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Part 360 Express Terms

6 NYCRR Part 360 - CAFO Regulations

* NOTE: Underlines contained in the text of the express terms denote new material. Brackets [ ] indicate material to be deleted.

A new paragraph (4) has been added to Subdivision 360-1.3(b) to read:

(4) Natural Resources Conservation Service (NRCS) - Conservation Practice Standard Waste Management System (number) Code NY313. Available from the NRCS, 1 Clinton Square, Room 333, Albany, New York 12207-2350 and for inspection and copying at the department's offices at 625 Broadway, Albany, New York 12233 in the Division of Water.

Subdivision 360-4.2(a) is revised to read:

(a) Exemptions. The following facilities are exempt from this Part. Facilities that are exempt under this subdivision which were previously registered will no longer be registered as of the effective date of this Subpart, provided all required annual reports for the facility have been submitted to the department.

Paragraph (1) of Subdivision 360-4.2(a) is revised to read:

(1) A land application facility for animal manure and associated bedding material. For purposes of this exemption bedding material includes hay, straw, sawdust, wood shavings, newsprint, sand, and materials approved pursuant to a beneficial use determination under section 360-1.15 of this Title.

Paragraphs (2), (3) and (4) of Subdivision 360-4.2(a) are unchanged

New paragraphs (4) and (5) have been added to subdivisions 360-4.2(a) to read:

(4) A land application facility for undigested food and fecal material emanating from a New York State owned or licensed fish hatchery. The waste must be applied at or below agronomic rates.

(5) A land application facility or manure storage facility located on a concentrated animal feeding operation (CAFO), permitted pursuant to Part 750 of this Title, that involves food processing waste or other waste. The land application or manure storage facility must be addressed in a comprehensive nutrient management plan (CNMP) to properly manage liquid and solid waste, including runoff from production areas. CNMP means a plan prepared by an Agricultural Environmental Management (AEM) planner certified by the American Society of Agronomy as a Certified Crop Advisor who has completed all necessary training and has been deemed qualified by the Commissioner of the New York State Department of Agriculture and Markets, in consultation with the State Soil and Water Conservation Committee and the Natural Resources Conservation Service (NRCS) State Conservationist to develop and review CNMPs for CAFOs in New York State. This provision does not apply to any waste that contains human fecal matter (sewage sludge, septage, etc). Also, the amount of non-manure waste that is placed in the storage facility must not exceed 50 percent of the total volume of waste placed in the storage facility on an annual basis.

Subdivision 360-4.2(b) is revised to read:

The following solid waste management facilities, that are not otherwise exempt from this Part, are eligible for the registration provisions of subdivision 360-1.8(h) of this Part if the facility is operated in compliance with the applicable requirements of subdivision 360-1.8(h) and this subdivision. Sufficient information must be submitted with the registration request to demonstrate that the facility will comply with the applicable criteria. Any registered facility which is not operated in compliance with these conditions requires a permit pursuant to this Part and will be subject to the applicable enforcement provisions.

Paragraph 360-4.2(b)(1) of subdivision 360-4.2(b) is revised to read:

(1) A land application and a manure storage facility involving nonrecognizable food processing wastes [or fish hatchery waste], provided the following conditions are satisfied:

Subparagraph (vii) of paragraph 360-4.2(b)(1) is revised to read:

(vii) [A maximum of 10 percent of the total volume of a manure storage facility may consist of food processing waste, unless it can be demonstrated that the manure storage facility has been designed to minimize potential for negative ground water and surface water impacts. The land application of this mixture is not subject to the criteria in this Paragraph, but should be conducted in accordance with acceptable agricultural practices] the manure storage facility can accept food processing wastes. No more than ten percent of the total volume of waste entering the facility on an annual basis may consist of food processing waste unless liner certification is provided. The facility may accept more than ten percent, but not more than forty percent of the total volume of waste entering the facility on an annual basis, if the storage facility was designed and built in accordance with section 4.10 of this Subpart or National Resource Conservation Service (NRCS) Code NY313. If the facility accepts non-manure waste that is more than ten percent but less than 40 percent of the total volume entering the facility on an annual basis, the land application of this mixture must comply with the operating requirements outlined in subdivision (b) of this section; and

Paragraphs (1) and (2) of Subdivision 360-5.3(a) have been revised to read:

(1) A composting facility that accepts crop residues, animal manure and associated bedding material. For purposes of this exemption bedding material includes hay, straw, sawdust, wood shavings, newsprint and materials approved for use pursuant to a department beneficial use determination issued in accordance with section 360-15 of this Title.

(2) A composting facility that accepts no more than 3,000 cubic yards of yard waste [per year], either processed or unprocessed, per year. This quantity [limit] does not include [brush or other wood materials that are not intended for composting] tree debris materials that are not intended for composting. For the purposes of Part 360 and this Subpart, precipitation, surface water, and groundwater that has come in contact with yard waste or the resultant compost is not considered leachate, however, it must be managed within the site and must not enter a surface waterbody, a conveyance to a surface waterbody, or cause a contravention of water quality standards.

Paragraph (3) of Subdivision 360-5.3(a) is unchanged

Paragraphs (4) and (5) of subdivisions 360-5.3(a) have been added to read:

(4) A composting facility for animal mortalities if the facility is located on a farm and accepts no more than 10 animals per year, or is located on a CAFO, provided the CAFO is permitted pursuant to Part 750 of this Title and has a CNMP. For facilities that are not permitted pursuant to Part 750, the mortality must be placed within a compost pile on the day received.

(5) The following anaerobic digestion (AD) facilities:

(i) AD facilities that accept only one or more of the following wastes: animal manure and bedding, crop residues and similar farm wastes. The farm wastes do not need to be generated on the location where the digester is located. The following activities associated with the AD facility are also exempt facilities regardless of location:

('a') land application of the solids and/or liquid emanating from the AD facility;

('b') use of the dewatered solids from the AD facility for animal bedding;

('c') use of the blended dewatered solids from the AD facility as a topsoil provided the topsoil blend does not cause odors when stored or used; and

('d') a composting facility for the dewatered solids from the AD facility.

(ii) AD facilities located on a CAFO, permitted pursuant to Part 750 of this Title, that has a CNMP, for manure, food processing waste, fats, oil, and grease, and other wastes without human fecal matter (sewage sludge, septage, etc.). The non-manure waste received must not exceed 50 percent, by volume, of waste placed in the AD unit on an annual basis. The following activities associated with the AD facility are also exempt facilities regardless of location:

('a') land application of the solids and/or liquid emanating from the AD facility provided the nutrient loading is addressed in a CNMP;

('b') use of the dewatered solids from the AD facility for animal bedding;

('c') use of the blended dewatered solids from the AD facility as a topsoil provided the topsoil blend does not cause odors when stored or used; and

('d') a composting facility for the dewatered solids from the AD facility.

Subparagraph (i) of paragraph 360-5.3(b)(1) is revised to read:

(i) A composting facility that accepts more than 3,000 cubic yards but not more than 10,000 cubic yards of yard waste per year. This quantity limit does not include [brush and other wood] tree debris materials that are not intended for composting.

Subparagraphs (ii) and (iii) of paragraph 360-5.3(b)(1) are unchanged.

Subparagraphs (iv) and (v) have been added to paragraph 360-5.3(b)(1) to read:

(iv) An organics processing facility for animal mortalities or parts generated from a farm, slaughterhouse, butcher, or other generator.

(v) A composting facility for the dewatered solids from an AD subject to registration under paragraph 3 of this subdivision.

Paragraph (3) has been added to subdivision 360-5.3(b) to read:

(3) The following AD facilities, that are not otherwise exempt facilities, are subject to the registration provisions of section 360-1.8 of this Title:

(i) AD facilities that accept less than 50 tons of waste per day, provided the operating conditions in paragraph (ii) are met. The waste must not contain human fecal matter (sewage sludge, septage, etc). AD facilities that accept any waste containing any sanitary content (e.g., septage, biosolids) or more than the amounts of waste outlined in this section must obtain a permit under this Subpart. Incoming waste must not be placed on the ground or in a manner that leads to groundwater or surface water impacts, and odors must controlled. The following activities associated with the AD facility are handled as follows:

('a') land application of the solids and/or liquid emanating from the AD facility requires registration under paragraph 360-4.2(b)(1) unless land application occurs on a CAFO, permitted pursuant to Part 750 of this Title, and is addressed in a CNMP. Application on a CAFO, permitted pursuant to Part 750 of this Title is exempt;

('b') use of the dewatered solids from the AD facility for animal bedding is exempt;

('c') use of the blended dewatered solids from the AD facility as a topsoil provided the topsoil blend does not cause odors when stored or used; and

('d') a composting facility for the dewatered solids from the AD facility requires registration under this Subpart.

(ii) The following operating conditions are satisfied:

('a') all waste received must be size reduced, if necessary, to effectively digest;

('b') all waste received must be source separated, with minimal (less than 1 percent by volume) non-organic material present;

('c') for low solids AD, the operating level in the AD vessel must be maintained so that spillage or discharge into the gas collection system does not occur; and

('d') the AD must achieve a minimum of 38 percent volatile solids reduction.

Subdivision 360-5.5(a) is revised to read:

(a) Additional permit application requirements. This section describes the permit application requirements for organic waste processing facilities for mixed solid waste, biosolids, septage, and other sludges such as paper mill sludge. [This section also covers OWP facilities for source-separated organic waste other than composting facilities, such as thermophilic anaerobic digestion processes.] In addition to the requirements set forth in section 360-5.4 of this Part pertaining to engineering report contents, the engineering report that must be submitted as part of an initial application to construct and operate an OWP facility for biosolids, mixed solid waste, septage and other sludges must contain the following information:

Subdivision 360-5.5(b) is revised to read:

(1) One of the following alternatives (designated as Class A pathogen reduction) must be used to reduce pathogen content before the material leaves the facility, except for the use of AD digestate on a farm. Alternative 2 is not applicable for composting. Alternative 4 or 5 can only be used if the process cannot produce operational data that could be used to meet another PR alternative.

Paragraph (14) has been added to subdivision 360-5.5(d) to read:

(14) AD criteria.

(i) All waste received must be size reduced, if necessary, to effectively digest.

(ii) All waste entering a low solids AD must be source separated, with minimal (less than 1 percent by volume) non-organic material present.

(iii) For low solids AD, the operating level in the AD vessel must be maintained so that spillage or discharge into the gas collection system does not occur.

(iv) The AD must achieve a minimum of 38 percent volatile solids reduction.

(v) Management of digestate:

('a') land application of the solids and/or liquid emanating from the AD facility requires a permit under Subpart 360-4, unless the Class A pathogen reduction and vector attraction reduction criteria of this Subpart can be demonstrated;

('b') use of the dewatered solids from the AD facility for animal bedding is prohibited unless the Class A pathogen reduction and vector attraction reduction criteria of this Subpart can be demonstrated;

('c') use of the blended dewatered solids from the AD facility as a topsoil is prohibited unless the Class A pathogen reduction and vector attraction reduction criteria of this Subpart can be demonstrated; and

('d') a composting facility for the dewatered solids from the AD facility requires a permit under this Subpart.

Section 360-5.6 is revised to read:

360-5.6 SOURCE-SEPARATED ORGANIC WASTE [COMPOSTING] PROCESSING FACILITIES

This section describes the permit application requirements for [composting] processing facilities for source-separated organic waste, such as composting and AD facilities. If any waste containing human fecal matter is accepted, the criteria in section 360-5.5 must be followed. The following information, in addition to that set forth in section 360-5.4 of this Part, must be included in the contents of an engineering report submitted as part of an initial permit application to construct and operate:

Paragraph 360-5.6(a)(3) is revised to read:

(3) If applicable, [A]a detailed description of the proposed processes to reduce pathogenic organism content and to reduce vector attraction including:

Subdivision 360-5.6(b) is revised to read:

Pathogen and vector attraction reduction for composting facilities.

Subdivision 360-5.6(c) is revised to read:

Pollutant limits and product use criteria for material distributed to the public.

Paragraphs 360-5.6(d)(8) , (11), and (12) are revised to read:

(8) If composting, [T]the operation of the facility must follow acceptable methods of composting which result in the aerobic decomposition of the organic material involved.

(11) [Noncompostable] Nonprocessible solid waste must be disposed at least weekly in a manner approved by the department.

(12) The [composting] facility can only accept SSOW from a generator that has an active collection program designed to collect organic waste separate from other waste materials and to remove inorganic [and non-compostable] materials from the SSOW generated, The [composting] facility must also have provisions for inspection and removal of [noncompostables] inorganics received.

360-5.6(e)(1) is revised to read:

(1) For composting facilities, [A]annual product quality monitoring is required in accordance with the following.

Subdivision (f) has been added to section 360-5.6 to read:

(f) AD criteria.

(1) All waste received must be size reduced, if necessary, to effectively digest.

(2) All waste entering a low solids AD must be source separated, with minimal (less than 1 percent by volume) non-organic material present.

(3) For low solids AD, the operating level in the AD vessel must be maintained so that spillage or discharge into the gas collection system does not occur.

(4) The AD must achieve a minimum of 38 percent volatile solids reduction.

(5) Management of digestate:

(i) land application of the solids and/or liquid emanating from the AD facility requires a registration under Subpart 360-4;

(ii) use of the dewatered solids from the AD facility for animal bedding is exempt from this part;

(iii) use of the blended dewatered solids from the AD facility as a topsoil is exempt provided the topsoil blend does not cause odors when stored or used; and

(iv) a composting facility for the dewatered solids from the AD facility requires a registration under this Subpart.

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