New York Land Disposal Restrictions regulations & environmental compliance analysis

New York Land Disposal Restrictions: What you need to know

Governing Law and Regulations
Regulatory Agencies
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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

U.S. Environmental Protection Agency (EPA) Region 2 Office of Solid Waste

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 incorporated by reference the federal land disposal restrictions (LDRs) that were in effect as of July 1, 2002, including the Phase IV federal land disposal restrictions and best demonstrated available technology (BDAT). New York, however, has not adopted the following federal LDRs because the U.S. Environmental Protection Agency (EPA) has not delegated authority to states to implement these rules (6 NYCRR 376.1(a)(5)):

—Case-by-case extensions (40 CFR 268.5)

—No-migration variances (40 CFR 268.6)

—Equivalent method variances (40 CFR 268.42(b))

—Variances from treatment standards (40 CFR 268.44)

See LDR Exceptions in the national section LAND DISPOSAL RESTRICTIONS/LAND BAN for more information about these extensions and variances.

In addition, and unlike the federal rules, New York regulates polychlorinated biphenyl (PCB)-containing wastes as hazardous. These wastes are subject to land disposal restrictions found in the federal land disposal restrictions and in the Toxic Substances Control Act. For details, see the state sections LISTED WASTES and PCB MANAGEMENT.


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New York Land Disposal Restrictions Resources

Type Title
Checklists Treatment Facility LDR Checklist
See all Land Disposal Restrictions Resources