N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-1.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 362-1.3 - Registered facilities

Unless otherwise exempt, facilities of the following types are subject to the registration provision of section 360.15 of this Title. Each facility identified in this section must obtain a registration from the department and comply with Part 360 of this Title and the following operational requirements:

(a) a facility that combusts or thermally treats waste tires, where:

(1) the process feedrate does not exceed 10 tons per day;

(2) the amount of waste tires stored at the facility does not exceed 100 tons at any time;

(3) waste tires are stored in an enclosed building, enclosed trailers, or other enclosed portable containers;

(4) sufficient water is available on-site to provide moisture to the piles or douse fires;

(5) documentation is available at the facility that demonstrates that storage configuration and fire prevention and protection systems comply with State and local building and fire codes; and

(6) the facility maintains financial assurance in an amount sufficient to cover the costs of closure of the facility in compliance with sections 360.21 and 360.22 of this Title;

(b) a facility that combusts or thermally treats used cooking oil or yellow grease, where:

(1) the process feedrate does not exceed 1,000 gallons per day;

(2) on-site storage of used cooking oil and yellow grease does not exceed 500,000 gallons;

(3) a secondary containment system is in place for all storage of unprocessed and processed used cooking oil and yellow grease. The secondary containment system must be at least 110 percent of the volume of the largest tank or the total volume of all interconnected tanks, whichever is greater. All storage tanks must have an overfill prevention system;

(4) documentation is available at the facility that fire prevention and protection systems comply with State and local building and fire codes; and

(5) the facility maintains and follows an operation and maintenance plan that includes at a minimum:

(i) procedures to ensure that no unauthorized waste, including brown grease, is received at the facility or, if received, is removed for appropriate treatment and disposal within five days of receipt, unless otherwise authorized by the department in writing;

(ii) inventory procedures to ensure that no unprocessed oil or grease is stored at the facility for more than 30 days, no processed oil or grease is stored longer than 12 months, and no residue is stored longer than seven days;

(iii) monthly vector inspection and appropriate mitigation;

(iv) procedures for spill prevention and for appropriate management of spills that may occur; and

(v) procedures for the appropriate disposition of wastewater and any waste generated by processing;

(c) a facility that stores, prior to combustion, a traditional fuel or an alternative fuel, where the traditional or alternative fuel is stored in an enclosed building, enclosed trailers, or other enclosed portable containers.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 362-1.3

Adopted New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

Amended New York State Register June 7, 2023/Volume XLV, Issue 23, eff. 7/22/2023

Amended New York State Register June 21, 2023/Volume XLV, Issue 25, eff. 7/23/2023