N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 219-4.9

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

Section 219-4.9 - Compliance schedule

(a) The owner or operator of an existing cremation unit shall:

(1) Obtain appropriate operator certifications, as described in Section 219-4.6 of this Subpart, within 12 months of the effective date of this Subpart for each uncertified operator at the facility;

2. Demonstrate compliance with the requirements of this Subpart no later than 60 months from the effective date of this Subpart. A demonstration of final compliance shall include the following information for each existing cremation unit:

(i) An emissions testing report, as described in Section 219-4.5 of this Subpart, indicating that each existing cremation unit meets the particulate matter limitation specified in Subdivision 219-4.3(a) of this Subpart;

(ii) Documentation indicating that each existing cremation unit is capable of meeting the requirements of this Subpart; and

(iii) Documentation of the certification status of each operator at the facility.

(3) The owner or operator of an existing cremation unit may submit a written request for a single extension to the deadline described in Paragraph (2) above. The request shall describe in detail the circumstances necessitating the extension and shall propose a projected final compliance date. The Department, in its sole discretion, shall approve or deny the request on a case by case basis.

(b) For existing cremation units that cannot meet the requirements of this Subpart, the owner or operator shall submit a written plan to the Department that describes the proposed schedule for the replacement or removal of the affected cremation unit within 60 days of becoming aware that it cannot meet the requirements of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 219-4.9

Amended New York State Register March 4, 2020/Volume XLII, Issue 9, eff. 3/14/2020