[US] NY Proposes New Hazardous Waste Management Regulations

The New York State Department of Environmental Conservation (NYSDEC) has proposed revisions to 6 NYCRR Part 370 series of the NY Hazardous Waste Management Regulations, which includes State statutory requirements and Federal Resource Conservation and Recovery Act Subpart C requirements.

Regulations to be at least as stringent as federal hazardous waste regulations

New York State is mandated to adopt regulations that are at least as stringent as federal hazardous waste regulations. The proposed rules would incorporate federal rule changes that were made between January 2002 through April 2012 and the amendment to the Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Maximum Achievable Control Technology rules).

The June 26, 2014 federal Cathode Ray Tube Export rule is included in this rulemaking. The proposed rules would also implement State-initiated changes, including clarified language and corrected errors found in the regulations.

NYSDEC seeking comments : Live webinar to be hosted on February 25

In addition to these proposed changes, the NYS DEC is also seeking comments on a rulemaking initiative to consider adopting the United States Environmental Protection Agency regulations regarding the :

  • (1) Solvent-Contaminated Wipes Rule;
  • (2) Carbon Dioxide Sequestration Rule;
  • (3) Electronic Manifest Rule;
  • (4) 2008 Definition of Solid Waste Rule, as amended in December 2014;
  • (5) possible changes to the State’s Used Oil Management regulations in 6 NYCRR Subpart 374-2.

The NYSDEC has issued a Draft for Public Consideration for these proposed rules and will be hosting a live webinar on February 25, 2015, as well as a public information meeting on March 10, 2015 in Albany. A formal public comment period will be provided later in 2015 once the regulations are officially proposed. Written comments regarding the Preliminary Draft for Public Consideration will be accepted by NYSDEC until Monday, April 6, 2015.

Red-on-line EHS Legal Expert

Sources:

New York State Department of Environmental Conservation Environmental Notice Bulletin, February 4, 2015.

6 NYCRR Parts 370-373, 376 and Subparts 374-1 and 374-3 Draft for Public Consideration, February 4, 2015.