environmental compliance and pollution prevention guide ......the environmental self-assessment and...

ENVIRONMENTAL COMPLIANCEAND POLLUTION PREVENTION GUIDE

for Small Quantity Generators

Revised March 2003(Originally Published March 1998)

New York State Department of Environmental ConservationPollution Prevention Unit

George E. Pataki, Governor Erin Crotty, Commissioner

TABLE OF CONTENTSINTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

SECTION I - Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Hazardous Waste Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Do You Generate Hazardous Waste? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Listed Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Characteristic Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Ignitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Corrosivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Reactivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Toxicity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2Mixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Used Oil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Counting Your Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Categories of Hazardous Waste Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Conditionally Exempt Small Quantity Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6Small Quantity Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Storage Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Emergency Preparedness and Response . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9Your EPA Identification Number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12The Manifest System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Licensed Transporter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Treatment, Storage, and Disposal Facilities (TSDF) . . . . . . . . . . . . . . . . . . . . . . 16Land Disposal Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Reclamation Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17Universal Waste Rule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18Scrap Metal Exemption for Used Electronics . . . . . . . . . . . . . . . . . . . . . . . . . . . 20Manifesting Exemption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Large Quantity Generators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21Some Commonly Asked Questions by SQGs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Water Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Best Management Practices (BMP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Pretreatment Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25Nonpoint Source Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Storm Water Discharges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26General SPDES Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26

Air Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Volatile Organic Compounds (VOCs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27Permitting Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Minor Facility Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27State Facility Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Title V Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28Regulation of Hazardous Air Pollutant Emissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Petroleum Bulk Storage Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29Secondary Containment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30When To Report A Spill . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Chemical Bulk Storage Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

Hazardous Substances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30Regulatory Deadlines and Requirements for Facility Upgrade . . . . . . . . . . . . . . . . . . . . . . . . . 30Secondary Containment at Transfer Stations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31Spill Prevention Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

SECTION II - Description of Waste Streams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32How To Use This Section . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Solvents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32Acids/Bases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Dry Cleaning Filtration Residues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Heavy Metals/Inorganics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Ignitable Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33Ink Sludges Containing Chromium and Lead . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Lead-Acid Batteries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Pesticides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Reactives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Spent Plating and Cyanide Wastes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Wood Preserving Agents: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

SECTION III - Pollution Prevention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Management Practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Good Housekeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37Inventory Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Employee Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Material Safety Data Sheets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Preventive Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39Spill Response Planning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39

Equipment and Process Modifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

SECTION IV - Resource Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41New York State Department of Environmental Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41NYSDEC Regional Offices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42State and Local Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43US Environmental Protection Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44New York State Permitted Household Hazardous Waste Facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . 45Resources on the Internet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46

TABLESTable 1 - Typical Businesses That Generate Hazardous Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4Table 2 - Pesticides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35

FIGURESFigure 1 - Notification of Regulated Waste Activity Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Figure 2 - Manifest Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

APPENDIXToxicity Characteristic Leaching Procedure (TCLP) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

FOREWORD

In 1976, the United States Congress passed the Resource Conservation and Recovery Act(RCRA) to protect human health and the environment from damage resulting from improperhandling of hazardous waste. This federal law sought to control the management of hazardouswaste from its point of generation to its ultimate disposal, from cradle to grave.

Initially, the focus was on large companies which produced the greatest proportion ofhazardous waste. Businesses producing less than 1000 kilograms (2,200 pounds) of hazardouswaste per month were not required to comply with most of the requirements applicable to largergenerators of hazardous waste.

Subsequently, attention focused on potential health and environmental problems whichcould result from mismanagement of a large number of Small Quantity Generators (SQG) ofhazardous waste, those generating between 100 and 1000 kilograms of hazardous waste permonth. In 1984, Congress passed amendments to RCRA which expanded the scope of the law toinclude Small Quantity Generators.

The United States Environmental Protection Agency (EPA), in response to the revisedfederal legislation, adopted regulations applicable to Small Quantity Generators in 1986. Tocomply with the regulations adopted by the EPA, New York State adopted its own regulationsfor Small Quantity Generators. All of the federal hazardous waste regulations are located in Title40 of the Code of Federal Regulations (CFR), Parts 260 to 299. The New York State hazardouswaste regulations can be found in 6 NYCRR Parts 370-374 and 376.

The original Are You a Small Quantity Generator? manual was developed in the mid to late80's and was based on the EPA Small Quantity Generator Manual. The 1998 update expandsupon the first version to include New York State air and water regulatory requirements andpollution prevention strategies that may be used to help meet, as well as go beyond, compliance.The 2003 update includes sections on 1) Petroleum and chemical bulk storage, 2) universalwaste, 3) used electronics, and 4) manifest exemption.

Keep this manual at your place of business and refer to the different sections on hazardouswaste, water, air, and pollution prevention, as you need them.

Environmental Compliance and P2 for SQGs 1 March 2003

The Call Is FreeCall (800) 462-6553 ifyou have any questionsabout this manual.

INTRODUCTION

This publication has been prepared bythe Pollution Prevention Unit of the NewYork State Department of EnvironmentalConservation (DEC). It was developed inorder to help small and medium-sizebusinesses understand environmentalrequirements.

A small quantity generator (SQG)refers to any business, municipality,institution, or corporation that generatesbetween 100 and 1,000 kilograms (220 and2,200 pounds) of non-acutehazardous waste per month,and stores between 1,000 and6,000 kilograms (13,200pounds) at any time. Thispublication will discuss boththe Small Quantity Generatorand the Conditionally ExemptSmall Quantity Generator (CESQG).

Climbing disposal costs and liabilitiesassociated with hazardous waste havechanged views about waste control.Businesses in New York State and all overthe world are concentrating their efforts onhow to eliminate or minimize hazardouswaste before it is generated. Manybusinesses are learning that preventingwaste is better than managing it. Not onlyare businesses saving money by notgenerating wastes, but they are also helpingthe environment. Section III of thispublication will discuss some pollutionprevention methods.

As a small business, you should befamiliar with the wastes you are generatingand how to properly manage them. Manysmall businesses understand their day-to-dayoperations, but are often not familiar withwhat wastes are generated or how toproperly manage them.

The Pollution Prevention Unitprovides a wide range of technicalassistance/public outreach in New YorkState. One way in which the PollutionPrevention Unit reaches out to smallbusinesses is by developing industry-specific manuals that summarize air, water,solid and hazardous waste regulations asthey pertain to that specific business sector.These manuals are called the EnvironmentalCompliance and Pollution Prevention

Guides and are complemented bythe Environmental Self-Assessment and PollutionPrevention Guides. The Self-Assessment Guide is a checklistof items that will help yourbusiness determine if you are incompliance with environmental

requirements as well as look for betterpollution prevention methods to incorporateinto your business. Other manuals that arenow available include the following industrysectors:‚ Vehicle Maintenance and Repair‚ Degreasing and Parts Cleaning‚ Metal Finishing‚ Electronics and Computer‚ College and Campuses‚ Automobile Recyclers‚ Food Processing‚ Health Care‚ Wood Furniture‚ Dry Cleaners‚ Printing‚ Photo finishing‚ X-ray Development

To obtain copies of these publications,you can call the Pollution Prevention Unit at(800) 462-6553 in New York State. OutsideNew York State call (518) 402-9469.


Hazardous Waste Regulations

Section I - Regulations

HOW TO IDENTIFY YOURHAZARDOUS WASTE

State hazardous waste managementregulations apply to most businesses thatgenerate hazardous waste. To find out ifthese regulations apply to your business, youmust first determine if you generatehazardous waste. Your waste may behazardous if your solid waste is notexcluded from regulation under 6 NYCRR371.1(e)(2) and meets any of the followingcriteria:

1. Listed Wastes - A waste is hazardousif it is listed in Part 371 of the NYSCodes, Rules and Regulations (6NYCRR). There are listed wastes sotoxic or reactive in small quantities thatthey are strictly regulated. These wastesare called Acutely Hazardous Wastes.They include such wastes as usedcyanide and strychnine compounds andcertain pesticide wastes. Many dioxin-containing wastes are also consideredacutely hazardous. Wastes marked withan asterisk in Table 2 on page 27 havebeen designated as acutely hazardous.If you generate more than 1 kilogram(2.2 pounds) of acutely hazardous wastein a month, or store more than 1kilogram, you are subject to theregulations which apply to LargeQuantity Generators.

2. Characteristic Wastes - If your wasteis not listed in 6 NYCRR Part 371, itcould still be considered a hazardouswaste if it exhibits one or more of thefollowing four characteristics:

IgnitabilityIt catches fire easily. Ignitablewastes include many organicsolvents and some paint wastesand strong oxidizing agents. Aliquid waste is ignitable if it hasa flash point of less than 60EC

(140EF). The waste code for ignitablewastes is D001.

CorrosivityIt dissolves metals and othermaterials, or burns the skin.Corrosive wastes include wasterust removers, waste acid or

alkaline cleaning fluids and waste batteryacid. Any liquid that has a pH of 2.0 orlower or a pH of 12.5 or higher is corrosive.The waste code for corrosive wastes isD002.

ReactivityIt undergoes violent chemical reactionspontaneously or reacts violently with air orwater. Reactive wastes include those whichcan generate toxic gases or vapors. Thewaste code for reactive wastes is D003.

ToxicityA waste sample is tested andanalyzed, using the toxicitycharacteristic leachingprocedure (TCLP). A waste

fails the TCLP test if the limitations for oneor all of the 40 substances that were testedhas exceeded the allowable standard. Thismeans that the waste tested contains highconcentrations of heavy metals or organics.See appendix for a list of substances coveredby the TCLP. Go to:http://www.wadsworth.org/labcert/elap/elap.html for a list of certified labs.

http://www.wadsworth.org/labcert/elap/elap


RememberIf your used oilis recycled orburned forenergyrecovery, thenyou can manageit under NYSsolid wasteregulations.

3. Mixtures - If your waste is a mixture ofsolid waste and a hazardous waste thatis listed in 371.4 solely because itexhibits one or more of thecharacteristics of hazardous waste (onpage 2) it is a hazardous waste, unlessthe waste no longer exhibits any of thecharacteristics of A hazardous waste.Mixing a hazardous waste with anymaterial is regulated and may require ahazardous waste Treatment, Storage orDisposal Facility (TSDF) permit unlessthe mixing process meets an exemptionin 373-1.1(d)(1). Also, even if themixture does not exhibit any hazardouswaste characteristics, the waste maystill be subject to the Land DisposalRestrictions found in 6 NYCRR Part376.

4. Used Oil - Used oilcontaining more than1000 ppm total halogensis presumed to be ahazardous wastebecause it has beenmixed with halogenatedhazardous waste listedin 6 NYCRR Section371.4. Persons mayrebut this presumptionto DEC. This means thatwhen you send yourused oil for recycling, and it contains1000 ppm total halogens when tested, itmay have the potential to containsolvent. If your used oil contains ahazardous solvent the whole mixturecould be considered a hazardous waste,therefore, would not be regulated underthe used oil regulations.

There are other circumstances in whicha used oil may be regulated as a

hazardous waste. If the generator knowsthat the listed hazardous wastes wereadded to the used oil, then the used oilmixture is a hazardous waste regardlessof the total halogens concentration,unless all such listed wastes are knownto have come from CESQGs.Furthermore, the used oil mixtureregulations in 6 NYCRR 374-2.2(b)describe the status of other types ofused oil mixtures. Persons who are notfamiliar with the used oil regulationsand require assistance in determiningwhether a mixture is a hazardous wasteor a used oil should contact theTechnical Determination Section at(518) 402-8633.

Another way that you can determine if your

waste is hazardous is by applying

knowledge. (You must have a basis,

analytical results, MSDS, etc.) If you are

certain that a specific waste that you

generate is not a hazardous waste because

of your knowledge about this waste, then

you can dispose of this waste as a solid

waste. However, it is your responsibility to

make this determination, and you will be

liable for any illegal disposal of hazardous

waste.

COUNTING YOUR HAZARDOUSWASTE

If you generate hazardous waste, it isyour responsibility as a generator todetermine how much you generate permonth as well as the name and type (acuteor non-acute) of waste you generate. Once


TABLE 1Typical Businesses That Generate Hazardous Waste

(For descriptions of the types of wastes see Section II)

Typical Hazardous Waste Generated by Small Businesses

BUSINESS HOW GENERATED TYPES OF WASTE WASTE CODES

VehicleMaintenance and

Dismantling

Degreasing, rust removal,paint preparation, spray guns,

tank clean out, vehicleservicing, vehicle recycling

Acids/bases, solvents,ignitables, toxics, paints,batteries, heavy metals,

mercury

D001, D002, D006,D008, D009,F001-F005

Dry Cleaning Commercial dry cleaningprocesses

Spent filter cartridges,cooked powder residue,

waste water

D001, D039, F002

Printing Plate preparation, stencilpreparation for screen

printing, photo processing,printing, cleanup

Acids/bases, heavymetals, solvents, ink,

toxic wastes

D002, D006, D008,F001-F005

Metal FinishingElectronics and

ComputerIndustry

Degreasing, cleaning,pickling, etching, polishing,

plating, coating

Acids/bases, industrialwastewater, solvents,heavy metals, baths,cyanides, sludges,

ignitables, reactives

F007, F008, F009,F011 F001-F005,

F006, F019

Surface Coating Degreasing, rust removal,paint preparation, brush

cleaning, spray booth, sprayguns, paint removal,

Acids/bases, ignitablespaint waste, solvents,

spent filters, toxicwastes

D001, D002, D006,D008, F001-F005

Degreasing Equipment cleaning, rustremoval, paint preparation

Acids/bases, ignitablessolvents, still bottoms

D001, D002, D006,D008, F001-F005,

Photo Finishing Photo processing Acids/bases, silver,wash water

D001, D002, D003,F001-F005

Pesticide Users Pesticide application andcleanup

Unused pesticides, rinsewater, empty containers

D001, F001-F005,U129, U136, P094,

P123

EducationalInstitutions

Automobile servicing,metal/woodworking, printing,

cleanup, photo processing,lab wastes

Acids/bases, paintwastes, solvents,ignitables, toxics,reactives, inks

D001, D002, F001-F005


you have identified your waste, you mustassign the correct waste code for each waste.Some waste codes are listed in Table 1 and inSection II. The complete list of waste codescan be found in 6 NYCRR Part 371.

To determine the quantity of hazardouswaste you generate per month, you mustidentify which wastes must be counted andwhich wastes that can be excluded from yourmonthly total.

Do Count You count all quantities of "Listed" and"Characteristic" hazardous wastes that you:

# Accumulated on-site for any period oftime prior to disposal or recycling.

# Packaged and transported off-site.# Placed directly in a regulated treatment

or disposal unit at your place of business.# Generated as still bottoms or sludges and

removed from product storage tanks.

Don't CountYou do not have to count wastes that:

# Are specifically exempted from counting.Examples include spent lead-acidbatteries that will be sent off site forreclamation, scrap metal that will berecycled, used electronics that arerecycled, used oil managed under 6NYCRR Part 360-14, and universalwastes that include NiCd batteries,mercury thermostats, fluorescent lamps,and certain pesticides.

# May be left in the bottom of containersthat have been completely emptiedthrough conventional means, such aspouring or pumping. Containers thatheld an acute hazardous waste must bethoroughly cleaned.

# Are left as residue in the bottom ofproduct storage tanks, if the residue is notremoved from the product tank.

To help you identify some of the wastestreams common to your business, see Table1 on page 4 which lists typical hazardouswaste generated by small businesses. If yourwaste is hazardous, you will need to manageit according to state regulations.

Once you have determined that yougenerate hazardous waste and you have someidea of how to count your wastes, you need todetermine what category of hazardous wastegenerator applies to your business. Yourrequirements will differ for each category.

Know Your BusinessMany small businesses understand their day-

to-day operations, but they may not be

familiar with the wastes that they generate or

how to properly manage them. By reading this

manual, you will have a better understanding

of how your business can stay in compliance

with DEC regulations. In addition, you will

have a better overview of how to manage your

wastes. For additional information, see

Section IV for a list of technical assistance

providers.

The three categories of hazardous wastegenerators are: Conditionally ExemptSmall Quantity Generator (CESQG), SmallQuantity Generator (SQG), and LargeQuantity Generator (LQG).


One 55 gallon drum = about 200 kilograms1000 kilograms = 2200 pounds ~ 275 gals.

100 kilograms = 220 pounds ~ 28 gals.

CONDITIONALLY EXEMPTSMALL QUANTITYGENERATORS

This category of hazardous wastegenerators will have the fewest requirements.By using good waste management practicesand a little extra effort, your business cangenerate less waste which could put you inthis category of waste generators. In order tobe a CESQG, you must meet all of thefollowing conditions:

# Generate no more than 100 kilograms(220 pounds) per month of listed and/orcharacteristic hazardous waste.

# Generate no more than 1 kilogram (2.2pounds) per month of acutely hazardouswaste.

# Store no more than 1000 kilograms(2,200 pounds) of listed and/orcharacteristic hazardous waste.

# Store no more than 1 kilogram (2.2pounds) of acutely hazardous waste.

If your business is classified as aconditionally exempt small quantitygenerator, you:

1. must identify all hazardous waste thatyou generate. You are responsible forknowing which of your wastes would beclassified as hazardous and what thecorrect waste codes are for the hazardouswastes.

2. cannot store more than 1000 kg ofhazardous waste on-site at any time, butthere are no time limits for storage.

3. must ensure delivery of your hazardouswaste to a DEC-approved facility that isone of the following:

# A state or federally regulatedhazardous waste management treatment,storage, or disposal facility. Part 364haulers can also deliver to these facilities# You can deliver the waste yourself toany department-approved facilityauthorized to manage municipal orindustrial solid waste. For example, somelandfills will take dry paints and stillbottoms. Municipal incinerators may beable to take waste materials such as paintthinners, and some solvent formulations.You must obtain prior approval fromthese facilities.# A facility that uses, reuses, orlegitimately recycles the waste. If you arerecycling or treating the waste yourself,please call DEC at (518) 402-8633 if youneed more information on hazardouswaste treatment or recycling.# A permitted household hazardouswaste collection facility that acceptsCESQG waste. (Check with yourmunicipality or call (800) 462-6553.)# A universal waste handler ordestination facility subject to theuniversal waste requirements of 40 CFRPart 273. (Universal wastes are wastessuch as certain batteries, recalled orcollected pesticides, mercury-containingthermostats, or fluorescent lamps andballasts).


WarningIt is both illegal anddangerous to puthazardous waste in thetrash dumpster. Thispractice can harm thep e o p l e w h ounknowingly handlethe waste.

Conditionally exempt small quantitygenerators have two options for gettingtheir wastes to a disposal facility or arecycler:

1. Your company can use a 6 NYCRR Part364 Permitted Hazardous Waste Hauler.

2. Your companycan legally haulthe waste itselfto an approvedfacility locatedwithin NewYork State.Some localitieshave additionalrequirements. You can haul upto 100 kilograms(220 pounds) ofhazardous waste per month withouthaving to obtain a NYS Part 364permit.

SMALL QUANTITYGENERATORS

If you are a small quantity generator,you must meet all of the followingconditions:

# Generate between 100 and 1000kilograms per month of hazardouswaste.

# Generate no more than 1 kilogram permonth of acutely hazardous waste.

# Store up to 6000 kilograms (13,200pounds) of hazardous waste.

# Store no more than 1 kilogram ofacutely hazardous waste.

Small Quantity Generators must complywith all of the following requirements:

< Storage requirements< Emergency Preparedness and Response< EPA Identification Number< Manifest< Use a licensed transporter< Have waste sent only to an authorized

treatment, storage, or disposal facility< Land disposal restrictions

Storage RequirementsSmall Quantity Generators may store up to6000 kilograms (13,200 pounds) of listedand/or characteristic hazardous waste on-sitefor up to 180 days, or up to 270 days if thewaste must be shipped to a treatment,storage, or disposal facility that is locatedover 200 miles away. Small quantitygenerators may store no more than 1kilogram (2.2 pounds) of acutely hazardouswaste on-site for any length of time.

If a Small Quantity Generator exceedsthe 180 or 270 day limit for accumulatingwaste, he may request an extension.Extensions of up to 30 days may be grantedby DEC if the waste must remain on-site dueto unforeseen, temporary, or uncontrollablecircumstances.

Small Quantity Generators who storehazardous waste on-site must follow certaincommon sense rules to protect human healthand the environment and to reduce thelikelihood of damages or injuries caused byleaks or spills of hazardous wastes.

Small quantity generators must complywith the 180-day storage requirements whilelarge quantity generators must comply withthe 90-day storage requirements. There is notime limit that conditionally exempt smallquantity generators can store their hazardouswaste as long as they do not accumulatemore than 1000 kg (2200 lbs).


If you store hazardous waste incontainers, you must:

# Clearly mark each container with thewords "HAZARDOUS WASTE" andother words that will identify thecontents. Also, mark the date on thecontainer when you first startedcollecting waste in that container.

# Keep containers in good condition,handle them carefully, and replace anyleaking ones.

# Never store hazardous waste incontainers that could rupture, leak,corrode, or fail in some other way.

# Keep containers closed except whenyou fill or empty them.

# Inspect containers for leaks andcorrosion every week.

# Separate and protect reactive orignitable waste from sources of ignitionor reaction.

# Ensure that the waste being placed in acontainer will not react with thecontainer itself or with any residue ofwaste previously held in the container.

# Never store wastes in the samecontainer that could react to cause fires,leaks, or other releases.

# Separate by a dike, berm, wall or otherdevice containers of waste which areincompatible with other containers ofwaste stored nearby.

# Have secondary containment if you arelocated over a sole source aquifer andstore more than 185 gallons (about 700kilograms) of liquid hazardous waste.

If you store waste in tanks, you mustmake sure the following requirements aremet: # Never store hazardous waste in a tank if

it may cause rupture, leaks, corrosion or

otherwise cause the tank to fail.# Uncovered tanks must be operated to

ensure at least 60 centimeters (two feet)of space at the top of the tank, unlessthe tank is equipped with a containmentstructure, a drainage control system, ora diversion structure with a capacitythat equals or exceeds the volume of thetop 60 centimeters of the tank.

# Where hazardous waste is continuouslyfed into a tank, the tank must beequipped with a means to stop theinflow, such as a waste feed cut-offsystem or a bypass system to a stand-bytank.

# Discharge control equipment must beinspected once each operating day toensure that it is in good working order.

# Data from monitoring equipment mustbe gathered once each operating day toensure that the tank is being operatedaccording to its design.

# To ensure compliance of uncoveredtanks, the level of waste in the tankmust be inspected once each operatingday.

# The tank construction materials must beinspected at least once a week to detectcorrosion or leaking of fixtures orseams.

# The construction material of dischargeconfinement structures and the areaimmediately surrounding dischargeconfinement structures must beinspected weekly to detect erosion orobvious signs of leakage.

# Incompatible wastes must not be storedin the same tank.

# Hazardous waste must not be placed inan unwashed tank which previouslyheld an incompatible waste or material.

# If over a sole source aquifer, havesecondary containment if you storemore than 110 gallons (418 liters) of


liquid hazardous waste in undergroundstorage tanks or more than 185 gallons(703 liters) of liquid hazardous waste inabove-ground storage tanks.

Satellite Accumulation AreasA generator may accumulate up to 55

gallons of hazardous waste, or 1 quart ofacutely hazardous waste, in containers at ornear any point of generation which is underthe control of the operator of the processgenerating the waste. You can use a satelliteaccumulation area without obtaining apermit or interim status, or withoutcomplying with the 180-day storagerequirements provided the generator:

# complies with 6 NYCRR Section 373-3.9(b)-(d);

# marks the containers with the words“Hazardous Waste”;

# label the containers to identify thecontents, (i.e., flammable, reactive);and

# dates the container when full.

If a generator accumulates more than 55gallons of hazardous waste in a satelliteaccumulation area, within 3 days thegenerator must mark the container holdingthe excess accumulation of hazardous wastewith the date the excess amount beganaccumulating.

In addition, the quantities stored insatellite accumulation areas need to becounted against the maximum storagequantities. Example: If you are aconditionally exempt small quantitygenerator and accumulated 2,150 pounds inyour hazardous waste storage area, but have55 gallons of hazardous waste accumulatedin your satellite area, you have just exceededyour storage limits and will be re-classifiedto a small quantity generator. Practicing

good waste management could haveprevented this.

Emergency Preparednessand Response

Small Quantity Generators must complywith the following emergency requirements:

# At least one employee must bedesignated as the EmergencyCoordinator who must be on call or onthe premises at all times to coordinateall emergency response measures.

# The facility must post the followinginformation next to all telephones in thework place:

‘ the name and telephone number ofthe emergency coordinator or his/herequal;

‘ the location of fire extinguishers andspill control material, and if present, thefire alarm; and

‘ the telephone number of the firedepartment, unless the facility has adirect alarm.

# Employees must be familiar withproper waste handling and emergencyresponse procedures relevant to theirresponsibilities during normal facilityoperation and emergencies.

# In the event of a fire, the emergencycoordinator or his designee must callthe fire department or attempt toextinguish the fire with a fireextinguisher.

# In the event of a spill, the emergencycoordinator or his designee mustattempt to contain the spill and, as soonas is practicable, to clean up anyresultant contamination.


# In the event of an emergencythreatening public health outside thefacility or when the generator is awarethat a spill has reached surface water,the generator must


Figure 1


Figure 1 (cont’d)


immediately notify the National ResponseCenter at (800) 424-8802 and DEC at (518)457-7362 with the following information:

# the name, address and EPAidentification number of the generator;

# the date, time and type of incident;# the quantity and type of hazardous

waste involved;# the extent of injuries, if any; and# the estimated quantity and disposition

of recovered materials.

EPA Identification NumberIf your business generates more than 100kilograms (220 pounds) of non-acutehazardous waste in any calendar month, you

will need to obtain an EPA IdentificationNumber. Transporters and facilities thatstore, treat or dispose of regulated quantities of hazardous waste must alsohave EPA Identification Numbers. Thesetwelve-character identification numbersuniquely identify hazardous wastegenerators, transporters, and treatment,storage, or disposal facilities (TSDFs). Theyallow tracking of hazardous waste from itspoint of origin to its ultimate point ofdisposal.

To obtain your EPA Identification Number,call the EPA Region II Office at (212) 637-4106, and ask for a copy of EPA Form8700-12, "Notification of Regulated WasteActivity." You will be sent a bookletcontaining the two-page form andinstructions for filling it out. Figure 1 onpages 10 and 11 is a sample copy of thenotification form to show you the kinds ofinformation required.

To complete item IX of the form, you needto identify your hazardous waste codes.Section II on page 24 contains somecommon hazardous waste codes.

Complete one copy of the form for each ofyour plant sites or business locations whereyou generate or handle hazardous wastes. Each site or location will receive its ownEPA Identification Number.

Lastly, make sure your form is filled outcompletely and correctly and sign thecertification in item X. Submit the form tothe EPA Region II office. You will beassigned an EPA Identification Numberunique to the site identified on your form.Use this number on all hazardous wasteshipping papers. You should notify EPA atthe address given below if the plant site orbusiness location is moved or if the name ofthe facility changes.

EPA Region II OfficeDEPP290 BroadwayNew York, NY 10007-1866(212) 637-4106Attn: Jack Hoyt

The Manifest SystemThe hazardous waste manifest is a multi-copy shipping document that you must fillout and use to accompany your hazardouswaste shipments.

All generators, except conditionally exemptgenerators, must manifest their hazardouswaste shipments. The manifest form isdesigned so that shipments of hazardouswaste can be tracked from their point ofgeneration to their final point of disposal.


Figure 2


The hazardous waste generator, thetransporter and the designated treatment ordisposal facility must each sign thisdocument and keep a copy. The operator ofthe designated facility must also send a copyback to the generator, so that the generatorcan be sure that the shipment has arrived.The generator must keep this copy, whichbears the signatures of the transporter andthe designated facility operator, on file forthree years.

The generator is responsible for ensuring thehazardous waste manifest is properly filledout, and then the following steps must betaken:

# The transporter signs and dates themanifest, giving copies 3, 4 and 8 backto the generator. The transporter keepscopies 1, 2, 5, 6 and 7 and takes them tothe designated waste handling facility.

# The representative of the designatedfacility must verify acceptance of the waste shipment and sign and date themultiple copies of the manifest. Thefacility keeps copy 6 for its ownrecords. Copy 7 then goes back to thetransporter, copy 1 goes to the statewhere the disposal facility is located,copy 2 goes to the state where the wastewas generated and copy 5 gets mailedback to the generator.

# The generator mails copy 3 to the statein which the designated disposal orprocessing facility is located, and copy4 to the generator’s home state.

# The generator must keep copy 8 and afully signed copy 5 on file for threeyears.

If the generator does not receive a signedcopy from the designated wastemanagement facility showing acceptance of

the waste within 35 days of the date ofshipment, the generator must contact thetransporter and/or the disposal facility tofind out why.

It is important to remember that just

because you have shipped the hazardous

waste off your site and it is no longer in

your possession, your liability has not

ended. You are potentially liable for any

mismanagement of your hazardous waste.

The manifest will help you to track yourwaste during shipment and make sure itarrives at the proper destination.

If you generate hazardous waste in NewYork State and the waste is sent to a NewYork State- approved facility, then you mustuse a NYS Hazardous Waste Manifest form.(Remember as we stated previously:conditionally exempt small quantitygenerators (CESQGs) are not required to fillout a manifest.) If the state to which you areshipping your waste has its own manifestform, you must use that state’s manifestform. If the state to which you are shippingyour waste does not have its own manifest,you must use the manifest of the state inwhich your waste was generated.

New York State has its own manifest form.A sample NYS Hazardous Waste Manifestform is presented in Figure 2, on page 13. When you sign the certification in item 16you are personally confirming that:

# The manifest is complete andaccurately describes the shipment.

# The shipment is ready for transport.# You have considered whether your


Keep In MindSmall QuantityGenerators cannot transporttheir own waste.

waste management arrangements arethe best to reduce the amount andhazardous nature of your wastes.

If you are a generator in New York State orship to an approved facility in NYS, youmay obtain NYS manifest forms from yourregional DEC office. See Section IV for acomplete list of DEC offices. In addition,you can obtain manifest forms from theCentral Office of the DEC by calling (518)402-8730.

Licensed TransporterSmall QuantityGenerators in NYSmay accumulate upto 6000 kilograms(13,200 pounds) ofhazardous waste forup to 180 days, or forup to 270 days ifthey must ship to a treatment, storage, ordisposal facility (TSDF) located over 200miles away. Transporters of hazardouswaste in New York State must possess Part364 Waste Transporter Permits and mayonly transport hazardous wastes to TSDFsthat are authorized to accept hazardouswaste. Since generators of hazardous wastemay be held responsible for mismanagementof their waste after it has left their premises,it is advisable for generators to ensure thatthey use only duly authorized transportersand TSDFs.

If you want to find out if your transporter ispermitted, contact the Waste TransporterPermit Section of the DEC at (518) 402-8705. Section personnel will be able toprovide you with computer generatedlistings of currently permitted wastetransporters and the types of waste they areauthorized to transport.

You should contact the hauler and the TSDFto verify that they have EPA IdentificationNumbers and that they can and will handleyour waste. Also, make sure that they havecurrent permits, adequate insurance, and thatthe hauler's vehicles are in good condition.Choosing a transporter and a TSDF maytake some time, therefore try to begin yoursearch well ahead of the time you will needto ship your waste.

When you prepare hazardous waste forshipment, you must put the waste incontainers acceptable for transportation.Make sure the containers are properlylabeled and in compliance with applicableNYSDOT regulations. To determinelabeling requirements for your wastes,contact DEC.

Part 364 transporters must meet certainconditions in order to receive a DEC permit,which is renewed annually. For instance,they must maintain a certain amount ofliability insurance to cover cleanup of spillsor accidents, and each permit specifies thetypes of waste that can be hauled and wherethe wastes may be hauled.

Many businesses use brokers to arrange thedetails of transportation and disposal of theirhazardous waste. The broker may beindependent; in other cases, the transporteror the TSDF acts as a broker. Using a brokermay facilitate waste disposal. However, asthe generator of the waste, you retainresponsibility for its transportation andtreatment or disposal. When dealing withbrokers, it remains your responsibility toensure that:

# You have written communication fromthe ultimate designated treatment,storage or disposal facility for the


particular wastes being offered forshipment stating that the facility isauthorized and has the capacity toaccept the hazardous waste set forth onthe manifest and that the facility willassure that the ultimate disposal methodis followed;

# You have written communication thatthe designated transporter is authorizedto deliver the waste to the facility onthe manifest;

# Copies of the manifest are distributed asshown on the New York State manifestform. When an out-of-state manifestdoes not have sufficient sheets for fullnotification of shipment and receipt,make additional copies; and

# Your shipment papers contain thenotifications and certifications requiredby the federal and state land disposalrestrictions. (See page 16 - landdisposal restrictions)

# An independent broker may not takephysical possession of the waste.

In order to ensure that your waste is handledproperly, you should also considerrequesting the following information ortaking the following steps:

# Request copies of all waste analysesdone on samples of your wastes.

# Request a certificate of treatment ordisposal for the waste from the ultimatedisposal facility; this should beconsistent with the method shown onthe manifest or the exception report.

# Call the DEC office in your region (seeSection IV) on a periodic basis to verifythat the transporter and treatment ordisposal facility have the proper wastehandling permits.

# When the hauler arrives at your site topick up your wastes, ask to see a copyof his or her Part 364 permit. Licensed364 haulers must keep a copy of thepermit in each truck. Look for thefollowing information on the permit,which should be consistent with theinformation on the manifest:

‘ the license plate number of thevehicle;

‘ the expiration date of the permit;‘ the types of wastes that can be

hauled;‘ the facilities to which the hauler can take your waste.

# Check with the Better Business Bureauor Chamber of Commerce to see if thereare records of complaints or problemsagainst the hauler or treatment facility.Your colleagues or associations mayalso have information about haulers ortreatment facilities in your area.

Treatment, Storage, and DisposalFacility (TSDF)

Small quantity generators can only sendtheir waste to a regulated TSDF or recycler.All TSDFs and recyclers must have EPAidentification numbers.

Land Disposal RestrictionsNew York State has adopted Land DisposalRestrictions (LDRs) that Congress passedinto law in 1984. The LDR program requiresthat the waste is treated to reduce thehazardous constituents to levels set by EPA,or that the waste is treated using a specifictechnology before being disposed to land.Most SQGs will probably have theirdesignated treatment, storage, or disposalfacility be responsible for this treatment.


Some examples of wastes that must betreated include used solvents, metal wastes,cyanide-containing wastes, and other typesof hazardous wastes.

Since November 1988, unless specificallyexempt or excluded, small quantitygenerators that generate more than 100kilograms of hazardous waste in anycalendar month have been affected by thefederal LDR requirements. If you choose totreat or recycle your waste yourself to meetLDR treatment standards, you must meetrequirements for a waste analysis plan. CallDEC before you treat any hazardous waste.

Notification/Certification to Treatment,Storage or Disposal Facility

The notification must include the hazardouswaste code for each waste, anysubcategories, the manifest number, thetreatability group (wastewater or non-wastewater), and the regulated hazardousconstituents or underlying hazardousconstituents of certain wastes associatedwith the waste shipment. The certificationmust include the same information as anotification, as well as a signed certification.

Record KeepingMaintain the following for at least threeyears:

# Waste analysis records.# Notifications/certifications to treatment,

storage and disposal facilities, wasteanalysis data, if available, tollingagreement (reclamation exemption) andany other documents associated withyour waste management.

# Any constituent monitoring.

A laboratory analysis is not necessary if thecontents are known, and waste can be

classified by a generator's knowledge.(Generator’s knowledge must be verifiable).An analysis may be necessary initially, butnot every time waste is generated.

If a broker, hauler or facility handles yourpaperwork for you, use the above section asa checklist to ensure that all LDRrequirements are met. Keep copies of allpaperwork that you sign.

EXEMPTIONSThere are certain exclusions or

reclamation exemptions that apply to certainhazardous wastes that are generated.

Reclamation ExemptionMaterials that are regenerated or processedto recover a useable product may beexcluded from being a hazardous waste.Hazardous waste that are destined forreclamation, generally do not need to becounted unless they qualify for a specificinclusion.

If you are a SQG, you do not have tomanifest wastes that are designated forreclamation if you enter into a contractualagreement with the reclaimer and abide bythe following:

# The type of waste and frequency ofshipments are specified by thegenerator and reclaimer.

# The vehicle used in transporting thewaste is owned and operated by thereclaimer.

# The reclaimer complies with 6 NYCRRPart 364 waste transporterrequirements.

# The generator records the hazardouswaste codes, the quantities shipped, andthe shipment dates.


# The generator keeps a copy of thereclamation agreement for at least threeyears after termination or expiration ofthe agreement.

Transporters servicing small quantitygenerators need not manifest theirshipments, provided that the transporter alsoabides by the five requirements listed above.In addition, the transporter must carry theserecords when hauling waste to thereclamation facility as well as record thegenerator’s EPA Identification Number, ifrequired.

Similarly, this exemption extends to TSDFsaccepting waste for reclamation. TSDFsmay accept from SQGs waste notmanifested for reclamation if the waste isbeing reclaimed in accordance with acontractual agreement. The TSDF mustrecord the name, address and EPAIdentification Number of the generator alongwith the quantities, waste types, andshipment dates.

The TSDF must retain these records forthree years after expiration or terminationof the agreement. Lastly, the TSDF mustsubmit quarterly summaries to DEC statingwhat wastes were accepted for reclamation.Forms can be sent to: NYSDEC, Division ofSolid and Hazardous Materials, DataManagement Section, 625 Broadway,Albany, NY 12233-7251.

Universal Waste RuleTo streamline the hazardous wasteregulations for wastes that are generated bylarge numbers of sources (batteries,pesticides, thermostats, and lamps) inrelatively small quantities, USEPA issuedthe Universal Waste Rule in 1995. Theuniversal waste regulations govern the

collection and management of these widelygenerated wastes. Theses regulations weredesigned to reduce the amount of hazardouswaste items in the municipal solid wastestream; encourage the recycling and properdisposal of some common hazardous wastes;and reduce the regulatory burden on theregulated community. Universal wastes aregenerated in a wide variety of settingsincluding households, schools, officebuildings, and medical facilities, in additionto the industrial settings usually associatedwith hazardous wastes. Universal wastesinclude such items as hazardous batteries,hazardous mercury-containing thermostats,certain pesticides, and hazardous lamps.Although handlers of universal wastes mustmeet less stringent standards for storing,transporting, and collecting wastes, thewastes must comply with full hazardouswaste requirements for final recycling,treatment, or disposal. Managing wasteunder the Universal Waste Rule helpsremove these wastes from municipallandfills and incinerators, which providesstronger safeguards for public health and theenvironment. Items included under universalwaste include:

1. Batteries - Batteries included arenickel-cadmium (Ni-Cd), lithium, andsmall sealed lead-acid batteries, whichare found in many common items in thebusiness and home, including electronicequipment, mobile telephones, portablecomputers, and emergency backuplighting.

2. Mercury Thermostats - Mercurythermostats are located in manybuildings including offices, schools,industrial facilities, and homes.


3. Pesticides - Agricultural pesticides thatare recalled under certain conditionsand unused pesticides that are collectedand managed as part of a wastepesticide collection program. Pesticidesmay be unwanted for a number ofreasons, such as being banned,obsolete, damaged or no longer neededdue to changes in cropping patterns orother factors.

4. Hazardous Lamps - Examples ofcommon universal waste hazardouslamps include, but are not limited to,fluorescent lights, high intensitydischarge, neon, mercury vapor, highpressure sodium, and metal halidelamps. Many used lamps are consideredhazardous wastes under the ResourceConservation and Recovery Act(RCRA) because of the presence ofmercury or occasionally lead.

Requirements for Universal WasteIf your waste includes hazardous

batteries, pesticides, thermostats, or lamps,you must decide whether or not you willmanage them as universal waste. You maychoose between traditional hazardous wasteregulations or universal waste rulestandards. However, flip-flopping betweenthe two sets in order to avoid meetingrequirements of one or both sets ofregulations is not allowed. For example,storage time limits exist for bothmanagement scenarios. Flip-floppingbetween regulations will not extend storagetime.

If you decide to manage these wastesunder the traditional hazardous wasteregulations, you must count them indetermining whether you are a conditionallyexempt small quantity generator (CESQG),a small quantity generator (SQG) or a large

quantity generator (LQG). They must alsobe reported on the generator annual report ifyou are required to file an annual report.

If you decide to manage these wastesunder the Universal Waste Rule then thesewastes are not counted for the purpose ofdetermining generator category, need not bereported on your hazardous waste report,and are not counted for regulatory feepurposes.

Proper handling and storage of universalwaste

If your facility manages any of theabove mentioned universal wastes at yoursite, then you are either a small quantityhandler or a large quantity handler ofuniversal waste. A small quantity handler ofuniversal waste is any facility thataccumulates less than 5,000 kg (11,000 lbs)of total universal wastes on site at any time.Requirements include packaging in a way tominimize breakage; immediately cleaningup any leaks or spills; spills; properlylabeling each lamp or container; mustprovide employee training; and must assureuniversal wastes are only taken to anotheruniversal waste handler, authorizeddestination facility, or foreign destination. Alarge quantity handler of universal wasteaccumulates 5,000 kg (11,000 lbs) or moreof total universal wastes on site at any time.Requirements include all the small quantityhandler requirements plus EPA notification;record keeping and reporting requirements.Both large and small quantity handlers canstore universal waste up to one year on site.

Universal waste transporters must meetapplicable DOT standards; comply withrecord keeping and reporting requirements;and comply with applicable requirements of6 NYCRR Part 364 (waste transporterpermits) if transporting more than 500 lbs oftotal universal waste in any shipment. Small


or large quantity handlers may self-transportuniversal wastes in quantities less than 500pounds of total universal waste without awaste transporter permit. Similarly, commoncarriers can transport up to 500 lbs ofuniversal waste in any shipment without apermit as well.

Destination facilities must comply withall applicable requirements of 6 NYCRRParts 370 through 374-3 and 376, includingnotification of hazardous waste activity andobtaining a Part 373 hazardous wastepermit, if applicable.

Regulatory requirements for fluorescentlamps

Currently, most waste fluorescent bulbsare hazardous wastes due to their mercurycontent. Other examples of lamps that, whenspent, are commonly classified as hazardouswaste include high-intensity discharge,neon, mercury vapor, high pressure sodiumand metal halide lamps. The U.S.Environmental Protection Agency (USEPA)added hazardous waste lamps to theUniversal Waste Rule (64 FR 36465 -36490) in 1999, and DEC adopted theseregulations on March 15, 2002. Handlers ofhazardous waste lamps are able to choosebetween handling their lamps under thetraditional hazardous waste regulations oruniversal waste rule standards. However,once you declare your lamps universalwastes, you must continue to handle them asuniversal wastes. Jumping back and forthbetween the traditional RCRA approach andthe Universal Waste Rule in order to avoidany requirements is prohibited.

Requirements for both small and largequantity handlers have been noted in therequirements for universal waste.

More information on handling offluorescent lamps and universal wastes canbe found on the DEC web site at:

www.dec.state.ny.us/website/dshm/hzwstman/bulbs2.htm. You can also contact theWaste Management Section of the Divisionof Solid and Hazardous Materials at(518) 402-8633.

Requirements for fluorescent bulbcrushers

Lamps being managed under theuniversal waste rule may not be crushed. Ifyou wish to crush your lamps, you will needto manage the lamps under the traditionalhazardous waste regulations. This willrequire that you count the weight of thelamps toward determining hazardous wastegenerator category, and you will be requiredto meet applicable generator, transporter andtransfer facility standards. Crushing isconsidered a form of hazardous wastetreatment, and under ordinary hazardouswaste generator regulations, hazardouswaste lamps may only be crushed if theprocess is exempt from hazardous wastetreatment regulations (6 NYCRR373-1.1(d)(1)). The common exemptionsthat might be used are the on-site treatmentby a conditionally exempt small quantitygenerator; the first step of a recyclingprocess, if the lamps will be directed to amercury recycler; or the treatment in thetank or container in which the lamps arebeing stored. The crushed lamps are usuallyconsidered hazardous waste for mercury,and sometimes for lead, and must behandled and disposed of via normalhazardous waste requirements. Generatorswho wish to use one of the latter twoexemptions should seek specific guidancefrom the Technical Determination Section at(518) 402-8633.


Scrap Metal Exemption forUsed Electronics

Most discarded electronics that wouldqualify as hazardous waste (e.g., computermonitors) are considered to containsufficient quantities of scrap metal parts thatthey can be regarded as scrap metalthemselves, and, thus, would be exemptedfrom regulation (scrap metal exemption) ashazardous waste. The following conditionsmust be met:

• Prior Notification [6 NYCRR371.1(c)(7)]: If the generator is not aConditionally Exempt Small QuantityGenerator (CESQG), both the generatorand subsequent handlers in therecycling process in New York Stateare required to submit a "c7"notification to DEC. The “c7"notification gives certain basicinformation, such as the locations ofgenerating and receiving facilities.Although written concurrence fromDEC is not required, DEC will provideone upon request (provided theelectronics item, in fact, qualifies forthe exemption).

• Scrap metal must ultimately berecycled. The scrap metal exemptionrequires that scrap metal pieces actuallybe reclaimed from the hazardouselectronics and that they be recycled.

Note that the scrap metal exemption cannotapply to a part separated from the wholecomponent unless that separated partindependently contains scrap metal piecesthat will ultimately be reclaimed. Forexample, an all-plastic case that wasseparated from a computer monitor could nolonger qualify for the scrap metalexemption, nor could cathode ray tube(CRT) glass, once the scrap metal pieces

have been separated from the glass. An itemwhich qualifies as hazardous scrap metal isstill a hazardous waste. It is merelyexempted from regulation.

Manifesting ExemptionIf your facility enters into a contractualagreement where a waste hauler isreclaiming the waste in which:

• The type of wastes and frequency ofshipments are specified in theagreement;

• The vehicle used to transport the wasteto the recycling facility and to deliverthe regenerated material back to thefacility are owned and operated by thereclaimer;

• The reclaimer complies with all Part364 waste hauler permit requirements;

• The generator keeps records of thehazardous waste codes, quantity ofwaste shipped, and the date the wastewas shipped for each shipment;

• The generator maintains a copy of thereclamation agreement on file for aperiod of at least three years aftertermination/expiration of theagreement.

LARGE QUANTITYGENERATORS

You would be considered a largequantity generator if your business does anyof the following:

# Generate more than 1000 kilograms(2,200 pounds) per month of hazardouswaste.

# Generate more than 1 kilogram (2.2pounds) per month of acutely hazardouswaste.

# Store more than 6000 kilograms(13,200 pounds) of hazardous waste.


# Store more than 1 kilogram (2.2pounds) of acutely hazardous waste.

Large quantity generators mustmanifest their waste, obtain an EPA IDnumber, store hazardous waste no more than90 days on site, submit biennial reports toDEC, keep records at your site for threeyears, comply with land disposalrestrictions, and comply with export/importrequirements for shipping waste.

Fully regulated generators are notcovered in this manual. You can obtain acopy of the regulations for large quantitygenerators at:http://www.dec.state.ny.us/website/dshm/regs/370parts.htm., or by calling 518-402-8730.

SOME COMMONLY ASKEDQUESTIONS BY SQGs

Q Where should I dispose of myfluorescent lamps?

A Fluorescent bulbs contain mercury andshould not be discarded in dumpsters.Instead, it is recommended thatfluorescent bulbs be recycled as auniversal waste. Effective January 6,2000, DEC issued an enforcementdiscretion that allows businesses torecycle their fluorescent bulbs as auniversal waste. This means that theywould not have to be counted as part ofyour hazardous waste monthlygeneration totals. Fluorescent lightballasts are not hazardous wastes, atleast not for PCB content. Leakingballasts are regulated by EPA under theToxic Substance Control Act (TSCA).You can obtain a list of fluorescent bulbrecyclers at:

http://www.dec.state.ny.us/website/dshm/hzwstman/lamprecy.htm

Q I have several drums of a product thatour company can no longer use. Do Ihave to discard this as a waste?

A A useable product (e.g., pesticides,stain, varnish, solvent) that is no longerneeded can, in most cases, be given orsold to another business ororganization. If the product can not betransferred to another party (continueduse) and you must discard the product,then this would be considered a wasteand must be managed as such. Somebusinesses do not want to give awaytheir unusable products because theyare concerned about the liability of thisproduct being discarded illegally,especially if the waste is hazardous.Giving away a useable product does notnecessarily constitute generating awaste, in which case, the new ownerwould become liable for any illegalwaste disposal. Remember, good recordkeeping is always a good managementpractice.

Q I am a contractor and will be doing alead abatement project. I will beremoving construction and demolition(C&D) debris from old homes thatcontain lead paint. Where do I discardthis material?

A You must first determine if the leadcontaminated C&D material ishazardous by performing a toxicitycharacteristic leaching procedure(TCLP) test. A list of certified labs canbe obtained by calling (800) 462-6553.If the material fails the test for lead,then it must be disposed as a hazardouswaste. If the material passes the test and

http://www.dec.state.ny.us/website/dshm/re

http://www.dec.state.ny.us/website/dshm/hz


is not considered to be hazardous, youcan make arrangements to dispose thiswaste as C&D material, only if thepaint remains intact. When you performthe TCLP test on this or any othermaterial, remember to take arepresentative sample to the lab fortesting. For instance, in the case of a2X4 or piece of sheet rock, take a coresample that includes the paint as well asthe wood or sheet rock.

Q I am a contractor and would like toknow if I have to comply with anyregulations when I remove asbestos?Also, can I bring this to my locallandfill for disposal?

A The removal of asbestos is regulated bythe New York State Department ofLabor, Asbestos Control Bureau. Allcontractors must be licensed and allasbestos handlers must be certified bythe Department of Labor’s License andCertificate Unit. Other phone numbers:Albany - (518) 457-2072Syracuse - (315) 479-3215Buffalo - (716) 847-7601New York City - (212) 352-6109

After the asbestos is removed, it mustbe disposed of at a DEC-permitted solidwaste landfill authorized to acceptasbestos waste. Some landfills haverestricted delivery so they can dedicatestaff for proper placement and somemay not accept any asbestos waste.

Q I am a CESQG and would like to knowif DEC could recommend a differentwaste hauler to transport my hazardouswaste?

A DEC cannot recommend a specificwaste hauler for your business.

However, you can obtain a list of DECapproved Part 364 haulers by calling(518) 402-8705. Did you know thatCESQGs can transport up to 220pounds of hazardous waste at one timeto an approved DEC facility? Thisincludes the five household hazardouswaste permitted facilities located inNew York State. See Section IV fornames and locations. By transportingyour waste to one of these householdhazardous waste facilities, you couldsave up to 60 percent of your disposalfees. In addition, your liability willdecrease dramatically.

Q I am a consultant and my client has aprint shop in Dutchess County. Does hehave to comply with Part 234 of the airregulations for his VOC emissions?

A If your client’s print shop is not locatedin the NYC Metropolitan area, and heemits 20 or fewer pounds of VOCs perday, he is exempt from obtaining aminor facility registration from DECand is not subject to 6 NYCRR Part234. For technical assistance pertainingto the Clean Air Act, your client canalso call the Small Business AssistanceProgram toll free at (800) 780-7227, orClean Air Act Small BusinessOmbudsman toll free at (800)STATENY . (Consultants are notincluded as per Section 507). Theseorganizations are listed in Section IV ofthis manual.

Q I own a furniture business and wasrecently inspected by a DEC inspector.I was fined for discarding my used shoptowels in the trash. Why can’t I throwmy shop towels in the normal trash, and


what can I do as an alternative?A Rags that are discarded at your shop

may contain solvents and stains that arelisted or characteristically hazardous,specifically for ignitability. In order tocomply with DEC regulations, youshould perform a toxicity characteristicleaching procedure (TCLP) test on yourrags if you choose to discard them inthe trash. (See appendix for explanationof TCLP.) If the TCLP test fails, youmust dispose of them as a hazardouswaste. As an alternative, you can haveyour rags sent to an industrial laundryservice. Your rags must be managed asa hazardous waste until they are placedon the laundry truck. In addition, ragsthat are sent for laundry service mustnot contain any free liquids.

Q Currently, my hazardous waste hauler isresponsible for removing and disposingof my silver recovery cartridge. Do Ineed a hazardous waste hauler todispose of this waste?

A No. If you send your silver recoverycartridge to a reclamation facility to berecycled, your silver would be exemptfrom the hazardous waste regulations.Otherwise, your silver could be ahazardous waste by characteristic. Thismeans that if you are a dentist office,print shop, x-ray facility, or othercommercial imaging facility, you do nothave to count this in your hazardouswaste count as long as you ship this“cartridge” to an authorized silverreclamation facility. Remember, it isillegal to discharge silver into thepublicly owned treatment works(POTW) without prior approval. Itshould be noted that if your silver is aF006 waste because of the source (e.g.,

electroplating), then it is not exempt ifsent for reclamation.

Q I own a vehicle repair shop and therehas been a lot of talk that it is illegal tohave floor drains in my shop. Is thistrue?

A No. However, you should realize that itis illegal to discharge directly to groundor surface waters in the state. Thismeans that if your floor drains are notconnected to a publicly ownedtreatment works (POTW) or some typeof holding tank, you are in violation ofthe Environmental Conservation Law.In addition, if your floor drains areconnected to a POTW, you may berequired to have an oil/water separator.To find out your requirements, checkwith your local POTW. For moreinformation on vehicle maintenanceshops, call (800) 462-6553 and requesta copy of the manual, EnvironmentalCompliance and Pollution Preventionfor Vehicle Maintenance Shops.


Water Regulations

INTRODUCTIONAs a generator of hazardous waste, your

business may have to comply with certainregulations under the Clean Water Act. TheClean Water Act simply states that it isillegal to discharge pollutants to surface orgroundwaters without a permit. Since the1972 Clean Water Act, a staggering tonnageof conventional and toxic pollutants havebeen prevented from entering our waters.One way in which pollutants were preventedfrom entering New York State waters wasthrough the stream reclassification system.Since 1972, many rivers, streams, and lakeshave been reclassified to a higher usagewhich meant that anyone discharging tothese bodies of water must meet the newwater quality standards. This eventually ledto less pollutants being discharged to ourwaterways.

The Division of Water is responsiblefor such programs as:

# Nonpoint source management# Great Lakes and estuaries# Studies and assessments of lakes# Water quality standards# Sewage treatment plant operators

training and certification# Reviewing and issuing discharge

permits# Sampling of contaminated sediments# Coastal erosion management# Flood insurance and dam safety

BEST MANAGEMENTPRACTICES (BMPs)

Best management practices (BMPs) arerecognized as an important part of the CleanWater Act’s permitting process to prevent

the release of toxic and hazardouschemicals. Best management practices areconsidered to be pollution preventionpractices. By focusing on goodhousekeeping and good managementtechniques, BMPs will avoid leaks, spills,and improper waste disposal into our waters.BMPs will vary for each facility dependingupon site characteristics, industrialprocesses, and pollutants. For moreinformation on how you can develop a BMPat your facility, call the Division of Water atthe number listed in Section IV.

PRETREATMENT PROGRAMMany industries discharge their

wastewater to municipal wastewatertreatment plants, rather than directly to areceiving body of water. These industriesare called indirect dischargers. EPAregulations require municipal treatmentauthorities that receive industrial wastewaterfrom indirect dischargers to havepretreatment programs to control indirectdischarges. These municipal authoritiesmanage significant indirect dischargesthrough permit programs similar to DEC’sState Pollutant Discharge EliminationSystem (SPDES) Permit program. Theobjectives of these programs are to preventpollutants that are incompatible withmunicipal sewage treatment plants from:

# Interfering with municipal treatmentplant operation, including its use ordisposal of municipal sludge;

# Passing through municipal treatmentplants; and

# Limiting municipal sludge recyclingand reclamation.

Local pretreatment programs haveconsiderably reduced incompatiblepollutants in New York municipal sewage


treatment plants. DEC, under an agreementwith the EPA, currently shares oversight oflocal pretreatment programs with the EPA.

If your business has a direct dischargeto anything other than a sewer system orsome type of holding tank, you may be inviolation of the Clean Water Act.Discharging to the waters of the statewithout a SPDES permit may result in costlyfines to your business. If you discharge to amunicipal wastewater treatment plant, checkwith that municipality for their pretreatmentrequirements.

NONPOINT SOURCE PROGRAMIn addition to direct (point source)

discharges, the waters of the state can alsobe polluted by Non-point source pollution.Types of non-point source pollution caninclude: inactive hazardous waste sites,leaking above ground or undergroundstorage tanks, remediation of contaminatedsediment, septic systems, and storm watermanagement.

Storm Water DischargesAccording to recent studies, storm water is amajor cause of water pollution in New YorkState. A common misconception aboutstorm sewers is that they go to a wastewatertreatment plant. This is not always the case.Storm sewers often transport storm waterdirectly to the nearest river, lake, stream,wetland or groundwater recharge basin.

Federal regulations published onNovember 16, 1990, have broadened thescope of activities that require dischargepermits. Storm water discharges associatedwith an industrial activity and certainmunicipal systems with separate stormsewer discharges now require a storm waterdischarge permit. Storm water associatedwith industrial activity means the discharge

from any conveyance which is used forcollecting and conveying storm water andwhich is directly related to manufacturing,processing or raw material storage areas atan industrial plant.

Some of the types of industrialactivities defined in 40CFR section122.26(b)(14) for which storm water permitsare required are:

# Construction activities# Hazardous waste treatment or storage

facilities# Solid waste management facilities# Facilities involved in the recycling of

materials, including metal scrap yards,battery reclaimers, salvage yards, andautomobile junkyards

# Electric power generating facilities# Transportation facilities# Sewage treatment works# Certain Standard Industrial

Classification Codes that are assignedto businesses

General SPDES PermitsMany industries have storm waterdischarges already included in their SPDESpermit, along with their other discharges.Some businesses that do not operate under aSPDES permit may need to obtain anindividual SPDES permit for storm water,also known as a General SPDES Permit. Thestorm water General SPDES permit requiresdischargers to develop pollution preventionplans, implement them and keep them up todate. The plan must include bestmanagement practices to be used to controlthe pollutant load in storm water dischargesto state waters.

Call DEC at (518) 402-8123 for moreinformation on the SPDES storm waterGeneral permits.


Air Regulations

INTRODUCTIONThis section of the manual will give a

brief overview of the air regulationspertinent to businesses that generatehazardous waste. For more in-depthexplanations of all the air regulations, wesuggest that you contact your DEC regionaloffice, or one of the technical assistanceorganizations listed in Section IV of thismanual.

If your business does generatehazardous waste, there may be certain airregulations that you will have to complywith. The Pollution Prevention Unit hasdeveloped, or is in the process ofdeveloping, industry-specific manuals thatwill explain in more detail which airregulations apply to your business.

In New York State the air regulationsmay vary from region to region anddistinguish between the New York CityMetropolitan Area and upstate New York.The New York City Metropolitan Areaconsists of New York City, Rockland,Nassau, Suffolk, Westchester, and LowerOrange County (Towns of Blooming Grove,Chester, Highlands, Monroe, Tuxedo,Warwick, and Woodbury).

Many small businesses are subject tonew requirements as a result of the 1990federal Clean Air Act Amendments.Depending on the amount of air emissionsyour facility discharges, you may berequired to obtain a Title V Permit, StateFacility Permit or Minor FacilityRegistration. Some businesses that may beaffected include:# Surface coating or painting operations# Degreasing and parts cleaning

operations

# Metal finishing or plating operations# Air conditioning repair operations# Graphic arts/printing operations# Petroleum bulk storage# Chemical formulation# Process air emissions# Auto body shops# Dry cleaners

VOLATILE ORGANICCOMPOUNDS (VOCs)

Volatile organic compounds (VOCs)are any organic compound which producephotochemical reactions in the atmosphere.VOCs are regulated by DEC in order toreduce ground-level ozone. Some solventsand degreasers, such as trichloroethylene,methyl ethyl ketone and more commonsolvents like toluene and xylene are VOCs.

PERMITTING REQUIREMENTSDEC’s new air quality permit and

registration program, as outlined in 6NYCRR Part 201, assures that air qualityregulations are being properly followed.One of the changes involves a three-tier airpermitting system:

# Minor Facility Registration - This isintended for facilities with lowemission levels. Sources that aresubject to regulation for volatile organiccompounds (VOCs), such as printingand surface coating operations, andexisting sources subject to New SourcePerformance Standards (NSPS) orNational Emission Standards forHazardous Air Pollutants (NESHAP),whose actual air emissions are less thanhalf of the major source thresholds, areeligible. Registration is valid for the life


As a rule ofthumb, it isalways agood ideato maintainrecords ofall yourVOCemissions.

of the stationary source and is notsubject to a renewal process.

# State Facility Permit - This permitwould apply to those sources requiringan emissions cap below major sourcethresholds. Also, new minor facilitiesthat are subject to NSPS and NESHAPsmust obtain this permit. This wouldinclude new sources such as drycleaners, chrome plating processes, andhalogenated solvent degreasingoperations. The permit applicationrequires a significant amount of detailabout the process being permitted. Statefacility operating permits do not expireand only need to be modified if achange at the facility triggers a newrequirement.

# Title V Permits - This permit isintended for major sources of airpollution and requires theapplicant to identify eachapplicable federal and staterequirement.

EXEMPTIONSWhen DEC revised its

permitting rule under Part 201 inJuly 1996, it increased the number ofexempt activities from 37 to over100. Many small businesses areeligible for the new exemptions,including:

# Graphic arts facilities located outsidethe New York City Metropolitan Areawith VOC emissions that do not exceed20 pounds per day.

# Screen printing inks, coatings, andadhesives (containing VOCs) that areapplied by a hand-held squeegee.

# Surface coaters and related operationslocated outside the New York CityMetropolitan Area and Lower OrangeCounty that use less than 25 gallonscombined of paints and solvents permonth, only if the operation isconducted in an enclosed buildingwhere such operations are exhaustedinto an appropriate emission controldevice.

# Powder coating operations.# Paint and solvent storage rooms.# Aqueous parts cleaning equipment.# Most maintenance and construction

activities; (i.e.; welding, sandblasting).

REGULATION OF HAZARDOUS AIR POLLUTANT EMISSIONSRegulations controlling emissions ofHazardous Air Pollutants (HAPs) are foundin 40CFR Part 63- National Emission

Standards for Hazardous Air Pollutants(NESHAP).Congress established a list of HAPsunder Title III of the Clean Air ActAmendments of 1990 (CAA). Title IIIrequired the EPA to determine whichindustrial categories were major andarea (non-major) sources of HAPemissions, and publish a list of thesesource categories within 12 monthsafter the date of enactment of the CleanAir Act. EPA was then given 10 yearsto develop and promulgate regulations

requiring that Maximum AchievableControl Technology (MACT) be applied tocontrol HAP emissions from each of these source categories.

As a rule of thumb, it is always a good idea

to maintain records of all your VOC

emissions.


Petroleum Bulk StorageRegulations

In 1983, the State Legislature enactedArticle 17, Title 10 of the EnvironmentalConservation Law, entitled "Control of theBulk Storage of Petroleum." The Lawapplies both to Underground Storage Tanks(USTs) and Aboveground Storage Tanks(ASTs), or groupings of such tanks with acombined storage capacity of more than1,100 gallons. Exempted from this lawbecause they are regulated under otherprograms are: oil production facilities;facilities licensed under the Navigation Law;and, facilities regulated under the NaturalGas Act.

Under 6 NYCRR 612-614 passed in1985, owners were required to registerstorage facilities with DEC by December 27,1986. Facilities must re-register every fiveyears. Registration fees vary from $50 to$250 per facility, depending on capacity.Some 114,000 tanks, holding a total ofnearly 4.4 billion gallons, are registered inNew York. New facilities must be registeredbefore being placed into service. DEC mustbe notified 30 days prior to substantialmodifications.

Nassau, Suffolk, Rockland,Westchester, and Cortland Countiesadminister the program in these localities,pursuant to delegation from DEC. Becausethese counties may have more stringentrequirements than the State, owners andoperators should contact the county to learnof specific local requirements.

All facilities regulated under Article 17,Title 10 must meet certain handling andstorage requirements established by DEC.Existing USTs and ASTs must observe rulesfor color coding of fill ports, shutoff valves,

gauges and check valves. Abovegroundtanks must be provided with secondarycontainment (i.e., berms or other devices tocontain spills). Operators of USTs mustkeep daily inventory records (and maintainthem for five years) and notify DEC and thetank owner within 48 hours of unexplainedinventory losses. They must also test tanksand pipes every five years or monitor theinterstitial space of double-walledequipment. Operators of ASTs mustconduct monthly visual inspections. Every10 years they must clean out the tanks,remove the sludge from the bottom, inspectfor structural integrity and test for tightness.

Tanks that are temporarilyout-of-service (30 days or more) must bedrained of product to the lowest draw offpoint. Fill lines and gauge openings must becapped or plugged. Inspection andregistration must continue. Those tanks thatare permanently out-of-service must beemptied of liquid, sludge and vapors andmust either be removed or filled with solidinert material, such as sand or concreteslurry. DEC must be notified 30 days priorto filling or removal.

Part 614 applies to all new andmodified facilities. New USTs must eitherbe made of fiberglass reinforced plastic;cathodically protected steel (to protectagainst the corrosion caused by contactbetween steel and soil); or steel clad withfiberglass reinforced plastic. Secondarycontainment such as a double-walled tank, avault, a cut-off wall or imperviousunderlayment must be provided. Double-walled tanks must have the interstitial spacemonitored for leaks. If one of the othersecondary containment options is chosen, anin-tank monitoring system, or one or moreobservations wells can be used. New ASTsmust be constructed of steel. If their bottomrests on the ground, the tank must have


Chemical Bulk StorageRegulations

cathodic protection. An impermeable barriermust be installed under the tank bottom,with monitoring between the barrier and thebottom. New underground piping systemsmust be designed with a 30-year lifeexpectancy. If made of steel, they must becathodically protected. Pipes may beconstructed of fiberglass- reinforced plasticor other equivalent non-corrodible materials.

SECONDARY CONTAINMENTSecondary containment is any structure

which is designed to prevent leaks and spillsfrom reaching the land or water outside thecontainment area. All aboveground tankswith a capacity of 10,000 gallons or moremust be equipped with secondarycontainment. All aboveground tanks smallerthan 10,000 gallons are required to beequipped with secondary containment if it isreasonably expected that the facility iswithin close proximity to ground or surfacewaters of the state. Facilities within 500 feetof the following resources may beconsidered in close proximity to ground orsurface waters:

# perennial or intermittent stream;# public or private well;# primary or principal aquifer;# wetlands as defined in 6 NYCRR 664;# lake, pond, estuary, etc.; or# storm drain.

WHEN TO REPORT A SPILL?Reporting spills is a crucial first step in

the response process. There may be severaldifferent state, local, and federal laws andregulations that require spillers to reportpetroleum and hazardous materials spills.

Petroleum spills must be reported toDEC unless they meet all of the followingcriteria:

• The spill is known to be < 5 gallons.• The spill is contained and under the

control of the spiller.• The spill has not and will not reach the

State’s water or any land.• The spill is cleaned up within two hours

of discovery.

All reportable spills must be reported to theDEC spills Hotline at 1-800-457-7362.

HAZARDOUS SUBSTANCESNew York’s chemical bulk storage

(CBS) program addresses both underground(UST) and aboveground storage tanks(AST) containing regulated hazardoussubstances. In 1986, the state legislaturepassed the Hazardous Substance BulkStorage Act, which required DEC toestablish a program for preventing therelease of hazardous substances into theenvironment. Phase I (6 NYCRR Parts 595,596, and 597) of the CBS regulations wasadopted on July 15, 1988 and established alist (Part 597) of chemicals to be regulated.These regulations (Part 596) required theregistration of ASTs that exceed 185-galloncapacity and all USTs that store any of thesehazardous substances either singularly or incombination.

Phase II was adopted on August 11,1994. This phase modified Parts 595, 596,and 597 and established minimumrequirements and schedules in Parts 598 and599 for the design, construction, installation,operation, maintenance, repair, monitoring,testing, and inspection of storage facilities.


REGULATORY DEADLINESAND REQUIREMENTS FORFACILITY UPGRADE

Part 598 establishes the upgraderequirements for USTs with a deadline ofDecember 22, 1998 (the same as EPA’sUST program) and for ASTs with a deadlineof December 22, 1999. Facilitiesconstructed after February 11, 1995 mustmeet the standards for all new orsubstantially modified facilities (Part 599). The installation of a new tank, even areplacement tank, is considered a substantialmodification. Repairs and replacements toancillary piping, vents, gauges, pumps, etc.,are not considered substantial modifications.

USTs are required to be (1) corrosionresistant, which consists of cathodically-protected steel, fiberglass-reinforced plastic,or a combination of both, and must have (2)secondary containment with interstitialmonitoring for leak detection.

If the tank is not double-walled, it must beinstalled inside an excavation liner tocontain any releases. All USTs must beequipped with spill and overfill preventiondevices to include high-level alarms orautomatic shutoff devices, spill catchmentbasins at the fill-port, and secondarycontainment for the transfer station.Underground piping must be corrosionresistant and have secondary containmentwith interstitial monitoring.

As of December 22, 1999, all ASTs shouldhave been upgraded. Tanks in contact withsoil must be cathodically protected. Tanksconstructed of materials which could meltwhen exposed to fire must be protected fromfire. All ASTs must have secondarycontainment and be equipped with a productlevel gauge and either a high-level alarm, a

high level trip, or an overflow to a catchtank. The storage tank must be equippedwith valves to control the flow of productfor each tank connection.

SECONDARY CONTAINMENTAT TRANSFER STATIONS

A transfer station is an area where pipesor hoses are connected and disconnected toempty or fill a storage tank. This includesrailways, roads, containment basins, curbs,collection sumps, and impervious padswhere a vehicle or container is located tooff-load or to receive a hazardous substance,where a coupling to a transfer line is madefor the purpose of hazardous substancetransfer, or where a system to collect andcontain spills resulting from transfer islocated. As of December 22, 1999, alltransfers of hazardous substances at aregistered facility must occur within atransfer station equipped with permanentlyinstalled secondary containment. The goalof the program is to control any release frombulk storage systems and transfer operationsand to reduce/eliminate releases to soil,surface water, and groundwater.

SPILL PREVENTION REPORT(SPR)

The SPR is considered to be thecornerstone of the CBS regulations and wasrequired by August 11, 1996. The majorelements of the SPR require a listing of allspills over the previous five-year period, anassessment of the causes of those spills, acompliance assessment of bulk storageoperations, records of inspections, a spillresponse plan, and management’s signatureindicating acceptance and approval of thereport. A proper SPR can minimize and eliminate injury, loss of life, hospitalization,subsequent remediation, and reduce overallliability.


Section II - Description of Waste Streams

EPA Hazardous Waste Codes for Wastes That Are Commonly Generated by Small Quantity Generators

The Environmental Protection Agencyrecognizes that generators of smallquantities of hazardous waste, many ofwhich are small businesses, may not befamiliar with the manner in which hazardouswastes are identified. This section of themanual has been assembled to aid smallquantity generators in determining the EPAHazardous Waste Codes for their wastes.These numbers are needed to complete the"Notification of Regulated Waste Activity,"Form 8700-12, figure 1, pages 10 and 11).For a complete list of waste codes, youshould refer to 40 CFR Part 261.

This section contains lists of chemicalswith their respective EPA Hazardous WasteCodes for waste streams identified in Table2, on page 4. The acutely hazardous wasteslisted in pesticides table 2 on page 28 areidentified with an asterisk (*).

HOW TO USE THIS SECTION

# Locate your business type in Table 2,on page 4. This will help you to identifythe waste streams common to youractivities.

# Once you have identified each of yourwaste streams in Table 2, you can thenreview the more-detailed descriptionsof these wastes in this section todetermine which of these waste streamsresult from your activities.

# If you determine that you do generate aparticular waste stream, report the four-digit EPA Hazardous Waste Code in

Item X of Form 8700-12, "Notificationof Regulatory Waste Activity."The industries and waste streams

described here do not provide acomprehensive list, but rather serve as aguide for potential small quantity generatorsin determining which of their wastes, if any,are hazardous. In those cases where morethan one EPA Hazardous Waste Code isapplicable, all should be used. If you haveany questions, or if you are unable todetermine the proper EPA Hazardous WasteCodes for your wastes, please contact theTechnical Determination Section, Bureau ofHazardous Waste Management at (518) 402-8633.

SOLVENTSCertain solvents, spent solvents, solvent

mixtures, or solvent still bottoms may behazardous. This includes solvents used indegreasing (identified as F001) and paintbrush cleaning and distillation residues fromreclamation. The following are somecommonly used hazardous solvents:

Benzene - F005, D018Carbon Disulfide - F005Carbon Tetrachloride - F001, D019Chlorobenzene - F002, F021Cresols - F004, D026Cresylic Acid - F002, D027O-Dichlorobenzene - F002, D027Ethanol - D0012-Ethoxyethanol - F005Ethylene Dichloride - D001Isobutanol - F005Isopropanol - D001


Kerosene - D001Methyl Ethyl Ketone - F005, D035Methylene Chloride - F001, F002Naphtha - D001Nitrobenzene - F004, D0362-Nitrobenzene - F004Petroleum Solvents - D001Pyridine - F005, D0381,1,1- Trichloroethane - F001, F0021,1,2- Trichloroethane - F002Tetrachloroethylene(Perchloroethylene) F001, F002, D039Toluene - F005Trichloroethylene - F001, F002, D040Trichlorofluoromethane - F002Trichlorotrifluoromethane (Valclene)F002

Still residues containing petroleumsolvents with a flashpoint less than 140EFare considered hazardous and have the EPAHazardous Waste Code of D001.

ACIDS/BASESAcids, bases, or mixtures having a pH

of 2 or less, or 12.5 or greater, areconsidered corrosive. For a completedescription of corrosive wastes, see 40 CFRPart 261.22 or 6 NYCRR Part 371. Allcorrosive materials and solutions have theEPA Hazardous Waste Code D002. Someof the more commonly used corrosives are:Acetic Acid, Ammonium Hydroxide Oleum,Chromic Acid, Hydrobromic Acid,Hydrochloric Acid, Hydrofluoric Acid,Nitric Acid, Perchloric Acid, PhosphoricAcid, Potassium Hydroxide, SodiumHydroxide, Sulfuric Acid.

DRY CLEANING FILTRATIONRESIDUES

Cooked powder residue(perchloroethylene plants only), stillresidues, and spent cartridge filters

containing perchloroethylene or valclene arehazardous and have the EPA HazardousWaste Code F002. Any waste containing 0.7mg/l or more of perchloroethylene as testedby the TCLP also has the EPA HazardousWaste Code D039.

HEAVY METALS/INORGANICSHeavy metals and other inorganic waste

materials exhibit the characteristic of TCToxicity and are considered hazardous ifthey fail the Toxicity CharacteristicLeaching Procedure. These wastes mayinclude dusts, solutions, wastewatertreatment sludges, paint wastes, waste inks,and other such materials that contain heavymetals/inorganics. Wastewater treatmentsludges from electroplating operations areidentified as Hazardous Waste Code F006.The following are TC Toxic:

Arsenic - D004Barium - D005Cadmium - D006Chromium - D007Lead - D008Mercury - D009Selenium - D010Silver - D011

IGNITABLE WASTESIgnitable wastes include, any liquids

that have a flashpoint less than 140E F; anynon-liquids that are capable of causing a fireby friction, absorption of moisture, orspontaneous chemical change; any ignitablecompressed gas as described in 49 CFR261.300 (for a complete description ofignitable wastes, see 40 CFR Part 261 or 6NYCRR Part 371), or strong oxidizers.Examples are spent solvents (see also"solvents"), solvent still bottoms, ignitablepaint wastes (paint removers, brush cleanersand stripping agents), epoxy resins and


adhesives (epoxies, rubber cements andmarine glues), and waste inks containingflammable solvents. Unless otherwisespecified, all ignitable wastes have the EPAHazardous Waste Code of D001. Somecommonly used ignitable compounds are:

Acetone - F003Benzene - F005, D018n-Butyl Alcohol - F003Chlorobenzene - F002, D021Cyclohexanone - F003Ethyl Acetate - F003Ethylbenzene - F003Ethyl Ether - F003Ethylene Dichloride - D001Methanol - F003Methyl Isobutyl Ketone - F003Petroleum Distillates - D001Xylene - F003

INK SLUDGES CONTAININGCHROMIUM AND LEAD

This includes solvent washes andsludges, caustic washes and sludges or waterwashes and sludges from cleaning tubs andequipment used in the formulation of inkfrom pigments; driers; soaps; and stabilizerscontaining chromium and lead. All inksludges have the EPA Hazardous WasteCode K086 and may also have the EPAHazardous Waste Codes D007 and/or D008.

LEAD-ACID BATTERIESUsed lead-acid batteries should only be

reported on the notification form if they arenot being recycled. Used lead-acid batteriesthat are recycled do not need to be countedin determining the quantity of waste that yougenerate per month, nor do they require ahazardous waste manifest when shipped offyour premises. Lead Dross (D008), SpentAcids (D002), Lead-Acid Batteries (D008).

PESTICIDESThe pesticides listed in Table 2 on page

35 are hazardous. Wastes marked with anasterisk (*) have been designated acutelyhazardous. For a more complete listing, see40 CFR 261.32 and 261.33, or 6 NYCRRPart 371 for specific listed pesticides andother wastes, wastewaters, sludges, and by-products from pesticide formulators. Eventhough many of these pesticides are nolonger in common use, they are includedhere for those cases where they may befound in storage.

REACTIVESReactive waste includes reactive materialsor mixtures which are unstable, reactviolently with or form explosive mixtureswith water or air, generate toxic gases orvapors when mixed with water or air (orwhen exposed to pH conditions between 2and 12.5 in the case of cyanide or sulfide-bearing wastes), or are capable of detonationor explosive reaction when heated orsubjected to shock (for a completedescription of reactive wastes, see 40 CFR261.23, Characteristic of Reactivity). Unlessotherwise specified, all reactive wastes havethe EPA Hazardous Waste Code D003. Thefollowing materials are commonlyconsidered to be reactive:

Acetyl ChlorideChromic AcidCyanidesHypochloritesOrganic Peroxides PerchloratesPermanganatesSulfides


TABLE 2Pesticides

Aldicarb* P070 Dinoseb* P020 Parathion* P089

Aldrin* P004 DisodiumMonomethanearsenate

D004 Pentachloro-nitrobenzene

U185

Armmitrole U011 Disulfoton* P039 Pentachloro-phenol

U242

ArsenicPentoxide*

P011 Endosulfan* P050 PhenylmercuricAcetate

D009

ArsenicTrioxide*

P012 Endrin* P051 Phorate* P094

Cacodylic Acid* U136 EthylmercuricChloride

D009 Strychnine* P108

Carbamic Acid,Methylnitrose-Ethyl Ester

U178 Famphur* P097 2,4,5-Trichloro-phenoxy AceticAcid

U232

Chlordane U036 Heptachlor* P059 2-(2,4,5-Trichloro-phenoxy)-Propionic Acid

U233

CopperCyanides*

P029 Hexachloro-benzene U127 Thallium sulfate* P115

1,2-Dibromo-3-chloropropane

U066 Kepone U142 Thiram U244

1,2,-Dichloropropane

U083 Lindane U129 Toxaphene* P123

1,3-Dichloropropene

U084 2-Methoxy Mercuric Chloride

D009 Warfarin U248

2,4-DichlorophenoxyAcetic Acid

U240 Methoxychlor D014

DDT U061 Methyl Parathion* P071

* Acutely Hazardous


SPENT PLATING AND CYANIDEWASTES

Spent plating wastes contain cleaningsolutions and plating solutions with caustics,solvents, heavy metals, and cyanides. Cyanidewastes may also be generated from heattreatment operations, pigment production, andmanufacturing of anti-caking agents. Platingwastes are generally Hazardous Waste CodesF006-F009. Cyanide heat treating wastes aregenerally Hazardous Waste Codes F010-F012.See 40 CFR 261.32 for a more completedescription.

WOOD PRESERVING AGENTSThe wastewater treatment sludges from

wastewater treatment operations at facilitiesthat use wood preserving agents areconsidered hazardous. Bottom sedimentsludges from the treatment of wastewaterprocesses that use creosote andpentachlorophenol have the EPA Waste CodeK001. In addition, unless otherwise indicated,specific wood preserving compounds are:

Chromated Copper Arsenate - D004Creosote - U051Pentachlorophenol - F027


Section III - Pollution Prevention

The term pollution prevention can bedefined as the elimination or reduction involume or toxicity of waste prior to recycling,treatment or disposal.

At first, pollution prevention was gearedtoward businesses that generated hazardouswaste. Eventually, the concept caught on atlarger companies to try and minimize allwaste streams.

It is not to difficult to figure out that themost cost-effective way of managing anywaste is to not generate it in the first place.Pollution prevention or waste reductionmethods can be used by all businesses. Youcan decrease the amount of hazardous wasteyour business produces by developing goodhousekeeping methods, inventory control,employee training, and purchasing practices.Not every pollution prevention activitydiscussed in this section will make sense foryour facility.

Pollution prevention methods help toprotect the environment by reducing theamount of hazardous waste that needs to betreated, disposed, or stored. Most businesseshave found that pollution prevention can savea substantial amount of money in raw materialcosts and/or avoided disposal costs.

The first step in starting a pollutionprevention program is to get managementsupport. There is no substitution for goodleadership in pollution prevention.Management should support the program andencourage employees to be creative in findingnew ways to minimize waste at their facility.Incentives can be used as an effective meansof rewarding employees who makecontributions to their company’s pollutionprevention efforts.

An important step in minimizing yourhazardous waste generation is to be aware ofwhich chemicals you use at your business. For

example, by monitoring your use of differentchemicals you may recognize opportunities toswitch to less-hazardous materials. Thefollowing discussion is intended to give ageneral overview of pollution preventionopportunities and may not be all-inclusive foryour particular business sector. Call thePollution Prevention Unit at (518) 402-9469to see if there are manuals available for yourindustry sector.

Small quantity generators who manifesttheir hazardous waste must sign a certificationon the manifest form stating, “I have made agood faith effort to minimize my waste andselect the best management method that isavailable to me and that I can afford.” Largequantity generators have to sign a similarcertification. DEC has developed a guidancedocument which will help small quantitygenerators minimize their hazardous waste.Contact the Hazardous Waste MinimizationSection at (518) 402-8633 for a copy of thisguidance.

Pollution prevention options can bebroken into three categories: managementpractices, equipment modifications, andprocess modifications. If your business is juststarting a pollution prevention program, startwith some easy and inexpensive practices.Some of the easiest and least-expensivepractices produce the most-effective pollutionprevention results.

MANAGEMENT PRACTICESGood management of waste, especially

hazardous waste, often saves companiesmoney. Management practices include: goodhousekeeping, inventory control, employeetraining, material safety data sheets (MSDS),preventive maintenance and spill responseplanning. After reading the managementpractice ideas below, you will notice that your


business will require little or no capitalexpense to practice these pollution preventionmethods. The only resource you might have tospend is a little extra time to familiarizeyourself and your employees with some newideas your company may not be practicing.

Good HousekeepingIf your operation is clean and orderly, there isbetter control over materials and equipmentand less likelihood of spills. The result is lesswaste. Here are some basic goodhousekeeping guidelines:

# Don't mix hazardous wastes withnonhazardous wastes, since this increasesthe amount of waste that must bedisposed of as a hazardous waste.

# Designate appropriate storage areas forall equipment, materials, and wastes.

# Require every employee to return allmaterials and equipment to theirdesignated area.

# Use drip pans for equipment cleaning toavoid having to clean up spills.

# Keep containers of solvents, paintthinners and other materials closed whennot in use to avoid losing valuable rawmaterials to the air.

# Keep different types of wastes separatesince this practice may increase thepossibility of recycling.

# Establish a procedure and a schedule toinspect chemical receiving, storage, andmixing areas for cleanliness andneatness.

Inventory ControlManaging the chemical inventory includesrotating the stock so that the oldest is usedfirst. Some materials break down overextended storage time and thus may becomeunusable. When these products are discarded,they may become hazardous wastes. To avoid

having to dispose of unused materials,incorporate the following into your supplyprocedures:

# Order materials on an as-needed basis. Ifordering in bulk, check with yourvendors to see if they will take backunused portions.

# Mark the purchase date on containers anduse older materials first.

# Control the use of hazardous materials sothat these materials are not usedunnecessarily when a substitute wouldwork as well.

# Don't use solvents if there are effectivesubstitutes such as detergents (e.g., forhand cleaning, floor cleaning).

# Try to use one multipurpose solventrather than several different solvents.This will increase the recycling potentialof the spent solvent. It will also permityou to buy the multipurpose solvent inbulk, thereby saving money.

Employee TrainingStaff should be trained to recognize pollutionprevention opportunities and should beinstructed not to create waste in the work area.If possible, send employees to a pollutionprevention workshop or an industry-specificworkshop that will discuss wastemanagement.

Training employees about the efficient use ofchemicals that may, when used or disposed,become hazardous wastes can help to reducethe amount of waste that needs to be disposedof. For example, if a particular business usespaint thinner or solvent, you can minimize thewaste that is generated by:

# Stressing the need to use the minimalamount of paint thinner to get the jobdone.


# Reusing solvent until it is no longeruseable.

# Using your spent solvent as paint thinner.

Material Safety Data SheetsMaterial Safety Data Sheets (MSDS) providevaluable information regarding the contents ofcommercial products such as paints, solventsand inks. They also provide information thatwill enable you to determine if a materialwhen disposed of, will be a hazardous waste.

Obtaining copies of MSDS from your vendorsprior to purchase will allow you to have morecontrol over whether or not your companywill generate hazardous waste. Make surethere is MSDSs on file for every chemical thatis used at the facility. Most chemicalcompanies or vendors will fax you a MSDSwithin a day or two.

Preventive MaintenanceTo make your equipment work at its optimumlevel, your company should implement apreventive maintenance program. Use therecommendations found in the equipment’soperating manual as a starting point.

Practice preventive maintenance of equipmentto reduce spills or leaks of materials whichmay then need to be disposed of as hazardouswastes. Here are some of the activities that apreventive maintenance program shouldinclude:

# Identify equipment, systems, andstructures to which the preventivemaintenance program should apply.

# Determine appropriate preventivemaintenance activities and the schedulefor this maintenance.

# Perform the preventive maintenanceactivities.

# Keep the preventive maintenancerecords on file for equipment, systems,and structures used at your facility.

Spill Response PlanningAny time that a solution is unintentionallyreleased it is a spill.

If a container holding a solvent, petroleumproduct or other hazardous material isdropped on the floor and leaks on theground, it is an unintentional spill. Mostspills are minor spills and could be cleanedup with a mop or sponge. However, if alarger spill occurs that requires specialclean-up materials and procedures, yourfacility should be ready to deal with thisincident.

A good spill response plan will helpminimize the effect of the spill on theenvironment and reduces liability for clean-up costs and possible bodily injury. Keepingchemical and waste storage areas safe andsecure can minimize spills. Here are somebasic guidelines to include in your spillresponse planning:

# Make sure that the spill response plan isposted in the chemical storage/mixingarea.

# Make sure there is always someonetrained in spill response procedures atthe facility, or who can be contacted ifneeded.

# Do not allow staff who haven’t beentrained in hazard communication intoareas where chemicals are used orstored.

# Take an inventory of all the chemicalsused at your facility.

# Make a floor plan showing the locationof all chemicals in the processing area,


floor drains, exits, fire extinguishersand spill response supplies.

# Check to see that there is propercontainment around all chemicalcontainers. All employees should befamiliar with the containment areas incase there is a leak or rupture.

# Make a list of all the spill responsesupplies and equipment such as mop,pail, sponge, absorbent materials,neutralizing materials and personalprotective equipment.

# Conduct sample training procedures tosee how employees will respond to aspill.

EQUIPMENT AND PROCESSMODIFICATIONS

Equipment and process modificationsare two other ways to prevent the productionof waste. In some cases, it may not bepossible or economical to modify yourequipment or process. Many smallbusinesses may not need to make anyequipment or process modifications in orderto minimize their waste. These options,however, should be examined in yourpollution prevention plan before you makeany changes. The best way to start is to listseparately the modifications you areconsidering for each sector of your business.Call the Pollution Prevention Unit at (518)402-9469 to see if there is a manual thatexplains equipment and processmodifications for your specific business.You may wish to consult other sources foradditional guidance.


NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION625 Broadway, Albany, NY 12233

Section IV - Resource Guide

The following organizations provide technical assistance, publish information, conduct orspeak at workshops and conferences, and provide telephone, written and on-site information andassistance to generators on pollution prevention and better management of air, water, solid andhazardous waste issues.

Division of Solid & Hazardous MaterialsBureau of Hazardous Waste Regulation(518) 402-8633Small Quantity Generator Hotline(800) 462-6553This bureau is responsible for makinghazardous waste determinations and theSmall Quantity Generator Hotline.

Division of Environmental Permits(518) 402-9167Technical assistance and outreach,workshops/training, publications, pollutionprevention, and EMS.

Division of Air ResourcesBureau of Stationary Sources(518) 402-8403This bureau is responsible for sourcereview, permitting, NESHAP and toxicsassessments.

Division of WaterBureau of Water Permits(518) 402-8111This bureau is responsible for managing theState Pollution Discharge EliminationSystem (SPDES) permits, the SPDESprogram for storm water discharges, thewater resources programs, and themunicipal water supply permit.

Division of Solid & Hazardous MaterialsWaste Transporter Section(518) 402-8705This office is responsible for issuing permitsto waste haulers that transport solid andhazardous, industrial/commercial, sewageand septage waste.

Division of Solid & Hazardous MaterialsBureau of Solid Waste Reduction & Recycling(518) 402-8705This bureau is responsible for the waste tireprogram, the beneficial use program, thecomposting program and other solid wasterecycling and waste reduction issues.

Petroleum Bulk Storage Hotline(518) 402- 9549Provides technical assistance on chemicaland petroleum above/underground storagetanks.

Spill Response Hotline(800) 457-7362To report spills of oil petroleum products orhazardous materials on land or water inNew York State. Companies are legallyrequired to report a spill within 24 hours.Also, the National Response Center shouldbe notified. (See page 36)


NYSDEC Regional Offices

REGION 1Nassau & Suffolk CountiesBuilding 40 SUNY at Stony BrookStony Brook, NY 11790(631) 444-0204

REGION 2 Bronx, Kings, New York, Queens andRichmond Counties47-40 21st StreetLong Island City, NY 11101(718) 482-4949

REGION 3Dutchess, Orange, Putnam, Rockland,Sullivan, Ulster & Westchester Counties21 South Putt Corners RoadNew Paltz, NY 12561-1696(845) 256-3003

REGION 4Albany, Columbia, Delaware, Greene,Montgomery, Otsego, Rensselaer,Schenectady & Schoharie Counties1150 North Westcott RoadSchenectady, NY 12306-2014(518) 357-2068

REGION 5Clinton, Essex, Franklin, Fulton, Hamilton,Saratoga, Warren & Washington CountiesRoute 86, PO Box 296Ray Brook, NY 12977-0296(518) 897-1211

REGION 6Herkimer, Jefferson, Lewis, Oneida & St.Lawrence Counties317 Washington StreetWatertown, NY 13601(315) 785-2239

REGION 7Broome, Cayuga, Chenango, Cortland,Madison, Onondaga, Oswego, Tioga &Tompkins Counties615 Erie Boulevard WestSyracuse, NY 13204-2400(315) 426-7403

REGION 8Chemung, Genesee, Livingston, Monroe,Ontario, Orleans, Schuyler, Seneca,Steuben, Wayne & Yates Counties6274 East Avon-Lima RoadAvon, NY 14414-9519(585) 226-5366

REGION 9Allegany, Cattaraugus, Chautauqua, Erie,Niagara & Wyoming Counties270 Michigan AvenueBuffalo, NY 14203-2999(716) 851-7200


State and Local Assistance

Suffolk County Water Authority4060 Sunrise HighwayOakdale, New York 11769(631) 589-5200Provides confidential assistance tobusinesses in Suffolk County.

Erie County Office of PollutionPrevention95 Franklin Street, Room 1077Buffalo, NY 14202-3973(716) 858-7674Provides confidential assistance tobusinesses and the private sector in ErieCounty.

NYC Department of EnvironmentalProtection, Environmental EconomicDevelopment Assistance Unit59-17 Junction BoulevardCorona, NY 11368(718) 595-4359Provides assistance to small businesses inNew York City.

The Center for Business and IndustrySUNY at Fredonia, Lagrasso HallFredonia, NY 14063(716) 673-3177Provides assistance for businesses locatedin Chautauqua, Cattaraugus, and Alleganycounties.

Broome County Division of Solid WasteManagementEdwin Crawford County Office Building44 Hawley StreetBinghamton, NY 13902(607) 778-2250

Provides assistance to residents andbusinesses in Broome County.

NYS Environmental FacilitiesCorporationSmall Business Assistance Program 625 BroadwayAlbany, NY 12205(800) 780-7227(518) 402-7462Provides free technical, confidentialassistance to small businesses in New Yorkon issues regarding compliance with stateand federal air pollution laws andregulations.

Clean Air Act Small BusinessEnvironmental OmbudsmanEmpire State DevelopmentSmall Business Division633 3rd Avenue, 32nd FloorNew York, NY 10017(800) STATENY or (800) 782-8369Provides free confidential assistance tosmall businesses in New York State on issuesregarding the Clean Air Act, includingsources of financing for purchasingcompliance equipment.

Your county or town Department of Health,Public Works Office, or EnvironmentalManagement Council may also be able toprovide you with information on localregulations and issues.


US Environmental Protection Agency

Small Business Ombudsman Hotline1200 Pennsylvania AvenueWashington, DC 20460Phone: (800) 368-5888Fax: (703) 305-6462Helps private citizens, small businesses, andsmaller communities with questions on allEPA program aspects.

RCRA/Superfund/EPCRA Hotline1200 Pennsylvania AvenueWashington, D.C. 20460(800) 424-9346(202) 557-1938Answers questions on matters related tosolid waste, hazardous waste, orunderground storage tanks. Also, can beused to order EPA publications.

EPA Region II OfficeCompliance Assistance & Support Branch290 Broadway, 21st FloorNew York, NY 10007-1866(212) 637-3268Provides compliance and pollutionprevention assistance to EPA Region 2 areabusinesses.

EPA Region II OfficeDivision of Enforcement and ComplianceAssistance - RCRA Compliance Branch290 Broadway, 22nd FloorNew York, NY 10007-1866Phone: (212) 637-4145Fax: (212) 637-4949In addition to conducting RCRA inspectionson small businesses, this office providestechnical assistance on RCRA-relatedissues.

EPA HeadquartersOffice of Compliance (2224A)1200 Pennsylvania Avenue, NWWashington, DC 20460Phone: (202) 564-7076Fax: (202) 564-0009Regulatory, technical, compliance andpollution prevention assistance.

Department of Transportation HotlineOffice of Hazardous Materials StandardsResearch & Special ProgramsAdministration400 7th Street, SWWashington, DC 20590-0001Phone: (202) 366-4000Fax: (202) 366-3753Technical assistance on matters related toDOT’s hazardous materials transportationregulations.

Pollution Prevention InformationClearinghouse (PPIC)PPIC-EPA1200 Pennsylvania AvenueWashington, DC 20460Phone: (202) 566-0799Fax: (202) 566-0794E-mail: [email protected] a library and an electronic bulletinboard dedicated to information on pollutionprevention.

National Response Center(800) 424-8802In Washington, D.C. (202) 426-2675To report oil and chemical spills to theFederal Government. This hotline is mannedby the U.S. Coast Guard.


New York State Permitted Household Hazardous Waste Facilities

If you are a Conditionally Exempt Small Quantity Generator and located in one of the followingcounties, you can call the number listed to make arrangements to bring your hazardous waste fordisposal. Appointments are usually required.

Broome CountyDivision of Solid Waste ManagementP.O. Box 1766Government PlazaBinghamton, NY 13902(607) 778-2250

Oneida-Herkimer Solid Waste Management Authority311 Turner StreetUtica, NY 13501(315) 733-1224

Monroe County444 East Henrietta RoadRochester, NY 14620(716) 760-7600, option 3

Rockland County50 Sanitorium RoadP.O. Box 350Pomona, NY 10970(845) 364-2086

Tompkins County Solid Waste Management122 Commercial AvenueIthaca, NY 14850(607) 273-6632(607) 273-HHMW (4496)

Ulster County Resource Recovery Agency1266 Ulster AvenueKingston, NY 12401(845) 336-0600


Resources on the Internet

Organization Internet Address

National Pollution Prevention Roundtable http://www.p2.org/

Tellus Institute http://www.tellus.org

Waste Reduction Resource Center http://www.P2pays.org

NEW YORK STATE Empire State Development Services to Business NYS Department of Environmental Conservation NYS Environmental Facilities Corporation

http://www.empire.state.ny.us

http://www.dec.state.ny.us

http://www.nysefc.org

U.S. ENVIRONMENTAL PROTECTIONAGENCY Common Sense Initiative Design for the Environment Enviro$en$e Office of Underground Storage Tanks Small Business Assistance Program Technology Transfer Network

http://www.epa.gov/commonsensehttp://earth2.epa.gov/dforehttp://earth2.epa.govhttp://www.epa.gov/swerust1/http://www.epa.gov/tnn/sbaphttp://www.epa.gov/tnn

U.S. DEPARTMENT OF ENERGY Pollution Prevention Information Clearinghouse

http://epic.er.doe.gov/epic

PACIFIC NORTHWEST LABORATORIES Green Guide Pollution Prevention Resource Center

http://www.pnl.gov/esp/greenguide/http://www.pnl.gov/p2

http://www.p2.org/

http://www.tellus.org

http://www.P2pays.org

http://www.empire.state.ny.us

http://www.dec.state.ny.us

http://www.nysefc.org

http://www.epa.gov/commonsense

http://earth2.epa.gov/dfore

http://earth2.epa.gov

http://www.epa.gov/swerust1/

http://www.epa.gov/tnn/sbap

http://www.epa.gov/tnn

http://epic.er.doe.gov/epic

http://www.pnl.gov/esp/greenguide/

http://www.pnl.gov/p2


Appendix

Toxicity Characteristic Leaching Procedure (TCLP)The following are substances covered by the TCLP. The concentrations are not total amounts of thechemical in the waste, but concentrations in the TCLP leachate after the specific test is carried out.

Waste Code Substance TCLP Concentration Limit(mg/l)

D004 Arsenic 5.0

D005 Barium 100.0

D006 Cadmium 1.0

D007 Chromium 5.0

D008 Lead 5.0

D009 Mercury 0.2

D010 Selenium 1.0

D011 Silver 5.0

D012 Endrin 0.02

D013 Lindane 0.4

D014 Methoxychlor 10.0

D015 Toxaphene 0.5

D016 2,4-Dichlorophenoxyacetic acid 10.0

D017 2,4,5-Trichlorophenoxypro-pionic acid 1.0

D018 Benzene 0.50

D019 Carbon Tetrachloride 0.50

D020 Chlordane 0.03

D021 Chlorobenzene 100.0

D022 Chloroform 6.0

D023 o-cresol 200.0*

D024 m-cresol 200.0*

D025 p-cresol 200.0*


D026 cresol 200.0*

D027 1,4-Dichlorobenzene 7.5

D028 1,2-Dichloroethane 0.50

D029 1,1-Dichloroethylene 0.70

D030 2,4-Dinitrotoluene 0.13*

D031 Heptachlor (and its hydroxide) 0.008

D032 Hexachlorobenzene 0.13*

D033 Hexachloro-1,3-Butadiene 0.5

D034 Hexachloroethane 3.0

D035 Methyl ethyl ketone 200.0

D036 Nitrobenzene 2.0

D037 Pentachlorophenol 100.0***

D038 Pyridine 5.0**

D039 Tetrachloroethylene 0.7

D040 Trichloroethylene 0.5

D041 2,4,5-Trichlorophenol 400.0

D042 2,4,6-Trichlorophenol 2.0

D043 Vinyl Chloride 0.20

* If o-, — and p-cresol cannot be differentiated, the total cresol concentration used. The regulatorylevel for total cresol is 200.0 mg/l.

** Quantitation limit is greater than the calculated regulatory level. The quantitation limit, therefore,becomes the regulatory level.

*** The agency will propose a new regulatory level for this substance, based on the latest toxicityinformation.

These TCLP standards were published by the United States Environmental Protection Agency (EPA) onMarch 29, 1990. The standards were effective for fully regulated hazardous waste generators on September 25,1990. Since March 29, 1991, small quantity and conditionally exempt small quantity generators are also requiredby the USEPA to handle wastes that fail the TCLP as hazardous wastes. New York State adopted the TCLP,effective January 1995. To obtain a copy of the test procedures, you can call the Methods InformationCommunication Exchange at (703) 821-4690, or you can e-mail them at [email protected]..

environmental compliance and pollution prevention guide ......the environmental self-assessment and...

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