Solid Waste Management Regulatory Revisions
Proposed Regulations Available for Public Comment
None at this time.
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 (link leaves DEC website) 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.
View Presentation Slides (PDF, 1.7MB)
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.
Recent Adoptions
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.
Adoption of Parts 360-366, 369, 371, and 377
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
More about Solid Waste Management Regulatory Revisions:
- Adopted Part 353 - Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction - This rule addresses 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.
- Adopted Part 350, Food Donation and Food Scraps Recycling - The Department has adopted 6 NYCRR Part 350 to implement the Food Donation and Scraps Recycling Law
- Adopted Part 368, Product Stewardship and Product Labeling - Repeals and replaces the prior regulations for Recycling Emblems, develops regulations for mercury-added consumer product labeling and develops regulations for the Electronic Equipment Recycling and Reuse Act (EERRA)
- Adopted Part 351, Plastic Bag Reduction, Reuse, and Recycling - DEC has adopted 6 NYCRR 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; the recycling of film plastic by stores; and related requirements for manufacturers.
- Parts 360-366 and 369, Solid Waste Management - The Department has compiled Part 360 Series Clarifications in order to explain and clarify the recently revised Part 360 regulations. Two Enforcement Discretion Letters were signed on September 19, 2019 that address provisions of the Part 360 regulations. These letters replace previous Enforcement Discretion Letters issued on January 25, 2019 and October 10, 2018 and are in effect until either May 3, 2021 or until an amendment to the present rule is promulgated, whichever is earlier.
- Adopted Parts 360-366, 369, 371, 377 - 6 NYCRR Proposed Parts 360-366, 369, 371, 377
