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Hazardous Waste Management, Draft Regulations for Consideration

Draft Revisions

Draft for Public Consideration: Hazardous Waste Management Regulations

DEC is seeking public comment on draft revisions to the hazardous waste management regulations (6 NYCRR Parts 370-374 and 376)

Certain Federal Changes from January 2002 through April 2012; Federal Maximum Achievable Control Technology (MACT) Rules from 1999 to 2008; and State-Initiated Changes

  • Consolidated rule making will adopt changes to the hazardous waste regulations from 1999 to 2012.
  • In 2009, DEC conducted an Initial public outreach of the potential amendments to the Hazardous Waste Management regulations. Comments received during the comment period were taken into consideration in the drafting of these proposed regulations.
  • Hazardous waste management regulations are being initially released as a "Draft for Consideration" (DFC) to provide opportunities for public participation in the rule making process by informing stakeholders about the amendments; identify any major issues to be addressed; and allow DEC to obtain informal public comments before the draft regulations are formally proposed and published in the Department of State's State Register.

Federal Rules

Thirty-seven (37) federal rules are proposed to be included in this rule making. These rules were adopted federally from January 2002 through April 2012. The June 26, 2014 Cathode Ray Tube Export rule is also included in this rule making. List of federal rules with brief descriptions (PDF) (47 KB)

The State is mandated by ECL 27-0900 to adopt regulations at least as stringent as the United States Environmental Protection Agency's (EPA) hazardous waste regulations. Also, as an authorized state for the management of the hazardous waste management program in lieu of the EPA, the State must adopt regulations at least as stringent as EPA's hazardous waste regulations.

A number of federal rules have major components which decrease regulatory stringency. The State is not mandated to adopt these changes and a number of rules will not be adopted in their entirety. In general, the federal changes that the Department plans proposes to adopt decrease regulatory stringency work, but improve the management of hazardous waste while still being protective of human health and the environment.

State Initiatives

In addition, since the last major rule making was completed in 2005, a number of issues have been discovered in the State regulations. To address these issues, the Department is proposing approximately 80 changes to provide clarifying language and to correct errors. Some of these State-initiated changes will make certain regulations less stringent, but will improve management of these waste streams or processes, while maintaining protection of public health and the environment. List of State-initiated changes and correction of errors (PDF) (81 KB). This list may grow as reviewers of these proposals bring other needs to light. The list includes approximately 80 items.

Draft For Public Consideration - Express Terms

Preliminary Public Outreach: Revisions to Federal Regulations from July 2013 through December 2014; State-Initiated Revisions to Subpart 374-2 Used Oil Management Standards

Since 2012, United States Environmental Protection Agency (EPA) has published some major regulation changes that DEC is considering adopting. In this "initial public outreach," DEC is seeking comments on the proposal to adopt the following EPA rules:

  • Solvent Contaminated Wipes Rule - EPA's July 31, 2013 rule revises the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused and revises the definition of hazardous waste to conditionally exclude solvent-contaminated wipes that are disposed.
  • Carbon Dioxide Sequestration Rule - EPA's January 3, 2014 Carbon Dioxide Sequestration Rule provides a conditional exclusion for carbon dioxide (CO2) streams in geological sequestration activities. This rule would conditionally exclude CO2 streams that are hazardous waste from the definition of hazardous waste, if they are captured from emission sources and are injected into Class VI Underground Injection Control wells for geological sequestration, provided that certain requirements are met.
  • Hazardous Waste Electronic Manifest (e-Manifest) Rule - EPA's e-Manifest Rule provides the legal and policy framework to authorize the use of electronic manifests. The e-Manifest system will go into effect through out the United States at the same time, whether or not authorized states have amended their regulations.
  • EPA's 2008 Definition of Solid Waste Rule, as amended in January 2015 redefines "hazardous secondary materials." It streamlines regulation of hazardous secondary material to encourage beneficial recycling and help conserve resources. By removing unnecessary regulatory controls, it is expected to make it easier and more cost-effective to safely recycle hazardous secondary materials. EPA published substantial revisions to this rule on January 13, 2015. As amended, the rule provides greater safeguards from mismanagement. Certain parts of the 2015 Final Rule are more stringent than current DEC regulations. DEC must adopt these provisions, which include a revised definition of "legitimate recycling," a prohibition on sham recycling, and new recordkeeping requirements related to speculative accumulation provisions.
  • Amendments to DEC's Used Oil Management Regulations (6 NYCRR Subpart 374-2). DEC is considering whether or not to continue to require Petroleum Bulk Storage (PBS) registration for certain small used oil tanks for which PBS registration is not otherwise required; whether to amend the used oil collection center requirements to allow entities collecting used oil in small volumes to obtain a Part 360 registration and more closely follow EPA requirements in lieu of obtaining a Part 360 permit; and whether to replace the current vehicle-to-vehicle exemption and 10-day exemption with a Part 360 registration requirement. Changes in time requirements for record retentions to more closely follow EPA requirements are also being considered.

Submit Written Comments on these Regulatory Initiatives

The public is invited to submit written comments on these regulatory initiatives through Monday, April 6, 2015 by:

  • Email: HWRegs@dec.ny.gov (Include "Comments on Regulatory Initiatives" in the subject line of the email) or
  • Mail: Michelle Ching; NYSDEC; 625 Broadway, Albany, NY 12233-7020

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