Header:
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 FACI
Date:
08/31/2009
Document:
ยง 372.2 Standards applicable to generators of hazardous waste
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.
(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.
(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 off-site, a generator must mark each package of hazardous waste 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 off-site, 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 subdivision 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 subdivision 370.1(e) of this Title).
(8) Accumulation time.
(i) (a) A generator may accumulate up to 55 gallons of hazardous waste or one quart of acutely hazardous waste listed in section 371.4(b), (c) and (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 subparagraph (ii) 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 hazardous waste or acutely hazardous waste listed in section 371.4(b), (c) and (d)(5) in excess of the amounts listed in clause (a) of this subparagraph at or near any point of generation, with respect to that amount of excess waste, must comply, within three days, with subparagraph (ii) of this paragraph or other applicable provisions of this Title. During the three-day period, the generator must continue to comply with subparagraph (i) 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 onsite 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, tanks or storage areas. 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(1) of this Title;
(d) the generator complies with the requirements of section 373-1.1(d)(1)(iii)(c)(2) - (3), the requirements of section 373-3.3, the requirements of subparagraph 376.1(g)(1)(v) 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 of these time limits. An extension may be granted by the department if hazardous wastes must remain on-site for longer periods 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 paragraph 373-3.10 (h)(3) and subdivision 373-3.10(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 subdivision 373-3.30(b) of this Title in the facility's operating record prior to operation of the unit. The owner or operator 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 subdivisions 373-3.7(b) and 373-3.7(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 and 373-3.4, subdivision 373-3.2(g), and subparagraph 376.1(g)(1)(v) 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 (vi)(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 subparagraph 373-2.5(b)(1)(vi) or 373-3.5(b)(1)(vi) of this Title may accumulate the returned waste 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 ten (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, New York 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.
(b) Manifest Requirements.
(1) A generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a manifest on EPA Form 8700-22, and if necessary, EPA Form 8700-22A, according to the manifest instructions included in Appendix 30 of this Title.
(i) For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
(2) Prior to shipment of hazardous waste off the site at which such waste was generated, the generator must:
(i) designate on the manifest one facility which is authorized to handle the waste described on the manifest. A generator may also designate on the manifest one alternate facility which is authorized to handle the waste in the event an emergency prevents delivery of the waste to the primary designated facility. The generator must confirm by written communication from the designated treatment, storage or disposal facility and alternate treatment, storage or disposal facility that it is authorized to handle the particular hazardous waste described on the manifest.
(ii) for each hazardous waste listed in Item 9 of the manifest, confirm with the designated facility what the ultimate disposal method will be for that waste. If the receiving TSD facility is not providing a hazardous waste management code in item 19 that reflects the ultimate disposal method for the hazardous waste, the generator must provide a State waste code in Item 13 of the manifest to designate the ultimate disposal method of the hazardous waste using one of following state codes:
L = Landfill
B = Incineration, heat recovery, burning
T = Chemical, physical, or biological treatment
R = Material recovery of more than 75 percent of the total material. If the receiving TSD facility uses hazardous waste report management method code for "storage, bulking, and/or transfer off-site - no treatment/recovery, fuel blending, or disposal at this site" in Item 19 of the manifest form, and the generator has failed to provide the ultimate disposal method in Item 13, the ultimate disposal method is deemed landfill (L).
(iii) confirm by written communication from the designated transporter(s) that they are authorized to deliver the manifested waste to the designated treatment, storage or disposal facility.
(iv) instruct the transporter that, if an emergency arises which prevents delivery to the designated facility or the alternate facility, the transporter must contact the generator for further directions concerning the disposition of the waste. The generator will then either designate another facility or instruct the transporter to return the waste.
(3) The generator must:
(i) sign the manifest certification by hand; and
(ii) obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and
(iii) retain one copy of the manifest in accordance with subparagraph 372.2(c)(1)(i) of this section, and mail one copy of the manifest form to the generator State and mail one copy of the manifest form to the destination State (if different from the generator State), making legible photocopies as necessary, postmarked within ten (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, New York 12233-7252. Generators do not need to distribute manifest copies to states other than New York, if those states do not require such a copy be submitted to them. The generator must give the transporter the remaining copies of the manifest.
(4) Special conditions. In the following situations, generator manifest requirements are modified as follows:
(i) generators who offer hazardous waste for shipment to a destination outside the United States must comply with the generator requirements of section 372.5 of this Part.
(ii) generators who offer hazardous waste for shipment to a destination outside New York State must comply with the generator requirements of section 372.6 of this Part.
(iii) generators who employ one or more rail or water (bulk) transporters to ship their hazardous waste must comply with the generator requirements of section 372.7 of this Part.
(5) No generator may:
(i) offer a shipment of hazardous waste for transport off-site without an accompanying manifest;
(ii) offer a shipment of hazardous waste to a transporter unless:
(a) such transporter has a valid permit, issued under Part 364 of this Title, which authorizes the transporter to transport the particular waste(s) offered for shipment to the designated facility; or
(b) the transporter is otherwise exempt from the permit requirements of Part 364 of this Title.
(iii) offer for shipment or ship a hazardous waste to other than an authorized facility.
(6) Use of a New York State or EPA hazardous waste code on a manifest constitutes a determination by the generator that the solid waste is a hazardous waste in New York.
(7) The requirements of this section (Manifest Requirements) do not apply to hazardous waste produced by generators of greater than 100 kilograms but less than 1,000 kilograms per calendar month where:
(i) the waste is reclaimed under a contractual agreement pursuant to which:
(a) the type of waste and frequency of shipments are specified in the agreement;
(b) the vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer;
(c) the reclaimer complies with any applicable Part 364 waste hauler permit requirements; and
(ii) the generator records the following information for each shipment:
(a) the hazardous waste code and quantity of waste shipped; and
(b) the date the waste is shipped; and
(iii) the generator maintains a copy of the reclamation agreement on file for a period of at least three years after termination or expiration of the agreement.
(8) The requirements of this section and subparagraph 372.2 (a)(6) (ii) of this section do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. The generator or transporter must comply with the requirements for transporters set forth in subdivision 372.3(d) of this Part in the event of a discharge of hazardous waste on a public or private right-of-way.
(9) Manifest tracking numbers, manifest printing, and obtaining manifests.
40 CFR Section 262.21, Manifest tracking numbers, manifest printing, and obtaining manifests, as published in the 70 FR 10775 et seq. - "Federal Register," March 4, 2005, is incorporated by reference as if fully set forth herein (see paragraph 370.1(e)(3) of this Title).
(10) Waste minimization certification. A generator who initiates a shipment of hazardous waste must certify to one of the following statements in Item 15 of the uniform hazardous waste manifest:
(i) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" This statement can also be found at 40 CFR 262.27(a) as incorporated by reference (see subdivision 370.1(e) of this Title), or
(ii) "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford." This statement can also be found at 40 CFR 262.27(b), as incorporated by reference (see subdivision 370.1(e) of this Title).
(c) Reporting and recordkeeping requirements. (1) Recordkeeping.
(i) A generator must keep a copy of each complete manifest document as a record for at least three years from the date the waste was accepted by the initial transporter.
(ii) A generator must keep a copy of each annual report (paragraph (2) of this subdivision) and exception report (paragraph (3)) for a period of at least three years from the due date of the report.
(iii) A generator must keep records of any test results, waste analyses or other determinations made in accordance with paragraph (a)(2) of this section for at least three years from the date that the waste was last sent to onsite or off-site treatment, storage or disposal.
(iv) All records required under this subdivision must be furnished to the department upon request, postmarked within five business days of receipt of a written request. A generator must make such records available at all reasonable times for inspection by an officer, employee or representative of the department who is duly designated by the commissioner.
(v) The recordkeeping periods referred to in this section are extended automatically beyond the three-year period during the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner.
(2) Annual reporting. (i) A generator who ships any hazardous waste offsite to a treatment, storage or disposal facility located within the United States must submit annual reports on forms specified by the commissioner. This report must be submitted to the Department no later than March 1st for the preceding calendar year, and must include the following information:
(a) the EPA identification number, name and address of the generator;
(b) the calendar year covered by the report;
(c) the EPA identification number, name and address for each offsite treatment, storage or disposal facility in the United States to which waste was shipped during the year;
(d) the name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States;
(e) a description, EPA hazardous waste number (5) (from section 371.3 and/or 371.4 of this Title), DOT hazardous class, and quantity of each hazardous waste shipped offsite for shipments to a treatment, storage or disposal facility within the United States. This information must be listed by EPA identification number of each such offsite facility to which waste was shipped;
(f) a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(g) a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; and
(h) the certification signed by the generator or authorized representative.
(ii) Any generator who treats or disposes of hazardous waste on site must submit an annual report covering those wastes in accordance with the provisions of section 373-2.5(e) of this Title. Reporting for exports of hazardous waste is not required on the annual report form. A separate annual report requirement is set forth in section 372.5(f) of this Part.
(iii) A Generator who generates in a calendar month less than 1000 kg of non-acute hazardous waste or 1 kg acute hazardous waste, is exempt from filing an annual report, provided that the generator complies with all other applicable regulations. A generator who exceeds these generation limits must file an annual report for the entire year.
(3) Exception reporting. A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date of shipment, must immediately contact the transporter and/or disposal facility to determine the status of the shipment. If, within 45 days of the date of shipment the generator has not received a signed copy of the manifest, an exception report must be submitted to the department and, in the case of interstate shipments, submitted to the state in which the shipment was to be received, and any states in which the shipment may have been delivered. In the case of states which do not have EPA-approved hazardous waste programs, notification must be sent to EPA. The exception report must include:
(i) a legible copy of the manifest for which the generator does not have confirmation of delivery; and
(ii) a cover letter, signed by the generator or the generator's authorized representative, explaining the efforts taken to locate the hazardous waste and the results of those efforts.
(4) Additional reporting. The commissioner may require generators to furnish additional reports concerning the quantities and disposition of wastes, if necessary.
(d) Project XL for public utilities in New York State.
(1) The following definitions apply to this subdivision:
(i) A utility is any company that operates wholesale and/or retail oil and gas pipelines, or any company that provides electric power or telephone service and is regulated by New York State's Public Service Commission, or the New York Power Authority.
(ii) A right-of-way is a fixed, integrated network of aboveground or underground conveyances, including land structures, fixed equipment, and other appurtenances, controlled or owned by a utility, and used for the purpose of conveying its products or services to customers.
(iii) A remote location is a location in New York State within a utility's right-of-way network that is not permanently staffed.
(iv) A utility's central collection facility (UCCF) is a utility-owned facility within the utility's right-of-way network to which hazardous waste, generated by the utility at remote locations within the same right-of-way network, is brought.
(2) A UCCF designated pursuant to paragraph (5) of this subdivision may consolidate hazardous waste (with the exception of mixed waste) generated by that utility at its remote locations (and at that UCCF) for up to 90 days without a permit or without having interim status, provided that:
(i) The utility complies with all applicable requirements for generators in this Part (except subparagraphs 372.2(a)(8)(iii), (iv) and (v) of this Part) for hazardous waste generated at its remote locations and at the UCCF, including the manifest and pretransport requirements for all shipments greater than 100 kilograms sent from a remote location to a UCCF.
(ii) The utility transports the hazardous waste from the remote location to a UCCF immediately after collection of all hazardous waste at the remote location is complete or when the staff collecting the hazardous waste leave the remote location, whichever comes first.
(iii) The utility complies with all applicable requirements for transporters in this Part and Part 364 of this Title for each shipment of hazardous waste greater than 100 kilograms which is sent from remote location to the UCCF, and all applicable United States Department of Transportation requirements.
(iv) (a) The utility complies with paragraphs 372.2(a)(1) through (7) and subparagraphs 372.2(a)(8)(i) and (ii) of this Part, regardless of the total quantity generated or consolidated at the UCCF per calendar month.
(b) The utility complies with subdivision 373-2.9(i) of this Title; and
(c) Secondary containment is provided for liquid hazardous waste consolidated in containers if required, pursuant to subparagraph 373-1.1(d)(1)(iii) or (iv) of this Title.
(v) The utility submits an annual report in accordance with paragraph 372.2(c)(2) including all hazardous waste shipped from remote locations to the UCCF. This UCCF annual report may be submitted in lieu of submitting an annual report for each remote location. However, for hazardous waste generated at a particular remote location that exceeds 1000 kg per calendar month and that is not sent to the UCCF, the utility must submit a separate annual report.
(vi) Waste generated at a remote location that is not sent to a UCCF is managed according to the requirements of Parts 370 through 374 and 376 of this Title.
(vii) The utility maintains records at the UCCF in accordance with all the recordkeeping requirements set forth in subdivision 372.2(c) of this section, and maintains records on any PCB test results for hazardous wastes brought to the facility from remote locations.
(viii) The UCCF obtains an EPA identification number.
(ix) The UCCF receives hazardous waste only from a remote location.
(x) The utility reinvests at least one third of the direct savings described in paragraph (8) of this subdivision in one or more environmentally beneficial projects, such as remediation or pollution prevention, that are over and above existing legal requirements and that have not been initiated prior to the utility's receipt of approval to consolidate hazardous waste pursuant to this subdivision.
(3) Utilities seeking to have UCCFs designated under paragraph (5) of this subdivision must comply with the following requirements:
(i) Any New York State utility seeking approval to consolidate hazardous waste under this subdivision must notify local governments and communities of the utility's intent to designate specific UCCFs.
(ii) In carrying out subparagraph (3)(i) of this paragraph, the utility must solicit public comment. In soliciting public comment, the utility must use the notice method set forth in clause (a) of this subparagraph, as well as at least two of the methods set forth in clauses (b)-(g) of this subparagraph. Each utility must also notify by mail all parties who commented on the proposed federal or state rule for this XL project.
(a) a public notice in a newspaper of general circulation within the area in which each proposed UCCF is located;
(b) a radio announcement in each affected community during peak listening hours;
(c) mailings to all citizens within a five (5) mile radius of proposed UCCF;
(d) well publicized community meetings;
(e) presentations to the local community board;
(f) placement of copies of this subdivision and the Final Project Agreement that explains the regulatory relief outlined in this subdivision in the local library nearest the proposed UCCF, and inclusion of the name and address of the library in the newspaper notice; and
(g) placement of copies of this subdivision and the Final Project Agreement that explains the regulatory relief outlined in this subdivision on the utility's web site, and inclusion of the web site's address in the newspaper notice.
(iii) All outreach efforts made under subparagraph (3)(ii) of this subdivision shall be prepared in English (and any other language spoken by a large number of persons in the community of concern) and at a minimum shall include the following information:
(a) A brief description of the XL project, the intended new use of the facility, and a request for comments on the proposed UCCF.
(b) The name, if any, and address of the proposed UCCF and its current status under the New York State's hazardous waste regulatory program.
(c) The intended duration of use of the UCCF under the requirements of this subdivision.
(d) Names, addresses, and telephone numbers of contact persons, representing the utility, to whom questions or comments may be directed.
(e) Notification of when the comment period of no less than 30 days will close.
(iv) Prior to the solicitation of public comment pursuant to subparagraph (3)(ii) of this subdivision, the utility must submit copies of each notice, announcement or mailing directly to local governments and to the Department and USEPA.
(v) At the close of the comment period, the utility shall prepare a responsiveness package containing a summary of public outreach efforts, all comments and questions received as a result of its outreach efforts, and the utility's written responses to all comments and questions. The utility shall provide copies of its responsiveness package to any citizens that participated in the public notice process, local governments and the department and USEPA.
(4) Upon completion of the public notice procedures described in paragraph (3) of this subdivision, the utility must provide written notice to the department and USEPA of its intent to participate. The notice of intent must contain the following information:
(i) The name of the utility, corporate address, and corporate mailing address, if different.
(ii) The name, mailing address, and telephone number of a corporate-level contact person to whom communications and inquiries may be directed. This contact person may be changed by written notification to the department and USEPA.
(iii) A list of the names, addresses, and EPA identification numbers of all Utility-owned facilities in New York State that are proposed UCCFs and the names and telephone numbers of a designated contact person at each facility.
(iv) A summary of public outreach efforts undertaken pursuant to paragraph (3) of this subdivision.
(v) A commitment that one third of the direct cost savings outlined in paragraph (8) of this subdivision due to project participation will be reinvested in one or more environmentally beneficial projects which are over and above existing legal requirements and which have not been initiated prior to the utility's receipt of approval to consolidate hazardous waste pursuant to this subdivision.
(vi) An acknowledgment that the signatory is personally familiar with the terms and conditions of this subdivision and has the authority to obligate and does obligate the utility to comply with all such terms and conditions. The utility shall comply with the signatory requirements set forth in clause 373-1.4(a)(5)(i)(a) of this Title.
(5) The procedures for designating UCCFs are as follows:
(i) Subject to subparagraphs (5)(ii)-(v) of this paragraph, the utility and specified UCCF shall receive approval to comply with the requirements set forth in paragraph (2) of this subdivision upon the receipt of written acknowledgment from the department that the notice of intent described in paragraph (4) of this subdivision has been received and found to be complete and in compliance with all the requirements set forth in paragraph (4) of this subdivision. This acknowledgment will state whether the UCCF has been designated under this subdivision and any additional limitations which have been placed on the UCCF.
(ii) Based on information provided and comments received during the public notice and comment period, the department shall prepare a response to the comments received. The response to comments shall be attached to the acknowledgment described in subparagraph (5)(i) of this paragraph. Both the acknowledgment and the response to comments shall be sent to all persons who commented on the designation of the UCCF(s) that are the subject of the acknowledgment.
(iii) Based on information provided and comments received during or after the public notice and comment period, designated UCCFs may be rejected for the proposed use, or, if the department determines that acceptance for the proposed use under the conditions of paragraph (2) of this subdivision may not fully protect human health and the environment based on the utility's compliance history or other appropriate factors, the acknowledgment may impose conditions in addition to those in paragraph (2) of this subdivision.
(iv) If the department determines that a site-specific informational public meeting is warranted prior to determining the acceptability of a designated UCCF, the acknowledgment will so state.
(v) Subsequent to any public meeting, the department may reject or prohibit UCCFs from participating in this project based on information provided or comments received during or after the public notice process or based on a determination that acceptance for the proposed use under the conditions of paragraph (2) of this subdivision may not fully protect human health and the environment based on the utility's compliance history or other appropriate factors.
(6) At any time, a utility may add or remove UCCF designations by complying with the following requirements:
(i) A utility must notify the department and USEPA of its intent to designate additional UCCFs. Such a notification shall be submitted to both agencies and processed by the department in the manner indicated in paragraphs (4) and (5) of this subdivision.
(ii) To have one or more additional UCCFs designated, the utility must comply with paragraph (3) of this subdivision.
(iii) A utility can discontinue use of a facility as a UCCF by notifying the department and USEPA in writing.
(7) Each utility that receives approval to consolidate hazardous waste pursuant to this subdivision shall submit an annual progress report with the following information for the preceding year:
(i) The number of remote locations statewide for which hazardous waste was handled in accordance with paragraph (2) of this subdivision.
(ii) The total tonnage of each type of hazardous waste handled by each UCCF.
(iii) The number of remote locations statewide from which l,000 kilograms or more of hazardous waste were collected per calendar month.
(iv) The number of remote locations statewide from which between l00 and l,000 kilograms of hazardous waste were collected per calendar month.
(v) An estimate of the monetary value, on a utility-wide basis, of the direct savings realized by participation in this project. Direct savings at a minimum include those outlined in paragraph (8) of this subdivision.
(vi) Descriptions of the environmental compliance, remediation, or pollution prevention projects or activities into which the savings, described in paragraph (8) of this subdivision, have been reinvested, with an estimate of the savings reinvested in each. Any such projects must consist of activities that are over and above existing legal requirements and that have not been initiated prior to the utility's receipt of approval to consolidate hazardous waste pursuant to this subdivision.
(vii) The addresses and EPA identification numbers for all facilities that served as UCCFs for hazardous waste from remote locations.
(8) Utilities that receive approval to consolidate hazardous waste pursuant to this subdivision must assess the direct savings realized as a result. Cost estimates shall include direct savings based on relief from any regulatory requirements, which the facility expects to be relieved from due to compliance with the provisions of this subdivision, including but not limited to, the following:
(i) Database management for each remote location as an individual generator;
(ii) Annual Report preparation costs; and/or
(iii) Cost savings realized from consolidation of waste for economical shipment (including no longer shipping waste directly to a TSD from remote locations).
(9) If any UCCF or utility that receives approval under this subdivision fails to comply with any of the requirements of this subdivision, the department may terminate or suspend the UCCF's or utility's participation. The department will provide a UCCF or utility with 15 days written notice of its intent to terminate or suspend participation. During this period, the UCCF will have the opportunity to come back into compliance or provide a written explanation as to why it was not in compliance with the terms of this subdivision and how it will come back into compliance. If the department then issues a written notice terminating or suspending participation, the utility must take immediate action to come into compliance with all otherwise applicable state and federal requirements. USEPA or the department may also take enforcement action against a utility for non-compliance with the provisions of this subdivision.
(10) This subdivision will expire on May 24, 2011.
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