N.Y. Comp. Codes R. & Regs. tit. 6 § 376.1

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

Section 376.1 - General

(a)Purpose, scope and applicability.

(1) This Part identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may be land disposed.

(2) Except as specifically provided otherwise in this Part or Part 371 of this Title, the requirements of this Part apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.

(3) Restricted wastes may continue to be land disposed as follows:

(i) where persons have been granted an extension to the effective date of a prohibition under section 376.3 of this Part or pursuant to 40 CFR section 268.5 and subdivision (e) of this section with respect to those wastes covered by the extension;

(ii) where persons have been granted an exemption from a prohibition pursuant to a petition under 40 CFR section 268.6 and subdivision (f) of this section with respect to those wastes and units covered by the petition;

(iii) wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this Part, 40 CFR part 148, or titles 7 and 8 of article 17 of the ECL, are not prohibited if the wastes:

(a) are disposed into a nonhazardous or hazardous injection well as defined under 40 CFR 144.6(a) and regulated under ECL titles 7 and 8; and

(b) do not exhibit any prohibited characteristic of hazardous waste identified in section 371.3 of this Title at the point of injection;

(iv) wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this Part, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in section 376.4 of this Part, or are D003 reactive cyanide:

(a) the wastes are managed in a treatment system which subsequently discharges to a water of New York State pursuant to a SPDES permit issued under titles 7 and 8 or the Clean Water Act; or

(b) the wastes are treated for purposes of the pretreatment requirements of section 307 of the Clean Water Act; or

(c) the wastes are managed in a zero discharge system engaged in titles 7 and 8 or Clean Water Act-equivalent treatment as defined in section 376.3(e)(1) of this Part; and

(d) the wastes no longer exhibit a prohibited characteristic at the point of land disposal (i.e., placement in a surface impoundment).

(4) The following hazardous wastes are not subject to any provision of this Part:

(i) waste generated by conditionally exempt small quantity generators of less than 100 kilograms of nonacute hazardous waste or less than 1 kilogram of acute hazardous waste per calendar month, as defined in section 371.1(f) of this Title;

(ii) waste pesticides that a farmer disposes of pursuant to section 372.1(e)(3) (i), (ii), (iii) and (iv) of this Title; and

(iii) wastes identified or listed as hazardous after November 8, 1984 for which DEC has not promulgated land disposal prohibitions or treatment standards.

(5) The commissioner may authorize an exemption, extension, or variance from any provision of this Part, so long as such action will not result in requirements that are less broad or less stringent than the requirements of 40 CFR part 268 (see section 370.1[e] of this Title). If an exemption, extension, or variance from the land disposal provisions of 40 CFR part 268 (see section 370.1[e] of this Title) has been granted by the EPA administrator pursuant to 40 CFR section 268.5, 268.6, 268.42(b) or 268.44, the commissioner must, if such action is to become effective in New York State, subsequently also approve such action, but the commissioner shall not grant approval in any way as to make such action broader in scope, longer in duration, or less stringent than authorized by the person of the obligation to comply with all other applicable provisions of this Part. Applications for exemptions, extensions, or variances by any generator or facility shall be in accordance with the petition provisions of section 373-1.1(e) of this Title.

(6) Severability. If any provision of this Part or its application to any person or circumstances 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.

(7) The requirements of this Part shall not affect the availability of a waiver under section 121(d) (4) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA).

(8)De minimis losses of characteristic wastes to wastewaters are not considered to be prohibited wastes and are defined as losses from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; rinsate from empty containers or from containers that are rendered empty by that rinsing; and laboratory wastes not exceeding one percent of the total flow of wastewater into the facility's headworks on an annual basis, or with a combined annualized average concentration not exceeding one part per million in the headworks of the facility's wastewater treatment or pretreatment facility.

(9) [Reserved]

(10) Universal waste handlers and universal waste transporters (as defined in section 370.2(b) of this Title) are exempt from subdivision (g) of this section and section 376.5 of this Part for the hazardous wastes listed below. Universal waste handlers and universal waste transporters are subject to regulation under Subpart 374-3 of this Title.

(i) batteries as described in section 374-3.1(b) of this Title;

(ii) pesticides as described in section 374-3.1(c) of this Title;

(iii) mercury-containing equipment as described in section 374-3.1(d) of this Title; and

(iv) lamps as described in section 374-3.1(e) of this Title.

(v) aerosol cans as described in section 374-3.1(f) of this Title; and

(vi) paint as described in section 374-3.1(g) of this Title.

(b)Definitions applicable to this Part.

(1) When used in this Part the following terms have the meanings given below:

(i)Halogenated organic compounds or HOCs means those compounds having a carbon- halogen bond which are listed under Appendix 37 of this Title.

(ii)Hazardous constituent or constituents means those constituents listed in Appendix 23 of this Title.

(iii)Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, injection well, or placement in a concrete vault or bunker intended for disposal purposes.

(iv)Nonwastewaters are wastes that do not meet the criteria for wastewaters in subparagraph (1)(vi) of this subdivision.

(v)Polychlorinated biphenyls or PCBs are halogenated organic compounds defined in accordance with section 371.4(e) of this Title and 40 CFR 761.3.

(vi)Wastewaters are wastes that contain less than one percent by weight total organic carbon (TOC) and less than one percent by weight total suspended solids (TSS).

(vii)Debris means solid material exceeding a 60 mm particle size that is intended for disposal and that is: a manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in section 376.4 of this Part, namely lead acid batteries, cadmium batteries and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75 percent of their original volume. A mixture of debris that has not been treated to the standards provided by section 376.4(g) of this Part and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.

(viii)Hazardous debris means debris that contains a hazardous waste listed in section 371.4 of this Title, or that exhibits a characteristic of hazardous waste identified in section 371.3 of this Title. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in subdivision (c) of this section.

(ix)Restricted wastes are hazardous wastes that are prohibited from land disposal by either statute or regulation, regardless of whether subcategories of such wastes are subject to an exemption, extension, or variance.

(x)Tolling agreements are contractual agreements as defined in section 372.2(b)(7)(i), (ii) and (iii) of this Title.

(xi)Spalling, as used in section 376.4(g) of this Title, means the removal of, but is not limited to, chips, fragments, slabs, pieces, or layers of debris from hazardous debris.

(xii)Underlying hazardous constituent means any constituent listed in section 376.4(j) of this Part, Table UTS - Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste, at a concentration above the constituent-specific UTS treatment standards.

(xiii)Inorganic metal-bearing waste is one for which the department has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in subparagraph (c)(3)(i) of this section, and is specifically listed in Appendix 54 of this Title.

(xiv)Soil means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in subdivision (c) of this section.

(2) All other terms have the meanings given under sections 370.2(b), 371.1(a), (c) and (d) of this Title.

(c)Dilution prohibited as a substitute for treatment.

(1) Except as provided in paragraph (2) of this subdivision, no generator, transporter, handler, owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with section 376.4 of this Part, to circumvent the effective date of a prohibition in section 376.3 of this Part, to otherwise avoid a prohibition in section 376.3 of this Part, or to circumvent a land disposal prohibition imposed by titles 1, 7 and 9 of article 27 of the Environmental Conservation Law.

(2) Dilution of wastes that are hazardous only because they exhibit a characteristic in treatment systems which include land-based units which treat wastes subsequently discharged to a water of New York State, pursuant to a SPDES permit issued under titles 7 and 8 of article 17 of the Environmental Conservation Law, or which treat wastes in a CWA - equivalent treatment system, or which treat waste for the purposes of pretreatment requirements under section 307 of the Clean Water Act is not impermissible dilution for purposes of this subdivision unless a method other than DEACT has been specified in section 376.4(a) of this Part as the treatment standard, or unless the waste is a D003 reactive cyanide wastewater or nonwastewater.

(3) Combustion of the hazardous waste codes listed in Appendix 54 of this Title is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria (unless otherwise specifically prohibited from combustion):

(i) the waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in section 376.4(j) of this Part;

(ii) the waste consists of organic, debris-like materials (e.g., wood, paper, plastic, or cloth) contaminated with an inorganic metal -bearing hazardous waste;

(iii) the waste, at point of generation, has reasonable heating value such as greater than or equal to 5000 BTU per pound;

(iv) the waste is cogenerated with wastes for which combustion is a required method of treatment;

(v) the waste is subject to Federal and/or State requirements necessitating reduction of organics (including biological agents); or

(vi) the waste contains greater than one percent total organic carbon (TOC).

(4) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.

(d)Treatment surface impoundment exemption.

(1) Wastes which are otherwise prohibited from land disposal under this Part may be treated in a surface impoundment or series of impoundments provided that:

(i) Treatment of such wastes occurs in the impoundments; and

(ii) The following conditions are met:

(a) Sampling and testing. For wastes with treatment standards in section 376.4 of this Part and/or prohibition levels in section 376.3 of this Part, or RCRA section 3004(d), the residues from treatment are analyzed, as specified in subdivision (g) of this section or section 376.3(b) of this Part to determine if they meet the applicable treatment standards or, where no treatment standards have been established for the waste, the applicable prohibition levels. The sampling method, specified in the waste analysis plan under section 373-2.2(e) or 373-3.2(d) of this Title, must be designed such that representative samples of the sludge and the supernatant are tested separately rather than mixed to form homogeneous samples.

(b) Removal. The following treatment residues (including any liquid waste) must be removed at least annually; residues which do not meet the treatment standards promulgated under section 376.4 of this Part; residues which do not meet the prohibition levels established under section 376.3 of this Part or imposed by statute (where no treatment standards have been established); residues which are from the treatment of wastes prohibited from land disposal under section 376.3 of this Part (where no treatment standards have been established and no prohibition levels apply); or residues from managing listed wastes which are not delisted under section 370.3(c) of this Title. If the volume of liquid flowing through the impoundment or series of impoundments annually is greater than the volume of the impoundment or impoundments, this flow-through constitutes removal of the supernatant for the purpose of this requirement.

(c) Subsequent management. Treatment residues may not be placed in any other surface impoundment for subsequent management.

(d) Recordkeeping. Sampling and testing and recordkeeping provisions of sections 373-2.2(e) and 373-3.2(d) of this Title apply.

(iii) The impoundment meets the design requirements of section 373-2.11(b)(3) or 373-3.11(i)(1) of this Title, regardless that the unit may not be new, expanded, or a replacement, and be in compliance with applicable ground water monitoring requirements of sections 373-2.6 and 373-3.6 of this Title unless:

(a) it is exempted pursuant to section 373-2.11(b)(4) or (5), or section 373-3.11(i)(3) or (4) of this Title; or

(b) upon application by the owner or operator, the commissioner, after notice and an opportunity to comment, has granted a waiver of the requirements on the basis that the surface impoundment:

(1) has at least one liner, for which there is no evidence that such liner is leaking;

(2) is located more than one-quarter mile from an underground source of drinking water; and

(3) is in compliance with generally applicable ground water monitoring requirements for facilities with permits; or

(c) upon application by the owner or operator, the commissioner, after notice and an opportunity to comment, has granted a modification to the requirements on the basis of a demonstration that the surface impoundment is located, designed, and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.

(iv) The owner or operator submits to the commissioner a written certification that the requirements of subparagraph (iii) of this paragraph have been met. The following certification is required:

I certify under penalty of law that the requirements of 6 NYCRR 376.1(d)(1)(iii) have been met for all surface impoundments being used to treat restricted wastes. I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

(e)Procedures for case-by-case extensions to an effective date.

(1) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the EPA administrator pursuant to 40 CFR section 268.5, and to the commissioner for an extension to the effective date of any applicable restriction established under section 376.3 of this Part. Before any extension can take effect, the EPA administrator must also have approved the application pursuant to 40 CFR section 268.5. The applicant must demonstrate the following:

(i) they have made a good-faith effort to locate and contract with treatment, recovery, or disposal facilities nationwide to manage their waste in accordance with the effective date of the applicable restriction established under section 376.3 of this Part;

(ii) they have entered into a binding contractual commitment to construct or otherwise provide alternative treatment, recovery (e.g., recycling), or disposal capacity that meets the treatment standards specified in section 376.4 of this Part or, where treatment standards have not been specified, such treatment, recovery, or disposal capacity is protective of human health and the environment;

(iii) due to circumstances beyond the applicant's control, such alternative capacity cannot reasonably be made available by the applicable effective date. This demonstration may include a showing that the technical and practical difficulties associated with providing the alternative capacity will result in the capacity not being available by the applicable effective date;

(iv) the capacity being constructed or otherwise provided by the applicant will be sufficient to manage the entire quantity of waste that is the subject of the application;

(v) they have prepared a detailed schedule for obtaining required operating and construction permits or an outline of how and when alternative capacity will be available;

(vi) they have arranged for adequate capacity to manage their waste during an extension and has documented in the application the location of all sites at which the waste will be managed; and

(v) any waste managed in a surface impoundment or landfill during the extension period will meet the requirements of subparagraph (8)(ii) of this subdivision.

(2) An authorized representative signing an application described under paragraph (1) of this subdivision shall make the following certification:

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

(3) After receiving an application for an extension, the commissioner may request any additional information which is deemed necessary to evaluate the application.

(4) An extension will apply only to the waste generated at the individual facility covered by the application and will not apply to restricted waste from any other facility.

(5) On the basis of the information referred to in paragraph (1) of this subdivision, after notice and opportunity for comment, the commissioner may grant an extension of up to one year from the effective date. The commissioner may renew this extension for up to one additional year upon the request of the applicant if the demonstration required in paragraph (1) of this subdivision can still be made. In no event will an extension extend beyond 24 months from the applicable effective date specified in section 376.3 of this Part. The length of any extension authorized will be determined by the commissioner based on the time required to construct or obtain the type of capacity needed by the applicant as described in the completion schedule discussed in subparagraph (1)(v) of this subdivision. The commissioner will give public notice of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a petition will be published in the New York State Register.

(6) Any person granted an extension under this subdivision must immediately notify the commissioner as soon as that person has knowledge of any change in the conditions certified to in the application.

(7) Any person granted an extension under this subdivision shall submit written progress reports at intervals designated by the commissioner. Such reports must describe the overall progress made toward constructing or otherwise providing alternative treatment, recovery or disposal capacity; must identify any event which may cause or has caused a delay in the development of the capacity; and must summarize the steps taken to mitigate the delay. The commissioner can revoke the extension at any time if the applicant does not demonstrate a good-faith effort to meet the schedule for completion, if the DEC denies or revokes any required permit, if conditions certified in the application change, or for any violation of this Title.

(8) Whenever the commissioner establishes an extension to an effective date under this subdivision, during the period for which such extension is in effect:

(i) the storage restrictions under section 376.5 of this Part do not apply; and

(ii) such hazardous waste may be disposed in a landfill or surface impoundment only if such unit is in compliance with the technical requirements of the following provisions regardless of whether such unit is existing, new, or a replacement or lateral expansion.

(a) the landfill, if in interim status, is in compliance with the requirements of sections 373-3.6 and 373-3.14(j)(1), (3) and (4) of this Title; or

(b) the landfill, if permitted, is in compliance with the requirements of sections 373-2.6 and 373-2.14(c)(3), (4) and (5) of this Title;

(c) the surface impoundment, if in interim status, is in compliance with the requirements of sections 373-3.6 and 373-3.11(i)(1), (3) and (4) of this Title; or

(d) the surface impoundment, if permitted, is in compliance with the requirements of sections 373-2.6 and 373-2.11(b)(3), (4) and (5) of this Title; or

(e) the surface impoundment, if newly subject to section 373-2.11(b)(3), (4), and (5) due to the promulgation of additional listings or characteristics for the identification of hazardous waste, is in compliance with the requirements of section 373-2.6 of this Title within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of section 373-2.11(b)(3), (4) and (5) of this Title within 48 months after the promulgation of additional listings or characteristics of hazardous waste. If a national capacity variance is granted, pursuant to paragraph (a)(5) of this section, during the period the variance is in effect, the surface impoundment, if newly subject to section 373-2.11(b)(3), (4) and (5) due to the promulgation of additional listings or characteristics of hazardous waste, is in compliance with the requirements of section 373-2.6 of this Title within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of section 373-2.11(b)(3), (4) and (5) of this Title within 48 months after the promulgation of additional listings or characteristics of hazardous waste; and

(f) for the purpose of implementing clause (e) of this subparagraph, 12 and 48 month periods specified will run concurrently with EPA established schedules, from the date of the initial promulgation of listings or characteristics by the EPA, as well as national capacity variances, pursuant to this Part and 40 CFR part 268 (see section 370.1[e] of this Title).

(9) Pending a decision on the application the applicant is required to comply with all restrictions on land disposal under this Part once the effective date for the waste has been reached.

(f)Petitions to allow land disposal of a waste prohibited under section 376.3 of this Part.

(1) Any person seeking an exemption from a prohibition under section 376.3 of this Part for the disposal of a restricted hazardous waste in a particular unit or units must submit a petition to the EPA administrator pursuant to 40 CFR section 268.6 and the commissioner demonstrating, to a reasonable degree of certainty, that there will be no migration of hazardous constituents from the disposal unit for as long as the wastes remain hazardous. Before any extension can take effect, the EPA administrator must also have approved the application pursuant to 40 CFR section 268.6. The demonstration must include the following components:

(i) an identification of the specific waste and the specific unit for which the demonstration will be made;

(ii) a waste analysis to describe fully the chemical and physical characteristics of the subject waste;

(iii) a comprehensive characterization of the disposal unit site including an analysis of background air, soil, and water quality;

(iv) a monitoring plan that detects migration at the earliest practicable time; and

(v) sufficient information to assure the commissioner that the owner or operator of a land disposal unit receiving restricted waste(s) will comply with other applicable Federal and State laws.

(2) The demonstration referred to in paragraph (1) of this subdivision must meet the following criteria:

(i) all waste and environmental sampling, test, and analysis data must be accurate and reproducible to the extent that state-of-the-art techniques allow;

(ii) all sampling, testing, and estimation techniques for chemical and physical properties of the waste and all environmental parameters must have been approved by the commissioner;

(iii) simulation models must be calibrated for the specific wastes and site conditions, and verified for accuracy by comparison with actual measurements;

(iv) a quality assurance and quality control plan that addresses all aspects of the demonstration must be approved by the commissioner; and

(v) an analysis must be performed to identify and quantify any aspects of the demonstration that contribute significantly to uncertainty. This analysis must include an evaluation of the consequences of predictable future events, including, but not limited to, earthquakes, floods, severe storm events, droughts, or other natural phenomena.

(3) Each petition referred to in paragraph (1) of this subdivision must include the following:

(i) a monitoring plan that describes the monitoring program installed at and/or around the unit to verify continued compliance with the conditions of the exemption. This monitoring plan must provide information on the monitoring of the unit and/or the environment around the unit. The following specific information must be included in the plan:

(a) the media monitored in the cases where monitoring of the environment around the unit is required;

(b) the type of monitoring conducted at the unit, in the cases where monitoring of the unit is required;

(c) the location of the monitoring stations;

(d) the monitoring interval (frequency of monitoring at each station);

(e) the specific hazardous constituents to be monitored;

(f) the implementation schedule for the monitoring program;

(g) the equipment used at the monitoring stations;

(h) the sampling and analytical techniques employed; and

(i) the data recording/reporting procedures;

(ii) where applicable, the monitoring program described in subparagraph (i) of this paragraph must be in place for a period of time specified by the commissioner, as part of the approval of the petition, prior to receipt of prohibited waste at the unit;

(iii) the monitoring data collected according to the monitoring plan specified under subparagraph (i) of this paragraph must be sent to the commissioner according to a format and schedule specified and approved in the monitoring plan;

(iv) a copy of the monitoring data collected under the monitoring plan specified under subparagraph (i) of this paragraph must be kept on-site at the facility in the operating record;

(v) the monitoring program specified under subparagraph (i) of this paragraph must meet the following criteria:

(a) all sampling, testing, and analytical data must be approved by the commissioner and must provide data that is accurate and reproducible;

(b) all estimation and monitoring techniques must be approved by the commissioner; and

(c) a quality assurance and quality control plan addressing all aspects of the monitoring program must be provided to and approved by the commissioner.

(4) Each petition must be submitted to the commissioner.

(5) After a petition has been approved, the owner or operator must report any changes in conditions at the unit and/or the environment around the unit that significantly depart from the conditions described in the exemption and affect the potential for migration of hazardous constituents from the units as follows:

(i) If the owner or operator plans to make changes to the unit design, construction, or operation, such a change must be proposed, in writing, and the owner or operator must submit a demonstration to the commissioner at least 30 days prior to making the change. The commissioner will determine whether the proposed change invalidates the terms of the petition and will determine the appropriate response. Any change must be approved by the commissioner prior to being made.

(ii) If the owner or operator discovers that a condition at the site which was modeled or predicted in the petition does not occur as predicted, this change must be reported, in writing, to the commissioner within 10 days of discovering the change. The commissioner will determine whether the reported change from the terms of the petition requires further action, which may include termination of waste acceptance and revocation of the petition, petition modifications, or other responses.

(6) If the owner or operator determines that there is migration of hazardous constituent(s) from the unit, the owner or operator must:

(i) immediately suspend receipt of prohibited waste at the unit;

(ii) notify the commissioner, in writing, within 10 days of the determination that a release has occurred; and

(iii) following receipt of the notification, the commissioner will determine within 60 days of receiving notification, whether the owner or operator can continue to receive prohibited waste in the unit and whether the exemption is to be revoked. The commissioner shall also determine whether further examination of any migration is warranted under applicable provisions of Subpart 373-2 or 373-3 of this Title.

(7) Each petition must include the following statement signed by the petitioner or an authorized representative:

I certify under penalty of law that I have personally examined and am familiar with the information submitted in this petition and all attached documents, and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.

(8) After receiving a petition, the commissioner may request any additional information that reasonably may be required to evaluate the demonstration.

(9) If approved, the petition will apply to land disposal of the specific restricted waste at the individual disposal unit described in the demonstration and will not apply to any other restricted waste at that disposal unit, or to that specific restricted waste at any other disposal unit.

(10) The commissioner will give public notice in the New York State Register of the intent to approve or deny a petition and provide an opportunity for public comment. The final decision on a petition will be published in the New York State Register.

(11) The term of a petition granted under this section shall be no longer than the term of the Part 373 permit if the disposal unit is operating under a Part 373 permit, or up to a maximum of 10 years from the date of approval provided under paragraph (7) of this subdivision if the unit is operating under interim status. In either case, the term of the granted petition shall expire upon the termination or denial of a Part 373 permit, or upon the termination of interim status or when the volume limit of waste to be land disposed during the term of petition is reached.

(12) Prior to the commissioner's decision, the applicant is required to comply with all restrictions on land disposal under this Part once the effective date for the waste has been reached.

(13) The petition granted by the commissioner does not relieve petitioners of their responsibilities in the management of hazardous waste under Parts 370 through 376.

(14) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations greater than or equal to 50 ppm are not eligible for an exemption under this subdivision.

(g)Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities.

(1) Requirements for generators:

(i) A generator of a hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in section 376.4(a), (f), (g) or (k) of this Part. This determination can be made concurrently with the hazardous waste determination required in paragraph 372.2(a)(2) of this Title in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using 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, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. (Alternatively, the generator must send the waste to a RCRA-permitted hazardous waste treatment facility, where the waste treatment facility must comply with the requirements of 373-2.2[e] of this Title and paragraph [2] of this subdivision.) In addition, some hazardous wastes and some soils that are contaminated by such hazardous wastes must be treated by particular treatment methods before they can be land disposed. These treatment standards are also found in section 376.4(a) of this Part, and are described in detail in section 376.4(c), Table 1 of this Part. These wastes, and soils contaminated with such wastes, do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste or a soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, the generator must comply with the special requirements of subdivision (h) of this section in addition to any applicable requirements in this subdivision.

(ii) If the waste or contaminated soil does not meet the treatment standards, or if the generator chooses not to make the determination of whether the generator's waste must be treated, with the initial shipment of waste to each treatment or storage facility, the generator must send a one time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column "section 376.1(g)(1)(ii)" of the Generator Paperwork Requirements Table in subparagraph (iv) of this paragraph. (Alternatively, if the generator chooses not to make the determination of whether the waste must be treated, the notification must include the EPA Hazardous Waste Numbers and Manifest Number of the first shipment and must state "This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility must make the determination.") No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.

(iii) If the waste or contaminated soil meets the treatment standard at the original point of generation:

(a) with the initial shipment of waste to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice must include the information indicated in column "section 376.1(g)(1)(iii)" of the Generator Paperwork Requirements Table in subparagraph (iv) of this paragraph, and the following certification statement, signed by an authorized representative:

"I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in 6 NYCRR section 376.4. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment."

(b) for contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each facility receiving the waste and place a copy in the file. The notice must include the information in column "section 376.1(g)(1)(iii)" of the Generator Paperwork Requirements Table in subparagraph (iv) of this paragraph; and

(c) if the waste changes, the generator must send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under section 371.1(d)(5) of this Title are not subject to these requirements.

(iv) For reporting, tracking and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed: there are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under subdivision (e) of this section, disposal in a no-migration unit under subdivision (f) of this section, or a national capacity variance or case-by-case capacity variance under section 376.3 of this Part. If a generator's waste is so exempt, then with the initial shipment of waste, the generator must send a one-time written notice to each land disposal facility receiving the waste. The notice must include the information indicated in column "section 376.1(g)(1)(iv)" of the Generator Paperwork Requirements Table below. If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in their files.

Generator Paperwork Requirements Table

Required Information	Section 376.1(g)(1)(ii)	Section 376.1(g)(1)(iii)	Section 376.1(g)(1)(iv)	Section 376.1(g)(1)(ix)
1. EPA hazardous waste numbers and manifest number of first shipment	[TICK]	[TICK]	[TICK]	[TICK]
2. Statement: this waste is not prohibited from land disposal	[TICK]
3. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice.	[TICK]	[TICK]
4. The notice must include the applicable wastewater/nonwastewater category (see subparagraphs [b][1][iv] and [vi] of this section) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide)	[TICK]	[TICK]
5. Waste analysis data (when available)	[TICK]	[TICK]	[TICK]
6. Date the waste is subject to the prohibition	[TICK]
7. For hazardous debris, when treating with the alternative treatment technologies provided by section 376.4(g) of this Part: the contaminants subject to treatment, as described in section 376.4(g)(2) of this Part; and an indication that these contaminants are being treated to comply with section 376.4(g) of this Part	[TICK]	[TICK]
8. For contaminated soil subject to LDRs as provided in section 376.4(k)(1) of this Part, the constituents subject to treatment as described in section 376.4(k)(4) of this Part, and the following statement: This contaminated soil (does/does not) contain listed hazardous waste and (does/does not) exhibit a characteristic of hazardous waste and (is subject to/complies with) the soil treatment standards as provided by section 376.4(k)(3) of this Part or the universal treatment standards	[TICK]	[TICK]
9. A certification is needed (see applicable subdivision for exact wording)	[TICK]	[TICK]

(v) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under section 372.2(a)(8) of this Title, to meet applicable LDR treatment standards found in section 376.4(a) of this Part, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards in Table 1, section 376.4[g] of this Part, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met:

(a) The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this Part, including the selected testing frequency.

(b) Such plan must be kept in the facility's on-site files and made available to inspectors.

(c) Wastes shipped off-site pursuant to this paragraph must comply with the notification requirements of subparagraph (iii) of this paragraph.

(vi) If a generator determines that the waste or contaminated soil is restricted based solely on generator knowledge of the waste, all supporting data used to make this determination must be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the 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), and all waste analysis data must be retained on-site in the generator's files.

(vii) If a generator determines that the generator is managing a prohibited waste that is excluded from the definition of hazardous or solid waste or is exempted from hazardous waste regulation, under section 371.1(c) through (g) of this Title subsequent to the point of generation (including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the Clean Water Act [CWA] as specified in section 371.1[e][1][ii] of this Title, or that are CWA-equivalent), or are managed in an underground injection well regulated by the SDWA and permitted under SPDES, the generator must place a one-time notice describing such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from hazardous waste regulation, Parts 370 through 374 and Part 376, of this Title, and the disposition of the waste, in the facility's on-site files.

(viii) Generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this subdivision for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner. The requirements of this paragraph apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under section 371.1(c) through (g) of this Title, or exempted from hazardous waste regulations, Parts 370 through 374 and 376 of this Title, subsequent to the point of generation.

(ix) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found in section 376.4(c)(3) of this Part:

(a) With the initial shipment of waste to a treatment facility, the generator must submit a notice that provides the information in column "section 376.1(g)(1)(ix)" in the Generator Paperwork Requirements Table of subparagraph (iv) of this paragraph, and the following certification, which must be signed by an authorized representative:

"I certify under penalty of law that I personally have examined and I am familiar with the waste and that the lab pack contains only wastes that have not been excluded under 6 NYCRR Appendix 38 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs in 6 NYCRR section 376.4(c)(3). I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment."

(a) A copy of the notice and certification statement must be placed in the generator's files.

(b) No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification must be sent and a copy placed in the generator's file.

(c) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in paragraph [b][1] of this section) need not be determined.

(d) The generator must also comply with the requirements in subparagraphs (vi) and (vii) of this paragraph.

(x) Small quantity generators with tolling agreements pursuant to section 372.2(b)(7) of this Title must comply with the applicable notification and certification requirements of this paragraph for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner.

(2) Requirements for treatment facilities: Treatment facilities must test their wastes according to the frequency specified in their waste analysis plan as required by section 373-2.2(e) (for permitted TSD's) or 373-3.2(d) (for interim status of facilities) of this Title. Such testing must be performed as provided in subparagraphs (i), (ii) and (iii) of this paragraph.

(i) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste extract (TCLP), the owner or operator of the treatment facility must test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described 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), to assure that the treatment residues extract meet the applicable treatment standards.

(ii) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility must test the treatment residues (not an extract of such residues) to assure that they meet the applicable treatment standards.

(iii) A one time notice must be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice must be placed in the treatment facility's file.

(a) No further notification is necessary until such time that the waste or receiving facility change, in which case a new notice must be sent and a copy placed in the treatment facility's file.

(b) The one-time notice must include these requirements:

Treatment Facility Paperwork Requirements Table

Required Information	Section 376.1(g)(2)
1. EPA Hazardous Waste Numbers and Manifest Number of first shipment _____________	[TICK]
2. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice _____________
3. The notice must include the applicable wastewater/nonwastewater category (see subparagraphs [b][1][iv] and [vi] of this section) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide) _____________	[TICK]
4. Waste analysis data (when available) ____________________	[TICK]
5. For contaminated soil subject to LDRs as provided in 376.4(k)(1) of this Part, the constituents subject to treatment as described in section 376.4(k)(4) of this Part, and the following statement: "This contaminated soil (does/does not) contain listed hazardous waste and (does/does not) exhibit a characteristic of hazardous waste and (is subject to/complies with) the soil treatment standards as provided by section 376.4(k)(3) of this Part." _____________
6. A certification statement is needed (see applicable subdivision for exact wording) ___	[TICK]

(iv) The treatment facility must submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification must state:

"I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in 6 NYCRR section 376.4(a) without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

A certification is also necessary for contaminated soil and it must state: "I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in 6 NYCRR 376.4(k) without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprison

(a) A copy of the certification must be placed in the treatment facility's on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification must be sent to the receiving facility, and a copy placed in the file.

(b) Debris excluded from the definition of hazardous waste under section 371.1(d)(5) of this Title (i.e., debris treated by an extraction or destruction technology provided by Table 1, section 376.4[g] of this Part, and the debris that the commissioner has determined does not contain hazardous waste), however, is subject to the notification and certification requirements of paragraph (4) of this subdivision rather than the certification requirements of this subparagraph.

(c) For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in section 376.4(a)(4) of this Part, the certification, signed by an authorized representative, must state the following:

"I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in section 376.4(c), Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(d) For characteristic wastes that are subject to the treatment standards in section 376.4(a) of this Part (other than those expressed as a method of treatment), or section 376.4(k) of this Part, and that contain underlying hazardous constituents as defined in subdivision (b) of this section; if these wastes are treated on-site to remove the hazardous characteristic; and are then sent off-site for treatment of underlying hazardous constituents, the certification must state the following:

"I certify under penalty of law that the waste has been treated in accordance with the requirements of 6 NYCRR 376.4(a) or 376.4(k) of this Part to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(e) For characteristic wastes that contain underlying hazardous constituents as defined in subdivision (b) of this section that are treated on-site to remove the hazardous characteristic and to treat underlying hazardous constituents to levels in section 376.4(j) of this Part Universal Treatment Standards of this Part, the certification must state the following:

"I certify under penalty of law that the waste has been treated in accordance with the requirements of 6 NYCRR 376.4(a) of this Part to remove the hazardous characteristic and that underlying hazardous constituents, as defined in 6 NYCRR 376.1(b) have been treated on-site to meet the 6 NYCRR 376.4(j) of this Part Universal Treatment Standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(v) If the waste or treatment residue will be further managed at a different treatment, storage or disposal facility, the treatment, storage, or disposal facility sending the waste or treatment residue off-site must comply with the notice and certification requirements applicable to generators under this subdivision.

(vi) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of section 374-1.3(a)(2) of this Title regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) must, for the initial shipment of waste, prepare a one-time certification described in subparagraph (iv) of this paragraph, and a one-time notice which includes the information in subparagraph (iii) of this paragraph (except the manifest number). The certification and notification must be placed in the facility's on-site files. If the waste or the receiving facility changes, a new certification and notification must be prepared and placed in the on-site files. In addition, the recycling facility also must keep records of the name and location of each entity receiving the hazardous waste derived product.

(3) Requirements for disposal facilities: Except where the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal pursuant to section 374-1.3(a)(2) of this Title, the owner or operator of any land disposal facility disposing any waste subject to restrictions under this Part must:

(i) have copies of the notice and certifications specified in paragraph (1) or (2) of this subdivision; and

(ii) test the waste, or an extract of the waste or treatment residue developed using the test method 1311 (the Toxicity Characteristic Leaching Procedure), described 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), to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in section 376.4 of this Part. Such testing must be performed according to the frequency specified in the facility's waste analysis plan as required by section 373-2.2(e) or 373-3.2(d) of this Title.

(4) Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under section 371.1(d)(5) of this Title, (i.e., debris treated by an extraction or destruction technology provided by Table 1, section 376.4[g] of this Part, and debris that the commissioner has determined does not contain hazardous waste) are subject to the following notification and certification requirements:

(i) a one-time notification, including the following information, must be submitted to the commissioner:

(a) the name and address of the authorized Part 360 facility receiving the treated debris;

(b) a description of the hazardous debris as initially generated, including the applicable EPA or NYS hazardous waste number(s); and

(c) for debris excluded under section 371.1(d)(5)(i) of this Title, the technology from Table 1, section 376.4(g) of this Part, used to treat the debris;

(ii) the notification must be updated if the debris is shipped to a different facility, and, for debris excluded under section 371.1(d)(5)(i) of this Title, if a different type of debris is treated or if a different technology is used to treat the debris;

(iii) for debris excluded under section 371.1(d)(5)(i) of this Title, the owner or operator of the treatment facility must document and certify compliance with the treatment standards in Table 1, section 376.4(g) of this Part as follows:

(a) records must be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;

(b) records must be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit, and;

(c) for each shipment of treated debris, a certification of compliance with the treatment standards must be signed by an authorized representative and placed in the facility's files. The certification must state the following:

"I certify under penalty of law that the debris has been treated in accordance with the requirements of 6 NYCRR 376.4(g). I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."

(5) Generators and treaters who first receive from USEPA or the State a determination that a given contaminated soil subject to LDRs as provided in section 376.4(k)(1) of this Part no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in section 376.4(k)(1) of this Part no longer exhibits a characteristic of hazardous waste must:

(i) prepare a one-time only documentation of these determinations including all supporting information; and

(ii) maintain that information in the facility files and other records for a minimum of three years.

(h)Special rules regarding wastes that exhibit a characteristic.

(1) The initial generator of a solid waste must determine each EPA hazardous waste number (waste code) applicable to the waste in order to determine the applicable treatment standards under section 376.4 of this Part. This determination may be made concurrently with the hazardous waste determination required in section 372.2(a)(2) of this Title. For purposes of this Part, the waste will carry the waste code for any applicable listed waste (section 371.4 of this Title). In addition, where the waste exhibits a characteristic, the waste will carry one or more of the characteristic waste codes (section 371.3 of this Title), except when the treatment standard for the listed waste operates in lieu of the treatment standards for the characteristic waste, as specified in paragraph (2) of this subdivision. If the generator determines that their waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, or POLYM of section 376.4[c], Table 1 of this Part), the generator must determine the underlying hazardous constituents (as defined in paragraph [b][1] of this section), in the characteristic waste.

(2) Where a prohibited waste is both listed under section 371.4 of this Title and exhibits a characteristic under section 371.3, the treatment standard for the waste code listed in section 371.4 will operate in lieu of the standard for the waste code under section 371.3, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for all applicable listed and characteristic waste codes.

(3) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a characteristic under section 371.3 of this Title may be land disposed unless the waste complies with the treatment standards under section 376.4 of this Part.

(4) Wastes that exhibit a characteristic are also subject to subdivision (g) of this section requirements, except that once the waste is no longer hazardous, a one-time notification and certification must be placed in the generators' or treaters' on-site files. The notification and certification must be updated if the process or operation generating the waste changes and/or if the Part 360 facility receiving the waste changes.

(i) The notification must include the following information:

(a) the name and address of the authorized Part 360 facility receiving the waste shipment; and

(b) a description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s) and underlying hazardous constituents (as defined in subdivision [b] of this section), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.

(ii) The certification must be signed by an authorized representative and must state the language found in subparagraph (g)(2)(iv) of this section.

(a) If treatment removes the characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in clause (g)(2)(iv)(d) of this section applies.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 376.1

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