Notice of New Enforcement Discretion Concerning the 6 NYCRR 370 Series Hazardous Waste Management Regulations.
DEC recently published a new enforcement direction letter to expand the existing exemption for public utilities to allow contractors or other entities who perform mutual aid services on behalf of public utilities to conduct waste management activities for polychlorinated biphenyl (PCB)-containing waste and consolidate such waste at collection facilities owned by public utilities.
In the 1980s, DEC designated certain PCB-containing waste as hazardous wastes. At that time, DEC also recognized the need to allow public utilities to consolidate certain PCB-containing waste, like electrical transformers, at utility-owned collection facilities to promote proper and cost-effective waste management. To facilitate this, DEC created an exemption in 6 NYCRR 372 for public utilities to allow these types of management activities to occur at utility-owned facilities without a 6 NYCRR Part 373 hazardous waste permit. This exemption is widely used across New York State on a daily basis.
Over time public utilities have become increasingly dependent upon contractors to conduct daily operations and perform waste management activities in the field. In addition to this, public utilities rely on mutual aid from other utility companies and contractors during storm responses and other emergencies. These mutual aid partners often need to conduct PCB waste management activities on behalf of public utilities as part of the response to those weather events. Allowing public utility contractors and mutual aid partners to transport PCB-containing waste to utility-owned collection facilities under the existing public utilities exemption will streamline the process for managing PCB-containing wastes generated by utilities and provide for greater levels of safety, transportation efficiencies, and cost savings when managing this waste.
A copy of the enforcement discretion letter and the procedures that must be followed by public utilities, contractors, and mutual aid partners operating under the public utilities exemption can be found on DEC’s Hazardous Waste Guidance webpage under the Active Enforcement Discretion Letters section.
Contact: For more information about this enforcement discretion letter, please contact NYS DEC, Division of Materials Management, 625 Broadway, Albany, NY 12233-7256; Phone: (518) 402-8652; E-mail: hwregs. |
