Preliminary Draft Express Terms for Public Comment Part 370 Series, Negative Declaration

617.21
Appendix F
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non-Significance

This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law.

The Department of Environmental Conservation as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Impact Statement will not be prepared.

Name of Action: Amendments to 6 NYCRR Parts 370, 371, 372, 373 and Appendix 30: Changes to the hazardous waste manifest program.

SEQR Status:: Type 1; Unlisted X

Conditioned Negative Declaration:: Yes; No X

Description of Action:

This proposed rulemaking amends the Part 370 Series hazardous waste management regulations to incorporate mandated federal changes published in the March 4, 2005 federal register regarding the hazardous waste manifest program. The hazardous waste manifest form is being revised and this revised form must be in use 18 months from the date of publication in the Federal Register (September 5, 2006). Specific State regulations regarding use of this new form are necessary to assure collection of information key to the implementation of hazardous waste tax and fee programs. In addition, changes to other aspects of the State manifest program will be made.

In the new manifest form, some of the existing data fields have been eliminated. New fields have been added, including an emergency response phone number for the generator, additional waste code fields, specific requirements for international shipments, detail on manifest discrepancies and full or partial load rejection, and hazardous waste report management method codes.

The new data field, hazardous waste report management method code, is replacing the existing handling code and will provide final disposition of the waste in most cases. This information is vital to the assessment of fees and taxes on hazardous waste disposal. However, if the waste is being shipped to the TSD facility for storage prior to shipment to another facility, the hazardous waste report management method code will only show that the waste is being stored. It will not provide ultimate disposition for waste. Therefore, an additional State waste code will be required to designate the ultimate disposition of the waste.

Recordkeeping, reporting requirements, and other changes were also made to improve and modernize hazardous waste tracking. The printing of the hazardous waste manifest form will be through a national process, with USEPA approving printers and coordinating unique manifest document numbers nationwide. The method of tracking and using manifests for handling rejected loads and container residue shipments has been specified, where the existing regulations are not clear on this issue. The definition of a bulk container has been modified to conform with DOT requirements by substituting the 119 gallon threshold used by DOT for the 110 gallon threshold that appears in the existing regulations. This rulemaking will adopt these federally mandated changes.

The State is mandated, by State statute and as a State authorized to implement the hazardous waste management program in lieu of the USEPA, to adopt federal changes that increase stringency. The proposed amendments regarding the hazardous waste manifest program which USEPA has mandated, including the new manifest form, will become effective, nationwide, as of September 5, 2006. States are not provided the option of selective adoption of these changes based on stringency criteria.

In addition, the Department is proposing to make state initiated changes.

Time frames for distribution of manifest copies to the State will be changed from 5 days for generators and 2 days for receiving facilities to 10 days for both.
When a New York State generator ships their waste out of state, existing regulation requires them to mail a copy of the manifest to the destination state. This will no longer be required for states that do not want these documents.
Generators will continue to be required to receive written communication from the TSDF prior to shipment of hazardous waste, however, what the TSDF must state in that communication has been simplified.
State regulations presently state that use of a hazardous waste manifest constitutes a determination by the generator that the waste listed on the manifest is hazardous in New York and/or the state of generation. The new form, however, allows non-hazardous waste to be listed on the manifest. Therefore, this provision will be changed to state that use of a hazardous waste code on a manifest constitutes a determination by the generator that the waste is hazardous in New York and/or the state of generation.
Finally, language will be clarified on analysis of a representative sample of the hazardous waste shipment to reference as specified in the waste analysis plan.

Location: (Include street address and the name of the municipality/county. a location map of appropriate scale is also recommended.)

Statewide.

Reasons Supporting This Determination: (See 617.6(g) for requirements of this determination ; see 617.6(h) for Conditioned Negative Declaration)

The proposed regulations incorporate mandated changes to the hazardous waste manifest form, which will go into effect in New York and nationwide on September 5, 2006 with or without State regulatory amendment. The addition of a clear location on the form for an emergency phone number may be helpful in expediting emergency response in the event of a spill. Requiring an additional State waste code to designate the ultimate disposition of the waste is presently required in State regulation through the use of handling codes.

The newly specified method of tracking and using manifests for handling rejected loads and container residue shipments will add assurance that these shipments are properly managed, increasing the protection of human health and the environment. Changing the definition of a bulk container to increase international consistency will not have any adverse impact the environment.

Increasing the time provided for generators and TSD facilities to mail in the manifest forms to the State is a processing change which provides greater flexibility to the generators and TSD facilities without any adverse impact on the environment. Stating that manifests do not need to be mailed to states who do not collect them, and simplifying the communication requirements between generators and TSDFs are administrative changes without environmental impact.

Stating that use of a hazardous waste code constitutes a determination by the generator that the waste is hazardous continues to provide an enforcement tool while allowing non-hazardous material to be listed on the manifest, as required by the federal regulations.

Clarification regarding analysis of a representative sample corrects internal inconsistencies and interpretations of the existing regulations by directly referencing the facility's waste analysis plan. This clarifies requirements to assure interpretation of the regulation in a way that is protective of human health and the environment.

The Department has considered the criteria listed in 6 NYCRR 617.7(cc) in relation to the impacts that may be reasonably expected to result from these proposed amendments and determined that this proposal will not have a significant adverse impact on the environment.

In considering reasonably related long-term, short-term and cumulative effects of potential consequences of the proposed rule, the Department has determined that the proposed rule will not cause any adverse consequences to the environment. These proposals will not result in: a substantial adverse change in existing air or water quality; the removal or destruction of large quantities of vegetation or fauna; the creation of a hazard to human health; a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources; the attracting of a large number of people to a place for more than a few days; or long-term, short-term direct or indirect cumulative impacts.

The Department was unable to identify any relevant areas of environmental concern as a result of this proposed regulatory amendment.

In summary, the Department has determined that this Notice of Determination of nonsignificance is appropriate and that this rulemaking will not cause a significant adverse effect on the environment.

If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed.

For Further Information:

Contact Person: Deborah L. Aldrich

Address: Division of Solid & Hazardous Materials
Department of Environmental Conservation
625 Broadway, Albany, NY 12233-7250

Telephone Number: (518) 402-8730

For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice sent to: Commissioner, Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-0001 Appropriate Regional Office of the Department of Environmental Conservation Office of the Chief Executive Officer of the political subdivision in which the action will be principally located