New York Plans RCRA Overhaul for 2021

Posted on 1/18/2021 by Roger Marks

As you know if you read Lion News every week, thirty-two states have now adopted major changes to the hazardous waste generator regulations in US EPA’s RCRA Generator Improvements Rule.

The Generator Improvements Rule includes mandatory provisions that make the RCRA regulations more stringent, and which all states must adopt—including New York. 

Earlier this month in the NY State Register, NYSDEC published its annual Regulatory Agenda of rulemakings that may be proposed for adoption within the calendar year.

The state is preparing to adopt major updates to the hazardous waste rules in 6 NYCRR 370—376. While these two rulemakings don’t yet have target dates for completion, generators should prepare for these forthcoming regulations now.

Generator Improvements & Other RCRA Updates

New York hazardous waste rule project FedReg6, will “incorporate Federal rules that were adopted between July 31, 2013 and the present. The rulemaking will incorporate new regulations for:
  • EPA’s Generator Improvements Rule  
  • Recycling of hazardous materials;
  • electronic hazardous waste manifests (e-Manifests); and
  • management of Hazardous Waste Pharmaceuticals (HWP).
Other Federal RCRA updates that FedReg6 may address include changes to the ignitability test methods and include changes for managing air bags and aerosol cans.

NYSDEC also states that the rule may include some state-initiated changes impacting secondary containment for liquid hazardous wastes and management of used oil, paint waste, and solar panels.

Universal Waste: Aerosol Cans and Paint

A second rulemaking slated for consideration in 2021 is a rule to add aerosol cans and paint to New York’s universal waste program. US EPA added aerosol cans to the list of universal wastes in 2020.

The Federal RCRA regulations list five types of universal waste: Lamps, batteries, mercury-containing equipment, certain pesticides, and aerosol cans.

Some states allow generators to manage additional items as universal waste. Ohio added paint and paint-related waste, antifreeze, and aerosol cans to its state universal waste program in 2018, for example. More recently, California added solar panels to its state universal waste program.

Both forthcoming regulations appear on page 86 of New York’s 2021 Regulatory Agenda.

RCRA Training for New York Professionals

Be ready when the new RCRA Rules take effect in New York!

The RCRA Hazardous Waste Management Webinar covers new rules that generators must know, including:
  • New marking/labeling rules for containers
  • New EPA notification and re-notification requirements
  • Expanded contingency planning requirements
Plus, learn how to capitalize on new reliefs available under the updated Federal regulations concerning episodic hazardous waste events (e.g. spills, lab cleanouts) and very small quantity generator sites.

On March 17, build confidence to manage compliance with unique, only-in-New-York rules for universal waste, used oil, PCBs, and more when Lion presents the New York Hazardous Waste Management Webinar.  

Tags: hazardous waste management, New York

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