Public Notice for Commissioner's Policy CP-39 Use of Enforcement Discretion for Discarded Mercury-Containing Equipment
The New York State Department of Environmental Conservation (Department) has issued Commissioner Policy CP-39, "Use of Enforcement Discretion for Discarded Mercury-Containing Equipment." This policy will take effect on June 16, 2006.
CP-39 is a new Department policy that provides for the use of enforcement discretion by the Department to allow the regulated community to comply with the United States Environmental Protection Agency's (USEPA) final rule, promulgated in 70 FR 45507-45522 on August 5, 2005, which adds mercury-containing equipment to the Federal Universal Waste Rule 40 CFR Part 273, as an alternative to the existing Department hazardous waste regulations. This Policy will facilitate collection and help ensure proper management of mercury-containing equipment waste pursuant to USEPA's requirements of 40 CFR Part 273, with supporting language in 40 CFR Parts 260, 261, 264 265 268 and 270 until such time as the Department adopts these USEPA hazardous waste regulations in New York State.
Copies of the policy can be found by clicking the link at the top of this page
Questions concerning this Policy may be directed to the Bureau of Hazardous Waste Regulation, Division of Solid & Hazardous Materials, at (518) 402-8633 or by email at sqginfo@gw.dec.state.ny.us.
