N.Y. Comp. Codes R. & Regs. tit. 6 § 597.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 597.2 - Criteria for identifying a hazardous substance or acutely hazardous substance

(a)Hazardous substance.

A substance is considered hazardous and will be included on the list provided under section 597.3 of this Part if the substance meets any of the following criteria:

(1) because of its quantity, concentration, or physical, chemical or infectious characteristics, the substance causes physical injury or illness to humans when improperly treated, stored, transported, disposed of, or otherwise managed;

(2) the substance poses a present or potential hazard to the environment when improperly treated, stored, transported, disposed of, or otherwise managed;

(3) because of its toxicity or concentration within biological chains, the substance presents a demonstrated threat to biological life cycles when released into the environment;

(4) the substance is one whose manufacture, processing, contribution in commerce, use, possession or disposal is banned, prohibited or limited pursuant to the Toxic Substances Control Act ( 15 U.S.C., section 2601et seq.) as of January 1, 2008, as amended from time to time;

(5) the substance is a pesticide whose use or possession is prohibited pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. section 136et seq.) as of January 1, 2008, as amended from time to time; or

(6) the substance is defined as a hazardous substance pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. section 9601et seq.) as of January 1, 2008, as amended from time to time.

(b)Acutely hazardous substance.

A substance is considered acutely hazardous and will be included on list provided under section 597.3 of this Part if the substance meets any of the following criteria:

(1) the substance has an oral LD₅₀ (rat) toxicity of less than 50 milligrams per kilogram;

(2) the substance has an inhalation LC₅₀ (rat) toxicity of less than 2 milligrams per liter;

(3) the substance has a dermal LD₅₀ (rabbit) toxicity of less than 200 milligrams per kilogram; or

(4) the substance causes or is capable of causing death, serious illness or serious physical injury to any person or persons as a consequence of release into the environment.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 597.2

Adopted New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff.10/11/2015