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Subpart 373-1: Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements - Page 2

(Statutory Authority: Environmental Conservation Law Section 27-0900 et seq)

[Effective September 5, 2006]

[page 2 of 3]

Pages in this Part:
Sections 1 to Section 4
Sections 5 to Section 8
Sections 9 to Section 11

Contents:

Sec.

§373-1.5 - Contents of Permit Applications

(a) General Requirements.

(1) The permit application consists of a completed Part A application, the general information requirements of this section, and the specific information requirements in subdivisions of this Subpart applicable to the facility. The information requirements presented in subdivisions (a) through (p) of this section reflect the standards in Subpart 373-2 of this Part. These information requirements are necessary in order for the commissioner to determine compliance with the Subpart 373-2 standards. Information requirements in this section must be submitted to the commissioner and signed in accordance with requirements in paragraph 373-1.4(a)(5) of this Subpart. Certain technical data, such as design drawings and specifications, and engineering studies and reports must be certified by a professional engineer registered in New York State. The location of property boundaries must be certified by a person or firm registered to practice land surveying in the State of New York. For post-closure permits, the information specified in subdivision 373-1.5(o) of this Subpart is required in the permit application.

(2) General information requirements. The following information is required for all HWM facilities:

(i) A general description of the facility.

(ii) Chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses must contain all the information that must be known to treat, store, or dispose of the wastes properly in accordance with Subpart 373-2 of this Part.

(iii) A copy of the waste analysis plan required by paragraph 373-2.2(e)(2) of this Part and, if applicable, paragraph (e)(3) of such section.

(iv) A description of the security procedures and equipment required by subdivision 373-2.2(f) of this Part, or a justification demonstrating the reasons for requesting a waiver of this requirement.

(v) A copy of the general inspection schedule required by paragraph 373-2.2(g)(2) of this Part. Include where applicable, as part of the inspection schedule, specific requirements in subdivision 373-2.9(e), paragraph 373-2.10(d)(9), and subdivisions 373-2.10(f), 373-2.11(d), 373-2.12(e), 373-2.13(d), 373-2.14(e), 373-2.24(c), 373-2.27(d), 373-2.28(c), 373-2.28(d), 373-2.28(i), and 373-2.29(e) through (g) and (i) of this Part.

(vi) A justification of any request for a waiver(s) of the preparedness and prevention requirements of section 373-2.3 of this Part.

(vii) A copy of the contingency plan required by section 373-2.4 of this Part. Include, where applicable, as part of the contingency plan, specific requirements in subdivision 373-2.11(e) of this Part.

(viii) A description of procedures, structures, or equipment used at the facility to:

('a') prevent hazards in unloading operations (for example, ramps, special forklifts);

('b') prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);

('c') prevent contamination of water supplies;

('d') mitigate effects of equipment failure and power outages;

('e') prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and

('f') prevent releases to the atmosphere.

(ix) A description of precautions to prevent accidental ignition or reaction of ignitable, reactive, or incompatible wastes as required to demonstrate compliance with subdivision 373-2.2(i) of this Part, including documentation demonstrating compliance with paragraph (i)(3) of such section.

(x) Traffic pattern, estimated volume (number, types of vehicles) and control (for example, show turns across traffic lanes, and stacking lanes, if appropriate; describe access road surfacing and load-bearing capacity; show traffic control signals).

(xi) Facility Location Information.

('a') Owners and operators of all facilities must provide an identification of whether the facility is located within a 100-year floodplain. This identification must indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating, or maintaining the facility to withstand washout from a 100-year flood.

(Comment: Where maps for the National Flood Insurance Program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally determine if a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area (usually areas of the floodplain less than 200 feet in width), these areas must be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator must use equivalent mapping techniques, approved by the commissioner, to determine whether the facility is within the 100-year floodplain and, if so located, what the 100-year flood elevation would be.)

('b') Owners and operators of facilities located in the 100-year floodplain must provide the following information:

('1') engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as a consequence of a 100-year flood;

('2') structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility, and how these will prevent washout;

('3') if applicable, and in lieu of subclauses ('1') and ('2') of this clause, a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:

('i') timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility;

('ii') a description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under this Part or, if the facility is not located in New York State, in accordance with applicable regulations of the state in which the facility is located;

('iii') the planned procedures, equipment, and personnel to be used and the means to ensure that such resources will be available in time for use; and

('iv') the potential for accidental discharges of the waste during movement.

('c') Existing facilities not in compliance with subdivision 373-2.2(j) of this Part must provide a plan showing how the facility will be brought into compliance and a schedule for compliance.

(xii) An outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the HWM facility in a safe manner as required to demonstrate compliance with subdivision 373-2.2(h) of this Part. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in subparagraph (h)(1)(iii) of such section.

(xiii) A copy of the closure plan and, where applicable, the post-closure plan required by subdivisions 373-2.7(c) and (h) and 373-2.10(h) of this Part. Include, where applicable, as part of the plans, specific requirements in subdivisions 373-2.9(i), 373-2.10(h), 373-2.11(f), 373-2.12(h), 373-2.13(h), 373-2.14(g), 373-2.15(h), and 373-2.24(b) and (d) of this Part.

(xiv) For hazardous waste disposal units that have been closed, documentation that notices required under subdivision 373-2.7(i) of this Part have been filed.

(xv) The most recent closure cost estimate for the facility, prepared in accordance with subdivision 373-2.8(c) of this Part, and a copy of the documentation required to demonstrate financial assurance under subdivision 373-2.8(d). For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part 373 permit application.

(xvi) Where applicable, the most recent post-closure cost estimates for the facility prepared in accordance with subdivision 373-2.8(e) of this Part, plus a copy of the documentation required to demonstrate financial assurance under subdivision 373-2.8(f). For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part 373 permit application.

(xvii) Where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of subdivision 373-2.8(h) of this Part. For a new facility, documentation showing the amount of insurance meeting the specification of paragraph (h)(1) of such section and, if applicable, paragraph (h)(2), that the owner or operator plans to have in effect before initial receipt of hazardous waste for treatment, storage or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in paragraph (h)(3) of section 373-2.8.

(xviii) Reserved.

(xix) A topographic map showing a distance of 1,000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours must be shown on the map. The contour interval must be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet) if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meter (2 feet) if relief is less than 6.1 meters (20 feet). Owners and operators of HWM facilities located in mountainous areas should use large contour intervals to adequately show topographic profiles of facilities. The map must clearly show the following:

('a') map scale and date;

('b') 100-year floodplain area;

('c') surface waters, including intermittent streams;

('d') surrounding land uses (residential, commercial, agricultural, recreational);

('e') a wind rose (i.e., prevailing windspeed and direction);

('f') orientation of the map (north arrow);

('g') legal boundaries of the HWM facility site;

('h') access control (fences, gates);

('i') injection and withdrawal wells, both on-site and off-site;

('j') buildings; treatment, storage or disposal operations, or other structure (recreation area, runoff control systems, access and internal roads, storm, sanitary, and process sewerage systems, loading and unloading areas, fire control facilities, etc.);

('k') barriers for drainage or flood control;

('l') location of operational units within the HWM facility site, where hazardous waste is (or will be) treated, stored or disposed (include equipment cleanup areas).

(Note: For large HWM facilities the commissioner will allow the use of other scales on a case-by-case basis.)

(xx) For land disposal facilities, if a case-by-case extension has been approved under subdivision 376.1(e) of this Title or a petition has been approved under subdivision 376.1(f), a copy of the notice of approval for the extension or petition is required.

(xxi) A summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under paragraph 373-1.10(a)(4) of this Subpart.

(3) Additional information requirements. The following additional information regarding protection of ground water is required from owners or operators of hazardous waste surface impoundments, piles, land treatment units and landfills, except as otherwise provided in paragraph 373-2.6(a)(2) of this Part:

(i) a summary of the ground water monitoring data obtained during the interim status period under subdivisions 373-2.6(a)-(e), where applicable.

(ii) identification of the uppermost aquifers and aquifers hydraulically interconnected beneath the facility property, including ground water flow direction and rate, and the basis for such identification (i.e. the information obtained from hydrogeologic investigations of the facility area).

(iii) On the topographic map required under subparagraph (2)(xix) of this subdivision, a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under subdivision 373-2.6(f) of this Part, the proposed location of ground water monitoring wells as required under subdivision 373-2.6(h), and, to the extent possible, the information required in subparagraph (ii) of this paragraph.

(iv) A description of any plume of contamination that has entered the ground water from a regulated unit at the time that the application was submitted that:

('a') delineates the extent of the plume on the topographic map required under subparagraph (2)(xix) of this subdivision;

('b') identifies the concentration of each Appendix 33 constituent throughout the plume, or identifies the maximum concentrations of each Appendix 33 constituent in the plume.

(v) Detailed plans and an engineering report describing the proposed ground water monitoring program to be implemented to meet the requirements of subdivision 373-2.6(h) of this Part.

(vi) If the presence of hazardous constituents has not been detected in the ground water at the time of permit application, the owner or operator must submit sufficient information, supporting data and analysis to establish a detection monitoring program which meets the requirements of subdivision 373-2.6(i) of this Part. This submission must address the following items specified under subdivision 373-2.6(i):

('a') a proposed list of indicator parameters, waste constituents or reaction products that can provide a reliable indication of the presence of hazardous constituents in the ground water;

('b') a proposed ground-water monitoring system;

('c') background values for each proposed monitoring parameter or constituent, or procedures to calculate such values; and

('d') a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(vii) If hazardous constituents have been detected in the ground water at the point of compliance at the time of permit application, the owner or operator must submit sufficient information, supporting data, and analyses to establish a compliance monitoring program which meets the requirements of subdivision 373-2.6(j) of this Part. Except as provided in subparagraph 373-2.6(i)(8)(v) of this Part, the owner or operator must also submit an engineering feasibility plan for a corrective action program necessary to meet the requirements of subdivision 373-2.6(k) of this Part, unless the owner or operator obtains written authorization in advance from the commissioner to submit a proposed permit schedule for submittal of such a plan. To demonstrate compliance with subdivision 373-2.6(j) of this Part, the owner or operator must address the following items:

('a') a description of the wastes previously handled at the facility;

('b') a characterization of the contaminated ground water, including concentrations of hazardous constituents;

('c') a list of hazardous constituents for which compliance monitoring will be undertaken in accordance with subdivisions 373-2.6(h) and (j);

('d') proposed concentration limits for each hazardous constituent, based on the criteria set forth in paragraph (e)(1) of such section, including a justification for establishing any alternate concentration limits;

('e') detailed plans and an engineering report describing the proposed ground-water monitoring system, in accordance with the requirements of subdivision (h) of such section; and

('f') a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating ground-water monitoring data.

(viii) If hazardous constituents have been measured in the ground water which exceed the concentration limits established under subdivision 373-2.6(e), Table 1 of this Part, or if ground-water monitoring conducted at the time of permit application under subdivisions 373-2.6(a) through (e) at the waste boundary indicates the presence of hazardous constituents from the facility in ground water over background concentrations, the owner or operator must submit sufficient information, supporting data and analyses to establish a corrective action program which meets the requirements of subdivision 373-2.6(k). However, an owner or operator is not required to submit information to establish a corrective action program if the owner or operator demonstrates to the commissioner that alternate concentration limits will protect human health and the environment after considering the criteria listed in subdivision 373-2.6(e). An owner or operator who is not required to establish a corrective action program for this reason must instead submit sufficient information to establish a compliance monitoring program which meets the requirements of subdivision 373-2.6(j) and subparagraph (3)(vi) of this subdivision. To demonstrate compliance with subdivision 373-2.6(k), the owner or operator must address, at a minimum, the following items:

('a') a characterization of the contaminated ground water, including concentrations of hazardous constituents;

('b') the concentration limit for each hazardous constituent found in the ground water, as set forth in 373-2.6(e);

('c') detailed plans and an engineering report describing the corrective action to be taken;

('d') a description of how the ground-water monitoring program will demonstrate the adequacy of the corrective action; and

('e') the permit may contain a schedule for submittal of the information required in clauses ('c') and ('d') of this subparagraph provided the owner or operator obtains written authorization from the commissioner prior to submittal of the complete permit application.

(4) Information requirements for solid waste management units.

(i) The following information is required for each solid waste management unit at a facility seeking a permit:

('a') the location of the unit on the topographic map required under subparagraph (2)(xix) of this section;

('b') designation of type of unit;

('c') general dimensions and structural description (supply any available drawings);

('d') when the unit was operated;

('e') specification of all wastes that have been managed at the unit, to the extent available.

(ii) The owner or operator of any facility containing one or more solid waste management units must submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.

(iii) The owner or operator must conduct and provide the results of sampling and analysis of ground water, landsurface and subsurface strata, surface water, or air, which may include the installation of wells, where the commissioner ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.

(b) Specific information requirements for containers. Except as otherwise provided in subdivision 373-2.9(a), owners or operators of facilities that store containers of hazardous waste must provide the following additional information:

(1) a description of the containment system to demonstrate compliance with subdivision 373-2.9(f) of this Part. Show at least the following:

(i) basic design parameters, dimensions, and materials of construction;

(ii) how the design promotes drainage or how containers are kept from contact with standing liquids in the containment system;

(iii) capacity of the containment system relative to the number and volume of containers to be stored;

(iv) provisions for preventing or managing run-on; and

(v) how accumulated liquids can be analyzed and removed to prevent overflow;

(2) for storage areas that store containers holding wastes that do not contain free liquids, a demonstration of compliance with paragraph 373-2.9(f)(2) of this Part, including:

(i) test procedures and results or other information to show that the wastes do not contain free liquids; and

(ii) a description of how the storage area is designed or operated to drain and remove liquids or how containers are kept from contact with standing liquids.

(3) Sketches, drawings, or data demonstrating compliance with subdivision 373-2.9(g) of this Part (location of buffer zone and containers holding ignitable or reactive wastes) and paragraph (h)(3) of such section (location of incompatible wastes), where applicable.

(4) Where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with paragraphs 373-2.9(h)(1) and (2), and 373-2.2(i)(2) and (3) of this Part.

(5) Information on air emission control equipment, as required in subdivision 373-1.5(n).

(c) Specific information requirements for tank systems. Except as otherwise provided in subdivision 373-2.10(a) of this Part, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information:

(1) a written assessment that is reviewed and certified by an independent, qualified, professional engineer registered in New York State as to the structural integrity and suitability for handling hazardous waste of each tank system, as required under subdivisions 373-2.10(b) and (c) of this Part;

(2) dimensions and capacity of each tank;

(3) description of feed systems, safety cutoffs, bypass systems, and pressure controls (e.g. vents);

(4) a diagram of piping, instrumentation, and process flow for each tank system;

(5) a description of materials and equipment used to provide external corrosion protection, as required under clause 373-2.10(c)(1)(iii)('b') of this Part;

(6) for new tanks systems, a detailed description of how the tank systems will be installed in compliance with paragraphs 373-2.10(c)(2), (3), (4), and (5) of this Part;

(7) detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed and operated to meet the requirements of paragraphs 373-2.10(d)(1), (2), (3), (4), (5), and (6) of this Part;

(8) for tank systems for which a variance from the requirements of subdivision 373-2.10(d) of this Part is sought (as provided by paragraph 373-2.10(d)(7) of this Part):

(i) detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility; or

(ii) a detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment;

(9) description of controls and practices to prevent spills and overflows, as required under paragraph 373-2.10(e)(2) of this Part; and

(10) for tank systems in which ignitable, reactive or incompatible wastes are to be stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of subdivisions 373-2.10(i) and (j) of this Part.

(11) Information on air emission control equipment, as required in subdivision 373-1.5(n).

(d) Specific information requirements for surface impoundments. Except as otherwise provided in subdivision 373-2.1(a), owners and operators of facilities that store, treat and dispose of hazardous waste in surface impoundments must provide the following additional information:

(1) a list of the hazardous wastes placed or to be placed in each surface impoundment;

(2) detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated and maintained to meet the requirements of sections 373-2.2(k), 373-2.11(b), (j) and (k) of this Part. This submission must address the following items:

(i) the liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner is sought as provided by paragraph 373-2.11(b)(2), submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

(ii) the double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment must meet the requirements of paragraph 373-2.11(b)(3) of this Part. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by paragraphs 373-2.11(b)(4), (5), or (6) of this Part, submit appropriate information;

(iii) if the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system and surface impoundment;

(iv) the construction quality assurance (CQA) plan if required under subdivision 373-2.2(k) of this Part;

(v) proposed action leakage rate, with rationale, if required under subdivision 373-2.11(j) of this Part, and response action plan, if required under subdivision 373-2.11(k) of this Part;

(vi) prevention of overtopping; and

(vii) structural integrity of dikes;

(3) Reserved.

(4) a description of how each surface impoundment, including the double liner system, leak detection system, cover system and appurtenances for control of overtopping, will be inspected in order to meet the requirements of paragraphs 373-2.11(d)(1), (2) and (4) of this Part. This information should be included in the inspection plan submitted under subparagraph 373-1.5(a)(2)(v);

(5) a certification by an engineer, licensed in the State of New York, which attests to the structural integrity of each dike, as required under paragraph 373-2.11(d)(3) of this Part. For new units, the owner or operator must submit a statement by a qualified engineer that such a certification will be provided upon completion of construction in accordance with the plans and specifications;

(6) a description of the procedure to be used for removing a surface impoundment from service, as required under paragraphs 373-2.11(e)(2) and (3) of this Part. This information should be included in the contingency plan submitted under paragraphs 373-2.11(e)(1) and (2);

(7) a description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under subparagraph 373-2.11(f)(1)(i) of this Part. For any wastes not to be removed from the unit upon closure, the owner or operator must submit detailed plans and an engineering reporting describing how subparagraph (f)(1)(ii) and paragraph (f)(2) of section 373-2.11 of this Part will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under subparagraph (a)(2)(xiii) of this section;

(8) if ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how subdivision 373-2.11(g) of this Part will be complied with; and

(9) if incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of how subdivision 373-2.11(h) of this Part will be complied with.

(10) Exposure information.

(i) Any Part 373 permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a surface impoundment must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous waste or hazardous constituents through releases related to the unit. At a minimum, the information must address:

('a') reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation of wastes to or from the unit;

('b') the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under clause ('a') of this subparagraph; and

('c') the potential magnitude and nature of the human exposure resulting from such releases.

(ii) Owners and operators of surface impoundments who submitted a Part 373 permit application prior to the effective date of this Part (July 1, 1986) must submit the exposure information required in subparagraph (i) of this paragraph; and

(11) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026 and F027 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of subdivision 373-2.11(i) of this Part. This submission must address the following items as specified in subdivision 373-2.11(i):

(i) the volume and the physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere:

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials co-disposed with these wastes; and

(iv) the effectiveness of additional treatment, design, or monitoring techniques;

(12) Information on air emission control equipment, as required in subdivision 373-1.5(n).

(e) Specific information requirements for waste piles. Except as otherwise provided in subdivision 373-2.1(a), owners and operators of facilities that place or treat hazardous waste in waste piles must provide the following additional information:

(1) a list of hazardous wastes placed or to be placed in each waste pile;

(2) if an exemption is sought to subdivision 373-2.12(b) of this Part, and section 373-2.6 as provided by paragraph 373-2.12(a)(3) or subparagraph 373-2.6(a)(2)(ii), an explanation of how the standards of paragraph 373-2.12(a)(3) will be complied with; or detailed plans and an engineering report describing how the requirements of subparagraph 373-2.6(a)(3)(ii) will be met;

(3) detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated and maintained to meet the requirements of subdivisions 373-2.2(k), 373-2.12(b), (j) and (k) of this Part. This submission must address the following items as specified in such subdivisions:

(i) ('a') the liner system (except for an existing portion of a waste pile) - if the waste pile must meet the requirements of paragraph 373-2.12(b)(1) of this Part. If an exemption from the requirement for a liner is sought, as provided by paragraph 373-2.12(b)(2) of this Part, the owner or operator must submit detailed plans and engineering and hydrogeologic reports, as applicable, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

('b') The double liner and leak (leachate) detection, collection, and removal system, if the waste pile must meet the requirements of 373-2.12(b)(3) of this Title. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by 373-2.12(b)(4), (5) or (6) of this Title, submit appropriate information;

('c') If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;

('d') The construction quality assurance (CQA) plan if required under 373-2.2(k) of this Title;

('e') Proposed action leakage rate, with rationale, if required under 373-2.12(j) of this Title, and response action plan, if required under 373-2.12(k) of this Title;

(ii) control of run-on;

(iii) control of run-off;

(iv) management of collection and holding units associated with run-on and run-off control systems; and

(v) control of wind dispersal of particulate matter, where applicable.

(4) Reserved.

(5) a description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of paragraphs 373-2.12(e)(1), (2) and (3) of this Part. This information should be included in the inspection plan submitted under subparagraph 373-1.5(a)(2)(v) of this Subpart;

(6) if treatment is carried out on or in the pile, details of the process and equipment used, and the nature and quality of the residuals;

(7) if ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of subdivision 373-2.12(f) of this Part will be complied with;

(8) if incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how subdivision 373-2.12(g) of this Part will be complied with;

(9) a description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under paragraph 373-2.12(h)(1) of this Part. For any waste not to be removed from the waste pile upon closure, the owner or operator must submit detailed plans and an engineering report describing how paragraphs 373-2.14(g)(1) and (2) of this Part will be complied with. The information should be included in the closure plan and, where applicable, the post-closure plan submitted under subparagraph 373-1.5(a)(2)(xiii) of this Subpart; and

(10) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a waste pile that is not enclosed (as defined in paragraph 373-2.12(a)(3) of this Part) is or will be designed, constructed, operated, and maintained to meet the requirements of subdivision 373-2.12(i). This submission must address the following items as specified in subdivision 373-2.12(i):

(i) the volume and the physical and chemical characteristics of the wastes to be placed in the waste pile, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials co-disposed with these wastes; and

(iv) the effectiveness of additional treatment, design, or monitoring techniques.

(f) Specific information requirements for incinerators. Except as subdivision 373-2.15(a) of this Part provides otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of paragraphs (1), (2), or (3) of this subdivision.

(1) When seeking an exemption under section 373-2.15(a)(3) or (4) of this Part (ignitable, corrosive, or reactive wastes only):

(i) documentation that the waste is listed as a hazardous waste in section 371.4 of this Title, solely because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; or

(ii) documentation that the waste is listed as a hazardous waste in section 371.4 of this Title solely because it is reactive (Hazard Code R) for characteristics other than those listed in subparagraphs 371.3(d)(1)(iv) and (v), and will not be burned when other hazardous wastes are present in the combustion zone; or

(iii) documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under section 371.3 of this Title; or

(iv) documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in subparagraphs 371.3(d)(1)(i), (ii), (iii), (vi), (vii) or (viii) of this Title, and that it will not be burned when other hazardous wastes are present in the combustion zone.

(2) Submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with subparagraph 373-1.9(a)(2)(iii) of this Subpart.

(3) In lieu of a trial burn, the applicant may submit the following information:

(i) an analysis of each waste or mixture of wastes to be burned, including:

('a') heat value of the waste in the form and composition in which it will be burned;

('b') viscosity (if applicable), or description of physical form of the waste;

('c') an identification of any hazardous organic constituents listed in Appendix 23 of this Title that are present in the waste to be burned, except that the applicant need not analyze for constituents listed in Appendix 23 which would reasonably not be expected to be found in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion stated. The waste analysis must rely on analytical techniques specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in subdivision 370.1(e) of this Title, or their equivalent;

('d') an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in "Test Methods For Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846, as incorporated by reference in subdivision 370.1(e) of this Title.

('e') a quantification of those hazardous constituents in the waste which may be designated as Principal Organic Hazardous Constituents (POHC's), based on data submitted from other trial or operational burns which demonstrate compliance with the performance standards in subdivision 373-2.15(d) of this Part.

(ii) a detailed engineering description of the incinerator, including:

('a') manufacturer's name and model number of the incinerator;

('b') type of incinerator;

('c') linear dimension of incinerator unit, including cross sectional area of combustion chamber;

('d') description of auxiliary fuel system (type/feed);

('e') capacity of prime mover;

('f') description of automatic waste feed cutoff system(s);

('g') stack gas monitoring and pollution control monitoring system;

('h') nozzle and burner design;

('i') construction materials; and

('j') location and description of temperature, pressure and flow indicating devices and control devices.

(iii) A description and analysis of the waste to be burned compared with the waste for which data from operational or trial burns are provided, to support the contention that a trial burn is not needed. The data should include those items listed in subparagraph (3)(i) of this subdivision. This analysis should specify POHC's which the applicant has identified in the waste for which a permit is sought, and any differences from the POHC's in the waste for which burn data are provided.

(iv) The design and operating conditions of the incinerator to be used, compared with that for which comparative burn data are available.

(v) A description of the results submitted from any previously conducted trial burn(s), including:

('a') sampling and analysis techniques used to calculate performance standards in subdivision 373-2.15(d) of this Part; and

('b') methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement).

(vi) The expected incinerator operation information to demonstrate compliance with subdivision 373-2.15(d) and (f) of this Part, including:

('a') expected carbon monoxide (CO) level in the stack exhaust gas;

('b') waste feed rate;

('c') combustion zone temperature;

('d') indication of combustion gas velocity;

('e') expected stack gas volume, flow rate and temperature;

('f') computed residence time for waste in the combustion zone;

('g') expected hydrochloric acid removal efficiency;

('h') expected fugitive emissions and their control procedures; and

('i') proposed waste feed cutoff limits, based on identified significant operating parameters.

(vii) Such supplemental information the commissioner finds necessary to achieve the purposes of this paragraph.

(viii) Waste analysis data, including that submitted in subparagraph (3)(i) of this subdivision, sufficient to allow the commissioner to specify as permit principal organic hazardous constituents (permit POHC's) those constituents for which destruction and removal efficiencies will be required.

(4) The commissioner may approve a permit application without a trial burn if the commissioner finds that:

(i) the wastes are sufficiently similar; and

(ii) the incinerator is sufficiently similar, and the data from other trial burns are adequate to specify (under subdivision 373-2.15(f) of this Part) operating conditions that will ensure that the performance standards in subdivision 373-2.15(d) of this Part will be met by the incinerator.

(g) Specific information requirements for land treatment facilities. Except as otherwise provided in subdivision 373-2.1(a), owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information:

(1) a description of plans to conduct a treatment demonstration as required under subdivision 373-2.13(c) of this Part. The description must include the following information:

(i) the waste for which the demonstration will be made and the potential hazardous constituents in the waste;

(ii) the data source to be used to make the demonstration (e.g., literature, laboratory data, field data, or operating data);

(iii) any specific laboratory or field test that will be conducted, including:

('a') the type of test (e.g. column leaching, degradation);

('b') materials and methods, including analytical procedures;

('c') expected time for completion; and

('d') characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climate conditions, and operating practices.

(2) a description of a land treatment program, as required under subdivision 373-2.13(b) of this Part. This information must be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program must address the following items:

(i) the wastes to be land treated;

(ii) design measures and operating practices necessary to maximize treatment in accordance with paragraph 373-2.13(d)(1) of this Part including:

('a') waste application method and rate;

('b') measures to control soil pH;

('c') enhancement of microbial or chemical reactions; and

('d') control of moisture content;

(iii) provisions for unsaturated zone monitoring, including:

('a') sampling equipment, procedures, and frequency;

('b') procedures for selecting sampling locations;

('c') analytical procedures;

('d') chain of custody control;

('e') procedures for establishing background values;

('f') statistical methods for interpreting results; and

('g') the justification for any hazardous constituents recommended for selection as principal hazardous constituents, in accordance with the criteria for such selection in paragraph 373-2.13(f)(1) of this Part;

(iv) a list of hazardous constituents reasonably expected to be in, or derived from the wastes to be land treated based on waste analysis performed pursuant to section 373-2.2(e) of this Part;

(v) the proposed dimensions of the treatment zone;

(3) a description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of subdivision 373-2.13(d) of this Part. This submission must address the following items:

(i) control of run-on;

(ii) collection and control of runoff;

(iii) minimization of runoff of hazardous constituents from the treatment zone;

(iv) management of collection and holding facilities associated with run-on and runoff control systems;

(v) periodic inspection of the unit. This information should be included in the inspection plan submitted under subparagraph (a)(2)(v) of this section; and

(vi) control of wind dispersal of particulate matter, if applicable;

(4) the requirements of subdivision 373-2.13(e) of this Part prohibit the growth of food chain crops on any facility that is or has been used as a land treatment facility for hazardous waste. Therefore, information concerning the growth of food chain crops is not applicable for a permit application for a land treatment facility;

(5) if ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of subdivision 373-2.13(i) of this Part will be complied with;

(6) if incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how subdivision 373-2.13(j) of this Part will be complied with; and

(7) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026 and F027 describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of section 373-2.13(k) of this Part. This submission must address the following items:

(i) the volume and the physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials co-disposed with these wastes; and

(iv) the effectiveness of additional treatment, design, or monitoring techniques.

(h) Specific information requirements for landfills. Except as otherwise provided in subdivision 373-2.1(a), owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information:

(1) a list of the hazardous wastes placed or to be placed in each landfill or landfill cell;

(2) detailed plans and an engineering report describing how the landfill is designed and is or will be constructed, operated and maintained to comply with the requirements of subdivisions 373-2.2(k), 373-2.14(c), (e), and (n) of this Part. This submission must address the following items:

(i) ('a') the liner system (except for an existing portion of a landfill), if the landfill must meet the requirements of paragraph 373-2.14(c)(1) of this Part. If an exemption from the requirements for a liner and a leachate collection and removal system is sought as provided by paragraph 373-2.14(c)(2) of this Part, submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;

('b') The double liner and leak (leachate) detection, collection, and removal system, if the landfill must meet the requirements of paragraph 373-2.14(c)(3) of this Title. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by paragraphs 373-2.14(c)(4), (5), or (6) of this Title, submit appropriate information;

('c') If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;

('d') The construction quality assurance (CQA) plan if required under subdivision 373-2.2(k) of this Title;

('e') Proposed action leakage rate, with rationale, if required under subdivision 373-2.14(n) of this Title, and response action plan, if required under subdivision 373-2.14(e) of this Title;

(ii) control of run-on;

(iii) control of run-off;

(iv) management of collection and holding facilities associated with run-on and run-off control systems; and

(v) control of wind dispersal of particulate matter, where applicable;

(3) Reserved.

(4) a description of how each landfill, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of paragraphs 373-2.14(e)(1), (2) and (3) of this Part. This information should be included in the inspection plan submitted under subparagraph 373-1.5(a)(2)(v);

(5) detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with paragraph 373-2.14(g)(1) of this Part, and a description of how each landfill will be maintained and monitored after closure in accordance with paragraph 373-2.14(g)(2). This information should be included in the closure and post-closure plans submitted under subparagraph (a)(2)(xiii) of this section;

(6) if ignitable or reactive wastes will be landfilled, an explanation of how the standards of subdivision 373-2.14(h) of this Part will be complied with;

(7) if incompatible wastes, or incompatible wastes and materials will be landfilled, and explanation of how subdivision 373-2.14(i) of this Part will be complied with;

(8) Reserved.

(9) if containers of hazardous waste are to be landfilled, an explanation of how the requirements of subdivision 373-2.14(k) and (l) of this Part, as applicable, will be complied with;

(10) Exposure information.

(i) Any Part 373 permit application submitted by an owner or operator of a facility that stores, treats, or disposes of hazardous waste in a landfill must be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information must address:

('a') reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation of wastes to or from the unit;

('b') the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under clause ('a') of this subparagraph; and

('c') the potential magnitude and nature of the human exposure resulting from such releases.

(ii) Owners and operators of a landfill who submitted a Part 373 permit application prior to the effective date of this Part (July 1, 1986) must submit the exposure information required in subparagraph (i) of this paragraph; and

(11) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of subdivision 373-2.14(m) of this Part. This submission must address the following items as specified in subdivision 373-2.14(m):

(i) the volume and the physical and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;

(ii) the attenuative properties of underlying and surrounding soils or other materials;

(iii) the mobilizing properties of other materials co-disposed with these wastes; and

(iv) the effectiveness of additional treatment, design, or monitoring techniques.

(i) Specific information requirements for boilers and industrial furnaces burning hazardous waste.

(1) Trial burns.

(i) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by subdivision 374-1.8(e) of this Title, standards to control particulate matter provided by subdivision 374-1.8(f) of this Title, standards to control metals emissions provided by subdivision 374-1.8(g) of this Title, or standards to control hydrogen chloride or chlorine gas emissions provided by subdivision 374-1.8(h) of this Title must conduct a trial burn to demonstrate conformance with those standards and must submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with subdivision 373-1.9(d).

('a') A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of subdivisions 374-1.8(e) through (h) of this Title and subparagraphs (1)(ii) through (1)(v) of this subdivision; and

('b') The owner or operator may submit data in lieu of a trial burn, as prescribed in subparagraph (1)(vi) of this subdivision.

(ii) Waiver of trial burn for DRE.

('a') Boilers operated under special operating requirements. When seeking to be permitted under subparagraph 374-1.8(e)(1)(iv) and subdivision 374-1.8(k) of this Title that automatically waive the DRE trial burn, the owner or operator of a boiler must submit documentation that the boiler operates under the special operating requirements provided by subdivision 374-1.8(k) of this Title.

('b') Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by subparagraph 374-1.8(e)(1)(v) and paragraph 374-1.8(j)(1) of this Title that waive the DRE trial burn, the owner or operator must submit:

('1') Documentation that the device is operated in conformance with the requirements of subparagraph 374-1.8(j)(1)(i) of this Title.

('2') Results of analyses of each waste to be burned, documenting the concentrations of non metal compounds listed in Appendix 23 of this Title, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis must be identified and the basis for their exclusion explained. The analysis must rely on analytical techniques specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by reference, see subdivision 370.1(e)).

('3') Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subclause (1)(ii)('b')('2') of this subdivision using procedures provided by clause 374-1.8(j)(1)(ii)('b') of this Title.

('4') Results of emissions dispersion modeling for emissions identified in subclause (1)(ii)('b')('3') of this subdivision using modeling procedures prescribed by paragraph 374-1.8(g)(8) of this Title. The commissioner will review the emission modeling conducted by the applicant to determine conformance with these procedures. The commissioner will either approve the modeling or determine that alternate or supplementary modeling is appropriate.

('5') Documentation that the maximum annual average ground level concentration of each constituent identified in subclause (1)(ii)('b')('2') of this subdivision quantified in conformance with subclause (1)(ii)('b')('4') of this subdivision does not exceed the allowable ambient level established in Appendices 44 or 45 of section 374-1.8. The acceptable ambient concentration for emitted constituents for which a specific Reference Air Concentration has not been established in Appendix IV of 40 CFR Part 266 or Risk-Specific Dose has not been established in Appendix V of 40 CFR Part 266 is 0.1 micrograms per cubic meter, as noted in the footnote to Appendix IV of 40 CFR Part 266.

(iii) Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by paragraph 374-1.8(g)(2) and (5) of this Title that control metals emissions without requiring a trial burn, the owner or operator must submit:

('a') Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

('b') Documentation of the concentration of each metal controlled by paragraphs 374-1.8(g)(2) or (5) of this Title in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;

('c') Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by paragraphs 374-1.8(g)(2) or (5) of this Title will not be exceeded during the averaging period provided by that paragraph;

('d') Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by subparagraphs 374-1.8(g)(2)(iii) through (2)(v) of this Title;

('e') Documentation of compliance with the provisions of subparagraph 374-1.8(g)(2)(vi), if applicable, for facilities with multiple stacks;

('f') Documentation that the facility does not fail the criteria provided by subparagraph 374-1.8(g)(2)(vii) for eligibility to comply with the screening limits; and

('g') Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.

(iv) Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of paragraph 374-1.8(j)(2) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants must submit documentation supporting conformance with clause (1)(ii)('b') and subparagraph (1)(iii) of this subdivision.

(v) Waiver of trial burn for HCl and Cl2. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by subparagraph 374-1.8(h)(2)(i) and paragraph 374-1.8(h)(5) of this Title that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl2) without requiring a trial burn, the owner or operator must submit:

('a') Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;

('b') Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;

('c') Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by subparagraph 374-1.8(h)(2)(i) or paragraph 374-1.8(h)(5) of this Title will not be exceeded during the averaging period provided by that paragraph;

('d') Documentation to support the determination of the terrain-adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by subparagraph 374-1.8(h)(2)(iii) of this Title;

('e') Documentation of compliance with the provisions of subparagraph 374-1.8(h)(2)(iv), if applicable, for facilities with multiple stacks;

('f') Documentation that the facility does not fail the criteria provided by subparagraph 374-1.8(h)(2)(iii) for eligibility to comply with the screening limits; and

('g') Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.

(vi) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with subdivisions 374-1.8(e) through 374-1.8(h) of this Title and subdivision 373-1.9(d) by providing the information required by subdivision 373-1.9(d) from previous compliance testing of the device in conformance with subdivision 374-1.8(d) of this Title, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by 373-1.9(d) must be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information must be provided. The commissioner shall approve a permit application without a trial burn if the commissioner finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under subsection 374-1.8(c) of this Title) operating conditions that will ensure conformance with paragraph 374-1.8(c)(3) of this Title. In addition, the following information shall be submitted:

('a') For a waiver from any trial burn:

('1') A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;

('2') The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and

('3') Such supplemental information as the commissioner finds necessary to achieve the purposes of this paragraph.

('b') For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in paragraph 374-1.8(e)(1) of this Title. This analysis should specify the constituents in Appendix 23 of this Title, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.

(2) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under paragraph 374-1.8(e)(6) of this Title shall submit the following information at a minimum:

(i) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;

(ii) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;

(iii) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;

(iv) Trial burn plan to:

('a') Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and

('b') Identify the types and concentrations of organic compounds listed in Appendix 23 of this Title, that are emitted when burning hazardous waste in conformance with procedures prescribed by the commissioner;

(v) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and

(vi) Such other information as the commissioner finds necessary to achieve the purposes of this paragraph.

(3) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under paragraph 374-1.8(g)(6) of this Title, the owner or operator must submit documentation specifying how the approach ensures compliance with the metals emissions standards of paragraph 374-1.8(g)(3) or (4) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the commissioner finds necessary to achieve the purposes of this paragraph.

(4) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.

(5) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in subdivision 374-1.8(l) of this Title) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by subdivision 374-1.8(l) of this Title.

(6) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of subdivision 374-1.8(m) of this Title must submit information adequate to demonstrate conformance with those provisions.

(j) Specific information requirements for miscellaneous units. Except as otherwise provided in subdivision 373-2.24(a) of this Title, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information:

(1) A detailed description of the unit being used or proposed for use, including the following:

(i) physical characteristics, materials of construction, and dimensions of the unit;

(ii) detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of subdivisions 373-2.24(b) and (c) of this Title; and

(iii) for disposal units, a detailed description of the plans to comply with the post-closure requirements of subdivision 373-2.24(d) of this Title.

(2) Detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of subdivision 373-2.24(b) of this Title. If the applicant can demonstrate that he or she does not violate the environmental performance standards of subdivision 373-2.24(b) of this Title and the commissioner agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice.

(3) Information on the potential pathways of exposure of humans or environmental receptors to hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures.

(4) For any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data.

(5) Any additional information determined by the commissioner to be necessary for evaluation of compliance of the unit with the environmental performance standards of subdivision 373-2.24(b) of this Title.

(k) Specific information requirements for process vents. Except as otherwise provided in subdivision 373-2.1(a), owners and operators of facilities that have process vents to which section 373-2.27 applies must provide the following additional information:

(1) For facilities that cannot install a closed-vent system and control device to comply with the provisions of section 373-2.27 on the effective date that the facility becomes subject to the provisions of sections 373-2.27 or 373-3.37, an implementation schedule as specified in subparagraph 373-2.27 (d)(1)(ii).

(2) Documentation of compliance with the process vent standards in subdivision 373-2.27(c), including:

(i) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan).

(ii) Information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur.

(iii) Information and data used to determine whether or not a process vent is subject to the requirements of subdivision 373-2.27(c).

(3) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of subdivision 373-2.27(c), and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in subparagraph 373-2.27(f)(2)(iii).

(4) Documentation of compliance with subdivision 373-2.27(d), including:

(i) A list of all information references and sources used in preparing the documentation.

(ii) Records, including the dates, of each compliance test required by paragraph 373-2.27(d)(11).

(iii) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in subdivision 370.1(e) of this Title) or other engineering texts acceptable to the commissioner that present basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in clause 373-2.27(f)(2)(iv)('c').

(iv) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur.

(v) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater unless the total organic emission limits of paragraph 373-2.27(c)(1) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent.

(l) Specific information requirements for equipment. Except as otherwise provided in subdivision 373-2.1(a), owners and operators of facilities that have equipment to which section 373-2.28 applies must provide the following additional information:

(1) For each piece of equipment to which section 373-2.28 applies:

(i) Equipment identification number and hazardous waste management unit identification.

(ii) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan).

(iii) Type of equipment (e.g., a pump or pipeline valve).

(iv) Percent by weight total organics in the hazardous waste stream at the equipment.

(v) Hazardous waste state at the equipment (e.g., gas/vapor or liquid).

(vi) Method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").

(2) For facilities that cannot install a closed-vent system and control device to comply with the provisions of section 373-2.28 on the effective date that the facility becomes subject to the provisions of sections 373-2.28 or 373-3.28, an implementation schedule as specified in subparagraph 373-2.27(d)(1)(ii).

(3) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in subparagraph 373-2.27(f)(2)(iii).

(4) Documentation that demonstrates compliance with the equipment standards in subdivisions 373-2.28(c) to (j). This documentation shall contain the records required under subdivision 373-2.28(o). The commissioner may request further documentation before deciding if compliance has been demonstrated.

(5) Documentation to demonstrate compliance with subdivision 373-2.28(k) shall include the following information:

(i) A list of all information references and sources used in preparing the documentation.

(ii) Records, including the dates, of each compliance test required by paragraph 373-2.27(d)(10).

(iii) A design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in subdivision 370.1(e) of this Title) or other engineering texts acceptable to the commissioner that present basic control device design information. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in clause 373-2.27(f)(2)(iv)('c').

(iv) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur.

(v) A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.

(m) Special information requirements for drip pads. Except as otherwise provided by subdivision 373-2.1(a) of this Title, owners and operators of hazardous waste treatment, storage, or disposal facilities that collect, store, or treat hazardous waste on drip pads must provide the following additional information:

(1) A list of hazardous wastes placed or to be placed on each drip pad.

(2) If an exemption is sought under section 373-2.6 of this Title, as provided by subdivision 373-2.6(a) of this Title, detailed plans and an engineering report describing how the requirements of subparagraph 373-2.6(a)(2)(v) of this Title will be met.

(3) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet the requirements of subdivision 373-2.23(d) of this Title, including the as-built drawings and specifications. This submission must address the following items as specified in subdivision 373-2.23(b) of this Title:

(i) The design characteristics of the drip pad;

(ii) The liner system;

(iii) The leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time;

(iv) Practices designed to maintain drip pads;

(v) The associated collection system;

(vi) Control of run-on to the drip pad;

(vii) Control of run-off from the drip pad;

(viii) The interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;

(ix) Procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning, and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned.

(x) Operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized;

(xi) Procedures, including recordkeeping practices, for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-pressure processes is held on the drip pad until drippage has ceased;

(xii) Provisions for ensuring that collection and holding units associated with the run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;

(xiii) If treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals.

(xiv) A description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of subdivision 373-2.23(d) of this Title. This information should be included in the inspection plan submitted under subparagraph 373-1.5(a)(2)(v) of this Part.

(xv) A certification signed by an independent qualified, professional engineer registered in New York State, stating that the drip pad design meets the requirements of paragraphs (1) through (6) of subdivision 373-2.23(d) of this Title.

(xvi) A description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under paragraph 373-2.23(f)(1) of this Title. For any waste not to be removed from the drip pad upon closure, the owner or operator must submit detailed plans and an engineering report describing how paragraphs 373-2.14(g)(1) and (2) of this Title will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under subparagraph 373-1.5(a)(2)(xiii).

(n) Specific requirements for air emission controls for tanks, surface impoundments, and containers.

(1) Except as otherwise provided in subdivision 373-2.1(a) of this Title, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of section 373-2.29 of this Title shall provide the following additional information:

(i) Documentation for each floating roof cover installed on a tank subject to subparagraph 373-2.29(e)(4)(i) or 373-2.29(e)(4)(ii) of this Title that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications, as listed in subparagraph 373-2.29(e)(5)(i) or (6)(i) of this Title.

(ii) Identification of each container area subject to the requirements of section 373-2.29 of this Title and certification by the owner or operator that the requirements of this section are met.

(iii) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of subparagraph 373-2.29(e)(4)(v) or clause 373-2.29(g)(5)(i)('b') of this Title that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T - Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, Appendix B, as incorporated by reference in subdivision 370.1(e) of this Title.

(iv) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of paragraph 373-2.29(f)(3) of this Title that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in subparagraph 373-2.29(f)(3)(i) of this Title.

(v) Documentation for each closed-vent system and control device installed in accordance with the requirements of subdivision 373-2.29(h) of this Title that includes design and performance information, as specified in paragraphs 373-1.5(k)(3) and (4) of this Subpart.

(vi) An emission monitoring plan for both Method 21 in 40 CFR Part 60, Appendix A, as incorporated by reference in subdivision 370.1(e) of this Title, and control device monitoring methods. This plan shall include the following information: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliance.

(vii) When an owner or operator of a facility subject to section 373-3.29 of this Title cannot comply with section 373-2.29 of this Title, by the date of permit issuance, the schedule of implementation required under subdivision 373-3.29(c) of this Title.

(o) Requirements for post-closure permits. For post-closure permits, the owner or operator is required to submit the information specified in subparagraphs 373-1.5(a)(2)(i), (iv), (v), (vi), (xi), (xiii), (xiv), (xvi), and (xix) and paragraphs 373-1.5(a)(3) and (4) of this section unless the Department determines that additional information from subdivisions 373-1.5(a), (c), (d), (e), (g), or (h) of this section is necessary. The owner or operator is required to submit the same information when an alternative authority is used in lieu of a post-closure permit as provided in paragraph 373-1.2(e)(3) of this Subpart.

(p) Permit denial. The commissioner may, pursuant to the procedures in Part 621 of this Title, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.

§373-1.6 - Permit Conditions

(a) Conditions applicable to all permits. The following conditions apply to all Parts 373 permits, and will be incorporated into the permits either expressly or by reference. If incorporated by reference, a specification to these regulations must be given in the permits.

(1) Duty to Comply. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of ECL article 27, Title 9 and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

(2) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit.

(3) Need to halt or reduce activity not a defense. It will not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

(4) Duty to mitigate. In the event of noncompliance with the permit, the permittee must take all reasonable steps to minimize releases to the environment, and must carry out such measurements as are reasonable to prevent significant adverse impacts on human health and the environment.

(5) Proper operation and maintenance. The permittee must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operation staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

(6) Permit actions. This permit may be modified, suspended, or revoked for cause. The filing of a request by the permittee for a permit modification, suspension or revocation, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(7) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.

(8) Duty to provide information. The permittee must furnish to the commissioner, within a reasonable time, any relevant information which the commissioner may request to determine whether cause exists for modifying, suspending, or revoking this permit, or to determine compliance with this permit. The permittee must also furnish to the commissioner, upon request, copies of records required to be kept by this permit.

(9) Inspection and entry. The permittee must allow the commissioner or an authorized representative, upon the presentation of identification, to:

(i) enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

(ii) have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

(iii) inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

(iv) sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the ECL, any substances or parameters at any location.

(10) Monitoring and records.

(i) Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.

(ii) The permittee must retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by subparagraph 373-2.5(c)(2)(ix) of this Part, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the commissioner at any time. The permittee must maintain records of all ground water quality and ground water surface elevations, for the active life of the facility, and for the post-closure care period as well.

(iii) Records for monitoring information must include:

('a') the date, exact place, and time of sampling or measurements;

('b') the name(s) of the individual(s) who performed the sampling or measurements;

('c') the date(s) analyses were performed;

('d') the name(s) of the individual(s) who performed the analyses;

('e') the analytical techniques or methods used; and

('f') the results of such analyses.

(11) Signatory Requirements. All applications, reports, or information submitted to the commissioner must be signed and certified (see section 373-1.4(a)(5) of this Subpart).

(12) Reporting requirements.

(i) Planned changes. The permittee must give notice to the commissioner as soon as possible of any planned physical alternations or additions to the permitted facility.

(ii) Anticipated non-compliance. The permittee must give advance notice to the commissioner of any planned changes in the permitted facility or activity which may result in non-compliance with permit requirements. For a new facility, the permittee may not treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee may not treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in Section 373-1.7, until:

('a') the permittee has submitted to the commissioner by certified mail or hand delivery a letter signed by the permittee and a registered professional engineer stating that the facility has been constructed or modified in compliance with the permit; and

('b') the commissioner has:

('1') inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or

('2') if, within 15 days of the date of submission of the letter in clause ('a') of this subparagraph, the permittee has not received notice from the commissioner of his or her intent to inspect, the prior inspection is waived and the permittee may commence treatment, storage or disposal of hazardous waste.

(iii) Transfers. This permit is not transferable to any person except after notice to the commissioner. The commissioner may require modification or suspension of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under this Part. (Note: see subdivision 373-1.7(a) of this Subpart.) (iv) Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere in the permit.

(v) Compliance schedules. Reports of compliance or non-compliance with or any progress reports on, interim and final requirements contained in any compliance schedule of this permit must be submitted no later than 14 days following each schedule date.

(vi) Twenty-four hour reporting.

('a') The permittee must orally report any noncompliance that may endanger health or the environment within 24 hours from the time the permittee becomes aware of the circumstances, including:

('1') information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies; and

('2') any information of a release or discharge of hazardous waste or of a fire or explosion from the HWM facility, which could threaten the environment or human health outside the facility.

('b') The description of the occurrence and its cause must include:

('1') names, address, and telephone number of the operator;

('2') name, address, and telephone number of the facility;

('3') date, time and type of incident;

('4') name (chemical and common) and quantity of materials(s) involved;

('5') the extent of injuries, if any;

('6') an assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and

('7') estimated quantity and disposition of recovered material that resulted from the incident.

('c') A written submission must also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The commissioner may waive the five day written notice requirement in favor of a written report within fifteen days.

(vii) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the permittee must attempt to reconcile the discrepancy. If not resolved within fifteen days, the permittee must submit a letter report, including a copy of the manifest, to the commissioner (see Part 372 of this Title).

(viii) Unmanifested waste report: This report must be submitted to the commissioner within 15 days of receipt of unmanifested waste (see section 373-2.5(f) of this Part).

(ix) Annual report: An annual report must be submitted covering facility activities during the calendar year (see section 373-2.5(e) of this Part).

(x) Other noncompliance. The permittee shall report all instances of noncompliance not reported under subparagraphs (iv), (v) and (vi) of this paragraph at the time monitoring reports are submitted. The reports shall contain the information listed in subparagraph (vi).

(xi) Other information. Where the permittee becomes aware that any relevant facts were omitted in a permit application, or incorrect information was submitted in a permit application or in any reports to the commissioner, the permittee must promptly submit the correct facts or information.

(13) Information repository. The commissioner may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in paragraph 373-1.10(c)(2) of this Subpart. The information repository will be governed by the provisions in paragraphs 373-1.10(c)(3) through (6) of this Subpart.

(b) Requirements for recording and reporting of monitoring results. All permits must specify:

(1) requirements concerning the proper use, maintenance, and installation when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);

(2) required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitoring activity including, when appropriate, continuous monitoring; and

(3) applicable reporting requirements based upon the impact of the regulated activity and as specified in Subpart 373-2 of this Part. Reporting must be no less frequent than specified in the above regulations.

(c) Establishing permit conditions.

(1) In addition to conditions required in all permits (subdivision (a) of this section), the commissioner may establish, as required on a case-by-case basis, conditions in permits regarding section 373-1.8(a) of this Subpart (duration of permits), subdivision 373-1.6(d) (schedules of compliance and alternate schedules of compliance), and subdivision 373-1.6(b) (monitoring).

(2) Each permit will include permit conditions necessary to achieve compliance with RCRA and its regulations and Article 27, Title 9 of the ECL and its regulations, including each of the applicable requirements specified in Subpart 373-2 and Parts 374 and 376 of this Title. In satisfying this provision, the commissioner may incorporate applicable requirements of Subpart 373-2 and Parts 374 and 376 directly into the permit or establish other permit conditions that are based on this Part. The commissioner may impose permit conditions as the commissioner determines necessary to protect human health and the environment.

(3) New permits, renewal of permits and modified or suspended permits, shall incorporate each of the applicable requirements referenced in this section.

(4) Incorporation. All permit conditions will be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit. The applicable regulations or requirements would be those which are in effect prior to final issuance of the permit.

(d) Schedules of compliance.

(1) The permit may, when appropriate, specify a schedule of compliance leading to compliance with this Part.

(i) Time for compliance. Any schedules of compliance will require compliance as soon as possible.

(ii) Interim dates. Except as provided in clause (2)(i)('b') of this subdivision, if a permit establishes a schedule of compliance which exceeds 1 year from the date of permit issuance, the schedule will establish interim requirements and the dates for their achievement.

('a') The time between interim dates will not exceed 1 year.

('b') If the time necessary for completion of any interim requirement is more than 1 year and is not readily divisible into stages for completion, the permit will specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

(iii) Reporting. The permit will be written to require that no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the commissioner in writing, of its compliance or noncompliance with the interim or final requirements, or submit progress reports if clause (1)(ii)('b') of this subdivision is applicable.

(2) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and for treatment and storage HWM facilities, closing pursuant to applicable requirements; and for disposal HWM facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows:

(i) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:

('a') the permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

('b') the permittee must cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.

(ii) If the decision to cease conducting regulated activities is made before issuance of a permit the term of which would have included the termination date, the permit when issued will contain a schedule leading to termination to ensure timely compliance with applicable requirements.

(iii) If the permittee is undecided whether to cease conducting regulated activities, the commissioner may issue or modify a permit to contain two schedules as follows:

('a') Both schedules will contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a data which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities.

('b') One schedule will lead to timely compliance with applicable requirements.

('c') The second schedule will lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements.

('d') Each permit containing two schedules will include a requirement that after the permittee has made a final decision under clause ('a') of this subparagraph it must follow the schedule leading to termination if the decision is to cease conducting regulated activities.

(iv) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the commissioner, such as resolution of the board of directors of a corporation.

(e) Effect of a permit. Compliance with a permit issued pursuant to this Part during it's term constitutes compliance, for purposes of enforcement, with Parts 370 through 374 and 376 of this Title except for those requirements not included in the permit which:

(1) Become effective by statute;

(2) Are promulgated under Part 376 of this Title restricting the placement of hazardous wastes in or on the land;

(3) Are promulgated under Subpart 373-2 of this Part regarding leak detection systems for new and replacement surface impoundment, waste pile, and landfill units, and lateral expansions of surface impoundment, waste pile, and landfill units. The leak detections system requirements include double liners, CQA programs, monitoring, action leakage rates, and response action plans, and will be implemented through the procedures of section 373-1.7 of this Part for major modifications; or

(4) Are promulgated under sections 373-3.27, 373-3.28 or 373-3.29 of this Part limiting air emissions.

§373-1.7 - Permit Modifications

(a) Transfer of Permits.

(1) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified under subdivision 373-1.7(b) and Part 621 of this Title to identify the new permittee and incorporate such other requirements as may be necessary.

(2) Changes in the ownership or operational control of a facility may be made as a minor modification with prior written approval of the commissioner in accordance with subdivision 373-1.7(c). The new owner or operator must submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the commissioner. When a transfer of ownership or operational control occurs, the previous owner or operator shall comply with the requirements of Section 373-2.8 (Financial Requirements) of this Title until the new owner or operator has demonstrated that he or she is complying with the requirements of that section. The new owner or operator must demonstrate compliance with Section 373-2.8 requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the commissioner by the new owner or operator of compliance with section 373-2.8, the commissioner shall notify the previous owner or operator that he or she no longer needs to comply with section 373-2.8 as of the date of demonstration.

(b) Modification of permits. Every application for modifications to a permit will be processed pursuant to Part 621 of this Title.

(c) Minor modification of RCRA delegated permits. An application for modification of a RCRA delegated permit may be processed pursuant to Part 621 of this Title without being treated as a new application for only the following changes under the indicated categories:

(1) General Permit Provisions.

(i) Administrative and informational changes.

(ii) Correction of typographical errors.

(iii) Equipment replacement or upgrading with functionally equivalent components (e.g., pipes, valves, pumps, conveyors, controls).

(iv) Changes in the frequency of or procedures for monitoring, reporting, sampling, or maintenance activities by the permittee to provide for more frequent monitoring, reporting, sampling, or maintenance.

(v) Schedule of compliance: changes in interim compliance dates, with prior approval of the commissioner.

(vi) Changes in expiration date of permit to allow earlier permit termination, with prior approval of the commissioner.

(vii) Changes in ownership or operational control of a facility, provided the procedures of paragraph 373-1.7(a)(2) are followed.

(2) General Facility Standards.

(i) Changes to waste sampling or analysis methods:

('a') to conform with Department guidance or regulations.

('b') to incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes.

('c') To incorporate changes associated with F039 (multi-source leachate) sampling or analysis methods.

(ii) Changes to analytical quality assurance/control plan to conform with Department guidance or regulations.

(iii) Changes in procedures for maintaining the operating record.

(iv) Changes in the training plan other than those that affect the type or decrease the amount of training given to employees.

(v) Contingency plan:

('a') replacement with functionally equivalent equipment, upgrade, or relocate emergency equipment listed.

('b') changes in name, address, or phone number of coordinators or other persons or agencies identified in the plan.

(vi) Construction quality assurance plan:

('a') changes that the CQA officer certifies in the operating record will provide equivalent or better certainty that the unit components meet design specifications.

(Note: When a permit modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that change shall be reviewed under the same procedures as the permit modification.)

(3) Ground-Water Protection.

(i) Changes to wells:

('a') replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well.

(ii) Changes in ground-water sampling or analysis procedures or monitoring schedule, with prior approval of the commissioner.

(iii) Changes in statistical procedure for determining whether a statistically significant change in ground-water quality between upgradient and downgradient wells has occurred, with prior approval of the commissioner.

(4) Closure.

(i) Changes to the closure plan:

('a') changes in estimate of maximum extent of operations or maximum inventory of waste on-site at any time during the active life of the facility, with prior approval of the commissioner.

('b') changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior approval of the commissioner.

('c') changes in the expected year of final closure, where other permit conditions are not changed, with prior approval of the commissioner.

('d') changes in procedures for decontamination of facility equipment or structures, with prior approval of the commissioner.

(ii) Addition of the following new units to be used temporarily for closure activities:

('a') tanks used for neutralization, dewatering, phase separation, or component separation, with prior approval of the commissioner.

(5) Post-Closure.

(i) Changes in name, address, or phone number of contact in post-closure plan.

(ii) Changes to the expected year of final closure, where other permit conditions are not changed.

(6) Containers.

(i) Modification or addition of container units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards with prior approval of the commissioner. This modification may also involve addition of new waste codes or narrative descriptions of wastes. It is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(ii) Addition of a roof to a container unit without alteration of the containment system.

(iii) Storage or treatment of different wastes in containers:

('a') that require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

('b') that do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(7) Tanks.

(i) After prior approval of the commissioner, addition of a new tank that will operate for up to 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation.

(ii) Modification or addition of tank units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards, with prior approval of the commissioner. This modification may also involve addition of new waste codes. It is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(iii) Replacement of a tank with a tank that meets the same design standards and has a capacity within +/- 10 percent of the replaced tank provided:

('a') the capacity difference is no more than 1500 gallons;

('b') the facility's permitted tank capacity is not increased; and

('c') the replacement tank meets the same conditions in the permit.

(iv) Management of different wastes in tanks:

('a') that require addition of units or change in treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. The modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

('b') that do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(8) Surface Impoundments.

(i) Treatment, storage, or disposal of different wastes in surface impoundments:

('a') that are wastes restricted from land disposal that meet the applicable treatment standards, and provided that the unit meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and subparagraph 376.1(e)(8)(ii). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

('b') that are residues from wastewater treatment or incineration, provided that disposal occurs in a unit that meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and subparagraph 376.1(e)(8)(ii), and provided further that the surface impoundment has previously received wastes of the same type (for example, incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(ii) Modifications of unconstructed units to comply with paragraphs 373-2.11(b)(3) and (d)(4) and subdivisions 373-2.11(j) and (k).

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(9) Enclosed Waste Piles. For all waste piles except those complying with paragraph 373-2.12(a)(3), modifications are treated the same as for a landfill. The following modifications are applicable only to waste piles complying with paragraph 373-2.12(a)(3).

(i) Replacement of a waste pile unit with another waste pile unit of the same design and capacity and meeting all waste pile conditions in the permit.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(10) Landfills and Unenclosed Waste Piles.

(i) Landfill different wastes:

('a') that are wastes restricted from land disposal that meet the applicable treatment standards, and provided that the landfill unit meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and subparagraph 376.1(e)(8)(ii). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

('b') that are residues from wastewater treatment or incineration, provided that disposal occurs in a landfill unit that meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and subparagraph 376.1(e)(8)(ii), and provided further that the landfill has previously received wastes of the same type (for example, incinerator ash). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(ii) Modifications of unconstructed units to comply with paragraph 373-2.12(b)(3), subdivisions 373-2.12(e), (j) and (k), paragraphs 373-2.14(c)(3) and (e)(3), and subdivisions 373-2.14(n) and (o).

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(11) Land Treatment.

(i) Modification of a land treatment unit management practice to decrease rate of waste application.

(ii) Changes in any condition specified in the permit for a land treatment unit to reflect results of the land treatment demonstration, provided performance standards are met, and the commissioner's prior approval has been received.

(iii) Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and have received the prior approval of the commissioner.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(12) Incinerators, Boilers, and Industrial Furnaces.

(i) Shakedown and trial burn:

('a') authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness after construction, with the prior approval of the commissioner.

('b') changes in the operating requirements set in the permit for conducting a trial burn, provided the change is minor and has received the prior approval of the commissioner.

('c') changes in the ranges of the operating requirements set in the permit to reflect the results of the trial burn, provided the change is minor and has received the prior approval of the commissioner.

(ii) Substitution of an alternate type of nonhazardous waste fuel that is not specified in the permit.

(iii) Technology changes needed to meet standards under 40 CFR Part 63 (Subpart EEE--National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors), as incorporated by reference in subdivision 370.1(e) of this Title, provided the procedures of subdivision 373-1.7(j) of this Subpart are followed.

(13) Containment Buildings.

(i) Replacement of a containment building with a containment building that meets the same design standards provided:

('a') the unit capacity is not increased.

('b') the replacement containment building meets the same conditions specified in the permit. (14) Temporary authorizations.

(i) Conduct, for a term of not more than 180 days, or, if extended, for not more than a total of 360 days, of a modification which is a major modification (not otherwise a minor modification) and which meets the criteria given in subdivision 373-1.7(f).

(15) Other modifications.

(i) In the case of modifications not explicitly listed as minor or major, the permittee may submit a request for permit modification and request that it be classified and administered as a modification under Part 621 (Uniform Procedures) of this Title, and as a minor or major modification under this Part. This request must include information supporting the requested classification.

(ii) The Department shall determine whether the request qualifies to be administered as a modification or an application for a new permit in accordance with section 621.11 (Uniform Procedures) of this Title. In making this determination, the Department shall consider the degree to which the proposed changes are similar to those listed above and the following criteria:

('a') minor modifications apply to minor changes that keep the permit current with routine changes to the facility or its operation. These changes do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment.

(d) Major Modifications. Major modifications include, but are not limited to, the following:

(1) General Permit Provisions.

(i) Extension of final compliance date.

(2) Ground-Water Protection.

(i) Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs), as specified in the groundwater protection standard.

(ii) Compliance monitoring program:

('a') Addition of compliance monitoring program as required by subparagraphs 373-2.6(i)(8)(iv) and (j)(10)(iii).

(iii) Corrective action program:

('a') Addition of a corrective action program as required by paragraph 373-2.6(j)(11) and subdivision 373-2.6(k).

(3) Closure.

(i) Creation of a new landfill unit as part of closure.

(ii) Addition of the following new units to be used temporarily for closure activities:

('a') Surface impoundments;

('b') Incinerators;

('c') Waste piles that do not comply with paragraph 373-2.12(a)(3).

(4) Post-Closure.

(i) Reduction in the post-closure care period.

(5) Containers.

(i) Modification or addition of container units resulting in greater than 25 percent increase in the facility's container storage capacity, except as provided in subparagraph 373-1.7(c)(6)(i) and clause 373-1.7(c)(6)(iii)('a').

(ii) Storage of different wastes in containers, except as provided in subparagraph 373-1.7(c)(6)(iii), that require additional or different management practices from those authorized in the permit.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(6) Tanks.

(i) Modification or addition of tank units resulting in greater than 25 percent increase in the facility's tank capacity, except as provided in subparagraphs 373-1.7(c)(7)(i) and (ii).

(ii) Management of different wastes in tanks:

('a') that require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process from that authorized in the permit, except as provided in clause 373-1.7(c)(7)(iv)('a').

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(7) Surface Impoundments.

(i) Modification or addition of surface impoundment units that result in increasing the facility's surface impoundment storage or treatment capacity.

(ii) Replacement of a surface impoundment unit.

(iii) Treatment, storage, or disposal of different wastes in surface impoundments that require additional or different management practices or different design of the liner or leak detection system than authorized in the permit.

(iv) Changes in response action plan:

('a') Increase in action leakage rate;

('b') Change in a specific response reducing its frequency or effectiveness.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(8) Enclosed Waste Piles. For all waste piles except those complying with paragraph 373-2.12(a)(3), modifications are treated the same as for a landfill. The following modifications are applicable only to waste piles complying with paragraph 373-2.12(a)(3).

(i) Modification or addition of waste pile units resulting in greater than 25 percent increase in the facility's waste pile storage or treatment capacity.

(ii) Storage or treatment of different wastes in waste piles that require additional or different management practices or different design of the unit.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(9) Landfills and Unenclosed Waste Piles.

(i) Modification or addition of landfill units that result in increasing the facility's disposal capacity.

(ii) Replacement of a landfill.

(iii) Addition or modification of a liner, leachate collection system, leachate detection system, run-off control, or final cover system.

(iv) Landfill different wastes that require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system.

(v) Changes in response action plan:

('a') Increase in action leakage rate;

('b') Change in a specific response reducing its frequency or effectiveness.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(10) Land Treatment.

(i) Lateral expansion of or other modification of a land treatment unit to increase areal extent.

(ii) Modify run-off control system.

(iii) Management of different wastes in land treatment units that require a change in permit operating conditions or unit design specifications.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(iv) Modification of a land treatment unit management practice to increase rate or change method of waste application.

(v) Modification of a land treatment unit management practice to grow food chain crops, to add to or replace existing permitted crops with different food chain crops, or to modify operating plans for distribution of animal feeds resulting from such crops.

(vi) Modification of operating practice due to detection of releases from the land treatment unit pursuant to subparagraph 373-2.13(f)(7)(ii).

(vii) Changes in the unsaturated zone monitoring system, resulting in a change to the location, depth, number of sampling points, or replace unsaturated zone monitoring devices or components of devices with devices or components that have specifications different from permit requirements.

(viii) Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, where the conditions for the second demonstration are not substantially the same as the conditions for the first demonstration.

(11) Incinerators, Boilers, and Industrial Furnaces.

(i) Changes to increase by more than 25 percent any of the following limits authorized in the permit: A thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

(ii) Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or geometry of the primary or secondary combustion units, by adding a primary or secondary combustion unit, by substantially changing the design of any component used to remove hydrogen chloride, chlorine, metals, or particulate from the combustion gases, or by changing other features of the incinerator, boiler, or industrial furnace that could affect its capability to meet the regulatory performance standards. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

(iii) Operating requirements:

('a') Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen concentration in the secondary combustion chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

('b') Modification of any stack gas emission limits specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste feed cutoff procedures or controls.

(iv) Burning different wastes if the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning of the waste requires compliance with different regulatory performance standards than specified in the permit. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

(Note: See subdivision 373-1.7(g) for modification procedures to be used for the management of newly listed or identified wastes.)

(12) Containment Buildings.

(i) Modification or addition of containment building units resulting in greater than 25 percent increase in the facility's containment building storage or treatment capacity.

(ii) Storage or treatment of different wastes in containment buildings that require additional or different management practices.

(13) Corrective Action:

(i) Approval of a corrective action management unit pursuant to subdivision 373-2.19(a) of this Title.

(e) Announcement of Determination. Upon receipt of the commissioner's determination, the permittee must send an announcement of every minor modification to all persons on the facility mailing list maintained by the commissioner under paragraph 621.7(i)(6) of this Title, to any unit of local government having jurisdiction over the area where the facility is proposed to be located, and to each State agency having any authority under State law with respect to the construction or operation of such facility. This announcement must be made within 90 calendar days after the commissioner approves the request as a minor modification.

(f) Temporary Authorizations.

(1) Upon request of the permittee, the commissioner may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with this subdivision. Temporary authorizations must have a term of not more than 180 days.

(2) (i) The permittee may request a temporary authorization for any modification which would otherwise be a major modification that meets the criteria in clause (3)(ii) ('a') or ('b') of this subdivision; or that meets the criteria in clauses (3)(ii)('c') through ('e') of this subdivision and provides improved management or treatment of a hazardous waste already listed in the facility permit.

(ii) The temporary authorization request must include:

('a') a description of the activities to be conducted under the temporary authorization;

('b') an explanation of why the temporary authorization is necessary; and

('c') sufficient information to ensure compliance with the Part 373 standards.

(iii) The permittee must send an announcement about the temporary authorization request to all persons on the facility mailing list maintained by the commissioner under paragraphs paragraph 621.7(i)(6) of this Title, to any unit of local government having jurisdiction over the area where the facility is proposed to be located, and to each State agency having any authority under State law with respect to the construction or operation of such facility. This announcement must be made within seven days of submission of the authorization request.

(3) The commissioner shall approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the commissioner must find:

(i) The authorized activities are in compliance with the Part 373 standards.

(ii) The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:

('a') to facilitate timely implementation of closure or corrective action activities;

('b') to allow treatment or storage in tanks or containers, or in containment buildings, in accordance with the Land Disposal Restrictions contained in 40 CFR Part 268 and Part 376 of this Title;

('c') to prevent disruption of ongoing waste management activities;

('d') to enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under the facility permit; or

('e') to facilitate other changes to protect human health and the environment.

(4) A temporary authorization may be reissued for one additional term of up to 180 days provided that the permittee has requested major permit modification for the activity covered in the temporary authorization, and the commissioner determines that the reissued temporary authorization involving a major permit modification request is warranted to allow the authorized activities to continue while the modification procedures are conducted.

(g) Newly regulated wastes and units.

(1) The permittee is authorized to continue to manage wastes listed or identified as hazardous under 6 NYCRR Part 371, or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if:

(i) The unit was in existence as a hazardous waste facility with respect to the newly listed or characterized waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit;

(ii) The permittee submits a minor modification request on or before the date on which the waste or unit becomes subject to the new requirements;

(iii) The permittee is in compliance with the standards of Subparts 373-1 and 373-3 (Interim Status standards) and Subpart 374-1 of this Title;

(iv) The permittee also submits a complete major permit modification request within 180 days of the effective date of the rule listing or identifying the waste, or subjecting the unit to Article 27, Title 9 of the ECL, and 6 NYCRR Part 370 et seq. management standards; and

(v) In the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable requirements of Subpart 373-3 of this Title for ground-water monitoring and financial responsibility on the date 12 months after the effective date of the rule identifying or listing the waste as hazardous, or regulating the unit as a hazardous waste management unit. If the owner or operator fails to certify compliance with all these requirements, he or she shall lose authority to operate under this section.

(h) Military hazardous waste munitions treatment and disposal. The permittee is authorized to continue to accept waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if:

(1) The facility was in existence as a hazardous waste facility, and the facility was already permitted to handle the waste military munitions, on the date when the waste military munitions became subject to hazardous waste regulatory requirements;

(2) On or before the date when the waste military munitions become subject to hazardous waste regulatory requirements, the permittee submits a minor modification request to remove or amend the permit provision restricting the receipt of off-site waste munitions; and

(3) The permittee submits a complete major modification request within 180 days of the date when the waste military munitions became subject to hazardous waste regulatory requirements.

(i) Permit modification list. The commissioner must maintain a list of all approved permit modifications and must publish a notice once a year in the Environmental Notice Bulletin that an updated list is available for review.

(j) Combustion facility changes to meet part 63 MACT standards. The following procedures apply to hazardous waste combustion facility permit modifications requested under subparagraph 373-1.7(c)(12)(iii) of this Subpart.

(1) Facility owners or operators must comply with the Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1211, as incorporated by reference in subdivision 370.1(e) of this Title, before a permit modification can be requested under this Subpart.

§373-1.8 - Expiration and Continuation of Permits

(a) Duration of permits.

(1) Hazardous waste facility permits for land disposal facilities and incinerators shall be effective for a fixed term not to exceed five years. Hazardous waste facility permits for all other units shall be effective for a fixed term not to exceed ten years.

(2) The term of a permit shall not be extended by modification beyond the maximum duration specified in this section.

(3) The commissioner may issue any permit for a duration that is less than the full allowable term under this section.

(b) Renewal applications. Complete applications for permit renewal must be submitted at least 180 days before the expiration date of the existing permit. Renewal applications with a significant change (as defined in paragraph 373-1.10(a)(1) of this Subpart) are subject to section 373-1.10 of this Subpart.