N.Y. Comp. Codes R. & Regs. tit. 6 § 371.3
Current through Register Vol. 46, No. 45, November 2, 2024
Section 371.3 - Characteristics of hazardous waste(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. (b)Characteristic of ignitability.(1) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: (i) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees Celsius (140 degrees Fahrenheit), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in the American Society for Testing Materials (ASTM) Standard D 93-79 or D 93-80 (see section 370.1[e] of this Title); or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D 3278-78 (see section 370.1(e) of this Title).(ii) It is not a liquid and is capable under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.(iii) It is an ignitable compressed gas, as defined in 40 CFR 261.21(a)(3) (see section 370.1[e] of this Title).(iv) It is an oxidizer as defined in 40 CFR 261.21(a)(4) (see section 370.1[e] of this Title).(2) A solid waste that exhibits the characteristic of ignitability has the EPA hazardous waste number of D001.(c)Characteristic of corrosivity.(1) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: (i) it is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5 as determined by a pH meter using method 9040C in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication number SW-846 as incorporated by reference in section 370.1(e) of this Title; or(ii) it is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 degrees Celsius (130 degrees Fahrenheit) as determined by Method 1110A Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA Publication SW-846, as incorporated by reference in section 370.1(e) of this Title.(2) A solid waste that exhibits the characteristics of corrosivity has the EPA hazardous waste number of D002.(d)Characteristic of reactivity.(1) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: (i) it is normally unstable and readily undergoes violent change without detonating;(ii) it reacts violently with water;(iii) it forms potentially explosive mixtures with water;(iv) when mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;(v) it is a cyanide or sulfide-bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;(vi) it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;(vii) it is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; and(viii) it is a forbidden explosive as defined in 49 CFR 173.54, or is a division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53 (see section 370.1[e] of this Title).(2) A solid waste that exhibits the characteristic of reactivity has the EPA hazardous waste number of D003.(e)Toxicity characteristic.(1) Except as provided in subparagraph (i) of this paragraph, a solid waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"EPA publication SW-846, as incorporated by reference in section 370.1(e) of this Title, the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at a concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in method 1311, is considered to be the extract for the purpose of this subdivision. (i) Manufactured gas plant (MGP) related remediation waste exhibiting the toxicity characteristic for benzene is not a hazardous waste based on toxicity if the following conditions are met: (a) The remediation wastes are from former MGP sites being remediated under a department order, agreement or State assistance contract, or under the oversight of the EPA;(b) The remediation waste is soil or sediment contaminated with coal tar related residuals that will be thermally treated (as in a combustion boiler unit or in a thermal desorber) at an off-site facility permitted to receive non-hazardous contaminated soil or at an on-site facility. MGP site remediation waste meeting the applicability requirements that is being sent out of state must comply with the rules and regulations of the receiving state; and(c) This exemption does not apply to coal tar contaminated materials which contain significant quantities of purifier wastes or any quantity of other hazardous wastes. A significant quantity of purifier waste is defined as any quantity that would cause the MGP site remediation waste mixture, sent for thermal treatment, to contain in excess of 3.5 percent sulfur by weight. Table 1
Maximum Concentration of Contaminants for the Toxicity Characteristic
| EPA HW | Regulatory Level |
| No.1 | Contaminant | CAS No.2 | (mg/L) |
| D004 | Arsenic | 7440-38-2 | 5.0 |
| D005 | Barium | 7440-39-3 | 100.0 |
| D018 | Benzene | 71-43-2 | 0.5 |
| D006 | Cadmium | 7440-43-9 | 1.0 |
| D019 | Carbon tetrachloride | 56-23-5 | 0.5 |
| D020 | Chlordane | 57-74-9 | 0.03 |
| D021 | Chlorobenzene | 108-90-7 | 100.0 |
| D022 | Chloroform | 67-66-3 | 6.0 |
| D007 | Chromium | 7440-47-3 | 5.0 |
| D023 | o-Cresol | 95-48-7 | 200.04 |
| D024 | m-Cresol | 108-39-4 | 200.04 |
| D025 | p-Cresol | 106-44-5 | 200.04 |
| D026 | Cresol | . . . . . . | 200.04 |
| D016 | 2,4-D | 94-75-7 | 10.0 |
| D027 | 1,4-Dichlorobenzene | 106-46-7 | 7.5 |
| D028 | 1,2-Dichloroethane | 107-0-6 | 0.5 |
| D029 | 1,1-Dichloroethylene | 75-35-4 | 0.7 |
| D030 | 2,4-Dinitrotoluene | 121-14-2 | 0.133 |
| D012 | Endrin | 72-20-8 | 0.02 |
| D031 | Heptachlor (and its epoxide) | 76-44-8 | 0.008 |
| D032 | Hexachlorobenzene | 118-74-1 | 0.133 |
| D033 | Hexachlorobutadiene | 87-68-3 | 0.5 |
| D034 | Hexachloroethane | 67-72-1 | 3.0 |
| D008 | Lead | 7439-92-1 | 5.0 |
| D013 | Lindane | 58-89-9 | 0.4 |
| D009 | Mercury | 7439-97-6 | 0.2 |
| D014 | Methoxychlor | 72-43-5 | 10.0 |
| D035 | Methyl ethyl ketone | 78-93-3 | 200.0 |
| D036 | Nitrobenzene | 98-95-3 | 2.0 |
| D037 | Pentrachlorophenol | 87-86-5 | 100.0 |
| D038 | Pyridine | 110-86-1 | 5.03 |
| D010 | Selenium | 7782-49-2 | 1.0 |
| D011 | Silver | 7440-22-4 | 5.0 |
| D039 | Tetrachloroethylene | 127-18-4 | 0.7 |
| D015 | Toxaphene | 8001-35-2 | 0.5 |
| D040 | Trichloroethylene | 79-01-6 | 0.5 |
| D041 | 2,4,5-Trichlorophenol | 95-95-4 | 400.0 |
| D042 | 2,4,6-Trichlorophenol | 88-06-2 | 2.0 |
| D017 | 2,4,5-TP (Silvex) | 93-72-1 | 1.0 |
| D043 | Vinyl chloride | 75-01-4 | 0.2 |
1 Hazardous waste number.
2 Chemical abstracts service number.
3 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.
4 If o-, m-, and p-Creso1 concentrations cannot be differentiated, the total creso1 (D026) concentration is used. The regulatory level of total cresol is 200 mg/1.
(2) A solid waste that exhibits the characteristic of toxicity has the EPA hazardous waste number specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous.N.Y. Comp. Codes R. & Regs. Tit. 6 § 371.3
Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020