N.Y. Environmental Conservation Law § 27-0903: Identification and listing of hazardous waste

§ 27-0903. Identification and listing of hazardous waste.

1. The commissioner shall promulgate regulations in a manner

consistent with the state administrative procedure act, setting forth

the criteria for identification and listing of hazardous wastes. Based

on these criteria, the commissioner shall promulgate a list of hazardous

wastes (which list shall also include a sublist of acute hazardous

wastes) and shall identify hazardous waste by characteristic, in a

manner at least as stringent as promulgated by the administrator

pursuant to RCRA. The list of hazardous wastes and the identification of

hazardous waste by characteristic shall determine those hazardous wastes

which shall be subject to this title.

2. Where appropriate and consistent with the provisions of RCRA, such

regulations shall provide for exemptions from the provisions of this

title for the management of small quantities of wastes listed or

identified as hazardous when generated by research and limited use

operations.

3. The regulations setting forth the criteria for identification and

listing, and the list of, hazardous wastes subject to this title may be

amended by the commissioner from time to time as appropriate, based upon

hazardous waste conditions of particular relevance to the state. The

commissioner may promulgate the appropriately amended regulations only

upon a showing of the circumstances constituting the hazardous waste

conditions of particular relevance to this state, and then in a manner

consistent with the state administrative procedure act.

4. Uniform treatment of waste. All waste resulting from the

exploration, development, extraction or production of crude oil or

natural gas, including but not limited to drilling fluids and produced

waters, shall be considered hazardous waste under the law of this state

and subject to all pertinent generation, transportation, treatment,

storage, and disposal laws and regulations, if such waste meets the

definition of hazardous waste set forth in subdivision three of section

27-0901 of this chapter. Within six months from the effective date of

this subdivision, the department shall make all necessary changes to

bring its regulations into compliance with this section.