N.Y. Comp. Codes R. & Regs. tit. 5, § 72.2
(f) Eligible project or waste prevention project or project shall mean actions taken by or on behalf of a New York business involving the acquisition, construction, alteration, repair or improvement of a building, fixtures, machinery or equipment, provided that such project results in:
(7) other practices or technologies that reduce the use of hazardous materials or otherwise improve air or water quality.
Eligible project shall not include end-of-pipe pollution control technologies or practices where such controls or practices are designed primarily to achieve compliance with the Environmental Conservation Law or regulations promulgated pursuant thereto; energy recovery or incineration; or out-of-process recycling or reuse of hazardous waste or hazardous substances.
(n) Waste shall mean:
(4) hazardous waste - those wastes which appear on the list, or satisfies the characteristics of hazardous waste, promulgated pursuant to section 27-0903 of the Environmental Conservation Law.
Such term shall not include source, special nuclear or by-product material as defined in the Atomic Energy Act of 1954, as amended.