New York Universal Wastes regulations & environmental compliance analysis

New York Universal Wastes: What you need to know

Governing Law and Regulations

Universal waste rule: 6 New York Codes, Rules, and Regulations (NYCRR) 374-3

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Mercury-added consumer products: New York Environmental Conservation Law (ECL) 27-2101 to 27-2117

Definitions: ECL 27-2101

Labeling: ECL 27-2103

Disposal: ECL 27-2105

Exemptions: ECL 27-2113

Regulatory Agency

New York Department of Environmental Conservation (DEC) Division of Environmental Remediation Hazardous Waste Management Program

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York has adopted the federal regulations for universal wastes that were in effect before the federal revisions in August 2005 that added hazardous waste mercury-containing equipment to the list of materials regulated under the federal universal waste rules. However, it is the New York Department of Environmental Conservation's (DEC) policy to follow and enforce the federal mercury-containing equipment regulations until they are officially included in the state's universal waste regulations. In 2005, New York added statutes regulating the management of "mercury-added consumer products" in the state. Some of the products covered by the 2005 state statutes (referred to by the DEC as the Mercury-Added Consumer Products Law) can also be regulated as universal wastes. Although these statutes state that the DEC must promulgate regulations to provide for the proper storage, recycling, and disposal of the mercury-added consumer products, such regulations have not yet been issued. Insofar as the requirements of the 2005 statutes are somewhat vague, handlers of these products should seek guidance from the DEC.

In terms of managing lamps, the state's universal waste rules may be an attractive ...

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