Fact Sheet for 6 NYCRR Part 373 Hazardous Waste Management Permit Renewal for Durez Corporation
5000 Packard Road, Niagara Falls, New York 14304; EPA I.D. No.: NYD002103216; DEC No.: 9-2911-00111/00003
The DEC has received and reviewed an application for a 6 NYCRR Part 373 Permit renewal from Durez Corporation (Durez). This application includes storage of hazardous wastes in five hazardous waste storage tanks, storage in containers and incinerating the hazardous waste in an on-site incinerator. The facility is operating these hazardous waste management units under a current Part 373 Permit issued by DEC in 1990 and extended under 6 NYCRR Part 621.13(i) and pursuant to Section 401(2) of the State Administrative Procedures Act. The permitting standards in 6 NYCRR Part 373-1.9(a) require a hazardous waste combustion facility to conduct a trial burn in their combustion unit for demonstrating to DEC that the incinerator meets the performance standards set forth in 6 NYCRR Part 373-2.15 for incinerators burning hazardous wastes. In addition, under 6 NYCRR 373-1.6(c), DEC may require Durez to demonstrate that the human health and ecological impacts due to emissions from its incinerator stack are acceptable. DEC reviewed this permit renewal application including Durez's trial burn/comprehensive performance test plan (stack test plan), human health and ecological risk assessment protocols and approved them. Subsequently, trial burns were conducted in August and September of 2003. Based on the results of these tests done by Durez on the incinerator and on the health risk assessment based on these test emissions, DEC has concluded that the incinerator, when operated under the operating conditions of these tests, meets all permitting standards and that the human and ecological health risk impacts resulting from the incinerator stack emissions are within the guidelines of the US Environmental Protection Agency (EPA) and DEC. In addition, DEC has reviewed the Durez application and determined that the hazardous waste container and tank storage at Durez meet the regulatory requirements in 6 NYCRR Part 373-2.9 and 2.10 for storage of hazardous wastes in containers and tanks. Hence, DEC has tentatively determined to renew the facility's permit to operate five storage tanks, one container storage area and an incinerator. A draft Part 373 Permit has been prepared by DEC.
A. PURPOSE OF THE PERMITTING PROCESS
The purpose of the permitting process is to allow DEC, interested citizens and other governmental agencies the opportunity to evaluate the ability of the Permittee to comply with the applicable requirements promulgated under DEC regulations. DEC is required to prepare a draft permit which sets forth in concise terms all the applicable requirements with which it requires the Permittee to comply during the duration of the permit. The public is given a minimum of forty-five (45) days to review the draft permit and comment, or request a public hearing in writing, stating the nature of the proposed issues to be raised on the draft permit in the hearing, as per 6 NYCRR Part 621, prior to DEC taking any final permitting action on the application for a hazardous waste management permit.
B. PROCEDURE FOR REACHING A FINAL DECISION
PUBLIC INVOLVEMENT IN THE PERMITTING PROCESS
Article 27 of the New York State Environmental Conservation Law (ECL), 6 NYCRR Part 621 requires that the public be given a minimum of forty-five (45) days to comment on the draft permit. This section of the Fact Sheet provides information on opportunities for public participation in the permitting process and DEC's review of public comments and their role in permit decision-making.
Public Comment Period and Document Availability for Review:
DEC is interested in receiving comments from the public and other governmental agencies regarding the draft Part 373 Hazardous Waste Management Facility Permit and permit application for the Durez facility. The comment period will end on April 30, 2007 as indicated in the public notice. In lieu of, or in addition to the submittal of written comments, any interested person(s) may request a public hearing as per 6 NYCRR Part 621. A request for a public hearing must be made in writing, stating the nature of the proposed issues to be raised in the hearing.
Comments on the 6 NYCRR Part 373 Permit and/or request(s) for a hearing must be sent in writing within the above comment period to:
Mr. Steven J. Doleski
NYSDEC Region 9 Office
270 Michigan Avenue
Buffalo, NY 14203-2999
Comments should include all reasonably available references, factual grounds and supporting material.
In addition to the draft permit, DEC has prepared this Fact Sheet which includes a more detailed description of the hazardous waste management activities at Durez and descriptions of measures included in the Corrective Action Program for Durez for the investigation and remediation of releases of hazardous waste or constituents to the environment from solid waste management units at the site. Copies of these documents are available at the site identified above.
Additional Procedures in Making a Final Permit Decision:
In finalizing the permit, DEC will review all comments received during the public comment period/ hearing and the requirements of the hazardous waste regulations including 6 NYCRR Parts 370-372, Subpart 373-1, Subpart 373-2 as well as Part 376.
After this review, DEC may determine to hold an Adjudicatory Public Hearing, if substantiative and significant issues are raised, either, relating to any findings or determinations DEC is required to make pursuant to the ECL, or, relating to comments received from members of the public or other interested parties, where the resolution of the issues may result in denial of the permit, or the imposition of significant conditions. An adjudicatory public hearing is a trial type proceeding which provides the opportunity for adjudication on the basis of evidence, including direct testimony and cross examination. A copy of DEC's permit hearing procedures is available upon request or by clicking the link under Related Links to the right.
When DEC makes a final permit decision to either issue, deny or modify this permit, notice will be given to the applicant and to each person who has submitted written comments or requested notice of the final decision. If the decision is to issue a final permit, this notice will include a summary of responses to comments, identifying the permit conditions in the final permit which are different from those in the draft permit and the reasons for the changes. The final permit becomes effective immediately on the date of issuance, unless a later date is specified. The duration of the permit will be five years from the date of issuance.
C. FACILITY DESCRIPTION
Durez's Niagara Plant is located in an industrial area within the city limits of Niagara Falls. The facility consists of phenolic resin reactors and phenolic powder grinding operations. The hazardous waste generated during the manufacturing of these resins can be generally characterized as being more than seventy-seven percent water with the remaining fraction containing variable concentrations of phenol, methanol, formaldehyde, and kettle solvent flush. The hazardous waste is characterized under EPA waste codes D001, D026, D035, F003, F005.
Durez operates five hazardous waste storage tanks to store hazardous wastes generated on-site prior to burning them in the incinerator. All tanks are made of steel and are aboveground with a total permitted capacity in these tanks of 60,135 gallons. All tanks have secondary containment systems and meet the standards of 6 NYCRR Part 373-2.10 for hazardous waste storage tanks. A more detailed description of the tank systems can be found in the draft permit and complete permit renewal application.
Durez also operates one container storage area to store hazardous wastes in drums. The maximum storage capacity is 96 containers of 55-gallon drums, or 5280 gallons total whichever is more stringent. The container storage area is equipped with secondary containment meeting the requirements of 6 NYCRR Part 373-2.9(f). A more detailed description of the container storage can be found in the draft permit and complete permit renewal application.
Durez had a Hazardous Waste Management Permit (Part 373 Permit) issued in May 1990 by DEC. Durez was previously owned by Occidental Chemical Corporation (OCC). Instead of renewing the incinerator permit in the mid 90s, Durez planned to ship their hazardous waste to OCC in Niagara Falls for incineration. A trial burn was conducted with Durez waste at OCC's Niagara Falls facility. In the meantime, OCC sold their Durez facility to a new owner, resulting in requiring Durez to submit a renewal application with a plan for trial burn/comprehensive performance test in their on-site incinerator.
The incinerator at Durez's facility is a custom designed enclosed thermal oxidizer at approximately 1850 °F in a refractory lined combustion chamber with a thermal rating of 20 MM BTU/hr where aqueous liquid is atomized and the droplets are vaporized and burned. The incinerator has three waste liquid atomizers, and natural gas is used as auxiliary fuel. It is designed to burn approximately 60 lbs /mt of the aqueous waste with about 10-25 % organic although the draft permit allows only 42 lbs/ mt of waste feed with a maximum 23 % organics. The incinerator is a two-section chamber. In the primary combustion zone section of the unit, the inside is lined with a 6 inch super duty firebrick, a 4 ½ inch insulating firebrick and a 1 ½ inch insulating block. The resulting inside diameter is 54 inches. After passing through a 42-inch diameter internal constricting orifice, the inside diameter becomes 64 inches for the remaining 17 feet of the unit.
Hot products of combustion pass vertically through a 9 MM BTU process steam generator (boiler) dropping the exhaust temperature to approximately 450 to 700 °F before entering the quench to be quenched adiabatically to its saturation temperature and removal of coarser particles. The outlet of the quench is coupled to the inlet of the Wet Electrostatic Precipitator (WESP) which acts as the primary device for removal of sub-micron particles and droplets. The outlet of the WESP is ducted to the entrance of the induced draft fan and exhaust stack. The gases are pulled from the WESP and forced through the stack to the atmosphere.
As a part of this renewal process, Durez was required to perform a trial burn test to: (1) demonstrate continued compliance with the performance standards in 6 NYCRR Part 373-2.15 for burning hazardous wastes in incinerators, (2) enable DEC to determine incinerator operating conditions to be specified in the renewed permit to ensure routine day-to-day compliance of the incinerator with these standards, and (3) obtain emission data for a multi-pathway risk assessment. This test burn was performed during August and September of 2003 as per a DEC approved trial burn plan and under DEC oversight. Trial burn results were submitted to DEC for review. DEC staff with assistance from Department of Health staff, and EPA staff reviewed the results of this test burn and the health impact assessment of its emissions in a multi-pathway risk assessment report, both submitted by Durez, and found them to be acceptable.
The remaining portions of the permit renewal application to demonstrate compliance with hazardous waste storage and treatment standards (in containers and tanks) were also reviewed by DEC staff and found to meet Part 373-2 permitting standards for storage and treatment of hazardous wastes in containers and tanks. Hence, DEC has tentatively determined to renew the facility's permit for storage in five tanks, storage in 96 containers of 55-gallon capacity, and incineration of these on-site hazardous wastes.
D. NEW YORK STATE AND FEDERAL REQUIREMENTS FOR CORRECTIVE ACTION AT PERMITTED FACILITIES
The owner or operator of a facility seeking a Part 373 Permit must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time the waste was placed in the unit. The corrective action required for a facility will be specified in the permit in accordance with sections 373-2.6 and 373-2.19. The permit will contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.
Corrective action implementation authorized by 6 NYCRR 373-2.6 includes: (a) the RCRA Facility Assessment ("RFA"); (b) the RCRA Facility Investigation ("RFI"); and (c) Corrective Measures ("CM"). The RFA is a three-phase process that includes: a Preliminary Review ("PR"); a Visual Site Inspection ("VSI"); and a Sampling Visit ("SV"). The PR is a review of all available information on the individual Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs). During the PR, and in subsequent phases of the RFA, all of the media (i.e., soil, groundwater, surface water/sediment, air and subsurface gas) that could potentially be impacted by releases of hazardous waste, including hazardous constituents, are evaluated. Based on this evaluation, the SWMUs/AOCs will be characterized as to release potentials.
Following the PR, a VSI is conducted during which all of the SWMUs/AOCs either previously or newly discovered, are observed. While performing this reconnaissance, any signs of spills or leakage, stained soil, stressed vegetation, unit deterioration, or any other conditions that may be indicative of a release are assessed. By means of these observations and the findings of the PR, the Commissioner may require the facility to conduct a Sampling Visit (SV) at the units/areas where the releases would be suspected.
The SV can involve any or all of the previously described media at any given SWMU and/or AOC. For those units/areas where releases are clearly demonstrated in the PR and/or VSI, the SV can be avoided leaving the units/areas to be addressed in the RFI.
The RFA includes preparing the RFA report. This report includes the findings of the various RFA activities and recommendations for further action at those units and areas with demonstrated releases of hazardous wastes, including hazardous constituents. In some cases, where an immediate threat to human health or the environment exists, interim corrective measures may be required.
If the RFA concludes that there is a need for further investigative work, the Permittee shall be required to pursue phase two of corrective action, an RFI. The purpose of the RFI is to determine the nature, extent, direction and rate of migration of hazardous wastes, including hazardous constituents, in soils, groundwater, surface water/sediment, subsurface gas and/or air. From these multimedia analyses, the types and concentrations of contaminants present, the boundaries of any contamination (e.g., plumes), and the rate and direction of contaminant movement should be determined in each of the impacted media. Sufficient data shall be generated during the RFI to allow proper assessment of corrective measure alternatives. This may require bench and/or pilot studies to be implemented as part of the RFI. Once all analyses are reviewed, a RFI report is prepared that provides a summation of the data and recommendations for any needed corrective measures.
The culmination of the Corrective Action Program is Corrective Measures ("CM"). The initial stage of the corrective measures phase is the preparation of a Corrective Measures Study ("CMS"). A CMS may be required if concentrations of hazardous constituents in an aquifer, in surface water/sediment, in soils, or in air exceed their corresponding action levels. Such a study may also be required if individual concentrations of hazardous constituents are at or below their action levels, but they still may pose a threat to human health or the environment due to site-specific exposure conditions. The CMS will address alternative corrective measure strategies that are technologically feasible and reliable and which effectively mitigate and minimize damage to, and provides adequate protection of human health and the environment. The Permittee will develop the site-specific CMS using target cleanup levels chosen by the Commissioner to be protective of human health and the environment. Where available, they may be promulgated standards. Where promulgated standards are not available, the Commissioner may use health-based levels, based on Risk-Specific Doses ("RSD") for carcinogens and Reference Doses ("RFD") for systemic toxicants, or concentration levels protective of the environment, that have undergone scientific review. The CMS report should discuss the alternative corrective measure strategies studied, addressing technical, institutional, public health, and environmental issues, and develop the conceptual engineering for the alternative action proposed by the facility. The CMS may not require extensive evaluation of a number of remedial alternatives where a solution is straightforward or only few solutions exist. Such situations could require the Permittee to submit a highly focused CMS.
Following completion of the CMS, the Commissioner will select the corrective measure(s) from the corrective measure alternatives evaluated in the CMS. The Commissioner will then initiate a permit modification for the selected corrective measure(s). Subsequent to the permit modification, the owner or operator of the facility will be required to demonstrate financial assurance for completing the approved corrective measure(s).
Permit modification for the approved corrective measure(s) will initiate the final stage of corrective measures, Corrective Measures Implementation ("CMI"). The CMI will address the final design, construction, operation, maintenance, and monitoring of the corrective measure or measures selected.
E. CURRENT STATUS OF CORRECTIVE ACTION AT THE FACILITY
[Note: OCC formerly owned the facility and continues to operate the Corrective Action program.]
Nineteen Solid Waste Management Units (SWMUs) have been identified at the facility. OCC completed a RCRA Facility Investigation (RFI) and a Corrective Measures Study (CMS) to identify the extent of releases of hazardous waste constituents from the SWMUs and to evaluate possible remedial measures that could be employed to address those releases. As a result of the investigation OCC concluded that although hazardous waste constituents have been released to the fill/soil and groundwater beneath the facility, releases from the SWMUs are no longer significant sources of contamination. Therefore all the SWMUs at the facility are being addressed through implementation of a site-wide corrective measures program. A list of the principal hazardous waste constituents which have been released to the groundwater and the Groundwater Protection Standard for each constituent is included in Table 1.
| PARAMETER | CAS # | GROUNDWATER PROTECTION STANDARD (ug/L) |
|---|---|---|
| Acetone | 67-64-1 | 50.0 |
| Xylene (total) | 1330-20-7 | 5.0 |
| Ethylbenzene | 100-41-4 | 5.0 |
| Phenol | 108-95-2 | 50.0 |
| o-Dichlorobenzene | 95-50-1 | 4.7 |
| p-Dichlorobenzene | 106-46-7 | 4.7 |
Prior to 1995 OCC implemented a number of Interim Corrective Measures to address soil and groundwater contamination at the facility. These measures included:
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Excavation and removal of a former lagoon;
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Improvements and replacements to the tank farms;
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Excavation and removal of contaminated soils in the area of former Tank Farm A;
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Elimination of part of the on-site sewer system;
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Construction of an asphalt cap over all exposed ground surfaces at the facility;
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Installation of an overburden drain tile groundwater collection system; and
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Installation of a bedrock groundwater collection system.
In 1995 DEC determined that these Interim Corrective Measures, in conjunction with long-term operation of the bedrock and overburden groundwater remedial systems, were successful in reducing the potential threat to human health and the environment and were capable of achieving the remedial goals for the site. DEC thus determined that the continued operation of the interim remedial groundwater program and maintenance of the site-wide asphalt cap would serve as the Final Remedy for the facility.
The remedial goals of the Corrective Measures are as follows:
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Restrict off-site migration of hazardous constituents in the overburden and bedrock groundwater beneath the site;
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Restrict discharge of hazardous constituents to the sanitary sewer;
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Minimize human contact with hazardous constituents in on-site soils;
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Minimize the need for future and ongoing remediation and operation and maintenance activities by implementing technologies that will be reliable and effective over the long term;
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Maintain compatibility among the various remedial efforts and with Plant operations;
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Reduce the concentration of hazardous constituents within the soil and groundwater to acceptable levels (as defined by State and Federal standards and guidelines) consistent with the use of the property and adjacent properties; and
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Minimize residual risks in terms of volumes and concentrations of waste remaining following implementation of remedial efforts, and the persistence, toxicity, propensity to bioaccumulate, and mobility of the hazardous constituents in the soil and groundwater.
OCC pumps groundwater from three extraction wells and the overburden drain tile collection system to maintain hydraulic containment of contaminated groundwater and to remove contaminated groundwater for treatment. Contaminated groundwater is treated at an on-site treatment facility to reduce contaminant concentrations prior to being discharged to the Niagara Falls Water Board Wastewater Treatment Facility, under permit.
OCC also maintains a network of monitoring wells both on site and off site. Hydraulic monitoring is conducted semi-annually on 18 monitoring wells plus the extraction wells and the drain tile collection system. Chemical monitoring is conducted annually or bi-annually (the frequency depends on contamination concentrations and concentration trends) on 10 monitoring wells plus the extraction wells and the drain tile collection system.
The permittee was tasked with reducing the concentration of hazardous constituents in the on-site contaminant plumes by 50% within 10 years and by 75% within 15 years after system start-up. Operation of the remedial system has resulted in groundwater quality improvements that substantively achieve this objective.
F. PERMIT ORGANIZATION
The 6 NYCRR Part 373 Permit is divided into parts as outlined below:
General Conditions: Includes general conditions applicable to all permits and also any special conditions specific to the facility being permitted.
Module I - General Provisions- Covers the conditions found in 6 NYCRR Subpart 373-1 and conditions found in 6 NYCRR 373-2 and 376.
Module II - Corrective Action Requirements for Solid Waste Management Units - Covers all applicable conditions for continuing releases at permitted facilities found in 6 NYCRR 373-2.6(l);
Module III - Container Storage requirements- Covers all applicable requirements of 6 NYCRR Part 373-2.9;
Module IV - Tank Storage requirements- Covers all applicable requirements of 6 NYCRR Part 373-2.10;
Module V - Incinerators - Covers all applicable requirements in 6 NYCRR 373-2.15 for incinerating hazardous wastes.
G. BASIS FOR PERMIT CONDITIONS
The permit conditions are based on the requirements of 6 NYCRR Part 370 (Hazardous Waste Management System: General), Part 371 (Identification and Listing of Hazardous Wastes), Part 372 (Hazardous Waste Manifest System and Related Standards for Generators, Transporters, and Treatment, Storage & Disposal Facilities), Subpart 373-1 (Hazardous Waste Treatment, Storage, and Disposal Facility Permitting Requirements), Subpart 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities), and applicable regulations.
The attachments incorporated into the permit were taken from the Part 373 Permit application, Trial Burn Report and the Health Risk Assessment Reports, all accepted by DEC as complete. The application and these reports have formed the basis for the conditions set fourth in all modules of this draft permit. It is DEC's tentative determination that these attachments and reports are consistent with 6 NYCRR Parts 370-372, Subparts 373-1 and 373-2, and Part 376.
H. LEGAL REFERENCES FOR THIS PROPOSAL
Permitting requirements for facilities that treat, store or dispose of hazardous waste are promulgated under the ECL pursuant to Article 19, Title 3; Article 23, Title 23; and Article 27, Titles 7 and 9, and at the Federal level, under the Solid Waste Disposal Act as amended by RCRA and HSWA, and implementing regulations 42 U.S.C. 6901 et. seq and 40 CFR Parts 124, 260-264, 266, 268, and 270.
