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Express Terms - Adopted Amendments to Repeal/Amend 6 NYCRR Parts 500 and 750-758

Express terms Part 500, 750-758

Title 6 of the New York Codes, Rules, and Regulations (NYCRR) is amended as follows:

Part 371, "Identification and Listing of Hazardous Wastes"
Clause 371.1(e)(2)(xiii)(d) is amended to read as follows:
(d) discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is subject to regulation under section 307(b) or 402 of the Federal Clean Water Act and the State Pollution Discharge Elimination System (SPDES), [Parts] Part 750 [through 757] of this Title; and

Part 373, "Hazardous Waste Management Facilities"
Clause 373-1.1(d)(2)(ii)(c) is amended to read as follows:
(c) has a SPDES permit issued under Part [751] 750 of this Title and complies with the conditions of that permit and the requirements of [Parts] Part 750 [through 757] of this Title, State Pollutant Discharge Elimination System; and

The Note after subparagraph 373-2.10(d)(3)(iv) is amended to read as follows:
Note: If the collected material is a hazardous waste under Part 371 of this Title, it is subject to management as a hazardous waste in accordance with all applicable requirements of Parts 370 through 373 of this Title. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of Parts 701, 702, and [752] 750 of this Title. If discharged to a Publicly Owned Treatment Works (POTW), it is subject to the requirements of section 307 of the Clean Water Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR Part 302.

Part 380, "Prevent and Control of Environmental Pollution by Radioactive Materials"
Subdivision 380-3.2(a) is amended to read as follows:
(a) An application for a permit must satisfy the general requirements for complete applications contained in Part 621 of this Title. An application must also satisfy the information requirements in Part 201 for air discharges or [Parts] Part 750 [-758] for discharges to water where permits are required pursuant to these Parts, in addition to the general requirements under Part 621.

Part 500, entitled "Floodplain Management Regulations Development Permits," is repealed.

Part 598, "Handling and Storage of Hazardous Substances"
Section 598.3 is amended to read as follows:
Any tank system susceptible to inundation by water from any source must be adequately anchored to prevent flotation, collapse, or lateral movement that might be caused by hydrodynamic and hydrostatic loads, including the effect of buoyancy. Tanks must be designed, installed and maintained in accordance with operating standards set forth in NFPA No. 30, section 2-6.6 (see section 598.1 of this Part) and in accordance with State and local flood plain regulations. Dikes in flood plains must be designed and installed to withstand structural damage and overtopping by a 100 year flood. If tanks are ballasted with water during flood warning periods, tank valves and other openings must be closed and secured in a locked position in advance of the flood. Ballast water removed from the tank after the flood must not be discharged to the waters of the State unless such discharge is in conformance with the standards of Parts 701, 702, 703 and 750 [to 758] of this Title, as applicable.

Part 599, "Standards for New Hazardous Substance Tank Systems"
Paragraph 599.9(a)(3) is amended to read as follows:
(3) Stormwater discharges from a secondary containment system must be uncontaminated. Stormwater which is contaminated must be discharged and treated in accordance with department requirements imposed under Parts 701, 702, 703, and 750 [to 758] of this Title, as applicable.

Part 608, "Use and Protection of Waters"
Paragraphs 608.9(a)(1), (3), (4), and (5) are amended to read as follows:
(1) effluent limitations and water quality-related effluent limitations set forth in section [754.1] 750-1.11 of this Title;
(3) standards of performance for new sources set forth in section [754.1] 750-1.11 of this Title;
(4) effluent limitations, effluent prohibitions and pretreatment standards set forth in section [754.1] 750-1.11 of this Title;
(5) prohibited discharges set forth in section [751.2] 750-1.3 of this Title; and

Part 700, "Definitions, Samples and Tests"
Subdivision 700.2(e) is amended to read as follows:
(e) The location at which effluent samples are collected shall be at a point where the effluent emerges from a treatment works, disposal system, outlet or point source, and prior to being discharged to surface water or the ground, unless specified otherwise by a State Pollutant Discharge Elimination System (SPDES) permit issued pursuant to [Parts] Part 750 [-758] of this Title.

Part 702, "Derivation and use of Standards and Guidance Values"
Subdivision 702.20(b) is amended to read as follows:
(b) The department may require the installation and operation of monitoring facilities in order to assure compliance with effluent limitations or to evaluate the effect of the discharge on the quality of the groundwater. Specific monitoring requirements shall be established by the department on a case-by-case basis and as may be required by [Part 756] section 750-1.13 of this Title.

Part 703, "Surface Water and Groundwater Quality Standards and Groundwater Effluent Limitations"
Subdivision 703.6(d) is amended to read as follows:
(d) The groundwater effluent limitations shall be incorporated in SPDES permits (under Part 750 [et seq.] of this Title) for discharges to groundwaters, where applicable.


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