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Adoption of Final Rule: 6 NYCRR Parts 360-366 and 369, Solid Waste Management

Part 360 Series Clarifications

The Department has compiled the following Part 360 Series Clarifications in order to explain and clarify the recently revised Part 360 regulations. The Clarifications will be updated as necessary.

October 12, 2018 Enforcement Discretion Letter

The Enforcement Discretion Letter (PDF) (584KB) was approved on October 12, 2018 and addresses provisions of the recently revised Part 360 regulations.

The components of the letter are discussed below:

  1. Due to changes in recycling markets and unacceptable amounts of contaminants found in source-separated recyclables, some recycling facilities have found it increasingly difficult to find outlets for recyclables. In order to provide for extended storage opportunities while facilities arrange for new markets or pursue other alternatives, the Department will utilize enforcement discretion to allow storage of non-putrescible recyclables at other locations owned or under the control of the facility. The Department will also utilize enforcement discretion to waive the 15 percent residue threshold for registered recycling facilities. Requests under these provisions require approval of the appropriate DEC regional office.

  2. Source separation is the best means of keeping recyclable metals out of municipal solid waste (MSW). However, when MSW is combusted at a municipal waste combustion (MWC) facility, a second opportunity is available to collect metals that were not source-separated. Metals are not destroyed in the combustion process and can be recovered at the MWC facility. The Department strongly encourages this second opportunity to collect recyclables, and will utilize enforcement discretion to allow for metals extracted at the MWC subsequent to combustion to not be considered part of the facility's throughput capacity.

  3. Under current regulations, the requirements for operating an exempt 10-day solid waste transfer facility are more stringent than those for operating a similar facility which handles hazardous waste. In order to simplify the regulatory oversight for facilities that handle both solid wastes and hazardous wastes at exempt 10-day transfer facilities, the Department will utilize enforcement discretion to match appropriate solid waste management facility requirements with hazardous waste management facility requirements.

  4. Facilities that manage used oil may be regulated by both Part 360 and Part 374-2 regulations, creating an unnecessary conflict. In resolve this inconsistency, the Department will utilize enforcement discretion to waive the requirements of Part 360.14 for management of used oil, so long as the activity is in compliance with the applicable provisions of Part 274-2.

  5. Current Part 360 regulations do not allow for the continued operation of municipally-owned land clearing debris landfills which were registered with the Department prior to November 4, 2017. However, municipalities have raised concerns that these facilities provide a low-cost public service to their communities and avoid reduction of airspace at MSW landfills. In recognition of these circumstances, the Department will utilize enforcement discretion to allow the continued operation of municipally-owned land clearing debris landfills which held registrations prior to November 4, 2017.

March 1, 2018 Enforcement Discretion Letter & Stipulation and Order

The Enforcement Discretion Letter (PDF) (201KB) was approved on March 1, 2018 and addresses provisions of the recently revised Part 360 regulations. The Stipulation and Order (PDF) (571KB) related to the recently revised Part 360 regulations was approved on May 15, 2018.

The components of the letter are discussed below:

  1. Materials used in cement, concrete and asphalt pavement: The Department is utilizing its enforcement discretion to maximize the opportunities for recycling of concrete and asphalt by expanding the allowed storage of concrete and asphalt prior to reuse when the materials are under the control of their generator or the person responsible for the generation, such as a contractor. This directive also allows these readily recyclable materials to be transported without the need for a Part 364 waste transporter registration or permit. The utilization of enforcement discretion with respect to these materials will increase the opportunities for recycling and reduce the chance that readily recyclable materials will be disposed of before recycling opportunities are available.

  2. Waste tires used to secure tarpaulins: This enforcement discretion directive allows more time for the Department to work with the regulated community to find solutions to problems associated with the use of tires at farms without negatively impacting the farms. The directive allows use of tires to secure tarpaulins in accordance with either requirements stated in this letter or the new requirements.

  3. Construction and demolition facility fill material sampling requirements: The transition requirements of the Part 360 Series would negatively impact some facilities that renewed or modified their permits before the deadline of May 3, 2019 by requiring sampling of residues and fill material which other facilities were not required to perform. This creates a situation where facilities that want to modify their permits early will not do so because the increased sampling costs are not borne by their competitors, creating an unbalanced marketplace. This directive corrects that potential imbalance by setting a standard implementation point when all facilities must be begin sampling of these materials.

  4. Storage Requirements for Regulated Medical Waste (RMW): Containers for RMW in patient care areas should not be required to be removed for disposal before they are either full or begin to generate odors. The Part 360 Series sets a time limit for these containers in patient care areas that is problematic, especially for small generators such as dental offices. The department will exercise its enforcement discretion to allow in most cases the containers to be filled completely before they must be removed for disposal.

Comprehensive Revisions, Enhancements and Structure Changes

The New York State Department of Environmental Conservation (DEC) filed a Notice of Adoption for a comprehensive revision to existing 6 NYCRR Part 360 regulations on September 5, 2017. The rulemaking included:

  1. Repeal of existing 6 NYCRR Parts 360, 362, 363, 364, 369 and Subpart 373-4

  2. Adoption of new 6 NYCRR Parts 360, 361, 362, 363, 364, 365, 366, and 369

  3. Renumbering existing 6 NYCRR Part 361 to Part 377; and

  4. Minor amendments to 6 NYCRR Parts 370, 371, 372, 373, 374, and 621

The regulations became effective on November 4, 2017

DEC updated the Regulatory Impact Statement, Regulatory Flexibility Analysis for Small Businesses and Local Governments, Rural Area Flexibility Analysis, and Job Impact Statement associated with this rule after careful consideration of formal and informal public comments received by DEC prior to adoption of the Final Rule. The revised regulations are available on the DEC regulation page.

Other Rulemaking Documents:

Guidance Documents:

Document Repository

The documents may also be inspected at NYSDEC, 625 Broadway, Albany, NY 12233. Please call Melissa Treers for an appointment at (518) 402-8678.

Questions

Please contact Melissa Treers at SolidWasteRegulations@dec.ny.gov or (518) 402-8678.


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