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Subpart 373-1: Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements - Page 3

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

[Effective September 5, 2006]

[page 3 of 3]

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

Contents:

Sec.

§373-1.9 - Special Forms of Permits

(a) Hazardous waste incinerator permits.

(1) For the purposes of determining operational readiness following completion of physical construction the commissioner must establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The commissioner may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to subdivision 373-1.7(c) of this Subpart (minor modifications of permit).

(i) Applicants must submit a statement with the permit application which suggests the conditions necessary to operate in compliance with the performance standards of subdivision 373-2.15(d) of this Part during this period. This statement must include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in subdivision 373-2.15(f).

(ii) The commissioner will review this statement and any other relevant information submitted with the permit application and specify requirements for this period sufficient to meet the performance standards of subdivision 373-2.15(d).

(2) For the purposes of determining feasibility of compliance with the performance standards of subdivision 373-2.15(d) of this Part and of determining adequate operating conditions under subdivision 373-2.15(f), the commissioner must establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.

(i) Applicants must propose a trial burn, prepared under subparagraph (ii) of this paragraph with the permit application.

(ii) The trial burn plan must include the following information:

('a') an analysis of each waste or mixture of wastes to be burned, that includes:

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

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

('3') an identification of any hazardous organic constituent 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 the 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; and

('4') 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, or their equivalent;

('b') a detailed engineering description of the incinerator for which the permit is sought including:

('1') manufacturer's name and model number of the incinerator (if available);

('2') type of incinerator;

('3') linear dimensions of the incinerator unit including the cross sectional area of the combustion chamber;

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

('5') capacity of prime mover;

('6') description of automatic waste feed cut-off system;

('7') stack gas monitoring and pollution control equipment;

('8') nozzle and burner design;

('9') construction materials;

('10') location and description of temperature, pressure and flow indicating and control devices; and

('11') flow sheets;

('c') a detailed description of sampling and monitoring procedures, including sampling and monitoring location in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis;

('d') a detailed test schedule for each waste for which the trial burn is planned including date(s), duration, quantity of waste to be burned, and other factors relevant to the commissioner's decision under subparagraph (v) of this paragraph;

('e') a detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator;

('f') a description of, and planned operating conditions for, any emission control equipment which will be used;

('g') procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction;

('h') other information the commissioner finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in subparagraph (v) of this paragraph.

(iii) The commissioner, in reviewing the trial burn plan, will evaluate the sufficiency of the information provided and may require the applicant supplement this information, if necessary, to achieve the purpose of this paragraph.

(iv) Based on the waste analysis data in the trial burn plan, the commissioner will specify as trial principal organic hazardous constituents (POHC's), those constituents for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHC's will be specified by the commissioner based on his or her estimate of the difficulty of incineration of the constituents in the waste analysis, their concentration or mass in the waste feed, and for waste listed in section 371.4 of this Title, the hazardous waste organic constituent(s) identified in Appendix 22 of this Title as the basis for listing.

(v) The commissioner shall approve a trial burn plan if the commissioner finds that:

('a') the trial burn is likely to determine whether the incinerator performance standards required by subdivision 373-2.15(d) of this Part can be met;

('b') the trial burn itself will not present an imminent hazard to human health or the environment;

('c') the trial burn will help the commissioner to determine operating requirements to be specified under subdivision 373-2.15(f) of this Part;

('d') the information sought in clauses ('a') and ('b') of this subparagraph cannot reasonably be developed through other means.

(vi) The commissioner must send a notice to all persons on the facility mailing list as set forth in section 621.7 of this Title and to the appropriate units of local government as set forth in section 621.7 of this Title announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the commissioner has issued such notice.

('a') This notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency.

('b') This notice must contain:

('1') The name and telephone number of the applicant's contact person;

('2') The name and telephone number of the permitting agency's contact office;

('3') The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

('4') An expected time period for commencement and completion of the trial burn.

(vii) During each approved trial burn (or as soon after the burn as practicable), the applicant must make the following determinations:

('a') a quantitative analysis of the trial POHC's in the waste feed to the incinerator;

('b') a quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHC's, oxygen and hydrogen chloride (HCL);

('c') a quantitative analysis of the scrubber waste (if any), ash residues and other residues, for the purpose of estimating the fate of the trial POHC's;

('d') a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in paragraph 373-2.15(d)(1) of this Part;

('e') if the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency in accordance with paragraph 373-2.15(d)(2) of this Part;

('f') a computation of particulate emissions, in accordance with paragraph 373-2.15(d)(3) of this Part;

('g') an identification of sources of fugitive emissions and their means of control;

('h') a measurement of average, maximum, and minimum temperatures and combustion gas velocity;

('i') a continuous measurement of carbon monoxide (CO) in the exhaust gas; and

('j') other information as the commissioner may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in subdivision 373-2.15(d) of this Part and to establish the operating conditions required by subdivision 373-2.15(f) as necessary to meet that performance standard.

(viii) The applicant must submit a certification to the commissioner that the trial burn has been conducted in accordance with the approved trial burn plan, and must submit the results of all the determinations required in subparagraph (vi) of this paragraph. This submission must be made within 90 days of completion of the trial burn, or later if approved by the commissioner.

(ix) All data collected during any trial burn must be submitted to the commissioner following the completion of the trial burn.

(x) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application of a report under paragraph 373-1.4(a)(5) of this Subpart.

(xi) Based on the results of the trial burn, the commissioner shall set the operating requirements in the final permit according to subdivision 373-2.15(f) of this Part. The permit modification shall proceed as a minor modification accordance to subdivision 373-1.7(c) of this Subpart.

(3) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the commissioner may establish permit conditions, including, but not limited to, allowable waste feeds and operating conditions sufficient to meet the requirements of subdivision 373-2.15(f) of this Part, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the commissioner.

(i) Applicants must submit a statement and any other relevant information submitted with the permit application and specify those requirements for this period most likely to meet the performance standards of subdivision 373-2.15(d) of this Part.

(ii) The commissioner will review this statement and any other relevant information submitted with the permit application and specify those requirements for this period most likely to meet the performance standards of subdivision 373-2.15(d) of this Part.

(4) For the purpose of determining feasibility of compliance with the performance standards of subdivision 373-2.15(d) of this Part, and of determining adequate operating conditions under subdivision 373-2.15(f), the applicant for a permit for an existing hazardous waste incinerator must prepare and submit a trial burn plan and perform a trial burn in accordance with paragraph 373-1.5(f)(2) and subparagraphs (2)(ii) through (2)(v) and (2)(vii) through (2)(x) of this subdivision or, instead, submit other information as specified in paragraph 373-1.5(f)(3) of this Part. The commissioner must announce an intention to approve the trial burn plan in accordance with the timing and distribution requirements of subparagraph (2)(vi) of this subdivision. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time period during which the trial burn would be conducted. Applicants submitting information under paragraph 373-1.5(f)(1) are exempt from compliance with subdivision 373-2.15(d) and 373-2.15(f) and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application must complete the trial burn and submit the results, specified in subparagraph (2)(vii) of this subdivision, with the permit application. If completion of this process conflicts with the date set for submission of the permit application, the applicant must contact the commissioner to establish a later date for submission of the application or the trial burn results. Trial burn results must be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with the permit application, the commissioner will specify a time period prior to permit issuance in which the trial burn must be conducted and the results submitted.

(b) Permits for land treatment demonstrations using field test or laboratory analyses.

(1) To allow an owner or operator to meet the treatment demonstration requirements of subdivision 373-2.13(c) of this Part, the commissioner may issue a treatment demonstration permit. The permit must contain only those requirements necessary to meet the standards in paragraph 373-2.13(c)(3). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction operation and maintenance of the land treatment unit.

(i) The commissioner may issue a two-phase facility permit if the commissioner finds that, based on information submitted in the application although incomplete or inconclusive, substantial information already exists upon which to base the issuance of a facility permit.

(ii) If the commissioner finds that not enough information exists upon which the commissioner can establish permit conditions to attempt to provide for compliance with all of the requirements of section 373-2.13 of this Part, a treatment demonstration permit must be issued covering only the field test or laboratory analyses.

(2) If the commissioner finds that a phased permit may be issued, the first phase of the facility permit must contain conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration clean-up activities, and any other conditions the commissioner finds necessary under section 373-2.13 requirements pertaining to unit design, construction, operation and maintenance. The commissioner will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the permit application.

(3) When the owner or operator of a facility with a two-phase permit has completed the treatment demonstration, the owner or operator must submit to the commissioner a certification, signed by a person authorized to sign a permit application or report under paragraph 373-1.4(a)(5) of this Subpart, the field tests or laboratory analyses have been carried out in accordance with the conditions specified permit for conducting such tests or analyses. The owner or operator must also submit all data collection during the field tests or laboratory analyses within 90 days of completion of those tests or analyses, unless the commissioner approves a later date.

(4) If the commissioner determines that the results of the field tests or laboratory analyses meet the requirements of subdivision 373-2.13(c) of this Part, the second phase of the permit will be modified to incorporate any requirements necessary for operation of the facility in compliance with section 373-2.13, based upon the results of the field tests or laboratory analyses.

(i) This permit modification may proceed as a minor modification under subdivision 373-1.7(c) of this Subpart, provided any such change is minor, or otherwise must proceed as a modification under section 373-1.7.

(ii) If no modifications of the second phase of the permit are necessary, or if only minor modifications are necessary and have been made, the commissioner will give notice of his or her final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision of the second phase of the permit.

(iii) If modifications under subdivision 373-1.7(b) of this Subpart are necessary, the second phase of the permit shall become effective only after those modifications have been made.

(c) Research, development, and demonstration permits.

(1) The commissioner may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under Part 373 or 374. This permit must include terms and conditions to assure protection of human health and the environment. The permits:

(i) must provide for the construction of facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in paragraph (4) of this subdivision;

(ii) must provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the commissioner deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment; and

(iii) must include such requirements as the commissioner deems necessary to protect human health and the environment (including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure, and remedial action), and such requirements as the commissioner deems necessary regarding testing and providing of information to the commissioner with respect to the operation of the facility.

(2) For the purpose of expediting review and issuance of permits under this section, the commissioner may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements in Subpart 373-1 and Parts 621 and 624 of this Title except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures regarding public participation.

(3) The commissioner may order an immediate termination of all operations at the facility at any time the commissioner determines that termination is necessary to protect human health and the environment, provided that nothing in this Part shall preclude or affect the commissioner's authority to issue summary abatement orders under section 71-0301 of the Environmental Conservation Law, or to take emergency actions summarily suspending a permit under subdivision (3) of section 401 of the State Administrative Procedure Act.

(4) Permits issued under this subdivision may be renewed not more than three times. Each renewal period will not exceed one year.

(d) Permits for boilers and industrial furnaces burning hazardous waste.

(1) General. Owners and operators of new boilers and industrial furnaces (those not operating under the interim status standards of subdivision 374-1.8(d)) are subject to paragraphs (2) through (6) of this subdivision. Boilers and industrial furnaces operating under the interim status standards of subdivision 374-1.8(d) of this Title are subject to paragraph (7) of this subdivision.

(2) Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:

(i) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the commissioner must establish permit conditions for the Pretrial Burn Period, including but not limited to, allowable hazardous waste feed rates and operating conditions. The commissioner may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to section 373-1.7.

('a') Applicants must submit a statement, with the Part 373 permit application, that proposes conditions necessary to operate in compliance with the standards of subdivisions 374-1.8(e) through 374-1.8(h) of this Title during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in paragraph 374-1.8(c)(5) of this Title.

('b') The commissioner will review this statement and any other relevant information submitted with the Part 373 permit application and specify requirements for this period sufficient to meet the performance standards of subdivisions 374-1.8(e) through (h) of this Title based on his/her engineering judgment.

(ii) Trial burn period. For the duration of the trial burn, the commissioner must establish conditions in the permit for the purposes of determining feasibility of compliance with the performance standards of subdivisions 374-1.8(e) through (h) of this Title, and determining adequate operating conditions under 374-1.8(c)(5) of this Title. Applicants must propose a trial burn plan, prepared under paragraph (3) of this subdivision, to be submitted with the Part 373 permit application.

(iii) Post-trial burn period.

('a') For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the commissioner to reflect the trial burn results, the commissioner will establish the operating requirements most likely to ensure compliance with the performance standards of subdivisions 374-1.8(e) through (h) of this Title based on his/her engineering judgment.

('b') Applicants must submit a statement, with the Part 373 application, that identifies the conditions necessary to operate during this period in compliance with the performance standards of subdivisions 374-1.8(e) through (h) of this Title. This statement should include, at a minimum, restrictions on the operating requirements provided by paragraph 374-1.8(c)(5) of this Title.

('c') The commissioner will review this statement and any other relevant information submitted with the Part 373 permit application and specify requirements for this period sufficient to meet the performance standards of subdivisions 374-1.8(e) through (h) of this Title based on his/her engineering judgment.

(iv) Final permit period. For the final period of operation, the commissioner will develop operating requirements in conformance with paragraph 374-1.8(c)(5) of this Title that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of subdivisions 374-1.8(e) through (h) of this Title. Based on the trial burn results, the commissioner shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The permit modification shall proceed according to section 373-1.7.

(3) Requirements for trial burn plans. The trial burn plan must include the following information. The commissioner, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided, and may require the applicant to supplement this information, if necessary, to achieve the purposes of this paragraph:

(i) An analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feed stocks, as fired, that includes:

('a') Heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total chlorine/chloride, and ash;

('b') Viscosity or description of the physical form of the feed stream;

(ii) An analysis of each hazardous waste, as fired, including:

('a') An identification of any hazardous organic constituents listed in Appendix 23 of this Title that are present in the feed stream, except that the applicant need not analyze for constituents listed in Appendix 23 that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis must be identified and the basis for this exclusion explained. The waste analysis must be conducted in accordance with 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.

('b') An approximate quantification of the hazardous constituents identified in the hazardous 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, or their equivalent.

('c') A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios.

(iii) A detailed engineering description of the boiler or industrial furnace, including:

('a') Manufacturer's name and model number of the boiler or industrial furnace;

('b') Type of boiler or industrial furnace;

('c') Maximum design capacity in appropriate units;

('d') Description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks;

('e') Capacity of hazardous waste feed system;

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

('g') Description of any air pollution control system; and

('h') Description of stack gas monitoring and any pollution control monitoring systems.

(iv) A detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.

(v) A detailed test schedule for each hazardous waste for which the trial burn is planned, including date(s), duration, quantity of hazardous waste to be burned, and other factors relevant to the commissioner's decision under subparagraph (2)(ii) of this subdivision.

(vi) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant parameters that may affect the ability of the boiler or industrial furnace to meet the performance standards in subdivisions 374-1.8(e) through (h) of this Title.

(vii) A description of, and planned operating conditions for, any emission control equipment that will be used.

(viii) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction.

(ix) Such other information as the commissioner reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this paragraph and the criteria in subparagraph (2)(ii) of this subdivision.

(4) Trial burn procedures.

(i) A trial burn must be conducted to demonstrate conformance with the standards of subdivisions 374-1.8(e) through (h) of this Title under an approved trial burn plan.

(ii) The commissioner shall approve a trial burn plan if he/she finds that:

('a') The trial burn is likely to determine whether the boiler or industrial furnace can meet the performance standards of subdivisions 374-1.8(e) through (h) of this Title;

('b') The trial burn itself will not present an imminent hazard to human health and the environment;

('c') The trial burn will help the commissioner to determine operating requirements to be specified under paragraph 374-1.8(c)(5) of this Title; and

('d') The information sought in the trial burn cannot reasonably be developed through other means.

(iii) The commissioner must send a notice to all persons on the facility mailing list as set forth in section 621.7 of this Title and to the appropriate units of local government as set forth in section 621.7 of this Title announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the commissioner has issued such notice.

('a') This notice must be mailed within a reasonable time period before the trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the permitting agency.

('b') This notice must contain:

('1') The name and telephone number of applicant's contact person;

('2') The name and telephone number of the permitting agency contact office;

('3') The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and

('4') An expected time period for commencement and completion of the trial burn.

(iv) The applicant must submit to the commissioner a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and must submit the results of all the determinations required in paragraph (3) of this subdivision. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the commissioner.

(v) All data collected during any trial burn must be submitted to the commissioner following completion of the trial burn.

(vi) All submissions required by this paragraph must be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under paragraph 373-1.4(a)(5).

(5) Special procedures for DRE trial burns. When a DRE trial burn is required under paragraph 374-1.8(e)(1) of this Title, the Commissioner will specify (based on the hazardous waste analysis data and other information in the trial burn plan) as trial Principal Organic Hazardous Constituents (POHCs) those compounds for which destruction and removal efficiencies must be calculated during the trial burn. These trial POHCs will be specified by the Commissioner based on information including an estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in section 371.4 of this Title, the hazardous waste organic constituent(s) identified in Appendix 22 as the basis for listing.

(6) Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable), the applicant must make the following determinations:

(i) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels, and industrial furnace feedstocks);

(ii) When a DRE trial burn is required under paragraph 374-1.8(e)(1) of this Title:

('a') A quantitative analysis of the trial POHCs in the hazardous waste feed;

('b') A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs; and

('c') A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in paragraph 374-1.8(e)(1) of this Title;

(iii) When a trial burn for chlorinated dioxins and furans is required under paragraph 374-1.8(e)(5) of this Title, a quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard.

(iv) When a trial burn for particulate matter, metals, or HCl/Cl2 is required under subdivision 374-1.8(f), paragraphs 374-1.8(g)(3) or (4), or 374-1.8(h)(2)(ii) or (h)(3) of this Title, a quantitative analysis of the stack gas for the concentrations and mass emissions of particulate matter, metals, or hydrogen chloride (HCl) and chlorine (Cl2), and computations showing conformance with the applicable emission performance standards;

(v) When a trial burn for DRE, metals, or HCl/Cl2 is required under paragraphs 374-1.8(e)(1), 374-1.8(g)(3) or (4), or 374-1.8(h)(2)(ii) or (h)(3) of this Title, a quantitative analysis of the scrubber water (if any), ash residues, other residues, and products for the purpose of estimating the fate of the trial POHCs, metals, and chlorine/chloride;

(vi) An identification of sources of fugitive emissions and their means of control;

(vii) A continuous measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack gas; and

(viii) Such other information as the Commissioner may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in subdivisions 374-1.8(e) through (h) of this Title and to establish the operating conditions required by paragraph 374-1.8(c)(5) of this Title as necessary to meet those performance standards.

(7) Interim status boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of subdivisions 374-1.8(e) through (h) of this Title and of determining adequate operating conditions under subdivision 374-1.8(d) of this Title, applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards of subdivision 374-1.8(d) must either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this subdivision or submit other information as specified in subparagraph 373-1.5(i)(1)(vi) of this Subpart. The commissioner must announce an intention to approve the trial burn plan in accordance with the timing and distribution requirements of subparagraph (4)(iii) of this subdivision. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time periods during which the trial burn would be conducted. Applicants who submit a trial burn plan and receive approval before submission of the Part 373 permit application must complete the trial burn and submit the results specified in paragraph (6) of this subdivision with the Part 373 permit application. If completion of this process conflicts with the date set for submission of the Part 373 application, the applicant must contact the Commissioner to establish a later date for submission of the Part 373 application or the trial burn results. If the applicant submits a trial burn plan with the Part 373 permit application, the trial burn must be conducted and the results submitted within a time period prior to permit issuance to be specified by the Commissioner.

(e) Remedial Action Plans (RAPs). Remedial Action Plans (RAPs) are special forms of permits that are regulated under section 373-1.11 of this Subpart.

§373-1.10 - Expanded Public Participation

(a) Pre-application public meeting and notice.

(1) Applicability. The requirements of this section shall apply to all Part 373 permit applications seeking initial permits for hazardous waste management units. The requirements of this subdivision shall also apply to Part 373 permit applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a major permit modification under subdivision 373-1.7(d) or would substantially alter the facility or its operation. The requirements of this subdivision do not apply to permit modifications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility, or to applications that are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(2) Definitions:

(i) "Facility mailing list" means the mailing list for a facility maintained by the Department in accordance with section 621.7(i)(6) of this Title.

(3) Prior to the submission of a Part 373 permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.

(4) The applicant shall submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (3) of this subdivision, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the Part 373 application, in accordance with paragraph 373-1.5(a)(2).

(5) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain and provide to the Department upon request, documentation of the notice.

(i) The applicant shall provide public notice in all of the following forms:

('a') A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subparagraph (5)(ii) below, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the commissioner shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the commissioner determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.

('b') A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subparagraph (5)(ii) below. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.

('c') A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subparagraph (5)(ii) below, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the commissioner. ('d') A notice to the permitting agency. The applicant shall send a copy of the newspaper notice to the Department and to the appropriate units of local government, in accordance with section 621.7 of this Title.

(ii) The notices required under subparagraph (5)(i) of this subdivision must include:

('a') The date, time, and location of the meeting;

('b') A brief description of the purpose of the meeting;

('c') A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;

('d') A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and ('e') The name, address, and telephone number of a contact person for the applicant.

(b) Public notice requirements at the application stage.

(1) Applicability. The requirements of this section shall apply to all Part 373 permit applications seeking initial permits for hazardous waste management units. The requirements of this subdivision shall also apply to Part 373 permit applications seeking renewal of permits for such units under section 373-1.8 of this Subpart. The requirements of this subdivision do not apply to permit modifications under section 373-1.7 of this Subpart or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.

(2) Notification at application submittal.

(i) The commissioner shall provide public notice as set forth in 621.7 of this Title, and notice to appropriate units of local government as set forth in 621.7 of this Title, that a Part 373 permit application has been submitted to the Department and is available for review.

(ii) The notice shall be published within a reasonable period of time after the application is received by the Commissioner. The notice must include:

('a') The name and telephone number of the applicant's contact person; ('b') The name and telephone number of the permitting agency's contact office, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;

('c') An address to which people can write in order to be put on the facility mailing list;

('d') The location where copies of the permit application and any supporting documents can be viewed and copied;

('e') A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and

('f') The date that the application was submitted. (3) Concurrent with the notice required under paragraph 373-1.10(b)(2) of this section, the commissioner must place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department's office.

(c) Information repository.

(1) Applicability. The requirements of this section apply to all applications seeking Part 373 permits for hazardous waste management units.

(2) The commissioner may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the commissioner shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the commissioner determines, at any time after submittal of a permit application, that there is a need for a repository, then the commissioner shall notify the facility that it must establish and maintain an information repository. (See paragraph 373-1.6(a)(13) of this Subpart for similar provisions relating to the information repository during the life of a permit).

(3) The information repository shall contain all documents, reports, data, and information deemed necessary by the commissioner to fulfill the purposes for which the repository is established. The commissioner shall have the discretion to limit the contents of the repository.

(4) The information repository shall be located and maintained at a site chosen by the facility. If the commissioner finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the commissioner shall specify a more appropriate site.

(5) The commissioner shall specify requirements for informing the public about the information repository. At a minimum, the commissioner shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.

(6) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the commissioner. The commissioner may close the repository at his or her discretion, based on the factors in paragraph (2) of this subdivision.

§373-1.11 - Remedial Action Plans (RAPs)

(a) Why is this section written in a special format?

This section is written in a special format to make it easier to understand the regulatory requirements. Like other State regulations, this establishes enforceable legal requirements. For this section, "I" and "you" refer to the owner/operator.

(b) General Information

(1) What is a RAP?

(i) A RAP is a special form of a Part 373 permit that you, as an owner or operator, may obtain, instead of a permit issued under Subpart 373-1 except sections 373-1.3 and 373-1.11, to authorize you to treat, store, or dispose of hazardous remediation waste (as defined in subdivision 370.2(b) of this Title) at a remediation waste management site. A RAP may only be issued for the area of contamination where the remediation wastes to be managed under the RAP originated, or areas in close proximity to the contaminated area, except as allowed in limited circumstances under paragraph (g)(1) of this section.

(ii) The requirements in Subpart 373-1 except sections 373-1.3 and 373-1.11 do not apply to RAPs unless those requirements for traditional Part 373 permits are specifically required under subdivisions (b) through (g) of this section. The definitions in section 370.2 of this Title apply to RAPs.

(iii) Notwithstanding any other provision of this Subpart, any document that meets the requirements in this paragraph constitutes a treatment, storage or disposal facility permit under Section 27-0913 of the Environmental Conservation Law.

(iv) A RAP may be:

('a') A stand-alone document that includes only the information and conditions required by this section; or

('b') Part (or parts) of another document that includes information and/or conditions for other activities at the remediation waste management site, in addition to the information and conditions required by this section.

(v) If you are treating, storing, or disposing of hazardous remediation wastes as part of a cleanup compelled by Federal or State cleanup authorities, your RAP does not affect your obligations under those authorities in any way.

(vi) If you receive a RAP at a facility operating under interim status, the RAP does not terminate your interim status.

(2) When do I need a RAP?

(i) Whenever you treat, store, or dispose of hazardous remediation wastes in a manner that requires a Part 373 permit under section 373-1.1 of this Subpart, you must either obtain:

('a') A State permit according to Subpart 373-1 except sections 373-1.3 and 373-1.11; or

('b') A RAP according to this section.

(ii) Treatment units that use combustion of hazardous remediation wastes at a remediation waste management site are not eligible for RAPs under this section.

(iii) You may obtain a RAP for managing hazardous remediation waste at an already permitted Part 373 facility. You must have these RAPs approved as a modification to your existing permit according to the requirements of section 373-1.7 of this Subpart instead of the requirements in this section. When you submit an application for such a modification, however, the information requirements in sections 373-1.5 and 373-1.9 do not apply; instead, you must submit the information required under paragraph 373-1.11(c)(4) of this section. When your permit is modified, the RAP becomes part of the State permit.

(iv) Every application for modifications to a permit will be processed pursuant to Part 621 of this Title. When your permit (including the RAP portion) is renewed, modified, revoked or suspended or when it expires, the entire permit will be processed according to the applicable requirements in Part 621 of this Title. At that time, the applicable requirements of 373-1.11(e) will also apply to the RAP portion of the permit.

(3) Does my RAP grant me any rights or relieve me of any obligations?

Compliance with a RAP issued pursuant to this section during its term constitutes compliance, for purposes of enforcement, except as described in subdivision 373-1.6(e) of this Subpart.

(c) Applying for a RAP.

(1) How do I apply for a RAP?

To apply for a RAP, you must complete an application, sign it, and submit it to the Regional Permit Administrator according to the requirements in this section.

(2) Who must obtain a RAP?

When a facility or remediation waste management site is owned by one person, but the treatment, storage or disposal activities are operated by another person, it is the operator's duty to obtain a RAP, except that the owner must also sign the RAP application.

(3) Who must sign the application and any required reports for a RAP?

Both the owner and the operator must sign the RAP application and any required reports according to paragraph 373-1.4(a)(5) of this Subpart. In the application, both the owner and the operator must also make the certification required under clause 373-1.4(a)(5)(iv)('a') of this Subpart. However, the owner may choose the alternative certification under clause 373-1.4(a)(5)(iv)('b') if the operator certifies under clause 373-1.4(a)(5)(iv)('a').

(4) What must I include in my application for a RAP?

You must include the following information in your application for a RAP:

(i) The name, address, and EPA identification number of the remediation waste management site;

(ii) The name, address, and telephone number of the owner and operator;

(iii) The latitude and longitude of the site;

(iv) The United States Geological Survey (USGS) or county map showing the location of the remediation waste management site;

(v) A scaled drawing of the remediation waste management site showing:

('a') The remediation waste management site boundaries;

('b') Any significant physical structures; and

('c') The boundary of all areas on-site where remediation waste is to be treated, stored or disposed;

(vi) A specification of the hazardous remediation waste to be treated, stored or disposed of at the facility or remediation waste management site. This must include information on:

('a') Constituent concentrations and other properties of the hazardous remediation wastes that may affect how such materials should be treated and/or otherwise managed;

('b') An estimate of the quantity of these wastes; and

('c') A description of the processes you will use to treat, store, or dispose of this waste including technologies, handling systems, design and operating parameters you will use to treat hazardous remediation wastes before disposing of them according to the LDR standards of Part 376 of this Title, as applicable;

(vii) Enough information to demonstrate that operations that follow the provisions in your RAP application will ensure compliance with applicable requirements of Subparts 373-2, 374-1, and Part 376 of this Title;

(viii) Such information as may be necessary to enable the Department to carry out the Department's duties under other State laws as is required for traditional Part 373 permits under Part 621 of this Title;

(ix) Any other information the Department decides is necessary for demonstrating compliance with this Subpart or for determining any additional RAP conditions that are necessary to protect human health and the environment.

(5) What if I want to keep this information confidential?

Section 616.7 of this Title allows you to claim as confidential any or all of the information you submit to the Department under this section. You must assert any such claim at the time that you submit your RAP application or other submissions by stamping the words "confidential business information" on each page containing such information. If you do assert a claim at the time you submit the information, the Department will treat the information according to the procedures in Part 616 of this Title. If you do not assert a claim at the time you submit the information, the Department may make the information available to the public without further notice to you. The Department will deny any requests for confidentiality of your name and/or address.

(6) To whom must I submit my RAP application?

You must submit your application for a RAP to the Regional Permit Administrator for approval.

(7) If I submit my RAP application as part of another document, what must I do?

If you submit your application for a RAP as a part of another document, you must clearly identify the components of that document that constitute your RAP application.

(d) Getting a RAP Approved.

(1) What is the process for approving or denying my application for a RAP?

(i) If the Department tentatively finds that your RAP application includes all of the information required by paragraph 373-1.11(c)(4) and that your proposed remediation waste management activities meet the regulatory standards, the Department will make a tentative decision to approve your RAP application. The Department will then prepare a draft RAP and provide an opportunity for public comment before making a final decision on your RAP application, according to this section.

(ii) If the Department tentatively finds that your RAP application does not include all of the information required by paragraph 373-1.11(c)(4) or that your proposed remediation waste management activities do not meet the regulatory standards, the Department may request additional information from you or ask you to correct deficiencies in your application. If you fail or refuse to provide any additional information the Department requests, or to correct any deficiencies in your RAP application, the Department may make a tentative decision to deny your RAP application. After making this tentative decision, the Department will prepare a notice of intent to deny your RAP application ("notice of intent to deny") and provide an opportunity for public comment before making a final decision on your RAP application, according to the requirements in this section. The Department may deny the RAP application either in its entirety or in part.

(iii) The processes outlined in this subdivision are consistent with and are to be read in conjunction with Part 621 of this Title.

(2) What must the Department include in a draft RAP?

If the Department prepares a draft RAP, it must include the:

(i) Information required in subparagraph 373-1.11(c)(4)(i) through (vi);

(ii) The following terms and conditions:

('a') Terms and conditions necessary to ensure that the operating requirements specified in your RAP comply with applicable requirements of Subparts 373-2, 374-1, and Part 376 of this Title (including any recordkeeping and reporting requirements). In satisfying this provision, the Department may incorporate, expressly or by reference, applicable requirements of Subparts 373-2, 374-1, and Part 376 of this Title into the RAP or establish site-specific conditions as required or allowed by Subparts 373-2, 374-1, and Part 376 of this Title;

('b') Terms and conditions in subdivision 373-1.6(a);

('c') Terms and conditions for modifying, revoking, suspending, and renewing your RAP, as provided in paragraph 373-1.11(e)(1); and

('d') Any additional terms or conditions that the Department determines are necessary to protect human health and the environment, including any terms and conditions necessary to respond to spills and leaks during use of any units permitted under the RAP; and

(iii) If the draft RAP is part of another document, as described in clause 373-1.11(b)(1)(iv)('b'), the Department must clearly identify the components of that document that constitute the draft RAP.

(3) What else must the Department prepare in addition to the draft RAP or notice of intent to deny?

Once the Department has prepared the draft RAP or notice of intent to deny, the Department must then:

(i) Prepare a statement of basis that briefly describes the derivation of the conditions of the draft RAP and the reasons for them, or the rationale for the notice of intent to deny;

(ii) Compile an administrative record, including:

('a') The RAP application, and any supporting data furnished by the applicant;

('b') The draft RAP or notice of intent to deny;

('c') The statement of basis and all documents cited therein (material readily available at the issuing office or published material that is generally available need not be physically included with the rest of the record, as long as it is specifically referred to in the statement of basis); and

('d') Any other documents that support the decision to approve or deny the RAP; and

(iii) Make information contained in the administrative record available for review by the public upon request.

(4) What are the procedures for public comment on the draft RAP or notice of intent to deny?

(i) Consistent with the requirements of Part 621 of this Title, the following must be done:

('a') The Department must send notice to you of the Department's intention to approve or deny your RAP application, and send you a copy of the statement of basis;

('b') You must publish a notice of the Department's intention to approve or deny your RAP application in a major local newspaper of general circulation;

('c') You must broadcast the Department's intention to approve or deny your RAP application over a local radio station; and

('d') The Department shall send a notice of the Department's intention to approve or deny your RAP application to each unit of local government having jurisdiction over the area in which your site is located, and to each State agency having any authority under State law with respect to any construction or operations at the site and to individuals who have requested to be notified of completeness for your application or for all RAPS. The Department shall also publish notice of complete application in the Environmental Notice Bulletin, pursuant to Part 621 of this Title.

('e') The Department may provide or require you to provide other reasonable public notice of complete application and opportunity for public comment, pursuant to Part 621 of this Title.

(ii) The notice required by subparagraph 373-1.11(d)(4)(i) of this subdivision must provide at least 45 days from the date of publication for the submittal of written public comment to the Department.

(iii) The notice required by subparagraph 373-1.11(d)(4)(i) of this subdivision must include:

('a') The name and address of the office processing the RAP application;

('b') The name and address of the RAP applicant, and if different, the remediation waste management site or activity the RAP will regulate;

('c') A brief description of the activity the RAP will regulate;

('d') The name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft RAP or notice of intent to deny, statement of basis, and the RAP application;

('e') A brief description of the comment procedures in this subdivision, and any other procedures by which the public may participate in the RAP decision;

('f') If a legislative hearing is scheduled, the date, time, location and purpose of the legislative hearing;

('g') If a legislative hearing is not scheduled, a statement of procedures to request a legislative hearing;

('h') The location of the administrative record, and times when it will be open for public inspection; and

('i') Any additional information the Department considers necessary or proper.

(iv) If, within the comment period, the Department receives written notice of opposition to the Department's intention to approve or deny your RAP application and a request for a hearing, the Department must in accordance with Part 621 of this Title, hold a legislative hearing in accordance with the process as set forth in Part 624 of this Title to receive unsworn statements relating to the approval or denial of your RAP application. The Department may also determine on the Department's own initiative that a legislative hearing is appropriate. The legislative hearing must include an opportunity for any person to present written or oral comments. Whenever possible, the Department must schedule this legislative hearing at a location convenient to the nearest population center to the remediation waste management site and give notice according to the requirements in subparagraph 373-1.11(d)(4)(i) of this subdivision. This notice must, at a minimum, include the information required by subparagraph 373-1.11(d)(4)(iii) of this subdivision and:

('a') Reference to the date of any previous public notices relating to the RAP application;

('b') The date, time and place of the hearing; and

('c') A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(v) The determination to hold an adjudicatory public hearing will be made pursuant to Part 621 of this Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph 373-1.11(d)(4)(i) of this subdivision. This notice must, at a minimum, include the information required by subparagraph 373-1.11(d)(4)(iii) of this subdivision.

(5) How will the Department make a final decision on my RAP application?

(i) The Department must consider and respond to any significant comments raised during the public comment period, or during any hearing on the draft RAP or notice of intent to deny, and revise your draft RAP based on those comments, as appropriate.

(ii) If the Department determines that your RAP includes the information and terms and conditions required in paragraph 373-1.11(d)(2), then the Department will issue a final decision approving your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been approved.

(iii) If the Department determines that your RAP does not include the information required in paragraph 373-1.11(d)(2) of this subdivision, then the Department will issue a final decision denying your RAP and, in writing, notify you and all commenters on your draft RAP that your RAP application has been denied.

(iv) If the Department's final decision is that the tentative decision to deny the RAP application was incorrect, the Department will withdraw the notice of intent to deny and proceed to prepare a draft RAP, according to the requirements in this section.

(v) When the Department issues its final RAP decision, it shall include notice of opportunity and procedures for requesting an adjudicatory hearing pursuant to Part 621 of this Title if an adjudicatory hearing has not been held. If an adjudicatory hearing is held, public notice for an adjudicatory hearing must be given according to the requirements in subparagraph 373-1.11(d)(4)(i) of this subdivision. This notice must, at a minimum, include the information required by subparagraph 373-1.11(d)(4)(iii) of this subdivision. The final decision on the RAP application will be made pursuant to and using the procedures of Part 624 of this Title.

(vi) Before issuing the final RAP decision, the Department must compile an administrative record. Material readily available at the issuing office or published materials which are generally available and which are included in the administrative record need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the response to comments. The administrative record for the final RAP must include information in the administrative record for the draft RAP (see subparagraph 373-1.11(d)(3)(ii)) and:

('a') All comments received during the public comment period;

('b') Tapes or transcripts of any hearings;

('c') Any written materials submitted at these hearings;

('d') The responses to comments;

('e') Any new material placed in the record since the draft RAP was issued;

('f') Any other documents supporting the RAP; and

('g') A copy of the final RAP.

(vii) The Department must make information contained in the administrative record available for review by the public upon request.

(6) May the decision to approve or deny my RAP application be administratively appealed?

(i) If an adjudicatory hearing has been held, the decision on your RAP application is final. If an adjudicatory hearing has not been held, you can request an adjudicatory hearing after the Department's decision to approve or deny your RAP application, pursuant to Part 621 of this Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph 373-1.11(d)(4)(i) of this subdivision. This notice must, at a minimum, include the information required by subparagraph 373-1.11(d)(4)(iii) of this subdivision. The process for adjudicatory hearings for RAPs is set forth in Part 624 of this Title.

(ii) Once the decision on your RAP application is final, you or an interested party could seek judicial review of the Department's actions, pursuant to Article 78 of "Civil Practice Law and Rules" (CPLR) .

(7) When does my RAP become effective?

Your RAP becomes effective 30 days after the Department notifies you and all commenters that your RAP is approved unless the Department specifies a later effective date in the decision.

(8) When may I begin physical construction of new units permitted under the RAP?

You must not begin physical construction of new units permitted under the RAP for treating, storing or disposing of hazardous remediation waste before receiving a finally effective RAP.

(e) How May my RAP be Renewed, Modified, Revoked, or Suspended?

(1) After my RAP is issued, how may it be renewed, modified, revoked or suspended?

(i) The procedures for renewing, modifying, revoking, or suspending a RAP are set forth in Part 621 of this Title.

(ii) Any interested party may request that the Remedial Action Plan permit be modified, revoked, or suspended at any time at the request of the interested party, including the applicant, or upon the initiative of the Department, on any of the grounds set forth in Part 621 of this Title.

(iii) In addition to subparagraph (ii) of this paragraph, the Department may modify your final RAP if one or more of the following exist:

('a') You made material and substantial alterations or additions to the activity that justify applying different conditions;

('b') The Department finds new information that was not available at the time of RAP issuance and would have justified applying different RAP conditions at the time of issuance;

('c') The standards or regulations on which the RAP was based have changed because of new or amended statutes, standards or regulations, or by judicial decision after the RAP was issued;

('d') If your RAP includes any schedules of compliance, the Department may find reasons to modify your compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which you as owner/operator have little or no control and for which there is no reasonably available remedy;

('e') You are not in compliance with the conditions of your RAP;

('f') You failed in the application or during the RAP issuance process to disclose fully all relevant facts, or you misrepresented any relevant facts at the time;

('g') The Department has determined that the activity authorized by your RAP endangers human health or the environment and can only be remedied by modifying; or

('h') You have notified the Department (as required in the RAP under paragraph 373-1.7(a)(1) of this Subpart) of a proposed transfer of a RAP.

(iv) In addition to subparagraph (ii) of this paragraph, the Department may revoke or suspend your final RAP if one or more of the reasons listed in clauses (iii)('e') through ('h') of this paragraph exist.

(v) Notwithstanding any other provision in this paragraph, when the Department reviews a RAP for a land disposal facility under paragraph 373-1.11(e)(3) of this section, the Department may modify the permit as necessary to assure that the facility continues to comply with the currently applicable requirements in Parts 370 through 374, 376 and 621 of this Title.

(vi) The Department will not reevaluate the suitability of the facility location at the time of RAP modification unless new information or standards indicate that a threat to human health or the environment exists that was unknown when the RAP was issued.

(vii) If you wish to renew your existing RAP, you must submit a complete application for permit renewal at least 180 days before the expiration date of the existing RAP as required by Part 621 of this Title.

(2) May the decision to approve or deny a modification, revocation, suspension, or renewal of my RAP be administratively appealed?

(i) Paragraph 373-1.11(d)(6) of this section applies to modification, revocation, suspension, or renewal of your RAP. The process to request an adjudicatory hearing is provided in Part 621 of this Title. Public notice for an adjudicatory hearing must be given according to the requirements in subparagraph 373-1.11(d)(4)(i) of this section. This notice must, at a minimum, include the information required by subparagraph 373-1.11(d)(4)(iii) of this section. The process for adjudicatory hearings for RAPs is set forth in Part 624 of this Title.

(ii) Once the decision on your RAP application is final, you or an interested party could seek judicial review of the Department's actions, pursuant to Article 78 of "Civil Practice Law and Rules" (CPLR).

(3) When will my RAP expire?

RAPs must be issued for a fixed term, not to exceed 10 years, although they may be renewed upon approval by the Department in fixed increments of no more than ten years. In addition, the Department must review any RAP for hazardous waste land disposal five years after the date of issuance or reissuance and you or the Department must follow the requirements for modifying your RAP as necessary to assure that you continue to comply with currently applicable requirements in RCRA sections 3004 and 3005.

(4) What happens if I have applied correctly for a RAP renewal and met timely submittal requirements but have not received approval by the time my old RAP expires?

If you have submitted a timely and complete application for a RAP renewal pursuant to Part 621 of this Title, but the Department, through no fault of yours, has not issued a new RAP with an effective date on or before the expiration date of your previous RAP, your previous RAP conditions continue in force until the effective date of your new RAP or RAP denial.

(f) Operating Under Your RAP.

(1) What records must I maintain concerning my RAP?

You are required to keep records of:

(i) All data used to complete RAP applications and any supplemental information that you submit for a period of at least 3 years from the date the application is signed; and

(ii) Any operating and/or other records the Department requires you to maintain as a condition of your RAP.

(2) How are time periods in the requirements in this Subpart and my RAP computed?

(i) Any time period scheduled to begin on the occurrence of an act or event must begin on the day after the act or event.

(ii) Any time period scheduled to begin before the occurrence of an act or event must be computed so that the period ends on the day before the act or event.

(iii) If the final day of any time period falls on a weekend or legal holiday, the time period must be extended to the next working day.

(iv) Whenever a party or interested person has the right to or is required to act within a prescribed period after the service of notice or other paper upon the party or interested person by mail, 3 days must be added to the prescribed term.

(3) How may I transfer my RAP to a new owner or operator?

(i) If you wish to transfer your RAP to a new owner or operator, you must follow the requirements specified in subdivision 373-1.7(a) of this Subpart, and incorporate any other necessary requirements. These modifications do not constitute "significant" modifications for purposes of paragraph 373-1.11(e)(1). The new owner/operator must submit a revised RAP application no later than 180 days before the scheduled change along with a written agreement containing a specific date for transfer of RAP responsibility between you and the new permittees.

(ii) When a transfer of ownership or operational control occurs, you as the old owner or operator must comply with the applicable requirements in section 373-2.8 (Financial Requirements) of this Part until the new owner or operator has demonstrated that the new owner or operator is complying with the requirements in that section. The new owner or operator must demonstrate compliance with section 373-2.8, of this Part within six months of the date of the change in ownership or operational control of the facility or remediation waste management site. When the new owner/operator demonstrates compliance with section 373-2.8 of this Part to the Department, the Department will notify you that you no longer need to comply with Subpart 373-2 section 373-2.8 of this Title as of the date of demonstration.

(g) Obtaining a RAP for an Off-Site Location.

(1) May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?

(i) You may request a RAP for remediation waste management activities at a location removed from the area where the remediation wastes originated if you believe such a location would be more protective than the contaminated area or areas in close proximity.

(ii) If the Department determines that an alternative location, removed from the area where the remediation waste originated, is more protective than managing remediation waste at the area of contamination or areas in close proximity, then the Department may approve a RAP for this alternative location.

(iii) You must request the RAP, and the Department will approve or deny the RAP, according to the procedures and requirements in this section and Part 621 of this Title.

(iv) A RAP for an alternative location must also meet the following requirements, which the Department must include in the RAP for such locations:

('a') The RAP for the alternative location must be issued to the person responsible for the cleanup from which the remediation wastes originated;

('b') The RAP is subject to the expanded public participation requirements in subdivisions 373-1.10(a), (b), and (c) of this Subpart;

('c') The RAP is subject to the public notice requirements in Part 621 of this Title;

(v) These alternative locations are remediation waste management sites, and retain the following benefits of remediation waste management sites:

('a') Exclusion from facility-wide corrective action under subdivision 373-2.6(l) of this Title; and

('b') Application of paragraph 373-2.1(a)(9) of this Part in lieu of Subpart 373-2, sections 373-2.2, 373-2.3, and 373-2.4, of this Part.