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 372.3 - Standards applicable to transporters

Current through Register Vol. 46, No. 28, July 10, 2024
The following standards are applicable to transporters of
					 hazardous waste unless specifically exempted or modified in this section.
(a)
General requirements.
(1) Transporters of hazardous waste must comply
				  with all provisions of Part 364 of this Title, "Waste Transporter Permits," and
				  be permitted under the provisions of that regulation to transport hazardous waste
				  in New York State.
(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) Permits. Any
				  transporter of hazardous waste must comply with the Permit requirement of Part
				  364 of this Title unless otherwise exempt (section 364.1[e]).
(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 from 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)(1)(xv) 
				  of this Title.
(7) Transporters are
				  permitted to transfer hazardous waste, incidental to transport, provided that:
(i) [
Reserved
]
(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 any method, including but not limited to 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(f) 
				  of this Title.
(8) A
				  transporter of hazardous waste, except "State-only waste," subject to the
				  manifesting requirements of this Part, or subject to the waste management
				  standards of Subpart 374-3 of this Title, that is being imported from or exported
				  to any of the countries listed in section
				  372.5(h)(1)(i) 
				  of this Part for purposes of recovery is subject to this section and to all other
				  relevant requirements of section
				  372.5(h) 
				  of this Part.