Skip to main navigation

Subpart 373-2: Final Status Standards For Owners and Operators Of Hazardous Waste Treatment, Storage and Disposal Facilities - page 7

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

Effective September 5, 2006]

[page 7 of 7]

Pages in this Part:
Sections 1 to Section 7
Section 8(a)-(i)
Section 8 (j)
Sections 9 to Section 13
Sections 14 to Section 27
Sections 28 to Section 29
Sections 30 to Appendix 33

Contents:

Sec.

• 373-2.30 - Containment Buildings.
• 373-2.31 - Hazardous Waste Munitions and Explosives Storage
• Appendix 33 - groundwater Monitoring List1

§373-2.30 - Containment Buildings.

(a) Applicability. The requirements of this section apply to owners or operators who store or treat hazardous waste in units designed and operated under subdivision (b) of this section. These provisions will become effective on February 18, 1993, although the owner or operator may notify the Commissioner of their intent to be bound by this section at an earlier time. The owner or operator is not subject to the definition of land disposal in subdivision 370.2(b) provided that the unit:

(1) Is a completely enclosed, self-supporting structure that is designed and constructed of humanmade materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls;

(2) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit;

(3) If the unit is used to manage liquids, has:

(i) a primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;

(ii) a liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and

(iii) a secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time, unless the unit has been granted a variance from the secondary containment system requirements under subparagraph (b)(2)(iv) of this section;

(4) Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in clause (b)(3)(i)('d') of this section; and

(5) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.

(b) Design and operating standards.

(1) All containment buildings must comply with the following design standards:

(i) The containment building must be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure containment of managed wastes.

(ii) The floor and containment walls of the unit, including the secondary containment system if required under paragraph (2) of this subdivision, must be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls. The unit must be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes must be chemically compatible with those wastes. DEC will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this paragraph. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet these criteria:

('a') They provide an effective barrier against fugitive dust emissions under clause (3)(i)('d') of this subdivision; and

('b') The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.

(iii) Incompatible hazardous wastes or treatment reagents must not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.

(iv) A containment building must have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.

(2) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination, or other appropriate means), the owner or operator must include:

(i) a primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (e.g., a geomembrane covered by a concrete wear surface).

(ii) a liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building:

('a') The primary barrier must be sloped to drain liquids to the associated collection system; and

('b') Liquids and waste must be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time.

(iii) a secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.

('a') The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum:

('1') constructed with a bottom slope of 1 percent or more; and

('2') constructed of a granular drainage material with a hydraulic conductivity of 1 X 10-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3 X 10-5 m2/sec or more.

('b') If treatment is to be conducted in the building, any area in which such treatment will be conducted must be designed to prevent the release of liquids, wet materials, or liquid aerosols to other portions of the building.

('c') The secondary containment system must be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building, and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building. (Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, provided it meets the requirements of subparagraph 373-2.10(d)(4)(i). In addition, the containment building must meet the requirements of paragraph 373-2.10(d)(2) and subparagraphs 373-2.10(d)(3)(i) and (ii) to be considered an acceptable secondary containment system for a tank.)

(iv) For existing units other than 90-day generator units, the Commissioner may accept a determination made by the EPA Administrator to delay the secondary containment requirement for up to two years, based on a demonstration by the owner or operator that the unit substantially meets the standards of this section. In making this demonstration, the owner or operator must:

('a') have provided written notice to the EPA Administrator of such request by November 16, 1992. This notification must describe the unit and its operating practices with specific reference to the performance of existing containment systems, and specific plans for retrofitting the unit with secondary containment;

('b') Respond to any comments from the EPA Administrator on these plans within 30 days; and

('c') Fulfill the terms of the revised plans, if such plans are approved by the EPA Administrator.

(3) Owners or operators of all containment buildings must:

(i) use controls and practices to ensure containment of the hazardous waste within the unit; and, at a minimum:

('a') maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier;

('b') maintain the level of the stored/treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded;

('c') take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area must be designated to decontaminate equipment and any rinsate must be collected and properly managed; and

('d') take measures to control fugitive dust emissions such that any openings (doors, windows, vents, cracks, etc.) exhibit no visible emissions (see 40 CFR Part 60, Appendix A, Method 22 - Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares (see 370.1(e) of this Title)). In addition, all associated particulate collection devices (e.g., fabric filter, electrostatic precipitator) must be operated and maintained with sound air pollution control practices (see 40 CFR Part 60 Subpart 292 for guidance (see 370.1(e) of this Title)). This state of no visible emissions must be maintained effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit.

(ii) obtain certification by a qualified professional engineer registered in New York State that the containment building design meets the requirements of paragraphs (1) through (3) of this subdivision. For units placed into operation prior to February 18, 1993, this certification must be placed in the facility's operating record (on-site files for generators who are not formally required to have operating records) no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit.

(iii) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, repair the condition promptly, in accordance with the following procedures.

('a') Upon detection of a condition that has lead to a release of hazardous waste (e.g., upon detection of leakage from the primary barrier) the owner or operator must:

('1') enter a record of the discovery in the facility operating record;

('2') immediately remove from service the portion of the containment building affected by the condition;

('3') determine what steps must be taken to repair the containment building, remove any leakage from the secondary collection system, and establish a schedule for accomplishing the cleanup and repairs; and

('4') within 7 days after the discovery of the condition, notify the Commissioner of the condition, and within 14 working days, provide a written notice to the Commissioner with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.

('b') The Commissioner will review the information submitted, make a determination regarding whether the containment building must be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing.

('c') Upon completing all repairs and cleanup the owner or operator must notify the Commissioner in writing and provide a verification, signed by a qualified professional engineer registered in New York State, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subclause (3)(iii)('a')('4') of this subdivision.

(iv) Inspect and record in the facility's operating record, at least once every seven days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.

(4) For containment buildings that contain areas both with and without secondary containment, the owner or operator must:

(i) design and operate each area in accordance with the requirements enumerated in paragraphs (1) through (3) of this subdivision;

(ii) take measures to prevent the release of liquids or wet materials into areas without secondary containment; and

(iii) maintain in the facility's operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.

(5) Notwithstanding any other provision of this section, the Commissioner may waive requirements for secondary containment for a permitted containment building where the owner or operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system.

(c) Closure and post-closure care.

(1) At closure of a containment building, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.,) contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless paragraph 371.1(d)(4) of this Title applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings must meet all of the requirements specified in sections 373-2.7 and 373-2.8 of this Subpart.

(2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (1) of this subdivision, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (subdivision 373-2.14(g)). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator must meet all of the requirements for landfills specified in sections 373-2.7 and 373-2.8 of this Subpart.

§373-2.31 - Hazardous Waste Munitions and Explosives Storage

(a) Applicability. The requirements of this section apply to owners or operators who store munitions and explosive hazardous wastes, except as subdivision 373-2.1(a) of this Subpart provides otherwise. (NOTE: Depending on explosive hazards, hazardous waste munitions and explosives may also be managed in other types of storage units, including containment buildings (section 373-2.30 of this Subpart), tanks (section 373-2.10 of this Subpart), or containers (section 373-2.9 of this Subpart); See subdivision 374-1.13(f) of this Title for storage of waste military munitions).

(b) Design and operating standards.

(1) Hazardous waste munitions and explosives storage units must be designed and operated with containment systems, controls, and monitoring, that:

(i) Minimize the potential for detonation or other means of release of hazardous waste, hazardous constituents, hazardous decomposition products, or contaminated run-off, to the soil, ground water, surface water, and atmosphere;

(ii) Provide a primary barrier, which may be a container (including a shell) or tank, designed to contain the hazardous waste;

(iii) For wastes stored outdoors, provide that the waste and containers will not be in standing precipitation;

(iv) For liquid wastes, provide a secondary containment system that assures that any released liquids are contained and promptly detected and removed from the waste area, or vapor detection system that assures that any released liquids or vapors are promptly detected and an appropriate response taken (e.g., additional containment, such as overpacking, or removal from the waste area); and

(v) Provide monitoring and inspection procedures that assure the controls and containment systems are working as designed and that releases that may adversely impact human health or the environment are not escaping from the unit.

(2) Hazardous waste munitions and explosives stored under this section may be stored in one of the following:

(i) Earth-covered magazines. Earth-covered magazines must be:

('a') Constructed of waterproofed, reinforced concrete or structural steel arches, with steel doors that are kept closed when not being accessed;

('b') Designed and constructed:

('1') To be of sufficient strength and thickness to support the weight of any explosives or munitions stored and any equipment used in the unit;

('2') To provide working space for personnel and equipment in the unit; and

('3') To withstand movement activities that occur in the unit; and

('c') Located and designed, with walls and earthen covers that direct an explosion in the unit in a safe direction, so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

(ii) Above-ground magazines. Above-ground magazines must be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

(iii) Outdoor or open storage areas. Outdoor or open storage areas must be located and designed so as to minimize the propagation of an explosion to adjacent units and to minimize other effects of any explosion.

(3) Hazardous waste munitions and explosives must be stored in accordance with a Standard Operating Procedure specifying procedures to ensure safety, security, and environmental protection. If these procedures serve the same purpose as the security and inspection requirements of subdivision 373-2.2(f) of this Subpart, the preparedness and prevention procedures of section 373-2.3 of this Subpart, and the contingency plan and emergency procedures requirements of section 373-2.4 of this Subpart, then these procedures will be used to fulfill those requirements.

(4) Hazardous waste munitions and explosives must be packaged to ensure safety in handling and storage.

(5) Hazardous waste munitions and explosives must be inventoried at least annually.

(6) Hazardous waste munitions and explosives and their storage units must be inspected and monitored as necessary to ensure explosives safety and to ensure that there is no migration of contaminants out of the unit.

(c) Closure and post-closure care.

(1) At closure of a magazine or unit which stored hazardous waste under this section, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components, contaminated subsoils, and structures and equipment contaminated with waste, and manage them as hazardous waste unless paragraph 371.1(d)(4) of this Title applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for magazines or units must meet all of the requirements specified in sections 373-2.7 and 373-2.8 of this Subpart, except that the owner or operator may defer closure of the unit as long as it remains in service as a munitions or explosives magazine or storage unit.

(2) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (1) of this subdivision, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, he or she must close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (see subdivision 373-2.14(g) of this Subpart).

§Appendix 33 - groundwater Monitoring List1

Ground-Water Monitoring List¹

FOOTNOTE: ¹ The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only. See also footnotes 5 and 6.

FOOTNOTE: ² Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals.

FOOTNOTE: ³ Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain this element are included.

FOOTNOTE: ⁴ CAS index names are those used in the 9th Cumulative Index.

FOOTNOTE: ⁵ Suggested Methods refer to analytical procedure numbers used in the EPA publication SW-846, "Test Methods for Evaluating Solid Waste", third edition Analytical details can be found in SW-846 and in documentation on file at the EPA. The packed column gas chromatography Methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of SW-846 and, as of Update III, the EPA has replaced these methods with "capillary column GC methods", as the suggested methods.

FOOTNOTE: ⁶ Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation.

FOOTNOTE: ⁷ Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2), Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5). The PQL shown is an average value for PCB congeners.

FOOTNOTE: ⁸ This category contains congener chemicals, including tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners.

FOOTNOTE: ⁹ This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodibenzofurans. The PQL shown is an average value for PCDF congeners.