N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-3.4
Current through Register Vol. 46, No. 45, November 2, 2024
Section 374-3.4 - Standards for universal waste transporters(a)Applicability.(1) This section applies to universal waste transporters (as defined in section 374-3.1[i] of this Subpart).(2) Part 364 of this Title also applies to universal waste transporters.(b)Prohibitions.A universal waste transporter is:
(1) prohibited from disposing of universal waste; and(2) prohibited from diluting or treating universal waste, except by responding to releases as provided in subdivision (e) of this section.(c)Waste management.(1) A universal waste transporter must comply with all applicable U.S. Department of Transportation regulations in 49 CFR parts 171 through 180, incorporated by reference in section 370.1(e) of this Title, for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the hazardous waste manifest requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262 . Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.(2) Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under 40 CFR 262, they may not be described by the DOT proper shipping name "hazardous waste, (l) or (s), n.o.s.," nor may the hazardous material's proper shipping name be modified by adding the word "waste."(d)Storage time limits.(1) A universal waste transporter may only store the universal waste at a universal waste transfer facility for 10 days or less.(2) If a universal waste transporter stores universal waste for more than 10 days, the transporter becomes a universal waste handler and must comply with the applicable requirements of section 374-3.2 or 374-3.3 of this Subpart while storing the universal waste.(e)Response to releases.(1) A universal waste transporter must immediately contain all releases of universal wastes and other residues from universal wastes.(2) A universal waste transporter must determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of Parts 370 through Subpart 374-1 and Part 376 of this Title. If the waste is determined to be a hazardous waste, the transporter is subject to generator requirements under Part 372 of this Title.(f)Off-site shipments.(1) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.(2) If the universal waste being shipped off-site meets the Department of Transportation's definition of hazardous materials under 49 CFR 171.8, incorporated by reference in section 370.1(e) of this Title, the shipment must be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR part 172, incorporated by reference in section 370.1(e) of this Title.(g)Exports.A universal waste transporter transporting a shipment of universal waste to a foreign destination other than to those OECD countries specified in section 372.5(h)(1)(i) of this Title (in which case the transporter is subject to the requirements of section 372.5[h] of this Title) may not accept a shipment if the transporter knows the shipment does not conform to the EPA acknowledgment of consent. In addition the transporter must ensure that:
(1) a copy of the EPA acknowledgment of consent accompanies the shipment; and(2) the shipment is delivered to the facility designated by the person initiating the shipment.N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 374-3.4
Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff. 4/18/2020