Managing Mercury Containing Equipment
Commissioner Policy CP-39, "Use of Enforcement Discretion for Discarded Mercury-Containing Equipment"
The DEC has issued Commissioner Policy CP-39, "Use of Enforcement Discretion for Discarded Mercury-Containing Equipment." This policy took effect on June 16, 2006.
CP-39 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.
