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 371.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose and
				  scope.
This Part establishes the procedures for identifying those
					 solid wastes which are subject to regulation as hazardous wastes under Parts 370
					 through 373, and 376 of this Title. However, even though a given material is
					 defined as a hazardous waste under this Part, it may be exempt from one or more
					 of the substantive provisions of those Parts, as specified in each respectively.
					 Definitions for terms used in this Part are given in Part 370 of this Title. For
					 the purposes of subdivisions (c) and (g) of this section:
(1) A material is
accumulated
				  speculatively
if it is accumulated before being recycled. A material is
				  not accumulated speculatively, however, if the person accumulating it can show
				  that the material is potentially recyclable and has a feasible means of being
				  recycled; and that during the calendar year (commencing on January 1st) the
				  amount of material that is recycled, or transferred to a different site for
				  recycling, equals at least 75 percent by weight or volume of the amount of that
				  material accumulated at the beginning of the period. In calculating the
				  percentage of turnover, the 75-percent requirement is to be applied to each
				  material of the same type (
e.g.,
slags from a single smelting
				  process) that is recycled in the same way (
i.e.,
from which the
				  same material is recovered or that is used in the same way). Materials
				  accumulating in units that would be exempt from regulation under section
				  371.1(e)(3)  of this
				  Title are not to be included in making the calculation. (Materials that are
				  already defined as solid wastes also are not to be included in making the
				  calculation.) Materials are no longer in this category once they are removed from
				  accumulation by recycling, however.
(2)
A byproduct
is a material
				  that is not one of the primary products of a production process and is not solely
				  or separately produced by the production process. Examples are process residues
				  such as slags or distillation column bottoms. The term does not include a
				  coproduct that is produced for the general public's use and is ordinarily used in
				  the same form as produced by the process.
(3) A material is
reclaimed
if
				  it is processed to recover a usable product, or if it is regenerated. Examples
				  are recovery of lead values from spent batteries and regeneration of spent
				  solvents.
(4) A material is
recycled
if it is used, reused or reclaimed.
(5) A material is
regenerated
if it is restored to its original physical and chemical properties.
(6)
Scrap metal
is bits and
				  pieces of metal parts (
e.g.,
bars, turnings, rods, sheets, wire)
				  or metal pieces that may be combined together with bolts and soldering
				  (
e.g.,
radiators, scrap automobiles, railroad boxcars), which
				  when worn or superfluous can be recycled.
(7) A
spent material
is any
				  material that has been used and as a result of contamination can no longer serve
				  the purpose for which it was produced without processing.
(8) A material is
used
or
reused
if it is either:
(i)
				  employed as an ingredient (including use as an intermediate) in an industrial
				  process to make a product (for example, distillation bottoms from one process
				  used as feedstock in another process). However, a material will not satisfy this
				  condition if distinct components of the material are recovered as separate end
				  products (as when metals are recovered from metal containing secondary
				  materials); or
(ii) employed in a
				  particular function or application as an effective substitute for a commercial
				  product (for example, spent pickle liquor used as phosphorus precipitant and
				  sludge conditioner in wastewater treatment).
(9)
Excluded scrap metal
is
				  processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap
				  metal.
(10)
Processed scrap
				  metal
is scrap metal which has been manually or physically altered to
				  either separate it into distinct materials to enhance economic value or to
				  improve the handling of materials. Processed scrap metal includes, but is not
				  limited to scrap metal which has been baled, shredded, sheared, chopped, crushed,
				  flattened, cut, melted, or separated by metal type (
i.e.,
sorted), and, fines, drosses and related materials which have been agglomerated.
Note:
Shredded circuit boards being sent for recycling are not
					 considered processed scrap metal. They are covered under the exclusion from the
					 definition of solid waste for shredded circuit boards being recycled (see
					 subparagraph [e][1][xiv] of this section).
(11)
Home scrap metal
is scrap
				  metal as generated by steel mills, foundries, and refineries such as turnings,
				  cuttings, punchings, and borings.
(12)
Prompt scrap metal
is
				  scrap metal as generated by the metal working/fabrication industries and includes
				  such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is
				  also known as industrial or new scrap metal.