STATE OF NEW YORK

OFFICIAL COMPILATION

OF

CODES, RULES AND REGULATIONS

GEORGE E. PATAK]

Governor

ALEXANDER F. TREADWELL

Secretary ofState

Published by

DEPARTMENT OF STATE

41 State Street

Albany, New York 12231

111/99
Title 6

Conservation

Vol. A-2a

Copyright 1995-1999 by

Secretary of State

State of New York

Printed in the United States of America

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.

Current page numbers are listed in consecutive order in the left column and their currency date in the

right column.

NOTE that pages are nol issued for every binder with each supplement and that the Table of Current

Pages is reissued only when the binder is supplemented. Thus. this binder may be current despite the

fact that the Table of Current Pages in another binder was issued at a later date.

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

xi
TITLE 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

'" 07-15-2006
TABLE 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

xiii
TITLE 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

07-15-2006
TABLE OF CURRENT 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

67 I5-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-Anno 4

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 ofState

Published by

DEPARTMENT OF STATE

4] State Street

Albany, New Yark 1223 1

111/99
CHAPTER IV QUALITY SERVICES

CHAPTER IV

Quality Services (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)

Subchapter E Noise

Subchapter F 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 of Hazardous Wastes

Hazardous Waste Manifest System and Related Standards for Generators, Transporters and Facilities

Hazardous Waste Management Facilities

Standards for the Management of Specific Hazardous Wastes and

Specific Types of Hazardous 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 of hazardous 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 of this Title.

07-15-2006 6015 Conservation
§ 370.1 TITLE 6 ENVlRONMENTAL CONSERVATlON

(2) In this Part:

(0 Subdivision (b) of this section sets forth the regulations that the department will use

in making information it receives 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 of business confidentiality with respect to information that is

submitted to the department under Parts 370 through 374. and 376 ofthis Title.

(m Subdivision (c) of this section establishes rules of grammatical construction for Parts

370 through 374. and 376 of this Title.

(iii) Section 370.2 of this Part defines terms which are used in Parts 370 through 374,

and 376 of this Title. The definitions for solid and hazardous waste are gi ven in section 371.1

of this 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 of this Title.

(v) Section 370.3(c) of this Part establishes procedures for petitioning the department to

exclude a waste from a particular 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 of information in the custody ofthe department related to this Part or Parts 371 through 374, and 376 of this Title shall

be handled according to the provisions of Part 616 of this Title.

(2) In accordance with section 616.7 of this Title, the department shall hold confidential

any information concerning the chemical composition, quantity. method of treatment or disposal of hazardous waste or any information related 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

or the state concerned with carrying out RCRA or the State hazardous waste program or when

relevant in any proceeding thereunder. In addition. any information required by section 372.5

of this Title which is submitted in notification of intent to export a hazardous waste will be

provided to the Department of State and the appropriate authorities in a receiving country

regardless of any claims of confidentiality.

(c) Use ofnumber and gender. As used in Parts 370 through 374, and 376 of this Title:

(1) words in the masculine gender also include the feminine and neuter genders;

(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 circumstance is held invalid, the remainder ofthis Part. and the application of those provisions to persons

or circumstances other than those to Which it is held invalid, shall not be affected thereby.

(e) References. The following Federal regulations or technical 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, or can be directly

obtained from the sources listed for the given reference.

(I) American Society for Testing and Materials.

(i) Std. D-93-0ctober 1985, "Standard Test Methods for Flash Point by Pensky-Manens

Closed Tester".

(ii) Std. D-140-January 1981, "Standard Method of Sampling Bituminous Materials".

(iii) Std. D-346-February 1981, "Collection and Preparation of Coke Samples for Laboratory Analysis".

(iv) Std. D-420-December i979, "Standard Recommended Practice for Investigating

and Sampling Soil and Rock for Engineering Purposes".

6016 Conservation 07-15-2006
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(v) Std. D-1452-June 1980. "Soil Investigation and Sampling by Auger Borings".

(vi) Std. D-2234-September 1982. "Collection of a Gross Sample of Coal".

(vii) Std. D-3278-0ctober 1982. "Flash Point of Liquids by Small Scale Closed-Cup

Apparatus".

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

Ox) Std. D- 2382~November 1983. "Heat ofCombustion of Hydrocarbon Fuels by Bomb

Calorimeter (High Precision Method)".

(x) Std. D-2879~1992, "Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by lsotcniscope".

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

Gas Chromatography".

(xii) Std. E-169-February 1987. "General Techniques of Ultraviolet-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 of Plastic 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 ofFederal Regulations (CFR).

(i) 29 CFR-title 29 of the Code ofFederal Regulations (Labor), revised as of July 1,

2002:

(a) parts 1900 through end.

(ii) 33 CFR-title 33 of the Code of Federal Regulations (Navigation and Navigable

Waters), revised as ofJuly 1, 2002:

(a) parts 1 through 199.

(iii) 40 CFR-title 40 of the Code ofFederal Regulations (Protection of Environment),

revised as of July 1,2002:

(a) parts I through 80;

(b) parts 100 through 259;

(c) parts 260 through 299, except subpart H-Transfrontier Shipments of Hazardous

Waste for Recovery within the OECD of 40 CFR part 262;

(d) parts 300 through 399;

(e) parts 700 through end.

(iv) 49 CFR-title 49 of the Code ofFederal Regulations (Transportation), revised as

of October 1, 2002:

(a) parts 100 through 199.

(v) 40 CFR - title 40 of the Code of Federal Regulations (Protection of Environment)

part 268 revised as of July I, 1990, for the purposes of section 376.4(a)(9) of this Title.

Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402

(3) Federal Register:

(i) 45 FR 12746 et seq.-Federal Register, February 26.1980.

(ii) 70 FR 10775 et seq.-Federal RegiS/er, March 4. 2005.

07-15-2006 6017 Conservation
§ 370.1 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) 70 FR 35034 el seq.-Federal Regisler. June 16.2005.

Superintendent of Documents, U.S. Government Printing Office, Washington. DC 20402

(4) National Association of Corrosion 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-Roof Tanks. available from the American

Petroleum Institute. 1220 L Street. 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 el seq.), 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 et seq.), USC

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

(vii) Resource Conservation and Recovery Act, 1976 (42 USC 6901 ef seq.). USC 1988,

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

(viii) Safe Drinking Watet Act. 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 of Documents, 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 Facilities," (EPA-530/SW-61l). August 1977.

6018 Conservation 07-15-2006
CHAPTER 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) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources,

Revised," October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle 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-polar Material) 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 West 43rd Str

New Yor 10036

2·4980 ..

(f) Any laboratory tests or sample analyses required under article 27 of the ECL or Parts 370

through 374 and 376 ofthis Title, for which the Commissioner of the New York StateDepartment

of Health issues certificates of approval, must be performed by a laboratory 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 under the 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 ofsolid waste and hazardous waste are given in section 37I.l(c) and (d)

of this 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 of the adjacent surrounding surface area of the tank (including the tank bottom) is able to

be Visually inspected.

(2) Accumulation area means an area located at or near the point of manufacturer or other

activity where the generation of hazardous waste initially occurs and the accumulation is done

in accordance with the requirements of section 372.2(a)(8)(i) of this 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 ofa facility means the period from the initial receipt of hazardous waste at

the facility until the commissioner receives certification of final closure.

07·15·2006 6019 Conservation
§ 370.2 TITLE 6 ENVIRONMENTAL CONSERVATION

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

- operations are being or have been conducted and which is not a closed portion. (See also closed

portion and inactive portion.)

(6) Acute hazardous waste means any waste listed in section 371.4(d)(5) of this Title and

any waste listed in section 371.4(b) and (c) of this Title with an "h" hazard code.

(7) Administrator means 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 of available facilities.

(9) Ancillary equipmefll means any device. including but not limited to such devices as

piping, fittings. flanges, valves, and pumps, that is used to distribute, meter. or control the floy.'

of hazardous waste from its point of generation to storage or treatment tanks, between hazardous waste and storage treatment tanks to a point of disposal onsite or to a point 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) Approved program or approved state means a state which has been approved or

authorized by EPA under 40 CFR part 271 (see section 370.1[e] of this Part).

(12) Aquifer means a geologic formation. group of formations, or part of a formation

capable of yielding a significant amount of ground water to wells or springs.

(13) Authorized represemative means the person responsible for the overall operation of a

facility or an operational unit (i.e., part of a facility), such as the plant manager. superintendent

or person of equivalent responsibility.

(14) Authorized treatment, storage or disposal facility or authorized facility 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 it is located. to accept the hazardous waste for treatment, storage or disposaL

(15) Battery means a device consisting ofone or more electrically connected electrochemical cells which is designed to receive, store and deliver electric energy. An electrochemical cell

is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical

and mechanical) as may be needed to allow the cell to deliver or 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 or disease, including death resulting

from any of these.

(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 of steam, heated fluids or heated gases;

(b) the unit's combustion chamber and primary energy recovery section(s) must be of

integral design. To be of integral design, the combustion chamber and 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) are joined 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

combustion chamber 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 07-15-2006
CHAPTER IV QUALITY SERVICES § 370.2

heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units;

(c) while in operation, the unit must maintain a thenna} energy recovery efficiency of

at least 60 percent, calculated in terms of the recovered energy compared with the thermal

value of the 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 of internal use arc the preheating of fuel

or combustion air, and the driving of induced or forced draft fans or feedwater 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) of this Part.

(19) Carbon regeneration unit means any enclosed thennal treatment device used to

regenerate spent activated carbon.

(20) Cerrification means a statement of professional opinion based upon knowledge and

belief.

(21) Class A explosive defined in 49 CFR 173.53 (see seclion 370.1 [e] of this Part).

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

(23) CFR means the Code ofFederal Regulations.

(24) Characteristic hazardous waste means a waste which is hazardous solely because it

possesses at least one of the characteristics given in section 371.3 of this Title.

(25) Closed portion means that portion of a facility which an owner or operator has 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 of Part 373 of this Title.

(27) Commercial hazardous waste facilities or commercialfacilities means a facility that

recei ves from offsite any hazardous waste from any person that is not a part of the same trust,

finn, joint·stock company, corporation (including a government corporation), partnership,

association state. Federal government and any agency thereof, municipality, commission,

political subdivision of a state. or any interstate body, except when small quantities of hazard·

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 of characteristic hazardous wastes

or the reclamation of precious metals.

(28) Commissioner means the Commissioner of the New York State Department of Environmental Conservation or the commissioner's designee.

(29) Component means any constituent part of a unit or any group of constituent parts of a

unit which are assembled to perfonn a specific function (e.g., a pump seal, pump. kiln liner.

kiln thennocouple).

(0) Composting facility 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 of the 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

commissioner to list the hazardous waste in section 371.4 of this Title or a constituent listed in

table 1 of section 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 a hazardous waste management unit that is used to store

or treat hazardous waste under the provisions of sections 373-2.30 and 373~3.30 of this Title.

(36) Contingency plan means a document setting out an organized. planned and coordinated course of action to be followed in case of a fire, explosion or release of hazardous 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 of their knowledge of the physical

sciences and the principles of engineering and mathematics acquired by a professional educa~

tion and related practical experience. is qualified to engage in the practice of corrosion control

on buried 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) Cover material means soil and other suitable material acceptable to the department

that is used to cover compacted 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 of this Part).

(41) Daily cover means a compacted layer of at least six inches or cover material that is

placed on all exposed solid waste. including hazardous waste. in a landfill at the end of each

day of operation.

(42) Department means the New York State Department of Environmental Conservation.

(43) Designated treatment, storage or disposal facility or designated 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 of 40 CFR parts 270 and 124. or a Part 373 permit of equivalent (or interim

status). from an approved state, or is regulated under section 471.I(g)(3)(ii) or 374-1.6 of

this Title. or is exempt from permitting pursuant to section 373~ 1.1 (d)(2) of this Title; and

(b) has been designated on the manifest by the generator pursuant to section 372.2(b)

of this 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) of this Title.

(iii) If a waste is destined to a facility in an authorized state which has not yet obtained

authorization to regulate that particular waste as hazardous, then the designated facility must

be a facility allowed by the receiving state to accept such waste.

(44) Destination facility 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 of universal waste.

(45) Dike means an embankment or ridge of either natural or man~made materials used to

prevent the movement of liquids, slUdges, solids or other materials.

(46) Director means the Director of the Division of Hazardous Substance Regulation of

the New Yark State Department of Environmental Conservation or the Director's designee.

6022 Conservation 07-15-2006
CHAPTER IV QUALITY SERVICES § 370.2

(47) Discharge or hazardous waste discharge means the accidental or intentional spilling,

leaking, pumping, pouring, emitting. emptying or dumping of solid 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 of the 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 of such wastes as fuel for the purpose of recovering usable energy.

(49) DisposalfaGility means a facility or part of a 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

management unit into which remediation wastes are placed.

(50) Disposer state means the state in which the designated treatment, storage or disposal

facility is located.

(51) Division means the Division of Solid and Hazardous Materials of the New York State

Department of Environmental Conservation.

(52) Drip pad is an engineered structure consisting of a curbed, free-draining base, con~

structed of non-earthen materials and designed to convey preservative kick-back or drippage

from treated wood, precipitation, and surface water run-on to an associated collection system at

wood preserving plants.

(53) ECL or Environmental Conservation Law means chapter 43-B of the Consolidated

Laws of New York State, entitled the Environmental Conservation Law.

(54) Elementary neutralization 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 or reuse or legitimate recycling or reclamation of solid waste, including hazardous waste, through the combustion of such waste to

recover energy.

(56) Environmental Notice Bulletin (ENB) means the publication of the 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 acknowledgment ofconsent means the cable sent to EPA from the U.S. Embassy

in a receiving country that acknowledges the written consent of the receiving country to accept

the hazardous waste and describes the terms and conditions of the receiving country's consent

to the shipment.

(59) EPA hazardous waste number means the number assigned by the EPA or the commissioner to each hazardous waste listed in section 371.4 of this Title and to each characteristic

identified in section 371.3.

(60) EPA identification number means the number assigned by EPA or the commissioner

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

(61) Equivalent method means any testing or analytical method approved by the commis~

sioner under this Part.

(62) Evidence ofsecurity means a surety bond or a policy 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 pursuant to section 372.2(c)(3) of this Title.

01-15-2002 6023 Conservation
§370.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(64) Existing hazardous waste management (HWM) facility or existing facility 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 or modified without substantial loss, for physical construction of the facility to be

completed within a reasonable time.

(65) Existing portion means that land, surface area of an existing waste management unit,

included in the original RCRA part. A permit application, on which wastes have been placed

prior to the issuance of a permit.

(66) Existing tank system or existing component means a tank system or component that is

used for the storage or treatment of hazardous waste and that is in operation, or for which

installation has Commenced on or prior to July 14, 1986. Installation will be considered to have

commenced if the owner or operator has obtained all Federal, State and local approvals or

pencits necessary to begin physical construction of the site or installation of the tank system

and if either:

(i) a continuous onsite physical construction or Installation program 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 of the tank system to 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 or munitions emergency response means all immediate response activities

by an explosives and munitions emergency response specialist to control, mitigate, or eliminate

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 of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency.

Explosives and munitions emergency responses can occur on either public or private lands and

are not limited to responses at RCRA facilities.

(69) Explosives or munitions emergency response specialist means an individual trained in

chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists

include Department of Defense (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 of hazardous waste. A facility may consist of

several treatment, storage or disposal operational units (e.g., one or more landfills, surface

impoundments, or combinations of them);

6024 Conservation 01-15-2002
CHAPTER 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 of this Title, EeL 71-2727(3),

or RCRA section 3008(h); and

(iii) notwithstanding subparagraph (ij) of this paragraph, a remediation waste management site is not a facility that is subject to section 373-2.6(1), corrective action for solid waste

management units, of this Title, but is subject to corrective action requirements if the 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) of this Title.

(72) Federal agency means any department. agency or other instrumentality ofthe Federal

government, and any independent agency or establishment of the Federal government includ~

ing any government corporation and the Government Printing Office.

(73) Federal, State and local approvals or pennits 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 of section 3006(b) of RCRA and the applicable requirements of 40 CFR part 271,

subpart A (see section 370.1 [e] of this 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 of this Title are no longer conducted at the

facility unless subject to the provisions in section 373.2(a)(8) of this 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 of section 373-2.14 of this Title.

(77) Flood plain 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 that has a one-percent

chance of occurring 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] of this

Part).

(80) Freeboard means the vertical distance between the lowest elevation of the top of a

tank of surface impoundment dike and the surface of the 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 of saturation, including perched water

areas.

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

(87) Hazardous waste constituent means a constituent that caused the commissioner to list

the hazardous waste in section 371.4 of this Title. or a constituent listed in section 371.3(e).

6025 Conservation
§ 370.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(88) Hazardous waste management means the systematic control of the collection, source

separation, storage, transportation, processing, treatment, recovery and disposal of hazardous

waste.

(89) Hazardous waste managementfacility (HWMfacility) means all contiguous land. and

structures, other appurtenances and improvements on the land, used for treating, storing or

disposing of hazardous waste. A facility may consist of several 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, or the largest area in which there is significant likelihood of mixing

hazardous waste constituents in the same area. Examples of hazardous waste management units

include a surface impoundment, a waste pile, a land treatment area. a landlill cell. an incinerator, a tank and its associated piping and underlying containment system. and a container storage

area. A container alone does not constitute a unit; the unit includes 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 a hazardous waste under Part 371 ofthis Title and includes all pesti,-;'"",,,,,,,,-m::r;

EeL article 33, that originate from a household. (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 or eligible farmers on a temporary, periodic, or

(94) Inactive portion means that portion of a facility which is not operated after November

19,1980.

(95) Incinerator means any enclosed device that:

(i) uses controlled flame combustion and neither meets the criteria for classification as a

boiler. slUdge dryer or carbon regeneration unit, nor is listed as an industrial furnace. Air

pollution consequences of hazardous waste incinerators are regulated pursuant to Parts 200,

20 I. 212. 225 and 257 of this Title; or

(ii) meets the definition of infrared incinerator or plasma arc incinerator.

(96) Incompatible waste means a hazardous waste which is unsuitable for:

(i) placement in a particular device or facility because it may cause corrosion or decay 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 if the site or property is contiguous.

(98) Industrial furnace means any of the following enclosed devices that are integral

components of manufacturing processes and use thermal treatment to accomplish recovery of

materials or energy:

(i) cement kilns;

(ii) lime kilns:

(iii) aggregate kilns;

6026 Conservalion 07-15-2005
CHAPTER IV QUALlTY SERVICES § 370.2

(iv) phosphate kilns;

(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 of sulfur values from spent sulfuric acid;

(xii) halogen acid furnaces (HAFs) for the production of acid from halogenated hazard~

ous waste generated by chemical production facilities where the furnace is located on the site

of a chemical production facility. the acid product has a halogen acid content of at least three

percent, the acid product is 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 other devices as the commissioner may, after notice and comment, add to this

list on the basis of one or more of the following factors:

(a) the design and use of the device primarily to accomplish recovery of material

products;

(b) the use of the device to burn or reduce raw materials to make a material product;

(c) the use of the 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 of the device in common industrial practice to produce a material product;

and

if) other factors, as appropriate.

(99) Infrared incinerator means any enclosed device that uses electric-powered resistance

heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed 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 of that external surface area of the tank that is in the ground.

(l 01) Injection well means a well into which fluids are injected. See also underground

injection.

(102) Inner liner means a continuous layer of material placed inside a tank or container

which protects the construction materials of the 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 of engineering, acquired by a professional education and

related practical experience, is qualified to supervise the installation of tank systems.

(J 05) 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 of a State hazardous waste program

which has met the requirements of section 3006(g)(2) of RCRA and applicable requirements of

40 CFR part 271, subpart B (see section 370.1 [e) of this Part).

07·15·2006 6027 Conservation
§ 370.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(107) Intermediate cover means a compacted layer of at least 12 inches of cover material.

(108) International shipment means the transponation of hazardous waste into or out of

the jurisdiction of the United States.

(109) Lamp. also referred to as universal waste lamp, is defined as the bulb or tube portion

of an electric lighting device. A lamp is specifically designed to produce radiant energy, most

often in the ultraviolet, visible. and infrared regions of the 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 management unit

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

uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill

cells are lined trenches and pits.

(113) Land treatment facility 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 if the waste will remain after closure.

(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 of detecting the failure of either the

primary or secondary containment structure, or the presence of a release of hazardous 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

system of aboveground tanks) or consist of an interstitial monitoring device designed to detect

continuously and automatically the failure of the primary or secondary containment structure

or the presence of a release or hazardous waste into the secondary containment structure.

(16) Lift means the vertical thickness of a compacted volume of hazardous waste and the

cover material immediately above it

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

sides of a surface impoundment, landfill or landfill cell, which restricts the downward or lateral

escape of solid waste, including hazardous waste, any constituents of such waste, or leachate.

(118) Listed hazardous waste means a hazardous waste that is listed in section 371.4 of this

Title.

(119) Lower explosive 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 of the

collection, source separation, storage. transportation, processing, treatment, recovery and dis~

posal of hazardous waste.

(12l) Mantfest means the shipping document EPA fonn 8700-22 (including, if necessary,

EPA form 8700-22A), originated and signed by the generator or offeror in accordance with the

instructions in Appendix 30 of this Title and the applicable requirements of Parts 372 and 373

of this Title.

6028 Conservation 07-\5-2006
CHAPTER 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 a registered source (see section 372.2[bJ[9) of this Title).

(123) Military munitions means all ammunition products and components produced or

used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense

and security, including military munitions under the control of the Depllrtment of Defense, the

U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The

term military munitions includes: confined gaseous, liquid, and solid propellants, explosives,

pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by 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, depth charges, cluster munitions 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

nuclear devices, managed under DOE's nuclear weapons program after all 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 that deposit and is then used for

reclamation of a surface mine.

(125) Miscellaneous unit means a hazardous waste management unit where the hazardous·

waste is treated, stored, or disposed of and 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) of this

Part), containment building, corrective action management unit, unit eligible for a research,

development and demonstration permit under section 373-J.9(c) of this Title. or staging pile.

(118) M(JJlofif,l fHeans e spcei:lie l)r,e eHell/lfill ... flel e the "ftstc pre ;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

program for issuing, modifying, revoking and reissuing. 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 new facility means a facility which

began operation or for which construction commenced after November 19, 1980. See also

existing hazardous waste management facility.

(130) New tank system or new tank component means a tank system or component that will

be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, J986; except, however, for purposes of sections 373-2.1O(d)(7)(ii) and

373-3.10(d)(7)(ii) of this 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 of New 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 of the 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 CONSERVATION

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 other but are on-site with respect

to portions operated by 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 of any material in the absence ofthe follOWing

characteristics:

(i) control of combustion air to maintain adequate temperature for efficient combustion:

(ii) containment of the combustion reaction in an enclosed device to provide sufficient

residence time and mixing for complete combustion: and

(iii) control of emissions of the gaseous combustion prOducts. (See also incineration and

thermal treatment.)

(136) Operator means the person responsible for the overall operation of a facility.

(137) Owner means the person who owns a facility or part of a facility.

(138) [Ri!!li!l"\Il..tj.

(139) Partial closure means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of Subparts 373-2 and 373-3 of this 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, or other hazardous waste

management unit, while other units of the same facility continue to operate.

(140) Permit means an authorization. license or equivalent control document issued by

New York State Department of Environmental Conservation to implement the requirements of

Part 373 of this Title. Permit does not include interim status (section 373-1.3 of this Title), or

any permit which has not yet been the subject offinal agency action, such as a draft permit or a

proposed pennit.

(141) Person means an individual, trust, firm. joint-stock company, corporation (including

a government corporation). partnership, association, state, Fe~eral government and any agency

thereof, municipality, commission, political subdivision of a state, or any interstate body.

(142) Personnel or facility 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 of Part 373 of this Title.

(143) Pesticide means any substance or mill:ture of substances intended for preventing,

destroying, repelling, or mitigating any pest, or intended for use as a plant regulator. defoliant.

or desiccant, 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) of this Part;

(ii) is an animal drug that has been determined by regulation of the Secretary of Health

and Human Services not to be a new animal drug; or

(iii) is an animal feed under FFDCA section 201(11:) that bears or contains any substances

described by subparagraph (i) or (i1) of this paragraph.

(144) Physical construction means ell:cavation, movement of earth, erection of forms or

structures, or similar activity to prepare an HWM facility to accept hazardous waste.

6030 Conservation 07-15-2006
CHAPTER IV QUALITY SERVICES § 370.2

(145) Pile means any noncontainerized accumulation of solid, nontlowing solid waste,

including hazardous waste, that is used for treatment or placement and that is not a containment

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) Processing facility 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 prior to 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 or POTW means any device or system used in the

treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a

liquid nature which is owned by a state or municipality, as defined by section 502 of the Clean

Water Act, 33 USC 1362 (see section 370.l[e] of this Part). This definition includes sewers,

pipes or other conveyances only if they convey wasteWater to a POTW providing treatment.

(151) Qualified ground water scientist means a scientist or engineer who has received a

baccalaureate or post~graduatedegree 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 of accredited university courses

that enable that individual to make sound professional judgments regarding ground water

monitoring and containment fate and transport.

(152) RCRA or Resource Conservation and Recovery Act means the Solid Waste Disposal

Act as amended by the Resource Conservation and Recovery Act of 1976, 42 USC 6901 et seq.

1988 (see section 370.1 [e] of this Part).

(53) RCRA delegated permit 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] of this Part for hazardous

waste management facilities [HWMF]).

(154) Receiving country means a foreign country to which a hazardous waste is sent for the

purpose of treatment, 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) Regional permit administrator means an employee of the department located in each

of the nine regional offices of the'department and designated by the commissioner to act on the

commissioner's behalf in carrying out Part 621 of this Title. Regional permit administrators'

addresses and the counties under their jurisdiction can be found in Appendix 1 of this Title.

(157) Regional administrator means the regional administrator of the appropriate regional

office of the Environmental Protection Agency or the regional administrator's designee.

(158) Remedial action plan (RAP) means a special form of Part 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 of hazardous 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 management site means a facility where an owner or operator is

or will be treating, storing or disposing of hazardous 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. but is sUbject to corrective action requirements if the 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 of the waste is removed; and

(ii) that is subsequently reused to treat. store or dispose of hazardous waste. Replacement unit does not apply to a unit from which waste is removed during closure, if the

subsequent reuse solely involves the disposal of waste from that unit and other closing units

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

or department-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 of the universe

or whole.

(163) Resource recovery facility means a combination ofstructures, machinery or devices.

utilized to separate. process. modify. convert. treat or prepare collected solid or hazardous

waste so that component materials or substances or recoverable material may be used as a raw

material or energy source.

(164) Runoff means any rainwater, leachate or other liquid that drains over land from any

part of a facility.

(165) Run-on means any rainwater, leachate or other liquid that drains over land onto any

part of a facility.

(166) Sanitary landfill means a land disposal site employing an engineered method of

disposing ofsolid wastes on land in a manner that minimizes environmental hazards and meets

the design and operati~n requirements of Part 360 of this Title.

(167) Saturated zone or ZOne ofsaturation means that part of the earth's crust in which all

voids are filled with water.

(168) Schedule afcompliance means a schedule of remedial measures included in a permit,

including an enforceable sequence of interim requirements (for example. actions. operations or

milestone events) leading to compliance with the regulations of Parts 370. 371, 372, 373. 374

and 376 of this Tille.

(169) Secure landbun'al facility means a land disposal facility meeting the design and

operation requirements of Part 373 of this Title for the proper disposal of hazardous 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 or water areas where any facility or activity is physically located

or conducted, 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 of the sludge

itself. of 2.500 Btu/lb of sludge treated on a wet-weight basis.

(173) Small quantity generator means a generator who generates less than 1,000 kilograms

of nonacute hazardous waste in a month and stores less than 6.000 kilograms of this waste at

6032 Conservation 07·15·2006
CHAPTER IV QUALITY SERVICES § 370.2

anyone time; or a generator who generates less than one kilogram ofacute hazardous waste in a

month and stores less than one kilogram of this 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] of this 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) The Clinton Street~Ballpark Valley Aquifer System includes the entire municipalities

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 of the 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 of this Title.

(176) Solid waste management facility 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, or both.

(178) State Pollutant Discharge 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 of section 373-2.19(c) of this Title.

(181) Stale means any of the United States, the District of Columbia, the Commonwealth

of Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of

Northern Mariana Islands.

(182) State manifest document number meanS the number found in box A of the 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 of which time the hazardous waste is treated,

disposed of, or stored elsewhere.

(184) Sump means any pit or reservoir that meets the definition of tank 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 or reservoir that serves to collect

liqUids drained from a leachate collection .and removal system or leak detection system for

subsequent removal from the system.

(185) Surface impoundment or impoundment means a facility or part of a facility 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 of liquid wastes or wastes containing free liquids, and which is not an

, injection well. Examples of surface 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 of New York State and all other bodies of surface water, natural or artificial. inland

or coastal. fresh or salt, public or private.

(187) Tank means a stationary device designed to contain an accumulation of solid waste.

including hazardous waste, which is constructed primarily of nonearthen 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 treatment ofsolid 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 of the waste. Examples of thermal treatment

processes are incineration, molten salt. pyrolysis, calcination, wet air oxidation, and microwave

discharge. (See also incinerator and open burning. )

(190) Thermostat means a temperature control device that contains 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) of this Title.

(191) Title means Title 6 of the Official Compilation of Codes, Rules and Regulations of

the State of New York.

(192) Totally enclosed treatment facility means a facility for the treatment of hazardous

waste which is directly connected to an industrial production process and which is constructed

and operated in a manner which prevents the release of any hazardous waste or any constituent

thereof into the environment during treatment. An example is a pipe in which waste acid is

neutralized.

(193) Transfer facility 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 of transportation.

(194) Transit country means any foreign country, other than a receiving country, through

which a hazardous waste is transported.

(195) Transporter means a person engaged in the offsite transportation of hazardous waste

by air, rail, highway or water.

(196) Transport vehicle. See definition of vehicle.

(197) Treatability study means a study in which a hazardous waste is subject to a treatment

process to determine:

(i) whether the waste is amenable to the treatment process;

Oi) what pretreatment (if any) is required;

(iii) the optimal process conditions needed to achieve the desired treatment;

Ov) the efficiency of a treatment process for a specific waste or wastes; or

(v) the characteristics and volumes of residuals from a particular treatment process.

Also induded in this definition for the purpose of section 371. 1(e)(4)(iv) and (v) exemptions

are liner compatibility, corrosion, and other material compatibility studies and toxicological

and health effect studies. A treatability study is not a means to commercially treat or dispose of

hazardous waste.

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

6034 Conservation 07-15-2006
CHAPTER IV QUALITY SERVICES § 370.2

(i) neutralize such waste;

(ii) recover energy or material resources from the waste; or

(iii) render such waste:

(a) nonhazardous or less hazardous;

(b) safer to transport, store or dispose of;

(c) amenable for recovery or storage; or

(d) reduced in volume.

(199) Treatment, storage, or disposalfadlity (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 of them).

(200) Treatment zone means a soil area of the 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] of this 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 considered ultimate 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 of component 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 of the dug well is greater

than the largest surface dimensions. (See also injection well.)

(204) Underground source ofdrinking water (USDW) means an aquifer or its portion:

(i) which supplies any public water system; or

(ii) which contains a sufficient quantity of ground water to supply a public water system;

and

(a) currently supplies drinking water for 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 of tank in this subdivision

whose entire surface area is totally below the surface of and covered by the ground.

(206) Un.fit~for use tank system means a tank system that has been determined through an

integrity assessment Or other inspection to be no longer capable ofstoring or treating hazardous

waste without posing a threat of release of hazardous waste to the environment.

(207) Universal wasle means any of the following hazardous wastes that are managed

under the universal waste requirements of Subpart 374-3 of this Title:

(i) batteries as described in section 374-3.l(b) of this Title;

Oi) pesticides as described in section 374-3.l(c) of this Title;

(iii) thermostats as described in section 374-3.1 (d) of this Title; and

(iv) lamps as described in section 374-3.l(e) of this Title.

(208) Universal waste handler:

(i) means:

(a) a generator (as defined in this SUbdivision) of universal waste; or

07-15-2006 6035 Conservation
§ 370.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(b) the owner or operator of a facility. including all contiguous property. that receives

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) a person who treats (except under the provisions of section 374-3.2[d][ I] or [31. or

374-3.3[dJ[ I] or [3] of this Title). disposes of. or recycles universal waste; or

(b) a person engaged in the off-site transportation of universal waste by air. rail.

highway. or water. including a universal waste transfer facility.

(209) Universal waste transporter means a person engaged in off-site transportation of

universal waste by air. rail. highway. or water.

(210) Unsaturated zone or zone ofaeration means the zone between the land surface and

the saturated zone.

(211) Uppermost aquifer means the geologic formation nearest the natural ground surface

that is an aquifer. as well as lower aquifers that are hydraulically interconnected with this

aquifer within the facility's property boundary.

(212) Used engine lubricating oil means petroleum-based lubricating oil from internal

combustion engines that through use has been contaminated by physical or chemical impurities.

(213) Used engine lubricating oil retention facility means any facility employed to store

used lubricating oil by a service establishment or any other person. 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 sf 51:18\;\ use. is seeEQfHiaat8Q By f!\;\ysiBal Sf el'l8fHiee.l iFlliluFitiit6.

(215) Vehicle or transport vehicle means any device or contrivance which is required by

law to be registered with a state or province! or with the Federal government. for conveyance

over public roads and which actually.contains or carries a regulated waste. For example. in the

case of tractor-trailer combination, the trailer is considered to be the vehicle; in the case of a

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 of watercraft. used or capable of being used as a

means of transportation on the water.

(217) Waste oil means used engine lubricating oil and any other oil including, but not

limited to. used oil. fuel oil. motor oil. gear oil. cutting oil. transmission fluid. hydraulic fluid,

dielectric fluid. oil storage tank residues. animal oil and vegetable oil. which has been contaminated by physical or chemical impurities. through use or accident, and has not subsequently

been rerefined. CasaBAS MEl '.v&5tes eePiv8e freFR gasaliR8 Me flet eef\8ielsf6S \\ aBte Btl ~f the

ll"l'poie<; of tbi<; Palot

(218) Wastewater treatment unit means a device which:

(i) is part of a wastewater treatment facility which is a surface water point source

discharge subject to regulation under EeL article 17 or is subject to regUlation under section

307(b) of the Clean Water Act (see section 370.l[e] of this 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

treatment slUdge which is a hazardous waste as defined in section 371.1(d). or treats orstores

a wastewater treatment sludge which is a hazardous waste as defined in section 371.I(d); and

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

(219) Water (bulk shipment) means the bulk transportation of hazardous waste that is

loaded or carried on board a vessel without containers or labels.

6036 Conservation 07-15-2006
CHAPTER 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 of engineering 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 of hazardous waste or hazardous constituents to ground water or 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

or analytical method. to exclude a waste produced at a particular facility from the requirements

of Parts 370 through 374, and 376 ofthis Title, to be granted a variance 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) of this 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 of this 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 of this Tille. Subdivisions (d) and (e) of this 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 to be classified as a boiler.

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

(i) the petitioner's name and address;

(ii) a statement ofthe 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) of this Title.

07-15-2006 6036.1 Conservotion
CHAPTER IV QUALITY SERVICES §370.3

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

supporting tests, studies or other information; and

(v) the following statement signed by the petitioner or an authorized representative:

"I certify under penalty of law 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 of fine and imprisonment."

(3) The commissioner will determine if sufficient information has been has been submitted

in order to grant or deny a petition.

(i) If the commissioner determines that sufficient information has been submitted, a

tentative decision will be made to grant or deny a petition. A notice ofsuch tentative decision

will be published by thc department in the Environmental Notice Bulletin for written public

comment. In the case of a petition under subdivisions (d) and (f) of this section, notification

of this tentative decision will also be provided by newspaper advertisement and radio

broadcast in the locality where the petitioner's facility is located. The public will be provided

with a minimum comment period of 30 days.

Gi) If the commissioner determines that additional information is needed, the commis·

sioner will notify the petitioner in writing of the needed information.

(4) Upon the written request of any interested person, the commissioner may then hold a

legislative public hearing to consider oral comments on the tentative decision. 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.

(5) After evaluating all public comments, the commissioner will make a final decision and

shall publish notice of the decision in the Environmental NOlice Bulletin.

(b) Petitions for equivalent /esling or analylical me/hods. (I) Any person seeking to add

a testing or analytical method to Part 371, Subpart 373·2, or Subpart 373·3 of this 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) of this Part. Upon approval by the

EPA administrator, the petitioner must then demonstrate to the commissioner that the proposed

method is equal toor superior to the corresponding method prescribed in Part 371 and Subparts

373·2 and 373·3 of this Title, in terms ofits sensitivity, accuracy and precision (i.e., reproduc~

ibility).

(2) Each petition must include, in addition to the information required by paragraph (a)(2)

of this section:

(i) a fuJI description of the proposed method, including all steps and equipment used in

the method;

(ii) a description ofthe types of wastes or waste matrices for which the proposed 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 of this Title;

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

proposed method; and

(v) a description of the qUality control procedures necessary to ensure the sensitivity,

accuracy and precision of the proposed method.

to exclude a waste from the lists in section 371.4 of thi generating facility

must first petition th or a regulatory amendment under 40 CFR 260.22 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) Variances from '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

commissioner may 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) of this Title);

(ii) materials that are reclaimed and then reused by the same person within the original

production process in which they were generated; and

(iii) materials that have been reclaimed but must be reclaimed further before the materials are completely recovered:

(e) Standards and criteria for variances from 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 if the

applicant demonstrates that sufficient amounts of the material will be recycled or transferred

for recycling in the following year. If a variance is granted, it is valid only for the following

year, but can be renewed, on an annual basis, by filing a new 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

expected to be recycled, and whether, because of past practices, marketfactors, the nature of

the material, or contractual arrangements, the recycling is likely to occur;

(ii)the reason that the applicant has accumulated the material for one or more years

withoutrecycling at least 75 percent ofthe volume accumulated at the beginning ofthe year;

(iii) the quantity of material already accumulated artd the quantity expected to be

generated and accumulated before the material is recycled;

(iv) the extent to which the material is handled to tninimize loss; and

(v) other relevant factors.

(2) The commissioner may grant requests for a variance 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 if the reclamation operation is an essential part

of the production process. This determination will be based on the following criteria:

(i) how economically viable the production process would be if it were to use virgin

materials, rather than reclaimed materials;

(ii) the prevalences of the practice on an industry-wide basis;

(iii) the extent to which the material is handled before reclamation to minitnize loss;

(iv) the time periods between generating the material and its reclamation, and between

reclamation and return to the original primary production process;

(v) the location of the reclarnation operation in relation to the production process;

(vi) whether the reclaimed material is used for the purpose for which it was originally

produced when it is returned to the original process, and whetherit is returned to the process

in substantially its original form;

(vii) whether the person who generates the material also reclaims it; and

(viii) other relevant factors.

(3) The commissioner may grant requests 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, after initial reclamation, the resulting material is commodity-like (even though it

is not yet a commercial product, and has to be reclaimed further). This determination will be

based on the following factors:

6040 Conservation 11-15-99
CHAPTER 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 of the 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 classified as a boiler. (I) In accordance with the standards and criteria

in section 370.2(b) of this Part (definition of boiler), 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 are boilers, even though they do not otherwise meet

the definition of boiler 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 of steam, 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 of the fuel;

(iv) the extent to which exported energy is utilized;

(v) the extent to which the device is in common and customary use as a boiler function~

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

(vi) other relevant 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 of hazardous waste recycling activities.

(a) Additional regulation of certain hazardous waste recycling activities on a case-by-case

basis. (1) The commissioner may decide on a case-by-case basis that persons accumulating

or storing the recyclable materials described in section 371.1 (g)(1)(ii)(d) of this Title should be

regulated under Parts 372 and 373 of this 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 of materials accumulated or stored;

(ij) the method of accumulation 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) Procedures for case·by-case regulation of hazardous 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) of this Title under the provisions of section 374-1.6 of

this Title.

0) If a generator is 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 a public hearing to challenge the decision.

Upon receiving such a request, the commissioner will hold an adjudicatory public hearing.

The commissioner will provide notice of the hearing to the 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) If the person is accumulating the recyclable material as a storage facility, the notice

will state that the person must obtain a permit in accordance with all applicable provisions of

Part 373 of this Title. The owner or operator ofthe facility must apply for a permit within no

less than 60 days and no more than six months of notice, as specified in the notice. The

owner or operator of a 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 the draft permit or on the notice ofintent to deny the permit. The fact sheet accompanying

the permit will specify the reasons for the department's determination. The question of

whether the commissioner's decision was proper will remain open for consideration during

the public comment period discussed under Part 624 of this 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 of hazardous 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 of the 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, or otherinformation.

(3) The commissioner will make a tentative decision to grant or deny the petition and will

publish notice of such tentative decision, either in the form of a notice of proposed rule making

or a tentative determination to deny the petition. in the State Register for written public

comment.

(4) (i) Upon the written request of any 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 of the decision in the State Register.

(5) If the tentative decision is to publish a notice of proposed 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 amend universal wastes. (I) Any person seeking to add a hazardous waste

or a category of hazardous waste to the universal waste regulations of Subpart 374-3 of this

Title may petition for a regulatory amendment under subdi vision (a) of this section and section

374-3.7 of this Title.

6042 Conservation 07-15-2005
CHAPTER IV QUALITY SERVICES § 370.5

(2) To be successful, the petitioner must demonstrate to the satisfaction of the commissioner that regulation under the universal waste regulations of Subpart 374·3 of this Title: is

appropriate for the waste or category of waste; will improve management practices for the

waste or category of waste; and will improve implementation ofthe hazardous waste program.

The petition must include infonnation required by subdivision (a) of this 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 of waste 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 of this Title is appropriate for the waste or category of waste,

will improve management practices for the waste or category of waste, and will improve

implementation of the hazardous waste program.

(4) The commissioner may request additional infonnation needed to evaluate the merits of

the petition,

Historical Note

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

OH5-2002 6043 Conservation