N.Y. Comp. Codes R. & Regs. tit. 6 § 376.3

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

Section 376.3 - Prohibitions on land disposal

(a)Waste specific prohibitions-wood preserving wastes.

(1) The following wastes are prohibited from land disposal: the wastes specified in Part 371 of this Title, as EPA hazardous waste numbers F032, F034, and F035.

(2) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA hazardous waste numbers F032, F034, and F035.

(3) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in section 376.1(e)(8)(ii) of this Part.

(4) The requirements of paragraphs (1) and (2) of this subdivision do not apply if:

(i) the wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) persons have been granted an exemption from a prohibition pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 376.4(e) of this Part; or

(iv) persons have been granted an extension to the effective date of a prohibition pursuant to section 376.1(e) of this Part, with respect to those wastes covered by the extension.

(5) To determine whether a hazardous waste identified in this subdivision exceeds the applicable treatment standards specified in section 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable universal treatment standard levels of section 376.4(j) of this Part, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

(b)Waste specific prohibitions-toxicity characteristic metal wastes.

(1) The following wastes are prohibited from land disposal: the wastes specified in Part 371 of this Title as EPA Hazardous Waste numbers D004-D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specifications at Part 371 of this Title.

(2) The following waste is prohibited from land disposal: slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the presence of one or more metals.

(3) The following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA Hazardous wastes D004 - D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris.

(4) [Reserved]

(5) The requirements of paragraphs (1) and (2) of this subdivision do not apply if:

(i) the wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) persons have been granted an exemption from a prohibition pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under sections 376.4(e) and 376.1(a)(5) of this Part; or

(iv) persons have been granted an extension to the effective date of a prohibition pursuant to section 376.1(e) of this Part, with respect to these wastes covered by the extension.

(6) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable Universal Treatment Standard levels of section 376.4(j) of this Part, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

(c)Waste specific prohibitions-chlorinated aliphatic wastes.

(1) The wastes specified in Part 371 of this Title as EPA Hazardous Wastes Numbers K174 and K175, soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

(2) The requirements of paragraph (1) of this subdivision do not apply if:

(i) the wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) persons have been granted an exemption from a prohibition pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) the wastes meet the applicable treatment standards established pursuant to a petition granted under section 376.4(e) of this Part;

(iv) hazardous debris has met the treatment standards in section 376.4(a) of this Part or the alternative treatment standards in section 376.4(g) of this Part; or

(v) persons have been granted an extension to the effective date of a prohibition pursuant to section 376.4(e) of this Part, with respect to these wastes covered by the extension.

(3) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable levels of section 376.4 of this Part, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

(4) Disposal of K175 wastes that have complied with all applicable section 376.4(a) of this Part treatment standards must also be macroencapsulated in accordance with section 376.4(g) Table 1 of this Part unless the waste is placed in:

(i) a Part 360 of this Title monofill containing only K175 wastes that meet all applicable section 376.4(a) of this Part treatment standards; or

(ii) a dedicated Part 360 of this Title landfill cell in which all other wastes being co-disposed are at pH less than or equal to 6.0.

(d)Effective dates for newly listed or identified wastes.

(1) For any newly listed or identified wastes that have effective or prohibition dates established by EPA that precede the promulgation date in New York State, the effective or prohibition date, for the purposes of this Part, will be the New York State promulgation date for such wastes.

(2) Any variance, case-by-case extension, or exemption from the land disposal restrictions granted by the EPA, for newly listed or identified wastes, will be addressed in New York State pursuant to section 376.1(a)(5) of this Part, and, if granted, effective or prohibition dates associated with these variances, extensions, or exemptions will be established by the commissioner.

(e)Waste specific prohibitions-ignitable and corrosive characteristic wastes.

(1) The wastes specified in section 371.3(b) of this Title as D001 (and is not in the high TOC ignitable liquids subcategory), and specified in section 371.3(c) of this Title as D002, that are managed in systems other than those whose discharge is regulated under titles 7 and 8 of article 17 of the ECL, the Clean Water Act (CWA) (see section 370.l[e] of this Title), or that inject in Class 1 deep wells regulated under the Safe Drinking Water Act (SDWA) (see section 370.1[e] of this Title), or that are zero dischargers that engage in titles 7 and 8 or CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. Titles 7 and 8 and/or CWA-equivalent treatment means biological treatment for organic, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies.

(2) The wastes specified in section 371.3(b) of this Title as D001 (and is not in the high TOC ignitable liquids subcategory), and specified in section 371.3(c) of this Title as D002, that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) (see section 370.1[e] of this Title) as Class V injection wells, that do not engage in CWA-equivalent treatment before injection, are prohibited from land disposal.

(f)Waste specific prohibitions-newly identified organic toxicity characteristic wastes and newly listed coke by-product and chlorotoluene production wastes.

(1) All hazardous waste listed or identified in this Part or Part 371 of this Title, which have a disposal prohibition or treatment standard, are prohibited from land disposal, unless treatment standards are met. Debris contaminated with EPA hazardous waste numbers F037, F038, K107 through K112, K117, K118, K123 through K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012 through D043, K141 through K145, and K147 through K151 are prohibited from land disposal. The following wastes that are specified in section 371.3(e), Table 1, of this Title, as EPA hazardous waste numbers: D012 through D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or title 7 or 8 of article 17 of the ECL, or that are zero dischargers that do not engage in CWA - equivalent treatment before ultimate land disposal, or that are injected in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), are prohibited from land disposal. CWA - equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.

(2) Radioactive wastes that are mixed with D018-D043 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or title 7 or 8 of article 17 of the ECL, or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K141-K145, and K147-K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

(3) Until September 19, 1996, the wastes included in paragraph (2) of this subdivision may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in section 376.1(e)(8)(ii) of this Part.

(4) The requirements of paragraphs (1), (2) and (3) of this subdivision do not apply if:

(i) the wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) persons have been granted an exemption from a prohibition pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 376.4(e) of this Part; or

(iv) persons have been granted an extension to the effective date of a prohibition pursuant to section 376.1(e) of this Part, with respect to these wastes covered by the extension.

(5) To determine whether a hazardous waste identified in this subdivision exceeds the applicable treatment standards specified in section 376.4(a) of this Title, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable levels specified in section 376.4 of this Part, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

(g)Waste specific prohibitions-spent aluminum potliners; reactive; and carbamate wastes.

(1) The wastes specified in section 371.4(c) of this Title, as EPA hazardous waste numbers K156 through K159, and K161; and in section 371.4(d) of this Title, as EPA hazardous waste numbers P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404 and U409 through U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

(2) The wastes identified in section 371.3(d) of this Title, as D003 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA), and SPDES permit issued under titles 7 and 8 of article 17 of the Environmental Conservation Law or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal [see section 376.4(a) of this Part].)

(3) The wastes specified in section 371.4(c) of this Title, as EPA hazardous waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.

(4) On April 8, 1998, radioactive wastes mixed with K088, K156 through K159, K161, P127, P128, P185, P188 through P192, P194, P196 through P199, P201 through P205, U271, U278 through U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409 through U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.

(5) Between July 8, 1996 and April 8, 1998, the wastes included in paragraphs (1), (3) and (4) of this subdivision may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in section 376.1(e)(8)(ii) of this Part.

(6) The requirements of paragraphs (1), (2), (3) and (4) of this subdivision do not apply if:

(i) the wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) persons have been granted an exemption from a prohibition pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 376.4(e) of this Part;

(iv) persons have been granted an extension to the effective date of a prohibition pursuant to section 376.1(e) of this Part, with respect to these wastes covered by the extension.

(7) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 376.4(a) of this Part, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable section 376.4 of this Part levels, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

(h)Waste specific prohibitions-soils exhibiting the toxicity characteristic for metals and containing PCBs.

(1) The following wastes are prohibited from land disposal: any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (D004-D011) and containing PCBs.

(2) The requirements of paragraph (1) of this subdivision do not apply if:

(i)

(a) the wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and

(b) the wastes meet the treatment standards specified in section 376.4 of this Part for EPA hazardous waste numbers D004-D011, as applicable; or

(ii)

(a) the wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and

(b) the wastes meet the alternative treatment standards specified in section 376.4(k) of this Part; or

(iii) persons have been granted an exemption from a prohibition pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition; or

(iv) the wastes meet applicable alternative treatment standards established pursuant to a petition granted under section 376.4(e) of this Part.

(i)Waste specific prohibitions-inorganic chemical wastes.

(1) The wastes specified in Part 371 of this Title as EPA Hazardous Wastes Numbers K176, K177, and K178, and soil and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.

(2) The requirements of paragraph (1) of this subdivision do not apply if:

(i) the wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) persons have been granted an exemption from a prohibition pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) the wastes meet the applicable treatment standards established pursuant to a petition granted under section 376.4(e) of this Part;

(iv) hazardous debris has met the treatment standards in section 376.4(a) of this Part or the alternative treatment standards in section 376.4(g) of this Part; or

(v) persons have been granted an extension to the effective date of a prohibition pursuant to section 376.4(e) of this Part, with respect to these wastes covered by the extension.

(j)Waste specific prohibitions - dyes and/or pigments production wastes.

(1) Effective August 23, 2005, the waste specified in Part 371 of this Title as EPA Hazardous Waste Number K181, and soil and debris contaminated with this waste, radioactive wastes mixed with this waste, and soil and debris contaminated with radioactive wastes mixed with this waste are prohibited from land disposal.

(2) The requirements of paragraph (1) of this subdivision do not apply if:

(i) the wastes meet the applicable treatment standards specified in section 376.4 of this Part;

(ii) persons have been granted authorization to land dispose waste pursuant to a petition under section 376.1(f) of this Part, with respect to those wastes and units covered by the petition;

(iii) the wastes meet the applicable treatment standards established pursuant to a petition granted under section 376.4(e) of this Part;

(iv) Hazardous debris has met the treatment standards in section 376.4(a) of this Part, or the alternative treatment standards in section 376.4(g) of this Part; or

(v) persons have been granted an extension to the effective date of a prohibition pursuant to section 376.1(e) of this Part, with respect to these wastes covered by the extension.

(3) To determine whether a hazardous waste identified in this subdivision exceeds the applicable treatment standards specified in subdivision 376.4(a) of this section, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract of the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable section 376.4 of this Part levels, the waste is prohibited from land disposal, and all requirements of this Part are applicable, except as otherwise specified.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 376.3

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