Hazardous Waste Management
The New York State Department of Environmental Conservation (DEC) is authorized to implement the Resource Conservation and Recovery Act (RCRA) program for New York State in lieu of the United States Environmental Protection Agency (EPA). As an authorized agency, DEC adopts and enforces regulations, issues permits, conducts inspections, provides technical assistance, and gathers and processes data related to hazardous waste management in New York.
DEC's hazardous waste management program promotes sound waste management practices and helps minimize the generation of industrial hazardous wastes. This comprehensive regulatory framework supports the management and treatment of hazardous wastes that are common by-products of commerce and industry.
Hazardous Waste Regulations - As an authorized agency, DEC must enact State laws and regulations that are at least as stringent as federal laws and regulations. When major regulatory changes occur, DEC must be reauthorized by EPA to implement that updated program.
Additional information about new and upcoming revisions to the hazardous waste regulations.
Hazardous Waste Guidance - DEC has developed various regulations, policy documents, technical and administrative guidance memorandums (TAGMs), and enforcement discretion letters to help the regulated community understand which regulations are effective in New York State and how to comply with the State statutory and regulatory requirements for hazardous waste management.
Manifest Program - Hazardous waste is tracked using a cradle-to-grave approach. This means that the entities handling a particular shipment of hazardous waste must use and be identified on a hazardous waste manifest document to track the shipment. This ensures that the hazardous waste is sent to an approved facility.
DEC and EPA also have hazardous waste manifest data available for public use. DEC data can be found on the Hazardous Waste Manifest Data page and EPA data can be found on EPA's RCRAInfo Web e-Manifest page.
Compliance Inspections - Inspection of facilities that manage hazardous waste is a DEC activity that protects human health and the environment. The inspection program is coordinated by the RCRA Compliance and Technical Support Section located at the DEC Central Office in Albany, and is implemented by trained inspectors in the nine DEC Regional Offices.
Hazardous Waste Permits - Through Part 373 permits, DEC ensures that environmentally protective design and operational standards are maintained at treatment, storage and disposal facilities (TSDFs). As a part of this permit program, it is the responsibility of DEC to review permit applications and prepare permits for all TSDFs. A facility involved in the storage or treatment of hazardous waste receives an operating permit.
A facility that is actively engaged in land disposal receives an operating permit; a closed land disposal facility receives a post-closure permit.
Corrective Action - All facilities that treat, store or dispose of hazardous waste must investigate and clean up all known or likely releases (i.e., spills) of hazardous wastes or materials with hazardous constituents. These requirements were established under the federal Hazardous and Solid Waste Amendments of 1984 (HSWA). State law was similarly amended and New York State received authorization from the EPA to implement the Corrective Action program.
Corrective Action activities are focused on solid waste management units (SWMUs). A SWMU is any unit at a facility where solid and/or hazardous waste is or was managed at facilities that are or have ever been subject to Part 373 permitting.
Financial Assurance - Hazardous waste TSDFs are required to provide financial assurance mechanisms to ensure there are adequate funds available for closure, post-closure and corrective action activities to protect human health and the environment when a TSDF ceases operations. Facilities must also provide liability coverage for bodily injury and property damage to third parties caused by accidents at the facility.
Hazardous Waste Annual/Biennial Reports- Certain hazardous waste generators and TSDFs are required to file an annual/biennial report with DEC each year. The report on a facility's generation and management of hazardous waste during the previous calendar year is due to DEC by March 1 each year.
Assessments and Fees- Special assessments are levied on all facilities in New York that generate hazardous waste and all hazardous waste TSDFs receiving waste from offsite. Regulatory program fees are collected from waste transporters, hazardous waste generators and facilities that require hazardous waste permits.
NYS Hazardous Waste Management Electronic Mailing List
Sign up for the DEC Hazardous Waste Management Program listserv to receive email updates about the Hazardous Waste Management Program.
To sign up, use this link to subscribe to GovDelivery by entering your e-mail address. Fill in and submit the requested information on the "New Subscriber" page.
This will take you to the "Quick Subscription" page where you will see all the topics that you can receive email updates on from DEC. Scroll to the "Waste Management and Cleanup" category and check the box next to "Hazardous Waste." You will receive a welcome email from DEC confirming your subscription(s).
- Hazardous Waste Guidance - Guidance information and documents for hazardous waste management activities in New York State.
- Norlite, LLC. - This web page is to help keep the public informed and connected to Norlite's ongoing permit process, the community soil and water sampling initiative, and other state actions.
- Durez Corporation - New York State Hazardous Waste Management Permit Renewal - Durez, Niagara Falls RCRA permit documents and information
- FMC Middleport Facility - FMC's Middleport Facility is a pesticide formulation and packaging plant that formerly manufactured arsenic-based and other pesticide products.
- Indian Point Decommissioning - Indian Point Energy Center is a three-unit nuclear power plant station located in Buchanan, NY. Ownership of the property was transferred to Holtec International in May 2021. Holtec International is conducting the decommissioning process under the oversight of the Nuclear Regulatory Commission.
- Commissioner Policy 45: Procedure to Demonstrate Compliance with Financial Test Requirements - Public Notice of Draft Commissioner Policy, Procedure to Demonstrate Compliance with Financial Test Requirements of Financial Assurance Regulations for Hazardous Waste Management Facilities.
- Compliance Inspection Program for Hazardous Waste - Inspection of facilities that manage hazardous waste is a DEC activity
- Hazardous Waste Annual/Biennial Reports - Information on preparing the annual report on a facility's generation and management of hazardous waste during the previous calendar year, which is due to the DEC by March 1.
- Hazardous Waste Annual Report Training Material - This page provides step by step instructions on the proper completion of RCRA Hazardous Waste Reporting forms
- Hazardous Waste Counting Rules - Supporting information on counting of container and packaging weights.
- Hazardous Waste Management Facilities - From this page you can find information about commercial, noncommercial and interim status TSDFs, permits, facility fact sheets and the hazardous waste facility siting plan.
- Hazardous Waste Reduction Planning Program Guidance Document - Guidance Document for Hazardous Waste Reduction Plans, Annual Status Reports and Biennial Updates
- Hazardous Waste Regulations and Upcoming Changes - Information on New York State DEC's hazardous waste regulations, updates, and rulemaking initiatives.
- Management of Waste Airbags - Guidance to clarify the management requirements for waste airbags under New York State hazardous waste regulations.
- RCRA Compliance Information for Pharmacies & Retail Facilities - information on developing facility compliance plans, employee training plans, universal waste management, and reverse distribution/reverse logistics.
- Universal Waste - The Universal Waste Rule is an alternate way of managing certain common types of hazardous wastes.