New York Financial Responsibility regulations & environmental compliance analysis

New York Financial Responsibility: What you need to know

Governing Law and Regulations

Underground storage tanks (USTs): 6 New York Codes, Rules, and Regulations (NYCRR) 598.11

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Hazardous waste:

Treatment, storage, and disposal facilities (TSDFs): 6 NYCRR 373-2.8

Transporters: 6 NYCRR 364.5

Medical waste transporters: 6 NYCRR 364.5

Solid waste:

Landfills: 6 NYCRR 360-2.19

Management facilities: 6 NYCRR 360-1.12

Petroleum facilities: 17 NYCRR 31

Regulatory Agencies

New York State Department of Environmental Conservation (DEC)

New York Department of Transportation (DOT)

U.S. Environmental Protection Agency (EPA) Region 2

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York generally follows the federal financial responsibility requirements with additional rules for medical waste transporters, petroleum facilities, solid waste landfills, solid waste management facilities, hazardous waste transporters, and hazardous waste treatment, storage, and disposal facilities (TSDFs). In addition, New York allows fewer funding mechanisms, and the amount of the state’s liability coverage for nonsudden occurrences is greater.

New York follows federal financial responsibility rules for underground storage tanks (USTs). See the national section FINANCIAL RESPONSIBILITY for the required amount of financial coverage and compliance mechanisms. However, the Department of Environmental Conservation (DEC) may determine that financial assurance in a designated amount is required to ensure proper closure of USTs. See the state section UNDERGROUND STORAGE TANKS for the DEC requirements. UST owners and operators may be able to use the New York Environmental Protection and Spill Compensation Fund (Oil Spill Fund) as a financial assurance mechanism.

Administration and enforcement.


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