N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 373-3.1

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

Section 373-3.1 - General

(a)Purpose, scope and applicability.

(1) The purpose of this Subpart is to establish minimum statewide standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.

(2) Except as provided in section 373-3.29(a)(2) of this Subpart, the standards in this Subpart, and of section 373-2.19(a), (b) and (c) of this Part, apply to owners and operators of facilities which treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under section 373-1.3 of this Part, until final disposition of their permit application is made, or until applicable Subpart 373-3 closure and post-closure responsibilities are fulfilled, and to those owners and operators of facilities in existence on November 19, 1980, who have failed to provide timely notification as required by Subpart 373-1 of this Part and/or failed to file part A of the permit application as required by section 373-1.3(b), (d), (e) and (i) of this Part. These standards apply to all treatment, storage or disposal of hazardous waste at these facilities after November 19, 1980, except as specifically provided otherwise in Part 371 of this Title.

Note:

After the effective date of November 19, 1980, and as stated in Subpart 373-1 of this Part, the treatment, storage or disposal of hazardous waste at a new facility is prohibited except in accordance with a permit or at those facilities which qualify for interim status after this date.

(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, 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 373-3 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) [Reserved]

(5) The requirements of this Subpart apply to a person whose facilities or portion of facilities are exempted under section 373-1.1(d) of this Part only to the extent they are required by an exemption granted to such a person under section 373-1.1(d).

(6) The requirements of this Subpart apply to those portions of a facility managing the recyclable materials described in section 373-1.1(g)(1)(ii), (iii) and (iv) of this Part only to the extent that requirements of this Subpart are referred to in sections 374-1.3, 374-1.6, 374-1.7 or 374-1.8 or Subpart 374-2 of this Title.

(7) The following hazardous wastes must not be managed at facilities subject to regulation under this Subpart:

(i) EPA hazardous waste number F020, F021, F022, F023, F026 or F027 unless:

(a) the wastewater treatment sludge is generated in a surface impoundment as part of the facility's wastewater treatment system;

(b) the waste is stored in tanks or containers;

(c) the waste is stored or treated in waste piles that meet the requirements of section 373-2.12(a)(3) of this Part as well as all other applicable requirements of section 373-3.12 of this Subpart;

(d) the waste is burned in incinerators that are certified pursuant to the standards and procedures in section 373-3.15(f) of this Subpart; or

(e) the waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in section 373-3.16(g) of this Subpart.

(8) The requirements of this Part apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in Part 376 of this Title, and the Part 376 standards are considered material conditions or requirements of this Subpart.

(9) 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.

(10) 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 Subpart 374-1 and Part 376 of this Title.

(b)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 §§ 373-3.1

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