RCRA Program Delegation Approved For New York State DEC

US EPA has approved the delegation for its hazardous waste programs to the New York State Department of Environmental Conservation (NYSDEC or DEC) relating to used oil management. New York had applied to EPA for final authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). This final authorization will become effective on May 10, 2013 unless EPA receives adverse written comment by April 10, 2013.

New York has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).

The effect of this decision is that a facility in New York subject to RCRA will now have to comply with the authorized State requirements instead of the equivalent Federal requirements in order to comply with RCRA. New York has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA. This includes the authority to:

• Do inspections, and require monitoring, tests, analyses, reports or other actions
• Enforce RCRA requirements and suspend or revoke permits
• Take enforcement actions regardless of whether the State has taken its own actions.

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