N.Y. Environmental Conservation Law § 37-0103: Lists of substances hazardous or acutely hazardous to public health, safety or the environment

§ 37-0103. Lists of substances hazardous or acutely hazardous to public

health, safety or the environment.

1. No later than two years from the date on which this section as

hereby amended takes effect, the commissioner shall promulgate and

thereafter from time to time amend regulations consistent with the state

administrative procedure act which contain:

(a) A list of substances hazardous to the public health, safety or the

environment, as required by paragraph (b) of subdivision ten of section

71-2702 of this chapter, which meet the following criteria:

(i) because of their quantity, concentration, or physical, chemical or

infectious characteristics cause physical injury or illness when

improperly treated, stored, transported, disposed of, or otherwise

managed; or

(ii) pose a present or potential hazard to the environment when

improperly treated, stored, transported, disposed of, or otherwise

managed; or

(iii) because of their toxicity or concentration within biological

chains, present a demonstrated threat to biological life cycles when

released into the environment.

(b) A list of substances acutely hazardous to public health, safety or

the environment, as required by paragraph (b) of subdivision eleven of

section 71-2702 of this chapter, which meet the following criteria:

(i) A. have an oral LD (rat) toxicity of less than 50 milligrams per

kilogram; or

B. have an inhalation LC (rat) toxicity of less than 2 milligrams per

liter; or

C. have a dermal LD (rabbit) toxicity of less than 200 milligrams per

kilogram; or

(ii) cause or are capable of causing death, serious illness or serious

physical injury to any person or persons as a consequence of release

into the environment.

2. In promulgating a list pursuant to paragraph (a) of subdivision one

of this section, the commissioner shall include the following:

(a) substances whose manufacture, processing, contribution in

commerce, use, possession or disposal is banned, prohibited or limited

pursuant to the federal Toxic Substances Control Act (15 U.S.C. 2601 et

seq.) as of January 1, 2008, as amended from time to time;

(b) substances and pesticides whose use or possession is prohibited

pursuant to the federal Insecticide, Fungicide and Rodenticide Act (7

U.S.C. 135 et seq.) as of January 1, 2008, as amended from time to time;

and

(c) substances defined as hazardous substances pursuant to the federal

Comprehensive Environmental Response, Compensation and Liability Act (26

U.S.C. 4611 et seq.; 42 U.S.C. 9601 et seq.) as of January 1, 2008, as

amended from time to time.