6 NYCRR Parts 191, 215 and 621 Regulatory Flexibility Analysis for Small Business and Local Governments
The purpose of revising Part 191 and Part 215 is to update regulatory requirements in regard to open fires and open burning. The need to update is based on the changes in both the type of materials burned in such fires and the increase in scientific knowledge about the toxic materials released into the air by the combustion of those materials. Part 621 is being revised to remove a reference that will become obsolete with the changes in the other two parts.
Effects on Small Business and Local Governments
The revisions to Part 621 will have no effect on small business because it is solely to remove a reference that becomes obsolete by the other revisions. The revisions to Part 191 will have no effect on small business generally. To the extent that pre-printed permits forms are used for Part 191 permits, the one possible exception to this is that there will be less demand for printing services.
The revisions to Part 215 will affect small businesses involved in agriculture, construction, and waste haulers. Agricultural operations that produce rubber wastes (from old tires), plastic wastes and paper wastes that are now burned in an open fire will need to expend funds to properly dispose of those materials. Any construction involving land clearing may be affected, as the waste from grubbing and land clearing will no longer be allowed to be burned in an open fire, but will need to be disposed of by other methods such as recycling, placement in a sanitary landfill, or burned in a permitted municipal waste incinerator. Some wastes produced from land clearing operations may be turned into salable products such as mulch, firewood and wood pellets. Waste haulers may need to hire additional staff to deal with increased demand for their services, especially in rural areas. No other businesses will be affected since they (any commercial businesses) are already banned from open burning under the existing rule.
Local governments may need to hire additional employees for their transfer stations and there will be increased landfill costs associated with final disposal of a somewhat larger waste stream. These additional costs should be offset by the additional revenues which will be generated from fees at the local transfer stations. There may be some one-time costs associated with upgrading these transfer stations to be able to handle the additional waste stream.
Compliance Requirements
For the revisions to Part 191, Part 215, and Part 621 there are no reporting or recordkeeping requirements for small businesses or local governments.
Professional Services
The revisions to Part 215 may cause some local governments to require engineering planning and design for the upgrading of their transfer stations and related solid waste facilities sooner than they may would otherwise need. The revisions to Part 191 and Part 621 will not require any professional services on the part of local governments. Small businesses will not require any professional services to comply with any of the proposed rules.
Compliance Costs
The following is an estimate of the costs to implement Part 215, Part 191 and Part 621. It is being done in this manner since these rules must be implemented together. These costs are somewhat difficult to estimate since the implementation of these rules will have a financial affect only on the section of the general public which currently disposes of their solid waste by burning. Difficulty arises since costs of solid waste are sometimes included in the tax base of the community. Therefore, estimating is typically done by two methods, one being the cost to the individual who is disposing of his waste, the other being the cost to the community in which that individual lives.
Costs to the Community:
Most transfer stations are owned and run by municipalities (cities, towns and villages). This is due, for the most part, to the 6 NYCRR Part 360 Regulations which were promulgated on December 15, 1988. These regulations required each county to be responsible for the management and disposal all municipal solid waste generated in their area. Most counties formed solid waste management associations and either built a landfill, built a series of transfer stations, or both. In turn, the municipalities which were now responsible for waste disposal would pay for the cost of disposal by raising taxes, charging fees at transfer stations, or both. For example, a rural community with a population of 1000 might expect their cost of transport and disposal of solid waste to increase by as much as $12,155.00 per year. This is based on data provided by the Division of Solid and Hazardous Materials and assumes the following worst case factors: one resident in three currently uses a burn barrel to dispose of their waste; an average person produces four pounds of solid waste a day; and the cost of transport and disposal of solid waste is $50.00 per ton. Comparing these minimal garbage disposal costs to the costs associated with burning barrels such as the degradation of air quality, accidental forest fires, and foremost, the possible public health effects and loss of quality of life, the costs seem even more inconsequential.
Minimizing Adverse Impact
The express terms contain limited exemptions for agriculture. These are for the burning of agricultural wastes generated on-site as part of a valid agricultural operation on lands which are devoted to agricultural or horticultural use.
Small Business and Local Government Participation
Small businesses and local governments will have the opportunity to comment on this proposed rule and speak at public hearings. The State Administrative Procedures Act requires agencies to provide public and private interests in rural areas the opportunity to participate in the rule making process and/or public hearings. The Department will hold public hearings on Part 215 in upstate areas and will notify interested parties of this proposed rulemaking.
Economic and Technological Feasibility
There are no technological or economic impediments which would interfere with the revisions to Parts 191, 215, and 621. The termination of the Part 191 permit scheme would eliminate paperwork. Although there are currently limits on the feasibility of recycling some types of agricultural waste, the North East Waste Management Officials Association (NEWMOA) has recently received a grant to facilitate a solution. NEWMOA is forming a work group (with the help of Cornell Cooperative Extension) to assist in the development and implementation of a regional project to conduct training and provide technical assistance to increase recycling of agricultural plastics in rural areas of four Northeastern states: Maine, New Hampshire, New York and Vermont. There should be no other affect on the limitations and feasibility issues regarding recycling plants and landfills.
