CHAPTER IV QUALITY SERVICES 

### § 372.1



## PART 372

HAZARDOUS WASTEMANIFEST SYSTEM AND RELATED STANDARDS FOR GENERATORS, TRANSPORTERS AND FACILITIES (Statutory authority: Environmental Conservation Law, art. 3, title 3. §§ 19-0301.19-0303.

19-0304, 19-0306,23-2305,23-2307.23-2308. art. 27. §§ 27-0105. 27-0106. 27-0303, 27-0305.27-0905, titles 7, 9, §§ 70-0107. 70-0109, 70-0115, art. 71. § 71-2201. titles 27, 35)

Sec. 372.1 General 372.2 Standards applicable to generators ofhazardous waste 372.3 Standards applicable to transporters 372.4 [Reserved} 372.5 International shipments and imports 372.6 Interstate shipments 372.7 Shipments by rail or water (bulk)

Historical Note Part (§§ 372.1-372.7) filed May 14, 1985 eff. 60 days afterfiling. 

### § 372.1 General.

(a) Purpose cmd scope. The purpose of these regulations is to establish standards for generators and transporters ofhazardous waste and standards for generators, transporters. and treatment. storage or disposal facilities relating to the use ofthe manifest system and its record· keeping requirements. Themanifestdocument shall accompany aJl shipments ofhazardous waste whilein transit, unless specifically exemptedunderthis Part. The manifestdocument will serve as
amultipurpose instrumentto be used as a tracking, auditing and enforcementdevice.

(b) Applicability. (l) The requirements of this Part apply to all generators, transporters and facilities 

### in New York State. However, transporters who both pick up and discharge hazardous waste outside of New York State and who transport wastes through the State are only subjecttothe following requirements ofsection 372.3 ofthis Part: subdivisions (a)(3), (5)-

. (7), (b) and (d)(1)-(2). (2) Section 371.1(f)(3) and (4) ofthis Title must be used to determine the applicability of provisions ofthis Part that are dependent on calculations ofthe quantity ofhazardous waste generated per month.

(3) With regard to explosives ormunitions:

(i) Persons responding to an explosives or munitions emergency in accordance with section 373-1.1(d)(l)(xiii)(d) and (a)(4) of this Title are not required to comply with the standards ofthis Part.

(ii) The regulations in this Part do not apply to transportation during an explosives or munitions emergency response, conductedin accordance with section 373-1.I(d)(1 )(xiii)(d) and (a)(4) ofthis Title.

(iii) Section 374-1.13(d) ofthis Title identifies how the requirements ofthis Part apply to military munitions classified as a soUd wasteunder section 374-1. 13(c) ofthis Title. (c) Severability. 

### Ifany provision or application ofthis Partis held invalid to any person or circumstance, the remainderofthis Part and the application ofsuch provisions otherthan those to which it is held invalid. shaJl not be affected.

(d) Definitions. Unless otherwise specified. terms used in this Part are defined in Part 370 ofthis Title.

(8) Eo i-eJHf1tisU5. (1) tRtJlj**tC~** 

## *

'(See section 371.1[t] ofthis Title for special requirements for hazardous waste generated bycondilionally exempt small quantity generntors.)

07-15-2006 6109 Conservation

### § 

### 372.1 TITLE 6 ENVIRONMENTAL CONSERVAnON



### fi!1 [Ri!!8i!!**'EI~l** 'f* (3) Exemption for fanners, A fanner disposing ofwaste pesticides which are hazardous wastes, including containers and inner liners, from his or her own use is exempted from any requirements ofthis Part for those wastes, provided thatthe following steps are taken: (i) the containerorinnerlinerhas been triple-rinsedusing a solventcapable ofremoving the pesticide. The triple-rinse procedure defined in section 325,l(b) of this Title shall be used;

(ii) in the case ofacontainerwith an inner liner, the innerlinerthat preventedcontactof the pesticide with the container has been removed;

(iii) the pesticide residues are disposed ofon his orher own farm in a mannerconsistent with section 325A(d) ofthisTitle orina mannerconsistentwith the disposal instructions on the pesticide label, whichever is more restrictive; and

(iv) the hazardous wastes are transported by the farmer to a household hazardous waste collection facility authorizedunderSubpart373-4ofthis Title; andthe fanneris aconditionally exempt small quantity generator as defined in section 373.1(f)(1) ofthis Title, (4) Exemptionforpublicly ownedtreatmentworks (POTW's), (i) Any POTWqualifying for an exemption under Part 373 ofthis Title mustcomply with only those provisions of section 372.4 indicated in section 373-1.1 (d)(2)(iii).

(ii) A POTW that generates sludges which are determined to be hazardous waste is subjectto the generator requirements ofsection 372.2 ofthis Part. (5) Samples collectedfor testing are exempt from all requirements ofthis Part

### as provided in section 37I.1(e)(4) ofthis Title.

(6) Residues of hazardous waste in empty containers. Residues of hazardous waste in empty containers as specifiedin section 371.1(h) ofthis Title areexempt from all requirements ofthis Part.

(7) Hazardous wastes which 

### are exempt from certain regulation. (i) 

### A hazardous waste, which is generatedinaproductorraw material storage tank, a productorraw material transport vehicle or vessel, 

### aproduct orraw material pipeline. orin a manufacturing process unit or 

### an associated nonwaste-treatment manufacturing unit. is not subject to regulation under this Part until 

### it exits the unit in which it was generated, unless the unit is a surface impoundment, orunless the hazardous waste remains in the unitmore than 90days after the unit ceases to be operated for manufacturing, or for storage or transportation ofproduct or
raw materials. (8) Exemption for service stations. Used engine lubricating oil retention facilities accepting waste oil pursuant to ECL 23-2307 are exempt from this Part for that oil.

transported by a vehicle owned or operated by that utility is exempt from regulatio this Part ifthe following conditions are met: (a) the waste is hazardous solely because it contains po (PCBs); and

(b) the waste is brought for storage, to a colle

. priorto treatment ordisposal. (ii) A public utility-owned coil . n facility which receives hazardous waste as described, and in the manner de ed in subparagraph (i) ofthis paragraph. shall be considered the generator of s waste and shall be subject to all ofthe requirements ofthis Part which are applic to a generator ofhazardous waste. (f) 

### Enfo ent. Any person who violates any provision ofthis Partorwho fails to perform any d mposed underthis Partis liable forcivil, administrative andcriminal penalties set forth



## . . . 

## . ..

'"(See section 371.1 [g} nfthis Tille for requirements for recyclable materials.)

6110 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### §372.2**~(j;AaJtie,; ~aR.tiQRE**  Qf QiQ@F& 'P\4FSH8:ftt tB 

### ftflY l'revlaisa ef ftttiele 71 ef the EGL ethei*lvis@**lltltlliQal1l~.** (g) Safeguarding trade secrets. Trade secrets are protected in accordance with the requirements in section 616.7 ofthis Title and as provided for in section 370.1 (b) ofthis Title.

(h) Other regulations. Compliance with this Part does not relieve any person from the obligation ofcomplying withany other applicable Partofthis Title, including Parts 373 and364.

Historical Note Sec. filed May 14. 1985: amds. filed: Sept. 9. 1985; Oct. 24. 1985; May 2. 1986; Oct. 26. 1988; Dec. 2.1991; Nov. 15. 1994; Sept. 29. 1998; Nov. 4.1999; July 5.2005; March 13, 2006 eff, 60 days afterfiling. Amended (e)(8). 

### § 

### 372.2 Standards applicable to generators ofhazardous waste.

The following requirements are applicable to generators ofhazardous waste unless specifically exempted ormodified elsewhere in this Part.

(a) General requirements. 0) Within 90 days after promulgation or revision ofPart 371 ofthis Title, any person generating wastes not previously regulated as hazardous waste must file withthe commissioneranotification statinglocation and general descriptionofthe activity responsible for the generation ofthe waste and the hazardous wastes handled by such person. Nohazardous waste subjectto theregulations inthis Title may be transported, treated, storedor disposed ofunless thedepartmenthasbeen notified ofthese activities as requiredinthis section

or as requiredunder Part 373 ofthis Title before the effective date ofthis Part.

(2) Hazardous waste determination. A person who generates a solid waste mustdetermine ifthat waste is a hazardous waste using the following method: (i) First determine if the waste is excluded from regulation under section 37

### 1.1(e), exclusions, ofthis Title.

(ii) Then determine ifthe waste is listed as a hazardous waste in section 371.4 ofthis Title.

Note: Even ifthe waste is listed. the generator still has an opportunity under section 370.3(c) of this Title to demonstrate that the waste from his particularfacility oroperation is nota hazardous waste. (iii) Forpurposes ofcompliance with Part 376 ofthis Title orifthe waste is notlisted ll1>

ahazardous waste in section 371.4 ofthis Title, the generator must then determine whether the waste is identifiedin section 371.3 ofthis Title by either: (a) testing the waste according to

### th~ methods set forth in Appendix 19,20 or 21, infra. or according to an equivalent method approved undersection 370.3(b) ofthis Title;

or (b) applying knowledge of the hazard characteristic of the waste in light of the materials orthe processes used; (iv) ifthe waste is determined to be hazardous, the generator must refer to Parts 370 through 374 and 376 of this Title, for possible exclusions or restrictions pertaining to management ofthe specific waste. (3) EPA identification numbers. (i) A generatormustnot treat, store, dispose of. transport orofferfor transportation, hazardous waste withoUl having received an EPAidentification number as defined in section 370.2(b) ofthis Title.

(ii) A generator must not offer hazardous waste to transporters or to treatment, storage

ordisposal facilities that have notreceived an EPA identification number. (4) Packaging. Before transporting hazardous waste or offering waste for transportation offsite, a generatormustpackage the waste in accordance with the applicable U.S. Department ofTransportation regUlations on packaging set forth in 49 CFR parts 173. 178 and 179 (see section 370.I[e] ofthis Title).

07-15-2006 6111 Conservation

### § 

## 372.2 TITLE 6 ENVIRONMENTAL CONSERVAnON



### (5) Labeling. Before transporting or offering hazardous waste for transportation offsite. a generator must label each package in accordance with the applicable U.S, Department of • Transportation regulations (49

## eFR part 172) (see section 370.I[e] ofthis Title).
,

(6) Marking. (i) 

### Before transporting or offering hazardous waste for transportation affsite. a generator must mark each package in accordance with the applicable U.S.**Depart~** 

### ment ofTransportation regulations (49 CFR part 172) (see section 370.1 [e] ofthis Title).

(ii) 

### Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must mark eachcontainer of 119 gallons orless used in such**transporta~** 

### tion 

### with the following words and information in accordance with the requirements of 49 CPR 172.304. as incorporated by reference (see section 370.1[e] ofthis Title):

HAZARDOUS WASTE- Federal Law prohibits Improper Disposal. Iffound. contact the nearest police or public safety authority orthe 

### U.S. Environmental Protection Agency.

Generator's Name and Address

Generator's EPA 

### Identification Number

ManifestTracking Number (iii) The marking required in this paragraph:

(a) 

### must be durable, in English, and printed on or affixed to the surface ofa package



### or on a label, tag orsign;

(b) 

### must be displayed on a background ofsharply contrasting color; (c) 

### must be unobscured by labels or attachments; and (d) 

### must be located away from any other marking (such as advertising) that could substantially reduce its effectiveness. (7) 

### Placarding. Before transporting hazardous waste orofferinghazardous waste for transportation offsite, a generator must placard or offer the initial transporter the appropriate placards according to 

### U.S. Department ofTransportation regulations for hazardous materials (49 CFR part 172. subpart F) (see section 370.1 [e] ofthis Title).

(8) 

### Accumulation time.

(i) (a) 

### A generator may accumulate up to 55 gallons ofhazardous waste or one quart of acutely hazardous waste listed in section 371.4(b), (c) and (d)(5) of tbis Title in containers at or near any point ofgeneration where wastes initially accumulate, which is under the control ofthe operator ofthe process generating the waste, without a permit 

### or interim status and without complying with subparagraph (ii) ofthis paragraph, provided the generator: (1) 

### complies with section 373-3.9(b)-(d) ofthis Title; and (2) 

### marks the containers with the words "hazardous waste" and with other words that identify the contents ofthe containers. (b) 

### A generator who accumulates either hazardous waste or acutely hazardous waste listedin section 371.4(b), (c) and (d)(5) inexcess ofthe amounts listed in clause (a) 

### ofthis subparagraph at or near any point of generation. with respect to that amount 

### of excess waste, must comply, within three days, with subparagraph (ii) ofthis paragraph or other applicable provisions of this Title. During the**three~day** 

### period, the generator must continue to comply with subparagraph (i) ofthis paragraph. The generator must mark the container holding the excess accumulation ofhazardous waste with the date the excess amountbegan accumulating. (ii) Except as provided in subparagraphs (iiO, (Iv) and (v) ofthis paragraph. a generator may accumulate hazardous waste onsite ofgeneration for 

### a period of90 days or less under the provisions ofsection**373~** 

### l.l(d)(l)(iii). 

### (iv), (xix) and (xx) ofthis Title. The date upon which each period ofaccumulation begins must be clearly marked and visible for inspection

on all containers. tanks or storage areas.

() I 12 

### Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 372.2

Note: A similar exemption is provided in section 373-1.1(d)(l)(xiv) which may exempt a facility from pennitting and interim status standards. (iii) A generator who generates more than 100 kilograms but less than 1,000 kilograms ofhazardous waste in a calendar month may accumulate nonacute hazardous waste onsite for 180 days or less without being subject to the permitting provisions of Part 373 of this Title, provided that: (a) the quantity ofwaste accumulated onsile neverexceeds 6.000kilograms; (b) 

### the generator complies with the requirements of section 373-3.9 of this Title except for section 373-3.9(f) and (h);

(c) the generator complies with the requirements ofsection 373-3.100) ofthis Title; (d) the generator complies with the requirements ofsections 373-1.1(d)(I)(iii)(c)(2)- (3),373-3.3, and 376.1(g)(I)(v) ofthis Title; and

(e) the generatorcomplies with the following requirements:

(1) at all times there must be at least one employeeeither on the premises oroncall (i.e., available to respond to an emergency by reaching the facility within a shortperiod of time) with the responsibility for coordinating all emergency response measures specified in subclause (4) ofthis clause. This employee is the emergency coordinator;

(2) the generator must post the following information next to the telephone:

(i) the name and telephone number ofthe emergency coordinator; (ii) location of fire extinguishers and spill-control material, and ifpresent. fire alarm; and

(iii) the telephone number ofthe fire department, unless the facility has a direct alarm; (3) the generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;

(4) the emergency coordinator or a designee must respond to any emergencies that arise. The applicable responses are as follows: (i) in the event ofa fire, call the fire department or attempt to extinguish it using

a fire extinguisher;

(ii) in the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil; (iii) in the event ofa fire, explosion orotherrelease which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the National Response Center (using their 24-hour toll free number 800-424-8802 and the department 518-457-7362). The report must include the following information: (A) the name. address and U.S. EPA identification number ofthe generator; (B) date, time and type ofincident (e.g., spill or fire); (C) quantity and type ofhazardous waste involved in the incident; (D) extent ofinjuries, ifany; and (E) estimated quantity and disposition ofrecovered materials, ifany; 

### (j) small quantity generators storing liquidhazardous wastes over sole source aquifers may also be subject to section 373-1.1 (d)(I )(iv)(g) ofthis Title; (iv) a generatorwho generates more than 100kilograms but less than 1.000kilograms of hazardous waste in a calendar month who must transport this waste, or offer the waste for transportation, overa distance of200 miles ormore for offsite treatment, storage ordisposal may accumulate nonacute hazardous waste onsite for 270 days or less without being subject

6J 12.1 Conservation

### § 372.2 TITLE 6 ENVIRONMENTAL CONSERVAnON



### to the permitting procedures of Part 373 provided that the generator complies with the requirements ofsubparagraph (iii) ofthis paragraph;

(v) a generator who generates greater than 100 kilograms but less than 1,000 kilograms ofhazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding 6,000 kilograms or accumulates hazardous waste for more than 180 days (or for

more than 270 days 

### ifthey must transport their waste. oroffertheirwaste for transportation,

over a distance of200 miles ormore) is an operator ofa storage facility and is subjectto the requirements ofPart 373 ofthis Title unless the generator has been granted an extension of 

### these time limits. An extension may be granted by 

### the department ifhazardous wastes must remain on-site for longer periods due to unforeseen, temporary and uncontrollable circumstances. An extension ofup to 

### 30days may be granted at thediscretion ofthedepartment on
acase-by-case basis;

(vi) a generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, may accumulate FOG6 waste on-site for more than 90 days, but not more than 180 days without a permit or without having interim status provided that: (a) 

### the generator has implemented pollution prevention practices that reduce the amount ofany hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environmentprior to its recycling;

(b) 

### the FOG6 waste is legitimately recycled through metals recovery; (c) 

### no more than 20,000 kilograms ofFOG6 waste is accumulated on-site at anyone time; and

(d) 

### the FOO6 waste is managed in accordance with the following:

(1) the FOO6 waste is placed:

(i) 

### in containers and the generator complies with the applicable requirements of sections 373-3.9. 373-3.27. 373-3.28. and 373-3.29 ofthis Title; and/or

(Ii) 

### in tanks and the generator complies with the applicable requirements of sections 373-3.10, 373-3.27, 373-3.28, and 373-3.29 of this Title. except section 373-3.IO(h)(3) and (k) ofthis Title; and/or

(iii) 

### in containment buildings and the generator complies with section 373-3.30 ofthis Title. and has placed its professional engineer certification that the building complies with the design standards specified in section 373-3.30(b) ofthis Title in the facility's operating record prior to 

### operation ofthe unit. The owner or operation must maintain the following records at the facility: (A) 

### awritten description ofprocedures to ensure that the F006 waste remains in theunit for no more than 180days, awritten description ofthe waste generation and managementpractices for thefacility showingthatthey areconsistent withthe 180-day limit, and documentation that the generatoris complying with the procedures; or

(B) 

### documentation that the unit is emptied at least once every 180 days; (2) in addition, such a generator is exempt from all the requirements in sections 373-3.7 and 373-3.8 ofthis Title. except for section 373-3.7(b) and (e) ofthis Title;



### (3) the date upon which each period ofaccumulation begins is clearly marked and visible for inspection on each container;

(4) while being accumulated on-site. each container and tank is labeled or marked clearly with the words. "Hazardous Waste"; and

(5) the generator complies with the requirements for owners or operaLors in sections 373-3.3. 373-3.4. 373-3.2(g) and 376.I(g)( I)(v) ofthis Title: 

### (vii) a generator who generates 1.000 kilograms or greater of hazardous \/.,'aste per calendar month who also generates wastewater treatment sludges from electroplating opera61 12.2 Conservation 07-15-2005CHAPTER IV QUALITY SERVICES 

### § 372.2

lions that meet the listing description for the RCRA hazardous waste code FOO6, and who must transport this waste. or offcr this waste for transportation. over adistance of200 miles

or more for off-site metals recovery, may accumulate FOO6 waste on-site for morc than 90 days. but not more than 270 days without a permit or without having interim status 

### if the generator complies 

### with the requirements ofclauses (vi)(a) through (d) ofthis paragraph;

(viii) agenerator accumulating FOO6 in accordance with subparagraphs (vi) and (vii) of 

### this paragraph who accumulates FOO6 wasteon-site for more than 180days (orfor more than 270 days ifthe generatormust transport this waste, orofferthis waste for transportation, over

a distance of200 miles or more). or who accumulates more than 20,000 kilograms ofF006 waste on-site is an operatorofa storage facility andis subjectto the requirements ofSubparts 373-2 and 373-3 of this Title and the permit requirements of SUbpart 373-1 of this Title unless the generatorhas been granted an extension to the 180-day (or270-day. ifapplicable) period or an exception to the 20.0oo-kilogram accumulation limit. Such extensions and exceptions may be granted by the department ifF006 waste must remain on-site for longer than 180 days (or 270 days, ifapplicable) or ifmore than 20,000 kilograms ofFOO6 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An extension ofup to 30 days or an exception to the accumulation limit may be granted at the discretion ofthe department on a case-by-case basis;

(ix) a generator who sends a shipment ofhazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of section 373-2.5(b)(l)(vi) or 373-3.5(b)(l)(vi) of Ihis Title may accumulate the returned were on-site in accordance with subparagraph (ii) ofthis paragraph

or subparagraphs (iii), (iv) and (v) ofthis paragraph. depending on the amount ofhazardous waste generated, stored or accumulated on-site in that calendar month. Upon receipt ofthe returned shipment, the generator must: (a) sign for receipt ofthe shipmentby:

(1) signing item 18(c) of the manifest, if the transporter returned the shipment using the original manifest; or

(2) signing item 20 ofthe manifest. ifthe transporter returned the shipment using a

new manifest; and (b) retain one copy ofthe manifestform andmail one copy ofthe manifestform to the generator/offeror state and mail one copy ofthe manifest form to the destination state (if different from the generator/offeror state), making legible photocopies as necessary. postmarked within 10 calendar days ofshipment date. Mail the department copy to: New York State Department ofEnvironmental Conservation. Division of Solid & Hazardous Materials, Manifest Section, 625 Broadway. Albany, NY 12233-7252. Manifestcopies do notneed to be distributed to states otherthan New York, ifthose states do notrequire such

a copy be submitted to them. (b) 

### Manifest requirements. (1) A generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage. and disposal facility who offers for transport a rejected hazardous waste load. must prepare a manifest on EPA form 8700-22, and ifnecessary. EPA form 8700-22A. according to the manifest instructions induded in Appendix 30 ofthis Title. (i) For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generatormust assure thatthe designated facility agrees to sign and return the manifest to the generator. and that any**out~of-state** transporter signs and forwards the manifest to the designated facility. (2) Prior to shipment ofhazardous waste offthe site at which such waste was generated. the generator must: 0) designate on the manifest one facility which is authorized to handle the waste described on the manifest. A generator may also designate on the manifest one alternate

07-15-2006 6112.3 Conservation

### § 372.2 TITLE 6 ENVIRONMENTAL CONSERVATION

facility which is authorized to handle the waste in the event an emergency prevents delivery 

### of the waste to the primary designated facility. The generator must confirm by 

### written communication from the designated treatment, storage or disposal facility and alternate treatment, storage ordisposal facility that 

### it is authorized to handle the particular hazardous waste described on the manifest;

(ii) 

### for each hazardous waste listed in item 9 ofthe manifest, confirm with the designated facility what the ultimate disposal method 

### will be for that waste. 

### Ifthe receiving TSD 

### facility is not providing a hazardous waste management code in item 19 that reflects the ultimate disposal method for the hazardous waste, the generator must provide a State waste code in item 13 ofthe manifest to designate the ultimate disposal method ofthe hazardous waste using one ofthe following State codes:

L

### = Landfill 

### B;. Incineration, heat recovery, burning T;. Chemical. physical. or biological treatment R Material recovery ofmore than 75 percent ofthe total material. If the receiving TSD facility uses hazardous waste report management method code for "storage, bulking, and/or transfer off-site

- no treatmentJrecovery, fuel blending, or disposal at this site" in item 19 ofthe manifest fonn, and the generator has failed to provide the ultimate disposal method in item 13, the ultimate disposal method is deemed landfill (L);

(iii) confirm by written communication from the designated transporter(s) that they are authorized to deliver the manifested waste to the designated treatment, storage or disposal facility; and

(iv) instruct the transporter that, if an emergency arises which prevents delivery to the designated facility or the alternate facility, the transporter must contact the generator for further directions concerning the disposition of the waste. The generator will then either designate another facility or instruct the transporter to return the waste. (3) The generator must:

(0 sign the manifest certification by hand; and (ii) obtain the handwritten signature ofthe initial transporter and date ofacceptance on the manifest; and

(iii) retain one copy ofthe manifest in accordance with subparagraph (c)(1)(i) ofthis section, and mail only copy ofthe manifest form to the generator state and mail only copy of the manifest form to the destination state (if different from the generator state), making legible photocopies as necessary, postmarked within 10 calendar days of shipment date. Mail the department copy to: New York State Department ofEnvironmental Conservation, Division of Solid & 

### Hazardous Materials, Manifest Section. 625 Broadway, Albany, NY 12233-7252. Generators do not need to distribute manifest copies to states other than New York, ifthose states do not require such a copy be submitted to them. The generator must give the transporter the remaining copies ofthe manifest. (4) Special conditions. In the following situations, generator manifest requirements are modified as follows: (i) Generators who offer hazardous waste for shipment to a destination outside the United States must comply with the generatorrequirements ofsection 372.5 ofthis Part.

(ii) Generators who offer hazardous waste for shipment to a destination outside New York State must comply with the generatorrequirements ofsection 372.6 ofthis Part.

(iii) Generators who employ one or more rail or water (bulk) transporters to ship their hazardous waste mustcomply with the generatorrequirements ofsection 372.7 ofthis Part. (5) No generator may:

(i) offer a shipment ofhazardous waste for transport off-site without an accompanying manifest;

6112.4 Conservation 07·15-2006CHAPTER IV QUALITY SERVICES 

### § 372.2

(a) such transporter has a valid pennit, i nder Part 364 of this Title, which authorizes the transporter to trans particular waste(s) offered for shipment to the designated facility; or

(b) sporter is otherwise exempt from the permit requirements ofPart 364 of

(iii) offerfor shipmentorship a hazardous waste to otherthan an authorized facility. (6) Use ofa New York State or EPA hazardous waste code on a manifest constitutes a detenninationby the generator that the solid waste is ahazardous waste in New York.

(7) The requirements ofthis section (manifest requirements) do not apply to hazardous waste produced by generators ofgreater than 100kilograms but less than 1,000kilograms per calendarmonth where: (i) the waste is reclaimed under a contractual agreementpursuant to which:

(a) the type ofwaste and frequency ofshipments are specified in the agreement; (b) the vehicle used to transport the waste to the recycling facility and to deliver regenerated material backto the generatoris owned and operated by the reclaimer;

(c) the reclaimer complies with any applicablePart 364 waste hauler permitrequirements; and (ii) the generatorrecords the following infonnation for each shipment:

(a) the hazardous waste code and quantity ofwaste shipped; and (b) the date the waste is shipped; and (iii) the generator maintains acopy ofthe reclamation agreement on file for a period of atleast three years aftertermin,ation orexpiration ofthe agreement. (8) Therequirements ofthis section and subparagraph (a)(6)(ii) ofthis sectiondo notapply to the transport ofhazardous wastes on a public or private right-of-way within or along the border ofcontiguous property under the control ofthe same person, even ifsuch contiguous property is divided by a public or private right-of-way. The generator or transporter must comply with the requirements for transporters set forth in section 372.3(d) ofthis Part in the event ofa discharge ofhazardous waste on a public orprivate right-of-way.

262.21, manifest tracking numbers, manifest printin es s, as publishedin the 70 

### FR ]0775, 

### etse

- er,

. arch4,2005, is incorporated by reference as if

(10) Waste minimization certitication. A generator who initiates a shipment ofhazardous waste mustcertify toone ofthefollowing statements initem 

### ]5 oftheuniformhazardous waste manifest: (i) 

### "I am alarge quantity generator. 

### I have aprogramin place to reduce the volume and toxicity ofwaste generated to the degree 

### I have detennined to be economically practicable and I have selected the practicable method of treatment, storage. or disposal currently available to me which minimizes the present and future threat to human health and the environment;" This statement can also be found at 40 CFR 262.27(a), as incorporated by reference (see section 370.l[e] ofthis Title); or

(ii) "1 am a small quantity generator. 1 have made a good faith effort to minimize may waste generation and select the best waste management method that is available to me and that 1can afford." This statementcan also be found at40 CPR262.27(b), as incorporatedby reference (see section 370.1[e} ofthis Title). (c) 

### Reporting and recordkeeping requirements. (l) Recordkeeping. (i) 

### A generator mustkeep acopy ofeach complete manifest document as arecordforat least three years from the date the waste was accepted by the initial transporter.

07-15-2006 6112.4a ConservationCHAPTER IV QUALITY SERVICES 

### § 372.2

(ij) 

### A generator must 

### keep a copy ofeach annual report (paragraph [2] ofthis**subdivi~** 

### sian) and exception report (paragraph [3]) for a period of at least three years from the due date ofthe repoft.

(iii) 

### A generator must keep records ofany test results, waste analyses or other**detenni~** 

### nations made in accordance with paragraph (a)(2) ofthis section for atleast three years from the date that the waste was last sent to 

### ansite or off-site treatment, storage ordisposal.

(iv) All 

### records required under this subdivision must be 

### furnished to the department upon request, postmarked within five business days of receipt of a written request. A generator must make such records available at all reasonable times for inspection by 

### an officer. employeeorrepresentative ofthe department who is duly designated by the commissioner.

(v) The recordkeeping periods referred to 

### in this section are extended automatically beyond the three-year period during the course of any unresolved enforcement action regarding the regulated activity oras requested by the commissioner. (2) 

### Annual reporting. (i) 

### A generator who ships any hazardous waste offsite to a treatment, storage or disposal facility located within the United States must submit annual reports on forms specified by the commissioner. This report must be submitted to 

### the department no later than March 1st for the preceding calendar year. and must include the following information: (a) 

### the EPA identification number, name and address ofthe generator: (b) 

### the calendaryear covered by the report; (c) 

### the EPA identification number. name and address for each offsite treatment. storage or disposal facility in the United States to 

### which waste was shipped during the year;

(d) 

### the name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States;

(e) 

### a description, EPA hazardous waste number (5) (from section 371.3 and/or 371.4 ofthis Title), DOT hazardous class, and quantity ofeach hazardous waste shipped offsite for shipments to a treatment, storage or disposal facility within the United States. This information must be listed by EPA identification number ofeach such offsite facility to 

### which waste was shipped;

(j) 

### a description ofthe efforts undertaken during the year to reduce the volume and toxicity ofwaste generated;

(g) 

### a description of the changes in volume and toxicity of waste actually achieved during the yearincomparison to previous years to the extent such information is available for years prior to 

### 1984; and

(h) 

### the certification signed by the generator or authorized representative. (ii) Any generator who treats or disposes of hazardous waste onsite must submit an annual report covering those wastes in accordance with the provisions ofsection**373~2.5(e)** 

### ofthis Title. Reporting for experts ofhazardous waste is not required on the annual report form. A separate annual report requirement is set forth in section 372.5(0 ofthis Part.

(iii) A generator who generates in a calendar month less than 1,000 kg of non-acute hazardous waste or one kg acute hazardous waste, is exempt from filing an annual report. provided that the generator complies with all other applicable regulations. A generator who exceeds these generation limits must file an annual report for the entire year. (3) Exception reporting. A generator who does not receive a copy ofthe manifest with the handwritten signature ofthe owner or operator ofthe designated facility within 35 days ofthe date ofshipment, mustimmediately contactthe transporterand/ordisposal facility to determine the status of the shipment. If. within 45 days of the date of shipment the generator has not received a signed copy ofthe manifest, an exception report must be 

### submitted to the department and. in the case ofinterstate shipments. submitted to the state in which the shipment was

6112.5 Conservation

### § 

### 372.2 TITLE 6 ENVIRONMENTAL CONSERVATION



### to be received, and any states in which the shipment may have been delivered. In the case of states whichdo nothaveEPA-approvedhazardous wasteprograms. notification mustbe sentto EPA. The exception report must include: (i) 

### a legible copy ofthe manifest for which the generatordoes not have confirmation of delivery; and

OJ) a cover letter. signed by 

### the generator or the generator's authorized representative, explaining the efforts taken to 

### locate the hazardous waste and the results ofthose efforts. (4) Additional reporting. The commissioner may require generators to 

### furnish additional reports concerning the quantities and disposition ofwastes. if

### necessary. (d) 

### ProjectXLforpublic utilities in New York State. (1) 

### The following definitions apply to this subdivision: (i) A 

### utilityis any companythatoperates wholesale and/orretail oil and gas pipelines, or any company thatprovides electric powerortelephone service andis regulated by New York State's Public Service Commission, or the New York Power Authority.

(ii) A**right~of~way** 

### is a fixed, integrated network ofaboveground or underground**con~** 

### veyances, inclUding land structures, fixed equipment. and otherappurtenances, controlled or owned by a utility, and used for the purpose of conveying its products or services to customers.

(iii) A 

### remote location is a located in New York State within a utility's right-of-way network that is not pennanently staffed.

(iv) A 

### utility's central collectionfacility (UCCF) is a utility-owned facility within the utility's right-Of-way network to which hazardous waste, generated by the utility at remote locations within the same**right-of~way** 

### network, is brought. (2) A UCeF designated pursuant to paragraph (5) of this subdivision may consolidate hazardous waste (with the exception of mixed waste) generated by that utility at its remote locations (andatthe UeCF) forup to 90 days withoutapermit or without having interim status, provided that: (i) the utility complies with all applicable requirements for generators in this Pan (except subparagraphs [a][8][iii], [iv] and [v] ofthis section) for hazardous waste generated at its remote locations and at the DeCF, including the manifest and pretransport requirements for all shipments greaterthan 100 kilograms sent from a remote location to 

### a UeeF;

(ii) the utility transports the hazardous waste from the remote location to a UCCF immediately after collection of all hazardous waste at the remote location is complete or when the staffcollecting the hazardous waste leave the remote location, whichever comes first;

(iii) the utility complies with all applicable requirements for transporters in this Partand Part364ofthis Title for each shipmentofhazardous waste greaterthan 100kilograms which is sent from remote location to the UCCF, and all applicable United States Department of Transportation requirements;

(iv) (a) 

### the utility complies with paragraphs (a)(I) through (7) 

### of this section and subparagraphs (a)(8)(i) and (ii) ofthis section, regardless ofthe total quantity generated or consolidated at the UCCF percalendar month; (b) 

### the utility complies with section**373~2.9(i)** 

### ofthis Title; and (c) 

### secondary containment is provided for liquid hazardous waste consolidated in containers ifrequired. pursuant to section**373~** 

### 1.1 (d)(I)(iii) or (iv) ofthis Title; (v) the utility submits an annual report in accordance with paragraph (c)(2) of this section, including all hazardous waste shipped from remote locations to the UCCF. This UCCF annual report may be submittedin lieu ofsubmitting an annual report foreach remote location. However, for hazardous waste generated at a particular remote location that exceeds 1.000 kg per calendar month and that is not sent to 

### the UCCP. the utility must submit a separate annual report;

6112.6 ConservationCHAPTER IV QUALITY SERVICES 

### § 372.2

(vi) waste generated at a remote location that is not sent to a UCCF is managed according to the requirements ofthis Pan and 

### Parts 370-371,**373~374** 

### and 376 ofthis Title;

(vii) the utility maintains records at the UCCF in accordance with all the recordkeeping requirements set forth in subdivision (c) ofthis section, and maintains records on any PCB test results for hazardous wastes brought to the facility from remote locations;

(viii) the

## veep obtains an EPA identification number; Ox) the UCCFreceives hazardous waste only from a remote location; and (x) the utility reinvests at least one third ofthe direct savings described in paragraph (8) 

### ofthis subdivision in one or more environmentally beneficial projects, such as remediation

or pollutionprevention, that are over and aboveexisting legal requirements and thathave not been initiated prior to the utility's receipt of approval to consolidate hazardous waste pursuant to this subdivision. (3) Utilities seeking to 

### have UCCFs designated under paragraph (5) ofthis subdivision must comply with the following requirements: (i) 

### any New Yark State utility seeking approval to consolidate hazardous waste under this subdivision must notify local governments and communities ofthe utility's intent to designate specific UCCFs;

(ii) in carrying out subparagraph (i) 

### of this paragraph, the utility must solicit public comment, m soliciting public comment, the utility must use the notice method set forth in clause (a) 

### ofthis subparagraph, as well as at leasttwo ofthe methods setforth in clauses (b)- (g) 

### ofthis subparagraph. Each utility mustalso notify by mail all parties who commented on the proposed Federal or State rule for this XL project: (0) 

### apublic notice in a newspaperofgeneral circulation withinthe areain which each proposed UCCF is located;

(b) 

### aradio announcement in each affected community during peak 

### listening hours; (c) 

### mailings to all citizens within a five-mile radius ofproposed UCCF; (d) 

### well publicized community meetings; (e) 

### presentations to the local community board; (f) 

### placement of copies of this subdivision and the final project agreement that explains the regulatory relief outlined in this subdivision in the local library nearest the proposed UCCP. and inclusion ofthe name and address ofthe library in the newspaper notice; and (g) 

### placement of copies of this subdivision and the final project agreement that explains the regulatory relief outlined in this subdivision on the utility's web site. and inclusion ofthe web site's address in the newspapernotice; (iii) all outreachefforts made undersubparagraph (ii) 

### ofthis paragraph shall beprepared inEnglish (and any otherlanguage spokenby alargenumberofpersons in thecommunity of concern) and at a minimum shall include the following information: (0) 

### a briefdescription ofthe XL project. the intended new use ofthe facility, and a request for comments on the proposed UCCF; (b) 

### the name, ifany, and address ofthe proposed UCCF and its current status under the New York State's hazardous waste regulatory program; (c) 

### the intended duration ofuse ofthe UCCF under the requirements ofthis subdivision;

(d) 

### names, addresses. and telephone numbers of contact persons, representing the utility, to whom questions orcomments may be directed; and

(e) 

### notification ofwhen the comment period ofno less than 30 days will close; (iv) prior to the solicitation of public comment pursuant to subparagraph (ii) 

### of this paragraph, the utility must submit copies ofeach notice, announcement ormailing directlyto local governments and to the Department and USEPA; and

07-15-2005 6112,7 Conservation

### §372.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(v) attheclose ofthe commentperiod, the utility shall prepare aresponsiveness package containing a summary ofpublic outreach efforts. all comments and questions received as a result ofits outreach effons, and the utility's written responses to all comments and**qlJes~** tions. The utility shall provide copies of its responsiveness package to any citizens that participatedin the public notice process, local governments and the department and USEPA. 

### (4) Upon completion ofthe public notice procedures described in paragraph (3) 

### of this subdivision, the utility must provide written notice to the Department and USEPA ofits intent
to participate. The notice ofintent must contain the following information: (i) the name ofthe utility, corporate address, and corporate mailing address, ifdifferent; (ii) the name, mailingaddress, andtelephone numberofacorporate.leve1 contactperson to whom communications and inquiries may be directed. This contact person may be changed by written notification to the department and USEPA;

(iii) a list ofthe names, addresses, and EPA identification numbers ofall utility-owned facilities in New York State that are proposed UCCFs and the names and telephone numbers ofa designated contact person at each facility;

(iv) a summary ofpublic outreach efforts undertaken pursuant to paragraph (3) ofthis subdivision:

(v) a commitment that one third of the direct cost savings outlined in paragraph (8) of this subdivision due to project participation 

### will be reinvested in one or more environmen· tally beneficial projects which are over and above existing legal requirements and which have not been initiated prior to the utility's receipt of approval to consolidate hazardous waste pursuant to this subdivision; and

(vi) an acknowledgment that the signatory is personally familiar with the terms and conditions ofthis subdivision and has the authority to obligate anddoes obligate the utility to comply with all such terms and conditions. The utility shall comply with the signatory requirements set forth in section 373-L4(a)(5)(a) ofthis Title. (5) The procedures for designating UCCFs are as follows:

0) subject to SUbparagraphs (ii).(v) of this paragraph. the utility and specified UCCF shall receive approval to comply with the requirements set forth in paragraph (2) of this subdivisionupon the receipt ofwritten acknowledgment from the department that the notice of intent described in paragraph (4) ofthis subdivision has been received and found to be complete and in compliance with all the requirements set forth in paragraph (4) of this subdivision. This acknowledgment will state whether the UCCF has been designated under this subdivision and any additional limitations which have been placed on the UCCF.

(ij) Based on information provided and comments received during the public notice and comment period, the department shall prepare a response to the comments received. The response to comments shall be attached to the acknowledgment described in subparagraph (i) ofthis paragraph. Both the acknowledgment and the response to comments shall be sent to all persons who commented on the designation ofthe UCCF(s) that are the subject ofthe acknowledgment.

(iii) Based on information provided and comments received during or after the public notice and comment period. designated UCCFs may be rejected for the proposed use, or. if the department determines that acceptance for the proposed use under the conditions of paragraph (2) ofthis subdivision may not fully protect human health and the environment based on the utility's compliance history or other appropriate factors, the acknowledgment may impose conditions in addition to those in paragraph (2) ofthis subdivision.

(iv) 

### If the department determines that a site-specific informational public meeting is warranted priorto determining the acceptability ofadesignated UCCF. the acknowledgment will so state.

(v) Subsequent to any public meeting, the department may reject or prOhibit UCCFs from participating in this project based on information provided or comments received during or after the public notice process or based on a determination that acceptance for the

6111.8 Conservation 07-15-1005CHAPTER IV QUALITY SERVICES 

### § 372.2

proposed use underthe conditions ofparagraph (2) ofthis subdivision may not fully protect human health and the environment based on the utility's compliance history or other 

### appropriate factors. (6) At any time, a utility may add or remove 

## UeeF designations by complying with the following requirements: (i) A utility must notify the department and USEPA ofits intent to designate additional 

### VeeFs. Such a notification shall be submitted to both agencies and processed 

### by the department in the manner indicated in paragraphs (4) and (5) ofthis subdivision.

OJ) To have one or more additional UCCFs designated, the utility must comply with paragraph (3) ofthis subdivision.

(iii) A utility can discontinue use ofa facility as a UCCF by notifying the Department and USEPA in writing. (7) Each utility that receives approval to consolidate hazardous waste pursuant to this subdivision shall submit an armual progress report with the following information for the preceding year: (i) the number ofremote locations statewide for which hazardous waste was handled in accordance with paragraph (2) ofthis subdivision;

(ii) the total tonnage ofeach type ofhazardous waste handled by each UCCF; (iii) the number ofremote locations statewide from which 1,000 kilograms or more of hazardous waste were collected per calendar month;

(iv) the number of remote locations statewide from which between 100 and 1,000 kilograms ofhazardous waste were collected percalendar month;

(v) an estimate of the monetary value, on a utility-wide basis, of the direct savings realized by participation in this project. Direct savings at a minimum include those outlined in paragraph (8) ofthis subdivision;

(vi) descriptions ofthe environmental compliance, remediation, or pollution prevention projects or activities into which the savings, described in paragraph (8) ofthis subdivision, have been reinvested, with an estimate ofthe savings reinvested in each. Any such projects must consist ofactivities that are over and above existing legal requirements and that have not been initiated prior to the utility's receipt of approval to consolidate hazardous waste pursuant to this subdivision; and

(vii) the addresses and EPA identification numbers for all facilities that served as UCCFs for hazardous waste from remote locations. (8) Utilities that receive approval to consolidate hazardous waste pursuant to this subdivision must assess the direct savings realized as a result. Cost estimates shall include direct savings based on relief from any regulatory requirements, which the facility expects to be relieved from due to compliance with the provisions of this subdivision, including but not limited to, the following: (i) database management for each remote location as an individual generator; (ii) annual report preparation costs; 

### andlor (iii) cost savings realized from consolidation ofwaste for economical shipment (including no longer shipping waste directly to a TSD from remote locations). (9) 

### If any UCCF or utility that receives approval under this subdivision fails to comply with any ofthe requirements ofthis subdivision, the department may terminate or suspend the VCCP's orutility's participation. The department will provide aUCCF Ofutility with 15 days' written notice ofits intent to terminate or suspend participation. During this period, the UCCF will have the opportunity to come back into compliance or provide a written explanation as to why it was notin compliance with the terms ofthis subdivision and how it will come back into compliance. 

### Ifthe department then issues a written notice terminating or suspending participation, the utility must take immediate action to come into compliance with all otherwise

07-15-2006 6113 Conservation

### §372.2 TITLE 6 ENVIRONMENTALCONSERVAnON

applicable State and Federal requirements. USEPA or the department may also take enforce- ,ment action against a utility for non-compliance with the provisions ofthis subdivision. (10) This subdivision will expire on May 24, 2011.

Historical Note Sec. filed May 14. 1985; amds. filed: Oct. 26.1988; Dec, 2.1991; Nov. IS. 1994; Sept. 29. 1998; Nov. 4,1999; Jan. 14.2002; July 5. 2005; July 7, 2oo6eff. Sept. 5,2006. Amended (b). 

### § 

### 372.3 Standards applicable to transporters.

The following standards are applicable to transporters ofhazardous waste unless specifically exempted or modified in this section.

(a) General requirements. provisions ofPart 364 ofthis Title "
, an e permitted under the

(2) Within 90'days after promulgation or revision ofPart 371 of this Title, any person transporting wastes not previously regulated as hazardous waste shall file with the commissioner anotification stating the location and a general description ofthe transportation activity and the hazardous waste handledby suchperson. No hazardous waste subject to the regulation in thisTitle maybetransported. treated, storedordisposedunless notificationhasbeen given as herein required.

(3) A transporter must not transport hazardous wastes without having received an EPA identification number as defined in section 370.2(b) ofthis Title.



### (4) 128FfMits**\B~.** H'8BS,sFt@fsfR8i!itUSSY& '''&Btt) 

### Rtyst .QAlply 

### UltrA dig 

### Periilit fi't'liiWaU:li1$ 8fP8:R**~e~** eftkis Title ttnles8 etftEJf\ViS6 eU8MfJt (seetieR**Ae4.1[8]~1**

(5) A transporterofhazardous wastes mustcomply with requirements applicable to generators, as set forth inthis Part. ifthe transporter: (i) transports hazardous waste into the United States form abroad; or (ii) mixes hazardous wastes ofdifferentDOTshippingdescriptionsby placingtheminto

a single container. (6) Transporters as temporary storage facilities. Transporters may store hazardous waste, incidental to transport, for up to 

### 10 days as provided for in section 373-1.1(d)(l)(xv) ofthis Title.

(7) Transporters are permitted to transfer hazardous waste, incidental to transport, provided that: (i)

.[RC'88f )**e~** ,(ii) transfer of hazardous waste from one transporter to another is indicated on the manifest as Second Transporter; and

(iii) if consolidation of loads takes place 

### by moving containers from one transport vehicle to anotherorcontainers are removedfrom transportvehicles priorto being reloaded, the transferor storage area mustbedesignedto meet secondary containmentrequirements in accordance with section 373-2.9([) ofthis Title.

requirements ofthis Part. or subject to the waste management part 374-3 of this Title, that is being imported from any of the countries listed in section 372.5(h)(I)(i o' purposes ofrecovery is subject to this section and to all other

(b) Manifest requirements. (I) Before transporting the hazardous waste. the transporter of such waste must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return 

### a signed copy to the generator before leaving the generator's property, and assure thaI copies of the manifest are available for additionaltransporters, ifnecessary.

6114 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 372.3

(2) The transporter must ensure that the manifest accompanies the hazardous waste. The manifest must be kept in the transportation vehicle in an easily accessible place when the shipmentis intransit. In the case ofexports. the transportermustensure that acopy ofthe EPA acknowledgment ofconsent also accompanies the hazardous waste.



# m**f~6L!'g,",'''Q'}** (4) (i) The transporter must deliver the entire quantity ofhazardous waste which the transporteraccepted from agenerator or atransporter to: (a) the designated facility listed on the manifest; (b) the alternate designated facility ifthe hazardous waste cannotbe delivered to the designated facility because an emergency prevents delivery;

(c) the next designated transporter, as specified on the manifest; or (d) the placeoutside the United States designated by the generator. (ii) Ifthe hazardous waste cannot be delivered in accordance with subparagraph (i) of this paragraph because ofan emergency condition other than rejection ofthe waste by the designated facility, thenthe transportermust contact the generatorfor furtherdirections and must revise the manifest according to the generator's instructions.

(iii) Ifthe hazardous waste is rejectedby the designated facility while the transporter is

on the facility's premises, then the transportermust obtain the following: (a) for apartial load rejection orfor regulated quantities ofcontainerresidues, acopy ofthe original manifest that includes the facility's date and signature, and the manifest tracking numberofthe new manifest thatwill accompany the shipment, and adescription of the partial rejection or container residue in the discrepancy block·of the original manifest. The transportermust retain a copy ofthis manifestin accordance with subdivision (c) of this section, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter mustobtain anew manifestto accompany the shipment, andthe

new manifest must include all the information required in section 373-2.5(b)(1)(v)(a) through (j) or(vi)(a) through (j), or373-3.5(b)(1)(v)(a) through

### (j) or(vi)(a)through (j) of this Title;

(b) for a full load ryjection that will be taken back by the transporter, 

### a copy ofthe original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description oftherejection in the discrepancy block ofthe manifest, andthe name, address, phone number, and identification number for the alternate facility or generatorto whom the shipment must be delivered. The transporter must retain acopy of the manifest in accordance with subdivision (c) of this section, and give a copy ofthe manifest containing this information to the rejecting designated facility. Ifthe original manifest is notused, then the transportermust obtain anew manifest forthe shipmentand comply with section 373-2.5(b)(I){v)(a) through 

### (j) or 373-3.5(b)(1)(v)(a) through (j) of this Title; (5) 

### A transporter who delivers hazardous waste to another transporter to the designated facility must: (i) obtain the date ofdelivery and the handwritten signature of the subsequent transporteror ofthe owner or operatorofthe designated facility on the manifest; and



### \ii)**!~6B'8,",ljJ~1** (iii) retain the'appropriatecopyofthe manifestinaccordance withsubdivision (c) ofthis section; and

(iv) give the remaining copies ofthe manifest to the accepting transporterordesignated facility. (6) Prohibitions. No transportermay:

07-15-2006 6115 Conservation

### § 372.3 TITLE 6 ENVIRONMENTAL CONSERVAnON

(i) (a) accept hazardous wastefrom a generatorunless the transporter is alsoprovided with a manifest signed in accordance with the requirements ofsection 372.2{b)(3) ofthis Part. ,

(b) In the case ofexports ofhazardous waste subject to the requirements ofsection 372.5{h) ofthis Part, atransportermust meetthe requirements ofsection 372.5(h) ofthis Part. In the case of exports other than those subject to section 372.5{h) of this Part. a transportermay not accept such waste from a primary exporterorotherperson: (1) ifthe transporter knows the shipment does not conform to the EPA acknowledgmentofconsent: and

(2) unless, in addition to a manifest signed by the generatorin accordance with the provisions ofsection 372.2(b) ofthis Part, the transporteris also provided with anEPA acknowledgment of consent which, except for shipment by rail, is attached to the manifest or (shipping paperfor exports by water [bulk shipment]); {ii} accept a hazardous waste shipment that significantly differs in terms of quantity from that listed on the manifest;

(iii) deliverashipmentofhazardous waste to any person otherthan as prescribed in this subdivision; or

(i1r) triilAijp9R aAy 

### ibipment 9£**Aa~asdQijs** n'ast8 nritRQut**cal+lfJI~'iRg** 

### ]vitb tlte 

### HRQAsilil Si€lUity£i'P1i(:t)miAU 

### Qfp31asrapR**(rJ)(~)** Qftbig &8SQ9lt (7) Special conditions. In the following situations, transporter manifest requirements are modified: (i) Transporters who transport hazardous waste outofthe United States must:

(a) sign anddate the manifestin theinternational shipments blockto indicatethe date that the shipment left the United States;

(b) retain one copy in accordance with paragraph (c}(3) ofthis section; (c) return a signed copy ofthe manifest to the generator; and**(~** 

### Oi,e B: eel') sf tfte 

### tuattiFc:Jt t8 8:**U.~.** CMSlefftS 

### sUi-sia! at 

### the {!l8iMt 8f 8i111QAHlil 

### f'8H1 fAa '1ni!l"**~tatii** (ii) Rail and water (bulk) transporters mustcomply with the transporterrequirements in section 372.7 ofthis Part

(iii) A transportertransporting hazardous waste from agenerator who generates greater than 100 kilograms but less than 1,000 kilograms ofhazardous waste in a calendar month need not comply with the requirements ofthis section or those of SUbdivision (c) ofthis section provided that: (a) the wasteisbeing transportedpursuantto areclamation agreementasprovided for in section 372.2(b){7) ofthis Part;

(b) the transporter records, on a log or shipping paper, the following information for each shipment: (1) the name, address and U.S. EPA identification number ofthe generator ofthe waste;

(2) thequantity ofwaste accepted; (3) all DOT-required shipping information; and (4) the date the waste is accepted; {c} the transporter carries this record when transporting waste to the reclamation facility; and

(d) the transporter retains these records for a period of at least three years after termination orexpiration ofthe agreement. (c) Recordkeeping requirements. (1) A transporter ofhazardous waste must keep a copy ofthe manifest signed by the generator, the transporter and the next designated transporter or

6116 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 372.4

the owner or operator ofthe designated facility. for a period ofthree years from the date the hazardous waste was accepted by the initial transporter.

(2) For shipments delivered to the designated facility by rail or water (bulk), each rail or water (bulk shipment) transporter must retain a copy of a shipping paper containing all the information required in section 372.7 ofthis Part for a period ofthree years from the date the hazardous waste was accepted by the initial transporter.

(3) A transporter who transports hazardous waste Out ofthe United States must keep a copy ofthe manifest. indicating thatthe hazardous waste left the United States, for a period of three ycars from the date the hazardous waste was acceptedby the initial transporter.

(4)**[R~5el"\'eeJo** (5) The three-yearperiod ofretention referred to in this subdivision is extended automatically during the course ofany unresolved enforcement action regarding the regUlated activity

or as requested by the commissioner. (d) Hazardous wastedischarges. (I) Immediate action. (i) In the evem ofa discharge ofhazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge areas).

Oi) Ifadischarge ofhazardous waste occurs during transportation and an official (State

or local government or a Federal agency), acting within the scope of his/her official responsibilities, determines that immediate removal of the waste is necessary to protect human health or the environment. that official may authorize the removal ofthe waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(iii) Any waste transporter who has discharged hazardous waste must:

(a) give notice. ifrequired by 49 CFR 171.15 (see section 370.1 [e] ofthis Title), to the National Response Center (800-424-8802 or 202-426-2675) and the department (518-457-7362);

(b) report in writing, asrequired by49 CFR 171.16(see section370.1 [e] ofthis Title), to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department ofTransportation. Washington, DC 20590; and

(c) in the case ofa water (bulk shipment) transporter. who has dischargedhazardous waste, give thc same notice as required by 33 CFR 153.203 (see section 370.1 [e] ofthis Title) for oil and hazardous substances. (2) Discharge cleanup. A transporter must clean up any hazardous waste discharge that

occurs during transportation. or take such action as may be required or approved by Federal. State or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.



### 0)**1ij"'~):lQiaJ ~""l.lRt~'** **~'JUir@ll'I8Rts.** THe HR8RSiaJ**S86ti:ri~'** FtlEj:Hir8Rl8ftts fer tPaftS19Sl'l8fS 

### 8f 1l8E8reeHs Ji8SLe 81'e Jesstea ift scetiali 

### 3M.:S a£a,i3 

### Title.

Historical Note Sec. filed May 14. 1985: amds. filed: Oct. 26. 1988; Nov. 15, 1994; Sept. 29. 1998; Nov. 4. 1999;Jan. 14,2002; July 7, 2006 efr. Sept. 5,2006. Amended (b)(I)-(7). 

## S372.4 [Reser 

## 'ctli

## **

. Historical Note Sec. filed May 14. 1985; amds. filed: May 2, 1986; Oct. 26.1988; repealed, filed Nov. 15. 1994; July 7, 2006 eff. Sept. 5,2006. Amended (b)(IH7).

**(See sections 373·2.5 and 373·3.5 ofthis Title. as appropriate, for standards applicable to owners and operators of treatment, storage and disposal facilities fonnerly located inthis section.)

07-15-2006 6117 Conservation

### §372.5 TITLE 6 ENVIRONMENTAL CONSERVATION



### § 372.5 International shipments and imports.

(a) Applicability. This section establishes requirements applicable to exports ofhazardous waste. Except to the extent subdivision (h) ofthis section provides otherwise, a primary exporter ofhazardous waste must comply with the special requirements ofthis section and a transporter transporting hazardous waste for export must comply with applicable requirements of section 

### 372.3 of 

### this Part. Subdivision (h) of this section sets forth the requirements of international agreements between the United States and receiving countries which establish different notice, export, and enforcement procedures for the transportation, treatment, storage and disposal of hazardous waste for shipments between the United States and those countries.

(b) General requirements. Exports ofhazardous waste are prohibited except incompliance with the applicable requirements of this section and section 372.3 of this Part. Exports of hazardous waste are prohibited unless: (1) 

### notification in accordance with subdivision (c) ofthis section has been provided; (2) the receiving country has consented to accept the hazardous waste; (3) a copy of the EPA acknowledgment of consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to 

### the manifest or shipping paper for exports by water (bulk shipment); and

(4) the hazardous waste shipment conforms to the terms ofthe receiving country's written consent as reflected in the EPA acknowledgment ofconsent. (c) Notification a/intentto export. (I) Aprimary exporterofhazardous waste mustnotify EPA and the department of an intended export before such waste is scheduled to leave the United States. A complete notification should be submitted 60days before the initial shipment is intended to be shipped offsite. This notification may coverexport activities extending over a 12-month orlesser period. The notification mustbe in writing, signed by the primary exporter, and include the following infonnation: (i) name, mailing address, telephone number and EPA I.D. number of the primary exporter;

(ii) by cosignee, for each hazardous waste type:

(a) 

### a description ofthe hazardous waste and the EPA hazardous waste number (from Part 371 ofthis Title), U.S. DOT proper shipping name, hazard class and I.D. number (UNfNA) for each hazardous waste as identified in 49 CPR parts 171-177 (see section 370.1[e] ofthis Title).

(b) 

### the estimated frequency or rate at which such waste is to be exported and the period oftime over which such waste is to be exported;

(c) 

### the estimated total quantity of the hazardous waste in units as specified in the instructions to the unifonn hazardous waste manifest form (8700-22);

(d) 

### all points ofentry to and departure from each foreign country through which the hazardous waste will pass; (e) 

### adescription ofthe means by which each shipment ofthe hazardous waste will be transported (e.g., 

### mode oftransportation vehicle [air, highway, rail, water, etc.], type[s] of container [drums. boxes. tanks, etc.]);

(j) 

### a description ofthe manner in which the hazardous waste will be treated, stored or disposed ofin the receiving country (e.g., 

### land or ocean incineration. otherland disposal,

ocean dumping, recycling);

(g) 

### the name and site address ofthe cosignee and any alternate cosignee; and (h) 

### the name ofany transit countries through which the hazardous waste will be sent and a description ofthe approximate length oftime the hazardous waste will remain in such country and the nature ofits handling while there. (2) Notifications submitted by mail should be sent to the following mailing addresses: Office ofEnforcement and Compliance Assurance. Office ofCompliance. Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M Street

6118 Conservation 07·15·2006CHAPTER IV QUALITY SERVICES 

### § 372.5

SW, Washington. DC 20460 and to the Regulatory Development Section, NYSDEC, 625 Broadway, Albany, NY 12233. Hand-delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave. NW. Washington, DC, and mailed to the Regulatory Development Section atthe above address. In all cases. the follOWing shall be prominently displayed on 

### the front ofthe envelope:
.,Attention: Notification ofIntent to Export."

(3) Except for changes to the telephone numberin subparagraph (1 )(i) 

### ofthis subdivision. changes to 

### clause (l

### )(ii)(e) and decreases in the quantity indicated pursuant to clause (l 

### )(ii)(c) ofthis subdivision when the conditions specified on the original notification change (including any exceedance ofthe estimate of the quantity ofhazardous waste specified in the original notification), the primary exporter must provide EPA and the department with a written renotification of the change. The shipment cannot take place until consent ofthe receiving country to the changes (except for changes to clause [l][ii][h] and in the ports ofentry to and departure from transit countries pursuant to clause [1 ][ii][d] of this subdivision) has been obtained and the primary exporter receives an EPA acknowledgment ofconsent reflecting the receiving country's consent to the changes.

(4) Upon request by EPA or the department, aprimary exporter must furnish to 

### EPA and the department any additional infonnation which a receiving country requests in order to respond to 

### a notification.

(5) In conjunction with the U.S. Department of State, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements ofparagraph (1) ofthis subdivision. Where aclaim ofconfidentiality is asserted with respect to 

### any notification information required by paragraph (1) 

### ofthis subdivision, EPA orthe department may find the notification not complete until any such claim is resolved in accordance with section 370.1(b) ofthis Title and 40 CFR 260.2 (see section 370.l[e] ofthis Title).

(6) Where the receiving country consents to the receipt ofthe hazardous waste, EPA will forward an EPA acknowledgmentofconsent to theprimary exporterforpurposes ofparagraph (d)(8) ofthis section. Where the receiving country objects to receipt ofthe hazardous waste or withdraws a prior consent. EPA will notify the primary exporter in writing. EPA will also notify the primary exporter ofany responses from transit countries. (d) 

### Special manifest requirements. A primary exporter must comply with the manifest requirements ofsection 372.2(b) ofthis Part except that: (1) 

### In lieu of the name, site address and"EPA LD. number of the designated permitted facility, the primary exporter must enter the name and site address ofthe cosignee.

(2) In lieu ofthe name, site address and EPA LD. number ofapermitted alternate facility, the primary exporter may enter the name and site address ofany alternate cosignee.

(3) In the international shipments block. the primary exporter must check the export box and enter the point ofexit (city and state) from the United States.

(4) The following statement must be added to the end ofthe first sentence ofthe certification set forth in item 16 ofthe uniform hazardous waste manifest form: "and conforms to the terms ofthe attached EPA acknowledgment ofconsent."

(5) The primary exporter may obtain the manifest form from any source that is registered with the EPA as a supplier ofmanifests (e.g., 

### states, waste handlers, and/orcommercial fonns printers).

(6) The primary exporter must require the cosignee to 

### confinn in Writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in section 373-2.5[b][1][i][a] ofthis Tille) between the manifest and the shipment. A copy ofthe manifest signed by such facility may be used to confirm delivery ofthe hazardous waste.

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### § 

### 372.5 TITLE 6 ENVIRONMENTAL CONSERVATION



### (7) 

### In lieu ofthe requirements of section 372.2(b)(2)(iii) ofthis Part. where a shipment

. cannotbe delivered for any reason to the designated oralternate cosignee, the primary exporter

must:

### 0) renotify EPA of a change in the conditions of the original notification to allow

shipmentto anew cosignee in accordance with paragraph (c)(3) ofthis section and obtain an 

### EPA acknowledgment ofconsent prior to delivery; or

(ij) 

### instruct the transporter to return the waste to the primary exporter in the United States ordesignate anotherfacility within the United States; and

(iii) 

### instruct the transporter to revise the manifest in accordance with the primary exporter's instructions. (8) The primary exportermustattach acopy ofthe EPA acknowledgmentofconsent to the shipmentto the manifest which must accompany the hazardous waste shipment. Forexports by rail or water (bulk shipment), the primary exporter must provide the transporter with an EPA acknowledgmentofconsentwhich mustaccompany thehazardous wastebutwhich neednotbe attached to the manifest except that for exports by water (bulk shipment) the primary exporter must attach the copy ofthe EPA acknowledgment ofconsent to the shipping paper.

(9) The primary exporter must provide the transporter with an additional copy of the manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves the United States in accordance with subparagraph (k)(l)(v) ofthis section. (e) 

### Exception reports. In lieu of the requirements of section 372,2(c)(3) of this Part, a primary exporter must file an exception report with the administrator with the administrator and the department if: (I) the primary exporter has not received a copy ofthe manifest signed by the transporter stating the date and place ofdeparture from the United States within 45 days from the date it

was accepted by the initial transporter;

(2) within 90 days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the cosignee that the hazardous waste was received; and

(3) the waste is returned to the United States, (t) 

### Annual reports. (l) Primary exporters ofhazardous waste must file with the administrator and the department no laterthan March 1st ofeach year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendaryear. Such reports must include the following: (i) the EPA identification number, name, and mailing and site address ofthe exporter; (ii) the calendar yearcovered by the report; (iii) the name and site address ofeach cosignee; (iv) by cosignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number (5) (from section 371.3 andJor 371.4 ofthis Title), DOT hazard class, the name and U.S. EPA LD, number (where applicable) for each transporter used, the total amount of waste shipped and number of shipments pursuant to each notification;

(v) except for hazardous waste produced by exporters ofgreaterthan 100kilograms but less than 1,000 kilograms in a calendar month, unless provided pursuant to section 372.2(c) ofthis Part: (a) 

### a description of the efforts undertaken during the year to reduce the volume and toxicity ofwaste generated; and (b) 

### a description ofthe changes in volume and toxicity of waste actually achieved during the yearincomparison to previous years to the extentsuch information is available for years priorto 1984; (vi) acertification signedby

### theprimaryexporterwhich states: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this

6120 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### § 

### 372.5

and all attached documents, and that based on my inquiry ofthose individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false informationincluding the possibility offine and imprisonment. (2) Annual reports submitted by mail should be sent to the following mailing addresses: Office ofEnforcement and Compliance Assurance, Office ofCompliance, EnforcementPlanning, Targeting, andData Division (2222A), Environmental Protection Agency, 401 M St. SW, Washington, DC 20460 and to the Regulatory Development Section, NYSDEC, 625 Broadway. Albany, NY 12233. Hand-delivered reports should be sent to: Office ofEnforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th St. and PennsylvaniaAve. NW,Washington, DC, andmailedto the Regulatory Development Section atthe above address. (g) Recordkeeping. (1) For all exports a primary exporter must: (i) keep acopy ofeach notification ofintent to export for a period ofat leastthree years from the date the hazardous waste was accepted by the initial transporter;

(ii) keep a copy ofeach EPA acknowledgment ofconsent for a period ofat least three years from the date the hazardous waste was accepted by the initial transporter;

(iii) keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and

(iv) keep a copy ofeach annual report for a period ofat least three years from the due date ofthe report. (2) The periods ofretention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the administrator orthe commissioner.

except "State-only waste," subject to manifest requirements of this Part, or subject t e universal waste management standards ofSubpart 374-3 ofthis Tille, to or from d goated membercountries ofthe Organization forEconomic Cooperation andDevelopme ECD) as defined in subparagraph (i) of this paragraph 

### fot purposes of recovery i ubject to the requirements of this section as follows: subdivision (c) does not apply,- ovided however, notification that must be sent to EPA pursuant to 40 CFR section 262. must also be sent to the State pursuant to paragraph (c)(2) ofthis section: paragraphs 1), (2), (3), (5), and (9) apply; subdivision (e) applies; subdivision (f) does not apply. pr oed howeverthatthe annual report that must be sent to EPA pursuant to 40 CFR section .87(a) must also be sent to the State pursuant to paragraph (f)(2); subdivision (j) applies' d subparagraphs (k)(l)(ii) through (v) apply. (i) For the purposes of this Part, the desi ated OECD countries consist ofAustralia. Austria, Belgium, Denmark, Finland, Fr ce, Germany, Greece, Iceland, Ireland, Italy, Japan. Luxembourg. Netherlands. New aland, Norway. Portugal, Spain, Sweden. Switzerland. Turkey, United Kingdom, an e United States.

(ii) For the purposes oft' art, Canada and Mexico are considered OECD member countries only forthe purp oftransit. (2) Any person wh xports hazardous waste to or imports hazardous waste from: a designated OECD m er country for purposes other than recovery (e.g., incineration, disposal), Mexico (for y purpose), or Canada (for any purpose) remains subject to the requirements ofthis s ion.

07-15-2006 For purposes ofreference only: Federal regulations found at 40 CFR 262 subpart H also govern transfrontier shipments ofhazardous waste for recovery within the OEeD:

6121 Conservation

### § 

### 372.5 TITLE 6 ENVIRONMENTAL CONSERVATION


### U) Imports ofhazardous waste, (1) 

### Any person who imports hazardous waste from a foreign country into the United States must comply with the requirements ofthis Part and the special requirements ofthis subdivision.

(2) When importing hazardous waste, a person must meet all the requirements ofsection 372.2(b) of

### this Part for the manifest except that: (1) 

### in place ofthe generator's name, address and EPA identification number, the name and address ofthe foreign generator and the importer's name. address and EPA identification number must be used; and

(ii) 

### in place ofthe generator's signature on the certification statement. the U.S importer

or the importer's agent must sign and date the certification and obtain the signature ofthe initial transporter. (3) A person who imports hazardous waste may obtain the manifest form from any source that is registered with the EPA as a supplier of manifests 

### (e.g., states. waste handlers, and/or commercial fOnTIS printers).

(4) In the international shipments block. the importer mustcheckthe import box and enter the point ofentry (city and state) into the United States.

(5) Theimporter mustprovide the transporter with an additional copy ofthe manifest to be 

### submitted by the receiving facility to the EPA in accordance with sections 373-2.5(b)(1)(i)(c) 

### and 373-3.5(b)(l)(i)(c) ofthis Title. (k) 

### Special transporterrequirements. (I) Atransportertransporting hazardous wastes out ofthe United States must: (i) ensure that the manifest and a copy ofthe EPA acknowledgment ofconsent accompanies the hazardous waste;

(ii) indicate on the manifest the date the hazardous waste left the United States; (iii) sign the manifest and retain one copy in accordance with section 372.3(b) ofthis 

### Part;

(iv) return a signed copy of the manifest to the generator and the generation state as indicated on the instructions with the manifest;

(v) give acopy ofthe manifest to a U.S, Customs official at the point ofdeparture from the United States; and

(vi) not accept such waste from a primary exporter or other person:

(a) 

### ifthe transporter knows the Shipment does not confonn to the EPA acknowledgment ofconsent; and

(b) 

### unless, in addition to a manifest signed in accordance with the provisions of section 372.2(b) ofthis Part. such waste is also accompanied by 

### an EPA acknOWledgment ofconsent which, exceptfor shipment by rail, is attachedto the manifestorshipping paper for exports by water (bulk shipment).

Historical Note Sec. filed May 14, 1985; amd.filed May 2,1986; repealed. new filed Oct 26,1988; arnds. filed: Dec. 2. 1991; Nov. IS. 1994: Sept. 29, 1998; Nov. 4. 1999; June 19,2001; Jan. 14, 2002; July 7. 2006 eff. Sept. 5. 2006. Amended (d)(3)-(5). 0)(3). 

### § 372.6 Interstate shipments.

(a) 

### Applicability. The provisions ofthis section apply to hazardous waste shipments either originating in or terminating in New York State. The provisions ofthis section govern when in conflict with the provisions ofthis Part. Any nonconflicting provisions of this Part continue to apply to any person subject to this section.

(b) 

### Special generator requirements. (1) 

### A generator located in New York State who. ships. or offers for shipment,**wa~tes** 

### to a facility outside ofNew York State must manifest the waste in accordance withthis Part

### ifitis hazardous eitherunderNew York State law, underthe

6122 Conservation 07-15-2006CHAPTER IV QUALITY SERVICES 

### §372.7

law ofthe statein which the facility is located, orunderEPAregulation ifthere isno applicable state law. The generatormustascertainthat the designated facility iscapable ofdisposing ofthe hazardous waste in accordance with the laws, rules and regulations ofthat state and/orEPA.

(2) An out-of-state generator who ships, or offers for shipment. wastes destined for a facility inNew York State must manifest the waste in accordance with this Partifthe wasleis hazardous under either New York State law or the law ofthe state in which it was generated. The generator must ascertain that the designated facility is capable ofdisposing ofthe hazardous**wa~te** in accordance with the laws, rules and regulations ofNew York State.

Historical Note Sec. filed May 14, 1985 efr. 60 days after filing. 

### § 

### 372.7 Shipments by rail or water (bulk).

(a) Applicability. The provisions ofthis section shall apply to hazardous waste shipments transported in whole orin partbyrail orwater (bulk). The provisions ofthis section govern when in conflict with any other provisions of this Part. Any nonconflicting provisions of this Part continue to apply to any person subjectto this section.

(b) Special generator requirements. (1) For shipments of hazardous waste solely by water (bulk), the generator mustmail the manifest, with all generator-requiredinformation and certifications completed and with thecertifications ofthe initial transporter, to the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies ofthe manifest are not required for each transporter.

(2) For rail shipments ofhazardous waste which originate at the site of generation, the generator must send the manifest dated and signedin accordance with this section to: (i) the next nonrail transporter, ifany; (ii) the designated faciJityiftransported solelyby rail; or (iii) the lastrail transporter to handle the wastein the United States ifexported by rail. (3) For shipments ofhazardous waste involving arail orwater (bulk shipment) transporter whois notthe initialtransporter, the generatormustcomplete the manifestandcomply with all related requirements as set forth in section 372.2(b) ofthis Part. (c) Special transporterrequirements. (1) Forwater (bulk shipment) transporters: (i) For shipments ofhazardous waste solely by water (bulk), the transporter:

(a) is not required to carry a manifest pursuant to section 372.3(b) ofthis Part; (b) must carry a shipping papercontaining the following information:

(1) the generator's name, mailing address and telephone number; (2) the name 

### ofthe transporter; (3) the name and address ofthe designated facility; (4) the description ofthe waste(s) required by regulations ofthe U.S. Department ofTransportationin49CFR 172.101,172.202and 172.203 (see section 370.1[e] ofthis Title); and

(5) the total quantity ofeach hazardous wasteby units ofweightorvolume, and the type and numberofcontainers as loaded into or onto the transport vehicle;

Note: The certifications otherwise required on the manifest fonn are not required for the use ofashipping document pursuant 10this section. (c) must obtain the date of delivery and handwritten signature of the owner or operator ofthe designated facility on the shipping document; and

(d) must retain a copy of the shipping document in accordance with section 372.3(c)(2) ofthis Part. (ii) 

### [Reaer, 

### aMi

07·15-2006 6123 Conservation

### § 372.7 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) 

### For shipment ofhazardous waste involving a water (bulk) transporter as a transporter other than an initial transporter: (a) the transporter delivering the shipment to the water (bulk) transporter must carry the manifestdocumentfrom the site ofgeneration to the delivery location and mustobtain 

### the date of delivery and signature of the water (bulk) transporter on the manifest, and forward the appropriate copies ofthe manifest to the designated facility;

(b) the water (bUlk) transporter must:

(1) carry a shipping document as set forth in subparagraph (i) ofthis paragraph in 

### place ofthe manifest; (2) deliverbywater(bulk shipment) to the designatedfacility and obtain the date of 

### delivery andhandwritten signatureofthe owneroroperatorofthe designated facility on the shipping document; and

(3) 

### retain a copy ofthe shipping paper in accordance with section 372.3(c)(2) of this Part. (2) 

### For shipments involving rail transportation:

(i) 

### When accepting hazardous waste from a nourail transporter, the initial rail**trans~** 

### porter must: (a) 

### sign and date the manifest acknowledging acceptance ofthe hazardous waste; (b) 

### return a signed copy ofthe manifest to the nomail transporter; (c) 

### forward the manifest to:

(1) 

### the next nonrail transporter, ifany; (2) 

### the designated facility, ifthe shipment is delivered to that facility by rail; or (3) 

### the last rail transporter designated to handle the waste in the United States; (d) 

### retain one copy ofthe manifest and rail 

### shipping paperin accordance with section 372.3(c)(2) ofthis Part. (ii) 

### Rail transporters must ensure that a shipping paper containing all the information requiredby clause (1 )(i)(b)

### ofthis subdivision accompanies thehazardous waste atall times.

Note: Intermediate rail transporters are not required to sign either the manifest or shipping paper. (iii) 

### When delivering hazardous waste to the designated facility, a rail transporter must:

(a) 

### obtain the date ofdelivery and handwritten signature ofthe owner or operator of the designated facility on the manifest orthe shipping paper (ifthe manifest has not been received by the facility); and

(b) 

### retain a copy ofthe manifest or signed shipping paper in accordance with section 372.3(c)(2) ofthis Part. (iv) When delivering hazardous waste to a nonrail transporterarail transporter must:

(a) 

### obtain the date of delivery and the handwritten signature of the next nonrail transporter on the manifest; and

(b) 

### retain a copy ofthe manifest in accordance with section 372.3(c)(2) ofthis Part. (v) Before accepting hazardous waste from a rail transporter, a nonrail transporter must sign and date the manifest and provide a copy to the rail transporter. (3) In the case of exports an EPA acknowledgment of consent must accompany the hazardous waste at all times. (d) 

### Special treatment, storage or disposalfacility requirements. Any facility receiving a shipment ofhazardous waste that is not accompanied by 

### a manifest because ofany proVision of this section must: (1) 

### determine whether they have received 

### a manifest document for the shipment prior to delivery;

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### § 372.7

(2) determine significant discrepancies, as defined in section 373-2.5(b)(l)(i)(d) 

### or 373-3.5(b)(l)(i)(d) of 

### this Title. between the shipment and the manifest and/or the shipping document;

(3) upon receipt of the manifest. complete it 

### with the required facility information and certification, and keep one copy ofthe manifest, as specified on the manifest forms, mail one copy ofthe manifest fonn to the generator and the generator state and mail onc copy ofthe manifest fonn to the destination state (if 

### different from the generator state), making legible photocopies as necessary, postmarked within 30calendardays ofreceipt ofshipment. Mail the 

### department copy to: New York State Department ofEnvironmental Conservation, Division of Solid & 

### Hazardous Materials, Manifest Section, 625 Broadway, Albany, NY 12233-7252. Facilities do notneed to distributemanifestcopies to states otherthan New York, ifthose states do not require such a copy be submitted to them:

(4) if a manifest for the shipment is not received within 15 days from receipt of the shipment, send a copy ofthe signed and dated copy ofthe slUpping paper to the generator and submit an unmanifested waste report as set forth in section 373-2.5{b)(3) ofthis Title to the department; and

(5) comply with testing procedures set forth in section 372A(b)(2) ofthis Part, and submit

a manifest discrepancy report where required.

Historical Note Sec. filed May 14, 1985; amds. filed: Oct. 26.1988; Nov. 15.1994; Nov_ 4,1999; Jan. 14, 2002; Feb. 10,2004; July 7, 2006 eff. Sept. 5, 2006. Amended (d)(2)-(4).

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