6 CRR-NY 372.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER IV. QUALITY SERVICES
SUBCHAPTER B. SOLID WASTES
PART 372. HAZARDOUS WASTE MANIFEST SYSTEM AND RELATED STANDARDS FOR GENERATORS, TRANSPORTERS AND FACILITIES
6 CRR-NY 372.2
6 CRR-NY 372.2
372.2 Standards applicable to generators of hazardous waste.
The following requirements are applicable to generators of hazardous waste unless specifically exempted or modified elsewhere in this Part.
(a) General requirements.
(1) Within 90 days after promulgation or revision of Part 371 of this Title, any person generating wastes not previously regulated as hazardous waste must file with the commissioner a notification stating location and general description of the activity responsible for the generation of the waste and the hazardous wastes handled by such person. No hazardous waste subject to the regulations in this Title may be transported, treated, stored or disposed of unless the department has been notified of these activities as required in this section or as required under Part 373 of this Title before the effective date of this Part.
(2) Hazardous waste determination. A person who generates a solid waste must determine if that waste is a hazardous waste using the following method:
(i) First determine if the waste is excluded from regulation under section 371.1(e), exclusions, of this Title.
(ii) Then determine if the waste is listed as a hazardous waste in section 371.4 of this Title.
Note:
Even if the waste is listed, the generator still has an opportunity under section 370.3(c) of this Title to demonstrate that the waste from his particular facility or operation is not a hazardous waste.
(iii) For purposes of compliance with Part 376 of this Title or if the waste is not listed as a hazardous waste in section 371.4 of this Title, the generator must then determine whether the waste is identified in section 371.3 of this Title by either:
(a) testing the waste according to the methods set forth in Appendix 19, 20 or 21, infra, or according to an equivalent method approved under section 370.3(b) of this Title; or
(b) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used;
(iv) if the waste is determined to be hazardous, the generator must refer to Parts 370 through 374 and 376 of this Title, for possible exclusions or restrictions pertaining to management of the specific waste. Hazardous waste annual reporting requirements are set forth in paragraph (c)(2) of this section. Hazardous waste annual reports must also be filed by facilities subject to ECL section 72-0402.
(3) EPA identification numbers.
(i) A generator must not treat, store, dispose of, transport or offer for transportation, hazardous waste without having received an EPA identification number as defined in section 370.2(b) of this Title. (To obtain an EPA identification number, use the Notification of Regulated Waste Activity form [EPA Form 8700-12], available at http://www.epa.gov.)
(ii) A generator must not offer hazardous waste to transporters or to treatment, storage or disposal facilities that have not received an EPA identification number.
(4) Packaging. Before transporting hazardous waste or offering waste for transportation offsite, a generator must package the waste in accordance with the applicable U.S. Department of Transportation regulations on packaging set forth in 49 CFR parts 173, 178 and 179 (see section 370.1[e] of this Title).
(5) Labeling. Before transporting or offering hazardous waste for transportation offsite, a generator must label each package in accordance with the applicable U.S. Department of Transportation regulations (49 CFR part 172) (see section 370.1[e] of this Title).
(6) Marking.
(i) Before transporting or offering hazardous waste for transportation offsite, a generator must mark each package in accordance with the applicable U.S. Department of Transportation regulations (49 CFR part 172) (see section 370.1[e] of this Title).
(ii) Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must mark each container of 119 gallons or less used in such transportation with the following words and information in accordance with the requirements of 49 CFR 172.304, as incorporated by reference (see section 370.1[e] of this Title):
HAZARDOUS WASTE- Federal Law prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
Generator's Name and Address
 
Generator's EPA Identification Number
 
Manifest Tracking Number
 
(iii) The marking required in this paragraph:
(a) must be durable, in English, and printed on or affixed to the surface of a package or on a label, tag or sign;
(b) must be displayed on a background of sharply contrasting color;
(c) must be unobscured by labels or attachments; and
(d) must be located away from any other marking (such as advertising) that could substantially reduce its effectiveness.
(7) Placarding. Before transporting hazardous waste or offering hazardous waste for transportation offsite, a generator must placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials (49 CFR part 172, subpart F) (see section 370.1[e] of this Title).
(8) Accumulation time.
(i)
(a) A generator may accumulate as much as 55 gallons of non-acute hazardous waste, or as much as either one quart of liquid acute hazardous waste listed in section 371.4(b) or (d)(5) of this Title, one quart of containerized gas acute hazardous waste listed in section 371.4(b) or (d)(5) of this Title, or one kilogram (2.2 lbs) of solid acute hazardous waste listed in section 371.4(b) or (d)(5) of this Title, in containers at or near any point of generation where wastes initially accumulate, which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with subparagraphs (ii) or (iii) of this paragraph provided the generator:
(1) complies with section 373-3.9(b)-(d) of this Title; and
(2) marks the containers with the words "Hazardous Waste" and with other words that identify the contents of the containers.
(b) A generator who accumulates either non-acute hazardous waste, or acute hazardous waste listed in section 371.4(b) or (d)(5) of this Title, in excess of the amounts listed in clause (a) of this subparagraph at or near any point of generation must, with respect to that amount of excess waste, comply within three consecutive calendar days with subparagraph (ii) of this paragraph or other applicable provisions of this Title. During the three-consecutive-calendar-day period, the generator must continue to comply with subclause (i)(a)(1) and clause (i)(a)(2) of this paragraph. The generator must mark the container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
(ii) Except as provided in subparagraphs (iii), (iv), and (v) of this paragraph, a generator may accumulate hazardous waste on-site of generation for a period of 90 days or less under the provisions of section 373 1.1(d)(1)(iii), (iv), (xix) and (xx) of this Title. The date upon which each period of accumulation begins must be clearly marked and visible for inspection on all containers.
Note:
A similar exemption is provided in section 373-1.1(d)(1)(xiv) which may exempt a facility from permitting and interim status standards.
(iii) A generator who generates more than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month may accumulate nonacute hazardous waste onsite for 180 days or less without being subject to the permitting provisions of Part 373 of this Title, provided that:
(a) the quantity of waste accumulated onsite never exceeds 6,000 kilograms;
(b) the generator complies with the requirements of section 373-3.9 of this Title except for section 373-3.9(f) and (h);
(c) the generator complies with the requirements of section 373-3.10(l) of this Title;
(d) the generator complies with the requirements of sections 373-1.1(d)(1)(iii)(c)(2)- (3), 373-3.3, and all applicable requirements of Part 376 of this Title; and
(e) the generator complies with the following requirements:
(1) at all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in subclause (4) of this clause. This employee is the emergency coordinator;
(2) the generator must post the following information next to the telephone:
(i) the name and telephone number of the emergency coordinator;
(ii) location of fire extinguishers and spill-control material, and if present, fire alarm; and
(iii) the telephone number of the fire department, unless the facility has a direct alarm;
(3) the generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
(4) the emergency coordinator or a designee must respond to any emergencies that arise. The applicable responses are as follows:
(i) in the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;
(ii) in the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;
(iii) in the event of a fire, explosion or other release which could threaten human health outside the facility or when the generator has knowledge that a spill has reached surface water, the generator must immediately notify the National Response Center (using their 24-hour toll free number 800-424-8802 and the department 518-457-7362). The report must include the following information:
(A) the name, address and U.S. EPA identification number of the generator;
(B) date, time and type of incident (e.g., spill or fire);
(C) quantity and type of hazardous waste involved in the incident;
(D) extent of injuries, if any; and
(E) estimated quantity and disposition of recovered materials, if any;
(f) small quantity generators storing liquid hazardous wastes over sole source aquifers may also be subject to section 373-1.1(d)(1)(iv)(g) of this Title;
(iv) a generator who generates more than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month who must transport this waste, or offer the waste for transportation, over a distance of 200 miles or more for offsite treatment, storage or disposal may accumulate nonacute hazardous waste onsite for 270 days or less without being subject to the permitting procedures of Part 373 provided that the generator complies with the requirements of subparagraph (iii) of this paragraph;
(v) a generator who generates greater than 100 kilograms but less than 1,000 kilograms of hazardous waste in a calendar month and who accumulates hazardous waste in quantities exceeding 6,000 kilograms or accumulates hazardous waste for more than 180 days (or for more than 270 days if they must transport their waste, or offer their waste for transportation, over a distance of 200 miles or more) is an operator of a storage facility and is subject to the requirements of Part 373 of this Title unless the generator has been granted an extension to the 180-day (or 270-day if applicable) period. Such extension may be granted by the department if hazardous wastes must remain on-site for longer than 180-days (or 270-day if applicable) due to unforeseen, temporary and uncontrollable circumstances. An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis;
(vi) a generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, may accumulate F006 waste on-site for more than 90 days, but not more than 180 days without a permit or without having interim status provided that:
(a) the generator has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants or contaminants entering F006 or otherwise released to the environment prior to its recycling;
(b) the F006 waste is legitimately recycled through metals recovery;
(c) no more than 20,000 kilograms of F006 waste is accumulated on-site at any one time; and
(d) the F006 waste is managed in accordance with the following:
(1) the F006 waste is placed:
(i) in containers and the generator complies with the applicable requirements of sections 373-3.9, 373-3.27, 373-3.28, and 373-3.29 of this Title; and/or
(ii) in tanks and the generator complies with the applicable requirements of sections 373-3.10, 373-3.27, 373-3.28, and 373-3.29 of this Title, except section 373-3.10(h)(3) and (k) of this Title; and/or
(iii) in containment buildings and the generator complies with section 373-3.30 of this Title, and has placed its professional engineer certification that the building complies with the design standards specified in section 373-3.30(b) of this Title in the facility's operating record prior to operation of the unit. The owner or operation must maintain the following records at the facility:
(A) a written description of procedures to ensure that the F006 waste remains in the unit for no more than 180 days, a written description of the waste generation and management practices for the facility showing that they are consistent with the 180-day limit, and documentation that the generator is complying with the procedures; or
(B) documentation that the unit is emptied at least once every 180 days;
(2) in addition, such a generator is exempt from all the requirements in sections 373-3.7 and 373-3.8 of this Title, except for section 373-3.7(b) and (e) of this Title;
(3) the date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;
(4) while being accumulated on-site, each container and tank is labeled or marked clearly with the words, "Hazardous Waste"; and
(5) the generator complies with the requirements for owners or operators in sections 373-3.3, 373-3.4, 373-3.2(g) and with all applicable requirements of Part 376 of this Title;
(vii) a generator who generates 1,000 kilograms or greater of hazardous waste per calendar month who also generates wastewater treatment sludges from electroplating operations that meet the listing description for the RCRA hazardous waste code F006, and who must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for more than 90 days, but not more than 270 days without a permit or without having interim status if the generator complies with the requirements of clauses (vi)(a) through (d) of this paragraph;
(viii) a generator accumulating F006 in accordance with subparagraphs (vi) and (vii) of this paragraph who accumulates F006 waste on-site for more than 180 days (or for more than 270 days if the generator must transport this waste, or offer this waste for transportation, over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms of F006 waste on-site is an operator of a storage facility and is subject to the requirements of Subparts 373-2 and 373-3 of this Title and the permit requirements of Subpart 373-1 of this Title unless the generator has been granted an extension to the 180-day (or 270-day, if applicable) period or an exception to the 20,000-kilogram accumulation limit. Such extensions and exceptions may be granted by the department if F006 waste must remain on-site for longer than 180 days (or 270 days, if applicable) or if more than 20,000 kilograms of F006 waste must remain on-site due to unforeseen, temporary, and uncontrollable circumstances. An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the department on a case-by-case basis;
(ix) a generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of section 373-2.5(b)(1)(vi) or 373-3.5(b)(1)(vi) of this Title may accumulate the returned were on-site in accordance with subparagraph (ii) of this paragraph or subparagraphs (iii), (iv) and (v) of this paragraph, depending on the amount of hazardous waste generated, stored or accumulated on-site in that calendar month. Upon receipt of the returned shipment, the generator must:
(a) sign for receipt of the shipment by:
(1) signing item 18(c) of the manifest, if the transporter returned the shipment using the original manifest; or
(2) signing item 20 of the manifest, if the transporter returned the shipment using a new manifest; and
(b) retain one copy of the manifest form and mail one copy of the manifest form to the generator/offeror state and mail one copy of the manifest form to the destination state (if different from the generator/offeror state), making legible photocopies as necessary, postmarked within 10 calendar days of shipment date. Mail the department copy to: New York State Department of Environmental Conservation, Division of Solid & Hazardous Materials, Manifest Section, 625 Broadway, Albany, NY 12233-7252. Manifest copies do not need to be distributed to states other than New York, if those states do not require such a copy be submitted to them.
(b) Manifest requirements.
(1) A generator who transports, or offers for transport a hazardous waste for offsite treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, must prepare a manifest on EPA form 8700-22, and if necessary, EPA form 8700-22A, according to the manifest instructions included in Appendix 30 of this Title.
(i) For shipments of hazardous waste to a designated facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, the generator must assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
(2) Prior to shipment of hazardous waste off the site at which such waste was generated, the generator must:
(i) designate on the manifest one facility which is authorized to handle the waste described on the manifest. A generator may also designate on the manifest one alternate facility which is authorized to handle the waste in the event an emergency prevents delivery of the waste to the primary designated facility. The generator must confirm by written communication from the designated treatment, storage or disposal facility and alternate treatment, storage or disposal facility that it is authorized to handle the particular hazardous waste described on the manifest;
(ii) for each hazardous waste listed in item 9 of the manifest, confirm with the designated facility what the ultimate disposal method will be for that waste. If the receiving TSD facility is not providing a hazardous waste management code in item 19 that reflects the ultimate disposal method for the hazardous waste, the generator must provide a State waste code in item 13 of the manifest to designate the ultimate disposal method of the hazardous waste using one of the following State codes:
L = Landfill
B = Incineration, heat recovery, burning
T = Chemical, physical, or biological treatment
R = Material recovery of more than 75 percent of the total material.
If the receiving TSD facility uses hazardous waste report management method code for "storage, bulking, and/or transfer off-site - no treatment/recovery, fuel blending, or disposal at this site" in item 19 of the manifest form, and the generator has failed to provide the ultimate disposal method in item 13, the ultimate disposal method is deemed landfill (L);
(iii) confirm by written communication from the designated transporter(s) that they are authorized to deliver the manifested waste to the designated treatment, storage or disposal facility; and
(iv) instruct the transporter that, if an emergency arises which prevents delivery to the designated facility or the alternate facility, the transporter must contact the generator for further directions concerning the disposition of the waste. The generator will then either designate another facility or instruct the transporter to return the waste.
(3) The generator must:
(i) sign the manifest certification by hand; and
(ii) obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and
(iii) retain one copy of the manifest in accordance with subparagraph (c)(1)(i) of this section, and mail only copy of the manifest form to the generator state and mail only copy of the manifest form to the destination state (if different from the generator state), making legible photocopies as necessary, postmarked within 10 calendar days of shipment date. Mail the department copy to: New York State Department of Environmental Conservation, Division of Materials Management, Waste Transport and State Assistance Section, 625 Broadway, Albany, NY 12233-7252. Generators do not need to distribute manifest copies to states other than New York, if those states do not require such a copy be submitted to them. The generator must give the transporter the remaining copies of the manifest.
(iv) for rejected shipments of hazardous waste or container residues contained in non-empty containers that are returned to the generator by the designated facility (following the procedures of sections 373-2.5(b)(1)(v) or 373-3.5(b)(1)(v) of this Title), the generator must:
(a) sign either:
(1) item 20 of the new manifest if a new manifest is used for the returned shipment; or
(2) item 18c of the original manifest if the original manifest is used for the returned shipment;
(b) provide the transporter a copy of the manifest;
(c) within 10 days of delivery of the rejected shipment or container residues contained in non-empty containers, send a copy of the manifest to the designated facility that returned the shipment to the generator and send one copy of the manifest form to the generator State and send one copy of the manifest form to the destination state (if different from the generator State), making legible photocopies as necessary. Send the Department copy to: New York State Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-7252. Generators do not need to distribute manifest copies to states other than New York if those states do not require such a copy be submitted to them; and
(d) retain at the generator’s site a copy of each manifest for at least three years from the date of delivery.
(4) Special conditions. In the following situations, generator manifest requirements are modified as follows:
(i) Generators who offer hazardous waste for shipment to a destination outside the United States must comply with the generator requirements of section 372.5 of this Part.
(ii) Generators who offer hazardous waste for shipment to a destination outside New York State must comply with the generator requirements of section 372.6 of this Part.
(iii) Generators who employ one or more rail or water (bulk) transporters to ship their hazardous waste must comply with the generator requirements of section 372.7 of this Part.
(5) No generator may:
(i) offer a shipment of hazardous waste for transport off-site without an accompanying manifest;
(ii) offer a shipment of hazardous waste to a transporter unless:
(a) such transporter has a valid permit, issued under Part 364 of this Title, which authorizes the transporter to transport the particular waste(s) offered for shipment to the designated facility; or
(b) the transporter is otherwise exempt from the permit requirements of Part 364 of this Title; or
(iii) offer for shipment or ship a hazardous waste to other than an authorized facility.
(6) Use of a New York State or EPA hazardous waste code on a manifest constitutes a determination by the generator that the solid waste is a hazardous waste in New York.
(7) The requirements of this section (manifest requirements) do not apply to hazardous waste produced by generators of greater than 100 kilograms but less than 1,000 kilograms per calendar month where:
(i) the waste is reclaimed under a contractual agreement pursuant to which:
(a) the type of waste and frequency of shipments are specified in the agreement;
(b) the vehicle used to transport the waste to the recycling facility and to deliver regenerated material back to the generator is owned and operated by the reclaimer;
(c) the reclaimer complies with any applicable Part 364 waste hauler permit requirements; and
(ii) the generator records the following information for each shipment:
(a) the hazardous waste code and quantity of waste shipped; and
(b) the date the waste is shipped; and
(iii) the generator maintains a copy of the reclamation agreement on file for a period of at least three years after termination or expiration of the agreement.
(8) The requirements of this section and subparagraph (a)(6)(ii) of this section do not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way. The generator or transporter must comply with the requirements for transporters set forth in section 372.3(d) of this Part in the event of a discharge of hazardous waste on a public or private right-of-way.
(9) Manifest tracking numbers, manifest printing and obtaining manifests. 40 CFR section 262.21, manifest tracking numbers, manifest printing, and obtaining manifests, as published in the 70 FR 10775, et seq. - Federal Register, March 4, 2005, is incorporated by reference as if fully set forth herein (see section 370.1[e][3] of this Title).
(10) Waste minimization certification. A generator who initiates a shipment of hazardous waste must certify to one of the following statements in item 15 of the uniform hazardous waste manifest:
(i) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" This statement can also be found at 40 CFR 262.27(a), as incorporated by reference (see section 370.1[e] of this Title); or
(ii) "I am a small quantity generator. I have made a good faith effort to minimize may waste generation and select the best waste management method that is available to me and that I can afford." This statement can also be found at 40 CFR 262.27(b), as incorporated by reference (see section 370.1[e] of this Title).
(c) Reporting and recordkeeping requirements.
(1) Recordkeeping.
(i) A generator must keep a copy of each complete manifest document as a record for at least three years from the date the waste was accepted by the initial transporter.
(ii) A generator must keep a copy of each annual report (paragraph [2] of this subdivision) and exception report (paragraph [3]) for a period of at least three years from the due date of the report.
(iii) A generator must keep records of any test results, waste analyses or other determinations made in accordance with paragraph (a)(2) of this section for at least three years from the date that the waste was last sent to onsite or off-site treatment, storage or disposal.
(iv) All records required under this subdivision must be furnished to the department upon request, postmarked within five business days of receipt of a written request. A generator must make such records available at all reasonable times for inspection by an officer, employee or representative of the department who is duly designated by the commissioner.
(v) The recordkeeping periods referred to in this section are extended automatically beyond the three-year period during the course of any unresolved enforcement action regarding the regulated activity or as requested by the commissioner.
(2) Annual reporting.
(i) A generator who ships any hazardous waste offsite to a treatment, storage or disposal facility located within the United States must submit annual reports on forms specified by the commissioner. This report must be submitted to the department no later than March 1st for the preceding calendar year, and must include the following information:
(a) the EPA identification number, name and address of the generator;
(b) the calendar year covered by the report;
(c) the EPA identification number, name and address for each offsite treatment, storage or disposal facility in the United States to which waste was shipped during the year;
(d) the name and EPA identification number of each transporter used during the reporting year for shipments to a treatment, storage or disposal facility within the United States;
(e) a description, EPA hazardous waste number (5) (from section 371.3 and/or 371.4 of this Title), DOT hazardous class, and quantity of each hazardous waste shipped offsite for shipments to a treatment, storage or disposal facility within the United States. This information must be listed by EPA identification number of each such offsite facility to which waste was shipped;
(f) a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(g) a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; and
(h) the certification signed by the generator or authorized representative.
(ii) Any generator who treats or disposes of hazardous waste onsite must submit an annual report covering those wastes in accordance with the provisions of section 373-2.5(e) of this Title. Reporting for experts of hazardous waste is not required on the annual report form. A separate annual report requirement is set forth in section 372.5(f) of this Part.
(iii) A generator who generates in a calendar month less than 1,000 kg of non-acute hazardous waste or one kg acute hazardous waste, is exempt from filing an annual report, provided that the generator complies with all other applicable regulations. A generator who exceeds these generation limits must file an annual report for the entire year.
(3) Exception reporting.
(i) A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste. The generator must submit an exception report to the department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter and, in the case of interstate shipments, submitted to the state in which the shipment was to be received, and any states in which the shipment may have been delivered. In the case of states which do not have EPA-approved hazardous waste programs, notification must be sent to EPA. The exception report must include:
(a) a legible copy of the manifest for which the generator does not have confirmation of delivery; and
(b) a cover letter, signed by the generator or the generator's authorized representative, explaining the efforts taken to locate the hazardous waste and the results of those efforts.
(ii) for rejected shipments of hazardous waste or container residues contained in non-empty containers that are forwarded to an alternate facility by a designated facility using a new manifest (following the procedures of section 373-2.5(b)(1)(v)(a) through (f) of this Title or 373-3.5(b)(1)(v)(a) through (f) of this Title), the generator must comply with the requirements of subparagraph (i) of this paragraph for the shipment forwarding the material from the designated facility to the alternate facility instead of the shipment from the generator to the designated facility. For the purposes of subparagraph (i) of this paragraph for a shipment forwarding such waste to an alternate facility by a designated facility:
(a) the copy of the manifest received by the generator must have the handwritten signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility; and
(b) the 35/45-day time frames begin the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
(4) Additional reporting. The commissioner may require generators to furnish additional reports concerning the quantities and disposition of wastes, if necessary.
(d) [Reserved].
(e) Alternative requirements for hazardous waste determination and accumulation of unwanted material for laboratories owned by eligible academic entities.
(1) Definitions for this subdivision. The following definitions apply to this subdivision:
(i) Central accumulation area means an on-site hazardous waste accumulation area subject to: subparagraph (a)(8)(ii) of this section; section 373-1.1(d)(1)(iii)(e) or 373-1.1(d)(1)(iv)(h) of this Title (large quantity generators); or subparagraphs (a)(8)(iii) through (v) of this section (small quantity generators). A central accumulation area at an eligible academic entity that chooses to be subject to this subdivision must also comply with paragraph (12) of this subdivision when accumulating unwanted material and/or hazardous waste.
(ii) College/University means a private or public, post-secondary, degree-granting, academic institution, that is accredited by an accrediting agency listed annually by the U.S. Department of Education.
(iii) Eligible academic entity means a college or university, or non-profit research institute that is owned by or has a formal written affiliation agreement with a college or university, or a teaching hospital that is owned by or has a formal written affiliation agreement with a college or university.
(iv) Formal written affiliation agreement for a non-profit research institute means a written document that establishes a relationship between institutions for the purposes of research and/or education and is signed by authorized representatives, as defined in section 370.2(b) of this Title, from each institution. A relationship on a project-by-project or grant-by-grant basis is not considered a formal written affiliation agreement. A formal written affiliation agreement for a teaching hospital means a master affiliation agreement and program letter of agreement, as defined by the Accreditation Council for Graduate Medical Education, with an accredited medical program or medical school.
(v) Laboratory means an area owned by an eligible academic entity where relatively small quantities of chemicals and other substances are used on a non-production basis for teaching or research (or diagnostic purposes at a teaching hospital) and are stored and used in containers that are easily manipulated by one person. Photo laboratories, art studios, and field laboratories are considered laboratories. Areas such as chemical stockrooms and preparatory laboratories that provide a support function to teaching or research laboratories (or diagnostic laboratories at teaching hospitals) are also considered laboratories.
(vi) Laboratory clean-out means an evaluation of the inventory of chemicals and other materials in a laboratory that are no longer needed or that have expired and the subsequent removal of those chemicals or other unwanted materials from the laboratory. A clean-out may occur for several reasons. It may be on a routine basis (e.g., at the end of a semester or academic year) or as a result of a renovation, relocation, or change in laboratory supervisor/occupant. A regularly scheduled removal of unwanted material as required by paragraph (9) of this subdivision, does not qualify as a laboratory clean-out.
(vii) Laboratory worker means a person who handles chemicals and/or unwanted material in a laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows, interns, researchers, technicians, supervisors/managers, and principal investigators. A person does not need to be paid or otherwise compensated for his/her work in the laboratory to be considered a laboratory worker. Undergraduate and graduate students in a supervised classroom setting are not laboratory workers.
(viii) Non-profit research institute means an organization that conducts research as its primary function and files as a non-profit organization under the tax code of 26 U.S.C. 501(c)(3) (see section 370.1(e) of this Title).
(ix) Reactive acutely hazardous unwanted material’ means an unwanted material that is one of the acutely hazardous commercial chemical products listed in section 371.4(d) of this Title for reactivity.
(x) Teaching hospital means a hospital that trains students to become physicians, nurses or other health or laboratory personnel.
(xi) Trained professional means a person who has completed the applicable training requirements of section 373-3.2(g) of this Title for large quantity generators, or is knowledgeable about normal operations and emergencies in accordance with subclause (a)(8)(iii)(e)(3) of this section for small quantity generators and conditionally exempt small quantity generators. A trained professional may be an employee of the eligible academic entity or may be a contractor or vendor who meets the requisite training requirements.
(xii) Unwanted material means any chemical, mixtures of chemicals, products of experiments or other material from a laboratory that is no longer needed, wanted or usable in the laboratory and that is destined for hazardous waste determination by a trained professional. Unwanted materials include reactive acutely hazardous unwanted materials and materials that may eventually be determined not to be solid waste pursuant to section 371.1(c) of this Title, or a hazardous waste pursuant to section 371.1(d) of this Title. If an eligible academic entity elects to use another equally effective term in lieu of unwanted material, as allowed by subclause (7)(i)( a)(1) of this subdivision, the equally effective term has the same meaning and is subject to the same requirements as unwanted material under this subdivision.
(xiii) Working container means a small container (i.e., two gallons or less) that is in use at a laboratory bench, hood, or other work station, to collect unwanted material from a laboratory experiment or procedure.
(2) Applicability of this subdivision.
(i) Large quantity generators and small quantity generators. This subdivision provides alternative requirements to the requirements in paragraph (a)(2) and clause (a)(8)(i)(a) of this section for the hazardous waste determination and accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subdivision, provided that they complete the notification requirements of paragraph (4) of this subdivision.
(ii) Conditionally exempt small quantity generators. This subdivision provides alternative requirements to the conditional exemption in section 371.1(f)(2) of this Title, for the accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this subdivision, provided that they complete the notification requirements of paragraph (4) of this subdivision.
(3) Electing options.
(i) Large quantity generators and small quantity generators: Eligible academic entities may elect to comply with this subdivision with respect to their laboratories, as an alternative to complying with the requirements of paragraph (a)(2) and clause (a)(8)(i)(a) of this section.
(ii) Conditionally exempt small quantity generators. Eligible academic entities may elect to comply with this subdivision with respect to their laboratories, as an alternative to complying with the conditional exemption of section 371.1(f)(2) of this Title.
(4) How an eligible academic entity elects to be subject to the requirements of this subdivision.
(i) An eligible academic entity must notify the EPA Region 2 Administrator and the department in writing, using the RCRA subtitle C site identification form (EPA Form 8700-12), available at http://www.epa.gov, that it is electing to be subject to the requirements of this subdivision for all the laboratories owned by the eligible academic entity under the same EPA Identification Number. An eligible academic entity that is a conditionally exempt small quantity generator and does not have an EPA Identification Number must notify that it is electing to be subject to the requirements of this subdivision for all the laboratories owned by the eligible academic entity that are on-site, as defined by section 370.2 of this Title. An eligible academic entity must submit a separate notification (site identification form) for each EPA Identification Number (or site, for conditionally exempt small quantity generators) that is electing to be subject to the requirements of this subdivision, and must submit the Site Identification Form before it begins operating under this subdivision.
(ii) When submitting the Site Identification Form, the eligible academic entity must, at a minimum, fill out the following fields on the form:
(a) reason for submittal;
(b) site epa identification number (except for conditionally exempt small quantity generators);
(c) site name;
(d) site location information;
(e) site land type;
(f) North American Industry Classification System (NAICS) Code(s) for the site;
(g) site mailing address;
(h) site contact person;
(i) operator and legal owner of the site;
(j) type of regulated waste activity;
(k) certification.
(iii) An eligible academic entity must keep a copy of the notification on file at the eligible academic entity for as long as its laboratories are subject to this subdivision.
(iv) A teaching hospital that is not owned by a college or university must keep a copy of its formal written affiliation agreement with a college or university on file at the teaching hospital for as long as its laboratories are subject to this subdivision.
(v) A non-profit research institute that is not owned by a college or university must keep a copy of its formal written affiliation agreement with a college or university on file at the non-profit research institute for as long as its laboratories are subject to this subdivision.
(5) How an eligible academic entity indicates it will withdraw from the requirements of this subdivision.
(i) An eligible academic entity must notify the EPA region 2 administrator and the department in writing, using the RCRA subtitle c site identification form (EPA Form 8700-12), available at http://www.epa.gov, that it is electing to no longer be subject to the requirements of this subdivision for all the laboratories owned by the eligible academic entity under the same EPA Identification Number and that it will comply with the requirements of paragraph (a)(2) and clause (a)(8)(i)(a) of this section for small quantity generators and large quantity generators. An eligible academic entity that is a conditionally exempt small quantity generator and does not have an EPA Identification Number must notify that it is withdrawing from the requirements of this subdivision for all the laboratories owned by the eligible academic entity that are on-site and that it will comply with the conditional exemption in section 371.1(f)(2) of this Title. An eligible academic entity must submit a separate notification (Site Identification Form), available at http://www.epa.gov, for each EPA Identification Number (or site, for conditionally exempt small quantity generators) that is withdrawing from the requirements of this subdivision and must submit the Site Identification Form, available at http://www.epa.gov, before it begins operating under the requirements paragraph (a)(2) and clause (a)(8)(i)(a) of this section for small quantity generators and large quantity generators, or section 371.1(f)(2) of this Title for conditionally exempt small quantity generators.
(ii) When submitting the Site Identification Form, the eligible academic entity must, at a minimum, fill out the following fields on the form:
(a) reason for submittal;
(b) site epa identification number (except for conditionally exempt small quantity generators);
(c) site name;
(d) site location information;
(e) site land type;
(f) North American Industry Classification System (NAICS) Code(s) for the site;
(g) site mailing address;
(h) site contact person;
(i) operator and legal owner of the site;
(j) type of regulated waste activity;
(k) certification.
(iii) An eligible academic entity must keep a copy of the withdrawal notice on file at the eligible academic entity for three years from the date of the notification.
(6) Summary of the requirements of this subdivision. An eligible academic entity that elects to be subject to this subdivision is not required to have interim status or a Part 373 permit for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of this subdivision and the eligible academic entity has and implements a Laboratory Management Plan (LMP) in accordance with paragraph (15) of this subdivision that describes how the laboratories owned by the eligible academic entity will comply with the requirements of this subdivision.
(7) Labeling and management standards for containers of unwanted material in the laboratory. An eligible academic entity must manage containers of unwanted material while in the laboratory in accordance with the requirements in this subdivision.
(i) Labeling: Label unwanted material as follows:
(a) The following information must be affixed or attached to the container:
(1) the words “unwanted material” or another equally effective term that is to be used consistently by the eligible academic entity and that is identified in Part I of the Laboratory Management Plan; and
(2) sufficient information to alert emergency responders to the contents of the container. Examples of information that would be sufficient to alert emergency responders to the contents of the container include, but are not limited to:
(i) the name of the chemical(s);
(ii) the type or class of chemical, such as organic solvents or halogenated organic solvents.
(b) The following information may be affixed or attached to the container, but must at a minimum be associated with the container:
(1) The date that the unwanted material first began accumulating in the container; and
(2) Information sufficient to allow a trained professional to properly identify whether an unwanted material is a solid and hazardous waste and to assign the proper hazardous waste code(s), pursuant to paragraph (a)(2) of this section. Examples of information that would allow a trained professional to properly identify whether an unwanted material is a solid or hazardous waste include, but are not limited to:
(i) the name and/or description of the chemical contents or composition of the unwanted material, or, if known, the product of the chemical reaction;
(ii) whether the unwanted material has been used or is unused;
(iii) a description of the manner in which the chemical was produced or processed, if applicable.
(ii) Management of containers in the laboratory. An eligible academic entity must properly manage containers of unwanted material in the laboratory to assure safe storage of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical reactions, and dangerous situations that may result in harm to human health or the environment. Proper container management must include the following:
(a) containers are maintained and kept in good condition and damaged containers are replaced, overpacked, or repaired; and
(b) containers are compatible with their contents to avoid reactions between the contents and the container; and are made of, or lined with, material that is compatible with the unwanted material so that the container’s integrity is not impaired; and
(c) containers must be kept closed at all times, except:
(1) when adding, removing or bulking unwanted material; or
(2) a working container may be open until the end of the procedure or work shift, or until it is full, whichever comes first, at which time the working container must either be closed or the contents emptied into a separate container that is then closed; or
(3) when venting of a container is necessary:
(i) for the proper operation of laboratory equipment, such as with in-line collection of unwanted materials from high performance liquid chromatographs; or
(ii) to prevent dangerous situations, such as build-up of extreme pressure.
(8) Training.
An eligible academic entity must provide training to all individuals working in a laboratory at the eligible academic entity, and notify those individuals of the availability of the Laboratory Management Plan, as follows:
(i) training for laboratory workers and students must be commensurate with their duties so they understand the requirements in this subdivision and can implement them;
(ii) an eligible academic entity can provide training for laboratory workers and students in a variety of ways, including, but not limited to:
(a) instruction by the professor or laboratory manager before or during an experiment;
(b) formal classroom training;
(c) electronic/written training;
(d) on-the-job training; or
(e) written or oral exams.
(iii) an eligible academic entity that is a large quantity generator must maintain documentation for the durations specified in section 373-3.2(g)(5) of this Title, demonstrating training for all laboratory workers that is sufficient to determine whether laboratory workers have been trained. Examples of documentation demonstrating training can include, but are not limited to, the following:
(a) sign-in/attendance sheet(s) for training session(s);
(b) syllabus for training session;
(c) certificate of training completion; or
(d) test results.
(iv) a trained professional must:
(a) accompany the transfer of unwanted material and hazardous waste when the unwanted material and hazardous waste is removed from the laboratory; and
(b) make the hazardous waste determination, pursuant to paragraph (a)(2) of this section, for unwanted material.
(9) Removing containers of unwanted material from the laboratory.
(i) Removing containers of unwanted material on a regular schedule. An eligible academic entity must either:
(a) remove all containers of unwanted material from each laboratory on a regular interval, not to exceed 12 months; or
(b) remove containers of unwanted material from each laboratory within 12 months of each container's accumulation start date.
(ii) The eligible academic entity must specify in part I of its Laboratory Management Plan whether it will comply with clause (i)(a) or (b) of this paragraph for the regular removal of unwanted material from its laboratories.
(iii) The eligible academic entity must specify in part II of its Laboratory Management Plan how it will comply with clause (i)(a) or (b) of this paragraph and develop a schedule for regular removals of unwanted material from its laboratories.
(iv) Removing containers of unwanted material when volumes are exceeded.
(a) If a laboratory accumulates a total volume of unwanted material (including reactive acutely hazardous unwanted material) in excess of 55 gallons before the regularly scheduled removal, the eligible academic entity must ensure that all containers of unwanted material in the laboratory (including reactive acutely hazardous unwanted material):
(1) are marked on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) with the date that 55 gallons was exceeded; and
(2) are removed from the laboratory within ten calendar days of the date that 55 gallons was exceeded, or at the next regularly scheduled removal, whichever comes first.
(b) if a laboratory accumulates more than one quart of liquid reactive acutely hazardous unwanted material, more than one quart of containerized gas reactive acutely hazardous unwanted material, or more than one kilograms (2.2 pounds) of solid reactive acutely hazardous unwanted material before the regularly scheduled removal, then the eligible academic entity must ensure that all containers of reactive acutely hazardous unwanted material:
(1) are marked on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) with the date that one quart or one kilograms is exceeded; and
(2) are removed from the laboratory within 10 calendar days of the date that 1 quart or 1 kilogram was exceeded, or at the next regularly scheduled removal, whichever comes first.
(10) Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory.
(i) Large quantity generators and small quantity generators- an eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to paragraph (a)(2) of this section, for unwanted material in any of the following areas:
(a) in the laboratory before the unwanted material is removed from the laboratory, in accordance with paragraph (11) of this subdivision;
(b) within four calendar days of arriving at the on-site central accumulation area, in accordance with paragraph (12) of this subdivision; and
(c) within four calendar days of arriving at an on-site interim status facility or an on-site permitted treatment, storage or disposal facility, in accordance with paragraph (13) of this subdivision.
(ii) Conditionally exempt small quantity generators-an eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to paragraph (a)(2) of this section, for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with paragraph (11) of this subdivision.
(11) Making the hazardous waste determination in the laboratory before the unwanted material is removed from the laboratory. If an eligible academic entity makes the hazardous waste determination, pursuant to paragraph (a)(2) of this section, for unwanted material in the laboratory, it must comply with the following:
(i) A trained professional must make the hazardous waste determination, pursuant to paragraph (a)(2) of this section, before the unwanted material is removed from the laboratory.
(ii) When an unwanted material is a hazardous waste, the eligible academic entity must:
(a) write the words “Hazardous Waste” on the container label that is affixed or attached to the container, before the hazardous waste may be removed from the laboratory; and
(b) write the appropriate hazardous waste code(s) on the label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste is transported off-site.
(c) count the hazardous waste toward the eligible academic entity’s generator status, pursuant to section 371.1(f)(3) and (4) of this Title, in the calendar month that the hazardous waste determination was made.
(iii) A trained professional must accompany all hazardous waste that is transferred from the laboratory(ies) to an on-site central accumulation area, or on-site interim status facility or an on-site permitted treatment, storage or disposal facility.
(iv) When hazardous waste is removed from the laboratory:
(a) Large quantity generators and small quantity generators must ensure it is taken directly from the laboratory(ies) to an on-site central accumulation area, or on-site interim status facility or an on-site permitted treatment, storage or disposal facility, or transported off-site.
(b) Conditionally exempt small quantity generators must ensure it is taken directly from the laboratory(ies) to any of the types of facilities listed in section 371.1(f)(6) of this Title, for acute hazardous waste, or sectionh 371.1(f)(7) of this Title for hazardous waste.
(v) An unwanted material that is a hazardous waste is subject to all applicable hazardous waste regulations when it is removed from the laboratory.
(12) Making the hazardous waste determination at an on-site central accumulation area. When an eligible academic entity makes the hazardous waste determination, pursuant to paragraph (a)(2) of this section, for unwanted material at an on-site central accumulation area, it must comply with the following:
(i) A trained professional must accompany all unwanted material that is transferred from the laboratory(ies) to an on-site central accumulation area.
(ii) All unwanted material removed from the laboratory(ies) must be taken directly from the laboratory(ies) to the on-site central accumulation area.
(iii) The unwanted material becomes subject to the generator accumulation regulations of paragraph (a)(8) of this section for large quantity generators or subparagraphs (a)(8)(iii) through (v) of this section, for small quantity generators as soon as it arrives in the central accumulation area, except for the “Hazardous Waste” labeling requirements of paragraph (a)(8) of this section.
(iv) A trained professional must determine, pursuant to paragraph (a)(2) of this section, if the unwanted material is a hazardous waste within four calendar days of the unwanted materials’ arrival at the on-site central accumulation area.
(v) Upon determining that the unwanted material is a hazardous waste, the eligible academic entity must:
(a) write the words “Hazardous Waste” on the container label that is affixed or attached to the container; and
(b) write the appropriate hazardous waste code(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed of on-site or transported off-site; and
(c) count the hazardous waste toward the eligible academic entity’s generator status , pursuant to section 371.1(f)(3) and (4) of this Title, in the calendar month that the hazardous waste determination was made; and
(d) manage the hazardous waste according to all applicable hazardous waste regulations.
(13) Making the hazardous waste determination at an on-site interim status facility or an on-site permitted treatment, storage or disposal facility. When an eligible academic entity makes the hazardous waste determination, pursuant to paragraph (a)(2) of this section, for unwanted material at an on-site interim status facility or an on-site permitted treat, storage or disposal facility, it must comply with the following:
(i) A trained professional must accompany all unwanted material that is transferred from the laboratory(ies) to an on-site interim status facility or an on-site permitted treatment, storage or disposal facility.
(ii) All unwanted material removed from the laboratory(ies) must be taken directly from the laboratory(ies) to the on-site interim status facility or an on-site permitted treatment, storage or disposal facility.
(iii) The unwanted material becomes subject to the terms of the eligible academic entity’s hazardous waste permit or interim status as soon as it arrives in the on-site treatment, storage or disposal facility.
(iv) A trained professional must determine, pursuant to paragraph (a)(2) of this section, if the unwanted material is a hazardous waste within four calendar days of the unwanted materials’ arrival at an on-site interim status facility or an on-site permitted treatment, storage or disposal facility.
(v) Upon determining that the unwanted material is a hazardous waste, the eligible academic entity must:
(a) write the words “Hazardous Waste” on the container label that is affixed or attached to the container; and
(b) write the appropriate hazardous code(s) on the container label that is associated with the container (or on the label that is affixed or attached to the container, if that is preferred) before the hazardous waste may be treated or disposed on-site or transported off-site; and
(c) count the hazardous waste toward the eligible academic entity’s generator status, pursuant to section 371.1(f)(3) and (4) of this Title, in the calendar month that the hazardous waste determination was made; and
(d) manage the hazardous waste according to all applicable hazardous waste regulations.
(14) Laboratory clean-outs.
(i) One time per 12-month period for each laboratory, an eligible academic entity may opt to conduct a laboratory clean-out that is subject to all the applicable requirements of this subdivision, except that:
(a) if the volume of unwanted material in the laboratory exceeds 55 gallons (or one quart of liquid reactive acutely hazardous unwanted material, one quart of containerized gas reactive acutely hazardous unwanted material, or one kilograms of solid reactive acutely hazardous unwanted material), the eligible academic entity must remove all unwanted materials from the laboratory within 30 calendar days from the start of the laboratory clean-out; and
(b) for the purposes of on-site accumulation, an eligible academic entity is not required to count a hazardous waste that is an unused commercial chemical product (listed in section 371.4 of this Title or exhibiting one or more characteristics of section 371.3 of this Title) generated solely during the laboratory clean-out toward its hazardous waste generator status, pursuant to section 371.1(f)(3) and (4) of this Title. However, an unwanted material that was accumulated prior to the beginning of the laboratory clean-out and is still in the laboratory at the time the laboratory clean-out commences must be counted toward hazardous waste generator status, pursuant to section 371.1(f)(3) and (4) of this Title, if it is determined to be hazardous waste; and
(c) for the purposes of off-site management, an eligible academic entity must count all its hazardous waste, regardless of whether the hazardous waste was counted toward generator status under clause (b) of this subparagraph, and if it generates more than one kilograms/month of acute hazardous waste or more than 100 kilograms/month of hazardous waste (i.e., the conditionally exempt small quantity generator limits of section 371.1[f] of this Title), the hazardous waste is subject to all applicable hazardous waste regulations when it is transported off-site; and
(d) an eligible academic entity must document the activities of the laboratory clean-out. The documentation must, at a minimum, identify the laboratory being cleaned out, the date the laboratory clean-out begins and ends, and the volume of hazardous waste generated during the laboratory clean-out. The eligible academic entity must maintain the records for a period of three years from the date the clean-out ends; and
(ii) For all other laboratory clean-outs conducted during the same 12-month period, an eligible academic entity is subject to all the applicable requirements of this subdivision, including, but not limited to:
(a) The requirement to remove all unwanted materials from the laboratory within 10 calendar days of exceeding 55 gallons (or one quart of liquid reactive acutely hazardous unwanted material, one quart of containerized gas reactive acutely hazardous unwanted material, or one kilogram of solid reactive acutely hazardous unwanted material), as required by paragraph (9) of this subdivision; and
(b) The requirement to count all hazardous waste, including unused hazardous waste, generated during the laboratory clean-out toward its hazardous waste generator status, pursuant to section 371.1(f)(3) and (4) of this Title.
(15) Laboratory management plan. An eligible academic entity must develop and retain a written Laboratory Management Plan, or revise an existing written plan. The Laboratory Management Plan is a site-specific document that describes how the eligible academic entity will manage unwanted materials in compliance with this subdivision. An eligible academic entity may write one Laboratory Management Plan for all the laboratories owned by the eligible academic entity that have opted into this subdivision, even if the laboratories are located at sites with different EPA Identification Numbers. The Laboratory Management Plan must contain two parts with a total of nine elements identified in subparagraphs (i) and (ii) of this paragraph. In Part I of its Laboratory Management Plan, an eligible academic entity must describe its procedures for each of the elements listed in subparagraph (i) of this paragraph. An eligible academic entity must implement and comply with the specific provisions that it develops to address the elements in Part I of the Laboratory Management Plan. In Part II of its Laboratory Management Plan, an eligible academic entity must describe its best management practices for each of the elements listed in subparagraph (ii) of this paragraph. The specific actions taken by an eligible academic entity to implement each element in Part II of its Laboratory Management Plan may vary from the procedures described in the eligible academic entity’s Laboratory Management Plan, without constituting a violation of this subdivision. An eligible academic entity may include additional elements and best management practices in Part II of its Laboratory Management Plan if it chooses.
(i) The eligible academic entity must implement and comply with the specific provisions of Part I of its Laboratory Management Plan. In Part I of its Laboratory Management Plan, an eligible academic entity must:
(a) Describe procedures for container labeling in accordance with subparagraph (7)(i), as follows:
(1) Identifying whether the eligible academic entity will use the term “unwanted material” on the containers in the laboratory. If not, identify an equally effective term that will be used in lieu of “unwanted material” and consistently by the eligible academic entity in lieu of “unwanted material.” The equally effective term, if used, has the same meaning and is subject to the same requirements as “unwanted material.”
(2) Identifying the manner in which information that is “associated with the container” will be imparted.
(b) Identify whether the eligible academic entity will comply with clauses (9)(i)(a) or (b) of this subdivision, for regularly scheduled removals of unwanted material from the laboratory.
(ii) In Part II of its Laboratory Management Plan, an eligible academic entity must:
(a) Describe its intended best practices for container labeling and management (see the required standards at paragraph [7] of this subdivision).
(b) Describe its intended best practices for providing training for laboratory workers and students commensurate with their duties (see the required standards at subparagraph [8][i] of this subdivision).
(c) Describe its intended best practices for providing training to ensure safe on-site transfers of unwanted material and hazardous waste by trained professionals (see the required standards at clause [8][iv][a] of this subdivision).
(d) Describe its intended best practices for removing unwanted material from the laboratory, including:
(1) For regularly scheduled removals- Develop a regular schedule for identifying and removing unwanted materials from its laboratories (see the required standards at clauses [9][i][a] and [b] of this subdivision).
(2) For removals when maximum volumes are exceeded:
(i) Describe its intended best practices for removing unwanted materials from the laboratory within 10 calendar days when unwanted materials have exceeded their maximum volumes (see the required standards at subparagraph [9][iv] of this subdivision).
(ii) Describe its intended best practices for communicating that unwanted materials have exceeded their maximum volumes.
(e) Describe its intended best practices for making hazardous waste determinations, including specifying the duties of the individuals involved in the process (see the required standards at paragraphs [a][2] of this section and paragraphs [10] through [13] of this subdivision).
(f) Describe its intended best practices for laboratory clean-outs, if the eligible academic entity plans to use the incentives for laboratory clean-outs provided in paragraph (14) of this subdivision, including:
(1) procedures for conducting laboratory clean-outs (see the required standards at clauses (14)(i)(a) through (c) of this subdivision); and
(2) procedures for documenting laboratory clean-outs (see the required standards at clause [14][i][d] of this subdivision).
(g) Describe its intended best practices for emergency prevention, including:
(1) procedures for emergency prevention, notification, and response, appropriate to the hazards in the laboratory; and
(2) a list of chemicals that the eligible academic entity has, or is likely to have, that become more dangerous when they exceed their expiration date and/or as they degrade; and
(3) procedures to safely dispose of chemicals that become more dangerous when they exceed their expiration date and/or as they degrade; and
(4) procedures for the timely characterization of unknown chemicals.
(iii) An eligible academic entity must make its Laboratory Management Plan available to laboratory workers, students, or any others at the eligible academic entity who request it.
(iv) An eligible academic entity must review and revise its Laboratory Management Plan, as needed, but at a minimum, every five years.
(16) Unwanted material that is not solid or hazardous waste.
(i) If an unwanted material does not meet the definition of solid waste in section 371.1(c) of this Title, it is no longer subject to this subdivision or to the Parts 370 through 374 and 376 hazardous waste regulations of this Title.
(ii) If an unwanted material does not meet the definition of hazardous waste in section 371.1(d) of this Title, it is no longer subject to this subdivision or to the Parts 370 through 374 and 376 hazardous waste regulations of this Title, but must be managed in compliance with any other applicable regulations and/or conditions.
(17) Non-laboratory hazardous waste generated at an eligible academic entity.
An eligible academic entity that generates hazardous waste outside of a laboratory is not eligible to manage that hazardous waste under this subdivision; and
(i) remains subject to the generator requirements of paragraph (a)(2) and clause (a)(8)(i)(a) of this section, for large quantity generators and small quantity generators (if the hazardous waste is managed in a satellite accumulation area), and all other applicable generator requirements of this Part, with respect to that hazardous waste; or
(ii) remains subject to the conditional exemption of section 371.1(f)(2) of this Title, for conditionally exempt small quantity generators, with respect to that hazardous waste.
6 CRR-NY 372.2
Current through June 30, 2021
End of Document