N.Y. Comp. Codes R. & Regs. tit. 6 § 370.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 370.5 - Rule making petitions

(a)General.

(1) Any person may petition the commissioner to initiate a regulatory amendment to amend Subpart 374-3 of this Title to include additional hazardous wastes or categories of hazardous waste as universal waste.

(2) Each petition must be submitted to the commissioner by certified mail and must include:

(i) the petitioner's name and address;

(ii) a statement of the petitioner's interest in the proposed action;

(iii) a description of the proposed action, including (where appropriate) suggested regulatory language; and

(iv) a statement of the need and justification of the proposed action, including any supporting tests, studies, or other information.

(3) The commissioner will make a tentative decision to grant or deny the petition and will publish notice of such tentative decision, either in the form of a notice of proposed rule making or a tentative determination to deny the petition, in the State Register for written public comment.

(4)

(i) Upon the written request of any interested person, the commissioner may hold a legislative public hearing to consider oral comments. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The commissioner may in any case decide to initiate a motion to hold a legislative public hearing.

(ii) After evaluating all public comments, the commissioner will make a final decision and shall publish notice of the decision in the State Register.

(5) If the tentative decision is to publish a notice of proposed rule making, the procedures established in the State Administrative Procedure Act (SAPA), section 202 will be followed.

(b) [Reserved]

(c)Petitions to amend universal wastes.

(1) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of Subpart 374-3 of this Title may petition for a regulatory amendment under subdivision (a) of this section and section 374-3.7 of this Title.

(2) To be successful, the petitioner must demonstrate to the satisfaction of the commissioner that regulation under the universal waste regulations of Subpart 374-3 of this Title: is appropriate for the waste or category of waste; will improve management practices for the waste or category of waste; and will improve implementation of the hazardous waste program. The petition must include information required by subdivision (a) of this section. The petition should also address as many of the factors listed in section 374-3.7(b) of this Title as are appropriate for the waste or category of waste addressed in the petition.

(3) The commissioner will grant or deny a petition using the factors listed in section 374-3.7(b) of this Title. The decision will be based on the weight of evidence showing that regulation under Subpart 374-3 of this Title is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.

(4) The commissioner may request additional information needed to evaluate the merits of the petition.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 370.5

Amended New York State Register March 4, 2020/Volume XLII, Issue 09, eff.4/18/2020