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Hazardous Waste Regulations and Upcoming Changes

An updated Hazardous Waste Management Guide for Small Businesses in New York (PDF, 966 KB) is now available!

DEC's hazardous waste management program helps prevent generation of industrial hazardous wastes. The comprehensive regulatory regime advances control and treatment of hazardous wastes that are a necessary by-product of commerce and industry.

The Federal RCRA program is continually modified to incorporate technical changes for managing hazardous wastes. In turn, New York's hazardous waste management regulations must be updated to reflect the Federal changes in this evolving program. New York's hazardous waste management regulations are in 6 NYCRR Parts 370, 371, 372, 373, 374, and 376 (link leaves DEC website. These regulations are also referred to as the "Part 370 Series."

Recent Changes

In April 2020, DEC adopted provisions that incorporated federal rules from January 2002 to April 2012; changes related to Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Maximum Achievable Control Technology rules, also referred to as MACT standards) from September 1999 to April 2008; and State-initiated changes, including clarification of language and corrections of errors found in the regulations. The June 26, 2014 Cathode Ray Tube Export rule was also included in this rulemaking. Amendments to Parts 370-373, 376 and subparts 374-1 and 374-3 are included in this rulemaking, which is referred to as FedReg5.

The FedReg5 rulemaking package was adopted on March 4, 2020 and will be effective on April 19, 2020. See the Recently Adopted Hazardous Waste Regulations webpage for more information and access to the proposed rulemaking documents.

Revisions Being Considered

DEC also sought comments on a rulemaking initiative to consider adopting the United States Environmental Protection Agency regulations adopted in 2013 and 2014. This rulemaking package includes the Solvent-Contaminated Wipes Rule, Carbon Dioxide Sequestration Rule, Electronic Manifest Rule, 2008 Definition of Solid Waste Rule (as amended in January 2015), Hazardous Waste Generator Improvements Rule, Airbags Rule, Hazardous Waste Pharmaceuticals Rule, adding aerosol cans and paint waste to the Universal Waste Rule, and possible State-initiated changes to the New York's Used Oil Management regulations (6 NYCRR Subpart 374-2). This rulemaking is referred to as FedReg6.

DEC is currently drafting the FedReg 6 rulemaking package. See the Hazardous Waste Revisions Under Consideration webpage for more information on this rulemaking initiative.

Current State and Equivalent Federal Hazardous Waste Management Regulations

State Regulation

(6 NYCRR)

The links below leave DEC's website.

EPA Regulation

Code of Federal Regulations (40 CFR)

Description
Part 370 Part 260 Hazardous Waste Management System: General
Part 371 Part 261 Identification and Listing of Hazardous Waste
Part 372 Part 262 Standards Applicable to Generators of Hazardous Waste
Part 372, Part 364 Part 263 Standards Applicable to Transporters of Hazardous Waste
Subpart 373-1, Part 621, Part 624 Parts 270/124 Hazardous Waste Treatment, Storage and Disposal Facility Permitting Requirements; Uniform Procedures (Part 621) and Permit Hearing Procedures (Part 624)
Subpart 373-2 Part 264 Final Status: Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
Subpart 373-3 Part 265 Interim Status: Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
Subpart 374-1 Part 266 Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities
Subpart 374-2 Part 279 Standards for the Management of Used Oil
Subpart 374-3 Part 273 Standards for Universal Waste Management
Subpart 374-4 no equivalent Standards for the Management of Elemental Mercury and Dental Amalgam Wastes at Dental Facilities
Part 376 Part 268 Land Disposal Restrictions and Treatment Standards

NOTE: Subpart 373-4, Facility Standards for the Collection of Household Hazardous Waste and Hazardous Waste from Conditionally Exempt Small Quantity Generators, was repealed and replaced with Subpart 362-4, Household Hazardous Waste Collection Facilities and Events; Effective November 4, 2017.


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    Division of Materials Management
    Bureau of Hazardous Waste and Radiation Management
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