N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-2.1

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

Section 364-2.1 - Exempt transport

In addition to the exemptions provided in section 360.14 of this Title, the following are exempt from this Part:

(a) Transport of waste by rail, water and air carriers.

(b) Transport of the following wastes, provided no other regulated waste is intermixed, contained in or otherwise included with the waste:

(1) Residential and institutional waste unless it is raw sewage, septage, sludge from a sewage or water supply treatment plant, low-level radioactive waste, waste tires, or waste oil.

(2) Source-separated HHW self-transported from a household to a HHW collection event or permitted HHW collection facility. Source-separated HHW transported in any quantity by any other method is not exempt.

(3) Waste generated from agricultural operations provided any waste pesticides are transported by the farmer to a department-approved HHW or pesticide collection event site.

(4) Waste transported by farm vehicles for use on a farm.

(5) Tree debris.

(6) Regulated waste in quantities less than or equal to 2,000 pounds in any single shipment, except as follows:

(i) C&D debris in quantities less than or equal to 10 cubic yards in any single shipment.

(ii) Hazardous waste as defined in Part 371 of this Title in any quantity.

(iii) Universal waste as defined in Section 370.2 of this Title in quantities less than 500 pounds in any single shipment, unless otherwise specified in this Part.

(iv) Waste generated and transported by a conditionally exempt small-quantity generator pursuant to section 371.1(f) of this Title, provided that no more than a total of 500 pounds of hazardous waste or no more than 2.2 pounds of acute hazardous waste are transported in any single shipment.

(v) RMW in quantities less than 50 pounds in a single vehicle by private parcel delivery systems or by the United States Postal Service, provided the transporting entities comply with the packaging, labeling, tracking document and other transport requirements of the USDOT for the waste.

(vi) RMW in quantities less than 50 pounds in a single vehicle, contaminated with a radioisotope and transported by an employee or courier of a radiopharmacy registered in accordance with Part 365 of this Title, provided that the RMW is returned to the dispensing radiopharmacy.

(vii) Household sharps in quantities less than 50 pounds in a single vehicle, provided the vehicle is owned and operated by a participant in the NYSDOH"s New York State Safe Sharps Collection Program.

(viii) Waste tires in loads of 20 or fewer waste tires.

(ix) Waste oil in quantities of 55 gallons or less in a single shipment.

(7) C&D debris leaving a construction and demolition debris handling and recovery facility except for fill, residues, and material which does not meet the requirements of a beneficial use determination (BUD) specified in section 360.12 of this Title.

(8) Elemental mercury and dental amalgam waste regulated pursuant to Subpart 374-4 of this Title, generated at dental facilities and destined for mercury recovery.

(9) Electronic waste directed for scrap metal recycling under section 371.1(g)(1)(iii) ('b') or (e)(1)(xiii) of this Title.

(10) Lead-acid batteries destined for recycling as authorized in Part 370 of this Title.

(11) Consumer products in transit that have been determined by an appropriate state or federal official or agency to be unsuitable for their intended use and for which the official or agency has directed the immediate transport of those products for management at an authorized facility.

(12) Material that has an approved BUD in accordance with sections 360.12 and 360.13 of this Title, at the point that the BUD approval indicates that the material is no longer a solid waste, except the following fill is excluded from this exemption:

(i) Transport of Fill Type 1, Fill Type 2, Fill Type 3, Fill Type 4 or Fill Type 5 within the New York City Metropolitan Area Waste Impact Zone; and

(ii) Transport of Fill Type 4 or Fill Type 5 outside of the New York City Metropolitan Area Waste Impact Zone.

(13) Concrete or concrete products (including those that have embedded reinforcement), asphalt pavement, asphalt millings, brick, and rock or mixtures of these materials, except that transport of the material within the New York City Metropolitan Area Waste Impact Zone is subject to the requirements of this Part.

(14) Oil, gas, solution mining, stratigraphic, brine disposal and geothermal well cuttings that are rock chips, fragments and/or fines generated during drilling which are uncontaminated by drilling and completion fluids including any additives.

(15) Non-hazardous bottom and fly ash from municipal solid waste combustors.

(16) RMW transported by emergency rescue vehicles, a blood service collection vehicle or a vehicle operated by a public health nurse or veterinarian in the conduct of routine business, where the transportation of the waste is incidental to the primary function of the vehicle. The RMW must be transported to a RMW management facility regulated by the department or the Department of Health.

(17) Medical devices intended to be reprocessed or remanufactured provided the transportation complies with USDOT regulations.

(18) Regulated waste transported by a law enforcement agency to an authorized facility.

(19) Regulated waste transported during an explosives or munitions emergency response as defined in section 370.2(b) of this Title conducted in accordance with section 373-1.1(d)(1)(xiii) ('a')('4') of this Title.

(20) Regulated waste transported by a public utility, public railroad service, or public transportation agency when the transportation of the waste is incidental to the primary function of the transport vehicle. This exemption extends to entities contracted to conduct work for a public utility, public railroad service or public transportation agency when the work is conducted in accordance with that agency"s contract documents and specifications.

(21) Waste transported wholly on-site at the point of origination, generation, or occurrence of the waste.

(22) Waste transported on or across privately or publicly owned parcels that does not result in travel on any highway, road, street, avenue, alley, public place, public driveway or any other public way.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 364-2.1

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