Businesses that use sound environmental decisions in their operations are the strongest, most successful enterprises in NYS. Whether your business needs help with a permit application (contact the appropriate regional permit administrator, or refer to our Permits webpage for more information), or you want to make your business greener, partnering with DEC early in the process is the best way to benefit the environment and your bottom line.
Sound environmental choices build successful businesses. Whatever your need, this is where to start.
Permit Information and Assistance
DEC can help your business grow in efficiency and in environmental stewardship by assisting you with the following:
- Determining whether you need a permit
- Obtaining a permit
- Checking the status of a pending permit
- Learning about applicable regulatory guidelines
DEC can help your business grow both in efficiency and environmental responsibility.
Recent Legislation and News
1,4-Dioxane Law
Effective December 31, 2023, personal care and household cleansing products containing 1,4-dioxane in concentrations greater than one part per million (ppm) cannot be sold or offered for sale in New York State. Additionally, cosmetic products containing 1,4-dioxane in concentrations greater than ten ppm cannot be sold or offered for sale in New York State. 1,4-dioxane is a synthetic chemical that can be found in some personal care and household cleansing products. The statute requires the Department, in consultation with the Department of Health, to review the trace concentration amounts of 1,4-dioxane listed above to determine if the acceptable amounts should be lower. Learn more about the 1,4-dioxane law.
Mercury in Cosmetics and Personal Care Products Law
Effective June 1, 2023, under the Mercury in Cosmetics and Personal Care Products law, no person shall sell or offer for sale any cosmetic product or personal care product containing mercury, other than in trace amounts identified by the Department, in regulations. Mercury is a substance that accumulates in the body with prolonged exposure and is easily absorbed by the skin, giving rise to numerous adverse effects. The Department is currently considering steps it will take to implement this law.
Toxic Chemicals in Children's Products Law
Effective January 1, 2023, the Toxics in Children’s Products law prohibits the sale of children's products containing intentionally added benzene, asbestos, or tris(1,3-dichloro-2-propyl) phosphate in New York State. ECL 37-0905 requires DEC to promulgate a list of Chemicals of Concern (COC) and authorizes DEC to add to the list of High Priority Chemicals (HPC). These lists will set forth the chemicals that must be disclosed if present in children's products sold or distributed in New York State. DEC is currently in the process of developing a rule to implement portions of this law.
Prohibition on Intentionally Added PFAS in Food Packaging
Effective December 31, 2022, under the PFAS in Food Packaging law , no person shall distribute, sell, or offer for sale in New York State, food packaging containing per- and polyfluoroalkyl substances (PFAS) as intentionally added chemicals. PFAS are a family of man-made chemicals that are used in many products to provide stain resistance, water and oil repellency, and other properties. The prohibition of PFAS in food packaging applies to food packaging with intentionally added PFAS, as described in section 37-0203 of the Environmental Conservation Law (ECL).
Prohibitions on Coal Tar-Based Pavement Sealers
Effective November 8, 2022, pavement products containing coal tar can no longer be sold or offered for sale in New York State. Effective November 8, 2023, no person shall apply a pavement product that is labeled as containing coal tar on a driveway or parking area in New York State. Coal tar-based pavement sealers contain benzo(a)pyrene and other polycyclic aromatic hydrocarbons (PAHs) that have been identified as carcinogens by the US Department of Health and Human Services National Toxicology Program and other government entities. Learn more about the prohibitions on Coal Tar-Based Pavement Sealers.
Environmental Audit Incentive Policy
Commissioner Policy 59- Environmental Audit Incentive (PDF) encourages regulated entities to audit their operations and adopt effective approaches to prevent violations, such as using environmental management systems and pollution prevention techniques. This will improve compliance with environmental laws statewide, and protect public health and the environment.
CP-59 reduces or waives penalties for violations that are discovered and disclosed voluntarily, and for violations discovered during pollution prevention or compliance assistance.
New Owners - If you are acquiring a business, the policy includes special provisions to encourage new owners to disclose violations discovered during acquisition.
Greening Your Business
Businesses face many challenges, but greening yours shouldn't be one of them. Improve your bottom line and incorporate sustainability into your everyday business practices.
DEC collaborates with the New York State Pollution Prevention Institute. NYSP2I offers unparalleled capabilities in remanufacturing, polymer processing, toxics reduction, resource conservation, and environmental engineering.
Source reduction is any activity that prevents the creation of solid waste at the point of generation. DEC offers tips to help your business operate successfully using source reduction techniques.
Your business may also be interested in the New York State Green Procurement Program (link leaves DEC's website). It develops specifications and provides guidance for state agencies, public authorities and public benefit corporations to purchase green products and services.
For product packaging, you will want to make sure you are familiar with New York State's Hazardous Packaging Law.
Air Regulations for Small Businesses
DEC provides Assistance with Air Regulations for Small Businesses.
There is new Rulemaking on Solvent Cleaning Processes and Industrial Cleaning Solvents under Part 226. Please refer to this fact sheet (PDF to learn about pollution prevention tips related to hazardous waste and air quality.
Waste Management and Beneficial Use Determinations
Additional resources are available to help businesses regarding solid waste, solid waste management facilities, and beneficial use determinations (BUDs). It is also necessary for businesses to know what steps to take regarding waste management, composting, and recycling.
In 2019, NYS passed the Food Donation and Food Scraps Recycling law. Effective January 1, 2022, businesses who waste large quantities of food (defined as generating an annual average of two tons per week or more) must donate excess edible food and recycle all remaining food scraps if they are within 25 miles of a food scraps recycler (composting, anaerobic digestion, etc.) Examples of these large generators are grocery stores, restaurants, hotels, colleges, event centers, etc.
DEC encourages businesses, no matter the size, to evaluate the amount of wasted food and food scraps they generate and to rethink how they may reduce, donate and/or recycle this food. Learn more about wasted food and food scraps management for businesses.
Recycling for Businesses
DEC provides additional information regarding recycling for businesses. Topics include:
- PFAS in Food Packaging,
- the NYS Hazardous Packaging Act,
- Practical Source Reduction Tips for Business, and
- Beneficial Use Determinations (BUDs).
Contracting with DEC
DEC contracts for commodities and services that are needed to fulfill its mission, including promoting Minority and Women-Owned Businesses (M/WBE). DEC also contracts to provide state and local assistance funding to eligible recipients.
Additional Resources
DEC's Bureau of Waste Reduction and Recycling provides publications to assist small businesses and recommends practical source reduction tips for businesses. Meanwhile, the state's New York Business Express (leaves DEC website) offers additional guidance.
