N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.7

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

Section 373-1.7 - Permit modifications

(a)Transfer of permits.

(1) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified under subdivision (b) of this section and Part 621 of this Title to identify the new permittee and incorporate such other requirements as may be necessary.

(2) Changes in the ownership or operational control of a facility may be made as a minor modification with prior written approval of the commissioner in accordance with subdivision (c) of this section. The new owner or operator must submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility between the current and new permittees must also be submitted to the commissioner. When a transfer of ownership or operational control occurs, the previous owner or operator shall comply with the requirements of section 373-2.8 (Financial requirements) of this Part until the new owner or operator has demonstrated that he or she is complying with the requirements of that section. The new owner or operator must demonstrate compliance with section 373-2.8 requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the commissioner by the new owner of compliance with section 373-2.8, the commissioner shall notify the previous owner or operator that he or she no longer needs to comply with section 373-2.8 as of the date of demonstration.

(b)Modification of permits.

Every application for modifications to a permit will be processed pursuant to Part 621 of this Title.

(c)Minor modification of RCRA-delegated permits.

An application for modification of an RCRA-delegated permit may be processed pursuant to Part 621 of this Title without being treated as a new application for only the following changes under the indicated categories:

(1) General permit provisions.

(i) administrative and informational changes;

(ii) correction of typographical errors;

(iii) equipment replacement or upgrading with functionally equivalent components (e.g., pipes, valves, pumps, conveyors, controls);

(iv) changes in the frequency of or procedures for monitoring, reporting, sampling, or maintenance activities by the permittee to provide for more frequent monitoring, reporting, sampling, or maintenance;

(v) schedule of compliance: changes in interim compliance dates, with prior approval of the commissioner;

(vi) changes in expiration date of permit to allow earlier permit termination, with prior approval of the commissioner; and

(vii) changes in ownership or operational control of a facility, provided the procedures of paragraph (a)(2) of this section are followed.

(viii) changes to remove permit conditions that are no longer applicable or that result from the facility opting out pursuant to subparagraph (12)(iv) of this subdivision (i.e., because the standards upon which they are based are no longer applicable to the facility).

(2) General facility standards.

(i) changes to waste sampling or analysis methods:

(a) to conform with department guidance or regulations;

(b) to incorporate changes associated with underlying hazardous constituents in ignitable or corrosive wastes;

(c) to incorporate changes associated with F039 (multi-source leachate) sampling or analysis methods;

(ii) changes to analytical quality assurance/control plan to conform with department guidance or regulations;

(iii) changes in procedures for maintaining the operating record;

(iv) changes in the training plan other than those that affect the type or decrease the amount of training given to employees;

(v) contingency plan:

(a) replacement with functionally equivalent equipment, upgrade, or relocate emergency equipment listed;

(b) changes in name, address, or phone number of coordinators or other persons or agencies identified in the plan;

(vi) construction quality assurance plan:

(a) changes that the CQA officer certifies in the operating record will provide equivalent or better certainty that the unit components meet design specifications.

Note:

When a permit modification (such as introduction of a new unit) requires a change in facility plans or other general facility standards, that change shall be reviewed under the same procedures as the permit modification.

(3) Ground-water protection.

(i) Changes to wells:

(a) replacement of an existing well that has been damaged or rendered inoperable, without change to location, design, or depth of the well;

(ii) changes in ground-water sampling or analysis procedures or monitoring schedule, with prior approval of the commissioner;

(iii) changes in statistical procedure for determining whether a statistically significant change in ground-water quality between upgradient and downgradient wells has occurred, with prior approval of the commissioner.

(4) Closure.

(i) Changes to the closure plan:

(a) changes in estimate of maximum extent of operations or maximum inventory of waste on-site at any time during the active life of the facility, with prior approval of the commissioner;

(b) changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior approval of the commissioner;

(c) changes in the expected year of final closure, where other permit conditions are not changed, with prior approval of the commissioner;

(d) changes in procedures for decontamination of facility equipment or structures, with prior approval of the commissioner.

(ii) Addition of the following new units to be used temporarily for closure activities:

(a) tanks used for neutralization, dewatering, phase separation, or component separation, with prior approval of the commissioner.

(5) Post-closure.

(i) changes in name, address, or phone number of contact in post-closure plan;

(ii) changes to the expected year of final closure, where other permit conditions are not changed.

(6) Containers.

(i) Modification or addition of container units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards with prior approval of the commissioner. This modification may also involve addition of new waste codes or narrative descriptions of wastes. It is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(ii) Addition of a roof to a container unit without alteration of the containment system.

(iii) Storage or treatment of different wastes in containers:

(a) that require addition of units or change in treatment process or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028);

(b) that do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(7) Tanks.

(i) After prior approval of the commissioner, addition of a new tank that will operate for up to 90 days using any of the following physical or chemical treatment technologies: neutralization, dewatering, phase separation, or component separation.

(ii) Modification or addition of tank units or treatment processes necessary to treat wastes that are restricted from land disposal to meet some or all of the applicable treatment standards, with prior approval of the commissioner. This modification may also involve addition of new waste codes. It is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(iii) Replacement of a tank with a tank that meets the same design standards and has a capacity within +/-10 percent of the replaced tank provided:

(a) the capacity difference is no more than 1,500 gallons;

(b) the facility's permitted tank capacity is not increased; and

(c) the replacement tank meets the same conditions in the permit.

(iv) Management of different wastes in tanks:

(a) that require addition of units or change in treatment processes or management standards, provided that the wastes are restricted from land disposal and are to be treated to meet some or all of the applicable treatment standards. The modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(b) that do not require the addition of units or a change in the treatment process or management standards, and provided that the units have previously received wastes of the same type (e.g., incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

Note:

see subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(8) Surface impoundments.

(i) Treatment, storage, or disposal of different wastes in surface impoundments:

(a) that are wastes restricted from land disposal that meet the applicable treatment standards, and provided that the unit meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and section 376.1(e)(8)(ii) of this Title. This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028);

(b) that are residues from wastewater treatment or incineration, provided that disposal occurs in a unit that meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and section 376.1(e)(8)(ii) of this Title, and provided further that the surface impoundment has previously received wastes of the same type (for example, incinerator scrubber water). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(ii) Modifications of unconstructed units to comply with section 373-2.11(b)(3), (d)(4), (j) and (k) of this Part.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(9) Enclosed waste piles. For all waste piles except those complying with section 373-2.12(a)(3) of this Part, modifications are treated the same as for al landfill. The following modifications are applicable only to waste piles complying with section 373-2.12(a)(3).

(i) Replacement of a waste pile unit with another waste pile unit of the same design and capacity and meeting all waste pile conditions in the permit.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(10) Landfills and unenclosed waste piles.

(i) Landfill different wastes:

(a) that are wastes restricted from land disposal that meet the applicable treatment standards, and provided that the landfill unit meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and section 376.1(e)(8)(ii) of this Title. This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028);

(b) that are residues from wastewater treatment or incineration, provided that disposal occurs in a landfill unit that meets the minimum technological requirements stated in both 40 CFR 268.5(h)(2) and section 376.1(e)(8)(ii) of this Title, and provided further that the landfill has previously received wastes of the same type (for example, incinerator ash). This modification is not applicable to dioxin-containing wastes (F020, F021, F022, F023, F026, F027, and F028).

(ii) Modifications of unconstructed units to comply with sections 373-2.12(b)(3), (e), (j) and (k), 373-2.14(c)(3), (e)(3), (n) and (o) of this Part.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(11) Land treatment.

(i) Modification of a land treatment unit management practice to decrease rate of waste application.

(ii) Changes in any condition specified in the permit for a land treatment unit to reflect results of the land treatment demonstration, provided performance standards are met, and the commissioner's prior approval has been received.

(iii) Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, provided the conditions for the second demonstration are substantially the same as the conditions for the first demonstration and have received the prior approval of the commissioner.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(12) Incinerators, boilers and industrial furnaces.

(i) Shakedown and trial burn:

(a) authorization of up to an additional 720 hours of waste burning during the shakedown period for determining operational readiness after construction, with the prior approval of the commissioner;

(b) changes in the operating requirements set in the permit for conducting a trial burn, provided the change is minor and has received the prior approval of the commissioner;

(c) changes in the ranges of the operating requirements set in the permit to reflect the results of the trial burn, provided the change is minor and has received the prior approval of the commissioner.

(ii) Substitution of an alternate type of nonhazardous waste fuel that is not specified in the permit.

(iii) Technology changes needed to meet standards under 40 CFR part 63 (subpart EEE, National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors), as incorporated by reference and implemented by section 200.10(a) and (d) of this Title, provided the procedures of subdivision (j) of this section are followed.

(iv) Transition from Part 373 permit provisions to 40 CFR part 63 subpart EEE. Changes to this Part permit provisions needed to support transition to 40 CFR part 63 (subpart EEE, National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors), as incorporated and implemented by section 200.10(a) and (d) of this Title, provided the procedures of subdivision (k) of this section are followed.

(13) Containment buildings.

(i) Replacement of a containment building that meets the same design standards provided:

(a) the unit capacity is not increased; and

(b) the replacement containment building meets the same conditions specified in the permit.

(14) Temporary authorizations.

(i) Conduct, for a term of not more than 180 days, or, if extended, for not more than a total of 360 days, of a modification which is a major modification (not otherwise a minor modification) and which meets the criteria given in subdivision (f) of this section.

(15) Other modifications.

(i) In the case of modifications not explicitly listed as minor or major, the permittee may submit a request for permit modification and request that it be classified and administered as a modification under Part 621 (Uniform Procedures) of this Title, and as a minor or major modification under this Part. This request must include information supporting the requested classification.

(ii) The department shall determine whether the request qualifies to be administered as a modification or an application for a new permit in accordance with section 621.11 (Uniform Procedures) of this Title. In making this determination, the department shall consider the degree to which the proposed changes are similar to those listed above and the following criteria:

(a) minor modifications apply to minor changes that keep the permit current with routine changes to the facility or its operation. These changes do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment.

(d)Major modifications.

Major modifications include, but are not limited to, the following:

(1) General permit provisions.

(i) Extension of final compliance date.

(2) Groundwater protection.

(i) Changes in indicator parameters, hazardous constituents, or concentration limits (including ACLs), as specified in the groundwater protection standard.

(ii) Compliance monitoring program:

(a) Addition of compliance monitoring program as required by section 373-2.6(i)(8)(iv) and (j)(10)(iii) of this Part.

(iii) Corrective action program:

(a) Addition of a corrective action program as required by section 373-2.6(j)(11) and (k) of this Part.

(3) Closure.

(i) Creation of a new landfill unit as part of closure.

(ii) Addition of the following new units to be used temporarily for closure activities:

(a) surface impoundments;

(b) incinerators; and

(c) waste piles that do not comply with section 373-2.12(a)(3) of this Part.

(4) Post-closure.

(i) Reduction in the post-closure care period.

(5) Containers.

(i) Modification or addition of container units resulting in greater than 25 percent increase in the facility's container storage capacity, except as provided in subparagraph (c)(6)(i) and clause (c)(6)(iii)(a) of this section.

(ii) Storage of different wastes in containers, except as provided in subparagraph (c)(6)(iii) of this section, that require additional or different management practices from those authorized in the permit.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(6) Tanks.

(i) Modification or addition of tank units resulting in greater than 25 percent increase in the facility's tank capacity, except as provided in subparagraphs (c)(7)(i) and (ii) of this section.

(ii) Management of different wastes in tanks:

(a) that require additional or different management practices, tank design, different fire protection specifications, or significantly different tank treatment process from that authorized in the permit, except as provided in clause (c)(7)(iv)(a) of this section.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(7) Surface impoundments.

(i) Modification or addition of surface impoundment units that result in increasing the facility's surface impoundment storage or treatment capacity.

(ii) Replacement of a surface impoundment unit.

(iii) Treatment, storage, or disposal of different wastes in surface impoundments that require additional or different management practices or different design of the liner or leak detection system than authorized in the permit.

(iv) Changes in response action plan:

(a) increase in action leakage rate;

(b) change in a specific response reducing its frequency or effectiveness.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(8) Enclosed waste piles. For all waste piles except those complying with section 373-2.12(a)(3) of this Part, modifications are treated the same as for a landfill. The following modifications are applicable only to waste piles complying with section 373-2.12(a)(3) of this Part.

(i) Modification or addition of waste pile units resulting in greater than 25 percent increase in the facility's waste pile storage or treatment capacity.

(ii) Storage or treatment of different wastes in waste piles that require additional or different management practices or different design of the unit.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(9) Landfills and unenclosed waste piles.

(i) Modification or addition of landfill units that result in increasing the facility's disposal capacity.

(ii) Replacement of a landfill.

(iii) Addition or modification of a liner, leachate collection system, leachate detection system, runoff control, or final cover system.

(iv) Landfill different wastes that require additional or different management practices, different design of the liner, leachate collection system, or leachate detection system.

(v) Changes in response action plan:

(a) increase in action leakage rate;

(b) change in a specific response reducing its frequency or effectiveness.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(10) Land treatment.

(i) Lateral expansion of or other modification of a land treatment unit to increase areal extent.

(ii) Modify run-off control system.

(iii) Management of different wastes in land treatment units that require a change in permit operating conditions or unit design specifications.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(iv) Modification of a land treatment unit management practice to increase rate or change method of waste application.

(v) Modification of a land treatment unit management practice to grow food chain crops, to add or replace existing permitted crops with different food chain crops, or to modify operating plans for distribution of animal feeds resulting from such crops.

(vi) Modification of operating practice due to detection of releases from the land treatment unit pursuant to section 373-2.13(f)(7)(ii) of this Part.

(vii) Changes in the unsaturated zone monitoring system, resulting in a change to the location, depth, number of sampling points, or replace unsaturated zone monitoring devices or components of devices with devices or components that have specifications different from permit requirements.

(viii) Changes to allow a second land treatment demonstration to be conducted when the results of the first demonstration have not shown the conditions under which the wastes can be treated completely, where the conditions for the second demonstration are not substantially the same as the conditions for the first demonstration.

(11) Incinerators, boilers, and industrial furnaces.

(i) Changes to increase by more than 25 percent any of the following limits authorized in the permit: a thermal feed rate limit, a feedstream feed rate limit, a chlorine/chloride feed rate limit, a metal feed rate limit, or an ash feed rate limit. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

(ii) Modification of an incinerator, boiler, or industrial furnace unit by changing the internal size or geometry of the primary or secondary combustion units, by adding a primary or secondary combustion unit, by substantially changing the design of any component used to remove hydrogen chloride, chlorine, metals, or particulate from the combustion gases, or by changing other features of the incinerator, boiler, or industrial furnace that could affect its capability to meet the regulatory performance standards. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

(iii) Operating requirements:

(a) Modification of the limits specified in the permit for minimum or maximum combustion gas temperature, minimum combustion gas residence time, oxygen concentration in the secondary combustion chamber, flue gas carbon monoxide and hydrocarbon concentration, maximum temperature at the inlet to the particulate matter emission control system, or operating parameters for the air pollution control system. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

(b) Modification of any stack gas emission limits specified in the permit, or modification of any conditions in the permit concerning emergency shutdown or automatic waste feed cutoff procedures or controls.

(iv) Burning different wastes if the waste contains a POHC that is more difficult to burn than authorized by the permit or if burning of the waste requires compliance with different regulatory performance standards than specified in the permit. The commissioner will require a new trial burn to substantiate compliance with the regulatory performance standards unless this demonstration can be made through other means acceptable to the commissioner.

Note:

See subdivision (g) of this section for modification procedures to be used for the management of newly listed or identified wastes.

(12) Containment buildings.

(i) Modification or addition of containment building units resulting in greater than 25 percent increase in the facility's containment building storage treatment capacity.

(ii) Storage or treatment of different wastes in containment buildings that require additional or different management practices.

(13) Corrective action.

(i) Approval of a corrective action management unit pursuant to section 373-2.19(a) of this Part.

(e)Announcement of determination.

Upon receipt of the commissioner's determination, the permittee must send an announcement of every minor modification to all persons on the facility mailing list maintained by the commissioner under section 621.7(i)(7) of this Title, to any unit of local government having jurisdiction over the area where the facility is proposed to be located, and to each State agency having any authority under State law with respect to the construction or operation of such facility. This announcement must be made within 90 calendar days after the commissioner approves the request as a minor modification.

(f)Temporary authorizations.

(1) Upon request of the permittee, the commissioner may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with this subdivision. Temporary authorizations must have a term of not more than 180 days.

(2)

(i) The permittee may request a temporary authorization for any modification which would otherwise be a major modification that meets the criteria in clause (3)(ii)(a) or (b) of this subdivision; or that meets the criteria in clauses (3)(ii)(c) through (e) of this subdivision and provides improved management or treatment of a hazardous waste already listed in the facility permit.

(ii) The temporary authorization request must include:

(a) a description of the activities to be conducted under the temporary authorization;

(b) an explanation of why the temporary authorization is necessary; and

(c) sufficient information to ensure compliance with the Part 373 standards.

(iii) The permittee must send an announcement about the temporary authorization request to all persons on the facility mailing list maintained by the commissioner under section 621.7(i)(7) of this Title, to any unit of local government having jurisdiction over the area where the facility is proposed to be located, and to each State agency having any authority under State law with respect to the construction or operation of such facility. This announcement must be made within seven days of submission of the authorization request.

(3) The commissioner shall approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the commissioner must find:

(i) The authorized activities are in compliance with the Part 373 standards.

(ii) The temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:

(a) to facilitate timely implementation of closure or corrective action activities;

(b) to allow treatment or storage in tanks or containers, or in containment buildings, in accordance with the Land Disposal Restrictions contained in 40 CFR part 268 and Part 376 of this Title;

(c) to prevent disruption of ongoing waste management activities;

(d) to enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under the facility permit; or

(e) to facilitate other changes to protect human health and the environment.

(4) A temporary authorization may be reissued for one additional term of up to 180 days provided that the permittee has requested major permit modification for the activity covered in the temporary authorization, and the commissioner determines that the reissued temporary authorization involving a major permit modification request is warranted to allow the authorized activities to continue while the modification procedures are conducted.

(g)Newly regulated wastes and units.

(1) The permittee is authorized to continue to manage wastes listed or identified as hazardous under 6 NYCRR Part 371, or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if:

(i) the unit was in existence as a hazardous waste facility with respect to the newly listed or characterized waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit;

(ii) the permittee submits a minor modification request on or before the date on which the waste or unit becomes subject to the new requirements;

(iii) the permittee is in compliance with the standards of Subparts 373-1 and 373-3 (Interim Status standards) and Subpart 374-1 of this Title;

(iv) the permittee also submits a complete major permit modification request within 180 days of the effective date of the rule listing or identifying the waste or subjecting the unit to article 27, title 9 of the ECL, and 6 NYCRR Part 370 et seq., management standards; and

(v) in the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable requirements of Subpart 373-3 of this Part for ground-water monitoring and financial responsibility on the date 12 months after the effective date of the rule identifying or listing the waste as hazardous, or regulating the unit as a hazardous waste management unit. If the owner or operator fails to certify compliance with all these requirements, he or she shall lose authority to operate under this section.

(h)Military hazardous waste munitions treatment and disposal.

The permittee is authorized to continue to accept waste military munitions notwithstanding any permit conditions barring the permittee from accepting off-site wastes, if:

(1) the facility was in existence as a hazardous waste facility, and the facility was already permitted to handle the waste military munitions, on the date when the waste military munitions became subject to hazardous waste regulatory requirements;

(2) on or before the date when the waste military munitions become subject to hazardous waste regulatory requirements, the permittee submits a minor modification request to remove or amend the permit provision restricting the receipt of off-site waste munitions; and

(3) the permittee submits a complete major modification request within 180 days of the date when the waste military munitions became subject to hazardous waste regulatory requirements.

(i)Permit modification list.

The commissioner must maintain a list of all approved permit modifications and must publish a notice once a year in the Environmental Notice Bulletin that an updated list is available for review.

(j)Combustion facility changes to meet part 63 MACT standards.

The following procedures apply to hazardous waste combustion facility permit modifications requested under subparagraph (c)(12)(iii) of this section.

(1) Facility owners or operators must have complied with the Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210 of subpart EEE that were in effect prior to October 11, 2000 (see 40 CFR part 63sections 1200 through 1499, revised as of July 1, 2000, as incorporated by reference in section 370.1[e][2][vi] of this Title,) in order to request a permit modification under this Subpart for the purpose of technology changes needed to meet the standards under 40 CFR part 63, subpart EEE, sections 1203, 1204 and 1205, as incorporated by reference and implemented by section 200.10(a) and (d) of this Title.

(2) Facility owners or operators must comply with the Notification of Intent to Comply (NIC) requirements of 40 CFR 63.1210(b) and 63.1212(a) of subpart EEE, as incorporated by reference and implemented by subdivisions 200.10(a) and (d) of this Title before a permit modification can be requested under this section for the purpose of technology changes needed to meet the 40 CFR part 63, subpart EEE, sections 1215, 1216, 1217, 1218, 1219, 1220, and 1221 standards, as incorporated by reference and implemented by subdivisions 200.10(a) and (d) of this Title.

(k) Waiver of this Part permit conditions in support of transition to the 40 CFR part 63 subpart EEE MACT standards, as incorporated and implemented by section 200.10(a) and (d) of this Title.

(1) The owner or operator may request that the department waive specific operation and emissions limits of this Part by submitting a minor modification request under subparagraph (c)(12)(iv) of this section. The owner or operator must:

(i) identify the specific of this Part permit operating and emissions limits which the owner or operator is requesting to waive;

(ii) provide an explanation of why the changes are necessary in order to minimize or eliminate conflicts between this Part permit and MACT compliance; and

(iii) discuss how the revised provisions will be sufficiently protective of human health and the environment.

(2) To request this modification in conjunction with MACT performance testing where the permit limits may only be waived during actual test events and pretesting, as defined under 40 CFR part 63, subpart EEE, sections 1207(h)(2)(i) and (ii), as incorporated by reference and implemented by sections 200.10(a) and (d) of this Title, for an aggregate time not to exceed 720 hours of operation (renewable at the discretion of the department), the owner or operator must:

(i) submit the modification request to the department at the same time as they submit the test plans to the department; and

(ii) the department will approve or deny the request contingent upon approval of the test plans.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-1.7

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