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Rulemaking - Universal Waste Revisions

The Universal Waste (UW) Rule, 6 NYCRR Subpart 374-3 (link leaves DEC's website), is a set of reduced requirements for certain commonly generated hazardous wastes. Handlers may choose to manage eligible wastes under the UW Rule or under ordinary hazardous waste regulations. DEC is proposing to add three new waste streams to this rule to streamline their management requirements and support recycling initiatives.

DEC is considering the adoption of the following hazardous wastes to the UW Rule:

  • Aerosol Cans: DEC is considering adding aerosol cans to the state UW Rule to mirror the addition of this category to EPA's universal waste regulations. An "aerosol can" is a non-refillable steel or aluminum container that is designed to be hand-held, has contents under pressure and is solely designed to expel a liquid, paste, or powder that is ejected by a gas. For more information about these revisions see the DEC Rulemaking - Adding Aerosol Cans to the Universal Waste Rule page.
  • Paint Waste: DEC is considering adding postconsumer paint defined as interior and exterior architectural coatings. It includes but is not limited to primers, sealers, resin (single component), lacquers, latex, and water-based paint to the UW Rule. For more information about these revisions see the DEC Rulemaking - Adding Paint to the Universal Waste Rule page.
  • Solar Panels: By incorporating solar panel waste into the UW Rule, DEC hopes to make it easier to collect, transport, and recycle this type of waste and divert it from landfills.

More information on the current UW regulations may be found on DEC's Universal Waste webpage.

Request for Comment

Please give your feedback on the above considerations to DEC by sending your comments or suggestions by:



NYS Department of Environmental Conservation
RCRA Compliance and Technical Support Section
625 Broadway
Albany, NY 12233-7256

If you have additional questions about these possible revisions to the UW Rule, please call (518) 402-8652.

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