6 CRR-NY 374-3.1NY-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 374. MANAGEMENT OF SPECIFIC HAZARDOUS WASTE
SUBPART 374-3. STANDARDS FOR UNIVERSAL WASTES
6 CRR-NY 374-3.1
6 CRR-NY 374-3.1
374-3.1 General requirements.
(a) Scope.
(1) This Subpart establishes requirements for managing the following:
(i) batteries as described in subdivision (b) of this section;
(ii) pesticides as described in subdivision (c) of this section;
(iii) mercury-containing equipment as described in subdivision (d) of this section; and
(iv) lamps as described in subdivision (e) of this section.
(2) This Subpart provides an alternative set of management standards in lieu of regulation under Part 370 through Subpart 374-1, and Part 376 of this Title.
(b) Applicability—batteries.
(1) Batteries covered under this Subpart.
(i) The requirements of this Subpart apply to persons managing batteries, as described in subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.
(ii) Spent lead-acid batteries which are not managed under section 374-1.7 of this Part, are subject to management under this Subpart.
(2) Batteries not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following batteries:
(i) Spent lead-acid batteries that are managed under section 374-1.7 of this Part.
(ii) Batteries, as described in subdivision (i) of this section, that are not yet wastes under Part 371 of this Title, including those that do not meet the criteria for waste generation in paragraph (3) of this subdivision.
(iii) Batteries, as described in subdivision (i) of this section, that are not hazardous waste. A battery is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 of this Title.
(3) Generation of waste batteries.
(i) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).
(ii) An unused battery becomes a waste on the date the handler decides to discard it.
(c) Applicability—pesticides.
(1) Pesticides covered under this Subpart. The requirements of this Subpart apply to persons managing pesticides, as described in subdivision (i) of this section, meeting the following conditions, except those listed in paragraph (2) of this subdivision:
(i) Recalled pesticides that are:
(a) stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under FIFRA section 19(b), incorporated by reference in section 370.1(e) of this Title, including, but not limited to those owned by the registrant responsible for conducting the recall; or
(b) stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, incorporated by reference in section 370.1(e) of this Title, that are part of a voluntary recall by the registrant.
(ii) Stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program approved by the department, meeting standards set forth in Subpart 362-4 of this Title.
(2) Pesticides not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following pesticides:
(i) recalled pesticides described in subparagraph (1)(i) of this subdivision, and unused pesticide products described in subparagraph (1)(ii) of this subdivision, that are managed by farmers in compliance with section 372.1(e)(3)(i) through (iii) of this Title. (Section 372.1[e][3][i] through [iii] of this Title address pesticides disposed of on the farmer’s own farm in a manner consistent with the disposal instructions on the pesticide label, providing the container is triple rinsed in accordance with Part 325 of this Title);
(ii) pesticides not meeting the conditions set forth in paragraph (1) of this subdivision. These pesticides must be managed in compliance with the hazardous waste regulations in Part 370 through Subpart 374-1, and Part 376 of this Title;
(iii) pesticides that are not wastes under Part 371 of this Title, including those that do not meet the criteria for waste generation in paragraph (3) of this subdivision or those that are not wastes as described in paragraph (4) of this subdivision; and
(iv) pesticides that are not hazardous waste. A pesticide is a hazardous waste if it is listed in section 371.4 of this Title or if it exhibits one or more of the characteristics identified in section 371.3 of this Title.
(3) When a pesticide becomes a waste.
(i) A recalled pesticide described in subparagraph (1)(i) of this subdivision becomes a waste on the first date on which both of the following conditions apply:
(a) The generator of the recalled pesticide agrees to participate in the recall.
(b) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).
(ii) An unused pesticide product described in subparagraph (1)(ii) of this subdivision becomes a waste on the date the generator decides to discard it.
(4) Pesticides that are not wastes. The following pesticides are not wastes:
(i) Recalled pesticides described in subparagraph (1)(i) of this subdivision, provided that the person conducting the recall:
(a) has not made a decision to discard (e.g., burn for energy recovery) the pesticide. Until such a decision is made, the pesticide does not meet the definition of solid waste under section 371.1(c) of this Title; thus the pesticide is not a hazardous waste and is not subject to hazardous waste requirements, including this Subpart. This pesticide remains subject to the requirements of FIFRA, incorporated by reference in section 370.1(e) of this Title; or
(b) has made a decision to use a management option that, under section 371.1(c) of this Title, does not cause the pesticide to be a solid waste (i.e., the selected option is use [other than use constituting disposal] or reuse [other than burning for energy recovery], or reclamation). Such a pesticide is not a solid waste and therefore is not a hazardous waste, and is not subject to the hazardous waste requirements including this Subpart. This pesticide, including a recalled pesticide that is exported to a foreign destination for use or reuse, remains subject to the requirements of FIFRA.
(ii) Unused pesticide products described in paragraph (1)(ii) of this subdivision, if the generator of the unused pesticide product has not decided to discard (e.g., burn for energy recovery) them. These pesticides remain subject to the requirements of FIFRA.
(d) Applicability — mercury-containing equipment.
(1) Mercury-containing equipment covered under this Subpart. The requirements of this Subpart apply to persons managing mercury-containing equipment, as described in subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.
(2) Mercury-containing equipment not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following mercury-containing equipment:
(i) Mercury-containing equipment that is not yet a waste under Part 371 of this Title. Paragraph (3) of this subdivision describes when mercury-containing equipment becomes a waste;
(ii) Mercury-containing equipment that is not a hazardous waste. Mercury-containing equipment is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 of this Title or is listed in section 371.4 of this Title;
(iii) Equipment and devices from which the mercury-containing components have been removed.
(3) Generation of waste mercury-containing equipment.
(i) Used mercury-containing equipment becomes a waste on the date it is discarded (e.g., sent for reclamation).
(ii) Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.
(e) Applicability—lamps.
(1) Lamps covered under this Subpart. The requirements of this Subpart apply to persons managing lamps as described in subdivision (i) of this section, except those listed in paragraph (2) of this subdivision.
(2) Lamps not covered under this Subpart. The requirements of this Subpart do not apply to persons managing the following lamps.
(i) lamps that are not yet wastes under part 371 of this Title as provided in paragraph (3) of this subdivision; and
(ii) lamps that are not hazardous waste. A lamp is a hazardous waste if it exhibits one or more of the characteristics identified in section 371.3 of this Title.
(3) Generation of waste lamps.
(i) A used lamp becomes a waste on the date it is discarded.
(ii) An unused lamp becomes a waste on the date the handler decides to discard it.
(f)-(g) [Reserved]
(h) Applicability—household and conditionally exempt small quantity generator waste.
(1) Persons managing the wastes listed in subparagraphs (i) and (ii) of this paragraph may, at their option, manage them under the requirements of this Subpart:
(i) Household wastes that are exempt under section 371.1(e)(2)(i) of this Title and are also of the same type as the universal wastes defined at subdivision (i) of this section.
(ii) Conditionally exempt small quantity generator wastes that are exempt under section 371.1(f) of this Title and are also of the same type as the universal wastes defined in subdivision (i) of this section.
(2) Persons who commingle the wastes described in subparagraphs (1)(i) and (ii) of this subdivision together with universal waste regulated under this Subpart must manage the commingled waste under the requirements of this Subpart.
(i) Definitions.
(1) Ampule means an airtight vial made of glass, plastic, metal, or any combination of these materials.
(2) Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
(3) Destination facility means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in sections 374-3.2(d)(1), (3) and 374-3.3(d)(1), (3) of this Subpart. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
(4) FIFRA means the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136y), incorporated by reference in section 370.1(e) of this Title.
(5) Generator means any person, by site, whose act or process produces hazardous waste identified or listed in Part 371 of this Title or whose act first causes a hazardous waste to become subject to regulation.
(6) Lamp, also referred to as universal waste lamp, is defined as the bulp or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
(7) Large quantity handler of universal waste means a universal waste handler (as defined in this subdivision) who accumulates 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which the 5,000 kilogram limit is met or exceeded.
(8) Mercury-containing equipment means a device or part of a device (including thermostats, but excluding batteries and lamps) that contains elemental mercury integral to its function.
(9) On-site as defined in section 370.2(b) of this Title.
(10) Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:
(i) is a new animal drug under FFDCA section 201(w), incorporated by reference in section 370.1(e) of this Title;
(ii) is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug; or
(iii) is an animal feed under FFDCA section 201(x), incorporated by reference in section 370.1(e) of this Title, that bears or contains any substances described by subparagraph (i) or (ii) of this paragraph.
(11) Small quantity handler of universal waste means a universal waste handler (as defined in this subdivision) who does not accumulate 5,000 kilograms or more total of universal waste (batteries, pesticides, mercury-containing equipment, or lamps, calculated collectively) at any time.
(12) Thermostat means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of section 374-3.2(d)(3)(ii) or 374-3.3(d)(3)(ii) of this Subpart.
(13) Universal waste means any of the following hazardous wastes that are subject to the universal waste requirements of this Subpart:
(i) batteries as described in subdivision (b) of this section;
(ii) pesticides as described in subdivision (c) of this section;
(iii) mercury-containing equipment as described in subdivision (d) of this section; and
(iv) lamps as described in subdivision (e) of this section.
(14) Universal waste handler:
(i) Means:
(a) a generator (as defined in this subdivision) of universal waste; or
(b) the owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
(ii) Does not mean:
(a) a person who treats (except under the provisions of section 374-3.2[d][1] or [3]; or 374-3.3[d][1] or [3]), disposes of, or recycles universal waste; or
(b) a person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
(15) Universal waste transfer facility means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.
(16) Universal waste transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
6 CRR-NY 374-3.1
Current through February 28, 2021
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