N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-3.1

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

Section 374-3.1 - General requirements

(a)Scope.

(1) This Subpart establishes requirements for managing the following:

(i) batteries as described in subdivision (b) of this section;

(ii) pesticides as described in subdivision (c) of this section;

(iii) mercury-containing equipment as described in subdivision (d) of this section; and

(iv) lamps as described in subdivision (e) of this section.

(v) aerosol cans as described in subdivision (f) of this section; and

(vi) paint as defined in subdivision (g) of this section.

(2) This Subpart provides an alternative set of management standards in lieu of regulation under Part 370 through Subpart 374-1, and Part 376 of this Title.

(b)Applicability-batteries.

(1) Batteries covered under this Subpart.

(i) The requirements of this Subpart apply to persons managing batteries, as described in subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.

(ii) Spent lead-acid batteries which are not managed under section 374-1.7 of this Part, are subject to management under this Subpart.

(2) Batteries not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following batteries:

(i) Spent lead-acid batteries that are managed under section 374-1.7 of this Part.

(ii) Batteries, as described in subdivision (i) of this section, that are not yet wastes under Part 371 of this Title, including those that do not meet the criteria for waste generation in paragraph (3) of this subdivision.

(iii) Batteries, as described in subdivision (i) of this section, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 of this Title.

(3) Generation of waste batteries.

(i) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).

(ii) An unused battery becomes a waste on the date the handler decides to discard it.

(c)Applicability-pesticides.

(1) Pesticides covered under this Subpart. The requirements of this Subpart apply to persons managing pesticides, as described in subdivision (i) of this section, meeting the following conditions, except those listed in paragraph (2) of this subdivision:

(i) Recalled pesticides that are:

(a) stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA section 19(b), incorporated by reference in section 370.1(e) of this Title, including, but not limited to those owned by the registrant responsible for conducting the recall; or

(b) stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, incorporated by reference in section 370.1(e) of this Title, that are part of a voluntary recall by the registrant.

(ii) Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program approved by the department, meeting standards set forth in Subpart 362-4 of this Title.

(2) Pesticides not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following pesticides:

(i) recalled pesticides described in subparagraph (1)(i) of this subdivision, and unused pesticide products described in subparagraph (1)(ii) of this subdivision, that are managed by farmers in compliance with section 372.1(e)(3)(i) through (iii) of this Title. (Section 372.1[e][3][i] through [iii] of this Title address pesticides disposed of on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label, providing the container is triple rinsed in accordance with Part 325 of this Title);

(ii) pesticides not meeting the conditions set forth in paragraph (1) of this subdivision. These pesticides must be managed in compliance with the hazardous waste regulations in Part 370 through Subpart 374-1, Subpart 374-4, and Part 376 of this Title, except that an aerosol can as defined in paragraph 374-3.1(i)(1) of this section that contains pesticides may be managed as a universal waste aerosol can under section 374-3.2(d)(5) or 374-3.3(d)(5) of this Subpart;

(iii) pesticides that are not wastes under Part 371 of this Title, including those that do not meet the criteria for waste generation in paragraph (3) of this subdivision or those that are not wastes as described in paragraph (4) of this subdivision; and

(iv) pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in section 371.4 of this Title or if it exhibits one or more of the characteristics identified in section 371.3 of this Title.

(3) When a pesticide becomes a waste.

(i) A recalled pesticide described in subparagraph (1)(i) of this subdivision becomes a waste on the first date on which both of the following conditions apply:

(a) The generator of the recalled pesticide agrees to participate in the recall.

(b) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

(ii) An unused pesticide product described in subparagraph (1)(ii) of this subdivision becomes a waste on the date the generator decides to discard it.

(4) Pesticides that are not wastes. The following pesticides are not wastes:

(i) Recalled pesticides described in subparagraph (1)(i) of this subdivision, provided that the person conducting the recall:

(a) has not made a decision to discard (e.g., burn for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of solid waste under section 371.1(c) of this Title; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this Subpart. This pesticide remains subject to the requirements of FIFRA, incorporated by reference in section 370.1(e) of this Title; or

(b) has made a decision to use a management option that, under section 371.1(c) of this Title, does not cause the pesticide to be a solid waste (i.e., the selected option is use [other than use constituting disposal] or reuse [other than burning for energy recovery], or reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including this Subpart. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA.

(ii) Unused pesticide products described in paragraph (1)(ii) of this subdivision, if the generator of the unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements of FIFRA.

(d)Applicability - mercury-containing equipment.

(1) Mercury-containing equipment covered under this Subpart. The requirements of this Subpart apply to persons managing mercury-containing equipment, as described in subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.

(2) Mercury-containing equipment not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following mercury-containing equipment:

(i) Mercury-containing equipment that is not yet a waste under Part 371 of this Title. Paragraph (3) of this subdivision describes when mercury-containing equipment becomes a waste;

(ii) Mercury-containing equipment that is not a hazardous waste. Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 of this Title or is listed in section 371.4 of this Title;

(iii) Equipment and devices from which the mercury-containing components have been removed.

(3) Generation of waste mercury-containing equipment.

(i) Used mercury-containing equipment becomes a waste on the date it is discarded (e.g., sent for reclamation).

(ii) Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

(e)Applicability-lamps.

(1) Lamps covered under this Subpart. The requirements of this Subpart apply to persons managing lamps as described in subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.

(2) Lamps not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following lamps.

(i) lamps that are not yet wastes under part 371 of this Title as provided in paragraph (3) of this subdivision; and

(ii) lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 of this Title.

(3) Generation of waste lamps.

(i) A used lamp becomes a waste on the date it is discarded.

(ii) An unused lamp becomes a waste on the date the handler decides to discard it.

(f)Applicability-aerosol cans.

(1) Aerosol cans covered under this Subpart. The requirements of this Subpart apply to any person managing one or more aerosol cans, as described in subdivision 374-3.1(i) of this section, except those listed in paragraph (2) of this subdivision.

(2) Aerosol cans not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following types of aerosol cans:

(i) an aerosol can that is not yet a waste under Part 371 of this Title. Paragraph (3) of this subdivision describes when an aerosol can becomes a waste;

(ii) an aerosol can that is not hazardous waste. An aerosol can is a hazardous waste if the aerosol can exhibits one or more of the characteristics identified in section 371.3 of this Title or the aerosol can contains a substance that is listed in section 371.4 of this Title;

(iii) an aerosol can that meets the standard for an empty container under section 371.1(h) of this Title;

(iv) an aerosol can that is an acute hazardous waste, including F027, as identified in section 371.4 of this Title; and

(3) Generation of waste aerosol cans.

(i) A used aerosol can becomes a waste on the date it is discarded.

(ii) An unused aerosol can becomes a waste on the date the handler decides to discard it.

(g)Applicability-paint.

(1) Paint covered under this Subpart. The requirements of this Subpart apply to any person managing paint, as described in subdivision 374-3.1(i) of this section, except those listed in paragraph (2) of this subdivision.

(2) Paint not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following types of paint:

(i) paint that is not yet a waste under Part 371 of this Title. Paragraph (3) of this subdivision describes when paint becomes a waste;

(ii) paint that is not hazardous waste. Paint is a hazardous waste if the paint exhibits one or more of the characteristics identified in section 371.3 of this Title or the paint contains a substance that is listed in section 371.4 of this Title;

(iii) paint that contains PCBs; and

(iv) paint that contains one or more pesticides as defined in ECL 33-0101.

(3) Generation of waste paint. Paint becomes a waste on the date it is discarded or the date the handler decides to discard it, whichever is earlier.

(h)Applicability-household and conditionally exempt small quantity generator waste.

(1) Persons managing the wastes listed in subparagraphs (i) and (ii) of this paragraph may, at their option, manage them under the requirements of this Subpart:

(i) Household wastes that are exempt under section 371.1(e)(2)(i) of this Title and are also of the same type as the universal wastes defined at subdivision (i) of this section.

(ii) Conditionally exempt small quantity generator wastes that are exempt under section 371.1(f) of this Title and are also of the same type as the universal wastes defined in subdivision (i) of this section.

(2) Persons who commingle the wastes described in subparagraphs (1)(i) and (ii) of this subdivision together with universal waste regulated under this Subpart must manage the commingled waste under the requirements of this Subpart.

(i)Definitions.

(1) 'Aerosol can,' also referred to as a 'universal waste aerosol can,' means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas. This definition does not include gas cylinders such as propane or acetylene.

(2)Ampule means an airtight vial made of glass, plastic, metal, or any combination of these materials.

(3)Architectural coating means paint used for homes and commercial buildings.

(4)Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

(5)Destination facility means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in sections 374-3.2(d)(1), (3) and 374-3.3(d)(1), (3) of this Subpart. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.

(6)FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y), incorporated by reference in section 370.1(e) of this Title.

(7)Generator means any person, by site, whose act or process produces hazardous waste identified or listed in Part 371 of this Title or whose act first causes a hazardous waste to become subject to regulation.

(8)Lamp, also referred to as universal waste lamp, is defined as the bulp or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

(9) 'Large quantity handler of universal waste' means a universal waste handler (as defined in this subdivision) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, lamps, aerosol cans or paint, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000 kilogram limit is met or exceeded.

(10)Mercury-containing equipment means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.

(11)On-site as defined in section 370.2(b) of this Title.

(12) 'Paint,' also referred to as universal waste paint means interior and exterior architectural and structural coatings, including, but not limited to, primers, sealers, resin (single component), epoxy-based flooring paint (single-component), lacquers, latex, water-based paint, oil-based paint, and bridge paint. Paint does not include other industrial, original equipment or specialty coatings, paint thinners, or paint contaminated applicators, debris or personal protective equipment.

(i) Aerosol cans containing paint that are handled in accordance with this Subpart must meet the standards under section 374-3.2(d)(5) or 374-3.3(d)(5) of this Subpart until the paint has been removed.

(ii) Paint removed from the aerosol cans may be managed as universal waste paint in accordance with section 374-3.2(d)(6) or 374-3.3(d)(6) of this Subpart.

(13)Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(i) is a new animal drug under FFDCA section 201(w), incorporated by reference in section 370.1(e) of this Title;

(ii) is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug; or

(iii) is an animal feed under FFDCA section 201(x), incorporated by reference in section 370.1(e) of this Title, that bears or contains any substances described by subparagraph (i) or (ii) of this paragraph.

(14) 'Small quantity handler of universal waste' means a universal waste handler (as defined in this subdivision) who does not accumulate 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, lamps, aerosol cans or paint, calculated collectively) at any time.

(15) 'Structural coating' means paint used for protective or decorative purposes on components that support built structures. Such components include, but are not limited to, bridges, trusses, girders, stringers and bents used to support walkways, roadways, railways or subways.

(16)Thermostat means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of section 374-3.2(d)(3)(ii) or 374-3.3(d)(3)(ii) of this Subpart.

(17) 'Universal waste' means any of the following hazardous wastes that are subject to the universal waste requirements of this Subpart:

(i) batteries as described in subdivision (b) of this section;

(ii) pesticides as described in subdivision (c) of this section;

(iii) mercury-containing equipment as described in subdivision (d) of this section; and

(iv) lamps as described in subdivision (e) of this section;

(v) aerosol cans as described in subdivision (f) of this section; and

(vi) paint as described in subdivision (g) of this section.

(18)Universal waste handler:

(i) Means:

('a') a generator (as defined in this subdivision) of universal waste; or

('b') the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.

(ii) Does not mean:

('a') a person who treats, disposes of, or recycles universal waste (except as provided in 374-3.2(d) and 374-3.3(d)); or

('b') a person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.

(19)Universal waste transfer facility means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.

(20)Universal waste transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-3.1

Amended New York State Register September 20, 2017/Volume XXXIX, Issue 38, eff. 11/4/2017

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

Amended New York State Register May 24, 2023/Volume XLV, Issue 21, eff. 7/8/2023