Proposed Express Terms Part 370 Series Additional Changes to State Manifest Program

Changes to the State Manifest Program in Addition to the Federal Changes

370.2(b)(43) Definition of designated treatment, storage or disposal facility: in (1)(i), additional reference is made to facilities regulated under 371.1(g)(3)(ii), 374-1.6, or 373-1.1(d)(2) - these reference particular types of facilities which can receive manifested shipments but are not permitted facilities. This will make the definition consistent with other regulatory text.
371.1(a)(1)(iii)('a')('1') is amended to read as follows:
1. ('1') a person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in sections 372.5(c), 372.5(f)(1)(i) - (iv), (vi), and (f)(2), and 372.5(g), export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in section 372.5 of this Title, and provide a copy of the EPA acknowledgment of consent to the shipment to the transporter transporting the shipment for export; and
372.2(b)(2): The State will continue to be more stringent than USEPA in that the generator must still receive written communication from the TSDF prior to shipment, however, the content of that communication has been simplified.
372.2(b)(2)(ii): The State has always required the generator to provide the ultimate disposal method for the waste on the manifest and we will continue this requirement.
372.2(b)(3), appendix 30: The state proposes to change the time from 5 business days to 10 calendar days for distribution of copies, to take holidays into account and for facilities who mail forms once a week. In addition, language is revised so generators will not need to distribute manifest copies to states who do not require a copy be sent to them.
372.2(b)(3)(iii): Because the manifest will now be a 6 part form not 8, the generator may need to make copies of the form to meet the requirement of mailing a copy to the state(s) involved.
372.2(b)(5)('b'): This clause is proposed to be deleted. Presently states that no generator may offer a shipment of hazardous waste to a transporter unless, in the case where the transporter is a common carrier, the generator has a valid permit, issued under Part 364 of this Title, which authorizes the transportation of the particular waste(s) offered for shipment to the designated facility. Part 364 reads differently regarding this issue, and 372.2(b)(5)('c') will address cases where a transporter does not require a Part 364 permit.
372.2(b)(6): Presently states that use of a uniform 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.
372.2(b)(9): The state will incorporate the federal form printing regulations by reference. New York presently prints manifest forms. With the advent of the national program for form printing, New York will no longer print manifest forms.
new 372.3(b)(4)(ii): Transporters can now modify the manifest upon instruction by the generator, if the waste cannot be delivered to the designated TSDF or alternate TSDF.
372.7(d)(2): Cross referencing corrected: (2) determine significant discrepancies as defined in [section 372.4(b)(1)(i) of this Part]sections 373-2.5(b)(1)(i) or 373-3.5(b)(1)(i) of this Title, between the shipment and the manifest and/or the shipping document;
372.7(d)(4): Present time of 30 days should be 15 days to be consistent with federal regulations. (4) [submit an unmanifested waste report as set forth in section 372.4(d)(2) of this Part to the Department] if a manifest for the shipment is not received within [30] 15 days from the receipt of the shipment, send a copy of the signed and dated copy of the shipping paper to the generator and submit an unmanifested waste report as set forth in section 373-2.5(b)(3) of this Title to the Department; and
new 373-2.5(b)(1)(i)('b')('1') (similar change in 373-3): The TSDF responsibility to determine form completeness and accountability for any changes made, is maintained.
373-2.5(b)(1)(ii) (similar change in 373-3): Language is clarified regarding analysis of a representative sample of the hazardous waste shipment to reference as specified in the waste analysis plan.
373-2.5(b)(1)(iv) (content is proposed to be relocated to 373-2.5(b)(1)(i)('b')('5')) and appendix 30 (similar change in 373-3)): Increased time from two business days to 10 calendar days for distribution of manifest copies to allow once a week mailings, taking holidays into account. In addition, language is revised so receiving facilities will not need to distribute manifest copies to states who do not require a copy be sent to them.