PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Repeal of Parts 360, 362, 363, 364 and 369; addition of Parts 360, 361, 362, 363, 364, 365, 366 and 369; renumbering of Part 361 to 377; and amendment of Parts 370, 371, 372, 373, 374 and 621 of Title 6 NYCRR.
Amend the rules that implement the solid waste program in New York State to incorporate changes in law and technology.
Public hearing(s) will be held at:
1:00 p.m., June 2, 2016 at Suffolk Company Water Authority Education Center, 260 Motor Pkwy., Hauppauge, NY; 1:00 p.m., June 6, 2016 at Department of Environmental Conservation, 625 Broadway, Rm. 129A, Albany, NY; and 1:00 p.m., June 7, 2016 at RIT Inn and Conference Center, Henrietta Ballroom, 5257 Henrietta Rd., Rochester, NY.
Interpreter Service:
Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Substance of proposed rule (Full text is posted at the following State website:http://www.dec.ny.gov/regulations/propreg- ulations.html):
This proposed rulemaking is a comprehensive revision to existing regulations. The existing regulations for solid waste management facilities are currently found in Part 360. A component of this proposed rulemaking is to subdivide the solid waste management facility regulations into groups that are similar in nature, such as facilities that recycle and recover materials. Therefore, the current Part 360 criteria will be found in Parts 360, 361, 362, 363, 365, and 366. The types of facilities covered by each proposed part are described in more detail below and in the express terms themselves. In addition to the solid waste management facilities and activities currently regulated under Part 360, this proposed rulemaking includes revisions to regulations governing waste transportation (Part 364) and state assistance grants to municipalities related to solid waste management (Part 369). This rulemaking will also incorporate minor amendments to Parts 621, 370-374.
Part 360 General Requirements:
Existing Part 360 is repealed and a new Part 360 is proposed which includes the general requirements for all solid waste management facilities. This includes definitions, general exemptions, variance criteria, financial assurance criteria, general permit application and operation standards, and provisions to petition the Department for a jurisdictional determination that a material is not a solid waste through a beneficial use determination (BUD). A new section has been added to address the management of historic fill, including criteria for the on-site use, off-site use, and disposal of the waste, as well as addition of criteria for the reuse of navigational dredged material.
Part 361 Material Recovery Facilities:
Existing 6 NYCRR Part 361 Siting of Industrial Hazardous Waste Facilities is renumbered 6 NYCRR Part 377 Siting of Industrial Hazardous Waste Facilities and a new 6 NYCRR Part 361 is proposed which includes the following subparts addressing material recovery facilities:
Subpart 361-1 Recyclables Handling and Recovery Facilities
Subpart 361-2 Land Application and Associated Storage Facilities
Subpart 361-3 Composting and Other Organics Processing Facilities
Subpart 361-4 Wood Debris and Yard Trimmings Processing Facilities
Subpart 361-5 Construction and Demolition Debris Processing Facilities
Subpart 361-6 Waste Tire Handling and Recovery Facilities
Subpart 361-7 Metal Processing and Vehicle Dismantling Facilities
Subpart 361-8 Used Cooking Oil and Yellow Grease Processing Facilities
The addition of the subpart for wood debris was added to address the issues regarding the storage of mulch at facilities by restricting pile size and other criteria to control odor and fire. A number of issues related to the management of construction and demolition (C&D) debris have resulted in instances of environmental harm, adverse impacts to residents and communities in the State, and significant costs for clean-up of illegal disposal. The Department has evaluated these issues and has implemented several targeted enforcement strategies with limited long-term success. The impediments encountered in these efforts are addressed by a number of revisions related to C&D debris management in the proposal.
Part 362 Combustion, Thermal Treatment, Transfer and Collection Facilities:
Existing 6 NYCRR Part 362 State Aid to Municipalities For Planning the Construction Or Improvement Of Solid Waste Disposal Facilities is repealed and a new 6 NYCRR Part 362 is proposed which contains the following subparts:
Subpart 362-1 Combustion Facilities and Thermal Treatment Facilities
Subpart 362-2 Municipal Solid Waste Processing Facilities
Subpart 362-3 Transfer Facilities
Subpart 362-4 Household Hazardous Collection Facilities and Events
The proposed revisions restrict several source-separated waste streams from being managed in municipal waste combustors or thermal treatment facilities that accept municipal solid waste (MSW). The proposal requires municipal waste combustors, thermal treatment facilities that process MSW, and transfer facilities that transport wastes out-of-state to install and utilize fixed radiation detectors to monitor all incoming waste loads. To increase material recovery, the revisions will allow transfer facilities also authorized as recyclables handling and recovery facilities to accept particular source-separated waste streams for recycling. The current household hazardous waste regulations located in Subpart 373-4 are proposed to be repealed and the requirements of that subpart to be incorporated into this new Part.
Part 363 Landfills:
Existing 6 NYCRR Part 363 State Aid For Planning For Collection, Treatment and Disposal of Refuse is repealed and a new 6 NYCRR Part 363 addressing landfills is proposed. The proposed revisions require active collection and destruction of landfill gas for all new MSW landfills and for subsequent development at existing MSW landfills. Part 363 also includes new language to clarify the responsibilities of landfill owners after landfill closure. Under the proposed revisions, post-closure care activities including leachate collection and treatment; landfill cover maintenance and repair; regular landfill gas, groundwater, and surface water monitoring; and regular inspection must be conducted until the owner or operator can demonstrate to the Department that the landfill’s potential threat to public health or the environment has been reduced to a level where environmental monitoring and maintenance can be reduced. The facility manual for a landfill will now include a requirement for a custodial care plan. Throughout both the post-closure and custodial care periods, the owner or operator must maintain financial assurance to ensure that post-closure and custodial care activities will continue.
The amendments address disposal issues which have been problematic since the last major revision of Part 360. Disposal of land clearing debris has become problematic in some areas of the state, creating nuisance odors and reducing the amount of wood wastes that could be directed to reuse or recycling. Therefore, the current registration and exemption for disposal of land clearing debris have been removed and replaced with an exemption for a facility no more than one acre in size for the disposal of tree debris. This exemption will not be available in Nassau and Suffolk counties. Current regulations exempt disposal of certain materials such as uncontaminated concrete and concrete products, asphalt pavement, brick, glass, soil, and rock. There are currently no volume or size restrictions associated with this exemption, and several areas of the state have experienced problems with large-volume exempt disposal sites which have impacted surrounding communities. In addition, non-exempt wastes such as processing residues have been found at exempt sites. The proposed revisions replace the current exemption for the disposal of these materials with an exemption that prohibits disposal of processing residues at an exempt site, and restricts disposal to no more than 5,000 cubic yards of these materials. This exemption will not be available in Nassau and Suffolk counties.
The technical criteria for landfill construction has been updated to incorporated changes in technology and frequently approved variance requests. The proposed revisions require that landfill liner integrity testing be conducted on both geomembrane liners of a double-composite liner system. The proposal will also require that the secondary leachate collection and removal system be designed to a minimum flowrate capacity of 1000 gallons per acre per day to ensure rapid detection of leaks.
A sustainability plan will now be required as a part of all landfill applications. The plan will address operations that will conserve landfill airspace, encourage diversion of natural resources, reduce receipt of organic wastes, utilize alterative operating cover materials, enhance waste mass stabilization, include landfill reclamation techniques, and utilize other sustainable landfill management techniques.
Part 364 Waste Transporters:
Existing 6 NYCRR Part 364 Waste Transporter Permits is repealed and a new 6NYCRR Part 364 Waste Transporters is proposed. The new Part 364 has been revised to operate in concert with new Parts 360, 361, 362, 363 and 365 and to include tracking of wastes that have been a problem or concern such as C&D debris, historic fill, and drilling and production waste, and to exclude the permitting of wastes with little potential harm when transported. The proposed regulation includes a requirement for waste tracking forms for the transport of certain wastes including C&D debris (both to processing or disposal facilities as well as residues from C&D debris processing facilities), drilling and production waste, and historic fill. Regulated medical waste will continue to require a tracking form. Exemptions have been clarified and new exemptions added for electronics destined for recovery, elemental mercury and dental amalgam from dental facilities destined for mercury recovery, and regulated medical waste transported by emergency rescue vehicles.
Part 365 Biohazard Waste Management Facilities:
A new Part 365 is proposed to consolidate all the treatment and management of RMW in one location, address all wastes that present a biological hazard and contain the standards for treatment and management of those wastes. This Part includes criteria for regulated medical waste, household medical waste sharps collection, biohazard-incident waste, and animal and contaminated food supply waste. The proposal identifies standards for handling and storage of regulated medical waste at the site of generation and for trauma scene responders, provides operation requirements for autoclave and alternative treatment devices, and provides requirements for sharps consolidation and reusable device sorting.
Part 366 Local Solid Waste Management Planning:
A new Part 366 Local Solid Waste Management Planning is proposed. The current requirement for updates, modifications and biennial compliance reports for local solid waste management plans (LSWMPs) has been replaced with a requirement for an annual planning unit report, accompanied every other year with a biennial update. These updates will allow for evaluation and adjustment of the LSWMP, taking into account changes that will occur on a routine basis following initial LSWMP approval. Part 366 also clarifies the process in which the public is to be involved in the preparation of an LSWMP to ensure consistent application across the state. The streamlining and reorganization of the LSWMP process is intended to make the preparation and implementation of LSWMPs less complicated for municipalities, yet at the same time assist them in reducing the amount of waste they are disposing and increase the percentages of recyclables removed from the waste stream.
Part 369 State Assistance Projects:
Existing Part 369 Municipal Waste Reduction and Recycling Projects is repealed and a new Part 369 is proposed addressing state assistance projects. Currently, state assistance programs for municipalities for waste reduction and recycling are guided by the Part 369 regulations. Landfill closure is governed by Subpart 360-9, landfill gas collection is administered through a program policy, and household hazardous waste is covered by Subpart 373-4. These various state assistance programs related to solid waste management will be consolidated into the new Part 369. There has been concern in the past regarding funding of waste reduction and recycling education and coordination projects and positions; the delay in reimbursement to municipalities can be problematic for municipal budgeting, and has even resulted in some municipalities eliminating these important positions. The proposed revisions establish separate funding categories for capital waste reduction, recycling and household hazardous waste projects; waste reduction and recycling education and coordination projects; household hazardous waste collection and disposal; as well as establishment of an annual application process for education/coordination; and household hazardous waste (HHW) collection programs to better control and direct available funding to municipalities in a timely manner. For the annually funded projects, should insufficient funds be available to provide 50% reimbursement, the department may either lower the percentage or set a dollar maximum on the funding level.
Due to changing technologies and evolving priorities, the department needs to have flexibility to help advance certain waste reduction and recycling activities and projects in the state. In order to accomplish this, the proposed revisions establish a targeted priority area assistance program that the Department can use as needed in accordance with available funding and program needs and priorities.
In order to ensure that funded projects are well thought out and part of a reasonable and structured program consistent with state and local waste reduction and recycling efforts, awarding of state assistance grants will be limited to municipalities guided by approved Local Solid Waste Management Plans (LSWMPs) or Comprehensive Recycling Analyses (CRAs) or those found to be making substantial progress toward completion of an LSWMP or CRA, unless unique circumstances prevent the municipality from completing an LSWMP or CRA in a timely fashion.
Text of proposed rule and any required statements and analyses may be obtained from:
Melissa Treers, Department of Enviromental Conservation, Division of Materials Management, 625 Broadway, Albany 12233-7260, (518) 402-8678, email: melissa.treers@dec.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
July 15, 2016.
Additional matter required by statute:
Pursuant to the State Environmental Quality Review Act, a Positive Declaration, Environmental Impact Statement, and a Coastal Assessment Form have been prepared and are on file.
Summary of Regulatory Impact Statement
The Department of Environmental Conservation (Department) is authorized to promulgate regulations to establish requirements for solid waste management in New York State pursuant to multiple statutes which provide general and specific authority.
This proposed rulemaking is a comprehensive revision to existing regulations. The existing regulations for solid waste management facilities are currently found in Part 360. A component of this proposed rulemaking is to subdivide the solid waste management facility regulations into groups that are similar in nature, such as facilities that recycle and recover materials. Therefore, the current Part 360 criteria will be found in Parts 360, 361, 362, 363, 365, 366 and 369. This proposed rulemaking also includes revisions to regulations governing waste transportation (Part 364) and state funding of municipal waste reduction and recycling projects (Part 369). In addition to the amendments to existing Parts 360, 364, and 369, this rulemaking will incorporate minor amendments to Parts 621, 361, 362, 363, 370, 371, 372, 373 and 374 as outlined below:
The proposed amendments to Part 621, Uniform Procedures specifically address paragraph 621.4(m)(2), which sets forth a list of minor solid waste management facility projects for the purpose of outlining those facilities with little potential environmental impact.
Existing Parts 362 and 363 are antiquated state aid regulations which are no longer funded or needed and will be repealed and replaced with the proposed Parts 362 and 363.
Minor revisions addressing renumbering will be made to existing Parts 370-374 to ensure appropriate cross references.
Proposed revisions to existing Part 360 also include removal of existing Subpart 360-14 regulatory criteria for used oil. The regulatory criteria and requirements for used oil will be contained solely in Subpart 374-2, Standards for the Management of Used Oil. Permits for used oil handling facilities will continue to be issued pursuant to Part 360.
This rulemaking will also include specific amendments to 6 NYCRR Subpart 373-4, Facility Standards for the Collection of Household Hazardous Waste and Hazardous Waste from Conditionally Exempt Small Quantity Generators. Under this rulemaking, existing Subpart 373-4 is proposed to be repealed and the requirements of that subpart are proposed to be incorporated into the new Subpart 362-4.
In addition, existing Part 361, Siting of Industrial Hazardous Waste Facilities, will be renumbered as Part 377.
1. STATUTORY AUTHORITY
The Department’s statutory authority to undertake amendments to Part 360 is found in Environmental Conservation Law Sections 1-0101, 3-0301, 8-0113, Titles 3, 5, 7 and 8 of Article 17, 19-0301,19-0303,19-0306, Title 23 of Article 23, Titles 1, 3, 5, 7, 9, 10, 13, 15, 18, 21, 23, 25, 26, 27, 29 of Article 27, 27-1901, 27-1903, 27-1911, 54-0103, Titles 5 and 7 of Article 54, Title 1 of Article 70, 71-2201, Titles 27, 35,40 and 44 of Article 71, and 72-0502.
2. LEGISLATIVE OBJECTIVES
The overarching legislative objective of ECL Article 27 as it relates to solid waste management is found in ECL Section 27-0703, authorizing the department to:
Adopt and promulgate, amend and repeal rules and regulations governing the operation of solid waste management facilities. Such rules and regulations shall be directed at the prevention or reduction of (a) water pollution, (b) air pollution, (c) noise pollution, (d) obnoxious odors, (e) unsightly conditions, caused by uncontrolled release of litter, and (f) infestation of flies and vermin, and other conditions inimical to the public health, safety, and welfare. In promulgating such rules and regulations, the department shall give due regard to the economic and technological feasibility of compliance therewith. Any rule or regulation promulgated pursuant hereto may differ in its terms and provisions as between particular types of solid waste management facilities and as between particular areas of the state.
3. NEEDS AND BENEFITS
The last comprehensive revisions to the regulations governing solid waste management in New York State occurred 20 years ago in 1993. Many changes in law and technology have occurred in that time period that dictate the need for an overhaul of the regulations at this time. In the last two decades the Department has gained significant knowledge on the proper technical criteria for these facilities and this knowledge needs to be reflected in the regulations.
For landfills and other solid waste management facilities, updating the regulatory criteria does not mean more stringent criteria in all cases. If Department research and experience has found that a current regulatory requirement is too stringent, the proposed revision will justifiably lessen the burden on the regulated community. In all cases, the goal of the revisions is to ensure that the citizens of New York State are protected by the most up to date and appropriate solid waste management regulations.
Existing Part 361, Siting of Industrial Hazardous Waste Facilities, will be renumbered Part 377. Existing Parts 362 and 363 are antiquated regulations which are no longer needed. Existing 6 NYCRR Part 369 Municipal Waste Reduction and Recycling Projects regulation is proposed to be repealed and replaced with Part 369 State Assistance Projects.
The proposal includes significant reorganization and subdivision of requirements contained in the existing 6 NYCRR Part 360 into a Part 360 series, which will include:
Part 360 General Requirements
Part 361 Material Recovery Facilities
Part 362 Combustion, Thermal Treatment, Transfer, and Collection Facilities
Part 363 Landfills
Part 365 Biohazard Waste Management Facilities
Part 366 Local Solid Waste Management Planning
Part 369 State Assistance Projects
In addition, the proposal also repeals and replaces existing 6 NYCRR Part 364 Waste Transporter Permits regulations to incorporate legal and policy developments and experiences gained since the last major revision of these regulations.
Many new or expanded solid waste management facilities, particularly recycling facilities and landfills, have been constructed since the last comprehensive revision in 1993, providing the Department with experience in applying those regulations. This experience has demonstrated that many areas of the regulations would benefit from revision, clarification, or modification to allow for new, technically appropriate alternatives to the design and operation criteria for solid waste management facilities found in the existing regulations, and to streamline the regulatory process.
4. COSTS
For a limited number of facilities, such as mulch facilities, the proposed regulations will result in some additional costs for regulated parties, including local governments. For most facilities, no significant change from the current regulatory program costs is anticipated.
Cost to Industry:
The majority of the action is derived from the current regulatory program as presented in existing Part 360 and various Department policies and actions which set forth Department interpretation of its authority and responsibility under the ECL to regulate solid waste management facilities in an environmentally protective manner. For the majority of involved industries the costs associated with complying will be similar or less than the costs currently incurred.
Costs to the Department and the State:
The cost to the State lies within the Department, for implementation and administration of the regulatory program. Since this is an existing regulatory program, it is not expected to be a significant increased cost to the Department.
Costs to Local Governments:
This proposal will not impose any direct costs on local governments in general. However, local governments who own and operate solid waste management facilities such as landfills may incur additional or reduced costs associated with the revised rulemaking. With respect to solid waste management planning, no additional costs are anticipated and the proposed revisions are expected to result in a reduction of municipal expenses and staff time necessary in the preparation of LSWMPs and LSWMP updates.
5. LOCAL GOVERNMENT MANDATES
The proposal does not directly mandate the expenditure of funds by any sector of local government. The rulemaking primarily updates existing regulatory criteria applicable to solid waste management facilities. If a local government or small business owns and operates a solid waste management facility, the costs associated with revisions to criteria for that facility apply, as discussed in Section 4. The proposed rulemaking is not expected to negatively affect local governments.
6. PAPERWORK
The proposed rulemaking does not impose additional paperwork requirements for the majority of regulated entities. Transporters of C&D debris, historic fill and commercial waste will be required to register under Part 364 and comply with reporting requirements. The proposed regulations include criteria to reduce the burden of paperwork by reducing the quantity of information that must be submitted with permit applications and annual reports. Also, the proposed regulations allow electronic submissions whenever possible to ease the transfer of data and information. The Department intends to develop new forms to simplify and standardize electronic reporting requirements to ease the paperwork requirements imposed by the proposed regulations.
7. DUPLICATION
The proposed regulations are not intended to duplicate any other federal or State regulations or statutes. There is no federal regulatory program covering most of the facilities governed by Parts 360-365, 366 or 369.
8. ALTERNATIVE APPROACHES
The Department examined the “no-action” alternative, which would be to continue its present method of administering the solid waste management regulatory program. This program consists of existing Parts 360, 364 and 369, Division guidance memoranda, program policies, and interpretation of Division memoranda on solid waste management issues and topics. Continuing this approach would provide the Department with a wide degree of administrative discretion and allow for rapid changes in management to account for recent advances in solid waste management. However, this approach may result in inconsistent application of the program across the State due to variations in the interpretation of Part 360 where other department guidance is not available. Additionally, the rulemaking is one of the key recommendations of the State Solid Waste Management Plan. For these reasons, the no-action alternative was rejected.
The rulemaking has been the subject of both extensive internal review and public review and discussion for several years. The result of this process is the subject proposed rulemaking that the Department considers protective of environmental resources in a manner that limits the cost to the regulated community. In many cases, the cost to adhere to the regulatory criteria has been reduced without any reduction in environmental protection.
9. FEDERAL STANDARDS
As stated above, there are no federal regulations for most of the facilities contained in the proposed rulemaking. The current and proposed regulations for landfills and biosolids recycling exceed the federal regulatory framework found in 40 CFR Part 258 and 503, respectively.
10. COMPLIANCE SCHEDULE
For new facilities, compliance will be required upon adoption of the final rule. For existing facilities, transition provisions are specified in proposed Section 360.4.
11. INITIAL REVIEW OF RULE
The Department will conduct an initial review of the rule within 3 years as required by SAPA § 207.
Regulatory Flexibility Analysis
The proposed rulemaking will modify the Department of Environmental Conservation’s (Department) existing regulations governing a broad array of solid waste management activities including the transportation of waste, local solid waste management planning, and funding of costs associated with solid waste management, as well as the design and operation of solid waste management facilities.
1. EFFECT OF RULE:
The proposed rulemaking is not expected to negatively affect small business and local governments. The rulemaking primarily updates existing regulatory criteria applicable to solid waste management facilities. If a local government or small business owns and operates a solid waste management facility, the costs associated with revisions to criteria for that facility apply.
2. COMPLIANCE REQUIREMENTS:
The proposed rulemaking does not impose additional paperwork requirements for the regulated community. The proposed regulations include criteria to reduce the burden of paperwork by reducing the quantity of information that must be submitted with permit applications and annual reports. Also, the proposed regulations allow electronic submissions whenever possible to ease the transfer of data and information.
This proposed rulemaking will not directly impose any significant service, duty or responsibility upon any county, city, town, village, school district, fire district or small business. This proposal does not directly mandate the expenditure of funds by any sector of local government.
3. PROFESSIONAL SERVICES:
The need for additional professional services for small businesses and local governments is not anticipated. If a local government or small business is currently operating a solid waste management facility, they may already employ professional services to facilitate the operation of that facility and compliance with the regulatory requirements. The proposed revisions to the regulatory criteria are not expected to increase the level of professional services needed by those entities.
4. COMPLIANCE COSTS:
The proposed rulemaking does not impose additional paperwork requirements for most small businesses and local governments who operate solid waste management facilities or waste transportation businesses except for commercial waste transportation in quantities greater than 2000 pounds, and construction and demolition debris in quantities greater than 10 cubic yards. These transporters will be required to register and comply with reporting requirements under Part 364. However, the proposed regulations include criteria to reduce the burden of paperwork by reducing the quantity of information that must be submitted with permit applications and with annual reports. Also, the proposed regulations allow electronic submissions whenever possible to ease the transfer of data and information. The Department intends to develop new forms to simplify and standardize electronic reporting to ease the paperwork requirements imposed by the proposed regulations. Therefore, there will be no increase in cost for reporting.
This proposal will not impose any direct costs on small businesses or local governments. However, local governments and small businesses may own and operate solid waste management facilities or operate a waste transportation businesses. If a small business or local government owns and operates a solid waste management facility or waste transportation business, the costs associated with compliance with the revised rulemaking, including cost savings, are described below, organized by Part. As outlined below, in some cases the revisions will reduce cost associated with compliance. In others, the cost may increase.
Part 360 General Requirements:
Clarification of criteria for beneficial use determinations will help small businesses and local governments determine if their waste could be used in a beneficial manner, which could lead to cost savings through the sale of additional reused material.
Specifying criteria for the use of dredged materials will facilitate the use of appropriate materials and reduce the significant cost associated with disposal.
Part 361 Material Recovery Facilities:
An exemption for small scale food scrap composting will reduce the cost of management. An increasing the size threshold of a facility requiring registration related to food scraps will have a similar positive effect.
New standards for the management of wood debris may result in increased cost to a municipality or private firm due to the need for additional land for the quantity of material managed since pile size restrictions are included in the criteria. However, these criteria are not expected to affect most municipalities that have piles of mulch because they do not handle a significant amount of material.
The registration criteria for used cooking oil and yellow grease will result in decreased costs to a small facility owner since they will not incur the cost of obtaining a permit.
Part 362 Combustion, Thermal Treatment, Transfer and Collection Facilities:
Permitted transfer facilities from which waste is transported out of state and municipal solid waste processing facilities must install and operate a fixed radiation detection unit at a location appropriate for the monitoring of all incoming waste. The cost of purchasing this equipment ranges from $5,000-$7,000 per unit. The cost of maintenance, including calibration is expected to be $2,000-$3,000 annually.
The registration for the combustion of limited amounts of waste tires, unadulterated wood, used cooking oil and yellow grease under prescribed conditions will result in decreased costs for a small facility owner since they will not incur the cost of obtaining a permit.
Part 363 Landfills:
Elimination of the requirement to submit a site selection report for new landfill construction will result in cost savings of tens of thousands of dollars to landfill owners in preparation of this report.
The requirement for adding electrical resistivity testing on the upper and lower liner system as part of a Construction Quality Assurance (CQA) Plan will add cost to the construction of new landfill cells. Costs associated with the requirement are expected to be between $2,000-$3,000 per acre of geomembrane tested.
The regulations require all landfills that receive municipal solid waste to install and operate a fixed radiation detection unit at a location appropriate for the monitoring of all incoming waste. The cost of purchasing this equipment ranges from $5,000-$7,000 per unit. The cost of maintenance, including calibration is expected to be between $2,000-$3,000 annually.
The requirement for active collection and destruction of landfill gas for all new MSW landfills and for subsequent development at existing MSW landfills will likely result in increased cost to two small existing municipal landfills in the state which currently do not conduct active collection and destruction of landfill gas if they choose to expand.
Part 364 Waste Transporters:
There may be an increased cost for transporters that will be required to register and comply with recordkeeping and reporting requirements. There are no fees associated with registration, only minor costs associated with the completion of tracking forms and the completion and submission of an annual report similar to registered facilities.
There will be a decrease in the cost of compliance for small transporters of regulated solid waste. The amount of material that can be transported without a permit will be increased from 500 to 2000 pounds. Those transporters that mange between 500 and 2000 pounds will save the cost of permitting under the waste transporter program.
Part 365 Biohazard Waste Management Facilities:
Most generators choosing to treat RMW or other biohazard waste on-site will incur no additional costs since many, especially those based in healthcare, academic or research institutions already have autoclaves in place for processing their waste. Facilities that choose to treat waste on-site (that currently do not) may incur an initial cost increase to purchase treatment devices, but over the long term, will experience considerable cost savings over transportation and off-site processing costs.
The regulations add provisions for trauma scene waste and biohazard waste. Although these represent new costs for compliance, the Department has been working for a number of years with entities that generate these wastes to obtain voluntary compliance with these standards.
Part 366 Local Solid Waste Management Planning:
A reduction in staff time and costs related to the development and reporting requirements to a local government is expected as a result of the changes in the regulations. Small businesses are not subject to the provisions of this Part.
Part 369 State Assistance Projects:
Small businesses are not subject to the provisions of Part 369. There will be no significant change in cost to a local government located in a rural area.
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
The rulemaking has been in development for many years and has been subject to significant public review and comment. The Department has focused on revising the regulations in a manner that is technically sound and economical. The proposed regulations that apply to facilities that are currently subject to regulation and the proposed changes are not expected to significantly alter the operation or costs associated with those operations. However, changes in law and technology required the addition of new facility requirements in the regulations, such as vehicle dismantling facilities and facility types that are not currently addressed in the regulations. Addition of these facility requirements should not result in increased costs to these facilities. In some cases, the proposed regulations include reduced regulatory oversight, through expanded exemptions and registration provisions, which will reduce the costs associated with some solid waste facilities and activities.
6. MINIMIZING ADVERSE IMPACTS:
The proposed rulemaking is not expected to have adverse impacts on local governments or small businesses in New York State. The updated regulatory criteria for solid waste facilities, such as landfills, are not expected to significantly change the cost of the operation of that facility. Therefore, the residents and businesses will not see an increase in the cost of solid waste management due to the rulemaking.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
The proposed rulemaking has been in development for many years. During that time period, the Department has published draft regulations, accepted and evaluated public comments, given public presentations on draft criteria in numerous venues, and met with potentially affected parties. Those solid waste facilities and other affected parties have been solicited for input on the proposed revisions.
8. CURE PERIOD OR OTHER OPPORTUNITY FOR AMELIORATIVE ACTION:
Pursuant to SAPA 202-b(1-a)(a) and (b), the proposed rulemaking includes transition provisions that provide adequate time for regulated parties to come into compliance with any new provisions. Otherwise there is no such cure period included in the rule because of the potential for adverse impacts on human health and the environment. Cure periods for the illegal management or disposal of solid waste are neither desirable nor recommended as compliance is required to ensure the general welfare of the public and the environment is protected.
9. INITIAL REVIEW OF RULE:
The Department will conduct an initial review of the rule within three years as required by SAPA § 207.
Rural Area Flexibility Analysis
The proposed rulemaking will modify the Department of Environmental Conservation’s (Department) existing regulations governing solid waste management activities including facilities, waste transporters, local solid waste management planning, and state assistance projects. Since the last revision in 1993, there have been technological, legal, and policy changes that need to be reflected in the regulations. Solid waste management covers a variety of activities, including regulated medical waste and biohazard waste treatment, in addition to landfills and other facilities that are commonly associated with waste management. The Department does not expect the revisions to have a negative economic impact on rural areas.
1. TYPES AND NUMBERS OF RURAL AREAS AFFECTED
The proposed revisions apply statewide, including rural areas of the state. All areas of the state, including rural areas, generate solid waste and will be affected directly or indirectly by the proposed rulemaking.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS
The proposed rulemaking does not impose additional paperwork requirements for the majority of facilities affected by this rulemaking, including facilities located in rural areas. The current regulations require annual reports from most solid waste management facilities, and these requirements continue under the proposed regulations. However, the proposed regulations include criteria to reduce the burden of paperwork by reducing the quantity of information that must be submitted with permit applications and annual reports. Also, the proposed regulations allow electronic submissions whenever possible to ease the transfer of data and information. The Department intends to develop new forms to simplify and standardize electronic reporting to ease the paperwork requirements imposed by the proposed regulations.
The proposed rulemaking will not directly impose any significant service, duty or responsibility upon any county, city, town, village, school district or fire district in a rural area. This proposal does not directly mandate the expenditure of funds by any sector of local government.
If a local government in a rural area chooses to own and operate a solid waste management facility in the State, the proposed rulemaking may require the additional expenditure of funds to comply with the requirements of Parts 360, 361, 362, 363, and 364, which govern those solid waste facilities.
3. COSTS
This proposal will not impose any direct costs on rural areas. However, rural area governments may own and operate solid waste management facilities such as transfer facilities and landfills. If a local government owns a solid waste management facility, the costs associated with compliance with the revised rulemaking are addressed below, organized by Part:
Part 360 General Requirements:
Clarification of criteria for beneficial use determinations will help local governments determine if their waste could be used in a beneficial manner, which could lead to cost savings.
Specifying criteria for the use of navigational dredged materials will facilitate the use of appropriate materials and reduce the significant cost associated with disposal.
Part 361 Material Recovery Facilities:
An exemption for small-scale food scrap composting is included that will promote additional recycling and reduce the cost of management. An increase in the size threshold of a facility requiring registration related to food scraps will have a similar positive effect.
New standards for the management of wood debris and yard trimmings may result in increased cost to a municipality or private firm due to the need for additional land for the quantity of material managed since pile size restrictions are included in the criteria. However, these criteria are not expected to affect most municipalities that have piles of mulch because they do not handle a significant amount of material.
The registration criteria for used cooking oil and yellow grease will result in decreased costs for a small facility owner since they will not incur the cost of obtaining a permit.
Part 362 Combustion, Thermal Treatment, Transfer and Collection Facilities:
Permitted transfer facilities from which waste is transported out of state and municipal solid waste processing facilities must install and operate a fixed radiation detection unit at a location appropriate for the monitoring of all incoming waste. The cost of purchasing this equipment ranges from $5,000-$7,000 per unit. The cost of maintenance, including calibration is expected to be $2,000-$3,000 annually.
The registration for the combustion of limited amounts of waste tires, unadulterated wood, used cooking oil and yellow grease under prescribed conditions will result in decreased costs for a small facility owner since they will not incur the cost of obtaining a permit.
Part 363 Landfills:
Elimination of the requirement to submit of a site selection report for new landfill construction will result in cost savings of tens of thousands of dollars to landfill owners in preparation of this report.
The requirement for adding electrical resistivity testing on the upper and lower liner system as part of a Construction Quality Assurance (CQA) Plan will add cost to the construction of new landfill cells. Costs associated with the requirement are expected to be $2,000-$3,000 per acre of geomembrane tested. Based on the known improvement gained in construction quality and liner system performance, it makes sense to perform these evaluations routinely. The cost of performing the electrical resistivity testing on both upper and lower landfill liners will be borne by the landfill owner as part of the cost of constructing a landfill, but is a small fraction of the overall cost of constructing the entire landfill. Liner integrity testing will help pinpoint defects before construction continues. This will reduce defects overall and will reduce the cost of defect repairs. Furthermore, over 50% of the recent landfill construction projects statewide have been utilizing leak detection and location technology in constructing the upper liner system with good results.
The regulations require all landfills that receive municipal solid waste to install and operate a fixed radiation detection unit at a location appropriate for the monitoring of all incoming waste. The cost of purchasing this equipment ranges from $5,000-$7,000 per unit. The cost of maintenance, including calibration is expected to be $2,000-$3,000 annually. Installation of radiation detectors at these facilities is the only means to ensure that radioactive waste will not be disposed of at landfills in the state.
The requirement for active collection and destruction of landfill gas for all new MSW landfills and for subsequent development at existing MSW landfills will likely result in increased cost to two small existing municipal landfills in the state which currently do not conduct active collection and destruction of landfill gas if they were to choose to expand. The actual cost of installing, operating, and maintaining a gas collection system varies depending on the size of a landfill. The average capital cost of landfill gas collection systems at municipal solid waste landfills in New York State, including wells, wellheads, pipe collection system, blower, knockout, and flare has been approximately $43,650 per acre. This is greater than the USEPA estimate of $27,667 per acre. Because the landfill gas management state assistance program, which is available to municipally-owned landfills, is a reimbursement system, the entire capital costs must be initially borne by the municipal landfill owner, with 50 percent (up to $2,000,000) eventually reimbursed to the municipality by the State. Annual operating costs can be up to $75,000. These costs do not include any additional expenses that would be required in order to purchase the equipment necessary to generate electricity and hook up to the electrical grid, nor do they take into account any revenues that may be realized by generating electricity.
Part 364 Waste Transporters:
There may be an increased cost for transporters that will be required to register and comply with recordkeeping and reporting requirements. There are no fees associated with registration, only minor costs associated with the completion of tracking forms and the completion and submission of an annual report similar to those now prepared by registered facilities.
There will be a decrease in the cost of compliance for small transporters of regulated solid waste. The amount of material that can be transported without a permit is increased from 500 to 2000 pounds. Those transporters that mange between 500 and 2000 pounds will save the cost of permitting under the waste transporter program.
Part 365 Biohazard Waste Management Facilities:
Most generators choosing to treat RMW or other biohazard waste on-site will incur no additional costs since many, especially those based in healthcare, academic or research institutions already have autoclaves in place for processing their waste. Facilities that choose to treat waste on-site (that currently do not) may incur an initial cost increase to purchase treatment devices, but over the long term, will experience considerable cost savings over transportation and off-site processing costs.
The regulations add provisions for trauma scene waste and biohazard waste. Although these represent new costs for compliance, the Department has been working for a number of years with entities that generate these wastes to obtain voluntary compliance with these standards.
Part 366 Local Solid Waste Management Planning:
A reduction in staff time and costs related to the development and reporting requirements to a local government is expected as a result of the changes in the regulations.
Part 369 State Assistance Projects:
The majority of the action is derived from the present regulatory program as presented in existing Parts 360, 364 and 369 as well as various Department policies and actions which set forth Department interpretation of its authority and responsibility under the ECL to regulate solid waste management facilities in an environmentally protective manner. In most cases, therefore, the ultimate costs associated with complying with the existing regulatory program will be similar to those for the program established under the action.
4. MINIMIZING ADVERSE IMPACTS
The proposed rulemaking is not expected to have adverse impacts on rural areas of New York State. The updated regulatory criteria for solid waste facilities, such as landfills, that may be located in a rural area, are not expected to significantly change the cost of the operation of that facility. Therefore, the rural area residents will not see an increase in the cost of solid waste management due to the rulemaking.
5. RURAL AREA PARTICIPATION
The proposed rulemaking has been in development for many years. During that time period, the Department has published draft regulations, accepted and evaluated public comments, given public presentations on draft criteria in numerous venues, and met with potentially affected parties. Those solid waste facilities and other affected parties in rural areas have been solicited for input on the proposed revisions.
6. INITIAL REVIEW OF RULE
The Department will conduct an initial review of the rule within three years as required by SAPA § 207.
Job Impact Statement
The New York State Department of Environmental Conservation (Department) proposes to revise 6 NYCRR Parts 360-366 and 369. The regulations will apply statewide. The Department does not expect the proposed regulations to have a negative impact on jobs and employment opportunities in the state.
The proposed rules will update the existing regulations that relate to solid waste management facilities, waste transportation, local solid waste management planning, and state assistance in relation to solid waste management. Many new or expanded solid waste management facilities, particularly recycling facilities and landfills, have been constructed since the last comprehensive revision in 1993, providing the Department with experience in applying those regulations. This experience has demonstrated that many areas of the regulations would benefit from revision, clarification, or modification to allow new, technically appropriate alternatives to the design and operation criteria for solid waste management facilities found in the existing regulations, and to streamline the regulatory process.
1. NATURE OF IMPACT
As mentioned above, the Department does not expect the proposed regulations to have a negative impact on jobs and employment. The proposed regulatory revisions amend regulations that have been in place for more than 20 years. For the majority of the criteria in the proposed rule, there will be little or no impact on economic activity.
2. CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OPPORTUNITIES AFFECTED
The proposed regulations themselves will not negatively affect employment opportunities. Although it is difficult to predict the number of facilities and jobs that will be gained as a result of the rulemaking, a few hundred new jobs statewide are likely.
3. REGIONS OF ADVERSE IMPACT
There are no regions of the State expected to be negatively impacted from the proposed rules. Revisions to the solid waste management regulations are intended to modernize the regulations, to reflect current industry practices and address new facility types that have begun operating since the last comprehensive revision in 1993. The revisions include reduced regulatory burden on some food scrap composting facilities.
4. MINIMIZING ADVERSE IMPACT
The proposed rules are not expected to have an adverse impact on jobs and employment. The Department already regulates the solid waste management activities covered by the proposed rules. For most facilities and activities, the proposed revisions will have no impact on jobs and employment.
5. SELF-EMPLOYMENT OPPORTUNITIES
The proposed rules are not expected to impact self-employment opportunities.
6. INITIAL REVIEW OF RULE
The Department will conduct an initial review of the rule within three years as required by SAPA § 207.
