# STATE OF NEW YORK

OFFICIAL COMPILATION

OF



# CODES, RULES AND REGULATIONS

GEORGE 

### E. PATAK] 

### Governor

ALEXANDER 

### F. TREADWELL 

### Secretary of State

Publishedby 

## DEPARTMENT OFSTATE 41 State Street Albany, New York 12231 111/99

### Title 6 

### Conservation

Vol. 

### A-2a

Copyright 1995-1999 by Secretary ofState State ofNew York

Printed in the United States ofAmerica by 

## WEST GROUP ST. PAUL, MINN.

## TABLE OF CURRENT PAGES CONSERVATION, Volume A-2A

The Table of Current Pages lists the pages which should appear in this binder after filing the supplement pages dated July 15. 2006. Use this table to verify that the binder contains the correct pages.

Currentpage numbers are listed in consecutive order in the leftcolumn and theircurrency date in the right column.

NOTE that pages are nol issued for every binderwith each supplement and that the Table ofCurrent Pages is reissued only when the binder is supplemented. Thus. this binder may be current despite the fact that the Table ofCurrent Pages in anotherbinderwas issued at a laterdate.

Pages Title and Copyright iii·None v·vi vii-viii ix-None TAB: Curren! Pages xi-xii xiii-xiv xv-None TAB: User's Guide UGI-UG2 UG3-UG4 UG5-UG6 TAB: Title 6 6001-6002 6003-6004 6005-6006 6OO6.]-None

6007-6008 6009-6010 6011-6012 60l3-None TAB: Part 370/Ch. IV (cant'd) 601S-6016 6017-6018 6019-6020 6021-6022 6023-6024 6025-6026 6027-6028 6029-6030 6031-6032 6033-6034 6035-6036 6036.I-None

6037-6038 6039-6040 6041-6042 6043-None 6045-6046 6047-6048 6049-6050 6051-6052 6053-6054 6055-6056 6056.1-6056.2

07-15-2006 Currency Date

07-15-06 07-15-06 07-15-06

01199 01199 01199

06-30-00 06-30-06 07-15-03 10-15-02 09-30-98 04-1S·03 04-]5-03 04-15-03

07-15-06 07-15-06 07-15-06 07·15-06 01-15-02 07-15-05 07-15-06 07-15-06 07-15-06 07-15-06 07-15-06 07-15-06 10-31-98 11-15-99 07-1S·0S 01-1S-02 07-15-06 0]-IS-02 07-15-05 07-15-05**07~IS~05** 07-15-05 07-15-05 Pages 6056.3-None

6057-6058 6059-6060 6061·6062 6063-6064 6065-6066 6067-6068 6069·6070 6071-6072**6073~6O74 607S~6076** **6077~6078** 6079-6080 6081-6082 6083·6084 6084.1-None

6085-6086 6087-6088 6089-6090 6091-6092 6092. I-None

6093-6094 6095-6096 6097-6098 6099-6100 6101-6102**6103~6104** 6105-6106**6107~6108** 6109-6110 6111-6112**6112.1~6112.2** 6112.3-6112.4 6112.4a-None**6112.S~6112.6** 6112.7·6112.8

6113-6114 611S-6116 6117-6118 6119-6120**6121~6122** 6123-6124 6124.1·None 6124.3-6124.4

612S-6126 6127-6128 Currency Date 07-15-05 10-31-98 10-31-98**03~IS~06** 07-15-06 07-15-06 01-15-02**01~31~OO** 01·1S-02 01-15-02 11-1S-99 10-31-98**07~15-05 07-1S~05** **07~lS-0S** 07-15-05 01-1S-02 01-1S-02 01-15-02 01-15-02**01·1S~02** ID-31·98 10-31-98 10-31-98 11-15-99 01-15-02 07-15-05 07-15-05**07~15-05 07~15-06**  07-15-06 07-15-05**07~IS-06** 07-15-06 07-15-0S 07-15-0S 07-15-06 07-15-06 07-1S-06 07-15-06 07-15-06 07-15-06 07-15-06 07·15-06 07-1S-05 01-15-02

xiTITLE CONSERVATION. Volume A-2A

Currency Currency Pages Date Pages Date 612.8.1-6128.2 07-15-05 6223-6224 01-01-95 6128.3-6128.4 07-15-05 6225-6226 01-01-95 612.8.5-None 01-15-02 6227-6228 01-01-95

6129-6130 01-01-95 6229-6230 11-15-99 6131·6132 01-01-95 6231-6232 11-15-99 6133-6134 01-15-02 6233-6234 01-01-95 6135-6136 01-15-02 6235-6236 01-01-95 6137-6138 01-15-02 6237·6238 01-01-95 6138.1-None 01-15-02 6239-6240 01-31-00

6139-6140 01-3}-00 6241-6242 Ok'I-00 6141-6142 01-01-95 6243-6244 01-01-95 6143-6144 10-31-98 6245-6246 06-30-01 6145-6146 01-31-00 6247-6248 01-01-95 6147·6148 10-31-98 6249-6250 01-01-95 6149-6150 10-15-97 6251-6252 01-01-95 6151-0152 10-15-97 6253-6254 01-01-95 6153-6154 \().12/95 6255-6256 06-30-01 6155·6156 01-01-95 6257·6258 10-31-98 6157-6158 01-15-02 62';9-6260**lo-31~98** 6159-6160 10-31-98 6261-6262 11-15-99 6161-6162 10-31-98 6263-6264**1l~15-99** 6163-6164**lo-31~98** 6265-6266 10-31-98 6165-6166 10-31-98 6267-6268 ll-15-99 6167-6168 01-15-02 6269-6270 10-31-98 6169-6170**1O~31-98** 6271-6272 10-31-98 6171-6172**01-15~02** 6273-6274**06~30-01** 6173-6174 07-15-05**6275~6276** 10-31-98 6175-6176**01-31~OO 6277~6278**  11-15-99 6177-6178 10-31-98**6279~6280** 09-30-96**6I79~6180** 10-31-98 6281-6282**11~15~99** 6181-6182 07-15-05 6283-6284**II~** 15-99 6183-6184**07~15~05** 6285-6286**ll-15~99** 6185-6186**02-15~04** 6287-6288**11~15-99** 6187-6188**02~** 15-04 6289-6290**01~01-95 6188.1~6188.2** **02-15~04** 6291-6292**OI-15~02** 6188.3-6188.4 02-15-04 6293-6294**lo-31~98** 6188.5-6188.6 07-15-05 6295-6296 01-01-95 6188.7-6188.8 01-15-02 6297-6298 01-01-95 6188.9-6188, 10**01~15-02** 6299-6300 09-30-96 6188.11-6188.12**0l~15-02 6301~6302**  01-01-95 6188.13-6188.14 01-15-02 6303-6304 01-01-95

6189-6190 01-01-95 6305-6306 11-15-99 6191-6192-**11-15~99** 6307-6308 11-15-99**6193~6194** 07-15-06 6309-6310**01~01~95** 6195-6196 07-15-06 6311-6312**11~15-99** 6197-6198 07-15-06 6313-6314**01~31-00** 6198.1-6198.2**07-15~O6** 6315-6316 01-31-00**6199~62oo 01-15~02**  6317-6318 1H5-99

6201-6202**OJ~15-02** 6319-6320**01~01-95** 6203-6204**OI-OI~95 6321~6322**  01-01-95 6205-6206**0l~01-95** 6323-6324 02-29-00 6207-6208 01-01-95 6325-6326 11-15-99 6209·6210 01-15-02 6327-6328 01-01-95 6211-6212 01-15-02 6329-6330 11-15-99**6213~6214 01-15~02** **6331~6332 II-15~99**  6215-6216 01-15-02 6333-6334 01-01-95 6217-6218 01-15-02 6335-6336**07~15~05** 6219-6220**01~15-02** 6337-6338 07-15-05 6220. I-None 01·15·02**6339~6340** 07-15-05

6221-6222**IO~** 12/95 6340.1-6340.2 07-15-05



## '" 07-15-2006TABLE OF CURRENT PAGES

Pages 6340.3-6340.4**6340,5~6340.6** 6340.7-6340.8 6340.9-6340.10 6340.1 I-None

6341-6342 6343-6344 6345-6346 6347-6348 6348.l-None

6349-6350 6351-6352 6353-6354 6355-6356 6357-6358 6359-6360 6361-6362 6363-6364 6365-6366 6367-6368 6369-6370 6370.1-6370.2 6...'70.3-M70A 6370.5-6370.6 6370.7-6370.8 6370.9-6370.10 6370.11·6370.12 6370.13-6370.14 6370.15-6370.16 6370.17-6370.18 6370.19-6370.20 6370.21-6370.22 6370.23-6370.24 6370.25-6370.26 6370.27-6370.28 6370.29-6370.30 6370.31-6370.32 6370.33-6370.34 6370.35-6370.36 6370.37-None

6371-6372 6373-6374 6375-6376 6377-6378 6379-6380 6..181-6..182 6382.I-None

6383-6384 6385·6386 6387-6388 6389-6390 6391-6392 6392.1-6392.2 6392.3-None

6393-6394 6395-6396 6397-6398 639B.I-None

6399-6400 6401-6402

07-15-2006 Currency Date 07-15-05 07-15-05 07-15-05 07-15-05 07-15-05 11-15-99 11-15-99 OJ-15-02 01·15·02**01-15~02** 11-15-99 10-31-98 01-15-02 01-IS-02 11-1S-99**1O-31~98 01-15~02**  01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02**0I~15*02** 01-15-02 07-15-05 01-15-02 01-IS-02 01-15-02 01-15-02**01~15*02** 01-15-02 01-15-02 01-IS-02**01*15~02** 01*15*02 01-15-02 01-15-02 07-15-05 01-15-02 01-01-95 10-31*98 01*15-02 10-31-98 01-15-02 01-15-02 10-31-98 01-01-95 07-IS-06 07-15-06 07-15-06**07-1S~06** 07-15-06 07-15-06 l1-IS-99 01-15-02**01-15~02** 01-15-02 01-01-95 01-01-95 Pages 6403-6404 6405-6406 6407-6408 6408. I-None

6409-6410 64J**J~6412** 6413-6414**6415~6416** 6417-6418 6419-6420 6421-6422**6423~6424** 6425-6426 6427-6428 6429-6430 6431-6432 6433*6434 643S*6436 6437-6438 6439-6440 -6441-6442 6443-6444 6445-6446 6447*6448 6449-6450 645J*6452 6453-6454 6455-6456 6457-6458 6459-6460 6461-6462 6463-6464 6465-6466 6467-6468 6469-6470**647J~6472** 6473*6474 6474. I-None

6475-6476 6477-6478 6479-6480 6481-6482 6483*6484 6485-6486 6487-6488 6489-6490 6491-6492 6492. I-None

6493*6494 6495-6496 6497-6498 6499-6500 6500.1-65002 6500.3-6500.4 6500.5*6SOO.6 6500.7-6500.8 6500.9-6500.10 6500.11-6500.J2 6500.13-6500.14 6500_15-6500_16 Currency Date 01-15-02 OJ-15-02 01-1.'i-02 01-15-02 01-01-95 lJ-15-99 IO-J2195 OJ-Ol*95 11-15-99 01-01*95 11*15-99 01-01·95 IJ-15-99 11-15-99 01-15-02 01-15-02 10-31*98 01-01-95 01-01-95 01-01-95 11-15-99 01*01*95 11-15-99 11-15*99 01-15·02 01-15-02 OJ-15-02 10-12/95 11-15-99 11-15-99 11-15·99 11-15-99 08-31-97 09-30-96 09-30-% 11-15·99 01-15*02 01-15-02 11-15-99 10-31-98 10-31-98 11-15-99 lQ..31-98 01·15·02 11-15*99 ll-IS·99 01-15-02 01*IS-02 11-15-99 01-1S-02 01-15-02 01-15*02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15*02 01-15-02

xiiiTITLE CONSERVATION, Volume A-2A



### xiv Pages 6500.17-6500.18 6500.19-6500.20 6500.21-6500.22 6500.23-6500.24 6500.25-6500.26 6500.27-6500.28 6500.28a-6500.28b 6500.29-6500.30 6500.31-6500.32 6500.33-6500.34 6500.35-6500.36 6500.37-6500.38 6500.39-6500.40 6500.41-6500.42 6500.43-6500.44 6500.45-6500.46 6500.47-None 6500.49-6500.50

6501-6502 6503-6504 6505-6506 6507-6508 6508.1-6508.2 6."i08.3-None

6509-6510 6511-6512 6512.1-None

6513-6514 6514.1-None

6515-6516 6517-6518 6519-6520 6521-6522 6523-6524 6525-6526 6527-6528 6529-6530 6531-6532 6533-6534 6535-6536 6537-6538 6539-6540 6541-6542 6543-6544 6545-6546 6547-6548 6549-6550 6551-6552 6553-6554 6554.1-6554.2 6554.3-6554.4 6554.5-6554.6 6554.7-6554.8 6554.9-6554.10

6555-6556 6557-6558 6559-6560 6561-6562 6563-6564 6565-6566 Currency Dat, 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 10-31-98 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-01-95 01-01-95 01-01-95 02-15-% 11-15-99 11-15-99 03-15-06 01-15-02 01-15-02 10-31-98 10-31-98 01-01-95 01-01-95 01-01-95 01-01-95 01-01-95 01-01-95 01-01-95 IQ.12195 01-01-95 01-01-95 IQ.31-98 01-01-95 01-01-95 01-15-02 01-01-95 IQ.31-98 10-31-98 10-12/95 01-01-95 07-15-05 07-15-05 07-15-05 07-15-05 07-15-05 07-15-05 03-15-06 03-15-06 03-15-06 03-15-06 03-15-06 03-15-06 Pages 6567-6568 6568.1-6568.2 6568.2a-6568.2b 6568.2c-656&.2d 6568.2e-6568.2f 6568.2g-6568.2h 6568.2i-6568.2j 6568.2k-6568.21 656&.2m-6568.2n 6568.2o-6568.2p 6568.2q-656&.2r 6568.2s-6568.2t 6568.2u-6568.2v 6568.2w-6568.2x

6568.3-6568.4 6568.5-6568.6 6568.7-6568.8 6568.9-6568.10 6568.11-6568.12 6568.13-6568.14 6568.15-6568.16 6568.17-6568.18 6568.19-6568.20 6568.21-None

6569-6570 6571-6572 6573-6574 6575-6576 6577-6578 6579-65&0 6581-65&2 6583-6584 6585-None 6587-6588 6589-6590· 6590.1-6590.2 6590.3-6590.4 6590.5-6590.6 6590.7-6590.8 6590.9-6590.10

6591-6592 6593-6594 6594.I-None

6595-6596 6597-6598 6599-6600 6601-6602 6603-6604 6605-6606 6607-6608 6609-6610 6611-6612 6612.1-6612.2

6613-6614 6615-6616 6617-661& 6619-6620 6621·6622 66221-None

6623-6624 Currency Date 03-15-06 03-15-06 03-15-06 03-15-06 03-15-06 03-15-06 03-15-06 03-15·06 03-15-06 03-15-06 03-15-06 03-15-06 03-15-06 03-15-06 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 03-15-06 03-15-06 03-15-06 06-30-01 01-01·95 01-01-95 06-30-01 01-01-95 06-30-01 01-01-95 01-01-95 01-01-95 01-01-95 12-31-97 12-31-97 06-3Q.OI 12-31-97 12-31-97 12-31-97 01-15-02 01-15-02 01-15-02 11-15-99 11-15-99 07-15-05 01-15·02 01-15-02 01-15-02 07-15-05 07-15-05 07-15-05 07-15-05 05-15-02 01-15-02 01-15-02 01-15-02 07-15-05 07-15-05 01-15-02

07-15-2006TABLE OFCURRENT PAGES

Pages 662:;·6626 6627·6628 6629-6630 6631-6632 6633-6634 6635-6636 6637-6638 6639-6640 6640.1-None

6641-6642 6643-6644 6645-6646 6647-6648 6649-6650 6651-6652 6653-6654 6655-6656 6657-6658 6659-6660 6661·6662 6662.1-6662.2 6662.3-6662.4 6662.5-6662.6 6662.7-6662.8 6662.9-6662.10 666211-6662.12 TAB: Appendix

6663-None 6665-None 6667-None 6669-None 6671·6672 6673-6674 6674.1-None

6675-6676 6677-6678 6679-6680 6681-6682 6683-None

07-15-2006 Currency Date 05-15-02 01·15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 07-15-05 07-15-05 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 01-15-02 07-15-05 01-15-02 01-15-02 07-15-05 01-15-02 01-15-02 01-15-02 07-15-05 07-15-05 07-15-05 07-15-05

07-15-OS 10-31-98 10-31-98 10-31-98 10-31-98 07-15.{)5 07-15-05 0],]5-02 1(]'3 1-98 10-31-98 07-15-05 10-31-98 Pages 6685-None 6687-6688 6689·6690 6691-None 6695-None 6697-None 6699-6700 6701-6702 6703-6704 6704.1-6704.2 6704.3-6704.4 6704.5-6704.6

6705-6706 6707-6708 6709-6710 6711-6712 6713-None 67I5-None 6717·None 6719-None 6721-None 6723-None 6725·None 6727-None 6729-None 6731-None 6733-None 6735-None 6737-None 6739-None 6741-None 6743-None 6745-None TAB: Annotations

Anno I-Anno 2 Anno 3-Anno4 Anno 5-Anno 6 Anno 7-Anno 8 Anno 9-None Currtncy Date 01·15-02 10-31-98 10-31-98 03-15-06 10-31-98 10-31-98 10-31-98 07-15-06 07-15-06 07-15-06 07-15-06 07-15-06 10-31-98 10-31·98 10-31·98 07-15-05 07-15-05**07-15~05 07·15~05**  07-15-05 07-15-05 07-15-05**07~15-05** 07-15-05**07-15~05** 07-15-05 07-15-05 07-15-05 07-15-05 07-15-05 07-15-05 07-15-05 07·15-05

02-01-05 02-01-05 02-01-05 02-01-00 02-01·05



### xv

# STATE OF NEW YORK

OFFICIAL COMPILATION

OF



# CODES, RULES AND REGULATIONS

GEORGE 

### E. PATAKJ 

### Governor

ALEXANDER 

### F. TREADWELL 

### Secretary of State

Publishedby

DEPARTMENT OF STATE 4] State Street Albany

, New Yark 1223 1 111/99CHAPTER IV QUALITY SERVICES


# CHAPTER IV QualityServices (Continued)

VOLUME A-1 

### Subchapter A Pesticide Control VOLUME A-2 

### Subchapter B Solid Wastes VOLUME A-2a 

### Subchapter B Solid Wastes (continued) 

### VOLUME A-3 

### Subchapter C Radiation Subchapter D Mineral Resources (Mined Land Reclamation) SubchapterE Noise SubchapterF Contracts Subchapter G Program Fees


## SUBCHAPTER B 

## Solid Wastes (continued) § 370.1



### PART

320

360

370

380 420 450 479 480



### PART 370 371 372



### 373 

### 374

375 

### 376 Hazardous Waste Management System-General 

### Identification and Listing ofHazardous Wastes Hazardous Waste Manifest System and Related Standards for Gener

### ators, Transporters and Facilities Hazardous Waste Management Facilities Standards for the Management of Specific Hazardous Wastes and 

### Specific Types ofHazardous Waste Management Facilities Inactive Hazardous Waste Disposal Sites Land Disposal Restrictions



## PART 370

HAZARDOUS WASTE MANAGEMENT SYSTEM-GENERAL

(Statutory authority: Environmental Conservation Law, art. 1, title 

### 1. art. 3, title 3. §§ 19-0301. 19-0303, 19-0304, 19-0306,23-2305.23-2307,23-2308, art. 27. §§ 27-0105,

27-0106,27-0305,27-0905. titles I, 3, 7, 9, §§ 70-0107, 70-0109. 70-0115, art. 71, § 71-2201. titles 27, 35)

Sec. 370.1 General 370.2 Definitions 370.3 Variances 370.4 Case-by-case regulation ofhazardous Waste recycling activities 370.5 Rule making petitions

Historical Note Part (§§ 370.1·370.3) filed May 14. 1985 eff. 60 days after filing. 

### § 370.1 General.

(a) 

### Purpose, scope and applicability. (1) 

### This Part provides definitions of terms and general standards applicable to Parts 370 through 374. and 376 ofthis Title.

07-15-2006 6015 Conservation

### § 

### 370.1 TITLE 6 ENVlRONMENTALCONSERVATlON

(2) In this Part:

(0 Subdivision (b) ofthis section sets forth the regulations that the department will use in making information itreceives available to the public. and sets forth the requirements that generators, transporters or owners or operators of treatment, storage or disposal facilities must follow to assert claims ofbusiness confidentiality with respect to information that is submitted to the department under Parts 370 through 374. and 376 ofthis Title.

(m Subdivision (c) ofthis sectionestablishes rules ofgrammaticalconstruction forParts 370 through 374. and 376 ofthis Title.

(iii) Section 370.2 ofthis Part defines terms which are used in Parts 370 through 374, and 376 ofthisTitle. Thedefinitions for solidand hazardous waste aregiven insection 371.1 ofthis Title.

.

(iv) Section 370.3(b) of this Part establishes procedures for petitioning the commissioner to approve testing methods as equivalent to those prescribed in Part 371, Subparts 373-2 and 373-3, and Part 376 ofthis Title.

(v) Section 370.3(c) ofthis Partestablishes procedures for petitioning the departmentto exclude awaste from aparticular facility

.. (A) 12iF88RS Stll3j88t '8**~kis** pftft 8:Pe 8186 

### Stl8jeet 18 PM 

### 378 efthis Title. (b) Safeguarding information. (1) Any request for the release ofinformation in the custody ofthe department related to this Part orParts 371 through 374, and 376 ofthis Title shall behandled according to the provisions ofPart 616 ofthis Title.

(2) In accordance with section 616.7 ofthis Title, the department shall hold confidential any information concerning the chemical composition, quantity. method oftreatmentor disposal ofhazardous waste orany informationrelated thereto when shown by any person that such information, if made public, would divulge competitive business information, methods or processes entitled to protection as trade secrets of such persons. However, such information may be disclosed to any officers, employees or authorized representatives ofthe United States

orthe state concerned with carrying out RCRA orthe State hazardous waste program or when relevant in any proceeding thereunder. In addition. any information required by section 372.5 ofthis Title which is submitted in notification ofintent to export a hazardous waste will be provided to the Department of State and the appropriate authorities in a receiving country regardless ofany claims ofconfidentiality. (c) Use of numberandgender. As used in Parts 370 through 374, and 376 ofthis Title: (1) words in the masculine gender also include the feminine and neutergenders; (2) words in the singular include the plural; and (3) words in the plural include the singular. (d) Severability. If any provision of this Part or its application to any person or circumstanceis heldinvalid, the remainderofthis Part. and the application ofthose provisions to persons
or circumstances otherthan those to Which it is heldinvalid, shall notbe affected thereby.

(e) References. The following Federal regulations ortechnical material are incorporated by reference. These references are available for inspection and copying at department offices. Division ofsolid and Hazardous Materials, 625 Broadway, Albany. NY 12233, orcan 

### be directly obtained from the sources listed for the given reference. (I) American Society forTesting and Materials.

(i) Std. D-93-0ctober 1985, "StandardTestMethods forFlash Point by Pensky-Manens ClosedTester".

(ii) Std. D-140-January 1981, "Standard Method ofSampling Bituminous Materials". (iii) Std. D-346-February 1981, "Collection and Preparation ofCokeSamples for Laboratory Analysis".

(iv) Std. D-420-December i979, "Standard Recommended Practice for Investigating and Sampling Soil and Rock for Engineering Purposes".

6016 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 370.1

(v) 

### Std. D-1452-June 1980. "Soil Investigation and Sampling

### by Auger Borings". (vi) Std. D-2234-September 1982. "Collection ofa Gross Sample ofCoal". (vii) Std. D-3278-0ctober 1982. "Flash Point of Liquids by Small Scale Closed-Cup 

### Apparatus"

.

(viii) Std. D-1946-June 1982, "Analysis ofReformed Gas by Gas Chromatography". 

### Ox) Std. D-**2382~November** 

### 1983. "Heat ofCombustion ofHydrocarbon

### Fuelsby Bomb Calorimeter (High Precision Method)".

(x) Std.**D-2879~1992,** 

### "Vapor Pressure-Temperature Relationship and Initial DecompositionTemperature ofLiquids 

### by lsotcniscope".

(xi) Std. D-4420-0ctober 1989, "Determination ofAromatics in Finished Gasoline by 

### Gas Chromatography".

(xii) Std. E-169-February 1987. "General Techniques ofUltraviolet-Visible Quantitative Analysis".

(xiii) Std. E-168-1988, "General Techniques ofInfrared Quantitative Analysis". (xiv) Std. E-260-June 1985. "Packed Column Gas Chromatography". (xv) Std. G-21-April 1970 (reapproved 1980), "Detennining Resistance of Synthetic 

### Polymeric Materials to Fungi".

(xvi) Std. G-November 1976 (reapproved 1985), "Detennining Resistance ofPlastic 

### to Bacteria".

(xvii) Std. E-926-1994, "Preparing Refuse-Derived Fuel (RDF) Samples for Analysis of 

### Metals," Test Method C - Bomb, Acid Digestion Method. American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103 

### (2) Code of FederalRegulations (CFR). 

### (i) 29 CFR-title 29 ofthe Code ofFederal Regulations 

### (Labor), revised as ofJuly 1, 2002: (a) 

### parts 1900 through end. 

### (ii) 33 CFR-title 33 of the Code ofFederal Regulations 

### (Navigation and Navigable Waters), revised as ofJuly 1, 2002: (a) 

### parts 1 through 199. 

### (iii) 40 CFR-title40 ofthe Code of FederalRegulations 

### (Protection ofEnvironment), 

### revised as ofJuly 1,2002: (a) 

### parts 

### I through 80; (b) 

### parts 100through 259; (c) 

### parts 260 through 299, except subpart H-Transfrontier Shipments of Hazardous Waste for Recovery within the OECD of40 CFR 

### part 262;

(d) 

### parts 300 through 399; (e) 

### parts 700 through end. 

### (iv) 49 CFR-title 49 ofthe Code ofFederal Regulations 

### (Transportation), revised as ofOctober 1, 2002: (a) 

### parts 100 through 199. 

### (v) 40 CFR

- title 40 of the Code ofFederal Regulations 

### (Protection ofEnvironment) part 268 revised as ofJuly I, 

### 1990, for the purposes ofsection 376.4(a)(9) ofthis Title. 

### Superintendent ofDocuments, U.S. Government Printing Office, Washington, DC 20402 

### (3) Federal Register:

(i) 

### 45 FR 

### 12746 

### etseq.-FederalRegister, February 26.1980. (ii) 70 FR 

### 10775 

### etseq.-FederalRegiS/er, March 4. 2005.

07-15-2006 

### 6017 Conservation

### § 

### 370.1 TITLE 6 ENVIRONMENTAL CONSERVATION



### (iii) 70 FR 35034 elseq.-Federal Regisler. 

### June 16.2005. 

### SuperintendentofDocuments, U.S. Government Printing Office, Washington. DC 20402 (4) National Association ofCorrosion Engineers:



### (i) TM-01-69 National Association of Corrosion Engineers (NACE). P.o. Box 218340, Houston, TX 

### 77218

(5) National Fire Protection Association:



### (i) Flammable and Combustible Liquids Code. 1996 

### National Fire Protection Association. One Batterymarch Park. Quincy. MA 02269-9101 (6) (i) 

### American Petroleum Institute (API) Publication 2517. 3rd Edition, February 

### 1989. Evaporative Loss from External Floating-RoofTanks. available from the American Petroleum Institute. 1220 LStreet. Northwest, Washington. DC 20005.

(ii) OECD test 301B: (CO, Evolution [Modified Sturm Test]). sub OECD Test Guidelines. July 1992.2001 L Street Northwest. Suite 615. Washington, DC 1-800-453-6323.

(iii) DOD Explosives Safety Board (DDESB) storage standards. DOD 6055,9-STD (DOD Ammunition and Explosive Safety Standards) effective January 1998. (7) 

### U.S. Code-Federal laws:

(i) Atomic Energy Act. 1954(42 USC 2011 elseq.), 

### USC 1988, volumes 15. 16 and 17. Supplement III (January 3. 1989 to January 1992).

(ii) Clean Air Act. 1955 (42 USC 7401-7626), USC 1988 volumes IS. 16 and 17, Supplement III (January 3. 1989 to January 1992).

(iii) Clean Water Act. 1977 (33 USC 1251 el seq.), 

### USC 1988, volume 13. Supplement IV (January 3. 1989 to January 1993).

(iv) Comprehensive Environmental Response. Compensation and Liability Act. 1980 

### (42 USC 9601 el seq.). 

### USC 1988. volumes 15. 16 and 17. Supplement III (January 3, 1989 to January 1992).

(v) Investment Company Act, 1940 (15 USC 80a-l and 80a-2). USC 1988, volume 5, Supplement IV (January 3. 1989 to January 1993).

(vi) Marine Protection Research and Sanctuaries Act, 1972 (33 USC 1401 etseq.), USC 

### 1988. volume 13. Supplement IV (January 3,1989 to January 1993).

(vii) Resource Conservation and Recovery Act, 1976 (42 USC 6901 efseq.). 

### USC 1988, volumes 15. 16 and 17, Supplement III (January 3. 1989 to January 1992).

(viii) Safe DrinkingWatetAct. 1944 (42 USC 3OOfto 3OOj-II), USC 1988, volumes 15, 16 and 17. Supplement 111 (January 3. 1989 to January 1992). (a) Underground Injection ControL 

### (ix) Bankruptcy Procedures Act. 1978 (11 

### USC 101 el seq.) 

### USC 1988, volume 4. Supplement IV (January 3, 1989 to 

### January 1993).

(x) 

### Federal Insecticide, Fungicide, Rodenticide Act, October 1988. United States Environmental Protection Agency.



### (xi) Federal Food, Drug and Cosmetic Act. July 1993. Superintendent ofDocuments, U.S. Government Printing Office, Washington, DC 20402 (8) United States Environmental Protection Agency:



### (i) "Test Methods for Evaluating Solid Waste. Physical/Chemical Methods." EPA Publication SW-846 Third Edition, (November 1986), as amended by Updates I (July 1992).11 (September 1994).I1A (August 1993),I1B (January 1995).111 (December 1996). and IllA (April 1998) document number 955-001-00000-1).

(ii) "Procedures Manual for Groundwater Monitoring at Solid Waste Disposal Facili

### ties," (EPA-530/SW-61l). August 1977.

6018 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 370.2

(iii) "Methods for Chemical Analysis of Water and Wastes," PB84-128677, March 1983.

(iv) "Samplers and Sampling Procedures for Hazardous Waste Streams," (EPA-6oo/2-80-01 8), January 1980.

(v) "APT) Course 415: Control of Gaseous Emissions," EPA Publication EPA-45012-8l-005, December 1981.

(vi) "ScreeningProcedures for Estimating the AirQuality ImpactofStationary Sources, Revised," October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, ResearchTriangle Park, NC.

(vii) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM: Non-polarMaterial) by Extraction and Gravimetry, February 1999.

Note: (8)(i) can be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. (8)(i)·(vi) can be obtained from National Technical Information Service, 5285 Pon Royal Road, Springfield, VA 22161.

(i) 

### from: American National Stan 25 West43rd Str New Yor 10036 2·4980

..

(f) 

### Any laboratory tests or sample analyses required under article 27 ofthe ECL or Parts 370 through 374 and376 ofthis Title, for which theCommissioneroftheNew York StateDepartment ofHealth issues certificates ofapproval, must be performed by alaboratory certified to perform such tests or analyses pursuant to the New York State Department of Health (NYSOOH) Environmental Laboratory Approval Program (ELAP). The certificate of approval must have been issued by the NYSDOH commissioner pursuant to section 502 of the Public Health Law, and the certificate must be valid and current as provided for underthe ELAP.

Historical Note Sec. filed May 14, 1985; amds. filed; May 2, 1986; Oct. 26, 1988; Dec. 2, 1991; Nov. 19, 1993; Nov. IS, 1994; Sept. 20, 1996; Sept. 29, 1998; June 19,2001; Jan. 14.2002; July 5, 2005; March 13,2006; July 7,2006 err. Sept. 5. 2006. Added (e)(3)(ii)-(iii). 

### § 

### 370.2 Definitions.

(a) The definitions of

### solidwaste and 

### hazardous waste are given in section 37I.l(c) and (d) 

### ofthis Title.

(b) 

### Other definitions. (1) 

### Aboveground lank means 

### a device meeting the definition of tank in this subdivision**whe~by** 

### the entire surface area of the tank is completely above the plane ofthe adjacent surrounding surface areaofthe tank (including the tankbottom) is able to be Visually inspected.



### (2) Accumulation area means an area located atornear the point ofmanufactureror other activity where the generation ofhazardous waste initially occurs and the accumulation is done in accordance with the requirements ofsection 372.2(a)(8)(i) ofthis Title.

(3) 

### Act or ReRA 

### means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, 42 USC 6901 

### et seq. (see section 370.1(e] of this Part).

(4) 

### Active life of afacility means the period from the initial receipt ofhazardous waste at the facility until the commissionerreceives certification offinal closure.

07·15·2006 6019 Conservation

### § 

### 370.2 TITLE 6 ENVIRONMENTALCONSERVATION

(5) Active portion means that portion of a facility where treatment, storage or disposal

- operations are being orhavebeen conducted and which is not aclosedportion. (See also closed

portion and inactive portion.)

(6) Acute hazardous waste means any waste listed in section 371.4(d)(5) ofthis Title and any waste listed in section 371.4(b) and (c) ofthis Title with an "h" hazard code.

(7) Administratormeans the Administrator ofthe U.S. Environmental Protection Agency.

or the administrator's designee.

(8) Airport means a public-use airport open to the public without prior permission and without restrictions within the physical capabilities ofavailable facilities.

(9) Ancillary equipmefll means any device. including but not limited to such devices as piping, fittings. flanges, valves, and pumps, thatis used to distribute, meter. orcontrol the floy.' ofhazardous waste from its pointofgeneration to storage ortreatment tanks, betweenhazardous waste and storage treatmenttanks to a pointofdisposal onsite orto apoint ofshipment for disposal offsite.

(10) Application means the department's standard forms for applying for a permit under Part 373 of this Title. including any additions, revisions or modifications to the forms. Application also includes the information required by the department under Part 373.

(11) Approvedprogram or approved state means a state which has been approved or authorizedby EPA under40 CFR part 271 (see section 370.1[e] ofthis Part).

(12) Aquifer means a geologic formation. group of formations, or part of a formation capable ofyielding a significantamount ofground water to wells or springs.

(13) Authorizedrepresemative means the person responsible for the overall operationofa facility oran operational unit (i.e., part ofafacility), such as the plant manager. superintendent

or person ofequivalentresponsibility.

(14) Authorizedtreatment, storage ordisposalfacility orauthorizedfacility with respect to a particular hazardous waste means a treatment, storage or disposal facility which is authorized, under the laws and regulations of both the Federal government and the state in which itis located. to accept the hazardous waste for treatment, storage ordisposaL

(15) Battery means adevice consisting ofoneormore electrically connectedelectrochemical cells which is designed toreceive, store anddeliverelectric energy. An electrochemicalcell is asystemconsisting ofan anode, cathode, and an electrolyte, plus suchconnections (electrical and mechanical) as may be needed to allow the cell to deliveror receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.**(18~** 

### RM1'99'l HtiQGS 

### 'Rei selic4 FQr;k 

### YA:Q@A)ing**tifte8R58IiQa~g.** 

### eaRR**M8~8R816,** ittehtsiMg tRfJSe 1'8rtieflS eXt56seei at**~e** 

### eartlt's stltfaee.

(17) Bodily injury means injury to the body. sickness ordisease, including death resulting from any ofthese.

(18)

.Boiler means an enclosed device using controlled flame combustion and having the following characteristics: (i) (a) the unit must have physical provisions for recovering and exporting thermal energy in the form ofsteam, heated fluids orheated gases;

(b) the unit's combustion chamberandprimary energy recovery section(s) mustbe of integral design. To be ofintegral design, the combustion chamberand the primary energy recovery section(s) (such as water-walls and superheaters) must be physically formed into

one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) arejoined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air pre-heaters) need not be physically formed into the same unit as the combustionchamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process

6020 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 

## 370.2

heaters (units that transfer energy directly to aprocess stream), and fluidized bed combus

### tion units;

(c) while in operation, the unit must maintain athenna} energy recovery efficiency of at least 60 percent, calculated in terms ofthe recovered energy compared with the thermal value ofthe fuel; and



### (d) 

### the unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples ofinternal use arc the preheating offuel

orcombustion air, and the driving ofinduced or forced draft fans orfeedwater pumps.); or (Ii) the unit is one which the commissioner has detennined, on a**case~by·case** basis, to be a boiler, after considering the standards in section 370.3(f) ofthis Part. 

### (19) Carbon regeneration unit means any enclosed thennal treatment device used to regenerate spent activated carbon. (20) 

### Cerrification means a statement ofprofessional opinion based upon knowledge and belief.



### (21) Class A

### explosive defined in 49 CFR 173.53 (see seclion 370.1 [e] ofthis Part). 

### (22) Class B explosive defined in 49 CFR 173.88 (see section 370.1 tel ofthis Part). 

### (23) CFR means the 

### Code of Federal Regulations. (24) 

### Characteristic hazardous waste means a waste which is hazardous solely because it possesses at least one ofthe characteristics given in section 371.3 ofthis Title.

(25) 

### Closedportion means that portion ofa facility which an owner oroperatorhas closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also active portion and inactive portion.)

(26) 

### Closure means the act ofsecuring a hazardous waste management facility pursuant to the requirements ofPart 373 ofthis Title. (27) 

### Commercial hazardous wastefacilities orcommercial facilities means a facility that receives from offsite any hazardous waste from any person that is not a part ofthe same trust, finn, joint·stock company, corporation (including a government corporation), partnership, association state. Federal government and any agency thereof, municipality, commission, political subdivision ofa state. or any interstate body, except when small quantities ofhazard·

ous wastes from public bodies are accepted on an emergency basis with the approval of the commissioner on a no·cost basis. Treatment, storage and disposal units located at commercial facilities are not considered part of the commercial facility if they manage only hazardous waste initially generated onsite resulting from the recycling ofcharacteristic hazardous wastes

or the reclamation ofprecious metals.

(28) 

### Commissionermeans the Commissioner ofthe New York State Department ofEnvironmental Conservation or the commissioner's designee.

(29) 

### Component means any constituent part ofa unit orany group ofconstituent parts ofa unit which are assembled to perfonn a specific function 

### (e.g., a pump seal, pump. kiln liner. kiln thennocouple).

(0) 

### Compostingfacility means any facility used to provide aerobic, thennophilic decomposition of the solid organic constituents of solid waste to produce a stable, humus·like material.

(31) 

### Confined aqUifer means an aquifer bound above and below by impenneable beds or by beds of distinctly lower penneability than that ofthe aquifer itself; an aquifer containing confined ground water.



### (32) Consignee means the ultimate treatment, storage or disposal facility in a receiving COUntry to which the hazardous waste will be sent.

(3) 

### Constituent or hazardous waste constituent means a constituent which caused the commissionerto list the hazardous waste in section 371.4 ofthis Title or a constituent listed in table 1 ofsection 371.3(e) oflhis Title.

07-15-2006 6021 Conservation

### §370.2 TITLE 6 ENVIRONMENTAL CONSERVATION



### (34) Container means any portable device in which a material is stored. transported,

.treated. disposed of. or otherwise handled.

. 

### (35) Containment building means ahazardous waste management unit thatis used to store

or treat hazardous waste under the provisions ofsections 373-2.30 and**373~3.30** 

### ofthis Title.



### (36) Contingency plan 

### means a document setting out an organized. planned and coordinated course ofaction to be followed in case ofa fire, explosion or release ofhazardous waste

or hazardous waste constituents which could threaten human health or the environment



### (37) Corrective action management Wllt 

### (CAMU) means an area 

### within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility.

(38) 

### Corrosion expert refers to persons who. by reason oftheir knowledge ofthe physical sciences and the principles ofengineering and mathematics acquired by a professional**educa~** 

### tion and related practical experience. is qualified to engage in the practice ofcorrosion control

onburied or submerged metal piping systems and metal tanks. Such a person must be certified

as being qualified by the National Association of Corrosion Engineers (NACE) or be a professional engineer registered in New York who has licensing or certification that includes education and experience in corrosion control on buried or sUbmerged metal piping systems and metal tanks.



### (39) Covermaterial means soil and other suitable material acceptable to 

### the department that is used to covercompacted solid waste. including hazardous waste, in a land disposal site.

(40) CWA 

### means the Clean Water Act. 33 USC 1251 

### et seq. (formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act amendments of 1972) (see section 370.1[eJ ofthis Part).

(41) 

### Daily cover means a compacted layer ofat least six inches or cover material that is placed on all exposed solid waste. including hazardous waste. in a landfill at the end ofeach day ofoperation.



### (42) Department means the New York State DepartmentofEnvironmental Conservation. 

### (43) Designatedtreatment, storage ordisposalfacility ordesignated facility means: (i) 

### a hazardous waste treatment. storage or disposal facility which:

(a) 

### has received a permit (or interim status) from EPA in accordance with the requirements of40 CFR parts 270 and 124. or a Part 373 permit ofequivalent (or interim status). from an approved state, or is regulated under section 471.I(g)(3)(ii) or 374-1.6 of this Title. oris exempt from permitting pursuant to 

### section**373~** 

### 1.1(d)(2) ofthis Title; and

(b) 

### has been designated on the manifestby the generator pursuant to section 372.2(b) ofthis Title. (ii) 

### Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with section 373-2.5(b)(I)(vi) or 373-3.5(b)(1)(vi) ofthis Title.

(iii) 

### Ifa waste is destined to a facility in an authorized state which has not yet obtained authorization to regulate that particularwaste as hazardous, then the designated facility must be a facility allowed by the receiving state to accept such waste. (44) 

### Destinationfacility means a facility that treats, disposes of, or recycles a particular category of universal waste. except those management activities described in sections 374-3.2(d)(1) and (3) and 374-3J(d)(1) and (3) of this Title. A facility at which a particular category of universal waste is only accumulated. is not a destination facility for purposes of managing that category ofuniversal waste.



### (45) Dike means an embankment or ridge ofeither natural or**man~made** 

### materials used to prevent the movement ofliquids, slUdges, solids or other materials.



### (46) Director means the Director of the Division ofHazardous Substance Regulation of the New Yark State Department ofEnvironmental Conservation or the Director's designee.

6022 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 

## 370.2

(47) Discharge orhazardous waste discharge means the accidental orintentional spilling, leaking, pumping, pouring, emitting. emptying ordumping ofsolid or hazardous waste into or

on any land or water.

(48) Disposal 

### means the abandonment, discharge, deposit, injection, dumping, spilling, 

### leaking or placing of any solid waste, including hazardous waste, into or onto any lands or waters ofthe State, so that such waste or hazardous waste or any related constituent thereof 

### may enter the environment, or be emitted to the air, or discharged to any waters, including ground waters thereof. Disposal also means the thennal destruction of wastes or hazardous waste and the burning ofsuch wastes as fuel for the purpose ofrecovering usable energy.



### (49) DisposalfaGility means a facility or part ofa facility at which solid waste, including hazardous waste, is intentionally placed into or on any air, land or water, and at which waste will remain after closure. The term disposal facility does not include a correction action managementunit into which remediation wastes are placed.



### (50) Disposerstate means the state in which the designated treatment, storage or disposal facility is located.



### (51) Division means the Division ofSolid and Hazardous Materials ofthe New York State Department ofEnvironmental Conservation.



### (52) Drippad is an engineered structure consisting ofa curbed, free-draining base,**con~** 

### structed ofnon-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface waterrun-on to an associatedcollection system at wood preserving plants.



### (53) ECL or Environmental Conservation Law means chapter 43-B of the Consolidated Laws ofNew York State, entitled the Environmental Conservation Law.



### (54) Elementaryneutralization unit means a device which:

(i) is used for neutralizing wastes which are hazardous only because they exhibit the corrosivity characteristic defined in section 371.3(c) of this Title, or are listed in section 371.4 solely because they are corrosive; and

(ii) meets the definition of tank, tank system, container, transport vehicle or vessel in this Part. 

### (55) Energy recovery means the beneficial use orreuse orlegitimate recycling orreclamation of solid waste, including hazardous waste, through the combustion of such waste to

recover energy.



### (56) Environmental Notice Bulletin (ENB) means the publication ofthe department published pursuant to section 3-0306 ofthe 

### Environmental Conservation Law.



### (57) Environmental Protection Agency (EPA) means the United States Environmental Protection Agency.



### (58) EPA acknowledgmentof consent means the cable sentto EPA from the U.S. Embassy in areceiving country that acknowledges the written consentofthe receiving country to 

### accept the hazardous waste and describes the terms and conditions ofthe receiving country's consent
to 

### the shipment.



### (59) EPA hazardouswaste numbermeans the number assignedby the EPA orthe commissioner to each hazardous waste listed in section 371.4 ofthis Title and to each characteristic identified in section 371.3.



### (60) EPA identification numbermeans the number assigned by EPA or the commissioner
to 

### each generator, transporter, and treatment, storage or disposal facility.



### (61) Equivalentmethodmeans any testing or analytical method approved by the**commis~** 

### sionerunder this Part.



### (62) Evidence of security means a suretybond orapolicy ofinsurance with the appropriate endorsement attached.



### (63) Exception report means the report made by the generator if shipment receipt is not acknowledged by the designated facility pursuantto 

### section 372.2(c)(3) ofthis Title.

01-15-2002 6023 Conservation

### §370.2 TITLE 6 ENVIRONMENTAL CONSERVATION



### (64) Existing hazardous waste management (HWM)facility or existingfacility means a facility which was in operation or for which construction commenced on or before November 

### 19, 1980. A facility 

### has commenced construction if 

### the owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction, and either: 

### (i) a continuous onsite, physical construction program has hegun; or (ii) 

### the owner or operator has entered into contractual obligations, which cannot be cancelled ormodified without substantial loss, for physical construction ofthe facility to 

### be completed within a reasonable time. 

### (65) Existingportion means that land, surface area ofan existing waste managementunit, 

### included in the original RCRA part. 

### A permit application, on which wastes have been placed prior to the issuance ofa permit.



### (66) Existing tanksystem orexisting componentmeans a

### tank system or component thatis used for the storage or treatment of hazardous waste and that is in operation, or for which installation has Commencedon orpriorto July 14, 1986. Installation will be 

### consideredto have commenced if the owner or operator has obtained all Federal, State and local approvals or pencits necessary to begin physical construction ofthe site or installation ofthe tank system and ifeither: (i) a continuous onsite physical construction or Installationprogram has begun; or (ii) 

### the owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the site or installation ofthe tank systemto be completed within a reasonable time frame. 

### (67) Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), 

### damaged or deteriorated explosives or munitions, an improvised explosive device (lED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by 

### an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, 

### or eliminate the threat.



### (68) Explosives ormunitions emergency response means all immediate response activities by an explosives andmunitions emergencyresponse specialistto control, mitigate, oreliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in·place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion ofan explosives or munitions emergency response caused by a necessary, unforeseen, oruncontrollable circumstancewill notterminate the explosives ormunitions emergency. Explosives andmunitions emergency responses canoccuroneitherpublic orprivate lands and

are not limited to responses at RCRA facilities.



### (69) Explosives ormunitions emergency response specialistmeans anindividual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include DepartmentofDefense (DOD) 

### emergency explosive ordnance disposal (EOD),**techni~** 

### cal escort unit (TED), and**DOD~certified** 

### civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.



### (70) Facility means:



### (i) all contiguous land, and structures, other appurtenances, and improvements on the land, used for treating, storing, or disposing ofhazardous waste. A 

### facility may consist of several treatment, storage or disposal operational units (e.g., 

### one or more landfills, surface impoundments, or combinations ofthem);

6024 

### Conservation 01-15-2002CHAPTER IV QUALITY SERVICES 

### § 

### 370.2

(ij) 

### for the purpose of implementing corrective action under section 373-2.6(1) of this Title. all contiguous property under the control of the owner or operator seeking a pennit under subtitle C of RCRA or article 27, title 9 of the EeL. 

### This definition also applies to facilities implementing corrective action under Subpart 373-2 ofthis Title, 

### EeL 71-2727(3),

or RCRA 

### section 3008(h); and

(iii) 

### notwithstanding subparagraph (ij) 

### ofthis paragraph, a remediation waste management siteis not a facility that is subject to 

### section 373-2.6(1), corrective action for solid waste management units, ofthis Title, but is subject to corrective action requirements 

### ifthe site is located within such a facility. (71) 

### Facility mailing list

### means the mailing list for a facility maintained by the department in accordance with section 621.6(d)(4) ofthis Title.



### (72) Federalagency means any department. agency or other instrumentality ofthe Federal government, and any independent agency or establishment ofthe Federal government**includ~** 

### ing any government corporation and the Government Printing Office. (73) 

### Federal, State and local approvals orpennits necessary to begin physical construction means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.

(74) 

### Final authorization means approval by EPA of a State program which has met the requirements ofsection 3006(b) ofRCRA and the applicable requirements of40 CFR part 271, subpart A (see section 370.1 [e] ofthis Part).

(75) 

### Final closure means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements, so that hazardous waste**man~** 

### agement activities under Subparts 373-2 and**373~3** 

### ofthis Title are no longer conducted at 

### the facility unless subject to the provisions in section 373.2(a)(8) ofthis Title. (76) 

### Final cover means the cover material placed on all surfaces of a landfill where no additional refuse will be deposited within one year. These areas must be designed and**con~** 

### structed in accordance with the requirements ofsection 373-2.14 ofthis Title.

(77) 

### Floodplain shall mean any land susceptible to being inundated by water from any

source. A**lOO~year** 

### flood plain is that land inundated by a**100~year** 

### flood thathas a one-percent chance ofoccurring in any given year.

(78)**Food~chaill** 

### crops means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

(79) 

### Forbidden explosive is defined in 49 CFR section 173.51 (see section 370.1 [e] ofthis Part). (80) 

### Freeboard means the vertical distance between the lowest elevation ofthe top of a tank ofsurface impoundment dike and the surface ofthe waste contained therein.

(81) 

### Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure. (82) 

### Functionally equivalent component means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component. (83) 

### Generator means any person, by site. whose act or process produces hazardous waste

as defined in Part 371 of this Title, or whose act first causes a hazardous waste to become subject to regulation.

(84) 

### Generator state means the state which is the point of origin for a hazardous waste shipment.

(85) 

### Ground water means those waters in the zone ofsaturation, including perched water

areas.



### (86) Hazardous H-'aste means a hazardous waste as defined in Part 371 ofthis Title. 

### (87) Hazardous waste constituent means a constituent that caused the commissionerto list the hazardous waste in section 371.4 ofthis Title. or a constituent listed in section 371.3(e).

6025 Conservation

### § 

### 370.2 TITLE 6 ENVIRONMENTAL CONSERVATION



### (88) Hazardous waste managementmeans the systematic control ofthe collection, source separation, storage, transportation, processing, treatment, recovery and disposal ofhazardous waste.



### (89) Hazardous wastemanagementfacility(HWM facility) means all contiguous land. and structures, other appurtenances and improvements on the land, used for treating, storing or disposing ofhazardous waste. A facility may consist ofseveral treatment. storage or disposal operational units.

Note: A HWM facility does not include any unit which is designated as a CAMU. 

### (90) Hazardous waste management unit is a contiguous area of land on or in which hazardous waste is placed, orthe largest area in which there is significant likelihood ofmixing hazardous wasteconstituents inthe same area. Examples ofhazardous waste managementunits include a surface impoundment, a waste pile, aland treatment area. a landlill cell. an incinerator, atank andits associated piping andunderlying containment system. and acontainerstorage

area. A container alone does not constitute a unit; the unitincludes containers and the land or pad upon which they are placed.



### (91) Households include, but are not limited to, single and mullipJc residences. hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds. and day use recreation areas. (See household hazardous waste.)

would be ahazardous waste underPart 371 ofthisTitle and includes all pesti,-;'"",,,,,,,,-m::r; EeL article 33, that originate from ahousehold. (See ho_u,::::;se__._--



### (93) Household hazardous waste e aeWty means any facility or site authorized, under Subpart 373-4 e, to accept household hazardous waste. or waste from conditio' pt small quantity generators oreligible farmers on a temporary, periodic, or



### (94) Inactiveportion means that portion ofa facility which is not operated afterNovember 

### 19,1980.



### (95) Incineratormeans any encloseddevice that:

(i) uses controlled flame combustion and neithermeets the criteria forclassification as a boiler. slUdge dryer or carbon regeneration unit, nor is listed as an industrial furnace. Air pollution consequences ofhazardous waste incinerators are regulated pursuant to Parts 200, 20 I. 212. 225 and 257 ofthis Title; or

(ii) meets the definition ofinfrared incineratoror plasma arc incinerator. 

### (96) Incompatible waste means ahazardous waste which is unsuitable for:

(i) placementin aparticulardevice orfacility becauseit may cause corrosion ordecay or contaminant materials; or

(ii) commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure. fire or explosion, violent reaction, toxic dusts. mists, fumes or gases, or flammable fumes or gases. 

### (97) Individual generation site means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste. but is considered a single or individual generation site ifthe site orproperty is contiguous.



### (98) Industrialfurnace means any of the following enclosed devices that are integral components ofmanufacturing processes and use thermal treatment to accomplish recovery of materials orenergy: (i) cement kilns; (ii) lime kilns: (iii) aggregate kilns;

6026 Conservalion 07-15-2005CHAPTER IV QUALlTY SERVICES 

### § 

## 370.2

(iv) phosphatekilns; 

### (v) coke ovens; (vi) blast furnaces; (vii) smelting. melting and refining furnaces (including pyrometallurgical devices such

as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces);



### (viii) titanium dioxide chloride process oxidation reactors; (ix) methane reforming furnaces; (x) pulping liquor recovery furnaces; (xi) combustion devices used in the recovery ofsulfur values from spent sulfuric acid; (xii) halogen acid furnaces (HAFs) for the production ofacid from halogenated**hazard~** ous waste generatedby chemical production facilities where the furnace is located on the site ofa chemical production facility. the acid producthas a halogen acid content ofatleastthree percent, the acid productis used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 

### 20 percent as-generated;

(xiii) such otherdevices as the commissionermay, afternotice and comment, add to this list on the basis ofone or more ofthe following factors: (a) the design and use of the device primarily to accomplish recovery of material products;

(b) the use ofthe device to burn or reduce raw materials to make a material product; (c) the use ofthe device to bum or reduce secondary materials as effective substitutes for raw materials in processes using raw materials as principal feedstocks;

(d) the use of the device to bum or reduce secondary materials 

### as ingredients in 

### an industrial process to make a material product;

(e) the use ofthe device in common industrial practice to produce a material product; and



### if) otherfactors, as appropriate. 

### (99) Infrared incinerator means any enclosed device thatuses electric-powered resistance heaters as a source ofradiant heat followed by an afterburner using controlled flame combustion and which is notlisted 

### as an industrial furnace.

(l00) 

### Inground tank means a device meeting the definition of tank in this subdivision whereby a portion of.the tank wall is situated to any degree within the ground thereby preventing visual inspection ofthat external surface area ofthe tank that is in the ground.

(l01) 

### Injection well means a well into which fluids are injected. See also underground injection.

(102) 

### Inner liner means a continuous layer ofmaterial placed inside a tank or container which protects the construction materials ofthe tank or container from the contained waste or reagents used to treat the waste.



### (I03) 

### In operation means a facility which is treating. storing or disposing of hazardous waste.

(04) 

### Installation inspector means persons who, by reason of their knowledge of the physical sciences and the principles ofengineering, acquired by a professional education and related practical experience, is qualified to supervise the installation oftank systems.

(J05) 

### Interconnected tanks means tanks that have interconnected piping such that equip. ment failure at 

### any point in the tank system or operator error could result in the release of hazardous waste from more t,han one tank into the secondary containment system.

(06) 

### Interim authorization means approval 

### by EPA ofa State hazardous waste program which has metthe requirements ofsection 3006(g)(2) ofRCRA and applicable requirements of 40 CFR part 271, subpart B (see section 370.1 [e) ofthis Part).

07·15·2006 6027 Conservation

### § 370.2 TITLE 6 ENVIRONMENTAL CONSERVATION



### (107) Intermediate covermeans acompacted layer ofat least 12 inches ofcover material. 

### (108) International shipment means the transponation of hazardous waste into or out of thejurisdiction ofthe United States.



### (109) Lamp. also referred to as 

### universal waste lamp, is defined as the bulb ortube portion ofan electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible. andinfraredregions ofthe electromagnetic spectrum. Examples 

### of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.



### (110) Land disposal means placement of hazardous waste in or on the land. except in a corrective action management unit, and ihcludes but is not limited to. placement in a landfill. surface impoundment. waste pile, injection well, land treatment facility. salt dome formation. salt bed formation, an underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.



### (Ill) Landfill means a disposal facility or part of a facility where solid waste, induding hazardous waste. is placed in or on land, and which is not a pile. a land treatment facility, a surface impoundment. or underground injection well. a salt dome formation. a salt bed [oonation. an underground mine, a cave, or a corrective action managementunit



### (112) Landfill cell means a discrete volume of a solid or hazardous waste landfill which

uses a liner to provide isolation ofwastes from adjacent cells or wastes. Examples oflandfill cells are lined trenches and pits.



### (113) Land 

### treatmentfacility means a facility or part of a facility at which solid waste. inclUding hazardous waste. is applied onto or incorporated into the soil surface. Such facilities

are disposal facilities ifthe waste will remain afterclosure.



### (114) Leachate means a licj'uid. induding any suspended components or dissolved compounds in the liquid. which has been in contact with or passed through solid waste. induding hazardous waste. (l15) 

### Leak

### detection system means a system capable ofdetecting the failure ofeither the primary or secondary containment structure, orthe presence ofa release ofhazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls 

### (e.g., daily visual inspections for releases into the secondary containment systemofaboveground tanks) orconsist ofan interstitial monitoring device designed to detect continuously and automatically the failure ofthe primary or secondary containment structure

orthe presence ofa release orhazardous waste into the secondary containment structure.



### (16) Lift means the vertical thickness ofacompacted volume ofhazardous waste and the

cover material immediately above it



### (117) Liner means a continuous layer ofnatural or synthetic materials, beneath or on the sides of

### a surface impoundment, landfill orlandfill cell, which restricts the downwardor lateral escape ofsolid waste, including hazardous waste, any constituents of such waste, or leachate.



### (118) Listedhazardouswaste means a hazardous waste that is listedin section 371.4 ofthis Title.



### (119) Lowerexplosive 

### limit(LEL) means the lowest percentage by volume of a mixture of explosive gases which would propagate a flame "in air at 25 degrees Celsius and atmospheric pressure.



### (120) Management or hazardous waste management means the systematic control ofthe collection, source separation, storage. transportation, processing, treatment, recovery and**dis~** posal ofhazardous waste.

(12l) 

### Mantfest means the shipping document EPA fonn 8700-22 (including, ifnecessary, EPA form 8700-22A), originated and signed by the generator orofferorin accordance with the instructions in Appendix 30 

### ofthis Title and the applicable requirements ofParts 372 and 373 ofthis Title.

6028 Conservation 07-\5-2006CHAPTER IV QUALITY SERVICES 

### § 

### 370.2

(122) 

### Manifest tracking number means the alphanumeric identification number 

### (i.e., a unique three-letter suffix preceded by nine numerical digits), which is pre-printed in item 4 of the manifest by aregistered source (see section 372.2[bJ[9) ofthis Title).



### (123) Military munitions means all ammunition products and components produced or used by orfor the 

### U.S. Department ofDefense orthe 

### U.S. Armed Services fornational defense and security, including military munitions underthe control ofthe Depllrtment ofDefense, the 

### U.S. Coast Guard, the 

### U.S. Department ofEnergy (DOE), and National Guard personnel. The term 

### military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riotcontrol agents, smokes, andincendiaries usedby DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, llrtillery ammunition, small

arms ammunition, grenades, mines, torpedoes, depthcharges, clustermunitions and dispensers, demolition charges,and devices and components thereof. Military munitions do not inClude wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nucleardevices, managedunderDOE's nuclearweapons program afterall required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.



### (124) Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to thatdeposit and is then used for reclamation ofa surface mine.



### (125) Miscellaneous unit means ahazardous waste management unitwhere the hazardous· waste is treated, stored, or disposed ofand that is not a container, tank, surface impoundment, pile, land treatment unit. landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR part 146 (see section 370.1[e) ofthis Part), containment building, corrective action management unit, unit eligible for a research, development and demonstration permitunder section 373-J.9(c) ofthis Title. or staging pile.

(118) M(JJlofif,l

### fHeans e spcei:lie l)r,e 

### eHell/lfill

...flele 

### the "ftstcpre;ides lae

### fill !IflS

# aMI,
gQ1!8r; j:.gR=Q[ tA8liB@f, 8ft@: iH 86ffl6 esseS,fSPfft3 the SAM eaJ!!.

(127) 

### Movement means that volume of hazardous waste transported to a facility in an individual vehicle.



### (128) National Pollutant Discharge Elimination System (NPDES) means the national programfor issuing, modifying, revoking andreissuing. terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements under sections 301, 302. 306. 307,318,402 and 

### 405 of the Clean Water Act (see section 370.1[e) of this Part). The term includes an approved program.



### (129) New hazardous waste management'jacility or newfacility means a facility which began operation or for which construction commenced after November 19, 1980. See also existing hazardous waste management facility.



### (130) New tanksystem ornewtankcomponentmeans atank systemorcomponentthatwill be used for the storage or treatment ofhazardous waste and for which installation has commenced after July 14, 

### J986; except, however, for purposes ofsections 373-2.1O(d)(7)(ii) and 373-3.10(d)(7)(ii) ofthis Title, a new tank system is one for which construction commences after July 14, 1986. (See also existing tank system.)



### (131) 

### NYCRR means the Official Compilation of Codes, Rules and Regulations of the State ofNew York.



### (132) Offsite means any property which is not onsite. 

### (133) Onground lank means a device meeting the definition of tank in this subdivision whereby the bottom ofthe tank is on the same level as the adjacent surrounding surface so tbat the external tank bOltom cannot be visually inspected



### (134) Onsite means:

(i) the same, geographically contiguous property which may be divided by pUblic or private right-of-way, provided the entrance and exit between the properties is at 

### a cross07-15-2006 6029 Conservation

### § 370.2 TITLE 6 ENVIRONMENTAL CONSERVA TION

roads intersection and access is by crossing, as opposed to going along, the right-of-way; provided, however, where two portions of the property are rented or leased by different persons, those portions are not on-site with respect to each otherbut are on-site with respect to portions operatedby the property owner; or

(ii) geographically contiguous properties, owned and operated by the same person. which may be divided by public or private right-of-way, provided the entrance and ex.it between the properties is at a cross-roads intersection and access is by crossing, as opposed to going along, the right-of-way; or

(iii) noncontiguous properties, owned and operated by the same person, but connected by a right-of-way which that person controls and to which the public does not have access. 

### (135) Open burning means the combustion ofany material in the absence ofthe follOWing characteristics: (i) control ofcombustionairto maintain adequate temperatureforefficientcombustion: (ii) containment ofthe combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion: and

(iii) control ofemissions ofthe gaseous combustionprOducts. (See also incineration and thermal treatment.) 

### (136) Operatormeans the person responsible for the overall operation ofa facility. (137) 

### Ownermeans the person who owns a facility orpartofa facility. (138) [Ri!!li!l"\Il..tj. 

### (139) Partial closure means the closure ofa hazardous waste management unit in accordance with the applicable closure requirements ofSubparts 373-2 and 373-3 ofthis Title at a facility that contains other active hazardous waste management units. For ex.ample, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, orotherhazardous waste managementunit, while otherunits ofthe same facility continue to operate.



### (140) Permit means an authorization. license or equivalent control document issued by New York State DepartmentofEnvironmental Conservation to implement the requirements of Part 373 ofthis Title. Permit does not include interim status (section 373-1.3 ofthis Title), or any permitwhich has notyet been the subjectoffinal agency action, such as adraftpermit or a proposedpennit.

(141) 

### Person means an individual, trust, firm.joint-stockcompany, corporation (including

a governmentcorporation). partnership, association, state,**Fe~eral** governmentand any agency thereof, municipality, commission, political subdivision ofa state, orany interstate body.



### (142) Personnel orfacility personnel means all persons -who work at or oversee the operations of a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements ofPart 373 ofthis Title.

(143) 

### Pesticide means any substance or mill:ture of substances intended for preventing, destroying, repelling, or mitigating any pest, orintended for use as a plant regulator. defoliant.

ordesiccant, other than any article that: (i) is a new animal drug under FFDCA section 201(w), as incorporated by reference in section 370.1(e) ofthis Part;

(ii) is an animal drug that has been determined by regulation ofthe Secretary ofHealth and Human Services notto be a new animal drug; or

(iii) is an animal feed underFFDCA section 201(11:) thatbears orcontains any substances described by subparagraph (i) or (i1) ofthis paragraph. 

### (144) Physical construction means ell:cavation, movement ofearth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.

6030 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 370.2

(145) Pile 

### means any noncontainerized accumulation of solid, nontlowing solid waste, including hazardous waste, thatis used for treatment orplacement and thatis not acontainment building.

(146) Plasma arc incinerator 

### means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by 

### an afterburner using controlled flame combustion and which is not listed as an industrial furnace.



### (147) Point source means any discernible. confined and discrete conveyance, including but not limited to 

### any pipe, ditch. channel. tunnel. conduit, well. discrete fissure, container. rolling stock, concentrated animal feeding operation. or vessel or other floating craft. from which pollutants are or may be discharged.



### (148) Primary exporter means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with Pan 372 of this Title which specifies a treatment, storage or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export. (149) 

### Processingfacility means a combination ofstructures, machinery or devices utilized to reduce or alter the volume, chemical or physical characteristics of solid waste, including hazardous waste, through processes such as baling or shredding priorto delivery ofsuch waste to a resource recovery facility, sanitary landfill or incinerator, or hazardous waste treatment, storage or disposal facility, and excludes collection vehicles.

(150) 

### Publicly owned treatment works orPOTWmeans any device or system used in the treatment (including recycling and reclamation) ofmunicipal sewage or industrial wastes ofa liquid nature which is owned by a state or municipality, as defined by section 502 ofthe Clean Water Act, 33 USC 1362 (see section 370.l[e] ofthis Part). This definition includes sewers, pipes or other conveyances only ifthey convey wasteWater to a POTW providing treatment.

(151) 

### Qualified ground water scientist means a scientist or engineer who has received a baccalaureate or**post~graduate** 

### degree in the natural sciences or engineering and has sufficient training and experience in ground water hydrology and related fields as may be demonstrated by State registration, professional certification, or completion ofaccredited university courses that enable that individual to make sound professional judgments regarding ground water monitoring and containment fate and transport.

(152) 

### RCRA orResource Conservation andRecoveryActmeans the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Actof 1976, 42 USC 6901 

### etseq. 1988 (see section 370.1 [e] ofthis Part).



### (53) RCRA delegatedpermit means a permit issued by the department for a program for which a comparable permit may be required under the Resource Conservation and Recovery Act (RCRA) of 1976, 42 USC 6901 

### et seq. 1988 (see section 370.1[e] ofthis Part forhazardous waste management facilities [HWMF]).

(154) 

### Receiving country means aforeign country to which ahazardous waste is sentfor the purpose oftreatment, storage or disposal (except**short~term** 

### storage incidental to transport).



### (155) Reclaim, recover or recycle means any method, technique or process utilized to separate, process, modify, convert or treat or otherwise prepare hazardous waste so that component materials or substances may be used or reused as raw materials or energy sources.

(156) 

### Regionalpermitadministratormeans an employee ofthe department located in each ofthe nine regional offices ofthe'department and designated by the commissionerto acton the commissioner's behalfin carrying out Part 621 ofthis Title. Regional permit administrators' addresses and the counties under theirjurisdiction can be 

### found in Appendix 1 ofthis Title.



### (157) Regionaladministratormeans the regional administrator ofthe appropriate regional office ofthe Environmental Protection Agency or the regional administrator's designee.



### (158) Remedial actionplan (RAP) 

### means a special form ofPart 373 permit that a facility

owner or operator may obtain instead of a permit issued under Subpart**373~** 

### 1 of this Title, except sections**373~** 

### 1.3 and**373~** 

### L 11 of this Title. to authorize the treatment, storage or

07-15-2006 6031 Conservation

### §370.2 TITLE 6 ENVIRONMENTAL CONSERVATION

disposal ofhazardous remediation waste (as defined in this subdivision) at a remediation waste



### .management site. (159) Remediation waste means all solid and hazardous waste, and all media (including ground water, surface water, soils and sediments) and debris, that are managed for implementing cleanup.



### (160) Remediation waste managementsite means a facility where an owner or operator is

or

### will be treating, storing or disposing ofhazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under section**373~2.6(l)** of this Title. butis sUbject to corrective action requirements 

### ifthe site is located in such a facility.



### (161) Replacement unit means a landfill. surface impoundment. or waste pile unit:

(i) from which all or substantially all ofthe waste is removed; and (ii) that is subsequently reused to treat. store or dispose ofhazardous waste. Replacement unit does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal ofwaste from that unit and other closing units

orcorrective action areas at the faCility, in accordance with an approved closure plan or

### EPA

ordepartment-approved corrective action. 

### (162) 

### Representative sample means a sample of a universe or whole 

### (e.g

.. waste pile. lagoon, ground water) which can be expected to exhibit the average properties ofthe universe

or whole.



### (163) Resource recoveryfacility means a combination ofstructures, machinery ordevices. utilized to separate. process. modify. convert. treat or prepare collected solid or hazardous waste so thatcomponent materials or substances or recoverable material may be used as a raw material orenergy source.



### (164) Runoffmeans any rainwater, leachate or other liquid that drains over land from any 

### part ofa facility.



### (165) Run-on means any rainwater, leachate or other liquid that drains over land onto any part ofa facility.



### (166) 

### Sanitary landfill means a land disposal site employing an engineered method of disposing ofsolid wastes on land in a mannerthat minimizes environmental hazards and meets the design and**operati~n** requirements of

### Part 360 ofthis Title.



### (167) Saturatedzone orZOne of saturation means that part ofthe earth's crust in which all voids are filled with water.

(168) 

### Schedule afcompliance means a schedule ofremedial measures included in apermit, including an enforceable sequence ofinterim requirements (forexample. actions. operations or milestone events) leading to compliance with the regulations of

### Parts 370. 371, 372, 373. 374 and 376 ofthis Tille.



### (169) 

### Secure landbun'alfacility means a land disposal facility meeting the design and operation requirements ofPart 

### 373 ofthis Title for the properdisposal ofhazardous wastes. so that such wastes are immobilized or otherwise prevented from release to the environment or rendered harmless or decomposed into harmless materials within the facility.



### (170) Site means the land orwater areas where any facility or activity is physically located

orconducted, including adjacent land used in connection with the facility or activity.



### (171) 

### Sludge means any solid. semisolid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant. water supply treatment plant. or air pollution control facility. Sludge does not include the treated effluent from a wastewater treatment plant.



### (172) Sludge dryer means 

### any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value ofthe sludge itself. of

### 2.500 Btu/lb ofsludge treated on a wet-weight basis.



### (173) Smallquantitygeneratormeans a generator who generates less than 1,000 kilograms ofnonacute hazardous waste in a month and stores less than 

### 6.000 kilograms ofthis waste at

6032 Conservation 07·15·2006CHAPTER IV QUALITY SERVICES 

### § 

### 370.2

anyone time; or ageneratorwho generates less than onekilogram ofacute hazardous waste in a month and stores less than one kilogram ofthis waste at 

### one time.



### (174) Sole source aquifer means an aquifer system that the United States Environmental Protection Agency. pursuant to the Safe Water Drinking Act, 42 USC 300h-3(e) (see section 

### 370.1[e] ofthis Part), has determined to be the sole or principal drinking water source for an

area and which. 

### if contaminated, would create a significant hazard to public health. The following have been designated sole source aquifers: 

### 0) TheClinton**Street~Ballpark** 

### Valley Aquifer System includes the entiremunicipalities of Vestal, Johnson City, 

### Endicott, Nichols, Waverly and Owego, New York. Its recharge

zone is considered to be one and the same with this area. The streamflow source zone is that portion ofthe Susquehanna River drainage basin composing the upstream headwaters area for the Broome and Tioga County area.

(ii) The Long Island Aquifer System includes the entire Counties of Kings, Queens, Nassau and Suffolk, New York. (iii) The SchenectadyINiskayuna Aquifer System includes the entire municipalities of Ballston, Burnt Hills, Charlton, Glenville, Niskayuna, Rexford, Rotterdam, Schenectady and Scotia, New York. (175) Solid waste 

### or waste has the meaning defined in Part 371 ofthis Title. (176) 

### Solid waste managementfacility 

### means a facility employed beyond the initial solid waste collection process, including but not limited to: storage areas or facilities; transfer stations; rail-haul or barge facilities; processing facilities. including resource recovery facilities, sanitary landfills; secure landburial facilities; incinerators; composting facilities; surface impoundments; and waste oil storage, reprocessing and rerefining facilities. (177) 

### Sorbent 

### means a material that is used to soak up free liquids by either adsorption or absorption, or both. Sorb means to either adsorb or absorb, orboth.

(178) 

### State PollutantDischarge Elimination System (SPDES) 

### means those regulations in Part 750 of this Title prescribing procedures and substantive rules concerning the State Pollutant Discharge Elimination System pursuant to ECL article 17. title 8. (179) 

### Spill 

### means the accidental leaking, pumping, emitting, emptying or dumping of hazardous wastes or materials which. when spilled, become hazardous wastes, into or on any land or water. (180) 

### Staging pile 

### means an accumulation of solid, non-Oowing remediation waste (as defined in this subdivision) that is not a containment building and that is used only during remedial operations for temporary storage at**~he** 

### facility. Staging piles must be designated by the department according to the requirements ofsection 373-2.19(c) ofthis Title. (181) Stale 

### means any ofthe United States, the District ofColumbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of Northern Mariana Islands. (182) 

### State manifestdocument number

### meanS the numberfound in box A ofthe manifest. (83) 

### Storage 

### means the holding of hazardous waste on a temporary basis, in such a

manner as not to 

### constitute disposal, at the end ofwhich time the hazardous waste is treated, disposed of, or stored elsewhere. (184) 

### Sump 

### means any pit or reservoir that meets the definition oftank and those troughs and trenches connected to 

### it that serve to collect hazardous waste for transport to 

### hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, sump 

### means any lined pit orreservoir that serves to collect liqUids drained from a leachate collection .and removal system or leak detection system for subsequentremoval from the system.

(185) Surface impoundment or impoundment 

### means a facility or part ofafacility which is

a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials (although it may be line with human·made materials), which is designed to

07-15-2006 6033 Conservation

## § 

## 370.2 TITLE6 ENVIRONMENTAL CONSERVATION



### hold an accumulation ofliquid wastes or wastes containing free liquids, and which is not an

, injection well. Examples ofsurface impoundments are holding, storage, settling and aeration pits. ponds and lagoons.



### (186) Surface water means lakes, bays, sounds. ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes. inlets. canals. the Atlantic Ocean within the territorial limits ofNew York State and all other bodies ofsurface water, natural or artificial. inland



### orcoastal. fresh or salt, public or private. (187) Tank

### means a stationary device designed to contain an accumulation ofsolid waste. including hazardous waste, which is constructed primarily ofnonearthen material (e.g., 

### wood, concrete, steel, plastic) which provides structural support.

(188) 

### Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.



### (189) Thermal treatment means the treatmentofsolid waste, including hazardous waste, in

a device which uses elevated temperatures as the primary means to change the chemical, physical. or biological character or composition ofthe waste. Examples ofthermal treatment processes are incineration, molten salt. pyrolysis, calcination, wetairoxidation, and microwave discharge. (See also 

### incineratorand 

### open burning. )

(190) 

### Thermostatmeans atemperature control device thatcontains metallic mercury in an ampule attached to a bimetal sensing element, and**mercury~containing** 

### ampules that have been removed from these temperature control devices in compliance with the requirements of section 374-3.2(d)(3)(ii) or 374-3.3(d)(3)(ii) ofthis Title.

(191) 

### Title means Title 6 ofthe Official Compilation ofCodes, Rules and Regulations of the State ofNew York. (192) 

### Totally enclosed treatmentfacility means a facility for the treatment ofhazardous waste which is directly connected to an industrial production process and which is constructed and operatedin a mannerwhichprevents the release ofany hazardous waste orany constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized. (193) 

### Transferfacility means any**transportation~related** 

### facility, including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held during the normal course oftransportation.

(194) 

### Transit country means any foreign country, other than a receiving country, through which a hazardous waste is transported. (195) 

### Transportermeans a person engaged in the offsitetransportation ofhazardous waste by air, rail, highway or water. (196) 

### Transport vehicle. See definition ofvehicle. (197) 

### Treatability study means a study in which a hazardous waste is subjectto a treatment process to 

### determine: (i) 

### whether the waste is amenable to the treatment process; Oi) what pretreatment (ifany) is required; (iii) 

### the optimal process conditions needed to achieve the desired treatment; Ov) the efficiency ofa treatment process for a specific waste or wastes; or (v) the characteristics and volumes ofresiduals from a particulartreatment process. Also induded in this definition for the purpose ofsection 371. 1(e)(4)(iv) and (v) exemptions

are liner compatibility, corrosion, and other material compatibility studies and toxicological and healtheffect studies. A treatability study is not a means to commercially treatordispose of hazardous waste.



### (198) Treatment means any method, technique or process. including neutralization, designed to change the physical, chemical or biological character or composition ofany hazardous waste 

### to:

6034 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

## § 370.2

(i) 

### neutralize such waste; (ii) 

### recoverenergy or material resources from the waste; or (iii) 

### render such waste: (a) 

### nonhazardous orless hazardous; (b) 

### saferto transport, store or dispose of; (c) 

### amenable for recovery or storage; or (d) 

### reduced in volume. 

### (199) Treatment, storage, ordisposalfadlity (TSD) 

### means all contiguous land and**struc~** 

### tures, other appurtenances and improvements on the land, used for treating, storing or**dispos~** 

### iog of hazardous waste. A facility may consist of several treatment, storage or disposal operations units (e.g., 

### one or more landfills, surface impoundments or combinations ofthem).



### (200) Treatment zone 

### means a soil area ofthe unsaturated zone of a land treatment unit within which hazardous constituents are degraded, transfonned or immobilized.



### (201) UIC means the underground injection control program under part C of the Safe Water Drinking Act. including an approved program (see section 370.1 [e] ofthis Part).



### (202) 

### Ultimate disposal method means the final method used to treat or dispose of a hazardous waste. The term does not include storage or initial treatments used to prepare a hazardous waste for final disposition. The following are consideredultimate disposal methods: landfills; burning, including thenna! treatment; incineration, open burning or energy recovery; treatment which will render the waste nonhazardous or less hazardous, induding neutralization; and material recovery which is any method used to reclaim, recover or recycle so that at least 75 percent ofcomponent materials or substances may be 

### beneficially used or reused as

raw materials.



### (203) 

### Underground injection means the subsurface emplacement of fluids through a bored, drilled or driven well Or through a dug well, where the depth ofthe dug well is greater than the largest surface dimensions. (See also injection well.)



### (204) Undergroundsource of drinking water (USDW) means an aquiferor its portion: (i) which supplies any public water system; or (ii) which contains a sufficientquantity ofground waterto supply apublic water system; 

### and (a) 

### currently supplies drinking waterfor human consumption; or (b) 

### contains fewer than 10.000 m.gll t.otal dissolved solids; and (iii) 

### which is not an exempted aquifer. 

### (205) 

### Underground lank means a device meeting the definition oftank in this subdivision whose entire surface area is totally below the surface ofand covered by the ground.



### (206)**Un.fit~for** 

### use tank system means a tank system that has been determined through an integrity assessment Orother inspection to be 

### no longercapable ofstoring or treating hazardous waste without posing a threat ofrelease ofhazardous waste to the environment.



### (207) Universal wasle means any of the following hazardous wastes that are managed under the universal waste requirements ofSubpart 374-3 ofthis Title: (i) 

### batteries as described in section 374-3.l(b) ofthis Title; 

### Oi) pesticides as described in section 374-3.l(c) ofthis Title; (iii) thermostats as described in section 374-3.1 (d) ofthis Title; and (iv) lamps as described in section 374-3.l(e) ofthis Title. 

### (208) 

### Universal waste handler:

(i) 

### means:

(a) 

### a generator (as defined in this SUbdivision) ofuniversal waste; or

07-15-2006 6035 Conservation

### § 

### 370.2 TITLE6 ENVIRONMENTALCONSERVA TION

(b) the owneroroperatorofa facility. including all contiguous property. thatreceives universal waste from other universal waste handlers. accumulates universal waste. and sends universal waste to another universal waste handler. to a destination facility. or foreign destination; (ii) does not mean:

(a) aperson whotreats (except under the provisions ofsection374-3.2[d][I] or [31. or 374-3.3[dJ[

### I] or 

### [3] ofthis Title). disposes of. orrecycles universal waste; or (b) a person engaged in the off-site transportation ofuniversal waste by air. rail. highway. or water. including auniversal waste transferfacility. (209) 

### Universal waste transporter means a person engaged in off-site transportation of universal waste by air. rail. highway. orwater.



### (210) Unsaturatedzone or

### zone of aeration means the zone between the land surface and the saturated zone.



### (211) Uppermost aquifermeans the geologic formation nearestthe natural ground surface that is an aquifer. as well as lower aquifers that are hydraulically interconnected with this aquiferwithin the facility's property boundary.



### (212) Used engine lubricating oil means petroleum-based lubricating oil from internal combustion engines thatthrough use has been contaminated by physical or chemical impurities.



### (213) Used engine lubricating oil retentionfacility means any facility employed to store used lubricating oilby a service establishmentorany otherperson. industrial operation, airport. trucking terminal or State or local government facility that generates at least 

### 500 gallons of used.lubricating oil annually.**~~14)** 

### [hoed 8ill!tellfl3 8llJ ail tluu has aeeft reH8etl ftoSfH BRiEtS sil. 6r ll:fl) S)RtR8Eie silo**U~at** 

### Riili BIlIlA: I:ISIl8,

## aas, lIB a FeSI:lIt sf51:18\;\use. is seeEQfHiaat8Q By f!\;\ysiBal Sfel'l8fHiee.l iFlliluFitiit6.



### (215) Vehicle ortransport vehicle means any device or contrivance which is required by law to be registered with a state or province! orwith the Federal government. for conveyance
overpublic roads and which actually.contains orcarries aregulated waste. Forexample. inthe

case oftractor-trailer combination, the trailer is considered to be the vehicle; in the case ofa roll-off container or other removable containment device. it is the mobile flatbed or the undercarriage that is considered to be the vehicle.



### (216) Vessel includes every description ofwatercraft. used or capable ofbeing used as a
means oftransportationon the water.

(217) 

### Waste oil means used engine lubricating oil and any other oil including, but not limitedto. used oil. fuel oil. motoroil. gearoil. cutting oil. transmission fluid. hydraulic fluid, dielectric fluid. oil storage tank residues. animal oil and vegetable oil. which has beencontaminated by physical or chemical impurities. through use or accident, and has not subsequently 

### been rerefined. CasaBASMEl '.v&5tes eePiv8e 

### freFR gasaliR8 Me 

### flet eef\8ielsf6S \\aBte Btl**~f** 

### the ll"l'poie<; oftbi<; Palot



### (218) Wastewatertreatment unit means adevice which:

(i) is part of a wastewater treatment facility which is a surface water point source discharge subject to regulation under 

### EeL article 17 oris subjectto regUlation under section 307(b) ofthe Clean Water Act (see section 370.l[e] ofthis Part);

(ii) receives and treats or stores an influent wastewater which is hazardous waste as defined in section 371.1 (d) of this Tille. or that generates and accumulates 

### a wastewater treatmentslUdgewhich is ahazardous waste as defined in section 371.1(d). or treats orstores



### awastewatertreatmentsludge which is ahazardous waste as defined in section 371.I(d); and

(iii) meets the definition oftank or tank system inthis subdivision. 

### (219) Water (bulk shipment) means the bulk transportation of hazardous waste that is loaded orcarried on board 

### avessel without containers orlabels.

6036 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 370.3

(220) Well means any shaft or pit dug or bored into the earth, generally cylindrical, and often walled with bricks, tUbing or casing to prevent the earth from caving in.

(221) 

### Zone ofengineering control means an area under the control of the owner or operator, that upon detection of a hazardous waste release, can be readily cleaned up prior to the release ofhazardous waste orhazardous constituents to ground wateror surface water.**~e)** 

### [Me"

### 8.41 iii

Historical Note Sec. filed May 14, 1985; amds. filed: May 2. 1986; May 14. 1987; Oct. 26, 1988; Dec. 2, 1991; Noy. 19. 1993; Nov. 15. 1994; Sept. 20, 1996; Sept. 29, 1998; Nov. 4. ]999; Jan. 14, 2002; July 5, 2005; July 7, 2006 efT. Sept. 5, 2006. Amended (b). 

### § 370.3 Variances.

(a) GeneraL (1) Any person may petition the commissioner to use an equivalent testing

oranalytical method. to exclude a waste produced at aparticularfacility from the requirements ofParts 370through 374, and 376 ofthis Title, to be granted avariance from c1assiHcation as a solid waste or to be granted a variance to be classified as a boiler. This subdivision sets forth general requirements which apply to these petitions. SUbdivision (b) ofthis section sets forth additional requirements for petitions to use a testing or analytical method that varies from the methods specified in Part 371 and Subparts 373-2 and 373-3 ofthis Title. Subdivision (c) of this section sets forth additional requirements for petitions to exclude a waste at a particular facility from sections 371.1 (d) and 371.4 ofthis Tille. Subdivisions (d) and (e) ofthis section set forth additional requirements for petitions to be granted a variance from classification as a solid waste under section 371.1 (c) of this Title. Subdivision (I) of this section sets forth additional requirements for petitions to be granted a variance tobe classified as a boiler.

(2) Each petition mustbe submitted to the commissionerand must include:

(i) the petitioner's name and address; (ii) a statementofthe petitioner's interest in the proposed action; (iii) a description ofthe proposed action;

"Text offonner section 370.2(c) is now located at section 37J.1{a)(l) ofthis Title.

07-15-2006 6036.1 ConservotionCHAPTER IV QUALITY SERVICES 

### §370.3

(iv) a statement of the need and justification 

### of the proposed action, including any supporting tests, studies or otherinformation; and

(v) the following statement signed by the petitioneror an authorizedrepresentative: 

### "I certify under penalty oflaw that I have personally examined and am familiar with the information submitted in this demonstration and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, 

### I believe that the submitted information is true, accurate and complete. 

### I am aware that submitting false information is punishable under section 210.45 of the State Penal Law, including the possibility offine and imprisonment." (3) The commissionerwill determine ifsufficientinformation has been hasbeen submitted in order to grantor deny apetition. (i) If the commissioner determines that sufficient information has been submitted, a tentativedecision will bemadeto grantordeny apetition. A notice ofsuchtentative decision will be published by thc department in the Environmental Notice Bulletin for written public comment. In the case ofapetition under subdivisions (d) and (f) ofthis section, notification of this tentative decision will also be provided by newspaper advertisement and radio broadcastinthe locality wherethepetitioner's facility is located. The public will beprovided with aminimum comment period of30days.

Gi) Ifthe commissioner determines that additional information is needed, the commis· sioner will notify the petitioner in writing ofthe needed information. (4) Upon the written request ofany interested person, the commissioner may then hold 

### a legislative public hearing to consider oral comments on the tentative decision. A person requesting 

### ahearing must statetheissues to beraised andexplain why writtencomments would not suffice to communicate the person's views. The commissioner may in any case decide to initiate a motion to hold a legislative public hearing.

(5) Afterevaluating all public comments, the commissionerwill make afinal decision and shall publish notice ofthe decision in the EnvironmentalNOlice Bulletin. (b) Petitionsfor equivalent/esling oranalylical me/hods. (I) Any person seeking to add

a testing or analytical method to Part 371, Subpart 373·2, or Subpart 373·3 ofthis Title must first petition the EPA administrator for a regulatory amendment under 40 CFR 260.21 and 40 CFR 260.20, as incorporated by reference in section 370.1 (e) ofthis Part. Upon approval by the EPA administrator, thepetitionermustthen demonstrate tothe commissionerthatthe proposed methodis equal toor superiorto the corresponding method prescribed in Part 371 and Subparts 373·2 and 373·3 ofthis Title, in terms ofits sensitivity, accuracy and precision (i.e.,**reproduc~** ibility).

(2) Eachpetition mustinclude, in addition to the information requiredby paragraph (a)(2) ofthis section: (i) a 

### fuJI description ofthe proposed method, including all steps and equipment used in the method;

(ii) adescription ofthe types ofwastes orwaste matrices for which theproposed method may be used;

(iii) comparative results obtained from using the relevant or corresponding methods prescribed in Part 371 and Subparts 373·2 and 373·3 ofthis Title;

(iv) an assessment of any factors which may interfere with or limit the use of the proposed method; and

(v) a description ofthe qUality control procedures necessary to ensure the sensitivity, accuracy and precision ofthe proposed method.

to exclude a waste from the lists in section 371.4 ofthi generating facility mustfirst petitionth oraregulatory amendmentunder40CFR260.22 and

10-31·98 6037 Conservation

### § 

### 370.3 TITLE 6 ENVIRONMENTAL CONSERVATION

submitted where there is reason y 0 t e waste justifies a partial

(d) 

### Variancesfrom 'Classification as a solid waste. (1) In accordance with the standards and criteria in subdivision (e) and the procedures in subdivision (a) of this section, the commissionermay determine on a case-by-case basis that the following recycled materials are not solidwastes: (i) materials that are accumulated speculatively without sufficient amounts being recycled (as defined in section 371.1[a][1) ofthis Title);

(ii) materials that are reclaimed and thenreused by the same person within the original productionprocess in which they were generated; and

(iii) materials thathave beenreclaimedbutmustbereclaimedfurther before the materials are completely recovered: (e) 

### Standards and criteriafor variancesfrom classification as a solid waste. (1) The commissioner may grant requests for a variance from classifying as a solid waste those materialsthat are accumulated speculatively without sufficient amounts being recycled ifthe applicant demonstrates that sufficient amounts ofthe material will be recycled or transferred for recycling in the following year. Ifa variance is granted, it is valid only for the following year, butcan be renewed, on an annual basis, by filing anew application. The commissioner's decision will be based on the following criteria: (i) the manner in which the material is expected to be recycled, when the material is expectedtoberecycled, and whether, because ofpastpractices, marketfactors, thenatureof the material, 

### orcontractual arrangements, the recycling is likely to occur;

(ii)the reason that the applicant has accumulated the material for one or more years withoutrecycling at least75percentofthe volume accumulatedatthe beginning oftheyear;

(iii) the quantity of material already accumulated 

### artd the quantity expected to be generated and accumulated before the material is recycled;

(iv) the extentto which the material is handledto tninimizeloss; and (v) otherrelevantfactors. (2) The commissionermay grantrequests for avariance from classifying as a solid waste those materials that 

### are reclaimed and then reused 

### as feedstock within the original production process in which the materials were generated ifthe reclamation operation is an essential part ofthe production process. This determination will be based onthe following criteria: (i) how economically viable the production process would be ifit were 

### to use virgin materials, rather thanreclaimed materials;

(ii) theprevalences ofthe practice on an industry-widebasis; (iii) the extentto which the material is handledbeforereclamationto minitnize loss; (iv) the timeperiods between generating the material and its reclamation, and between reclamation andreturn to the original primary productionprocess;

(v) the location ofthe reclarnation operationin relation to the production process; (vi) whether the reclaimed material is used for the purpose for which it was originally producedwhen itis returnedtothe original process, and whetheritis returned to the process in substantially its original form;

(vii) whetherthe person who generates the material also reclaims it; and (viii) otherrelevantfactors. (3) The commissionermay grantrequests for a variance from classifying as a solid waste those materials that have been reclaimed but must be reClaimed further before recovery is completed if, afterinitial reclamation, theresulting material is commodity-like (eventhough it is not yet a commercial product, and has to be reclaimedfurther). This determination will be based onthe following factors:

6040 Conservation 11-15-99CHAPTER IV QUALITY SERVICES 

### § 

### 370.4

(i) 

### the degree of processing the material has undergone and the degree of further processing that is required;

OJ) the value ofthe material after it has been reclaimed: (iii) the degree to which the reclaimed material is like an analogous raw material; (Iv) the extent to which an end market for the reclaimed material is guaranteed; 

### (v) the extent to which the reclaimed material is handled to minimize loss; and (vi) other relevant factors. (0 

### Variance 10 be classifiedas a boiler. (I) In accordance with the standards and criteria in section 370.2(b) ofthis Part (definition ofboiler), and the procedures in subdivision (a) of 

### this section, the commissioner may determine on a**case-by~case** 

### basis that certain enclosed devices using controlled flame combustion areboilers, even though they do not otherwise meet the definition ofboiler contained in section 370.2(b), after considering the following criteria: (i) 

### the extent to which the unit has provisions for recovering and exporting thermal energy in the form ofsteam, heated fluids or heated gases;

(ij) the extent to which the combustion chamber and energy recovery equipment are of integral design;

(iii) the efficiency of energy recovery, calculated in tenns of the recovered energy compared with the thennal value ofthe fuel;

(iv) the extent to which exported energy is utilized; (v) the extentto which the device is in common and customary use as aboiler**function~** 

### ing primarily to produce steam, heated fluids or heated gases; and

(vi) otherrelevant factors.

Historical Note

Sec. filed May 14, 1985; amds. filed: May 2,1986; Dec. 2,1991; Nov. 15, 1994; Sept. 29, 1998; Nov. 4, 1999 eff. Nov. 24, 1999. Amended (c)(7). 

### § 370.4 Case-by-case regulation ofhazardous waste recycling activities.

(a) 

### Additional regulation ofcertain hazardous waste recycling activities on a case-by-case basis. (1) Thecommissioner may decide on a case-by-casebasis that persons accumulating

or storingthe recyclable materials describedin section 371.1 (g)(1)(ii)(d) ofthis Title shouldbe regulated under Parts 372 and 373 ofthis Title. The basis for such decision must be that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the commissioner will consider the following factors: (i) the types and amounts ofmaterials accumulated or stored; (ij) the method ofaccumulation or storage; (iii) 

### the length of time the materials have been accumulated or stored before being reclaimed;

(iv) whether any containments are being released into the environment, or are likely to be so released: and (v) other relevant factors. (b) 

### Proceduresfor case·by-case regulation ofhazardous waste recycling activities. (l) 

### The commissioner will use the following procedures, in addition to the procedures under Part 621 of this Title, when determining whether to regulate hazardous waste recycling activities described in section 371.1 (g)( 1)(ii)(d) 

### ofthis Title under the provisions of section 374-1.6 of this Title. 0) Ifa generatoris accumulating the waste, the commissioner will issue a notice setting forth the factual basis for the decision and stating that the person must comply with the applicable requirements of Parts 372 and 373 of this Title. The notice will become final

6041 Conservation

### §370.4 TITLE 6 ENVIRONMENTALCONSERVATION

within 30 days, unless the person served requests apublic hearing to challenge the decision. Upon receiving such a request, the commissioner will hold an adjudicatory public hearing. The commissionerwill provide notice ofthe hearing tothe public and allow public participation at the hearing. The commissioner will issue a final decision based on the hearing officer's report stating whether or not compliance with Parts 372 and 373 is required. The decision becomes effective 

### 30 days after service.

(ii) Ifthe person is accumulating the recyclable material as a storage facility, the notice will state thatthe person must obtain apermitin accordance with all applicable provisions of Part 373 ofthis Title. The owneroroperatorofthe facility must apply for a permit within no less than 60 days and no more than six months ofnotice, as specified in the notice. The

owneroroperatorofa facility who wishes to challenge the commissioner's decision, may do

so in the permit application, in a public hearing held on the draft permit, in comments filed

on thedraft permitoron the notice ofintentto deny the permit. The fact sheetaccompanying the permit will specify the reasons for the department's determination. The question of whetherthe commissioner's decision was proper will remain open for consideration during the public comment period discussed under Part 624 ofthis Title.

Historical Note Sec. filed May 2, 1986; amds. filed: Nov. 15, 1994; Jan. 14,2002 err. 60 days after filing. Amended (a)(1), (b)(1), 

### § 

### 370.5 Rule making petitions.

(a) 

### General. (I) Any person may petition the commiSSioner to 10Itlate a regulatory amendment to amend Subpart 374-3 of this Title to include additional hazardous wastes or categories ofhazardous waste as universal waste.

(2) Each petition must be submitted to the commissioner by certified mail and must include:

. (i) the petitioner's name and address; (ii) a statement ofthe petitioner's interest in the proposed action; (iii) a description of the proposed action, including (where appropriate) suggested regulatory language; and

'(iv) a statement of the need and justification of the proposed action, including any

.supporting tests, studies, orotherinformation. (3) The commissionerwill make a tentative decision to grant ordeny the petition and will publish notice ofsuchtentative decision, eitherin the form ofa notice ofproposed rule making

or a tentative determination to deny the petition. in the 

### State Register for written public comment.

(4) (i) Upon the written request ofany interested person, the commissioner may hold a legislative public hearing to consider oral comments. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The commissioner may in any case decide to initiate a motion to hold a legislative public hearing.

(li) After evaluating all public comments, the commissioner will make a final decision and shall publish notice ofthe decision in the 

### State Register. (5) Ifthe tentative decision is to publish a notice ofproposed rule making, the procedures established in the State Administrative Procedure Act (SAPA), section 202 will be followed. (15) IRt'3t', ;t'ef] (c) 

### Petitions to amenduniversalwastes. (I) Any person seeking to add a hazardous waste

or a category of hazardous waste to the universal waste regulations of Subpart 374-3 ofthis Title may petition for a regulatory amendment under subdivision (a) ofthis section and section 374-3.7 ofthis Title.

6042 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 370.5

(2) To be successful, the petitioner must demonstrate to the satisfaction ofthe commissioner that regulation under the universal waste regulations of Subpart 374·3 ofthis Title: is appropriate for the waste or category of waste; will 

### improve management practices for the waste orcategory ofwaste; and 

### will improve implementation ofthe hazardous waste program. The petition must include infonnation required by 

### subdivision (a) ofthis section. The petition 

### should also address as many of the factors listed in section**374~3.7(b)** 

### of this Title as are appropriate for the waste or category ofwaste addressed in the petition.



### (3) The commissioner 

### will grant or deny a petition using the factors listed in section**374~3.7(b)** 

### of this Title. The decision will be based on the weight of evidence showing that regulation under Subpart**374~3** 

### ofthis Title is appropriate for the waste or category ofwaste, will improve management practices for the waste or category of waste, and will improve implementation ofthe hazardous waste program. (4) The commissionermay request additional infonnationneededto evaluate the merits of the petition,

Historical Note Sec. filed Sept. 29,1998 eff. 60 days after filing.

OH5-2002 6043 Conservation