N.Y. Comp. Codes R. & Regs. tit. 6 § 372.3

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

Section 372.3 - Standards applicable to transporters

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.

(b)Manifest requirements.

(1) Before transporting the hazardous waste, the transporter of such waste must sign and date the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter must return a signed copy to the generator before leaving the generator's property, and assure that copies of the manifest are available for additional transporters, if necessary.

(2) The transporter must ensure that the manifest accompanies the hazardous waste. The manifest must be kept in the transportation vehicle in an easily accessible place when the shipment is in transit. In the case of exports, the transporter must ensure that a copy of the EPA acknowledgment of consent also accompanies the hazardous waste.

(3) [Reserved]

(4)

(i) The transporter must deliver the entire quantity of hazardous waste which the transporter accepted from a generator or a transporter to:

(a) the designated facility listed on the manifest;

(b) the alternate designated facility if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery;

(c) the next designated transporter, as specified on the manifest; or

(d) the place outside the United States designated by the generator.

(ii) If the hazardous waste cannot be delivered in accordance with subparagraph (i) of this paragraph because of an emergency condition other than rejection of the waste by the designated facility, then the transporter must contact the generator for further directions and must revise the manifest according to the generator's instructions.

(iii) If the hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter must obtain the following:

(a) for a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the manifest tracking number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with subdivision (c) of this section, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all the information required in section 373-2.5(b)(1)(v) (a) through (f) or (vi)(a) through (f), or 373-3.5(b)(1)(v)(a) through (f) or (vi)(a) through (f) of this Title;

(b) for a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and identification number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with subdivision (c) of this section, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with section 373-2.5(b)(1)(v) (a) through (f) or 373-3.5(b)(1)(v)(a) through (f) of this Title;

(5) A transporter who delivers hazardous waste to another transporter to the designated facility must:

(i) obtain the date of delivery and the handwritten signature of the subsequent transporter or of the owner or operator of the designated facility on the manifest; and

(ii) [Reserved]

(iii) retain the appropriate copy of the manifest in accordance with subdivision (c) of this section; and

(iv) give the remaining copies of the manifest to the accepting transporter or designated facility.

(6) Prohibitions. No transporter may:

(i)

(a) accept hazardous waste from a generator unless the transporter is also provided with a manifest signed in accordance with the requirements of section 372.2(b)(3) of this Part.

(b) In the case of exports of hazardous waste subject to the requirements of section 372.5(h) of this Part, a transporter must meet the requirements of section 372.5(h) of this Part. In the case of exports other than those subject to section 372.5(h) of this Part, a transporter may not accept such waste from a primary exporter or other person:

(1) if the transporter knows the shipment does not conform to the EPA acknowledgment of consent; and

(2) unless, in addition to a manifest signed by the generator in accordance with the provisions of section 372.2(b) of this Part, the transporter is also provided with an EPA acknowledgment of consent which, except for shipment by rail, is attached to the manifest or (shipping paper for exports by water [bulk shipment]);

(ii) accept a hazardous waste shipment that significantly differs in terms of quantity from that listed on the manifest;

(iii) deliver a shipment of hazardous waste to any person other than as prescribed in this subdivision; or

(iv) transport any shipment of hazardous waste without complying with the financial security requirements of paragraph (d)(3) of this section.

(7) Special conditions. In the following situations, transporter manifest requirements are modified:

(i) Transporters who transport hazardous waste out of the United States must:

(a) sign and date the manifest in the international shipments block to indicate the date that the shipment left the United States;

(b) retain one copy in accordance with paragraph (c)(3) of this section;

(c) return a signed copy of the manifest to the generator; and

(d) Give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.

(ii) Rail and water (bulk) transporters must comply with the transporter requirements in section 372.7 of this Part.

(iii) A transporter transporting hazardous waste from a generator who generates greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month need not comply with the requirements of this section or those of subdivision (c) of this section provided that:

(a) the waste is being transported pursuant to a reclamation agreement as provided for in section 372.2(b)(7) of this Part;

(b) the transporter records, on a log or shipping paper, the following information for each shipment:

(1) the name, address and U.S. EPA identification number of the generator of the waste;

(2) the quantity of waste accepted;

(3) all DOT-required shipping information; and

(4) the date the waste is accepted;

(c) the transporter carries this record when transporting waste to the reclamation facility; and

(d) the transporter retains these records for a period of at least three years after termination or expiration of the agreement.

(c)Recordkeeping requirements.

(1) A transporter of hazardous waste must keep a copy of the manifest signed by the generator, the transporter and the next designated transporter or the owner or operator of the designated facility, for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(2) For shipments delivered to the designated facility by rail or water (bulk), each rail or water (bulk shipment) transporter must retain a copy of a shipping paper containing all the information required in section 372.7 of this Part for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(3) A transporter who transports hazardous waste out of the United States must keep a copy of the manifest, indicating that the hazardous waste left the United States, for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(4) [Reserved]

(5) The three-year period of retention referred to in this subdivision is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner.

(d)Hazardous waste discharges.

(1) Immediate action.

(i) In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge areas).

(ii) If a discharge of hazardous waste occurs during transportation and an official (State or local government or a Federal agency), acting within the scope of his/her official responsibilities, determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have EPA identification numbers and without the preparation of a manifest.

(iii) Any waste transporter who has discharged hazardous waste must:

(a) give notice, if required by 49 CFR 171.15 (see section 370.1[e] of this Title), to the National Response Center (800-424-8802 or 202-426-2675) and the department (518-457-7362);

(b) report in writing, as required by 49 CFR 171.16 (see section 370.1[e] of this Title), to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590; and

(c) in the case of a water (bulk shipment) transporter, who has discharged hazardous waste, give the same notice as required by 33 CFR 153.203 (see section 370.1[e] of this Title) for oil and hazardous substances.

(2) Discharge cleanup. A transporter must clean up any hazardous waste discharge that occurs during transportation, or take such action as may be required or approved by Federal, State or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.

(3) Financial security requirements. The financial security requirements for transporters of hazardous waste are located in section 364.5 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 372.3

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