ENB - STATEWIDE NOTICES

        
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Public Notice of Review And Comment

The New York State Department of Environmental Conservation (Department) has prepared the draft Policy entitled "Regulatory Status of Laundered Industrial Rags & Soiled Clothing," number DSH-HW-02-09.

This draft Policy would allow qualifying shop towels, industrial rags, and soiled clothing to be sent to an industrial laundry (or laundered on-site) as non-hazardous waste when certain specific conditions are met. The Department currently has a similar policy in place under its Technical and Administrative Guidance Memorandum (TAGM) number 3031. The draft Policy builds upon the guidance of TAGM 3031 and reflects the experience and knowledge gained through implementation of TAGM 3031 over the ten-year period since its issuance and references new regulatory requirements.

The draft Policy can be obtained from William Yeman, NYSDEC, 8th floor, 625 Broadway, Albany, New York 12233-7251, telephone 518-402-8633. It is also available in each of the Departmentís nine Regional Offices from the Regional Solid & Hazardous Materials Engineer.

Written comments on the draft Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Paul Counterman, P.E., Director, Bureau of Hazardous Waste Management, at the above address.

I. Summary:

This program policy addresses the regulatory status of used shop towels, industrial rags, and soiled clothing contaminated with oil or solvents when these items will be laundered. Specifically, it defines the conditions that must be met in order for hazardous shop towels, industrial rags, and soiled clothing to be sent as non-hazardous waste to industrial laundries or on-site laundries.

II. Policy:

It is the policy of the Division that shop towels, industrial rags, and soiled clothing ("towels/rags/clothing") that have become contaminated with incidental amounts of hazardous solvents may be sent to industrial laundries (or laundered on-site) as non-hazardous waste, provided certain conditions are met. (See section V for those conditions.)

III. Purpose and Background:

In 1991, the United States Environmental Protection Agency (USEPA) recognized the possible need for developing workable approaches for the management of used wipers, and allowed authorized states and USEPA regions to develop case-by-case policies to implement such approaches. In response, the Division issued Technical and Administrative Guidance Memorandum (TAGM) number 3031 entitled "Regulatory Status of Industrial Rags and Soiled Clothing" on January 2, 1992 to provide an operable policy for such wipers and, by extension, soiled clothing.

This revised policy document builds upon the guidance articulated in the original TAGM 3031, and reflects the experience and knowledge gained through implementation of that TAGM over the ten-year period since its issuance.

IV. Responsibility:

Responsibility for the interpretation and updating of this policy document resides with the Bureau of Hazardous Waste Management within the Division of Solid & Hazardous Materials.

Questions regarding this policy should be directed to:
William Yeman
Bureau of Hazardous Waste Management
Division of Solid & Hazardous Materials
518-402-8633

V. Procedure:

When the following conditions are met, towels/rags/clothing may be sent to industrial laundries (or laundered on-site):

1. Towels/rags/clothing which are a listed or characteristic hazardous waste must be managed as non-exempt hazardous waste until they are loaded onto a vehicle that will initiate delivery of these items to an off-site laundry, or until they are laundered on-site. (Note: Only absorbent products which qualify as towels or rags are eligible for this policy. Thus, absorbent pigs, logs, and most absorbent pads cannot qualify.)

2. Notification is made in accordance with the one-time notice requirement of 6 NYCRR Part 376.1(g)(1)(vii) of the land disposal restrictions (LDRs). However, note that: (a) conditionally-exempt small quantity generators are exempt from this requirement because they are not subject to the LDRs, and (b) towels/rags/clothing that are not contaminated with listed hazardous waste and do not exhibit a hazardous waste characteristic, even at their points of generation, are not subject to this one-time notice requirement.

3. At the time the towels/rags/clothing are loaded onto the vehicle that will initiate delivery to the off-site industrial laundry (or when the laundering begins on-site), the towels/rags/clothing do not contain free liquids (as determined by the "Paint Filter Liquids Test," USEPA SW846 Test Method #9095) and no free liquids are present in their containers.

4. Until their arrival at the facility where the laundering will occur, towels/rags/clothing are managed only in containers meeting the applicable USDOT hazardous materials container specifications for shipment of that type of material. For example, if the towels/rags/clothing qualify as UN3175 ("Solids containing flammable liquid"), they must always be kept in leakproof containers approved for the shipment of UN3175 until their arrival at the laundry.

5. The towels/rags/clothing are subsequently laundered and reused, and towels/rags/clothing of a similar type and quantity are returned to the user for reuse after laundering.

6. No additional solvents are added to the towels/rags/clothing after they have been containerized.

7. Applicable Federal and State DOT shipping regulations are met.

8. The facility laundering the towels/rags/clothing remains subject to all other applicable environmental regulations.

When these conditions are met, receipt and laundering of towels/rags/clothing at on-site and off-site laundries will not subject the laundries to either 6 NYCRR Part 373 hazardous waste permitting or Part 360 solid waste permitting, and transportation of the towels/rags/clothing to the laundry will not subject the transporter to Part 364 waste transporter permitting. In addition, no notification under 6 NYCRR Part 371.1(c)(7) is required for towels/rags/clothing being managed under this policy. Finally, any residuals obtained from these towels/rags/clothing (including drippage, laundry sludges) must be managed as hazardous waste only if they exhibit a hazardous waste characteristic.

Related References

Issuance of this policy is supported by the following documents:


The New York State Department of Environmental Conservation (Department) has prepared the draft Program Policy entitled "Counting of Container and Packaging Weights."

This draft Program Policy establishes a uniform standard policy under which the weight of containers and packaging used for holding hazardous waste is not counted when determining the quantity of hazardous waste generated. This policy will cover all programs/applications within the Division of Solid & Hazardous Materials, including annual reporting, hazardous waste reduction plans, generator fees, special assessments, and determination of generator category (i.e., whether a generator is a conditionally-exempt small quantity generator, small quantity generator, or large quantity generator).

The draft Policy can be obtained from William Yeman, NYSDEC, 8th floor, 625 Broadway, Albany, NewYork 12233-7251, telephone 518-402-8633. It is also available in each of the Departmentís nine Regional Offices from the Regional Solid & Hazardous Materials Engineer, and may also be accessed at the following website: www.dec.state.ny.us.website/dshm/regs/index.html

Written comments on the draft Policy will be accepted for 30 days from the date of publication of this notice. Written comments should be addressed to Paul Counterman, P.E., Director, Bureau of Hazardous Waste Management, at the above address.

I. Summary:

The weights of in-use containers and packaging are not counted when determining the quantity of hazardous waste generated.

II. Policy:

The Division of Solid & Hazardous Materials (DSHM) will not include the weight of still-functioning containers and packaging when calculating the quantities of hazardous waste generated, unless the generator is unable to provide sufficient documentation for DSHM to reliably calculate those quantities independent of the container and packaging. This Program Policy establishes the uniform policy of allowing container and packaging weights to be excluded when determining the quantity of hazardous waste generated for the purpose of reporting on the Annual Report and Hazardous Waste Reduction Plan, and for establishing generator fees, special assessments, and generator-size categories. Generators need not include or report the weight of containers and packaging in making their hazardous waste generator classification determination or in manifests or annual reports; however, for shipments in containers, they must clearly note on the relevant documents whether the weight of the container and packaging is, or is not, included in the weight.

III. Purpose and Background:

The purpose of this guidance is to establish a uniform and consistent policy within the DSHM that the weights of still-functioning containers and packaging are not required to be counted when determining the quantity of hazardous waste generated.

It is the DSHMís determination that containers and packaging used to contain and package hazardous wastes are not themselves wastes for as long as the containers continue to be used as intended. These items perform the essential role of containing the waste (e.g., drums, bottles, vials) or preventing damage to the primary container (e.g., vermiculite used to separate and support individual containers), and are of critical importance in preventing releases to the environment.

Because the quantity of hazardous wastes listed on manifests in units of volume (e.g., gallons) never includes the volume of the container or packaging, the DSHM has, historically, unavoidably excluded container and packaging weights when calculating the weights of those hazardous wastes. In contrast, the DSHM has historically not always excluded container and packaging weights when the quantities listed on manifests were in units of weight (e.g., pounds, kilograms, tons). This policy will allow the container and packaging weights to be excluded regardless of which quantity units the generator selects.

IV. Responsibility:

Responsibility for the interpretation and updating of this policy document resides with the Bureau of Hazardous Waste Management within the DSHM.

If you have questions about this policy, please contact:
William Yeman
Bureau of Hazardous Waste Management
518-402-8633

V. Procedure:

This policy may be used for purposes of annual reporting and hazardous waste reduction planning, calculation of special assessments and generator fees, and determination of generator-size categories whenever sufficient documentation exists to establish the net quantity of hazardous waste being contained or packaged.

Related References

This policy is supported by the following USEPA documents:

Note also that nothing in the hazardous waste regulations contradicts this position in any way. For example, see Parts 371.1(f)(3) and (4) and 372.1(b)(2), which have no requirement for the inclusion of the weight of a vessel holding a generated hazardous waste when determining whether a generator is a Conditionally-Exempt Small Quantity Generator (CESQG), Small Quantity Generator (SQG), or Large Quantity Generator (LQG).


Notice of Acceptance of Final Generic EIS

The New York State Office of Parks, Recreation and Historic Preservation (OPRHP), as lead agency, has accepted a Final Generic Environmental Impact Statement on the proposed adoption and implementation of the 2003 Statewide Comprehensive Recreation Plan. The comment period ends December 2, 2002. Comments may be submitted to the Contact Person. The document is available for review at OPRHP and Department of Environmental Conservation regional offices, and is online at www.nysparks.com/agency/scorp/. A limited number of copies are available from the agency contact. The Statewide Comprehensive Outdoor Recreation Plan periodically provides policy direction and serves as a status report and an overall guideline for recreation resource preservation, planning and development throughout the state. The project location is statewide.

Contact: Robert W. Reinhardt, 17th Floor, Agency Bldg. 1, Empire State Plaza, Albany, NY 12238, phone: (518) 486-2909, fax: (518) 474-7013, Email: Robert.Reinhardt@oprhp.state.ny.us