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New York Hazardous Waste Determination: What you need to know

Governing Law and Regulations

Identification and classification of hazardous waste: 6 New York Codes, Rules, and Regulations (NYCRR) 360-1.3(a)(2)(ii)(d), 6 NYCRR 371 and Appendices

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Exclusions:

Solid waste exclusions: 6 NYCRR 371.1(e)(1)

Hazardous waste exclusions: 6 NYCRR 371.1(e)(2)

Regulatory Agency

New York State Department of Environmental Conservation (DEC) Office of Remediation and Materials Management Division of Solid and Hazardous Materials Bureau of Hazardous Waste Regulation Hazardous Waste Program

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York follows the majority of federal regulations for identifying and classifying hazardous waste. However, the state's provisions are more stringent because New York has not adopted all of the federal exclusions from hazardous waste regulation and has, in several instances, limited the availability of exclusions.

In addition to following the federal list of hazardous wastes, New York regulates state waste containing certain quantities of polychlorinated biphenyls (PCBs) as listed hazardous wastes. See the state section LISTED WASTES for more information.

Administration and enforcement. DEC's Bureau of Hazardous Waste Regulations administers and enforces the state's hazardous waste determination rules.

State Requirements

EXCLUSIONS

New York has adopted many, but not all, of the federal exclusions from the definitions of solid waste and hazardous waste. In some instances, the state has modified or limited the federal exclusion to address the state's environmental concerns.

Solid Waste Exclusions

6 NYCRR 371.1(e)(1)

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State Requirements

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New York Hazardous Waste Determination Resources

Hazardous Waste Determination Products

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