N.Y. Comp. Codes R. & Regs. tit. 6 § 360.18

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

Section 360.18 - Research, development, and demonstration registrations and permits

The department may issue a research, development and demonstration (RD&D) registration or permit for any project that involves an innovative, experimental or unproven process or technology for solid waste management at a facility.

(a) Registration for small-scale RD&D projects. The department may issue a registration pursuant to this Part for a project that involves 1,000 pounds of waste per day or less. The project must protect public health and the environment. A registration issued pursuant to this subdivision will have a specified term, not to exceed two years and will not be renewed.

(b) Permit application contents in lieu of the requirements of section 360.16 of this Part. A permit application for an RD&D project which includes construction of buildings or structures must be prepared by a professional engineer. A permit for any other RD&D project must be prepared by a professional engineer or a research scientist affiliated with an accredited university or research institution. An application for a RD&D permit must:

(1) include a detailed discussion of:

(i) the project's objectives, schedule, location and characteristics;

(ii) the equipment to be used in carrying out the project;

(iii) the waste that is to be managed;

(iv) the methods to be used to monitor environmental impacts; and

(v) qualitative and quantitative methods for evaluating project performance;

(2) discuss the effects that the proposed technology or process could have on public health and the environment and demonstrate that adequate protection of public health and the environment will be maintained during all phases of the RD&D project;

(3) identify all personnel involved, their backgrounds and qualifications to conduct the project and their responsibilities;

(4) contain any information the department determines to be necessary, including, but not limited to, monitoring, operating conditions, financial assurance, and testing protocols;

(5) include a written statement from the applicant that the land on which the project is proposed to be located is under the ownership or control of the applicant; and

(6) demonstrate that the quantity and types of waste proposed for use in the project are no more than those needed to satisfy the project's objectives.

(c) Prohibited projects. The department will not issue an RD&D permit under this section that would authorize:

(1) disposal of waste at a facility that would require a permit for a disposal facility regulated under Part 363 of this Title;

(2) the project involves sanitary waste; or

(d) Design and operating requirements.

(1) RD&D projects which include construction of buildings or structures must be performed under the direction of a professional engineer. All other RD&D projects must be performed under the direction of a professional engineer or a research scientist affiliated with an accredited university or research institution.

(2) Compliance with the 40 CFR Part 258 Criteria for Municipal Solid Waste Landfills, as incorporated by reference in section 360.3 of this Title, must be maintained for landfills subject to those requirements.

(3) The quantity and types of waste subject to the RD&D permit must not exceed those needed to effectively address the research objectives. After completion of the RD&D project, all waste must be removed from the project site unless the department authorizes the waste to remain on the project site.

(4) The department may require the permittee to comply with one or more of the design and operating requirements under this Part and Parts 361, 362, 363, and 365 of this Title.

(5) Within 90 days after the expiration date of the RD&D permit, the permittee must submit to the department a project summary report that includes, at a minimum, the following information:

(i) a summary of the project objectives, information gathered, analyses conducted, and project results, including all monitoring and testing results; and

(ii) a description of any operating problems and the status of their resolution, any other limitations encountered, and areas of further study to be considered.

(iii) Permit duration and renewal. RD&D permits issued under this section will have a specified permit term not to exceed one year. Permits issued under this section will not be renewed more than three times.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 360.18

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