N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.1

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

Section 373-2.1 - General

(a)Purpose, scope and applicability.

(1) The purpose of this Subpart is to establish minimum State standards which define the acceptable management of hazardous waste.

(2) The standards in this Subpart apply to owners and operators of all facilities which treat, store or dispose of hazardous waste, except as specifically provided otherwise in this Part or Part 371 of this Title.

(3) The requirements of this Subpart apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Marine Protection, Research and Sanctuaries Act (see section 370.1[e] of this Title), only to the extent they are required by the exemption granted to such a person under section 373-1.1(d) of this Part.

Note:

These Subpart 373-2 regulations do apply to the treatment or storage of hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.

(4) The requirements of this Subpart apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Safe Drinking Water Act only to the extent they are required by the exemption granted to such a person under section 373-1.1(d) of this Part (see section 370.1[e] of this Title).

Note:

These Subpart 373-2 regulations do apply to the aboveground treatment or storage of hazardous waste before it is injected underground.

(5) The requirements of this Subpart apply to the owner or operator of a publicly owned treatment works which treats, stores or disposes of hazardous waste only to the extent they are required by the exemption granted to such person under section 373-1.1(d) of this Part.

(6) The requirements of this Subpart apply to those portions of a facility managing recyclable materials described in section 371.1(g)(1)(ii), (iii) and (iv) of this Title only to the extent that the requirements of this Subpart are referred to in sections 374-1.3, 374-1.6, 374-1.7, 374-1.8, or Subpart 374-2 of this Title.

(7) Universal waste handlers and transporters (as defined in section 370.2(b) of this Title) are subject to regulation under Subpart 374-3 of this Title, when handling the below-listed universal wastes:

(i) batteries as described in section 374-3.1(b) of this Title;

(ii) pesticides as described in section 374-3.1(c) of this Title;

(iii) mercury-containing equipment as described in section 374-3.1(d) of this Title;

(iv) lamps as described in section 374-3.1(e) of this Title;

(v) aerosol cans as described in section 374-3.1(f) of this Title; and

(vi) paint as described in section 374-3.1(g) of this Title.

(8) Section 374-1.13(f) of this Title identifies when the requirements of this Subpart apply to the storage of military munitions classified as solid waste under section 374-1.13(c) of this Title. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in Parts 370 through 374 and 376 of this Title.

(9) The requirements of sections 373-2.2, 373-2.3, 373-2.4 and 373-2.6(l) of this Subpart do not apply to remediation waste management sites. (However, some remediation waste management sites may be a part of a facility that is subject to a traditional RCRA permit because the facility is also treating, storing or disposing of hazardous wastes that are not remediation wastes. In these cases, sections 373-2.2, 373-2.3, 373-2.4 and 373-2.6(l) of this Subpart do apply to the facility subject to the traditional RCRA permit.) Instead of the requirements of sections 373-2.2, 373-2.3, and 373-2.4 of this Subpart, owners or operators of remediation waste management sites must:

(i) obtain an EPA identification number by applying to the USEPA Region II administrator using EPA form 8700-12;

(ii) obtain a detailed chemical and physical analysis of a representative sample of the hazardous remediation wastes to be managed at the site. At a minimum, the analysis must contain all of the information which must be known to treat, store or dispose of the waste according to this subpart and Part 376 of this Title, and must be kept accurate and up to date;

(iii) prevent people who are unaware of the danger from entering, and minimize the possibility for unauthorized people or livestock to enter onto the active portion of the remediation waste management site, unless the owner or operator can demonstrate to the department that:

(a) physical contact with the waste, structures, or equipment within the active portion of the remediation waste management site will not injure people or livestock who may enter the active portion of the remediation waste management site; and

(b) disturbance of the waste or equipment by people or livestock who enter onto the active portion of the remediation waste management site, will not cause a violation of the requirements of this Subpart;

(iv) inspect the remediation waste management site for malfunctions, deterioration, operator errors, and discharges that may be causing, or may lead to, a release of hazardous waste constituents to the environment, or a threat to human health. The owner or operator must conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment, and must remedy the problem before it leads to a human health or environmental hazard. Where a hazard is iminent or has already occurred, the owner/operator must take remedial action immediately;

(v) provide personnel with classroom or on-the-job training on how to perform their duties in a way that ensures the remediation waste management site complies with the requirements of this Part, and on how to respond effectively to emergencies;

(vi) take precautions to prevent accidental ignition or reaction of ignitable or reactive waste, and prevent threats to human health and the environment from ignitable, reactive and incompatible waste;

(vii) for remediation waste management sites subject to regulation under sections 373-2.9 through 373-2.15 and 373-2.24 of this Subpart, the owner/operator must design, construct, operate, and maintain a unit within a 100-year floodplain to prevent washout of any hazardous waste by a 100-year flood, unless the owner/operator can meet the demonstration of section 373-2.2(j)(1) of this Subpart;

(viii) not place any non-containerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave;

(ix) develop and maintain a construction quality assurance program for all surface impoundments, waste piles and landfill units that are required to comply with sections 373-2.11(b)(3) and (4), 373-2.12(b)(3) and (4), and 373-2.14(c)(3) and (4) of this Subpart at the remediation waste management site, according to the requirements of section 373-2.2(k) of this Subpart;

(x) develop and maintain procedures to prevent accidents and a contingency and emergency plan to control accidents that occur. These procedures must address proper design, construction, maintenance, and operation of remediation waste management units at the site. The goal of the plan must be to minimize the possibility of, and the hazards from a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water that could threaten human health or the environment. The plan must explain specifically how to treat, store and dispose of the hazardous remediation waste in question, and must be implemented immediately whenever a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment;

(xi) designate at least one employee, either on the facility premises or on call (that is, available to respond to an emergency by reaching the facility quickly), to coordinate all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspect of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan;

(xii) develop, maintain and implement a plan to meet the requirements in subparagraphs (ii) through (vi) and (ix) through (x) of this paragraph; and

(xiii) maintain records documenting compliance with subparagraphs (i) through (xii) of this paragraph.

(b)Relationship to interim status standards.

A facility owner or operator who has fully complied with the requirements for interim status, as defined in section 373-1.3 of this Part, must comply with the regulations specified in Subpart 373-3 of this Part, in lieu of the regulations in this Subpart, until final administrative disposition of the permit application is made, except as provided under section 373-2.19 of this Subpart.

(c)Imminent hazard action.

Notwithstanding any other provisions of these regulations, enforcement actions may be brought pursuant to section 71-0301 of the ECL or section 7003 of RCRA (see section 370.1[e] of this Title).

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-2.1

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

Amended New York State Register May 24, 2023/Volume XLV, Issue 21, eff. 7/8/2023