Subpart 373-3: Interim Status Standards For Owners and Operators Of Hazardous Waste Facilities - Page 3

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

[Effective September 5, 2006]

[page 3 of 5]

Pages in this Part:
Sections 1 to Section 7
Sections 8 to Section 11
Sections 12 to Section 28
Section 29
Sections 30 to Appendix 55

373-3.12 - Waste Piles
373-3.13 - Land Treatment
373-3.14 - Landfills
373-3.15 - Incinerators
373-3.16 - Thermal Treatment
373-3.17 - Chemical, Physical and Biological Treatment
373-3.18 - Underground Injection
373-3.19 through 373-3.22 - Reserved
373-3.23 Drip Pads.
373-3.24 through 373-3.26 - Reserved
373-3.27 - Air Emission Standards for Process Vents
373-3.28 - Air Emission Standards for Equipment Leaks

§373-3.12 - Waste Piles

(a) Applicability. The regulations in this section apply to owners and operators of facilities that treat or place hazardous waste in piles, except as subdivision 373-3.1(a) of this Subpart provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under section 373-3.14 of this Subpart.

(b) Protection from wind. The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind must cover or otherwise manage the pile so that wind dispersal is controlled.

(c) Waste analysis. In addition to the waste analyses required by subdivision 373-3.2(d) of this Subpart, the owner or operator must analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless:

(1) the only wastes the facility receives which are amenable to piling are compatible with each other, or

(2) the waste received is compatible with the waste in the pile to which it is to be added. The analysis conducted must be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that the mixing of incompatible waste does not inadvertently occur. The analysis must include a visual comparison of color and texture.

(Note: As required by subdivision 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (e) and (f) of this section. As required by subdivision 373-3.5(c) of this Subpart, the owner or operator must place the results of this analysis in the operating record of the facility.)

(d) Containment. If leachate or run-off from a pile is a hazardous waste then either:

(1) (i) the pile must be placed on an impermeable base that is compatible with the waste under the conditions of treatment or storage;

(ii) the owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm;

(iii) the owner or operator must design, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm; and

(iv) collection and holding facilities (e.g. tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system; or

(2) (i) the pile must be protected from precipitation and run-on by some other means; and

(ii) no liquids or wastes containing free liquids may be placed in the pile.

(Note: If collected leachate or run-off is discharged through a point source to waters of New York State, it is subject to the requirements of article 17 of the ECL.)

(e) Special requirements for ignitable or reactive waste.

(1) Ignitable or reactive wastes must not be placed in a pile, unless the waste and the pile satisfy all applicable requirements of Part 376 of this Title, and:

(i) addition of the waste to an existing pile:

('a') results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under subdivision 371.3(b) or (d) of this Title; and

('b') paragraph 373-3.2(h)(2) of this Subpart is complied with; or

(ii) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

(f) Special requirements for incompatible wastes.

(1) Incompatible waste, or incompatible wastes and materials, (see Appendix 29 of this Title for examples) must not be placed in the same pile, unless paragraph 373-3.2(h)(2) of this Subpart is complied with.

(2) A pile of hazardous waste that is incompatible with any waste or other material placed nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.

(Comment: The purpose of this is to prevent fires, explosions, gaseous emissions, leaching, or other discharge of hazardous waste or hazardous waste constituents which could result from the contact or mixing of incompatible wastes or materials.)

(3) Hazardous waste must not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with paragraph 373-3.2(h)(2) of this Subpart.

(g) Closure and post-closure care.

(1) At closure, 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; or

(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 (see subdivision 373-3.14(d) of this Subpart).

(h) Design and operating requirements. The owner or operator of each new waste pile unit on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with paragraph 373-2.12(b)(3), unless exempted under paragraph 373-2.12(b)(4), (5), or (6), of this Title; and must comply with the procedures of paragraph 373-3.11(i)(2). "Construction commences" is as defined in subdivision 370.2(b) of this Title under "existing facility".

(i) Action leakage rate.

(1) The owner or operator of waste pile units subject to subdivision 373-3.12(h) of this Subpart must submit a proposed action leakage rate to the Commissioner when submitting the notice required under subdivision 373-3.12(h) of this Subpart. Within 60 days of receipt of the notification, the Commissioner will: establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subdivision; or extend the review period for up to 30 days. If no action is taken by the Commissioner before the original 60 or extended 90 day review period ends, the action leakage rate will be approved as proposed by the owner or operator.

(2) The Commissioner shall approve an action leakage rate for waste pile units subject to subdivision 373-3.12(h). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must allow for decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(3) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly flow rate from the monitoring data obtained under subdivision 373-3.12(k), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period.

(j) Response actions.

(1) The owner or operator of waste pile units subject to subdivision 373-3.12(h) must submit a response action plan to the Commissioner when submitting the proposed action leakage rate under subdivision 373-3.12(i) of this Subpart. The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (2) of this subdivision.

(2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

(i) Notify the Commissioner in writing of the exceedence within 7 days of the determination;

(ii) Submit a preliminary written assessment to the Commissioner within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;

(iii) Determine, to the extent practicable, the location, size, and cause of any leak;

(iv) Determine whether waste receipts should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(v) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

(vi) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Commissioner the results of the analyses specified in subparagraphs (2)(iii), (iv), and (v) of this subdivision, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator must submit to the Commissioner a report summarizing the results of any remedial actions taken and actions planned.

(3) To make the leak and/or remediation determinations in subparagraphs (2)(iii) through (v) of this subdivision, the owner or operator must:

(i) ('a') Assess the source of liquids and amounts of liquids by source;

('b') Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and

('c') Assess the seriousness of any leaks in terms of potential for escaping into the environment; or

(ii) Document why such assessments are not needed.

(k) Monitoring and inspection. An owner or operator required to have a leak detection system under subdivision 373-3.12(h) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

§373-3.13 - Land Treatment

(a) Applicability. The regulations in this section apply to owners and operators of facilities that dispose of hazardous waste in land treatment units, except as subdivision 373-3.1(a) of this Subpart provides otherwise.

(b) General operating requirements.

(1) Hazardous waste must not be placed in or on a land treatment facility unless the waste can be made non-hazardous by biological degradation or chemical reactions occurring in or on the soil.

(2) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portions of the facility during peak discharge from at least a 25-year storm.

(3) The owner or operator must design, construct, operate, and maintain a run-off management system capable of collecting and controlling water volume at least equivalent to a 24-hour, 25-year storm.

(4) Collection and holding facilities (e.g, tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.

(5) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator must manage the unit to control wind dispersal.

(c) Waste Analysis. In addition to the waste analyses required by subdivision 373-3.2(d) of this Subpart before placing a hazardous waste in or on a land treatment facility, the owner or operator must:

(1) determine the concentrations in the waste of any substances which equal or exceed the maximum concentrations contained in Table 1 of subdivision 371.3(e) of this Title that cause a waste to exhibit the Toxicity Characteristic;

(2) for any waste listed in section 371.4 of this Title, determine the concentrations of any substances which caused the waste to be listed as a hazardous waste; and

(3) if food chain crops are grown, determine the concentrations in the waste of each of the following constituents; arsenic, cadmium, lead, and mercury, unless the owner or operator has written, documented data that show that the constituent is not present.

(Note: Part 371 of this Title specifies the substances for which a waste is listed as a hazardous waste. As required by subdivision 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (h) and (i) of this section. As required by subdivision 373-3.5(c) of this Subpart, the owner or operator must place the results from each waste analysis or the documented information, in the operating record of the facility.)

(d) Food-chain crops and agricultural land.

(1) No land treatment facility shall be located on agricultural soil groups 1, 2, 3 and 4, (Land Classification System as certified by the commissioner of the Department of Agriculture and Markets).

(2) No food chain crops may be grown on any facility that is or has been used as a land treatment facility for hazardous wastes.

(3) Any person receiving a permit to operate a land treatment facility for hazardous waste, shall as a condition of such permit, place or cause to be placed a restrictive covenant which shall run with the land in the deed or deeds to all real property subject to the permit which prohibits the use of such real property for the growing of food chain crops.

(e) Unsaturated zone (zone of aeration) monitoring.

(1) The owner or operator must have in writing, and must implement, an unsaturated zone monitoring plan which is designed to:

(i) detect the vertical migration of hazardous waste and hazardous waste constitutes under the active portion of the land treatment facility; and

(ii) provide information on the background concentrations of the hazardous waste and hazardous waste constituents in similar but untreated soils nearby; this background monitoring must be conducted before or in conjunction with the monitoring required under subparagraph (i) of this paragraph.

(2) The unsaturated zone monitoring plan must include, at a minimum:

(i) soil monitoring using soil cores; and

(ii) soil-pore water monitoring using devices such as lysimeters.

(3) To comply with subparagraph (1)(i) of this subdivision, the owner or operator must demonstrate in the unsaturated zone monitoring plan that:

(i) the depth at which soil and soil-pure water samples are to be taken is below the depth to which the waste is incorporated into the soil;

(ii) the number of soil and soil-pure water samples to be taken is based on the variability of:

('a') the hazardous waste constituents (as identified in paragraphs (c)(1) and (2) of this section) in the waste and in the soil; and

('b') the soil type(s); and

(iii) the frequency and timing of soil and soil-pure water sampling is based on the frequency, time, and rate of waste application, proximity to groundwater, and soil permeability.

(4) The owner or operator must keep at the facility the unsaturated zone monitoring plan, and the rationale used in developing this plan.

(5) The owner or operator must analyze the soil and soil-pure water samples for the hazardous waste constituents that were found in the waste during the waste analysis under paragraphs (c)(1) and (2) of this section.

(Note: As required by subdivision 373-3.5(c) of this Subpart, all data and information developed by the owner or operator under this section must be placed in the operating record of the facility.)

(f) Recordkeeping. The owner or operator must include hazardous waste application dates and rates in the operating record required under subdivision 373-3.5(c) of this Subpart.

(g) Closure and post-closure.

(1) In the closure plan under subdivision 373-3.7(c) of this Subpart and the post-closure plan under subdivision 373-3.7(h) of this Subpart, the owner or operator must address the following objectives and indicate how they will be achieved:

(i) control of the migration of hazardous waste and hazardous waste constituents from the treated area into the groundwater;

(ii) control of the release of contaminated run-off from the facility into surface water;

(iii) control of the release of airborne particulate contaminants caused by wind erosion; and

(iv) compliance with subdivision (d) of this section concerning the growth of food-chain crops.

(2) The owner or operator must consider at least the following factors in addressing the closure and post-closure care objectives of paragraph (1) of this subdivision:

(i) type and amount of hazardous waste and hazardous waste constituents applied to the land treatment facility;

(ii) the mobility and the expected rate of migration of the hazardous waste and hazardous waste constituents;

(iii) site location, topography, and surrounding land use with respect to the potential effects of pollutant migration (e.g., proximity to groundwater, surface water and drinking water sources);

(iv) climate, including amount, frequency, and pH of precipitation;

(v) geological and soil profiles and surface and subsurface hydrology of the site, and soil characteristics, and including caption exchange capacity, total organic carbon, and pH;

(vi) unsaturated zone monitoring information obtained under subdivision (e) of this section; and

(vii) type, concentration, and depth of migration of hazardous waste constituents in the soil as compared to their background concentrations.

(3) The owner or operator must consider at least the following methods in addressing the closure and post-closure care objectives of paragraph (1) of this subdivision:

(i) removal of contaminated soils;

(ii) placement of a final cover, considering:

('a') functions of the cover (e.g., infiltration control, erosion and run-off control, and wind erosion control); and

('b') characteristics of the cover, including material, final surface controls, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover; and

(iii) monitoring of groundwater.

(4) In addition to the requirements of section 373-3.7 of this Subpart, during the closure period the owner or operator of a land treatment facility must:

(i) continue unsaturated zone monitoring in a manner and frequency specified in the closure plan, except that soil pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone;

(ii) maintain the run-on control system required under paragraph (b)(2) of this section;

(iii) maintain the run-off management system required under paragraph (b)(3) of this section; and

(iv) control wind dispersal of particulate matter which may be subject to wind dispersal.

(5) For the purpose of complying with subdivision 373-3.7(f) of this Subpart, when closure is completed the owner or operator may submit to the commissioner certification both by the owner or operator and by an independent qualified soil scientist, in lieu of an independent registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.

(6) In addition to the requirements of subdivision 373-3.8(g) of this Subpart, during the post-closure care period the owner or operator of a land treatment unit must:

(i) continue soil-pore monitoring by collection and analyzing samples in a manner and frequency specified in the post-closure plan;

(ii) restrict access to the unit as appropriate for its post-closure use;

(iii) assure that growth of food chain crops complies with subdivision (d) of this section; and

(iv) control wind dispersal of hazardous waste.

(h) Special requirements for ignitable or reactive waste. Ignitable or reactive waste must not be land treated unless the waste and treatment zone meet all applicable requirements of Part 376, and:

(1) the waste is immediately incorporated into the soil so that:

(i) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under subdivision 371.3(b) or (d) of this Title; and

(ii) paragraph 373-3.2(h)(2) of this Subpart is complied with; or

(2) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.

(i) Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials (see Appendix 29 of this Title, for examples), must not be placed in the same land treatment area, unless paragraph 373-3.2(h)(2) of this Subpart is complied with.

§373-3.14 - Landfills

(a) Applicability. The regulations in this section apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as subdivision 373-3.1(a) of this Subpart provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this section.

(b) Action leakage rate.

(1) The owner or operator of landfill units subject to paragraph 373-3.14(j)(1) must submit a proposed action leakage rate to the Commissioner when submitting the notice required under paragraph 373-3.14(j)(2). Within 60 days of receipt of the notification, the Commissioner will: establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this subdivision; or extend the review period for up to 30 days. If no action is taken by the Commissioner before the original 60 or extended 90 day review period ends, the action leakage rate will be approved as proposed by the owner or operator.

(2) The Commissioner shall approve an action leakage rate for landfill units subject to paragraph 373-3.14(j)(1). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid head on the bottom liner exceeding 1 foot. The action leakage rate must include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate must allow for decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).

(3) To determine if the action leakage rate has been exceeded, the owner or operator must convert the weekly or monthly flow rate from the monitoring data obtained under subdivision 373-3.14(l) to an average daily flow rate (gallons per acre per day) for each sump. Unless the Commissioner approves a different calculation, the average daily flow rate for each sump must be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under paragraph 373-3.14(l)(2).

(c) Surveying and recordkeeping. The owner or operator of a landfill must maintain the following items in the operating record required under subdivision 373-3.5(c) of this Subpart:

(1) on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks; and

(2) the contents of each cell and the approximate location of each hazardous waste type within each cell.

(d) Closure and post-closure care.

(1) At final closure of the landfill or upon closure of any cell, the owner or operator must cover the landfill or cell with a final cover designed and constructed to:

(i) provide long-term minimization of migration of liquids through the closed landfill;

(ii) function with minimum maintenance;

(iii) promote drainage and minimize erosion or abrasion of the cover;

(iv) accommodate settling and subsidence to maintain the cover's integrity; and

(v) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.

(2) After final closure, the owner or operator must comply with all post-closure requirements contained in subdivisions 373-3.7(g) through (j) of this Subpart including maintenance and monitoring throughout the post-closure care period. The owner or operator must:

(i) maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion, or other damaging events;

(ii) Maintain and monitor the leak detection system in accordance with clause 373-2.14(c)(3)(iii)('d') and subparagraph 373-2.14(c)(3)(iv) of this Title, and paragraph 373-3.14(l)(2), and comply with all other applicable leak detection system requirements of this Subpart;

(iii) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of section 373-3.6 of this Subpart;

(iv) prevent run-on and runoff from eroding or otherwise damaging the final cover; and

(v) protect and maintain surveyed benchmarks used in complying with subdivision (c) of this section.

(e) Special requirements for ignitable or reactive waste.

(1) Except as provided in paragraph (2) of this subdivision, and in subdivision (i) of this section, ignitable or reactive waste must not be placed in a landfill, unless the waste and landfill meet all applicable requirements of Part 376 of this Title, and:

(i) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under subdivision 371.3(b) or (d) of this Title; and

(ii) paragraph 373-3.2(h)(2) of this Subpart is complied with.

(2) Except for prohibited wastes which remain subject to treatment standards in section 376.4 of this Title, ignitable wastes in containers may be landfilled without meeting the requirements of paragraph (1) of this subdivision, provided that the wastes are disposed of in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes must be disposed of in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; must be covered daily with soil or other noncombustible material to minimize the potential for ignition of the wastes; and must not be disposed of in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.

(f) Special requirements for incompatible wastes. Incompatible wastes, or incompatible wastes and materials, (see Appendix 29 of this Title for examples) must not be placed in the same landfill cell, unless paragraph 373-3.2(h)(2) of this Subpart is complied with.

(g) Special requirements for liquid waste.

(1) Bulk or non-containerized liquid waste or waste containing free liquids (whether or not sorbents have been added) must not be placed in a landfill.

(2) Containers holding free liquids must not be placed in a landfill unless:

(i) all free-standing liquid:

('a') has been removed by decanting, or other methods;

('b') has been mixed with sorbent or solidified so that free-standing liquid is no longer observed; or

('c') has been otherwise eliminated; or

(ii) the container is very small, such as an ampule; or

(iii) the container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or

(iv) the container is a lab pack as defined in subdivision (i) of this section and is disposed of in accordance with subdivision (i) of this section.

(3) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described 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.

(4) Sorbents used to treat free liquids to be disposed of in landfills must be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subparagraph (4)(i) of this subdivision; materials that pass one of the tests in subparagraph (4)(ii) of this subdivision; or materials that are determined by the Department to be nonbiodegradable through the Part 370 petition process.

(i) Nonbiodegradable sorbents.

('a') Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or

('b') High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or

('c') Mixtures of these nonbiodegradable materials.

(ii) Tests for nonbiodegradable sorbents.

('a') The sorbent material is determined to be nonbiodegradable under ASTM Method G21-70 (1984a) - Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi (see 6 NYCRR 370.1(e)); or

('b') The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b) - Standard Practice for Determining Resistance of Plastics to Bacteria (see 6 NYCRR 370.1(e)); or

('c') The sorbent material is determined to be nonbiodegradable under OECD test 301B: (CO₂ Evolution (Modified Sturm Test)) as incorporated by reference in subdivision 370.1(e) of this Title.

(h) Special requirements for containers. Unless they are very small, such as an ampule, containers must be either:

(1) at least 90 percent full when placed in the landfill; or

(2) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.

(i) Disposal of small containers of hazardous waste in overpacked drums (lab packs). Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met:

(1) Hazardous waste must be packaged in non-leaking inside containers. The inside containers must be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers must be tightly and securely sealed. The inside containers must be of the size and type specified in the United States Department of Transportation (DOT) hazardous materials regulations (49 CFR parts 173, 178, and 179) (see 6 NYCRR 370.1(e)), if those regulations specify a particular inside container for the waste.

(2) The inside containers must be overpacked in an open head Federal DOT-specification metal shipping container (49 CFR parts 178 and 179) (see 6 NYCRR 370.1(e)) of no more than 416-liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with paragraph 373-3.14 (g)(4), to completely sorb all of the liquid contents of the inside containers. The metal outer container must be full after it has been packed with inside containers and sorbent material.

(3) The sorbent material used must not be capable of reacting dangerously with, being decomposed by or being ignited by, the contents of the inside containers in accordance with paragraph 373-3.2(h)(2) of this Subpart.

(4) Incompatible wastes, as defined in subdivision 370.2(b) of this Title must not be placed in the same outside container.

(5) Reactive wastes, other than cyanide-or sulfide-bearing waste as defined in subparagraph 371.3(d)(1)(v) of this Title, must be treated or rendered non-reactive prior to packaging in accordance with paragraphs (1) through 4 of this subdivision. Cyanide- and sulfide-bearing reactive waste may be packed in accordance with paragraphs (1) through (4) of this subdivision without first being treated or rendered non-reactive.

(6) Such disposal is in compliance with the requirements of Part 376 of this Title.

(i) Persons who incinerate lab packs according to the requirements in 376.4(c)(3)(i) of this Title may use fiber drums in place of metal outer containers. Such fiber drums must meet all USDOT specifications and be overpacked according to the requirements in paragraph (2) of this subdivision.

(j) Design and operating requirements.

(1) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 must install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with paragraph 373-2.14(c)(4), (5), or (6), of this Title. "Construction commences" is as defined in subdivision 370.2(b) of this Title under "existing facility".

(2) The owner or operator of each unit referred to in paragraph (1) of this subdivision must notify the commissioner at least 60 days before receiving waste. The owner or operator of each facility submitting notice must file a Part 373 permit application within six months of the commissioner's receipt of the notice.

(3) The owner or operator of any replacement landfill unit is exempt from paragraph (1) of this subdivision if:

(i) The existing unit was constructed in compliance with the design standards of section 3004(o)(1)(A)(i) and (o)(5) of the Resource Conservation and Recovery Act (see 6 NYCRR 370.1(e)); and

(ii) There is no reason to believe that the liner is not functioning as designed.

(4) The double liner requirement set forth in paragraph (1) of this subdivision may be waived by the commissioner for any monofill, if:

(i) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and the wastes do not contain constituents which would render the wastes hazardous for reasons other than the Toxicity Characteristic in subdivision 371.3(e) of this Title with EPA Hazardous Waste Number D004 through D017; and

(ii) ('a') ('1') the monofill has at least one liner for which there is no evidence that such liner is leaking;

('2') the monofill is located more than one-quarter mile from an underground source of drinking water (as that term is defined in 40 CFR 144.3 (see subdivision 370.1(e) of this Title)); and

('3') the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with Part 373 permits; or

('b') the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.

(5) In the case of any unit in which the liners and leachate collection system has been installed pursuant to the requirements of paragraph (1) of this subdivision, the commissioner, when issuing the first permit, will not require that a new liner and leachate collection system be installed, unless the commissioner has reason to believe the liner is leaking.

(6) The owner or operator must design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.

(7) The owner or operator must design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(8) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems must be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.

(9) The owner or operator of a landfill containing hazardous waste which is subject to wind dispersal must cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.

(Note: As required by subdivision 373-3.2(d) of this Subpart, the waste analysis plan must include analyses needed to comply with subdivisions (e), (f) and (g) of this section. As required by subdivision 373-3.5(c) of this Subpart, the owner or operator must place the results of these analyses in the operating record of the facility.)

(k) Response actions.

(1) The owner or operator of landfill units subject to paragraph 373-3.14(j)(1) must submit a response action plan to the Commissioner when submitting the proposed action leakage rate under subdivision 373-3.14(b). The response action plan must set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan must describe the actions specified in paragraph (2) of this subdivision.

(2) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator must:

(i) Notify the Commissioner in writing of the exceedence within 7 days of the determination;

(iii) Determine to the extent practicable the location, size, and cause of any leak;

(iv) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;

(v) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and

(3) To make the leak and/or remediation determinations in subparagraphs (2)(iii), (iv), and (v) of this subdivision, the owner or operator must:

(i) ('a') Assess the source of liquids and amounts of liquids by source;

('c') Assess the seriousness of any leaks in terms of potential for escaping into the environment; or

(ii) Document why such assessments are not needed.

(l) Monitoring and inspection.

(1) An owner or operator required to have a leak detection system under paragraph 373-3.14(j)(1) must record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.

(2) After the final cover is installed, the amount of liquid removed from each leak detection system sump must be recorded at least monthly. If the liquid level in any sump stays below its pump operating level for two consecutive months, the amount of liquid in the sump must be recorded at least quarterly. If the liquid level in the sump stays below its pump operating level for two consecutive quarters, the amount of liquid in the sump must be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator must return to monthly recording of the amount of liquid removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.

(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Commissioner based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed "pump operating level" will be in accordance with paragraph 373-3.14(b)(1).

§373-3.15 - Incinerators

(a) Applicability.

(1) The regulations in this section apply to owners and operators of hazardous waste incinerators (as defined in subdivision 370.2(b) of this Title), except as subdivision 373-3.1(a) of this Subpart provides otherwise.

(2) Additional regulations governing construction and operation of incinerators for purposes of air pollution control are set forth in Parts 200, 201, 212, 219, 225, 227 and 257 of this Title.

(3) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this section, except subdivision (e) (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in Appendix 23 of this Title, and such documentation is retained at the facility, if the waste to be burned is:

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

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

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

(iv) a hazardous waste solely because it possesses any of the reactivity characteristics described by subparagraphs (d)(1)(i) - (iii), (vi) - (viii) of section 371.3 of this Title, and will not be burned when other hazardous wastes are present in the combustion zone.

(b) Waste analysis. In addition to the waste analyses required by subdivision 373-3.2(d) of this Subpart, the owner or operator must sufficiently analyze any waste which has not previously been burned in the incinerator to enable the owner of operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis must determine:

(1) heating value of the waste;

(2) halogen content and sulfur content in the waste; and

(3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.

(Note: As required by subdivision 373-3.5(c) of this Subpart, the owner or operator must place results from each waste analysis, or the documented information, in the operating record of the facility.)

(c) General operating requirements. During start-up and shut-down of an incinerator, the owner or operator must not feed hazardous waste unless the incinerator unit is at steady state (normal) conditions of operation, including steady state operating temperature and air flow.

(d) Monitoring and inspections. The owner or operator must conduct, as a minimum, the following monitoring and inspections when incinerating hazardous waste:

(1) Existing instruments which relate to combustion and emission control must be monitored at least every 15 minutes. Appropriate corrections to maintain steady state combustion conditions must be made immediately either automatically or by the operator. Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator, temperature, scrubber flow, scrubber pH, and relevant level controls.

(2) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system alarms must be checked to assure proper operation.

(e) Closure. At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters, and scrubber sludges) from the incinerator.

(Note: At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with 6 NYCRR 371.1(d)(4), that the residue removed from the incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of 6 NYCRR Parts 370 through 376.)

(f) Standards for particular hazardous wastes.

(1) Owners or operators of incinerators subject to this section may burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification from the commissioner that they can meet the performance standards of section 373-2.15 of this Part when they burn the wastes.

(2) In addition to the requirements of Part 621 of this Title, the following standards and procedures will be used in determining whether to certify an incinerator:

(i) the owner or operator must submit an application to the commissioner containing applicable information in subdivisions 373-1.5(f) and 373-1.9(a) of this Part demonstrating that the incinerator can meet the performance standards in section 373-2.15 of this Part when they burn the wastes;

(ii) the commissioner will issue a tentative decision whether the incinerator can meet the performance standards in section 373-2.15 of this Part. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The commissioner will accept comment on the tentative decision for 60 days. The commissioner also may hold a public hearing upon request or at his or her discretion: (iii) after the close of the public comment period, the commissioner will issue a decision whether or not to certify the incinerator.

§373-3.16 - Thermal Treatment

(a) The regulations in this section apply to owners and operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as provided in section 373-3.1(a) of this Subpart. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of section 373-3.15 of this Subpart if the unit is an incinerator, and section 374-1.8 of this Title if the unit is a boiler or an industrial furnace as defined in 370.2(b).

(b) General operating requirements. Before adding hazardous waste, the owner or operator must bring the thermal treatment process to steady state (normal) conditions of operation -- including steady state operating temperature -- using auxiliary fuel or other means, unless the process is a non-continuous (batch) thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous wastes.

(c) Waste analysis. In addition to the waste analyses required by section 373-3.2(d) of this Subpart, the owner or operator must sufficiently analyze any waste which has not been previously treated in the thermal process to enable the owner or operator to establish steady state (normal) or other appropriate (for a non-continuous process) operating conditions (including waste and auxiliary fuel feed) and to determine the type of air contaminants which might be emitted. At a minimum, the analysis must determine:

(1) heating value of the waste;

(2) halogen content and sulfur content in the waste; and

(3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.

(d) Monitoring and inspections.

(1) The owner and operator must conduct, as a minimum, the following monitoring and inspections when thermally treating hazardous waste:

(i) Existing instruments which relate to temperature and emission control (if an emission control device is present) must be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate thermal treatment conditions must be made immediately either automatically or by the operator. Instruments which relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed, treatment process temperature, and relevant process flow and level controls.

(ii) The stack plume (emissions), where present, must be observed visually at least hourly for normal appearance (color and opacity). The operator must immediately make any indicated operating corrections necessary to return any visible emissions to their normal appearance.

(iii) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) must be inspected at least daily for leaks, spills, and fugitive emissions, and system alarms must be checked to assure proper operation.

(e) Closure. At closure, the owner or operator must remove all hazardous waste and hazardous waste residues (including, but not limited to, ash) from the thermal treatment process or equipment.

(f) Open burning; waste explosives. Open burning of hazardous waste is prohibited except from the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives must do so in accordance with the following table and in a manner that does not threaten human health or the environment.

___________________________________________________ Pounds of waste explosives Minimum distance from open or propellants burning or detonation to the property of others ___________________________________________________

0 to 100..............204 meters (670 feet) 101 to 1,000..........380 meters (1,250 feet) 1,001 to 10,000.......530 meters (1,730 feet) 10,001 to 30,000......690 meters (2,260 feet)

(g) Standards for particular hazardous waste.

(1) Owners or operators of thermal treatment devices subject to this section may burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification from the commissioner that they can meet the performance standards of section 373-2.15 of this Part when they burn these wastes.

(2) In addition to the requirements of Part 621 of this Title, the following standards and procedures will be used in determining whether to certify a thermal treatment unit:

(i) the owner or operator must submit an application to the commissioner containing the applicable information in sections 373-1.5(f) and 373-1.9(a) of this Part demonstrating that the thermal treatment unit can meet the performance standards in section 373-2.15 of this Part when they burn the wastes;

(ii) the commissioner will issue a tentative decision whether the thermal treatment unit can meet the performance standards in section 373-2.15 of this Part. Notification of the tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device is located. The commissioner will accept comment on the tentative decision for 60 days. The commissioner also may hold a public hearing upon request or at his or her discretion;

(iii) after the close of the public comment period, the commissioner will issue a decision whether or not to certify the thermal treatment unit.

§373-3.17 - Chemical, Physical and Biological Treatment

(a) Applicability. The regulations in this section apply to owners and operators of facilities subject to this Subpart which treat hazardous waste by chemical, physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities. Chemical, physical, and biological treatment of hazardous waste in tanks, surface impoundments, and land treatment facilities must be conducted in accordance with sections 373-3.10, 373-3.11, and 373-3.13 of this Subpart.

(b) General operating requirements.

(1) Chemical, physical, or biological treatment of hazardous waste must comply with section 373-3.2(h) of this Subpart.

(2) Hazardous wastes or treatment reagents must not be placed in the treatment process or equipment if they could cause the treatment process or equipment to rupture, leak, corrode, or otherwise fail before the end of its intended life.

(3) Where hazardous waste is continuously fed into a treatment process or equipment, the process or equipment must be equipped with a means to stop this inflow (e.g., a waste feed cut-off system or by-pass system to a standby containment device).

(c) Waste analysis and trial tests.

(1) In addition to the waste analysis required by section 373-3.2(d) of this Subpart, whenever:

(i) a hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in that process or equipment; or

(ii) a substantially different process than any previously used at the facility is to be used to chemically treat hazardous waste; the owner or operator must, before treating the different waste or using the different process or equipment:

('a') conduct waste analysis and trial treatment tests (e.g., bench scale or pilot plant scale tests); or

('b') obtain written, documented information on similar treatment of similar waste under similar operating conditions; to show that this proposed treatment will meet all applicable requirements of paragraphs (b)(1) and (2) of this section.

(d) Inspections.

(1) The owner or operator of a treatment facility must inspect, where present:

(i) discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass systems, drainage systems, and pressure relief systems) at least once each operating day, to ensure that it is in good working order;

(ii) data gathered from monitoring equipment (e.g., pressure and temperature gauges), at least once each operating day, to ensure that the treatment process or equipment is being operated according to its design;

(iii) the construction materials of the treatment process or equipment, at least weekly, to detect corrosion or leaking of fixtures or seams; and

(iv) the construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes), at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).

(e) Closure. At closure, all hazardous waste and hazardous waste residues must be removed from treatment processes or equipment, discharge control equipment, and discharge confinement structures.

(f) Special requirements for ignitable or reactive wastes.

(1) Ignitable or reactive waste must not be placed in a treatment process or equipment unless:

(i) the waste is treated, rendered, or mixed before or immediately after placement in the treatment process or equipment so that:

('a') the resulting waste mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under section 371.3(b) or 371.3(d) of this Title; and

('b') section 373-3.2(h) of this Subpart is complied with; or

(ii) the waste is treated in such a way that is protected from any material or conditions which may cause the waste to ignite or react.

(g) Special requirements for incompatible wastes.

(1) Incompatible wastes, or incompatible wastes and materials (see Appendix 29 of this Title for examples), must not be placed in the same treatment process or equipment unless section 373-3.2(h) of this Subpart is complied with.

(2) Hazardous waste must not be placed in unwashed treatment equipment which previously held an incompatible waste or material, unless section 373-3.2(h) of this Subpart is complied with.

§373-3.18 - Underground Injection

Except as section 373-3.1 of this Subpart provides otherwise:

(a) Exclusion from sections 373-3.7 and 373-3.8. The owner or operator of a facility which disposes of hazardous waste by underground injection is excluded from the requirements of sections 373-3.7 and 373-3.8 of this Subpart.

(b) Applicability. The requirements of this section apply to owners and operators of wells used to dispose of hazardous waste which are classified as Class I under subdivision 144.6(a) of 40 CFR and which are classified as Class IV under subdivision 144.6(d) of 40 CFR (see section 370.1(e) of this Title):

(1) Class I.

(i) Wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste, other than Class IV wells.

(ii) Other industrial and municipal disposal wells which inject fluids beneath the lowermost formation containing, within one quarter mile of the well bore, an underground source of drinking water.

(2) Class IV.

(i) Wells used by generators of hazardous wastes or of radioactive wastes, by owners or operators of hazardous waste management facilities, or by owners or operators of radioactive waste disposal sites to dispose of hazardous wastes or radioactive wastes into or above a formation which within one quarter mile of the well contains an underground source of drinking water.

§373-3.19 through 373-3.22 - Reserved

§373-3.23 Drip Pads.

(a) Applicability.

(1) (i) Except as provided in subparagraph (1)(ii) of this subdivision, the requirements of this section apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at subparagraph 373-3.23(d)(2)(iii) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.

(ii) For F034 and F035 wastes as defined in paragraph 371.4(b)(1) of this Title, subparagraph (i) of this paragraph applies, except that the referenced dates are revised to January 17, 1995.

(2) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under paragraphs 373-3.23(d)(5) or 373-3.23(d)(6), as appropriate.

(3) The requirements of this section are not applicable to the management of infrequent and incidental drippage in storage yards, provided that:

(i) the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan must describe how the facility will do the following:

('a') clean up the drippage;

('b') document the cleanup of the drippage;

('c') retain documents regarding cleanup for three years; and

('d') manage the contaminated media in a manner consistent with State and Federal regulations.

(b) Assessment of existing drip pad integrity.

(1) For each existing drip pad as defined in subdivision (a) of this section, the owner or operator must evaluate the drip pad and determine that it meets all of the requirements of this section, except the requirements for liners and leak detection systems of paragraph 373-3.23(d)(2). No later than the effective date of these regulations, the owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in New York State that attests to the results of the evaluation. The assessment must be reviewed, updated and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of subdivision (d) of this section are complete. The evaluation must document the extent to which the drip pad meets each of the design and operating standards of subdivision (d) of this section, except the standards for liners and leak detection systems, specified in paragraph (d)(2) of this section.

(2) The owner or operator must develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of paragraph (d)(2) of this section, and submit the plan to the Commissioner no later than 2 years before the date that all repairs, upgrades, and modifications are complete. This written plan must describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of subdivision (d) of this section. The plan must be reviewed and certified by an independent qualified professional engineer registered in New York State.

(3) Upon completion of all repairs and modifications, the owner or operator must submit to the Commissioner the as-built drawings for the drip pad, together with a certification by an independent, qualified professional engineer registered in New York State attesting that the drip pad conforms to the drawings.

(4) If the drip pad is found to be leaking or unfit for use, the owner or operator must comply with the provisions of paragraph (d)(13) of this section or close the drip pad in accordance with subdivision (f) of this section.

(c) Design and installation of new drip pads. Owners and operators of new drip pads must ensure that the pads are designed, installed, and operated in accordance with one of the following:

(1) all of the applicable requirements of subdivisions (d) (except subparagraph (d)(1)(iv)), (e) and (f) of this section, or

(2) all of the applicable requirements of subdivision (d) (except paragraph (d)(2)), (e) and (f) of this section.

(d) Design and operating requirements.

(1) Drip pads must:

(i) be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;

(ii) be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;

(iii) have a curb or berm around the perimeter;

(iv) ('a') have a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second, e.g., existing concrete drip pads must be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material must be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the material must be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with paragraph (c)(2) instead of paragraph (c)(1) of this section.

('b') The owner or operator must obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in New York State that attests to the results of the evaluation. The assessment must be reviewed, updated and recertified annually. The evaluation must document the extent to which the drip pad meets the design and operating standards of this subdivision, except for paragraph (2) of this subdivision.

(v) be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of installation, and the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.

(Note: DEC will generally consider applicable standards established by professional organizations generally recognized by industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirement of this subparagraph.)

(2) If an owner/operator elects to comply with paragraph (c)(1) instead of paragraph (c)(2) of this section, the drip pad must have:

(i) a synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner must be constructed of materials that will prevent waste from being absorbed into the liner and prevent releases into the adjacent subsurface soil or ground water or surface water during the active life of the facility. The liner must be:

('a') constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);

('b') placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and

('c') installed to cover all surrounding earth that could come in contact with the waste or leakage; and

(ii) a leakage detection system immediately above the liner that is designed, constructed, maintained and operated to detect leakage from the drip pad. The leakage detection system must be:

('a') constructed of materials that are:

('1') chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and

('2') of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad; and

('b') designed and operated to function without clogging through the scheduled closure of the drip pad; and

('c') designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time; and

(iii) a leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed must be documented in the operating log.

(3) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.

(Note: See paragraph (13) of this subdivision for remedial action required if deterioration or leakage is detected.)

(4) The drip pad and associated collection system must be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.

(5) Unless protected by a structure, as described in paragraph (a)(2) of this section, the owner or operator must design, construct, operate and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-on that might enter the system.

(6) Unless protected by a structure or cover, as described in paragraph (a)(2) of this section, the owner or operator must design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.

(7) The drip pad must be evaluated to determine that it meets the requirements of paragraphs (1) through (6) of this subdivision, and the owner or operator must obtain a statement from an independent, qualified professional engineer registered in New York State certifying that the drip pad design meets the requirements of this subdivision.

(8) Drippage and accumulated precipitation must be removed from the associated collection system as necessary to prevent overflow onto the drip pad.

(9) The drip pad surface must be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator must document the date and time of each cleaning and the cleaning procedure used in the facility's operating log.

(10) Drip pads must be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.

(11) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes must be held on the drip pad until drippage has ceased. The owner or operator must maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.

(12) Collection and holding units associated with run-on and run-off control systems must be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.

(13) Throughout the active life of the drip pad, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition must be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:

(i) Upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner or operator must:

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

('b') immediately remove the portion of the drip pad affected by the condition from service;

('c') determine what steps must be taken to repair the drip pad, remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs;

('d') within 24 hours after discovery of the condition, notify the Commissioner of the condition and, within 10 working days, provide a written notice to the Commissioner with a description of the steps that will be taken to repair the drip pad, and clean up any leakage, and the schedule for accomplishing this work.

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

(iii) Upon completing all repairs and clean up, the owner or operator must notify the Commissioner in writing and provide a certification, signed by an independent qualified, professional engineer registered in New York State, that the repairs and clean up have been completed according to the written plan submitted in accordance with clause (13)(i)('d') of this subdivision.

(14) The owner or operator must maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This must include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.

(e) Inspections.

(1) During construction or installation, liners and cover systems (e.g., membranes, sheets, or coatings) must be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners must be inspected and certified as meeting the requirements of subdivision (d) of this section by an independent qualified, professional engineer registered in New York State. The certification must be maintained at the facility as part of the facility operating record. After installation, liners and covers must be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

(2) While a drip pad is in operation, it must be inspected weekly and after storms to detect evidence of any of the following:

(i) Deterioration, malfunctions or improper operation of run-on and run-off control systems;

(ii) The presence of leakage in and proper functioning of leakage detection system.

(iii) Deterioration or cracking of the drip pad surface.

(Note: See paragraph (d)(13) of this section for remedial action required if deterioration or leakage is detected.)

(f) Closure.

(1) At closure, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.

(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 practically removed or decontaminated, the owner or operator must close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (373-3.14(d) of this Subpart). For permitted units, the requirement to have a permit continues throughout the post-closure period.

(3) (i) The owner or operator of an existing drip pad, as defined in subdivision (a) of this section, that does not comply with the liner requirements of subparagraph (d)(2)(i) of this section must:

('a') include in the closure plan for the drip pad under subdivision 373-3.7(c) of this Part, both a plan for complying with paragraph (1) of this subdivision and a contingent plan for complying with paragraph (2) of this subdivision in case not all contaminated subsoils can be practicably removed at closure; and

('b') prepare a contingent post-closure plan under subdivision 373-3.7(h) of this Part for complying with paragraph (2) of this subdivision in case not all contaminated subsoils can be practicably removed at closure.

(ii) The cost estimates calculated under subdivisions 373-3.7(c) and 373-3.8(e) of this Part for closure and post-closure care of a drip pad subject to this paragraph must include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under paragraph (1) of this subdivision.

§373-3.24 through 373-3.26 - Reserved

§373-3.27 - Air Emission Standards for Process Vents

(a) Applicability.

(1) The regulations in this section apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in subdivision 373-3.1(a)).

(2) Except for paragraphs 373-3.27(e)(4) and (5), this section applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:

(i) A unit that is subject to the permitting requirements of Subpart 373-1, or

(ii) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of subparagraph 372.2(a)(8)(ii) of this Title, (i.e, a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of Subpart 373-1, or

(iii) A unit that is exempt from permitting under the provisions of subparagraph 372.2(a)(8)(ii) of this Title (i.e., a 90-day tank or container) and is not a recycling unit under the requirements of 371.1(g) of this Title.

(Note: The requirements of subdivisions 373-3.27(c) through 373-3.27(g) apply to process vents on hazardous waste recycling units previously exempt under subparagraph 371.1(g)(3)(i). Other exemptions under subdivision 371.1(e) and subdivision 373-3.1(a) are not affected by these requirements.)

(3) The requirements of this section do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this section are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63, as incorporated by reference in subdivision 370.1(e) of this Title. The documentation of compliance under federal regulations at 40 CFR part 60, part 61, or part 63 as incorporated by reference in subdivision 370.1(e) of this Title, shall be kept with, or made readily available with, the facility operating record.

(b) Definitions. As used in this section, all terms shall have the meaning given them in subdivision 373-2.27(b), the ECL and Parts 370 through 374.

(c) Standards: Process vents.

(1) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations managing hazardous wastes with organic concentrations at least 10 ppmw shall either:

(i) Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr), or

(ii) Reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.

(2) If the owner or operator installs a closed-vent system and control device to comply with the provisions of paragraph (1) of this subdivision, the closed-vent system and control device must meet the requirements of subdivision 373-3.27(d).

(3) Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests must conform with the requirements of paragraph 373-3.27(e)(3).

(4) When an owner or operator and the Commissioner do not agree on determinations of vent emissions and/or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the test methods in paragraph 373-3.27(e)(3) shall be used to resolve the disagreement.

(d) Standards: Closed-vent systems and control devices.

(1) (i) Owners or operators of closed-vent systems and control devices used to comply with provisions of this Subpart shall comply with the provisions of this subdivision.

(ii) ('a') The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this section on the effective date that the facility becomes subject to the provisions of this section must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this section for installation and startup.

('b') Any unit that begins operation after December 21,1990, and is subject to the provisions of this section when operation begins, must comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.

('c') ('1') If an existing facility is already subject to 40 CFR 264.1033(a)(2)(iii) at the time a state statutory or regulatory amendment renders the facility subject to 373-3.27,the requirements established under 40 CFR 264.1033(a)(2)(iii), as incorporated by reference in subdivision 370.1(e) of this Title, will apply.

('2') If an existing facility is not subject to 40 CFR 264.1033(a)(2)(iii) at the time a state statutory or regulatory amendment renders the facility subject to 373-3.27, the owner or operator of the facility in existence on the effective date of the State statutory or regulatory amendment that renders the facility subject to 373-3.27 shall comply with all requirements of 373-3.27 as soon as practicable but no later than 30 months after the State amendment's effective date. When control equipment required by this section can not be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this section. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.

('d') Owners and operators of facilities and units that become newly subject to the requirements of this section after December 8, 1997, due to an action other than those described in clause (1)(ii)('c') of this subdivision must comply with all applicable requirements immediately (i.e, must have control devices installed and operating on the date the facility or unit becomes subject to this section; the 30-month implementation schedule does not apply).

(2) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of subparagraph 373-3.27(c)(1)(i) for all affected process vents can be attained at an efficiency less than 95 weight percent.

(3) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reduce the organic emissions vented to it by 95 weight percent or greater; to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 degrees C. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame combustion zone of the boiler or process heater.

(4) (i) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in subparagraph (5)(i) of this subdivision, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.

(ii) A flare shall be operated with a flame present at all times, as determined by the methods specified in clause (6)(ii)('c') of this subdivision.

(iii) A flare shall be used only if the net heating value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in subparagraph (5)(ii) of this subdivision.

(iv) ('a') A steam-assisted or nonassisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in subparagraph (5)(iii) of this subdivision, of less than 18.3 m/s (60 ft/s), except as provided in clauses (4)(iv)('b') and ('c') of this subdivision.

('b') A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as determined by the methods specified in subparagraph (5)(iii) of this subdivision, equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).

('c') A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as determined by the methods specified in subparagraph (5)(iii) of this subdivision, less than the velocity, V_max, as determined by the method specified in subparagraph (5)(iv) of this subdivision, and less than 122 m/s (400 ft/s) is allowed.

(v) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, V_max, as determined by the method specified in subparagraph (5)(v) of this subdivision.

(vi) A flare used to comply with this subdivision shall be steam-assisted, air-assisted, or nonassisted.

(5) (i) Reference Method 22 in 40 CFR part 60 (see 6 NYCRR 370.1(e)) shall be used to determine the compliance of a flare with the visible emission provisions of this section. The observation period is 2 hours and shall be used according to Method 22.

(ii) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:

H_T = K_x (summation _{(i=1 to n)} (C_i x H_i))

where:

H _T= Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25 degrees C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 degrees C;

K = Constant, 1.74X10-7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 degrees C;

C _i = Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR part 60 (see 6 NYCRR 370.1(e)) and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in subdivision 370.1(e)); and

H _i = Net heat of combustion of sample component i, kcal/g mol at 25 degrees C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in subdivision 370.1(e)) if published values are not available or cannot be calculated.

(iii) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 (see 6 NYCRR 370.1(e)) as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.

(iv) The maximum allowed velocity in m/s, V_max, for a flare complying with clause (4)(iv)('c') of this subdivision shall be determined by the following equation:

Log ₁₀ (V _max) = (H _T +28.8)/31.7

where:

H_T = The net heating value as determined in subparagraph (5)(ii) of this subdivision.

28.8 = Constant,

31.7 = Constant.

(v) The maximum allowed velocity in m/s, V_max, for an air-assisted flare shall be determined by the following equation:

V_max = 8.706 + 0.7084 (H_T)

where:

8.706 = Constant.

0.7084 = Constant.

H _T= The net heating value as determined in subparagraph (5)(ii) of this subdivision.

(6) The owner or operator shall monitor and inspect each control device required to comply with this subdivision to ensure proper operation and maintenance of the control device by implementing the following requirements:

(i) Install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet, but before being combined with other vent streams.

(ii) Install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:

('a') For a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in degrees C or ±0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone.

('b') For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of ±1 percent of the temperature being monitored in degrees C or ±0.5 degrees C, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet.

('c') For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame.

('d') For a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in degrees C or ±0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone.

('e') For a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used.

('f') For a condenser, either:

('1') A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the condenser; or

('2') A temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in degrees Celsius (degrees C) or ±0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser exit (i.e., product side).

('g') For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly in the control device, either:

('1') A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed, or

('2') A monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle.

(iii) Inspect the readings from each monitoring device required by subparagraphs (6)(i) and (ii) of this subdivision at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this subdivision.

(7) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device, shall replace the existing carbon in the control device with fresh carbon at a regular, predetermined time interval that is no longer than the carbon service life established as a requirement of subclause 373-3.27(f)(2)(iv)('c')('6').

(8) An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one of the following procedures:

(i) Monitor the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity established as a requirement of subclause 373-3.27(f)(2)(iv) ('c')('7'), whichever is longer.

(ii) Replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of subclause 373-3.27(f)(2)(iv)('c')('7').

(9) An owner or operator of an affected facility seeking to comply with the provisions of this Subpart by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is required to develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.

(10) A closed-vent system shall meet either of the following design requirements:

(i) A closed-vent system shall be designed to operate with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background as determined by the procedure in paragraph 373-3.27(e)(2) of this section, and by visual inspections; or

(ii) A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating.

(11) The owner or operator shall monitor and inspect each closed-vent system required to comply with this section to ensure proper operation and maintenance of the closed-vent system by implementing the following requirements:

(i) Each closed-vent system that is used to comply with subparagraph (10)(i) of this subdivision shall be inspected and monitored in accordance with the following requirements:

('a') An initial leak detection monitoring of the closed-vent system shall be conducted by the owner or operator on or before the date that the system becomes subject to this subdivision. The owner or operator shall monitor the closed-vent system components and connections using the procedures specified in paragraph 373-3.27(e)(2) of this section to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background.

('b') After initial leak detection monitoring required in clause (11)(i)('a') of this subdivision, the owner or operator shall inspect and monitor the closed-vent system as follows:

('1') Closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air pollutant emissions. The owner or operator shall monitor a component or connection using the procedures specified in paragraph 373-3.27(e)(2) of this section to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).

('2') Closed-vent system components or connections other than those specified in subclause (11)(i)('b')('1') of this subdivision shall be monitored annually and at other times as requested by the commissioner, except as provided for in paragraph (14) of this subdivision, using the procedures specified in paragraph 373-3.27(e)(2) of this section to demonstrate that the components or connections operate with no detectable emissions.

('c') In the event that a defect or leak is detected, the owner or operator shall repair the defect or leak in accordance with the requirements of subparagraph (11)(iii) of this subdivision.

('d') The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in subdivision 373-3.27(f) of this section.

(ii) Each closed-vent system that is used to comply with subparagraph (10)(ii) of this subdivision shall be inspected and monitored in accordance with the following requirements:

('a') The closed-vent system shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork or piping or loose connections.

('b') The owner or operator shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year.

('c') In the event that a defect or leak is detected, the owner or operator shall repair the defect in accordance with the requirements of subparagraph (11)(iii) of this subdivision.

('d') The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in subdivision 373-3.27(f) of this section.

(iii) The owner or operator shall repair all detected defects as follows:

('a') Detectable emissions, as indicated by visual inspection, or by an instrument reading greater than 500 ppmv above background, shall be controlled as soon as practicable, but not later than 15 calendar days after the emission is detected, except as provided for in clause (11)(iii)('c') of this subdivision.

('b') A first attempt at repair shall be made no later than 5 calendar days after the emission is detected.

('c') Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown.

('d') The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in subdivision 373-3.27(f) of this section.

(12) Closed-vent systems and control devices used to comply with provisions of this section shall be operated at all times when emissions may be vented to them.

(13) The owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon:

(i) Regenerated or reactivated in a thermal treatment unit that meets one of the following:

('a') The owner or operator of the unit has been issued a final permit under Subpart 373-1 of this Title which implements the requirements of section 373-2.24 of this Title, or for a unit not located in New York State, under authority from 40 CFR Part 270 which implements the requirements of 40 CFR 264 Subpart X, or equivalent authority; or

('b') The unit is equipped with and operating air emission controls in accordance with the applicable requirements of either section 373-3.27 and 373-3.29 of this Subpart or sections 373-2.27 and 373-2.29 of this Title; or

('c') The unit is equipped with and operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63 as incorporated by reference in subdivision 370.1(e) of this Title.

(ii) Incinerated in a hazardous waste incinerator for which the owner or operator either:

('a') Has been issued a final permit under Subpart 373-1 of this Title which implements the requirements of section 373-2.15 of this Part, or for a unit not located in New York State, under authority from 40 CFR Part 270 which implements the requirements of 40 CFR 264 Subpart X, or equivalent authority; or

('b') Has designed and operates the incinerator in accordance with the interim status requirements of section 373-3.15 of this Subpart.

(iii) Burned in a boiler or industrial furnace for which the owner or operator either:

('a') Has been issued a final permit under Subpart 373-1 of this Title which implements the requirements of section 374-1.8 of this Title, or for a unit not located in New York State, under authority from 40 CFR Part 270 which implements the requirements of 40 CFR 264 Subpart X, or equivalent authority; or

('b') Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of section 374-1.8 of this Title.

(14) Any components of a closed-vent system that are designated, as described in subparagraph 373-3.27(f)(3)(ix) of this section, as unsafe to monitor are exempt from the requirements of subclause (11)(i)('b')('2') of this subdivision if:

(i) The owner or operator of the closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subclause (11)(i)('b')('2') of this subdivision; and

(ii) The owner or operator of the closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in subclause (11)(i)('b')('2') of this subdivision as frequently as practicable during safe-to-monitor times.

(e) Test methods and procedures.

(1) Each owner or operator subject to the provisions of this section shall comply with the test methods and procedures requirements provided in this subdivision.

(2) When a closed-vent system is tested for compliance with no detectable emissions, as required in paragraph 373-3.27(d)(11) of this section, the test shall comply with the following requirements:

(i) Monitoring shall comply with Reference Method 21 in 40 CFR part 60 (see 6 NYCRR 370.1(e)).

(ii) The detection instrument shall meet the performance criteria of Reference Method 21.

(iii) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.

(iv) Calibration gases shall be:

('a') Zero air (less than 10 ppm of hydrocarbon in air).

('b') A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.

(v) The background level shall be determined as set forth in Reference Method 21.

(vi) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.

(vii) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.

(3) Performance tests to determine compliance with paragraph 373-3.27(c)(1) and with the total organic compound concentration limit of paragraph 373-3.27(d)(3) shall comply with the following:

(i) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:

('a') Method 2 in 40 CFR part 60 (see 6 NYCRR 370.1(e)) for velocity and volumetric flow rate.

('b') Method 18 in 40 CFR part 60 (see 6 NYCRR 370.1(e)) for organic content.

('c') Each performance test shall consist of three separate runs; each run conducted for at least 1 hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis.

('d') Total organic mass flow rates shall be determined by the following equation:

E_h=Q_sd x (summation_{{1=1 to n}}(C _iMW_i)) x (0.0416) x (10^-6)

where:

E_h = Total organic mass flow rate, kg/h;

Q_sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

n = Number of organic compounds in the vent gas;

C _i = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;

MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol;

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);

10-6 = Conversion from ppm, ppm-1.

('e') The annual total organic emission rate shall be determined by the following equation:

EA = (E_h)(H)

where:

EA = Total organic mass emission rate, kg/y;

E_h = Total organic mass flow rate for the process vent, kg/h;

H = Total annual hours of operations for the affected unit, h.

('f') Total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates (E_h, as determined in clause (3)(i)('d') of this subdivision) and by summing the annual total organic mass emission rates (EA, as determined in clause (3)(i)('e') of this subdivision) for all affected process vents at the facility.

(ii) The owner or operator shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test.

(iii) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:

('a') Sampling ports adequate for the test methods specified in subparagraph (3)(i) of this subdivision.

('b') Safe sampling platform(s).

('c') Safe access to sampling platform(s).

('d') Utilities for sampling and testing equipment.

(iv) For the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner or operator's control, compliance may, upon the Commissioner's approval, be determined using the average of the results of the two other runs.

(4) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this section, the owner or operator must make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:

(i) Direct measurement of the organic concentration of the waste using the following procedures:

('a') The owner or operator must take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration.

('b') For waste generated onsite, the grab samples must be collected at a point before the waste is exposed to the atmosphere, such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For waste generated offsite, the grab samples must be collected at the inlet to the first waste management unit that receives the waste, provided the waste has been transferred to the facility in a closed system such as a tank truck and the waste is not diluted or mixed with other waste.

('c') Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060 or 8260 of SW-846 (incorporated by reference under subdivision 370.1(e)).

('d') The arithmetic mean of the results of the analyses of the four samples shall apply for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. The time-weighted average is to be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit.

(ii) Using knowledge of the waste to determine that its total organic concentration is less than 10 ppmw. Documentation of the waste determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is ge

Subpart 373-3: Interim Status Standards For Owners and Operators Of Hazardous Waste Facilities - Page 3

Contents:

§373-3.12 - Waste Piles

§373-3.13 - Land Treatment

§373-3.14 - Landfills

§373-3.15 - Incinerators

§373-3.16 - Thermal Treatment

§373-3.17 - Chemical, Physical and Biological Treatment

§373-3.18 - Underground Injection

§373-3.19 through 373-3.22 - Reserved

§373-3.23 Drip Pads.

§373-3.24 through 373-3.26 - Reserved

§373-3.27 - Air Emission Standards for Process Vents