New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 376 - LAND DISPOSAL RESTRICTIONS › Section 376.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose, scope and applicability.
(1) This Part identifies hazardous wastes that
				  are restricted from land disposal and defines those limited circumstances under
				  which an otherwise prohibited waste may be land disposed.
(2) Except as specifically provided otherwise
				  in this Part or Part 371 of this Title, the requirements of this Part apply to
				  persons who generate or transport hazardous waste and owners and operators of
				  hazardous waste treatment, storage, and disposal facilities.
(3) Restricted wastes may continue to be land
				  disposed as follows:
(i) where persons have
				  been granted an extension to the effective date of a prohibition under section
				  376.3 
				  of this Part or pursuant to
				  40 CFR
				  section 268.5 and subdivision (e) of this
				  section with respect to those wastes covered by the extension;
(ii) where persons have been granted an
				  exemption from a prohibition pursuant to a petition under
				  40
				  CFR section 268.6 and subdivision (f) of this
				  section with respect to those wastes and units covered by the petition;
(iii) wastes that are hazardous only because
				  they exhibit a hazardous characteristic, and which are otherwise prohibited under
				  this Part,  40 CFR part 148, or titles 7 and 8 of article 17 of the ECL, are not
				  prohibited if the wastes:
(a) are disposed into
				  a nonhazardous or hazardous injection well as defined under
				  40 CFR
				  144.6(a) and regulated under
				  ECL titles 7 and 8; and
(b) do not
				  exhibit any prohibited characteristic of hazardous waste identified in section
				  371.3 
				  of this Title at the point of injection;
(iv) wastes that are hazardous only because
				  they exhibit a hazardous characteristic, and which are otherwise prohibited under
				  this Part, are not prohibited if the wastes meet any of the following criteria,
				  unless the wastes are subject to a specified method of treatment other than DEACT
				  in section
				  376.4  of this
				  Part, or are D003 reactive cyanide:
(a) the
				  wastes are managed in a treatment system which subsequently discharges to a water
				  of New York State pursuant to a SPDES permit issued under titles 7 and 8 or the
				  Clean Water Act; or
(b) the wastes
				  are treated for purposes of the pretreatment requirements of section 307 of the
				  Clean Water Act; or
(c) the wastes
				  are managed in a zero discharge system engaged in titles 7 and 8 or Clean Water
				  Act-equivalent treatment as defined in section
				  376.3(e)(1) 
				  of this Part; and
(d) the wastes no
				  longer exhibit a prohibited characteristic at the point of land disposal
				  (
i.e.,
placement in a surface impoundment).
(4) The following hazardous wastes
				  are not subject to any provision of this Part:
(i) waste generated by conditionally exempt
				  small quantity generators of less than 100 kilograms of nonacute hazardous waste
				  or less than 1 kilogram of acute hazardous waste per calendar month, as defined
				  in section
				  371.1(f) 
				  of this Title;
(ii) waste pesticides
				  that a farmer disposes of pursuant to section
				  372.1(e)(3) (i), (ii), (iii) and
				  (iv)  of this Title; and
(iii) wastes identified or listed as hazardous
				  after November 8, 1984 for which DEC has not promulgated land disposal
				  prohibitions or treatment standards.
(5) The commissioner may authorize an
				  exemption, extension, or variance from any provision of this Part, so long as
				  such action will not result in requirements that are less broad or less stringent
				  than the requirements of   40 CFR part 268   (see section
				  370.1[e] 
				  of this Title). If an exemption, extension, or variance from the land disposal
				  provisions of 40 CFR part 268 (see section
				  370.1[e] 
				  of this Title) has been granted by the EPA administrator pursuant to
				  40 CFR
				  section 268.5,
				  268.6,
				  268.42(b)
				  or
				  268.44,
				  the commissioner must, if such action is to become effective in New York State,
				  subsequently also approve such action, but the commissioner shall not grant
				  approval in any way as to make such action broader in scope, longer in duration,
				  or less stringent than authorized by the person of the obligation to comply with
				  all other applicable provisions of this Part. Applications for exemptions,
				  extensions, or variances by any generator or facility shall be in accordance with
				  the petition provisions of section
				  373-1.1(e) 
				  of this Title.
(6) Severability. If
				  any provision of this Part or its application to any person or circumstances is
				  held invalid, the remainder of this Part, and the application of those provisions
				  to persons or circumstances, other than those to which it is held invalid, shall
				  not be affected thereby.
(7) The
				  requirements of this Part shall not affect the availability of a waiver under
				  section 121(d) (4) of the Comprehensive Environmental Response, Compensation and
				  Liability Act of 1980 (CERCLA).
(8)
De minimis
losses of characteristic wastes to wastewaters are
				  not considered to be prohibited wastes and are defined as losses from normal
				  material handling operations (
e.g.,
spills from the unloading or
				  transfer of materials from bins or other containers, leaks from pipes, valves or
				  other devices used to transfer materials); minor leaks of process equipment,
				  storage tanks or containers; leaks from well-maintained pump packings and seals;
				  sample purgings; and relief device discharges; discharges from safety showers and
				  rinsing and cleaning of personal safety equipment; rinsate from empty containers
				  or from containers that are rendered empty by that rinsing; and laboratory wastes
				  not exceeding one percent of the total flow of wastewater into the facility's
				  headworks on an annual basis, or with a combined annualized average concentration
				  not exceeding one part per million in the headworks of the facility's wastewater
				  treatment or pretreatment facility.
(9) [
Reserved
]
(10) Universal waste handlers and universal
				  waste transporters (as defined in section
				  370.2(b)  of this
				  Title) are exempt from subdivision (g) of this section and section
				  376.5  of this Part for the hazardous
				  wastes listed below. Universal waste handlers and universal waste transporters
				  are subject to regulation under Subpart 374-3 of this Title.
(i) batteries as described in section
				  374-3.1(b) 
				  of this Title;
(ii) pesticides as
				  described in section
				  374-3.1(c) 
				  of this Title;
(iii)
				  mercury-containing equipment as described in section
				  374-3.1(d) 
				  of this Title; and
(iv) lamps as
				  described in section
				  374-3.1(e) 
				  of this Title.
(v) aerosol cans as
				  described in section
				  374-3.1(f)  of this
				  Title; and
(vi) paint as described in
				  section 374-3.1(g)  of this
				  Title.