CHAPTER IV QUALITY SERVICES § 372.1

PART 372

HAZARDOUS WASTE MANIFEST 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 of hazardous 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 after filing.

§ 372.1 General.

(a) Purpose cmd scope. The purpose of these regulations is to establish standards for

generators and transporters of hazardous waste and standards for generators, transporters. and

treatment. storage or disposal facilities relating to the use of the manifest system and its record·

keeping requirements. The manifest document shall accompany aJl shipments of hazardous waste

while in transit, unless specifically exempted under this Part. The manifest document will serve as

a multipurpose instrument to be used as a tracking, auditing and enforcement device.

(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 subject to the following requirements ofsection 372.3 of this Part: subdivisions (a)(3), (5)-

. (7), (b) and (d)(1)-(2).

(2) Section 371.1(f)(3) and (4) of this Title must be used to determine the applicability of

provisions of this Part that are dependent on calculations of the quantity of hazardous waste

generated per month.

(3) With regard to explosives or munitions:

(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 of this Part.

(ii) The regulations in this Part do not apply to transportation during an explosives or

munitions emergency response, conducted in accordance with section 373-1.I(d)(1 )(xiii)(d)

and (a)(4) of this Title.

(iii) Section 374-1.13(d) of this Title identifies how the requirements of this Part apply

to military munitions classified as a soUd waste under section 374-1. 13(c) of this Title.

(c) Severability. If any provision or application of this Part is held invalid to any person or

circumstance, the remainder of this Part and the application of such provisions other than 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

of this Title.

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

'(See section 371.1[t] of this Title for special requirements for hazardous waste generated bycondilionally exempt small

quantity generntors.)

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§ 372.1 TITLE 6 ENVIRONMENTAL CONSERVAnON

fi!1 [Ri!!8i!! 'EI~l 'f*

(3) Exemption for fanners, A fanner disposing of waste pesticides which are hazardous

wastes, including containers and inner liners, from his or her own use is exempted from any

requirements of this Part for those wastes, provided that the following steps are taken:

(i) the container or inner liner has been triple-rinsed using a solvent capable ofremoving

the pesticide. The triple-rinse procedure defined in section 325, l(b) of this Title shall be

used;

(ii) in the case of a container with an inner liner, the inner liner that prevented contact of

the pesticide with the container has been removed;

(iii) the pesticide residues are disposed of on his or her own farm in a manner consistent

with section 325A(d) ofthis Title or in a manner consistent with 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 authorized under Subpart 373-4 ofthis Title; and the fanner is a conditionally exempt small quantity generator as defined in section 373.1(f)(1) of this Title,

(4) Exemption for publicly owned treatment works (POTW's), (i) Any POTW qualifying for an exemption under Part 373 of this Title must comply 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

subject to the generator requirements ofsection 372.2 of this Part.

(5) Samples collected for testing are exempt from all requirements ofthis Part as provided

in section 37I.1(e)(4) of this Title.

(6) Residues of hazardous waste in empty containers. Residues of hazardous waste in

empty containers as specified in section 371.1(h) of this Title are exempt from all requirements

of this Part.

(7) Hazardous wastes which are exempt from certain regulation. (i) A hazardous

waste, which is generated in a product or raw material storage tank, a product or raw material

transport vehicle or vessel, a product or raw material pipeline. or in 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, or unless the hazardous waste remains in the unit more than 90 days after the

unit ceases to be operated for manufacturing, or for storage or transportation of product 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 if the 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 .

prior to treatment or disposal.

(ii) A public utility-owned coil . n facility which receives hazardous waste as described, and in the manner de ed in subparagraph (i) of this paragraph. shall be considered the generator of s waste and shall be subject to all of the requirements of this Part

which are applic to a generator of hazardous waste.

(f) Enfo ent. Any person who violates any provision ofthis Part or who fails to perform

any d mposed under this Part is liable for civil, administrative and criminal penalties set forth . . . . ..

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

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CHAPTER IV QUALITY SERVICES §372.2

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(g) Safeguarding trade secrets. Trade secrets are protected in accordance with the requirements in section 616.7 of this Title and as provided for in section 370.1 (b) of this Title.

(h) Other regulations. Compliance with this Part does not relieve any person from the

obligation of complying with any other applicable Part of this Title, including Parts 373 and 364.

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 after filing. Amended (e)(8).

§ 372.2 Standards applicable to generators of hazardous waste.

The following requirements are applicable to generators of hazardous waste unless specifically

exempted or modified elsewhere in this Part.

(a) General requirements. 0) Within 90 days after promulgation or revision of Part 371

of this Title, any person generating wastes not previously regulated as hazardous waste must

file with the commissioner a notification stating location and general description of the activity

responsible for the generation of the waste and the hazardous wastes handled by such person.

No hazardous waste subject to the regulations in this Title may be transported, treated, stored or

disposed of unless the department has been notified ofthese activities as required in this section

or as required under Part 373 of this Title before the effective date of this Part.

(2) Hazardous waste determination. A person who generates a solid waste must determine

if that waste is a hazardous waste using the following method:

(i) First determine if the waste is excluded from regulation under section 371.1 (e),

exclusions, of this Title.

(ii) Then determine if the waste is listed as a hazardous waste in section 371.4 of this

Title.

Note: Even if the waste is listed. the generator still has an opportunity under

section 370.3(c) of this Title to demonstrate that the waste from his

particular facility or operation is not a hazardous waste.

(iii) For purposes of compliance with Part 376 ofthis Title or if the waste is not listed ll1>

a hazardous waste in section 371.4 of this Title, the generator must then determine whether

the waste is identified in 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 under section 370.3(b) of this Title;

or

(b) applying knowledge of the hazard characteristic of the waste in light of the

materials or the processes used;

(iv) if the 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 generator must not treat, store, dispose of. transport or offer for transportation, hazardous waste withoUl having received an EPA identification number as defined in section 370.2(b) of this Title.

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

or disposal facilities that have not received an EPA identification number.

(4) Packaging. Before transporting hazardous waste or offering waste for transportation

offsite, a generator must package the waste in accordance with the applicable U.S. Department

of Transportation regUlations on packaging set forth in 49 CFR parts 173. 178 and 179 (see

section 370.I[e] of this Title).

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§ 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] of this 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 of Transportation regulations (49 CFR part 172) (see section 370.1 [e] of this Title).

(ii) Before transporting hazardous waste or offering hazardous waste for transportation

offsite, a generator must mark each container of 119 gallons or less 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] of this Title):

HAZARDOUS WASTE- Federal Law prohibits Improper Disposal. If found. contact the

nearest police or public safety authority or the U.S. Environmental Protection Agency.

Generator's Name and Address

Generator's EPA Identification Number

Manifest Tracking Number

(iii) The marking required in this paragraph:

(a) must be durable, in English, and printed on or affixed to the surface of a package

or on a label, tag or sign;

(b) must be displayed on a background of sharply 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 or offering hazardous waste for transportation offsite, a generator must placard or offer the initial transporter the appropriate

placards according to U.S. Department of Transportation regulations for hazardous materials

(49 CFR part 172. subpart F) (see section 370.1[e] of this Title).

(8) Accumulation time.

(i) (a) A generator may accumulate up to 55 gallons of hazardous 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 of generation where wastes initially accumulate, which is

under the control of the operator of the process generating the waste, without a permit or

interim status and without complying with subparagraph (ii) of this paragraph, provided

the generator:

(1) complies with section 373-3.9(b)-(d) of this Title; and

(2) marks the containers with the words "hazardous waste" and with other words

that identify the contents of the containers.

(b) A generator who accumulates either hazardous waste or acutely hazardous waste

listed in section 371.4(b), (c) and (d)(5) in excess of the 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) of this paragraph or other

applicable provisions of this Title. During the three~day period, the generator must

continue to comply with subparagraph (i) of this paragraph. The generator must mark the

container holding the excess accumulation of hazardous waste with the date the excess

amount began accumulating.

(ii) Except as provided in subparagraphs (iiO, (Iv) and (v) of this paragraph. a generator

may accumulate hazardous waste onsite of generation for a period of 90 days or less under

the provisions of section 373~ l.l(d)(l )(iii). (iv), (xix) and (xx) of this Title. The date upon

which each period of accumulation begins must be clearly marked and visible for inspection

on all containers. tanks or storage areas.

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CHAPTER 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

of hazardous 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 of waste accumulated onsile never exceeds 6.000 kilograms;

(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 of section 373-3.100) of this Title;

(d) the generator complies with the requirements of sections 373-1.1(d)(I )(iii)(c)(2)-

(3),373-3.3, and 376.1(g)(I)(v) of this Title; and

(e) the generator complies with the following requirements:

(1) at all times there must be at least one employee either on the premises or on call

(i.e., available to respond to an emergency by reaching the facility within a short period

of time) with the responsibility for coordinating all emergency response measures

specified in subclause (4) of this 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 of the emergency coordinator;

(ii) location of fire extinguishers and spill-control material, and if present. fire

alarm; and

(iii) the telephone number of the 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 of a 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 of a fire, explosion or other release 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 of the generator;

(B) date, time and type of incident (e.g., spill or fire);

(C) quantity and type of hazardous waste involved in the incident;

(D) extent of injuries, if any; and

(E) estimated quantity and disposition of recovered materials, if any;

(j) small quantity generators storing liquid hazardous wastes over sole source aquifers

may also be subject to section 373-1.1 (d)(I )(iv)(g) of this Title;

(iv) a generator who generates more than 100 kilograms but less than 1.000 kilograms of

hazardous waste in a calendar month who must transport this waste, or offer the waste for

transportation, over a distance of 200 miles or more for offsite treatment, storage or disposal

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 of subparagraph (iii) of this paragraph;

(v) a generator who generates greater than 100 kilograms but less than 1,000 kilograms

of hazardous 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 if they must transport their waste. or offer their waste for transportation,

over a distance of 200 miles or more) is an operator of a storage facility and is subject to the

requirements of Part 373 of this Title unless the generator has been granted an extension of

these time limits. An extension may be granted by the department if hazardous wastes must

remain on-site for longer periods due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on

a case-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 of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling;

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

(c) no more than 20,000 kilograms of FOG6 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 of this 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) of this Title; and/or

(iii) in containment buildings and the generator complies with section 373-3.30

of this Title. and has placed its professional engineer certification that the building

complies with the design standards specified in section 373-3.30(b) of this Title in

the facility's operating record prior to operation of the unit. The owner or operation

must maintain the following records at the facility:

(A) a written description of procedures to ensure that the F006 waste remains

in the unit for no more than 180 days, a written description of the waste generation

and management practices for the facility showing that they are consistent with the

180-day limit, and documentation that the generator is 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 of this Title. except for section 373-3.7(b) and (e) of this Title;

(3) the date upon which each period of accumulation 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) of this 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 07-15-2005
CHAPTER 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 a distance of 200 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 of clauses (vi)(a) through (d) of this paragraph;

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

this paragraph who accumulates FOO6 waste on-site for more than 180 days (or for more than

270 days if the generator must transport this waste, or offer this waste for transportation, over

a distance of 200 miles or more). or who accumulates more than 20,000 kilograms of F006

waste on-site is an operator of a storage facility and is subject to the requirements of Subparts

373-2 and 373-3 of this Title and the permit requirements of SUbpart 373-1 of this Title

unless the generator has been granted an extension to the 180-day (or 270-day. if applicable)

period or an exception to the 20.0oo-kilogram accumulation limit. Such extensions and

exceptions may be granted by the department if F006 waste must remain on-site for longer

than 180 days (or 270 days, if applicable) or if more than 20,000 kilograms of FOO6 waste

must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An

extension of up to 30 days or an exception to the accumulation limit may be granted at the

discretion of the department on a case-by-case basis;

(ix) a generator who sends a shipment of hazardous 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) of this paragraph

or subparagraphs (iii), (iv) and (v) of this paragraph. depending on the amount of hazardous

waste generated, stored or accumulated on-site in that calendar month. Upon receipt of the

returned shipment, the generator must:

(a) sign for receipt of the shipment by:

(1) signing item 18(c) of the manifest, if the transporter returned the shipment

using the original manifest; or

(2) signing item 20 of the manifest. if the transporter returned the shipment using a

new manifest; and

(b) retain one copy of the manifest form and mail one copy ofthe manifest form to the

generator/offeror state and mail one copy of the manifest form to the destination state (if

different from the generator/offeror state), making legible photocopies as necessary.

postmarked within 10 calendar days of shipment date. Mail the department copy to: New

York State Department of Environmental Conservation. Division of Solid & Hazardous

Materials, Manifest Section, 625 Broadway. Albany, NY 12233-7252. Manifest copies do

not need to be distributed to states other than New York, if those states do not require 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 if necessary. EPA form 8700-22A. according to the manifest instructions induded in Appendix 30 of this 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

generator must assure that the 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 of hazardous waste off the 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

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§ 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 or disposal facility that it is authorized to handle the particular hazardous

waste described on the manifest;

(ii) for each hazardous waste listed in item 9 of the manifest, confirm with the designated facility what the ultimate disposal method will be for that waste. If the 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 of the manifest to designate the ultimate disposal method of the hazardous

waste using one of the following State codes:

L = Landfill

B;. Incineration, heat recovery, burning

T;. Chemical. physical. or biological treatment

R Material recovery of more than 75 percent of the 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 of the 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 of the initial transporter and date of acceptance on

the manifest; and

(iii) retain one copy of the manifest in accordance with subparagraph (c)(1)(i) of this

section, and mail only copy of the 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 of Environmental 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, if those states do not require such a copy be submitted to them. The generator must

give the transporter the remaining copies of the 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 generator requirements of section 372.5 of this Part.

(ii) Generators who offer hazardous waste for shipment to a destination outside New

York State must comply with the generator requirements of section 372.6 of this Part.

(iii) Generators who employ one or more rail or water (bulk) transporters to ship their

hazardous waste must comply with the generator requirements of section 372.7 of this Part.

(5) No generator may:

(i) offer a shipment of hazardous waste for transport off-site without an accompanying

manifest;

6112.4 Conservation 07·15-2006
CHAPTER 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 of Part 364 of

(iii) offer for shipment or ship a hazardous waste to other than an authorized facility.

(6) Use of a New York State or EPA hazardous waste code on a manifest constitutes a

detennination by the generator that the solid waste is a hazardous waste in New York.

(7) The requirements of this section (manifest requirements) do not apply to hazardous

waste produced by generators of greater than 100 kilograms but less than 1,000 kilograms per

calendar month where:

(i) the waste is reclaimed under a contractual agreement pursuant to which:

(a) the type of waste and frequency of shipments are specified in the agreement;

(b) the vehicle used to transport the waste to the recycling facility and to deliver

regenerated material back to the generator is owned and operated by the reclaimer;

(c) the reclaimer complies with any applicable Part 364 waste hauler permit requirements; and

(ii) the generator records the following infonnation for each shipment:

(a) the hazardous waste code and quantity of waste shipped; and

(b) the date the waste is shipped; and

(iii) the generator maintains a copy of the reclamation agreement on file for a period of

at least three years after termin,ation or expiration ofthe agreement.

(8) The requirements ofthis section and subparagraph (a)(6)(ii) ofthis section do not apply

to the transport of hazardous wastes on a public or private right-of-way within or along the

border of contiguous property under the control of the same person, even if such 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) of this Part in the

event of a discharge of hazardous waste on a public or private right-of-way.

262.21, manifest tracking numbers, manifest printin es s, as published in

the 70 FR ]0775, et se - er, . arch 4,2005, is incorporated by reference as if

(10) Waste minimization certitication. A generator who initiates a shipment of hazardous

waste must certify to one ofthe following statements in item ]5 ofthe uniform hazardous waste

manifest:

(i) "I am a large quantity generator. I have a program in place to reduce the volume and

toxicity of waste 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] of this 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 statement can also be found at 40 CPR 262.27(b), as incorporated by

reference (see section 370.1[e} of this Title).

(c) Reporting and recordkeeping requirements. (l) Recordkeeping.

(i) A generator must keep a copy of each complete manifest document as a record for at

least three years from the date the waste was accepted by the initial transporter.

07-15-2006 6112.4a Conservation
CHAPTER IV QUALITY SERVICES § 372.2

(ij) A generator must keep a copy of each annual report (paragraph [2] of this subdivi~

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

date of the repoft.

(iii) A generator must keep records of any test results, waste analyses or other detenni~

nations made in accordance with paragraph (a)(2) of this section for at least three years from

the date that the waste was last sent to ansite or off-site treatment, storage or disposal.

(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. employee or representative of the 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 or as 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 of the generator:

(b) the calendar year 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

of this Title), DOT hazardous class, and quantity of each 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 of each such offsite facility to

which waste was shipped;

(j) a description of the efforts undertaken during the year to reduce the volume and

toxicity of waste generated;

(g) a description of the changes in volume and toxicity of waste actually achieved

during the year in comparison 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 of section 373~2.5(e)

of this Title. Reporting for experts of hazardous waste is not required on the annual report

form. A separate annual report requirement is set forth in section 372.5(0 of this 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 of the manifest with the

handwritten signature of the owner or operator of the designated facility within 35 days of the

date ofshipment, must immediately contact the transporter and/or disposal 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 of the manifest, an exception report must be submitted to the department and. in the case of interstate 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 which do not have EPA-approved hazardous waste programs. notification must be sent to

EPA. The exception report must include:

(i) a legible copy of the manifest for which the generator does 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 of those efforts.

(4) Additional reporting. The commissioner may require generators to furnish additional

reports concerning the quantities and disposition of wastes. if necessary.

(d) Project XLfor public utilities in New York State. (1) The following definitions apply

to this subdivision:

(i) A utility is any company that operates wholesale and/or retail oil and gas pipelines, or

any company that provides electric power or telephone service and is 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 of aboveground or underground con~

veyances, inclUding land structures, fixed equipment. and other appurtenances, 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 collection facility (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 (and at the UeCF) for up to 90 days without a permit 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] of this section) for hazardous waste generated

at its remote locations and at the DeCF, including the manifest and pretransport requirements for all shipments greater than 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 staff collecting the hazardous waste leave the remote location, whichever comes

first;

(iii) the utility complies with all applicable requirements for transporters in this Part and

Part 364 ofthis Title for each shipment of hazardous waste greater than 100 kilograms 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) of this section, regardless of the total quantity generated or

consolidated at the UCCF per calendar month;

(b) the utility complies with section 373~2.9(i) of this Title; and

(c) secondary containment is provided for liquid hazardous waste consolidated in

containers if required. pursuant to section 373~ 1.1 (d)( I)(iii) or (iv) of this 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 submitted in lieu of submitting an annual report for each 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 Conservation
CHAPTER 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 of this Pan and Parts 370-371, 373~374 and 376 of this Title;

(vii) the utility maintains records at the UCCF in accordance with all the recordkeeping

requirements set forth in subdivision (c) of this 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 UCCF receives hazardous waste only from a remote location; and

(x) the utility reinvests at least one third of the direct savings described in paragraph (8)

of this subdivision in one or more environmentally beneficial projects, such as remediation

or pollution prevention, 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.

(3) Utilities seeking to have UCCFs designated under paragraph (5) of this 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 of the 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 least two of the methods set forth in clauses (b)-

(g) of this subparagraph. Each utility must also notify by mail all parties who commented on

the proposed Federal or State rule for this XL project:

(0) a public notice in a newspaper of general circulation within the area in which each

proposed UCCF is located;

(b) a radio announcement in each affected community during peak listening hours;

(c) mailings to all citizens within a five-mile radius of proposed 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 of the name and address of the 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 of the web site's address in the newspaper notice;

(iii) all outreach efforts made under subparagraph (ii) of this paragraph shall be prepared

in English (and any other language spoken by a large number of persons in the community of

concern) and at a minimum shall include the following information:

(0) a brief description of the XL project. the intended new use of the facility, and a

request for comments on the proposed UCCF;

(b) the name, if any, and address of the proposed UCCF and its current status under

the New York State's hazardous waste regulatory program;

(c) the intended duration of use of the UCCF under the requirements of this subdivision;

(d) names, addresses. and telephone numbers of contact persons, representing the

utility, to whom questions or comments may be directed; and

(e) notification of when the comment period of no 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 of each notice, announcement or mailing directly to

local governments and to the Department and USEPA; and

07-15-2005 6112,7 Conservation
§372.2 TITLE 6 ENVIRONMENTAL CONSERVATION

(v) at the close ofthe comment period, the utility shall prepare a responsiveness package

containing a summary of public outreach efforts. all comments and questions received as a

result of its 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

participated in the public notice process, local governments and the department and USEPA.

(4) Upon completion of the public notice procedures described in paragraph (3) of this

subdivision, the utility must provide written notice to the Department and USEPA of its intent

to participate. The notice of intent must contain the following information:

(i) the name of the utility, corporate address, and corporate mailing address, if different;

(ii) the name, mailing address, and telephone number of a corporate.leve1 contact person

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 of the names, addresses, and EPA identification numbers of all utility-owned

facilities in New York State that are proposed UCCFs and the names and telephone numbers

of a designated contact person at each facility;

(iv) a summary of public outreach efforts undertaken pursuant to paragraph (3) of this

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 and does 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) of this 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

subdivision upon the receipt of written acknowledgment from the department that the notice

of intent described in paragraph (4) of this 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) of this paragraph. Both the acknowledgment and the response to comments shall be sent

to all persons who commented on the designation of the UCCF(s) that are the subject of the

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) of this 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) of this subdivision.

(iv) If the department determines that a site-specific informational public meeting is

warranted prior to determining the acceptability of a designated 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 07-15-1005
CHAPTER IV QUALITY SERVICES § 372.2

proposed use under the conditions of paragraph (2) of this 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 of its 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) of this subdivision.

OJ) To have one or more additional UCCFs designated, the utility must comply with

paragraph (3) of this subdivision.

(iii) A utility can discontinue use of a 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 of remote locations statewide for which hazardous waste was handled in

accordance with paragraph (2) of this subdivision;

(ii) the total tonnage of each type of hazardous waste handled by each UCCF;

(iii) the number of remote 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 of hazardous waste were collected per calendar 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) of this subdivision;

(vi) descriptions of the environmental compliance, remediation, or pollution prevention

projects or activities into which the savings, described in paragraph (8) of this subdivision,

have been reinvested, with an estimate of the savings reinvested in each. Any such projects

must consist of activities 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 of waste 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 of the requirements of this subdivision, the department may terminate or suspend the

VCCP's or utility's participation. The department will provide a UCCF Of utility with 15 days'

written notice of its 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 not in compliance with the terms of this 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 ENVIRONMENTAL CONSERVAnON

applicable State and Federal requirements. USEPA or the department may also take enforce-

,ment action against a utility for non-compliance with the provisions of this 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 of hazardous waste unless specifically

exempted or modified in this section.

(a) General requirements.

provisions of Part 364 of this Title " , an e permitted under the

(2) Within 90'days after promulgation or revision of Part 371 of this Title, any person

transporting wastes not previously regulated as hazardous waste shall file with the commissioner a notification stating the location and a general description of the transportation activity

and the hazardous waste handled by such person. No hazardous waste subject to the regulation

in this Title may be transported. treated, stored or disposed unless notification has been 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) of this Title.

(4) 128FfMits \B~. H'8BS,sFt@f sf R8i!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 transporter of hazardous wastes must comply with requirements applicable to generators, as set forth in this Part. if the transporter:

(i) transports hazardous waste into the United States form abroad; or

(ii) mixes hazardous wastes of different DOT shipping descriptions by placing them into

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) of this

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 another or containers are removed from transport vehicles prior to being reloaded,

the transfer or storage area must be designed to meet secondary containment requirements in

accordance with section 373-2.9([) of this Title.

requirements of this 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 of recovery 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

additional transporters, if necessary.

6114 Conservation 07-15-2006
CHAPTER 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

shipment is in transit. In the case of exports. the transporter must ensure that a copy of the EPA

acknowledgment of consent also accompanies the hazardous waste.

m f~6L!'g,",'''Q'}

(4) (i) The transporter must deliver the entire quantity of hazardous waste which the

transporter accepted from a generator or a transporter to:

(a) the designated facility listed on the manifest;

(b) the alternate designated facility if the hazardous waste cannot be delivered to the

designated facility because an emergency prevents delivery;

(c) the next designated transporter, as specified on the manifest; or

(d) the place outside the United States designated by the generator.

(ii) If the hazardous waste cannot be delivered in accordance with subparagraph (i) of

this paragraph because of an emergency condition other than rejection of the waste by the

designated facility, then the transporter must contact the generator for further directions and

must revise the manifest according to the generator's instructions.

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

on the facility's premises, then the transporter must obtain the following:

(a) for a partial load rejection or for regulated quantities of container residues, a copy

of the original manifest that includes the facility's date and signature, and the manifest

tracking number of the new manifest that will accompany the shipment, and a description

of the partial rejection or container residue in the discrepancy block· of the original

manifest. The transporter must retain a copy of this manifest in 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 must obtain a new manifest to accompany the shipment, and the

new manifest must include all the information required in section 373-2.5(b)(1)(v)(a)

through (j) or (vi)(a) through (j), or 373-3.5(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 of the

original manifest that includes the rejecting facility's signature and date attesting to the

rejection, the description of the rejection in the discrepancy block of the manifest, and the

name, address, phone number, and identification number for the alternate facility or

generator to whom the shipment must be delivered. The transporter must retain a copy of

the manifest in accordance with subdivision (c) of this section, and give a copy of the

manifest containing this information to the rejecting designated facility. If the original

manifest is not used, then the transporter must obtain a new manifest for the shipment and

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 of delivery and the handwritten signature of the subsequent transporter or of the owner or operator of the designated facility on the manifest; and

\ii) !~6B'8,",ljJ~1

(iii) retain the 'appropriate copy of the manifest in accordance with subdivision (c) of this

section; and

(iv) give the remaining copies of the manifest to the accepting transporter or designated

facility.

(6) Prohibitions. No transporter may:

07-15-2006 6115 Conservation
§ 372.3 TITLE 6 ENVIRONMENTAL CONSERVAnON

(i) (a) accept hazardous waste from a generator unless the transporter is also provided

with a manifest signed in accordance with the requirements of section 372.2{b)(3) of this

Part. ,

(b) In the case of exports of hazardous waste subject to the requirements of section

372.5{h) of this Part, a transporter must meet the requirements of section 372.5(h) of this

Part. In the case of exports other than those subject to section 372.5{h) of this Part. a

transporter may not accept such waste from a primary exporter or other person:

(1) if the transporter knows the shipment does not conform to the EPA acknowledgment of consent: and

(2) unless, in addition to a manifest signed by the generator in accordance with the

provisions of section 372.2(b) ofthis Part, the transporter is also provided with an EPA

acknowledgment of consent which, except for shipment by rail, is attached to the

manifest or (shipping paper for 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) deliver a shipment of hazardous waste to any person other than 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 Qf p31asrapR (rJ)(~) Qf tbig &8SQ9lt

(7) Special conditions. In the following situations, transporter manifest requirements are

modified:

(i) Transporters who transport hazardous waste out of the United States must:

(a) sign and date the manifest in the international shipments block to indicate the date

that the shipment left the United States;

(b) retain one copy in accordance with paragraph (c}(3) of this section;

(c) return a signed copy of the 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 must comply with the transporter requirements in

section 372.7 of this Part

(iii) A transporter transporting hazardous waste from a generator who generates greater

than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month

need not comply with the requirements of this section or those of SUbdivision (c) of this

section provided that:

(a) the waste is being transported pursuant to a reclamation agreement as provided 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 of the generator of the

waste;

(2) the quantity of waste 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 or expiration ofthe agreement.

(c) Recordkeeping requirements. (1) A transporter of hazardous waste must keep a copy

of the manifest signed by the generator, the transporter and the next designated transporter or

6116 Conservation 07-15-2006
CHAPTER IV QUALITY SERVICES § 372.4

the owner or operator of the designated facility. for a period of three 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 of this Part for a period of three years from the date the

hazardous waste was accepted by the initial transporter.

(3) A transporter who transports hazardous waste Out of the United States must keep a

copy of the manifest. indicating that the hazardous waste left the United States, for a period of

three ycars from the date the hazardous waste was accepted by the initial transporter.

(4) [R~5el"\'eeJo

(5) The three-year period ofretention referred to in this subdivision is extended automatically during the course of any unresolved enforcement action regarding the regUlated activity

or as requested by the commissioner.

(d) Hazardous waste discharges. (I) Immediate action.

(i) In the evem of a discharge of hazardous 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) If a discharge of hazardous 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 of the 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. if required by 49 CFR 171.15 (see section 370.1 [e] of this Title), to

the National Response Center (800-424-8802 or 202-426-2675) and the department

(518-457-7362);

(b) report in writing, as required by 49 CFR 171.16 (see section 370.1 [e] of this Title),

to the Director, Office of Hazardous Materials Regulations, Materials Transportation

Bureau, Department of Transportation. Washington, DC 20590; and

(c) in the case of a water (bulk shipment) transporter. who has discharged hazardous

waste, give thc same notice as required by 33 CFR 153.203 (see section 370.1 [e] of this

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 of this Title. as appropriate, for standards applicable to owners and operators of

treatment, storage and disposal facilities fonnerly located in this section.)

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§372.5 TITLE 6 ENVIRONMENTAL CONSERVATION

§ 372.5 International shipments and imports.

(a) Applicability. This section establishes requirements applicable to exports of hazardous

waste. Except to the extent subdivision (h) of this section provides otherwise, a primary exporter

of hazardous waste must comply with the special requirements of this 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 of hazardous waste are prohibited except in compliance

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) of this 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 of the receiving country's written

consent as reflected in the EPA acknowledgment of consent.

(c) Notification a/intent to export. (I) A primary exporter of hazardous waste must notify

EPA and the department of an intended export before such waste is scheduled to leave the

United States. A complete notification should be submitted 60 days before the initial shipment

is intended to be shipped offsite. This notification may cover export activities extending over a

12-month or lesser period. The notification must be 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 of the hazardous waste and the EPA hazardous waste number (from

Part 371 of this 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] of this Title).

(b) the estimated frequency or rate at which such waste is to be exported and the

period of time 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 of entry to and departure from each foreign country through which the

hazardous waste will pass;

(e) a description of the means by which each shipment of the hazardous waste will be

transported (e.g., mode of transportation vehicle [air, highway, rail, water, etc.], type[s] of

container [drums. boxes. tanks, etc.]);

(j) a description of the manner in which the hazardous waste will be treated, stored or

disposed of in the receiving country (e.g., land or ocean incineration. other land disposal,

ocean dumping, recycling);

(g) the name and site address of the cosignee and any alternate cosignee; and

(h) the name of any transit countries through which the hazardous waste will be sent

and a description of the approximate length of time the hazardous waste will remain in

such country and the nature of its handling while there.

(2) Notifications submitted by mail should be sent to the following mailing addresses:

Office of Enforcement and Compliance Assurance. Office of Compliance. Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M Street

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CHAPTER 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 at the above address. In all cases. the follOWing shall be prominently displayed on

the front of the envelope: .,Attention: Notification of Intent to Export."

(3) Except for changes to the telephone number in subparagraph (1 )(i) of this subdivision.

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

of this subdivision when the conditions specified on the original notification change (including

any exceedance of the estimate of the quantity of hazardous 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 of the receiving

country to the changes (except for changes to clause [l][ii][h] and in the ports of entry 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 of consent reflecting the

receiving country's consent to the changes.

(4) Upon request by EPA or the department, a primary 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 of paragraph (1)

of this subdivision. Where a claim of confidentiality is asserted with respect to any notification

information required by paragraph (1) of this subdivision, EPA or the department may find the

notification not complete until any such claim is resolved in accordance with section 370.1(b)

of this Title and 40 CFR 260.2 (see section 370.l[e] of this Title).

(6) Where the receiving country consents to the receipt of the hazardous waste, EPA will

forward an EPA acknowledgment of consent to the primary exporter for purposes of paragraph

(d)(8) of this section. Where the receiving country objects to receipt of the hazardous waste or

withdraws a prior consent. EPA will notify the primary exporter in writing. EPA will also

notify the primary exporter of any responses from transit countries.

(d) Special manifest requirements. A primary exporter must comply with the manifest

requirements of section 372.2(b) of this 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 of the cosignee.

(2) In lieu of the name, site address and EPA LD. number of a permitted alternate facility,

the primary exporter may enter the name and site address of any alternate cosignee.

(3) In the international shipments block. the primary exporter must check the export box

and enter the point of exit (city and state) from the United States.

(4) The following statement must be added to the end of the first sentence of the certification set forth in item 16 of the uniform hazardous waste manifest form: "and conforms to the

terms of the attached EPA acknowledgment of consent."

(5) The primary exporter 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 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] of this Tille) between the manifest and the shipment. A copy of the

manifest signed by such facility may be used to confirm delivery of the hazardous waste.

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§ 372.5 TITLE 6 ENVIRONMENTAL CONSERVATION

(7) In lieu of the requirements of section 372.2(b)(2)(iii) of this Part. where a shipment

. cannot be delivered for any reason to the designated or alternate cosignee, the primary exporter

must:

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

shipment to a new cosignee in accordance with paragraph (c)(3) of this section and obtain an

EPA acknowledgment of consent prior to delivery; or

(ij) instruct the transporter to return the waste to the primary exporter in the United

States or designate another facility within the United States; and

(iii) instruct the transporter to revise the manifest in accordance with the primary

exporter's instructions.

(8) The primary exporter must attach a copy of the EPA acknowledgment of consent to the

shipment to the manifest which must accompany the hazardous waste shipment. For exports by

rail or water (bulk shipment), the primary exporter must provide the transporter with an EPA

acknowledgment of consent which must accompany the hazardous waste but which need not be

attached to the manifest except that for exports by water (bulk shipment) the primary exporter

must attach the copy of the EPA acknowledgment of consent 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) of this 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 of the manifest signed by the transporter

stating the date and place of departure 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 of hazardous waste must file with the administrator and the department no later than March 1st of each year, a report summarizing the types,

quantities, frequency, and ultimate destination of all hazardous waste exported during the

previous calendar year. Such reports must include the following:

(i) the EPA identification number, name, and mailing and site address of the exporter;

(ii) the calendar year covered by the report;

(iii) the name and site address of each 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 of this 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 of greater than 100 kilograms but

less than 1,000 kilograms in a calendar month, unless provided pursuant to section 372.2(c)

of this Part:

(a) a description of the efforts undertaken during the year to reduce the volume and

toxicity of waste generated; and

(b) a description of the changes in volume and toxicity of waste actually achieved

during the year in comparison to previous years to the extent such information is available

for years prior to 1984;

(vi) a certification signed by the primary exporter which states: I certify under penalty of

law that I have personally examined and am familiar with the information submitted in this

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CHAPTER IV QUALITY SERVICES § 372.5

and all attached documents, and that based on my inquiry of those individuals immediately

responsible for obtaining the information, I believe that the submitted information is true,

accurate and complete. I am aware that there are significant penalties for submitting false

information including the possibility of fine and imprisonment.

(2) Annual reports submitted by mail should be sent to the following mailing addresses:

Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data 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 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 at the

above address.

(g) Recordkeeping. (1) For all exports a primary exporter must:

(i) keep a copy of each notification ofintent to export for a period of at least three years

from the date the hazardous waste was accepted by the initial transporter;

(ii) keep a copy of each EPA acknowledgment of consent for a period of at 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 of each annual report for a period of at least three years from the due

date of the 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 or the commissioner.

except "State-only waste," subject to manifest requirements of this Part, or subject t e

universal waste management standards of Subpart 374-3 of this Tille, to or from d goated

member countries ofthe Organization for Economic Cooperation and Developme 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) of this section: paragraphs 1), (2), (3), (5), and (9)

apply; subdivision (e) applies; subdivision (f) does not apply. pr oed however that the 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 of Australia.

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 of t' art, Canada and Mexico are considered OECD member

countries only for the purp of transit.

(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 of this s ion.

07-15-2006

For purposes of reference only: Federal regulations found at 40 CFR

262 subpart H also govern transfrontier shipments of hazardous waste

for recovery within the OEeD:

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§ 372.5 TITLE 6 ENVIRONMENTAL CONSERVATION

U) Imports of hazardous waste, (1) Any person who imports hazardous waste from a

foreign country into the United States must comply with the requirements of this Part and the

special requirements of this subdivision.

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

372.2(b) of this Part for the manifest except that:

(1) in place of the generator's name, address and EPA identification number, the name

and address of the foreign generator and the importer's name. address and EPA identification number must be used; and

(ii) in place of the 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 of the

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 must check the import box and enter

the point of entry (city and state) into the United States.

(5) The importer must provide the transporter with an additional copy of the 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) of this Title.

(k) Special transporter requirements. (I) A transporter transporting hazardous wastes out

of the United States must:

(i) ensure that the manifest and a copy of the EPA acknowledgment of consent 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) of this

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 a copy of the manifest to a U.S, Customs official at the point of departure from

the United States; and

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

(a) if the transporter knows the Shipment does not confonn to the EPA acknowledgment of consent; and

(b) unless, in addition to a manifest signed in accordance with the provisions of

section 372.2(b) of this Part. such waste is also accompanied by an EPA acknOWledgment

of consent which, except for shipment by rail, is attached to the manifest or shipping 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 of this section apply to hazardous waste shipments either

originating in or terminating in New York State. The provisions of this section govern when in

conflict with the provisions of this 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 of New York State must manifest the

waste in accordance with this Part if it is hazardous either under New York State law, under the

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law of the state in which the facility is located, or under EPA regulation ifthere is no applicable

state law. The generator must ascertain that the designated facility is capable of disposing of the

hazardous waste in accordance with the laws, rules and regulations of that state and/or EPA.

(2) An out-of-state generator who ships, or offers for shipment. wastes destined for a

facility in New York State must manifest the waste in accordance with this Part if the wasle is

hazardous under either New York State law or the law of the state in which it was generated.

The generator must ascertain that the designated facility is capable of disposing of the hazardous wa~te in accordance with the laws, rules and regulations of New 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 of this section shall apply to hazardous waste shipments

transported in whole or in part by rail or water (bulk). The provisions of this section govern when

in conflict with any other provisions of this Part. Any nonconflicting provisions of this Part

continue to apply to any person subject to this section.

(b) Special generator requirements. (1) For shipments of hazardous waste solely by

water (bulk), the generator must mail the manifest, with all generator-required information and

certifications completed and with thecertifications of the 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 of the manifest are not required for each transporter.

(2) For rail shipments of hazardous waste which originate at the site of generation, the

generator must send the manifest dated and signed in accordance with this section to:

(i) the next nonrail transporter, if any;

(ii) the designated faciJityiftransported solely by rail; or

(iii) the last rail transporter to handle the waste in the United States if exported by rail.

(3) For shipments of hazardous waste involving a rail or water (bulk shipment) transporter

who is not the initial transporter, the generator must complete the manifest and comply with all

related requirements as set forth in section 372.2(b) of this Part.

(c) Special transporter requirements. (1) For water (bulk shipment) transporters:

(i) For shipments of hazardous waste solely by water (bulk), the transporter:

(a) is not required to carry a manifest pursuant to section 372.3(b) of this Part;

(b) must carry a shipping paper containing the following information:

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

(2) the name of the transporter;

(3) the name and address of the designated facility;

(4) the description of the waste(s) required by regulations of the U.S. Department

ofTransportation in 49 CFR 172.101,172.202 and 172.203 (see section 370.1[e] ofthis

Title); and

(5) the total quantity of each hazardous waste by units of weight or volume, and the

type and number of containers as loaded into or onto the transport vehicle;

Note: The certifications otherwise required on the manifest fonn are not

required for the use of a shipping document pursuant 10 this 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) of this Part.

(ii) [Reaer, aMi

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§ 372.7 TITLE 6 ENVIRONMENTAL CONSERVATION

(iii) For shipment of hazardous 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 manifest document from the site of generation to the delivery location and must obtain

the date of delivery and signature of the water (bulk) transporter on the manifest, and

forward the appropriate copies of the manifest to the designated facility;

(b) the water (bUlk) transporter must:

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

place of the manifest;

(2) deliver by water (bulk shipment) to the designated facility and obtain the date of

delivery and handwritten signature of the owner or operator ofthe designated facility on

the shipping document; and

(3) retain a copy of the 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 of the hazardous waste;

(b) return a signed copy of the manifest to the nomail transporter;

(c) forward the manifest to:

(1) the next nonrail transporter, if any;

(2) the designated facility, if the 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 of the manifest and rail shipping paper in accordance with section

372.3(c)(2) of this Part.

(ii) Rail transporters must ensure that a shipping paper containing all the information

required by clause (1 )(i)(b) ofthis subdivision accompanies the hazardous waste at all 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 of delivery and handwritten signature of the owner or operator of

the designated facility on the manifest or the shipping paper (if the manifest has not been

received by the facility); and

(b) retain a copy of the manifest or signed shipping paper in accordance with section

372.3(c)(2) of this Part.

(iv) When delivering hazardous waste to a nonrail transporter a rail 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 of the manifest in accordance with section 372.3(c)(2) of this 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 disposal facility requirements. Any facility receiving a

shipment of hazardous waste that is not accompanied by a manifest because of any proVision of

this section must:

(1) determine whether they have received a manifest document for the shipment prior to

delivery;

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(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 of the manifest, as specified on the manifest forms, mail one

copy of the manifest fonn to the generator and the generator state and mail onc copy of the

manifest fonn to the destination state (if different from the generator state), making legible

photocopies as necessary, postmarked within 30 calendar days of receipt ofshipment. Mail the

department copy to: New York State Department of Environmental Conservation, Division of

Solid & Hazardous Materials, Manifest Section, 625 Broadway, Albany, NY 12233-7252.

Facilities do not need to distribute manifest copies to states other than New York, if those 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 of the signed and dated copy of the slUpping paper to the generator and

submit an unmanifested waste report as set forth in section 373-2.5{b)(3) of this Title to the

department; and

(5) comply with testing procedures set forth in section 372A(b)(2) of this 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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