ENB Region 2 Completed Applications 03/15/2006

Triumvirate Environmental (NYC), LLC (“Triumvirate”) formerly Chemical Waste Disposal (CWD) proposes the renewal and modification of a hazardous waste management permit. Triumvirate transports containerized and lab pack waste from off-site generators to its facility for short term storage prior to subsequent shipment to authorized recycling, treatment and disposal facilities.  The facility has been in continuous operation as a waste storage facility since 1964. CWD submitted a renewal application as required by 6 NYCRR 373-1.8 in April 1998. Under the provisions of State Administrative Procedures Act Section 401(2), when an “applicant has made a timely and sufficient application for the renewal of their permit, the existing permit does not expire until the application has been finally determined by the agency.”  The ownership of the facility was transferred to Triumvirate on August 8, 2003.  As part of the renewal application the DEC considered the renewal of a variance to a 50 foot buffer, (relieves the facility of a requirement for ignitable and reactive wastes to be stored at least 50 feet from the property boundary on the condition that it meets the requirements of National Fire Protection Agency’s Codes NFPA 30 for Flammable and Combustible liquids and NFPA 430 for Liquid/Solid Oxidizers), originally granted on March 30, 1989. Triumvirate proposes in their current application, amongst other items, to modify facility operations to commingle ignitable lab pack wastes  from different generators and to increase the amount of waste managed and stored (increase from 180 gallons to 360 gallons of reactive wastes and an increase from 5500 gallons to 9900 gallons of ignitable wastes) on site.

Tentative Determination:

The Department has made a tentative determination to renew and modify the 6NYCRR Part 373 Permit to operate a hazardous waste management facility permit for Triumvirate. A draft permit was prepared pursuant to the regulations in 6NYCRR Part 373-2 (Final Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities) as well as with all other applicable hazardous waste management laws and regulations including Article 27, Title 9 of the Environmental Conservation Law, 6NYCRR Part 370, Part 371, Part 372, Part 373-1, and Part 376.