New York Delisting Petitions: What you need to know

Governing Law and Regulations

Identification and listing of hazardous waste: New York Environmental Conservation Law (ECL) 27-0903

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State listed wastes: 6 New York Codes, Rules, and Regulations (NYCRR) 371.4(e)

Rulemaking petitions: 6 NYCRR 370.5

Variances: 6 NYCRR 370.3

General requirements: 6 NYCRR 370.3(a)(2)

Sufficiency: 6 NYCRR 370.3(a)(3)

Hearing: 6 NYCRR 370.3(a)(4)

Petition to add testing/analytical method: 6 NYCRR 370.3(b)

Petitions to exclude a waste: 6 NYCRR 370.3(c)

Partial delisting: 6 NYCRR 370.3(c)(10)

Treatment, storage, and disposal facilities (TSDFs): 6 NYCRR 370.3(c)(2)

Coded wastes: 6 NYCRR 370.3(c)(3)

Samples: 6 NYCRR 370.3(c)(7)

Fee waiver: 6 NYCRR 483.5

Regulatory Agencies

New York Department of Environmental Conservation (DEC) Office of Remediation and Materials Management Division of Solid and Hazardous Materials

U.S. Environmental Protection Agency (EPA) Region 2

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York has adopted the federal Resource Conservation and Recovery Act's (RCRA) list of hazardous wastes and added some additional state-only listed wastes. Waste generators may petition the Department of Environmental Conservation (DEC) to have one or more of these state listed wastes exempted from regulation at a particular facility. New York refers to these petitions as variances. For information on listed wastes, see the state section LISTED WASTES.

New York also allows generating treatment, storage, and disposal facilities (TSDFs) to petition to delist certain state wastes and allows petitions seeking to add wastes to regulation as hazardous wastes.

If a waste cannot be ...

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State Requirements

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New York Delisting Petitions Resources

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