Hazardous Waste Management Regulatory Revisions
The State is mandated by ECL 27-0900 to adopt regulations that are at least as stringent as the United States Environmental Protection Agency's (EPA) hazardous waste regulations. The State is also required to adopt regulations that are at least as stringent as EPA's hazardous waste regulations because New York is authorized to administer the hazardous waste management program in lieu of the EPA. Because New York is an authorized state, DEC must evaluate the rules that EPA promulgates.
DEC is currently working on the "FedReg6" rulemaking. This rulemaking package contains certain federal rules promulgated since 2012 and several state-initiated changes. This rulemaking includes the Definition of Solid Waste Rule, the Hazardous Waste Generator Improvements Rule, the Airbags Rule, and the Hazardous Waste Pharmaceuticals Rule. This rulemaking will also contain State-initiated revisions including the addition of solar panels to New York State's Universal Waste Rule, and new secondary containment and closure requirements for liquid hazardous waste.
Recently Adopted Hazardous Waste Regulations
Universal Waste Rulemaking - Parts 370, 371, 373, 374 and 376
The new Universal Waste Rule provisions for aerosol cans and paint were published in the State Register on May 24, 2023 (link leaves DEC website). These regulations will be effective and available for use by the regulated community on July 8, 2023. You can find more information about the new regulations, including a summary of the new universal waste standards for aerosol cans and paint and rulemaking background documents, on the Recently Adopted Hazardous Waste Revisions page.
The revisions include the provisions of EPA's Aerosol Cans Rule (2019) and designate hazardous waste paint as a universal waste to support New York's new paint take back program. The revisions to Parts 370, 371 and 373 add definitions and updates cross references, and the revisions to Subpart 374-3 add management, transportation and disposal standards for universal waste aerosol cans and paint.
Revisions Under Consideration
FedReg 6 Rulemaking - Revisions to Federal Regulations from July 2013 through July 2020
Since 2012, the United States Environmental Protection Agency (EPA) has published some major regulation changes that DEC is considering adopting. DEC is seeking comments on potential revisions to the New York State hazardous waste management regulations to adopt the following EPA rules:
- Solvent Contaminated Wipes Rule (2013)
- Carbon Dioxide Sequestration Rule (2014)
- Hazardous Waste Electronic Manifest (e-Manifest) Rules (2014; 2018)
- EPA's 2008 Definition of Solid Waste Rule (As amended in 2015)
- Disposal of Coal Combustion Residuals from Electric Utilities (2015)
- Hazardous Waste Export-Import Revisions (2016; 2017)
- Hazardous Waste Generator Improvements Rule (2016)
- Safe Management of Recalled Airbags Rule (2018)
- Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine Rule (2019)
- Modernizing Ignitable Liquids Determinations (2020)
In addition to federal updates, DEC is also considering the following revisions:
- Adding solar panels to the Universal Waste Rule
- Updating secondary containment and closure requirements for storage of liquid hazardous waste
- Adding a three day staging period for recycling under the "no prior storage" provisions
- Adding cold crushing of used oil filters as an acceptable oil filter draining method
For more information, see the Hazardous Waste Revisions Under Consideration webpage located in the menu on the left-hand side of this page.
Submit Written Comments on These Regulatory Initiatives
DEC is interested in information, data, and comments about any issues or concerns with this regulatory initiative. Please submit all information, data, or comments by:
Email: [email protected] (Include "Comments on Regulatory Initiatives" in the subject line of the email)
RCRA Compliance and Technical Support Section
Albany, NY 12233-7256