New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 372 - Hazardous Waste Manifest System And Related Standards For Generators, Transporters And Facilities › Section 372.2 - Standards applicable to generators of hazardous waste

Current through Register Vol. 46, No. 28, July 10, 2024
The following requirements are applicable to generators of
					 hazardous waste unless specifically exempted or modified elsewhere in this
					 Part.
(a)
General
				  requirements.
(1) 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 of these
				  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
				  of this Title or if the waste is not listed as a hazardous waste in section
				  371.4  of
				  this Title, the generator must then determine whether the waste is identified in
				  section
				  371.3 
				  of this Title by either:
(a) testing the waste
				  according to the 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 of the specific waste. Hazardous waste annual reporting
				  requirements are set forth in paragraph (c)(2) of this section. Hazardous waste
				  annual reports must also be filed by facilities subject to ECL section 72-0402.
(3) EPA identification
				  numbers.
(i) A generator must not treat, store,
				  dispose of, transport or offer for transportation, hazardous waste without having
				  received an EPA identification number as defined in section
				  370.2(b) 
				  of this Title. (To obtain an EPA identification number, use the Notification of
				  Regulated Waste Activity form [EPA Form 8700-12], available at
				  http://www.epa.gov.)
(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
				  370.1[e] 
				  of this Title).
(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 CFR part 172) (see section
				  370.1[e] 
				  of this Title).
(6) Marking.
(i) Before transporting or offering hazardous
				  waste for transportation offsite, a generator must mark each package in
				  accordance with the applicable U.S. Department 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
				  transportation with the following words and information in accordance with the
				  requirements of
				  49 CFR
				  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 as much as 55 gallons of non-acute hazardous waste, or
				  as much as either one quart of liquid acute hazardous waste listed in section
				  371.4(b) or
				  (d)(5)  of this Title, one quart of
				  containerized gas acute hazardous waste listed in section
				  371.4(b) or
				  (d)(5)  of this Title, or one kilogram (2.2 lbs)
				  of solid acute hazardous waste listed in section
				  371.4(b) or
				  (d)(5)  of this 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 subparagraphs (ii) or (iii) 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
				  non-acute hazardous waste, or acute hazardous waste listed in section
				  371.4(b) or
				  (d)(5)  of this Title, in excess of the amounts
				  listed in clause (
a
) of this subparagraph at or near any point
				  of generation must, with respect to that amount of excess waste, comply within
				  three consecutive calendar days with subparagraph (ii) of this paragraph or other
				  applicable provisions of this Title. During the three-consecutive-calendar-day
				  period, the generator must continue to comply with subclause
				  (i)(
a
)(
1
) and clause
				  (i)(
a
)(
2
) 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 (iii),
				  (iv), and (v) of this paragraph, a generator may accumulate hazardous waste
				  on-site of generation for a period of 90 days or less under the provisions of
				  section 373 1.1(d)(1)(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.
Note:
A similar exemption is provided in section
					 373-1.1(d)(1)(xiv) 
					 which may exempt a facility from permitting 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 onsite 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
				  373-3.10(l) 
				  of this Title;
(d) the generator
				  complies with the requirements of sections
				  373-1.1(d)(1)(iii) 
				  (
c
)(
2
)- (
3
), 373-3.3, and all
				  applicable requirements of Part 376 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;
(f) small
				  quantity generators storing liquid hazardous wastes over sole source aquifers may
				  also be subject to section
				  373-1.1(d)(1)(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 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 to the 180-day (or 270-day if applicable) period. Such
				  extension may be granted by the department if hazardous wastes must remain
				  on-site for longer than 180-days (or 270-day if applicable) 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 F006 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 F006
				  waste is legitimately recycled through metals recovery;
(c) no more than 20,000 kilograms of F006 waste
				  is accumulated on-site at any one time; and
(d) the F006 waste is managed in accordance
				  with the following:
(1) the F006 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
				  373-3.10(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 operators in sections
				  373-3.3,
				  373-3.4,
				  373-3.2(g) 
				  and with all applicable requirements of Part 376 of this Title;
(vii) 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, and who must
				  transport this waste, or offer this waste for transportation, over a distance of
				  200 miles or more for off-site metals recovery, may accumulate F006 waste on-site
				  for more 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 F006 in accordance with subparagraphs (vi) and (vii) of this
				  paragraph who accumulates F006 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 20,000-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 F006 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)(1)(vi)
				 or
				  373-3.5(b)(1)(vi) 
				  of this 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 of the 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.