Proposed Regulations Available for Public Comment
Subpart 352-1 1,4 Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products
Notice is hereby given that the New York State Department of Environmental Conservation (NYS DEC) filed a Notice of Proposed Rulemaking with the New York State Department of State. This rulemaking will implement the amendments to Article 35 and Article 37 of the Environmental Conservation Law (ECL), adopted in 2019, which establish limits on the amount of 1,4-dioxane that can be present in household cleansing, personal care, and cosmetic products sold in the State.
Public Comment on the Proposed Rule Making
The public is invited to submit written comments on the proposed rulemaking through February 12, 2024.
Written comments can be submitted as follows:
- By email to [email protected] Please include "Comments on Proposed Subpart 352-1" in the subject line of the email; or
- By mail to Attention: Carmelle Sanders, NYS DEC - Division of Materials Management, 625 Broadway, Albany, NY 12233-7253.
Public Comment Hearing:
A public comment hearing for the proposed rule will be held before an Administrative Law Judge (ALJ) electronically via the Webex Events platform as follows. The electronic format is reasonably accessible to persons with impaired mobility:
Date: Tuesday February 6, 2024
Time: 1 PM
Access: To join through the internet, visit www.webex.com and click "Join a meeting."
Webinar number (access code): 161 904 0777
Webinar password: Welcome1 (93526631 from phones and video systems)
To join by phone only, dial: 1-518-549-0500
Access code: 161 904 0777
Persons wishing to comment on the proposed rule will have the opportunity to make a statement at the public comment hearing webinar. Any person wishing to provide a public statement must register in advance of the hearing no later than 1 p.m. on February 5, 2024. Any person who wishes only to observe the webinar online must also register. Any person may listen to the hearing by phone without pre-registration.
To register electronically: Persons who will login to the hearing electronically must register. To register, visit https://meetny.webex.com/weblink/register/ra212239c77eb1ceb3282079cc22f74b7. You will be asked whether you wish to make a public statement. After registration is complete, you will receive a confirmation by email with information about how to join the hearing.
On the appropriate date and time of the hearing, participants should visit https://www.webex.com, click "Join a meeting" at the top right-hand corner of the screen, and input the appropriate event number for the hearing. Participants will be asked to "select audio system." It is recommended that participants choose to have the system "call me" or "call using computer." The "call me" option will require participants to enter their phone numbers.
To register by telephone: Any person who is not able to login electronically may participate by telephone. Call-in participants must register to speak in advance by calling the Department at 518-402-9003 no later than February 5, 2024. Please provide your first and last name, address, email address if any, and telephone number and reference the Subpart 352-1 public comment hearing.
On the day and time of the hearing, use the phone access phone number, (518) 549-0500, and the appropriate access code listed above to join the hearing.
All participants will be muted upon entry into the hearing. The ALJ will call each person who has requested to provide a statement to speak. Speakers will be called in the order they registered, with elected officials being called first. The ALJ will continue the hearing until everyone wishing to speak has been heard or other reasonable arrangements have been made to include their comments in the record. Reasonable time limits may be set for each speaker as necessary to afford all participants an opportunity to be heard. We also recommend that lengthy comments be summarized for oral presentation and submitted in writing as provided above. The hearing will be recorded for inclusion in the record.
The Department will provide interpreter services for hearing impaired persons, and language interpreter services for individuals with difficulty understanding or reading English, at no charge upon written request submitted no later than January 24, 2024. The written request must be addressed to ALJ MacPherson, NYS DEC Office of Hearings and Mediation Services, 625 Broadway, 1st Floor, Albany, NY 12233-1550 or emailed to ALJ MacPherson at [email protected].
Environmental and Regulatory Impact Review
NYSDEC has determined that the proposed rulemaking will not have a significant adverse environmental impact. NYSDEC has prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis and a Job Impact Statement, in accordance with the State Administrative Procedures Act.
Copies of the documents for the proposed rulemaking are available by contacting the NYSDEC.
Contact: New York State Department of Environmental Conservation, 625 Broadway, 9th Floor, Albany NY 12233-7254, ATTN: Rebecca Vaughan, Phone: (518) 402-8678, E-mail: [email protected].
Proposed Regulations Pending (Public Comment Period Closed)
None at this time.
Under Consideration for Future Rulemaking
Parts 360 and 363
DEC held a virtual stakeholder meeting on June 7, 2023 to share initial concepts and to seek feedback feedback on regulatory changes being considered for Municipal Solid Waste landfill leachate management. A recording of the meeting is available for review. Questions and comments posted to the chat during the meeting are embedded in the recording. A transcript of the meeting is also included in the recording. Note that the transcript is auto-generated by the webinar software and may not be completely accurate.
DEC received several requests to extend the period for providing feedback. As noted during the June 7, 2023 stakeholder webinar, DEC has not yet formally proposed revisions to a rule, and is now seeking information to include in a rulemaking proposal, and as such, June 28, 2023 is not a formal deadline for receipt of feedback. The Department intends to move forward with the rulemaking process with a goal of issuing a proposed rule before the end of 2023. To the extent it can be based on timing, the Department will consider all feedback received as it moves forward with an initial proposed rule. Any initial feedback received that due to timing of receipt cannot be incorporated into a proposed rule may be considered as comments on a formally proposed rule. To that end, please send whatever feedback you can as soon as you can, and do not hesitate to send additional feedback after June 28, 2023.
Adoption of Draft Program Policy 7 - Biosolids Recycling in New York State - Interim Strategy for the Control of PFAS Compounds
Adopted September 20, 2023, Effective October 20, 2023. Materials Management Program Policy 7 - Biosolids Recycling in New York State - Interim Strategy for the Control of PFAS Compounds (DMM7) establishes interim PFOS and PFOA criteria for biosolids that are recycled in New York State and actions that will be taken by DEC based on those results. This interim policy will remain in place until EPA issues risk-based standards applicable to biosolids that will be recycled, and DEC completes a rulemaking to incorporate those standards, or more stringent standards if deemed appropriate.
Adopted June 7, 2023, Effective July 22, 2023. The revisions include technical amendments and clarifications, as well as updated criteria needed due to legal and policy developments. Part 371 addresses the identification and listing of hazardous wastes. Errors in cross-referencing have been corrected in Part 377.
Adoption of Part 350, Food Donation and Food Scraps Recycling
New York State Department of Environmental Conservation (NYSDEC) has adopted Rulemaking 6 NYCRR Part 350. The regulations will implement the requirements outlined in the Food Donation and Food Scraps Recycling Law enacted in 2019. The law took effect on January 1, 2022 and requires large generators of food scraps to donate excess edible food and recycle all remaining food scraps if they are located within 25 miles of an organics recycler.
Adoption of Part 351, Plastic Bag Reduction, Reuse, and Recycling
The rule sets forth the requirements of Titles 27 and 28 of Article 27 of the Environmental Conservation Law with respect to the prohibition on the distribution of film plastic bags; allowable reusable bags; and the recycling of film plastic by stores. The regulations also address the related requirements for manufacturers. The rule went into effect March 14, 2020.
Adoption of Part 353 - Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction
New York State Department of Environmental Conservation (DEC) has adopted 6 NYCRR Part 353. This rule sets forth the requirements of Title 30 of Article 27 of the Environmental Conservation Law with respect to the prohibition on expanded polystyrene foam containers and loose fill packaging; financial hardship waiver application process; cost comparison analysis for alternative packaging; definition of the terms "comparable cost" and "undue financial hardship;" and hardship waiver approval, renewal, and revocation criteria. The rule went into effect April 14, 2022.
Adoption of Final Rule: 6 NYCRR Parts 360-366 and 369, Solid Waste Management Part 360 Series Clarifications - Effective date: November 4, 2017
Parts 360-366 and 369, Solid Waste Management - The Department has compiled Part 360 Series Clarifications in order to explain and clarify the current Part 360 regulations. In addition, Enforcement Discretion Letters were issued that address certain provisions of the Part 360 regulations. These letters are in effect until either May 3, 2024 or until an amendment to the present rule is promulgated, whichever is earlier