Hazardous Waste Regulations and Upcoming Changes
Through education and outreach, and guided by the Federal Resource Conservation and Recovery Act (RCRA), 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 reside at 6 NYCRR Parts 370, 371, 372, 373, 374, and 376 (also referred to as the 'Part 370 Series').
Upcoming Changes
In February 2015, New York State Department of Environmental Conservation (DEC) provided a Draft for Public Consideration of revised Hazardous Waste Management regulations (6 NYCRR Part 370 Series) for comment by stakeholders. This rulemaking will incorporate, as appropriate, (1) federal rules from January 2002 to April 2012; (2) 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 (3) State-initiated changes, including clarification of language and corrections of errors found in the regulations. The June 26, 2014 Cathode Ray Tube Export rule is 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.
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, and Hazardous Waste Pharmaceuticals Rule, as well as possible changes to the State's Used Oil Management regulations (6 NYCRR Subpart 374-2). This rulemaking is referred to as FedReg6.
- The FedReg5 rulemaking package was proposed on June 12, 2019. See the Proposed Hazardous Waste Regulations webpage for more information and access to the proposed rulemaking documents.
- 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.
