N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 373-1.4 - Permit application requirements

(a)General.

(1) These requirements apply to the owner or operator of a hazardous waste management facility who is required by this Part to apply for a permit to construct or operate a facility. At any time after promulgation of this Part, the owner or operator of an existing hazardous waste management facility which has interim status may be required to submit a Part 373 permit application. Any owner or operator will be allowed at least six months from the date of request to submit the permit application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit a Part 373 permit application at any time. Procedures for application, issuance and administration of research, development and demonstration permits are found exclusively in section 373-1.9(c) of this Subpart. The expanded public participation requirements are included in section 373-1.10 of this Subpart.

(2) Permit applicant. Whenever the owner and the operator of a facility are different persons, both the owner and the operator will be issued a permit for the facility. The operator is responsible for obtaining the required permit, but the owner is also required to sign the permit application. The operator must also receive the owner's permission to conduct all regulated activities, including adequate agreement for site access during the post-closure period for disposal facilities. Failure to furnish a requested Part 373 permit application on time, or to furnish in full the information required by the permit application, is grounds for termination of interim status under section 373-1.3(h) of this Subpart and constitutes a violation of this Subpart.

(3) Forms. Applications for permits pursuant to this Part must be submitted on forms prescribed by the commissioner.

(4) Submission of applications. Applications must be submitted as described in this section and section 373-1.3(c)-(h) of this Subpart to the regional permit administrator in the region in which the facility is located or proposed. An application for a Part 373 permit for a new hazardous waste management facility may be filed any time after promulgation of the standards in Subpart 373-2 of this Part, however, all applications must be submitted at least 180 days before physical construction is expected to commence.

(5) Signatories to permit applications and reports.

(i) Applications. All permit applications must be signed as follows:

(a) for a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means:

(1) a president, secretary, treasurer or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decisionmaking functions for the corporation; or

(2) the manager of one or more manufacturing, production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million (in second-quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures;

(b) for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or

(c) for a municipality, State, Federal or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a governmental agency includes:

(1) the chief executive officer of the agency; or

(2) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

(ii) Reports. All reports required by permits and other information requested by the commissioner must be signed by a person described in subparagraph (i) of this paragraph, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

(a) the authorization is made in writing by a person described in subparagraph (i) of this paragraph;

(b) the authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(c) the written authorization is submitted to the commissioner.

(iii) Changes to authorization. If an authorization under subparagraph (ii) of this paragraph is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subparagraph (ii) must be submitted to the commissioner prior to or together with any reports, information or applications to be signed by an authorized representative.

(iv) Certification.

(a) Any person signing a document under subparagraph (i) or (ii) of this paragraph shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision according to a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(b) For remedial action plans (RAPs) under section 373-1.11 of this Subpart, if the operator certifies according to clause (a) of this subparagraph, then the owner may choose to make the following certification instead of the certification in clause (a) of this subparagraph:

"Based on my knowledge of the conditions of the property described in the RAP and my inquiry of the person or persons who manage the system referenced in the operator's certification, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

(b)Completeness.

Prior to commencing review of any application, the commissioner must determine that the application is complete. However, the commissioner may deny a permit for the active life of a hazardous waste management facility or unit before receiving a complete application for a permit. In order for an application to be determined complete, the applicant must:

(1) satisfy the general requirements for complete applications contained in Part 621 of this Title (Uniform Procedures Regulations);

(2) include all information required, both general and specific to the type of facility under this Part;

(3) include any supplemental information requested by the commissioner in a notice of incompleteness; and

(4) submit the exposure information described in section 373-1.5(d)(10) and (h)(10) of this Subpart.

(c)Siting certificate requirements.

Certain facilities will require a certificate of environmental safety and public necessity pursuant to title 11 of article 27 of the ECL and Part 377 of this Title.

(d)Draft permits for RCRA delegated permits.

(1) In the case of RCRA delegated permits, once an application is complete, the commissioner will issue a draft permit or a notice of intent to deny the application.

(2) A draft permit shall contain the following information:

(i) all permit conditions applicable to the specific facility as set forth in section 373-1.6(a) of this Subpart;

(ii) all monitoring requirements set forth in section 373-1.6(b);

(iii) all required conditions as set forth in section 373-1.6(c); and

(iv) all compliance schedule requirements set forth in section 373-1.6(d).

(3) All draft permits prepared under this subdivision shall be accompanied by a statement of basis or fact sheet based on the administrative record publicly noticed and made available for public comment as set forth in Part 621 of this Title.

(e)Statement of basis.

The department shall prepare a statement of basis for every draft permit for which a fact sheet under subdivision (f) of this section is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision. The statement of basis shall be sent to the applicant and, on request, to any other person.

(f)Fact sheet.

(1) A fact sheet shall be prepared for every draft permit for a major HWM facility and for every draft permit which the commissioner finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The commissioner shall send this fact sheet to the applicant and, on request, to any other person.

(2) The fact sheet shall include, when applicable:

(i) a brief description of the type of facility or activity which is the subject of the draft permit;

(ii) the type and quantity of wastes, fluids or pollutants which are proposed to be or are being treated, stored, disposed of, injected, emitted or discharged;

(iii) a brief summary of the basis for the draft permit conditions, including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record;

(iv) reasons why any requested variances or alternatives to required standards do or do not appear justified;

(v) a description of the procedures for reaching a final decision on the draft permit, including:

(a) the beginning and ending dates of the comment period and the address where comments will be received;

(b) procedures for requesting a hearing and the nature of that hearing; and

(c) any other procedures by which the public may participate in the final decision; and

(vi) name and telephone number of a person to contact for additional information.

(g)Recordkeeping.

Applicants must keep records of all data used to complete permit applications and any supplemental information submitted under sections 373-1.3, 373-1.4 and 373-1.5 of this Subpart for a period of at least three years from the date the application is signed.

(h) If the department concludes, based on one or more of the factors listed in paragraph (1) of this subdivision, that compliance with the standards of 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title, alone may not be protective of human health and/or the environment, the department will require additional information or assessment(s) necessary to determine whether additional controls are necessary to ensure protection of human health and the environment. This includes information necessary to evaluate the potential risk to human health and/or the environment resulting from both direct and indirect exposure pathways. The department may also require a permittee or applicant to provide information necessary to determine whether such an assessment(s) should be required.

(1) The department will base the evaluation of whether compliance with the standards of 40 CFR part 63, subpart EEE, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title, alone is protective of human health and the environment on factors relevant to the potential risk from a hazardous waste combustion unit, including, as appropriate, any of the following factors:

(i) particular site-specific considerations including unique dispersion patterns, proximity to receptors (such as schools, hospitals, nursing homes, day care centers, parks, community activity centers, or other potentially sensitive receptors), and other relevant considerations;

(ii) identities and quantities of emissions of persistent, bioaccumulative or toxic pollutants considering enforceable controls in place to limit those pollutants;

(iii) identities and quantities of non-dioxin products of incomplete combustion most likely to be emitted and to pose significant risk based on known toxicities (confirmation of which should be made through emissions testing);

(iv) identities and quantities of other off-site sources of pollutants in proximity of the facility that significantly influence interpretation of a facility-specific risk assessment;

(v) presence of significant ecological considerations, such as the proximity of a particularly sensitive ecological area;

(vi) volume and types of wastes, for example wastes containing highly toxic constituents;

(vii) other on-site sources of hazardous air pollutants that significantly influence interpretation of the risk posed by the operation of the source in question;

(viii) adequacy of any previously conducted risk assessment, given any subsequent changes in conditions likely to affect risk; and

(ix) such other factors as may be appropriate.

(i) The commissioner may require a permittee or an applicant to submit information in order to establish permit conditions under section 373-1.6(c)(2) of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.4

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

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020