Summary of Laws, Rules and Regulations Relating to Automobile Recycling
The Department does not purport this list to be inclusive of all federal, state and local laws, regulations or ordinances. It has been compiled for the convenience of the reader and is intended to provide a brief review of generally applicable statutes. Amendments to the laws, regulations and ordinances may occur without notice.
The state law which require anyone involved in the transfer or disposal of 1973 or newer model year junk or salvage vehicles to obtain a registration or certification from the Department of Motor Vehicles.
ECL Article 27, Title 23
The state law which mandates vehicle dismantling requirements for end of life vehicles.
Discharges into Waters
The state law which makes it unlawful for any person, directly or indirectly, to throw, drain, run or otherwise discharge into such waters organic or inorganic matter that shall cause or contribute to a condition in contravention of the water quality standards adopted by the NYSDEC in 6 NYCRR Parts 700-705 pursuant to ECL 17-0301.
ECL Article 17, Title 8
The state law which established the State Pollutant Discharge Elimination System (SPDES) giving the NYSDEC the authority to issue permits for the discharge of wastewater to the state's waters.
SPDES General Permit for Storm Water
40 CFR Part 122-124
The federal regulations which require permits for the discharge of storm water to surface waters from various categories of industrial activities including facilities involved in the recycling of material (including, but not limited to, metal scrap yards, battery reclaimers, salvage yards, and automobile junk yards).
SPDES General Permit for Storm Water Discharges from Industrial Activities (except construction)
The state permit, issued on October 29, 1998, which allows permittees to discharge storm water from point sources to the surface waters of the state. A condition of this permit requires the development and implementation of a storm water pollution prevention plan specific to each individual site.
Individual SPDES Permit for Direct Discharges
6 NYCRR Part 750-758
The state rule that regulates the direct discharge of waste water into surface or ground water.
Solid Waste Disposal
6 NYCRR Subpart 360- 1.5(a)
The state regulation which prohibits the disposal of solid waste either brought to the site from other locations or generated on site from the salvaging operation. Materials having no recycling value must be disposed of at a permitted solid waste management facility. This material cannot be disposed of on site by burial or incineration.
Waste Fluids Report
6 NYCRR Subpart 360-12
The state regulation which requires that all automobile dismantlers, scrap metal dealers and junk yards submit to the NYS DEC an annual report detailing the methods of handling and disposal of waste automotive fluids. Annual reports must be submitted within 60 days of the end of each calendar year and must include the following information:
- The identity of all fluids which are handled on site (i.e., refrigerants, engine and gear oils, antifreeze, gasoline, diesel fuel, transmission fluid, battery acid, brake fluid, power steering fluid and windshield washer fluid).
- The quantity of all fluids which were reused, recycled or disposed.
- The identity of the transporter(s) of all fluid wastes which were removed from the site.
- The identity of the recipients of all fluid wastes.
6 NYCRR Subpart 360-13.1(b)
The state regulation which prohibits any person from engaging in storing 1,000 or more waste tires at a time without first obtaining a permit to do so.
Used Oil Tank Registration
6 NYCRR Subpart 360-14
The state regulation which requires the registration of tanks storing used oil, regardless of size. Product categories include used oil for fuel and used oil hauled away for recycling. Tanks storing more than 1,100 gallons of used oil for fuel are subject to registration fees. Tanks which store used oil which is to be hauled away for recycling are not subject to registration fees. (Note: This regulation is presently being revised.)
6 NYCRR Subpart 374-1.7
The state regulation which addresses the handling of spent lead-acid batteries. Spent lead-acid batteries stored on site which are not destined for recycling are considered abandoned, are subject to regulation as hazardous waste and must meet the storage requirements identified in Section 374-1. 7(a)(2).
Hazardous Substance Designation
6 NYCRR Part 597, ECL 27-2710, ECL 27- 2711, ECL 27-2713, ECL27-2714
The laws and regulations which designate materials such as petroleum, radiator fluids (ethylene glycol), lead- acid battery fluids and most commonly used organic degreasing solvents as hazardous substances. The illegal disposal of hazardous substances can constitute a crime. When hazardous substances are discharged, deposited, injected, dumped, spilled, leaked or placed so that they may enter the environment, abandoned or unlawfully incinerated as waste, the offender can expose himself and his employer to substantial criminal penalties and cleanup costs.
The state law which prohibits the discharge of petroleum into the waters or onto the lands of the state. In addition to penalties, responsible parties are held liable for the reimbursement of any costs which the state incurs should it exercise its authority for cleaning up any such spills. Discharge, for this purpose, means any intentional or unintentional action or emission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying, or dumping of petroleum.
The state law which requires any person responsible for causing a discharge of petroleum to notify the NYSDEC immediately, but in no case later than two hours after the discharge.
The state law which requires any person who is the owner, or is in possession or control of, more than 1,100 gallons of any liquid stored in bulk to immediately notify the NYSDEC if the liquid is released.
The state law which provides a strict liability standard for persons who spill or discharge petroleum if they are in control of more than 1,100 gallons of any liquid (including petroleum) which, if released, would pollute or would likely pollute the lands or waters of the state. In addition to penalties, the responsible party is also liable for all actual costs incurred by the state for the removal and neutralization of the liquid and reasonable remediation costs
Hazardous Substance Discharge
6 NYCRR Subpart 595.3
The state regulation which requires the reporting of all releases of hazardous substances including non-regulated facilities.
Tank Registration for Hazardous Substances
6 NYCRR Subpart 596.2
The state regulation which requires the registration of all underground tanks and any stationary aboveground tanks of 185 gallons or more which store a hazardous substance. Non-stationary tanks storing 2,200 pounds or more of a hazardous substance, or a mixture thereof, for a period of ninety days or more, are subject to the technical standards of 6 NYCRR Parts 598 and 599. Anti-freeze (ethylene glycol) is a regulated hazardous substance.
Oil Tank Registration
6 NYCRR Subpart 612.2
The state regulation which requires the owner of any petroleum storage facility with a combined capacity over 1,100 gallons to register the facility with the NYSDEC. Heating oil tanks storing less than 1,100 gallons are not regulated and should not be included in determining the total capacity at the facility. However, those tanks must be registered if the facility's total capacity not including those tanks exceeds 1,100 gallons. Any existing facility registered under this part must also comply with the requirements of 6 NYCRR Part 613. Any new or substantially modified existing facility must comply with 6 NYCRR Part 614.
6 NYCRR Part 81
Facilities must comply with the Vehicle and Traffic Law and its associated regulations. For dismantling/reclamation facilities this includes 6 NYCRR Part 81 which requires that facilities maintain a copy of the CR 81 handbook and comply with all of the applicable DMV regulations for salvage businesses.
6 NYCRR Part 215
The state rule which regulates open burning. This regulation describes permitting requirements, prohibitions and restrictions of burning in an open fire in New York State. This regulation specifically prohibits the burning of rubbish for salvage and also prohibits burning for disposal of rubbish generated on site by commercial activities.
Burning Used Oil
6 NYCRR Subpart 225-2
The state air rule which regulates the burning of waste oil. This regulation describes permitting requirements, the eligibility to burn various types of waste fuels and the sale of waste fuels. There are federal requirements which further regulate the burning of waste oil including 40 CFR Part 279. There are also state solid waste regulations 6 NYCRR Part 360 and Subpart 374-2 which address the burning of used oil in space heaters.
Solvent Cleaning (degreasers)
6 NYCRR Part 226
The state rule which regulates solvent metal cleaning processes (degreasers). This regulation pertains to cold cleaning degreasing, open-top vapor degreasing and conveyorized degreasing. The following sources are exempt from this regulation: Conveyorized degreasers smaller than 22 square feet or air/vapor interface, open-top vapor degreasers smaller than 11 square feet of open area, and solvent cleaning processes utilizing 1,1,1 trichloroethane (methyl chloroform), trichlorotrifluoroethane (freon 113) and methylene chloride.
Solvent Cleaning (degreasers)
40 CFR Part 63 Subpart T
The National Emission Standards for Hazardous Air Pollutants regulating Halogenated Solvent Cleaning. This applies to any halogenated solvent cleaning machine which uses solvent containing methylene chloride, perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride, or chloroform, or any combination of these halogenated HAP solvents, in a total concentration greater than 5% by weight, as a cleaning or drying agent. Cleaning machines with a capacity of less than 2 gallons are exempt from the NESHAP.
Surface Coating Operations
6 NYCRR Part 228
The state rule which regulates surface coating at facilities with potentials to emit volatile organic compounds above applicable thresholds. This regulation addresses permitting, emission control requirements, record keeping, regulated products and handling, and storage and disposal of volatile organic compounds. Facilities which do not meet the applicability thresholds established in 6 NYCRR Part 228, but are not exempt from it, are subject to 6 NYCRR part 212 Facilities which use less than 25 gallons of paint and solvent per month are exempt from permitting requirements under 6 NYCRR Part 201 but may still be subject to either Part 228 or Part 212.
40 CFR Part 82 Subpart F
The federal regulation which addresses refrigerant recycling. This regulation requires that: refrigerants be reclaimed before dismantling vehicles, refrigerants only be sold to certified dealers, and recovered refrigerants be properly labeled. This regulation does allow the use of the refrigerant in other cars owned by the dismantler. This regulation is based on Title VI of the 1990 Clean Air Act, Section 608.
The state highway law that any junkyard within 1000 feet of an interstate or primary highway shall be screened by natural objects, plantings, fences, or other appropriate means.