N.Y. Comp. Codes R. & Regs. tit. 6 § 370.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 370.1 - General

(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.

(b)Safeguarding information.

(1) Any request for the release of information in the custody of the department related to this Part or Parts 371 through 374, and 376 of this Title shall be handled according to the provisions of Part 616 of this Title.

(2) In accordance with section 616.7 of this Title, the department shall hold confidential any information concerning the chemical composition, quantity, method of treatment or disposal of hazardous waste or any information related thereto when shown by any person that such information, if made public, would divulge competitive business information, methods or processes entitled to protection as trade secrets of such persons. However, such information may be disclosed to any officers, employees or authorized representatives of the United States or the state concerned with carrying out RCRA or the State hazardous waste program or when relevant in any proceeding thereunder. In addition, any information required by section 372.5 of this Title which is submitted in notification of intent to export a hazardous waste will be provided to the Department of State and the appropriate authorities in a receiving country regardless of any claims of confidentiality.

(c)Use of number and gender.

As used in Parts 370 through 374, and 376 of this Title:

(1) words in the masculine gender also include the feminine and neuter genders;

(2) words in the singular include the plural; and

(3) words in the plural include the singular.

(d)Severability.

If any provision of this Part or its application to any person or circumstance is held invalid, the remainder of this Part, and the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

(e)References.

The following Federal regulations or technical material are incorporated by reference. These references are available for inspection and copying at department offices, Division of solid and Hazardous Materials, 625 Broadway, Albany, NY 12233, or can be directly obtained from the sources listed for the given reference.

(1) American Society for Testing and Materials.

(i) Std. D-93-October 1985, "Standard Test Methods for Flash Point by Pensky-Martens Closed Tester".

(ii) Std. D-140-January 1981, "Standard Method of Sampling Bituminous Materials".

(iii) Std. D-346-February 1981, "Collection and Preparation of Coke Samples for Laboratory Analysis".

(iv) Std. D-420-December 1979, "Standard Recommended Practice for Investigating and Sampling Soil and Rock for Engineering Purposes".

(v) Std. D-1452-June 1980, "Soil Investigation and Sampling by Auger Borings".

(vi) Std. D-2234-September 1982, "Collection of a Gross Sample of Coal".

(vii) Std. D-3278-October 1982, "Flash Point of Liquids by Small Scale Closed-Cup Apparatus".

(viii) Std. D-1946-June 1982, "Analysis of Reformed Gas by Gas Chromatography".

(ix) Std. D-2382-November 1983, "Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High Precision Method)".

(x) Std. D-2879-1992, "Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope".

(xi) Std. D-4420-October 1989, "Determination of Aromatics in Finished Gasoline by Gas Chromatography".

(xii) Std. E-169-February 1987, "General Techniques of Ultraviolet-Visible Quantitative Analysis".

(xiii) Std. E-168-1988, "General Techniques of Infrared Quantitative Analysis".

(xiv) Std. E-260-June 1985, "Packed Column Gas Chromatography".

(xv) Std. G-21-April 1970 (reapproved 1980), "Determining Resistance of Synthetic Polymeric Materials to Fungi".

(xvi) Std. G-November 1976 (reapproved 1985), "Determining Resistance of Plastic to Bacteria".

(xvii) Std. E-926-1994, "Preparing Refuse-Derived Fuel (RDF) Samples for Analysis of Metals," Test Method C - Bomb, Acid Digestion Method.

American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103

(2)Code of Federal Regulations (CFR).

(i) 29 CFR-title 29 of the Code of Federal Regulations (Labor), revised as of July 1, 2013:

(a) parts 1900 through end.

(ii) 33 CFR-title 33 of the Code of Federal Regulations (Navigation and Navigable Waters), revised as of July 1, 2014:

(a) part 153.

(iii) 40 CFR-title 40 of the Code of Federal Regulations (Protection of Environment), revised as of July 1, 2014:

(a) parts 51, 52, 60, 61 and 63;

(b) parts 112, 124, 144, 146, 148, 165, 220, 257 and 258;

(c) parts 260 through 266, 268, 270, 271, 279 and 280, except subpart H-Transfrontier Shipments of Hazardous Waste for Recovery within the OECD of 40 CFR part 262 ;

(d) part 300;

(e) part 761.

(iv) 49 CFR-title 49 of the Code of Federal Regulations (Transportation), revised as of October 1, 2013:

(a) parts 107 and 171 through 180.

(v) [Reserved]

(vi) 40 CFR - title 40 of the Code of Federal Regulations (Protection of Environment) part 63 revised as of July 1, 2000, for the purposes of section 373""1.7(j)(1) of this Title.

Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 or https://www.gpo.gov/

(3)Federal Register:

(i) 45 FR 12746 et seq.-Federal Register, February 26, 1980.

(ii) 70 FR 10775 et seq.-Federal Register, March 4, 2005.

(iii) 70 FR 35034 et seq.-Federal Register, June 16, 2005.

Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402

(4) National Association of Corrosion Engineers:

(i) TM-01-69 National Association of Corrosion Engineers (NACE), P.O. Box 218340, Houston, TX 77218

(5) National Fire Protection Association:

(i) Flammable and Combustible Liquids Code, 1996 National Fire Protection Association, One Batterymarch Park, Quincy, MA 02269-9101

(6)

(i) American Petroleum Institute (API) Publication 2517, 3rd Edition, February 1989, Evaporative Loss from External Floating-Roof Tanks, available from the American Petroleum Institute, 1220 L Street, Northwest, Washington, DC 20005.

(ii) OECD test 301B: (CO₂ Evolution [Modified Sturm Test]). sub OECD Test Guidelines, July 1992, 2001 L Street Northwest, Suite 615, Washington, DC 1-800-453-6323.

(iii) DOD Explosives Safety Board (DDESB) storage standards, DOD 6055.9-STD (DOD Ammunition and Explosive Safety Standards) effective January 1998.

(7) U.S. Code-Federal laws:

(i) Atomic Energy Act, 1954 (42 USC 2011et seq.), USC 1988, volumes 15, 16 and 17, Supplement III (January 3, 1989 to January 1992).

(ii) Clean Air Act, 1955 (42 USC 7401-7626), USC 1988 volumes 15, 16 and 17, Supplement III (January 3, 1989 to January 1992).

(iii) Clean Water Act, 1977 (33 USC 1251et seq.), USC 1988, volume 13, Supplement IV (January 3, 1989 to January 1993).

(iv) Comprehensive Environmental Response, Compensation and Liability Act, 1980 (42 USC 9601et seq.), USC 1988, volumes 15, 16 and 17, Supplement III (January 3, 1989 to January 1992).

(v) Investment Company Act, 1940 (15 USC 80a-1 and 80a-2), USC 1988, volume 5, Supplement IV (January 3, 1989 to January 1993).

(vi) Marine Protection Research and Sanctuaries Act, 1972 (33 USC 1401et seq.), USC 1988, volume 13, Supplement IV (January 3, 1989 to January 1993).

(vii) Resource Conservation and Recovery Act, 1976 (42 USC 6901et seq.), USC 1988, volumes 15, 16 and 17, Supplement III (January 3, 1989 to January 1992).

(viii) Safe Drinking Water Act, 1944 (42 USC 300f to 300j-11), USC 1988, volumes 15, 16 and 17, Supplement III (January 3, 1989 to January 1992).

(a) Underground Injection Control.

(ix) Bankruptcy Procedures Act, 1978 (11 USC 101et seq.) USC 1988, volume 4, Supplement IV (January 3, 1989 to January 1993).

(x) Federal Insecticide, Fungicide, Rodenticide Act, October 1988, United States Environmental Protection Agency.

(xi) Federal Food, Drug and Cosmetic Act, July 1993.

Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402

(xii) Internal Revenue Code, 2008 (26 USC 501, "Exemption from tax on corporations, certain trusts, etc"), USC 1988 available online at https://www.govinfo.gov.

(xiii) War and National Defense, 1988 (50 USC 1521, "Destruction of existing stockpile of lethal chemical agents and munitions"), USC 2008 available online at https://www.loc.gov.

(8) United States Environmental Protection Agency:

(i) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 Third Edition, (November 1986), as amended by Updates I (July 1992), II (September 1994), IIA (August 1993), IIB (January 1995), III (December 1996), IIIA (April 1998), and IIIB (November 2004), document number 955-001-00000-1).

(ii) "Procedures Manual for Groundwater Monitoring at Solid Waste Disposal Facilities," (EPA-530/SW-611), August 1977.

(iii) "Methods for Chemical Analysis of Water and Wastes," PB84-128677, March 1983.

(iv) "Samplers and Sampling Procedures for Hazardous Waste Streams," (EPA-600/2-80-018), January 1980.

(v) "APTI Course 415: Control of Gaseous Emissions," EPA Publication EPA-450/2-81-005, December 1981.

(vi) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised," October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle Park, NC.

(vii) Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry, February 1999.

Note:

(8)

(i) is available online at https://www.epa.gov/hw-sw846. (8)(i) through (vii) can be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

(9) International Organization for Standardization (ISO):

(i) "Dental equipment - Amalgam separators," ISO-11143, December 1999. Available from:

American National Standards Institute (ANSI)

25 West 43rd Street

New York, NY 10036

(212) 642-4980

http://webstore.ansi.org

(f) Any laboratory tests or sample analyses for which the Commissioner of the New York State Department of Health issues certificates of approval, which are required under Article 27 of the ECL or Parts 370 through 374 and 376, must be performed by a laboratory certified to perform such tests or analyses pursuant to the New York State Department of Health (NYSDOH) Environmental Laboratory Approval Program (ELAP). The certificate of approval must have been issued by the NYSDOH commissioner pursuant to section 502 of the Public Health Law, and the certificate must be valid and current as provided for under the ELAP.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 370.1

Amended New York State Register September 30, 2015/Volume XXXVII, Issue 39, eff. 11/11/2015

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020