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

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