reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-4 - Municipal Household Hazardous Waste Collection and Disposal Projects › Section 369-4.4 - Ineligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following costs are
					 considered ineligible:
(1) costs incurred to
					 conduct a household hazardous waste collection program if it is not fully
					 implemented in accordance with the requirements of Subpart 362-4 of this
					 Title;
(2) costs incurred in
					 preparing and submitting an application for state assistance under this
					 section;
(3) costs that were incurred
					 outside of the calendar year for which the application was submitted to the
					 department;
(4) costs defrayed by
					 federal or other outside funding;
(5)
					 costs related to or for municipal staff and or volunteers;
(6) indirect, overhead or in-kind
					 costs;
(7) costs incurred in securing
					 required permits from the department or any other permitting authority;
(8) program and facility operating costs,
					 including, but not limited to, purchase of office supplies and equipment,
					 equipment service, office maintenance, internet service, telephone, utilities,
					 health and safety equipment and training, mileage costs, travel expenses, and
					 fuel, or other costs as determined by the department;
(9) costs incurred for the collection and
					 disposal of materials that have an established program for statewide take-back,
					 product stewardship or return including, but not limited to used oil, vehicle
					 lead acid batteries, wireless telephones, electronic waste, rechargeable
					 batteries and any other similar materials as determined by the
					 department;
(10) costs incurred from
					 the collection, handling, and disposal of types of waste that except under
					 extraordinary circumstances would not meet the definition of household hazardous
					 waste, including, but not limited to, explosives, ammunition, emergency flares,
					 empty containers, empty aerosol cans, batteries, electronic waste, asbestos, bulk
					 metal, white goods, construction and demolition debris, latex paint, empty paint
					 cans, empty propane tanks, empty refrigerant cans, radioactive material,
					 pharmaceutical waste, household medical waste, regulated medical waste, smoke
					 detectors, fire extinguishers, tires, used oil, and any miscellaneous materials
					 and packaging received;
(11) costs of
					 a household hazardous waste collection event or collection events required by the
					 department as part of an enforcement settlement (e.g., environmental benefit
					 project, compliance schedule, or consent order); and
(12) unnecessary or unreasonable costs as
					 determined by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-5 - Targeted Priority Area Municipal Waste Reduction and Recycling Projects › Section 369-5.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The department, at its own discretion and upon availability
						of funds, may from time to time establish targeted state assistance programs for
						priority area municipal waste reduction and recycling projects or activities.
						These programs may take various forms as determined by the department to help
						advance waste reduction and recycling activities and projects in the state. The
						details of each program including, but not limited to, purpose, scope,
						eligibility requirements, eligible and ineligible costs, application procedures
						and evaluation criteria, will be developed and a notice of availability with
						these individual program requirements will be issued by the
						department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-5 - Targeted Priority Area Municipal Waste Reduction and Recycling Projects › Section 369-5.2 - Application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 availability of funding, the department will issue a notice of availability with
					 the individual program requirements for a state assistance program pursuant to
					 this Subpart. The details of each program and an application filing deadline will
					 be included in the notice of availability.
(b) Any municipality, upon the approval of its
					 governing body, may submit to the department an application, in a form and
					 containing information as the department may require, for state assistance toward
					 the cost of an eligible project. The procedures outlined in this section are only
					 applicable to funding provided pursuant to this Subpart.
(1) Each application will undergo an initial
					 review by the department to determine potential project eligibility and
					 compliance with terms set forth in the notice of availability. This initial
					 review is not intended to be a detailed project review to determine full or final
					 eligibility of the project or project costs but instead to eliminate clearly
					 ineligible projects from further consideration. The initial review may include
					 meetings and presentations of project aspects in order for the department to gain
					 an understanding of the project and consequently expedite review.
(2) The department may require any additional
					 information from an applicant as may be necessary to complete a project
					 application. A project application will be reviewed and may be approved,
					 disapproved or modified by the department, consistent with the requirements of
					 this Part.
(3) The department will
					 evaluate, rate, rank or score eligible applications received in accordance with
					 the procedures identified in the notice of availability to determine which, if
					 any, of the projects will be funded through the state assistance
					 program.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-6 - NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS › Section 369-6.1 - General application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality, upon the approval of its
					 governing body, may submit an application to the department, in a form and
					 containing information as the department may require, for state assistance toward
					 the cost of an eligible project defined in section
					 369-6.2  of this Subpart. The
					 procedures outlined in this section are only applicable to funding provided
					 pursuant to this Subpart.
(b) For
					 projects identified in this Subpart, the department will use pre-application
					 procedures to facilitate the application process. A municipality has the option
					 of submitting either a pre-application or a complete application.
(1) If a pre-application is submitted, it must
					 consist of, at a minimum:
(i) the name and
					 address of the municipality including the name, e-mail address and telephone
					 number of a designated project manager;
(ii) a description of the project;
					 and
(iii) the estimated project cost
					 and amount to be requested, including an itemized list of equipment, materials
					 and services to be procured.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-6 - NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS › Section 369-6.2 - Eligible projects

Current through Register Vol. 46, No. 28, July 10, 2024
Eligible projects include landfill closure costs if the
						landfill closure project meets the following requirements:
(a) the landfill is municipally-owned and the
					 municipality is liable for all closure and post-closure activities;
(b) the landfill ceased receiving waste no
					 later than April 9, 1997;
(c) the
					 municipal landfill closure project complies with applicable landfill closure
					 requirements as set forth in Part 363 of this Title;
(d) the municipality waives any right to
					 assistance under section 27-1313 of the ECL; and
(e) the landfill closure site is not classified
					 as a Classification 1 or Classification 2 site in the Registry of Inactive
					 Hazardous Waste Disposal Sites.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-6 - NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS › Section 369-6.3 - Application components

Current through Register Vol. 46, No. 28, July 10, 2024
The following application components are required of
						applications for a project consisting of municipal landfill closure
						expenses:
(a) An application cover page
					 signed by a duly authorized representative of the municipality. The application
					 cover page must also designate a project contact person who is available to
					 answer technical or administrative questions regarding the project
					 application.
(b) Authorization, by
					 certified resolution or other means acceptable to the department, from the
					 governing body of the municipality for submission of the application. The
					 required number of certified copies of the authorization will be determined by
					 the department. The authorization must:
(1) set
					 forth the authority of the municipality to make an application for state
					 assistance under this subpart; and
(2) name an individual, by official title, who
					 is authorized to sign the application and any subsequent contracts between the
					 state and the municipality for state assistance under this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-6 - NONHAZARDOUS MUNICIPAL LANDFILL CLOSURE PROJECTS › Section 369-6.4 - Ineligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
					 costs are considered ineligible:
(1) costs
					 incurred to perform the municipal landfill closure project if it is not fully
					 implemented in accordance with plans and reports approved by the
					 department;
(2) post-closure
					 monitoring and maintenance costs associated with a municipal landfill closure
					 project;
(3) costs for activities
					 associated with development of alternative waste disposal sites or
					 techniques;
(4) costs incurred before
					 April 1, 1993;
(5) costs incurred if
					 the department determines that the landfill closure site is a Classification 1 or
					 Classification 2 site in the Registry of Inactive Hazardous Waste Disposal
					 Sites;
(6) costs incurred to perform
					 the municipal landfill closure project that are inconsistent with or in violation
					 of the procedures and requirements for the state assistance program under Title 5
					 of article 54 of the ECL, section 56-0403 of the ECL, or other applicable
					 laws;
(7) costs associated with a
					 municipal landfill closure project that does not comply with the landfill closure
					 requirements as set forth in Part 363 of this Title or the applicable regulations
					 in effect six months before the application date for state assistance;
(8) any portion of the cost for which federal,
					 state or other specific assistance has been or will be received;
(9) costs funded under Subpart 369-7 of this
					 Part, Nonhazardous Municipal Landfill Gas Management Projects; and
(10) unnecessary or unreasonable costs as
					 determined by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-7 - Nonhazardous Municipal Landfill Gas Management Projects › Section 369-7.1 - General application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality, upon the approval of its
					 governing body, may submit an application to the department, in a form and
					 containing information as the department may require, for state assistance toward
					 the cost of an eligible project. The procedures outlined in this section are only
					 applicable to funding provided pursuant to this Subpart.
(b) For projects identified in this
					 subdivision, the department will use pre-application procedures to facilitate the
					 application process. A municipality has the option of submitting either a
					 pre-application or a complete application.
(1)
					 If a pre-application is submitted, it must consist of, at a minimum:
(i) the name and address of the municipality
					 including the name, e-mail address and telephone number of a designated project
					 manager;
(ii) a description of the
					 project; and
(iii) the estimated
					 project cost and amount to be requested, including an itemized list of equipment,
					 materials and services to be procured.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-7 - Nonhazardous Municipal Landfill Gas Management Projects › Section 369-7.2 - Eligible projects

Current through Register Vol. 46, No. 28, July 10, 2024
Eligible projects include municipal landfill gas management
						system costs if the landfill gas management system meets the following
						requirements:
(a) the site is
					 municipally owned and the municipality is responsible for the continued operation
					 and maintenance of the landfill gas management system for its useful life;
					 and
(b) the active landfill gas
					 collection and treatment system is in compliance with the design requirements of
					 Part 208 of this Title, if applicable, has been approved by the department,
					 conforms to the requirements set forth in Part 363 of this Title, and is designed
					 to maximize the capture of air emissions from the landfill.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-7 - Nonhazardous Municipal Landfill Gas Management Projects › Section 369-7.3 - Application components

Current through Register Vol. 46, No. 28, July 10, 2024
The following application components are required for
						applications under this Subpart:
(a) An
					 application cover page signed by a duly authorized representative of the
					 municipality. The application cover page must also designate a project contact
					 person who is available to answer technical or administrative questions regarding
					 the project application.
(b)
					 Authorization, by certified resolution or other means acceptable to the
					 department, from the governing body of the municipality for submission of the
					 application. The required number of certified copies of the authorization will be
					 determined by the department. The authorization must:
(1) set forth the authority of the municipality
					 to make an application for state assistance under this subpart; and
(2) name an individual, by official title, who
					 is authorized to sign the application and any subsequent contracts between the
					 state and the municipality for state assistance under this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 369 - State Assistance Projects › Subpart 369-7 - Nonhazardous Municipal Landfill Gas Management Projects › Section 369-7.4 - Ineligible costs

Current through Register Vol. 46, No. 28, July 10, 2024
The following costs are considered ineligible:
(a) costs incurred to develop the landfill gas
					 management system if it is not fully implemented in accordance with plans and
					 reports approved by the department;
(b) costs for operating and maintaining the
					 landfill gas management system;
(c)
					 costs associated with design and construction of electrical or gas line
					 transmission systems and costs associated with the marketing and sale of the
					 processed landfill gas or electrical energy derived from the landfill
					 gas;
(d) costs incurred before April
					 1, 1993;
(e) costs for purchasing air
					 emissions credits;
(f) any portion of
					 the costs for which Federal, State or other specific assistance has been or will
					 be received;
(g) costs incurred if
					 the department determines that the landfill closure site is a classification 1 or
					 classification 2 site in the Registry of Inactive Hazardous Waste Disposal
					 Sites;
(h) costs which have
					 previously been reimbursed under Subpart 369-6 Nonhazardous Municipal Landfill
					 Closure Projects of this Part; and
(i) unnecessary or unreasonable costs as
					 determined by the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 370 - Hazardous Waste Management System-general › Section 370.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose, scope and applicability.
(1) This Part provides definitions of terms and
				  general standards applicable to Parts 370 through 374, and 376 of this
				  Title.
(2) In this Part:
(i) Subdivision (b) of this section sets forth
				  the regulations that the department will use in making information it receives
				  available to the public, and sets forth the requirements that generators,
				  transporters or owners or operators of treatment, storage or disposal facilities
				  must follow to assert claims of business confidentiality with respect to
				  information that is submitted to the department under Parts 370 through 374, and
				  376 of this Title.
(ii) Subdivision
				  (c) of this section establishes rules of grammatical construction for Parts 370
				  through 374, and 376 of this Title.
(iii) Section
				  370.2  of this Part
				  defines terms which are used in Parts 370 through 374, and 376 of this Title. The
				  definitions for solid and hazardous waste are given in section
				  371.1  of this
				  Title.
(iv) Section
				  370.3(b) 
				  of this Part establishes procedures for petitioning the commissioner to approve
				  testing methods as equivalent to those prescribed in Part 371, Subparts 373-2 and
				  373-3, and Part 376 of this Title.
(v) Section
				  370.3(c) 
				  of this Part establishes procedures for petitioning the department to exclude a
				  waste from a particular facility.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 370 - Hazardous Waste Management System-general › Section 370.4 - Case-by-case regulation of hazardous waste recycling activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Additional
				  regulation of certain hazardous waste recycling activities on a case-by-case
				  basis.
(1) The commissioner may decide
				  on a case-by-case basis that persons accumulating or storing the recyclable
				  materials described in section
				  371.1(g)(1)(ii) 
				  (
d
) of this Title should be regulated under Parts 372 and 373 of
				  this Title. The basis for such decision must be that the materials are being
				  accumulated or stored in a manner that does not protect human health and the
				  environment because the materials or their toxic constituents have not been
				  adequately contained, or because the materials being accumulated or stored
				  together are incompatible. In making this decision, the commissioner will
				  consider the following factors:
(i) the types
				  and amounts of materials accumulated or stored;
(ii) the method of accumulation or
				  storage;
(iii) the length of time the
				  materials have been accumulated or stored before being reclaimed;
(iv) whether any containments are being
				  released into the environment, or are likely to be so released; and
(v) other relevant factors.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 370 - Hazardous Waste Management System-general › Section 370.5 - Rule making petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) Any person may
				  petition the commissioner to initiate a regulatory amendment to amend Subpart
				  374-3 of this Title to include additional hazardous wastes or categories of
				  hazardous waste as universal waste.
(2) Each petition must be submitted to the
				  commissioner by certified mail and must include:
(i) the petitioner's name and
				  address;
(ii) a statement of the
				  petitioner's interest in the proposed action;
(iii) a description of the proposed action,
				  including (where appropriate) suggested regulatory language; and
(iv) a statement of the need and justification
				  of the proposed action, including any supporting tests, studies, or other
				  information.
(3) The
				  commissioner will make a tentative decision to grant or deny the petition and
				  will publish notice of such tentative decision, either in the form of a notice of
				  proposed rule making or a tentative determination to deny the petition, in the
State Register
for written public comment.
(4)
(i) Upon
				  the written request of any interested person, the commissioner may hold a
				  legislative public hearing to consider oral comments. A person requesting a
				  hearing must state the issues to be raised and explain why written comments would
				  not suffice to communicate the person's views. The commissioner may in any case
				  decide to initiate a motion to hold a legislative public hearing.
(ii) After evaluating all public comments, the
				  commissioner will make a final decision and shall publish notice of the decision
				  in the
State Register.
(5) If the tentative decision is to publish a
				  notice of proposed rule making, the procedures established in the State
				  Administrative Procedure Act (SAPA), section 202 will be followed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 371 - Identification and Listing of Hazardous Wastes › Section 371.2 - Criteria for identifying the characteristics of hazardous waste and for listing hazardous wastes

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Criteria for identifying the characteristics of hazardous waste.
The commissioner will identify and define a characteristic of
					 hazardous waste in addition to those characteristics already identified in
					 section
					 371.3 
					 of this Part, upon determining that:
(1)
				  a solid waste that exhibits the characteristic may:
(i) cause, or significantly contribute to, an
				  increase in mortality or an increase in serious irreversible, or incapacitating
				  reversible illness; or
(ii) pose a
				  substantial present or potential hazard to human health or the environment when
				  it is improperly treated, stored, transported, disposed of or otherwise managed;
				  and
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 371 - Identification and Listing of Hazardous Wastes › Section 371.3 - Characteristics of hazardous waste

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) A solid waste, as
				  defined in section
				  371.1(c) 
				  of this Part, which is not excluded from regulation as a hazardous waste under
				  section
				  371.1(e),
				  is a hazardous waste if it exhibits any of the characteristics identified in this
				  section.
Note:
Section
					 372.2(a) 
					 of this Title sets forth the generator's responsibility to determine whether the
					 waste exhibits one or more of the characteristics identified in this
					 section.
(2) A hazardous waste which
				  identified by a characteristic in this section is assigned every EPA hazardous
				  waste number that is applicable as set forth in this section. This number(s) must
				  be used in complying with the notification requirements of section 3010 of RCRA
				  and all applicable recordkeeping and reporting requirements under Part 372
				  through Subpart 373-3, and Part 376 of this Title.
(3) For purposes of this section, the
				  commissioner will consider a sample obtained using any of the applicable sampling
				  methods specified in Appendix 19,
infra,
to be a representative
				  sample. A person may employ a sampling method alternative to those listed in
				  Appendix 19 and is not required to demonstrate the equivalency of that method
				  under the procedures set forth in section
				  370.3(a) and
				  (b)  of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 371 - Identification and Listing of Hazardous Wastes › Section 371.4 - Lists of hazardous wastes

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
(1) A solid waste is a
				  hazardous waste if it is listed in this section, unless it has been excluded from
				  this list under section
				  370.3(a) and
				  (b)  of this Title.
Note:
Although the names used for chemicals in this list include
					 common names, trade names and specific isomer names under various chemical naming
					 systems, where any one of these previous names are used, all other equivalent
					 names shall be considered to be listed.
(2) The commissioner will indicate the basis
				  for listing the classes or types of wastes listed in this section by employing
				  one or more of the following hazard codes:
Ignitable waste ...
					 (I)............................................................................................
Corrosive waste ..
					 (C)........................................................................................
Reactive waste ..
					 (R)..........................................................................................
Toxicity characteristic waste ..
					 (E)....................................................................
Acute hazardous waste ..
					 (H).............................................................................
Toxic waste ..
					 (T).................................................................................................
Appendix 22,
infra,
identifies the
					 constituent which caused the commissioner to list the waste as a toxicity
					 characteristic waste (E) or toxic waste (T) in subdivisions (b) and (c) of this
					 section.
(3) Each hazardous
				  waste listed in this section is assigned an EPA hazardous waste number which
				  precedes the name of the waste. This number must be used in complying with the
				  notification requirements of section 3010 of the Resource Conservation and
				  Recovery Act and certain recordkeeping and reporting requirements under Parts
				  372, 373 and 376 (see section
				  370.1[e] 
				  of this Title).
(4) The following
				  hazardous wastes listed in subdivision (b) of this section are subject to the
				  exclusion limits for acutely hazardous waste established in section
				  371.1(f) 
				  of this Part: EPA hazardous waste numbers F020, F021, F022, F023, F026 and
				  F027.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 371 - Identification and Listing of Hazardous Wastes › Section 371.5 - Exclusions/exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  [
Reserved
].
(b)
Conditional exclusion for used, broken cathode ray tubes (CRTs) and
				  processed CRT glass undergoing recycling.
Used, broken CRTs are not solid wastes if they are managed in
					 accordance with the following criteria. If the criteria are not met, the used,
					 broken CRTs are solid waste, and hazardous waste if the definition of hazardous
					 waste is met.
(1) Prior to processing:
				  these materials must be destined for recycling and the following requirements
				  met:
(i) Storage. The broken CRTs must be
				  either:
(a) Stored in a building with a roof,
				  floor, and walls; or
(b) placed in a
				  container (
i.e.,
a package or a vehicle) that is constructed,
				  filled, and closed to minimize releases to the environment of CRT glass
				  (including fine solid materials or their constituents).
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 372.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose and
				  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 recordkeeping requirements. The manifest document
					 shall accompany all 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.
(1) 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 of section
				  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)(1)(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
				  373-1.1(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 solid waste under section
				  374-1.13(c) 
				  of this Title.
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 372.4 - Reserved

Current through Register Vol. 46, No. 28, July 10, 2024
Footnotes
** (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 formerly located in this
					 section.)
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 372.5 - International shipments and imports

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
This section establishes requirements applicable to imports
					 and exports of hazardous waste. Except to the extent subdivision (h) of this
					 section provides otherwise, a primary importer or 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
					 of hazardous waste for recovery 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.
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 372.6 - Interstate shipments

Current through Register Vol. 46, No. 28, July 10, 2024
(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, wastes 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 law of the state in which the facility is
				  located, or under EPA regulation if there 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 waste
				  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 waste in accordance with the laws, rules
				  and regulations of New York State.
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 372.7 - Shipments by rail or water (bulk)

Current through Register Vol. 46, No. 28, July 10, 2024
(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 the certifications 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 facility if
				  transported 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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose.
The purpose of this Part is to regulate hazardous waste
						management facilities located partially or wholly within the
						State.
(b)
Applicability.
(1) This Part
					 regulates the treatment, storage and disposal of hazardous waste. Permit
					 requirements and construction and operation standards are set forth herein. The
					 requirements of this Part are applicable to owners and operators of hazardous
					 waste treatment, storage and disposal facilities.
(2) Other regulations in this Title relating to
					 hazardous waste management are as follows:
Part 364 Waste Transporters.
Part 370 Hazardous Waste Management System: General.
Part 371 Identification and Listing of Hazardous
						Wastes.
Part 372 Hazardous Waste Manifest System and Related
						Standards for Generators, Transporters and Facilities.
Part 374 Standards for the Management of Specific Hazardous
						Wastes and Specific Types of Hazardous Waste Management Facilities.
Part 376 Land Disposal Restrictions.
Part 377 Siting of Industrial Hazardous Waste
						Facilities.
Part 380 Prevention and Control of Environmental Pollution
						by Radioactive Materials.
(3)
					 The following are regulations in this Title of general applicability which affect
					 the processing of permits for hazardous waste management:
Part 617 State Environmental Quality Review
						Procedures.
Part 621 Uniform Procedures (Permit Processing
						Procedures).
Part 624 Permit Hearing Procedures.
(4) Universal waste handlers and transporters
					 (as defined in section
					 370.2(b)  of this
					 Title) handling the wastes listed below 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;
(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.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.3 - Interim status

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General.
New York State's hazardous waste management facility
						permitting program consists of a phase called "interim status" for qualifying
						facilities and a phase that constitutes the formal permit process.
Interim status
is a condition under which facilities may operate
						prior to completing permit processing requirements. It is a temporary measure
						designed to phase existing facilities into compliance with permit requirements.
						Only certain facilities will be eligible to receive interim status. All others,
						including new facilities, must obtain permits before commencing operation.
						Operation during interim status is conditioned upon compliance with performance
						standards set forth in Subpart 373-3 of this Part. Interim status may be
						modified, suspended or revoked in a manner similar to a permit.
(b)
Eligibility.
The owners and operators of the following types of
						facilities are eligible for interim status:
(1) Owners or operators of existing hazardous
					 waste management facilities who submitted part A of their RCRA permit application
					 to the regional administrator no later than:
(i) six months after the date of publication of
					 regulations which first require them to comply with the standards set forth in  40
					 CFR part 265 or 266  (see section
					 370.1[e] 
					 of this Title); or
(ii) 30 days after
					 the date they first became subject to the standards set forth in  40 CFR part 265
					 or 266  (see section
					 370.1[e] 
					 of this Title), whichever occurred first.
Note:
For facilities which had to comply with  40 CFR part 265
						 because they handle a waste listed in EPA's May 19, 1980, part 261 regulations
						(45 FR 33006,
et seq.
), the deadline for submitting an
						application was November 19, 1980. Where other existing facilities had to begin
						to comply with  40 CFR part 265 or 266  at a later date because of revisions to  40
						CFR part 260, 261, 265 or 266, the administrator specified in the preamble to
						those revisions when those facilities had to submit a part A
						application.
(iii) for
					 generators generating greater than 100 kilograms but less than 1,000 kilograms of
					 hazardous waste in a calendar month and treats, stores or disposes of these
					 wastes onsite, by March 24, 1987.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.6 - Permit conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Conditions applicable to all permits.
The following conditions apply to all Part 373 permits, and
						will be incorporated into the permits either expressly or by reference. If
						incorporated by reference, a specification to these regulations must be given in
						the permit.
(1) Duty to comply. The
					 permittee must comply with all conditions of this permit. Any permit
					 noncompliance constitutes a violation of ECL article 27, title 9, and is grounds:
(i) for enforcement action;
(ii) for permit termination, revocation and
					 reissuance, or modification; or
(iii)
					 for denial of a permit renewal application.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.7 - Permit modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Transfer of permits.
(1) A permit
					 may be transferred by the permittee to a new owner or operator only if the permit
					 has been modified under subdivision (b) of this section and Part 621 of this
					 Title to identify the new permittee and incorporate such other requirements as
					 may be necessary.
(2) Changes in the
					 ownership or operational control of a facility may be made as a minor
					 modification with prior written approval of the commissioner in accordance with
					 subdivision (c) of this section. The new owner or operator must submit a revised
					 permit application no later than 90 days prior to the scheduled change. A written
					 agreement containing a specific date for transfer of permit responsibility
					 between the current and new permittees must also be submitted to the
					 commissioner. When a transfer of ownership or operational control occurs, the
					 previous owner or operator shall comply with the requirements of section
					 373-2.8 
					 (Financial requirements) of this Part until the new owner or operator has
					 demonstrated that he or she is complying with the requirements of that section.
					 The new owner or operator must demonstrate compliance with section
					 373-2.8 
					 requirements within six months of the date of the change of ownership or
					 operational control of the facility. Upon demonstration to the commissioner by
					 the new owner of compliance with section
					 373-2.8, the
					 commissioner shall notify the previous owner or operator that he or she no longer
					 needs to comply with section
					 373-2.8  as
					 of the date of demonstration.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 373 - Hazardous Waste Management Facilities › Subpart 373-1 - Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements › Section 373-1.8 - Expiration and continuation of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Duration of permits.
(1) Hazardous waste facility permits for land
					 disposal facilities and incinerators shall be effective for a fixed term not to
					 exceed five years. Hazardous waste facility permits for all other units shall be
					 effective for a fixed term not to exceed 10 years.
(2) The term of a permit shall not be extended
					 by modification beyond the maximum duration specified in this section.
(3) The commissioner may issue any permit for a
					 duration that is less than the full allowable term under this section.