New York

Covered Electronic Equipment (CCE) Banned from Disposal with Trash in New York State

As of JanuaryNew York State Department of Environmental Conservation 1, 2015, consumers in state of New York may no longer dispose of certain types of electronic equipment in landfills, waste-to-energy facilities, in the trash, or at curbside for trash pickup.  The following electronic equipment is covered by the NYS Electronic Equipment Recycling and Reuse Act and is therefore referred to as CCE or covered electronic equipment.

Electronic Equipment Covered by the Law:

  • Computers (including laptops, desktops, tablets and e-readers)
  • Televisions
  • Cathode ray tubes
  • Computer peripherals (including any cable, cord, or wiring accompanying the computer peripheral.)
    • Monitors
    • Electronic keyboards
    • Electronic mice or similar pointing devices
    • Facsimile machines, document scanners, and printers (only those intended for use with a computer and weighing less than 100 lbs.)
  • Small electronic equipment (including any cable, cord, or wiring accompanying the small electronic equip
    large flat screen TV in trash dumpster

    e-waste is forbidden in trash or landfill disposal in many states

    ment.)

    • VCRs
    • Digital video recorders (DVRs)
    • Portable digital music players
    • DVD players (including projectors with DVD player capabilities intended for home-use)
    • Digital converter boxes
    • Cable or satellite receivers (including digital media receivers)
    • Electronic or video game consoles (including both handheld devices and those intended for use with a video display device)
  • Small scale servers

If you are unsure if your electronic device is covered by this law, please contact DEC @ (518) 402-8706 or ewaste@dec.ny.gov

Covered electronic equipment does not include:

  • Any motor vehicle or any part thereof
  • Camera or video camera
  • Portable or stationary radio
  • Household appliances:
    Used home appliances

    Most state regulations do not consider large home appliances to be e-Waste

    • Clothes washers
    • Clothes dryers
    • Refrigerators
    • Freezers
    • Microwave ovens
    • Ovens and ranges
    • Dishwashers
  • Equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development or commercial setting
  • Security or anti-terrorism equipment
  • Monitoring and control instrument or system
  • Thermostat
  • Hand-held transceiver
  • Telephone of any type
  • Portable digital assistant or similar device
  • Calculator
  • Global positioning system (GPS) receiver or similar navigation device
  • A server other than a small-scale server
  • A cash register or retail self checkout system
  • A stand-alone storage product intended for use in industrial, research and development or commercial settings
  • Commercial medical equipment that contains within it a cathode ray tube, a flat panel display or similar video display device, and is not separate from the larger piece of equipment
  • Other medical devices as that term is defined under the Federal Food, Drug and Cosmetic Act.

If you are unsure if your electronic device is covered by this law, please contact DEC @ (518) 402-8706 or ewaste@dec.ny.gov

How Do I Recycle My Electronics?

Under the NYS Electronic Equipment Recycling and Reuse Act, manufacturers are required to provide consumers a free and convenient opportunity to recycle their equipment or one piece of CCE from another manufacturer with the purchase of the same type.

Depending on a specific manufacturer’s acceptance program, CCE recycling opportunities may include:

  • Mail back programs
  • Local collection events
  • Permanent collection locations (PDF)
  • Free at-home pickup, when no other free and convenient option is available

Visit DEC’s website for more information on recycling consumer electronic waste.

This video from NYC ZeroWaste describes e-waste recycling options for citizens of NYC

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

EPA Fines Kawasaki Rail Car for Improper Storage and Handling of Hazardous Waste

EPA Inspection Found Dozens of Containers of Hazardous Wastes

The Bullet:

A company is inspected, issued a notice of violation, and settles with USEPA to avoid a long costly legal process they will likely lose.  The cost to settle is high and this doesn’t include the costs to come into compliance.

Who:

Kawasaki Rail Car, Inc. (“Kawasaki”) of Yonkers, NY

U.S. Environmental Protection Agency – Region 2

What:

As part of the agreement, Kawasaki will come into compliance with all federal hazardous waste laws and pay a $71,120 penalty.

Where:

Kawasaki’s facility is at 29 Wells Avenue in Yonkers.

When:

Announced:  April 28, 2016

Why:

No indication in the press release of the specific alleged violations, just…

EPA inspections revealed the company had generated hazardous wastes and had stored these wastes without a permit.

and…

An EPA inspection revealed several dozen containers containing waste paints and solvents, discarded gasoline and unlabeled containers of hazardous wastes. A number of containers of hazardous waste were corroded and leaking.

My best guess is that the facility is a large quantity generator of hazardous waste and accumulated hazardous waste on-site for longer than 90 days or could not prove that the hazardous had not been there longer than 90 days.  Accumulation of hazardous waste for greater than 90 days cannot be done without a permit.  The release also mentions the condition of the containers which violates 40 CFR 265, subpart I.

Not sure of your hazardous waste generator status?

 Take this short survey
How:

Though New York has an authorized hazardous waste program under RCRA, the USEPA may still conduct inspections and enforcement of Federal regulations, as is the case here.

Curious about the status of your state?  RCRA Authorization in U.S. States

Conclusion:

Unlike other enforcement actions, this one did not indicate a multi-year process of inspections, NOVs, more inspections, &etc. before the fines are finally paid.  This appears to be a fairly brief and simple story, resulting in significant costs for the business.  Costs that could have been avoided with some simple steps that include my Onsite Training services.

Contact: John Martin, (212) 637-3662, martin.johnj@epa.gov

For more information about federal hazardous waste law, visit: http://epa.gov/osw/hazard

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
The RCRA Recordkeeping Requirements in New York

The RCRA Recordkeeping Requirements in New York

A question from a past attendee of one of my RCRA TRAINING WEBINARS:

Hello Daniel,
I reviewed the material from our training and see that recordkeeping for Haz Waste is to maintain record for 3 years from last effective date.
I have inherited the file cabinet for our facility and have records going back to 1991. Is there some other requirement for NY that I may be missing or am I due for a file clean up?

My reply that same day (I must have been in the office):

That is a good question.  New York may have recordkeeping requirements that are more strict than those of USEPA.  It is possible that they may require a longer retention period for RCRA records, though I have not seen any indication of this.

Since the recordkeeping requirements are not in one location in the regs but are spread throughout, finding an answer I can offer with confidence will not be easy (i.e. it will take me time that you will have to pay me for).  One quick way to get a good answer is to contact the NYS Department of Environmental Conservation:
NYSDEC
Division of Environmental Remediation
625 Broadway
Albany, NY 12233-7012
518-402-9764
Send us an email
I hope this helps.
Dan
OK.  Not my best response.  But look!  I invested a little time in some research of the hazardous waste regulations of the New York State Department of Environmental Conservation and came up with this reply on March 18th:
I was curious about your question and decided to pursue it further.  I confirmed with a representative of the NYSDEC (and by referencing the regulations) that the RCRA recordkeeping requirements in New York are the same as those of the USEPA (i.e. three years from its effective date).

However, NYSDEC has an addtional requirement at NYCRR Part 372.2(c)(1)(iv):

All records required under this subdivision must be furnished to the Department upon request, postmarked within five business days of receipt of a written request.

So, you must be prepared to mail copies of your records (3 years worth) to NYSDEC if they request them in writing.
Keeping records beyond the time required by regulations is a business decision that I suggest you decide with the involvement of other parties in your company (maybe even lawyers!).  There are pros and cons to keeping records beyond the specified time frame.
See NYCRR Part 372.2(c)(1(iv) for yourself:

(c) Reporting and record keeping requirements.

(1) Record keeping.

(i) A generator must keep a copy of each complete manifest document as a record for at least three years from the date the waste was accepted by the initial transporter.

(ii) A generator must keep a copy of each Annual Report (paragraph (2) of this subdivision) and Exception Report (paragraph (3)) for a period of at least three years from the due date of the report.

(iii) A generator must keep records of any test results, waste analyses, or other determinations made in accordance with paragraph (a)(2) of this section for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage or disposal.

(iv) All records required under this subdivision must be furnished to the Department upon request, postmarked within five business days of receipt of a written request. A generator must make such records available at all reasonable times for inspection by any officer, employee, or representative of the Department who is duly designated by the commissioner.

(v) The record keeping periods referred to in this section are extended automatically beyond the three-year period during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the commissioner.

Thank you and please don’t hesitate to contact me with any questions.
I’m not aware of any state with an authorized hazardous waste program that has a requirement to keep records related to hazardous waste management longer than three years, do you?
Read this article on the hazardous waste recordkeeping requirements of the USEPA:  How long to keep records related to hazardous waste management.
And then contact me with any questions you may have about the management of hazardous waste in New York.

New York Department of Environmental Conservation Seeks Public Comment on Proposed Amendments to Hazardous Waste Management Regulations

The New York State Department of Environmental Conservation (DEC) is providing a Draft for Public Consideration of revised Hazardous Waste Management Regulations for comment by stakeholders.

This rulemaking by DEC will incorporate new Federal rules of the USEPA and changes initiated by New York that affect the hazardous waste regulations in the state.  It will also clarify language and correct errors throughout the state regulations.  A draft of the amendments is being made available on the DEC website.  Stakeholders are to review a draft of the amendments available on the DEC website and provide comment before the draft regulations are formally proposed in 2015.

Thirty-seven (37) Federal rules are proposed to be included in this rule making. These rules were adopted by the USEPA from January 2002 through April 2012. The June 26, 2014 Cathode Ray Tube Export rule is also included in this rule making:  A list of the 37 Federal rules with a brief description.

As a state with an authorized hazardous waste program, New York regulations must be as strict and as broad as those of the USEPA.  The NY DEC may choose not to adopt Federal regulations if their own are more strict.

The proposed amendments to the New York hazardous waste program includes major changes to the Federal Rule adopted by the USEPA since 2012.  In this “initial public outreach,” DEC is seeking comments on the proposal to adopt the following EPA rules:

  • Solvent Contaminated Wipes Rule – EPA’s July 31, 2013 rule revises the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused and revises the definition of hazardous waste to conditionally exclude solvent-contaminated wipes that are disposed.
  • Carbon Dioxide Sequestration Rule – EPA’s January 3, 2014 Carbon Dioxide Sequestration Rule provides a conditional exclusion for carbon dioxide (CO2) streams in geological sequestration activities. This rule would conditionally exclude CO2 streams that are hazardous waste from the definition of hazardous waste, if they are captured from emission sources and are injected into Class VI Underground Injection Control wells for geological sequestration, provided that certain requirements are met.
  • Hazardous Waste Electronic Manifest (e-Manifest) Rule – EPA’s e-Manifest Rule provides the legal and policy framework to authorize the use of electronic manifests. The e-Manifest system will go into effect through out the United States at the same time, whether or not authorized states have amended their regulations.
  • EPA’s 2008 Definition of Solid Waste Rule – As amended in January 2015 redefines “hazardous secondary materials.” It streamlines regulation of hazardous secondary material to encourage beneficial recycling and help conserve resources. By removing unnecessary regulatory controls, it is expected to make it easier and more cost-effective to safely recycle hazardous secondary materials. EPA published substantial revisions to this rule on January 13, 2015. As amended, the rule provides greater safeguards from mismanagement. Certain parts of the 2015 Final Rule are more stringent than current DEC regulations. DEC must adopt these provisions, which include a revised definition of “legitimate recycling,” a prohibition on sham recycling, and new recordkeeping requirements related to speculative accumulation provisions.
  • Amendments to DEC’s Used Oil Management Regulations (6 NYCRR Subpart 374-2). DEC is considering whether or not to continue to require Petroleum Bulk Storage (PBS) registration for certain small used oil tanks for which PBS registration is not otherwise required; whether to amend the used oil collection center requirements to allow entities collecting used oil in small volumes to obtain a Part 360 registration and more closely follow EPA requirements in lieu of obtaining a Part 360 permit; and whether to replace the current vehicle-to-vehicle exemption and 10-day exemption with a Part 360 registration requirement. Changes in time requirements for record retentions to more closely follow EPA requirements are also being considered.

The draft express terms; lists of federal and state changes; information on an upcoming webinar and public meeting; and how to submit comments are available on DEC’s website:  Hazardous Waste Management, Draft Regulations for Consideration.

Interested in the regulations of the USEPA, NYDEC, and the USDOT for the management of hazardous waste and/or hazardous materials in transportation?  Do you need the training that is required for personnel who work with hazardous waste or hazardous materials in transportation?