N.Y. Comp. Codes R. & Regs. tit. 6 § 372.1

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

Section 372.1 - General

(a)Purpose and scope.

The purpose of these regulations is to establish standards for generators and transporters of hazardous waste and standards for generators, transporters, and treatment, storage or disposal facilities relating to the use of the manifest system and its recordkeeping requirements. The manifest document shall accompany all shipments of hazardous waste while in transit, unless specifically exempted under this Part. The manifest document will serve as a multipurpose instrument to be used as a tracking, auditing and enforcement device.

(b)Applicability.

(1) The requirements of this Part apply to all generators, transporters and facilities in New York State. However, transporters who both pick up and discharge hazardous waste outside of New York State and who transport wastes through the State are only subject to the following requirements of section 372.3 of this Part: subdivisions (a)(3), (5)-(7), (b) and (d)(1)-(2).

(2) Section 371.1(f)(3) and (4) of this Title must be used to determine the applicability of provisions of this Part that are dependent on calculations of the quantity of hazardous waste generated per month.

(3) With regard to explosives or munitions:

(i) Persons responding to an explosives or munitions emergency in accordance with section 373-1.1(d)(1)(xiii) (d) and (a)(4) of this Title are not required to comply with the standards of this Part.

(ii) The regulations in this Part do not apply to transportation during an explosives or munitions emergency response, conducted in accordance with section 373-1.1(d)(1)(xiii) (d) and (a)(4) of this Title.

(iii) Section 374-1.13(d) of this Title identifies how the requirements of this Part apply to military munitions classified as a solid waste under section 374-1.13(c) of this Title.

(c)Severability.

If any provision or application of this Part is held invalid to any person or circumstance, the remainder of this Part and the application of such provisions other than those to which it is held invalid, shall not be affected.

(d)Definitions.

Unless otherwise specified, terms used in this Part are defined in Part 370 of this Title.

(e)Exemptions.

(1) [Reserved]^*

(2) [Reserved]^**

(3) Exemption for farmers. A farmer disposing of waste pesticides which are hazardous wastes, including containers and inner liners, from his or her own use is exempted from any requirements of this Part for those wastes, provided that the following steps are taken:

(i) the container or inner liner has been triple-rinsed using a solvent capable of removing the pesticide. The triple-rinse procedure defined in section 325.1(b) of this Title shall be used;

(ii) in the case of a container with an inner liner, the inner liner that prevented contact of the pesticide with the container has been removed;

(iii) the pesticide residues are disposed of on his or her own farm in a manner consistent with section 325.4(d) of this Title or in a manner consistent with the disposal instructions on the pesticide label, whichever is more restrictive; and

(iv) the hazardous wastes are transported by the farmer to a household hazardous waste collection facility authorized under Subpart 362-4 of this Title; and the farmer is a conditionally exempt small quantity generator as defined in section 373.1(f)(1) of this Title.

(4) Exemption for publicly owned treatment works (POTW's).

(i) Any POTW qualifying for an exemption under Part 373 of this Title must comply with only those provisions of section 372.4 indicated in section 373-1.1(d)(2)(iii).

(ii) A POTW that generates sludges which are determined to be hazardous waste is subject to the generator requirements of section 372.2 of this Part.

(5) Samples collected for testing are exempt from all requirements of this Part as provided in section 371.1(e)(4) of this Title.

(6) Residues of hazardous waste in empty containers. Residues of hazardous waste in empty containers as specified in section 371.1(h) of this Title are exempt from all requirements of this Part.

(7) [Reserved.].

(8) Exemption for service stations. Used engine lubricating oil retention facilities accepting used oil in compliance with ECL 23-2307 are exempt from this Part for that oil.

(9) Exemption for public utilities.

(i) Hazardous waste generated by a public utility and transported by a vehicle owned or operated by that utility is exempt from regulation under this Part if the following conditions are met:

(a) the waste is hazardous solely because it contains polychlorinated biphenyls (PCBs); and

(b) the waste is brought for storage, to a collection facility owned by the same utility, prior to treatment or disposal.

(ii) A public utility-owned collection facility which receives hazardous waste as described, and in the manner described in subparagraph (i) of this paragraph, shall be considered the generator of such waste and shall be subject to all of the requirements of this Part which are applicable to a generator of hazardous waste.

(10) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of section 372.2(e) of this Part are not subject to (for purposes of this paragraph, the terms laboratory and eligible academic entity shall have the meaning as defined in section 372.2[e][1] this Part):

(i) The requirements of section 372.2(a)(2) or (8) of this Part, for large quantity generators and small quantity generators, except as provided in this section 372.2(e) of this Part; and

(ii) The conditions of paragraph (f)(2) of this section, for conditionally exempt small quantity generators, except as provided in section 372.2(e) of this Part.

(f)Enforcement.

Any person who violates any provision of this Part or who fails to perform any duty imposed under this Part is liable for civil, administrative and criminal penalties set forth in article 71, title 27 of the Environmental Conservation Law. Such person is also subject to any penalties, sanctions or orders pursuant to any provision of article 71 of the ECL otherwise applicable.

(g)Safeguarding trade secrets.

Trade secrets are protected in accordance with the requirements in section 616.7 of this Title and as provided for in section 370.1(b) of this Title.

(h)Other regulations.

Compliance with this Part does not relieve any person from the obligation of complying with any other applicable Part of this Title, including Parts 373 and 364.

Footnotes

* (See section 371.1[f] of this Title for special requirements for hazardous waste generated by conditionally exempt small quantity generators.)

** (See section 371.1[g] of this Title for requirements for recyclable materials.)

N.Y. Comp. Codes R. & Regs. Tit. 6 § 372.1

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