To extend a ban of open burning to all household waste and most agricultural wastes, and eliminate permit requirements for types of open burning that will be allowed.
Public hearing(s) will be held at:
5:00 PM – 8:00 PM, June 23, 2008 at Cortlandville Fire Department, 999 Rte. 13, Cortland, NY; 5:00 PM – 8:00 PM, June 24, 2008 at Norrie Point Environment Center, Margaret Lewis Norrie State Park, 256 Norrie Point Way, Staatsburg, NY; 9:30 AM – 12:00 PM, June 25, 2008 at Department of Environmental Conservation, Central Office, 625 Broadway, Public Assembly Rm. 129, Albany, NY; 5:00 PM – 8:00 PM, June 25, 2008 at Department of Environmental Conservation, Central Office, 625 Broadway, Public Assembly Rm. 129, Albany, NY; 5:00 PM – 8:00 PM, June 26, 2008 at Harrietstown Town Hall, Main St. and Lake Flower Ave., Saranac Lake, NY; 5:00 PM – 8:00 PM, June 30, 2008 at Dulles State Office Bldg., 1st Fl. Auditorium, 317 Washington St., Watertown, NY; and 5:00 PM – 8:00 PM, July 2, 2008 at Genesee Community College, College Dr., Conable Technology Bldg., Rm. T102, Batavia, NY.
Accessibility:
All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.
Interpreter Service:
Interpreter services will be made available to deaf 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.
Text of proposed rule:
Existing Part 215 is repealed.
A new Part 215 is added as follows:
6 NYCRR Part 215, Open Fires
Section 215.1 Definitions.
(a) Open Fire — Any outdoor fire or outdoor smoke producing process from which air contaminants are emitted directly into the outdoor atmosphere. Open fires include burning in barrels or modifications thereof. Open fires do not include burning in outdoor furnaces or boilers that are used to heat buildings when the devices are actually used for such purpose.
(b) Agricultural Land — The land and on-farm buildings, equipment, manure processing and handling facilities, and practices that contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a ‘commercial horse boarding operation’ and ‘timber processing’. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other.
(c) Camp Fire — any outdoor open fire less than three feet in height, length and width or diameter.
(d) Agricultural Waste — Any waste from naturally grown products such as vines, trees and branches from orchards, leaves and stubble. Agricultural waste does not include pesticide containers, fertilizer bags, large plastic storage bags (including bags commonly known as “Ag bags”), offal, tires, plastic grain bags, and other plastic or synthetic materials.
(e) Acquired Structure — A structure donated or loaned from a property owner for the purpose of conducting fire training.
Section 215.2 Prohibitions.
Except as permitted by section 215.3 of this Part, no person shall burn, cause, suffer, allow or permit the burning of any materials in an open fire.
Section 215.3 Exceptions and restricted burning.
Burning in an open fire, provided it is not contrary to other law or regulation, will be allowed as follows:
(a) Barbecue grills, maple sugar arches, and similar outdoor cooking devices when actually used for cooking or processing food.
(b) Small fires for cooking and camp fires provided that only charcoal or natural untreated wood is used as fuel and the fire is not left unattended until extinguished.
(c) On-site burning of agricultural wastes as part of a valid agricultural operation on contiguous agricultural lands larger than five acres actively devoted to agricultural or horticultural use, provided such waste is actually grown on those lands and such waste is capable of being fully burned within a 24-hour period.
(d) The use of liquid petroleum fueled smudge pots to prevent frost damage to crops.
(e) Ceremonial or celebratory bonfires where not otherwise prohibited by law, provided that only natural untreated wood or other agricultural products are used as fuel and the fire is not left unattended until extinguished.
(f) Small fires that are used to dispose of a flag or religious item, and small fires or other smoke producing process where not otherwise prohibited by law that are used in connection with a religious ceremony.
(g) Burning on an emergency basis of explosive or other dangerous or contraband materials by police or other public safety organization.
(h) Prescribed burns performed according to Part 194 of this Title.
(i) Fire training, including firefighting, fire rescue, and fire/arson investigation training, performed under applicable rules and guidelines of the New York State Department of State's Office of Fire Prevention and Control. For fire training performed on acquired structures, the structures must be emptied and stripped of any material that is toxic, hazardous or likely to emit toxic smoke (such as asbestos, asphalt shingles and vinyl siding or other vinyl products) prior to burning and must be at least 300 feet from other occupied structures. No more than one structure per lot or within a 300 foot radius (whichever is bigger) may be burned in a training exercise.
(j) Individual open fires as approved by the Director of the Division of Air Resources as may be required in response to an outbreak of an animal disease upon request by the Commissioner of the Department of Agriculture and Markets.
(k) Individual open fires that are otherwise authorized under the environmental conservation law, or by rule or regulation of the Department.
6 NYCRR Part 191, Forest Fire Prevention
Sections 191.1 and 191.5 are repealed
Sections 191.2–191.4 are renumbered to be sections 191.1–191.3
6 NYCRR Part 621, Uniform Procedures
Subdivision (g) of section 621.1 is amended to read as follows:
(g) Air Pollution Control, ECL article 19, (implemented by 6 NYCRR Parts 201, 203, [215,] and 231): including construction and operation of a new emission source or a modification to an existing emission source of air contamination, and construction of indirect sources of air contamination [and restricted open burning for air pollution control purposes (Note: permits for restricted open burning for the purpose of forest fire control, under authority of section 9-1105 of the Environmental Conservation Law and 6 NYCRR Part 191, are not subject to this Part)];
Text of proposed rule and any required statements and analyses may be obtained from:
Robert Stanton, P.E., Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8403, e-mail: 215fires@gw.dec.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
5:00 p.m., July 10, 2008
Additional matter required by statute:
Pursuant to Article 8 of the State Environmental Quality Review Act, a Short Environmental Assessment Form, a Negative Declaration and a Coastal Assessment Form have been prepared and are on file. This rule must be approved by the Environmental Board.
Regulatory Impact Statement
STATUTORY AUTHORITY
The statutory authority for these regulations is found in the Environmental Conservation Law (ECL) Sections 1-0101, 3-0301, 9-0105, 9-1103, 19-0103, 19-0105, 19-0301, 19-0303, 19-0305, 70-0707, 71-2103 and 71-2105. These sections include provisions for the civil and criminal enforcement of Article 19 of the ECL.
LEGISLATIVE OBJECTIVES
It is the declared policy of the state of New York, as pronounced by the Legislature in the ECL, to maintain a reasonable degree of purity of the air resources of the State consistent with the public health and welfare and the public enjoyment and the protection of physical property and other resources. That policy requires the use of all available practical and reasonable methods to prevent and control air pollution in the State of New York. The Department of Environmental Conservation (department) has the power, as provided for in the ECL, to formulate, adopt and promulgate, amend and repeal codes and rules and regulations for preventing, controlling or prohibiting air pollution in a manner consistent with that policy. In furtherance of that policy and the Legislature's objectives, the proposed rule revision will further limit toxic emissions and be protective of public health by prohibiting the open burning of residential solid waste and yard waste in all cities, villages and towns across the State. With this proposed rule, there are some exceptions to address the needs of rural agricultural communities, local fire departments (for fire training exercises), and law enforcement officials. Existing 6 NYCRR Part 215 only prohibits the burning of “rubbish” in cities, villages and towns with populations greater than 20,000 and burning of land clearing debris for construction and yard waste.
NEEDS AND BENEFITS
The department was granted specific powers by the Legislature to prevent forest fires in the state. In furtherance of these objectives, the proposed rule revisions to Part 191 clarify that mission and make it consistent with the revisions to Part 215. The elimination of the Part 191 permit scheme requires the deletion of the reference to it in Part 621. Part 191 will be eliminated because the original purpose of this rule (and the permit system associated with it) was to alert Forest Rangers in fire towers that the smoke from a planned fire was not a forest fire, and therefore did not require emergency response. The fire tower program no longer exists since more modern methods of forest fire detection have evolved.
Part 215 is being revised to update regulatory requirements in regard to open fires and open burning. The composition of the residential solid waste generated today differs significantly from 30 years ago when the current Part 215 was promulgated. Plastics and other types of synthetic packaging of consumer products are a large part of today's waste stream. Smoke or emissions containing toxic compounds and particles is released into the air by the burning or combustion of plastics and other synthetic materials. The smoke from so-called burn barrels or backyard burning is often released from a smoldering fire, with little dispersion and at ground level, where people can easily breathe it. Exposure to this smoke may cause eye and nose irritation, coughing, nausea, headaches or dizziness. It may also trigger asthma attacks, aggravate heart and lung problems and increase the risk of other chronic health problems upon repeated exposure. The chance of developing health effects depends upon the type, amount and duration of exposure.1
In addition to the smoke, the ash produced may contain toxic compounds that persist in the environment and contaminate the soil. Open fires also have an effect on the safety of New Yorkers and their property. In a typical year, a significant cause of wildfires in New York State is burning debris from open fires. Finally, in addition to the recognized public health impact, the smoke and odors from backyard burning present a serious quality of life issue by unreasonably interfering with an individual's comfortable enjoyment of life or property. The department's regional offices receive numerous complaints regarding smoke and odors from backyard burning.
Inappropriate Fuels
The primary issue in the combustion of residential solid waste is inappropriate fuels including materials such as garbage, glossy or colored papers (e.g., Sunday comics), bleached papers, plastics, polystyrene (such as foam cups), natural or synthetic rubber, chemical and pressure-treated wood, heavy oils, asphalt, tar, etc. Heavy metals such as arsenic can be released in the smoke or remain in the ash when chromium-copper-arsenate pressure-treated wood is burned. Other toxic metals including lead, nickel and chromium may be also found in the ash depending upon the composition of the residential waste. Dioxins and related compounds can form when materials containing chlorine, such as plastics or wood treated with pentachlorophenol are burned.2 These compounds are produced by the low temperatures and incomplete combustion which is typical of backyard burning. Obviously there are no controls on an open fire which can minimize the release of these compounds as is the case with municipal solid waste incinerators. In fact, a study conducted by USEPA, NYSDOH and the department determined that uncontrolled backyard burning of 10 pounds of trash a day produced as much air pollution as the burning of 400,000 pounds a day in a well-controlled waste incinerator.3
Potential Health Impacts from Exposure to Smoke from Open Fires
Smoke and ash from open fires contains several toxic compounds including dioxins, particulate matter (PM), polycyclic aromatic hydrocarbons (PAH), heavy metals, benzene, formaldehyde, styrene, hydrogen chloride, hydrogen cyanide, and hexachlorobenzene. A summary of the potential health effects from some of these compounds is presented in the following paragraphs.
Dioxin
Open burning is a major source of uncontrolled dioxin. According to the EPA, for the years 2002–2004, backyard burning accounted for 57 percent of the US emissions of dioxins and furans, both known carcinogens that persist in the human body and the environment. Studies have linked dioxin exposure to adverse reproductive and developmental effects, suppression of the immune system, disruption of hormonal systems, and cancer.4 Dioxins are persistent and bioaccumulative compounds that remain in the environment and can build up in the food chain. Dioxins can accumulate in the fat found in meat, fish, and dairy products. Exposure to dioxin can occur when foods are eaten that have been contaminated by dioxin; for example, when backyard burning has contaminated fruits and vegetables grown in gardens or farm animals grazing upon contaminated feed or soil near burn barrels.
Particulate Matter (PM)
The 1997 EPA study evaluation of the emissions from the open burning of household waste in barrels found that PM emissions were significant (19 grams per kilogram of refuse burned) especially when compared to the emissions of a modern, well-controlled incinerator. Almost all of the PM emissions were <2.5 5m in diameter.5 Due to their size, PM-2.5 particles can by-pass the filtering mechanisms of the human respiratory system and can travel deep in to the lungs. Toxic compounds such as PAHs can adsorb onto fine particulates.6 Short-term affects from exposure to PM-2.5 include eye, nose and throat irritation, and can cause coughing, sneezing and shortness of breath. Further, short-term exposures can worsen existing medical conditions such as heart disease and asthma.7 Long-term or chronic exposures to PM-2.5 can lead to bronchitis and increased risk of lung cancer or heart disease. Exposure to particulate matter has been directly linked with a variety of health effects, including increased risks of cardiopulmonary diseases. This increase may result in additional emergency room visits and hospitalizations as well as increased school and work absenteeism. Children, the elderly, people with preexisting cardiovascular or respiratory diseases, such as asthma, and others who are active outdoors are at risk to exposures to PM-2.5.8
PAHs
PAHs are a group of naturally-occurring substances formed during the incomplete burning of coal, fuel oil, gas, wood, or other carbon-containing compounds. There are over 100 compounds in this pollutant group. PAHs are commonly found in particulate matter released from backyard burning. Some PAHs are believed to be human carcinogens.9
Carbon Monoxide
Exposures to low levels of carbon monoxide can cause serious health concerns to people with heart disease, including chest pain or limiting a person's ability to exercise.10
Benefits of the Proposed Rule
The primary benefit of the proposed rule, if promulgated, would be a significant improvement in health and quality of life for those impacted by smoke from a neighbor's burn barrel.
The benefit of revising Part 191 will be to eliminate a permit scheme that is no longer needed. The revised Part 215 bans outdoor burning, with some exceptions, thereby eliminating the need for the permits.
The benefit of revising Part 621 is to remove what would otherwise be a confusing, as well as obsolete, reference to Part 191.
COSTS
The following is an estimate of the costs to implement Part 215, Part 191 and Part 621. 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 Individual:
For those who currently dispose of their household trash by burning it in an open fire, there will be some costs for proper disposal of their household refuse. Some individual households will choose to have their refuse picked up by a waste hauler at their homes. The cost of household refuse pickup varies, but typical amounts range from $20.00 – $80.00 per month. Other households will choose to drop off their refuse at the local landfill or transfer station. According to the department's Division of Solid and Hazardous Materials, a survey of rural counties across New York State found the average per bag (approximately 30 gallons) disposal rate at transfer stations ranged from $1.00 to $3.00 per bag. Assuming a two bag per week average, this represents a cost of $104.00 to $312.00 per year. Transfer stations may also charge an annual fee for a permit. This cost could be as much as $100.00 per year. Combining all these costs gives us an average range of $104.00 to $412.00 per household per year.
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.
There will likely be a need for more employees (or employee hours) at rural solid waste transfer stations and at private waste haulers. Rural solid waste transfer stations are usually small facilities where residents bring their refuse, leaves, brush and recyclables. They typically consist of a few roll-off containers into which residents deposit their wastes. When the containers are full, they are carted off to a permitted, composite lined solid waste landfill.
Due to the potential increase in the amount of household waste, brush, and land clearing debris, communities may need to upgrade these transfer facilities. Most rural transfer stations are located on adequate land for expansion; many of them being located at a former landfill which was closed under 6 NYCRR Part 360 regulations. Upgrades would primarily consist of large trash compactors for household refuse, and wood chippers or tub grinders for brush and land clearing debris. Some communities currently rent tub grinders on a weekly or monthly basis to reduce brush/limbs to wood chips or mulch. These products can in turn be given back to the residents or used in municipal landscaping projects.
There are limited exemptions for agricultural operations which should mitigate some of the costs. 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.
In addition, societal savings of health related costs in affected rural areas should more than make up for the increased costs of solid waste disposal. A single hospitalization for asthma outside of New York City costs over $8,900 and the total cost for asthma hospitalizations amounted to over $284 million in 2002.1 This does not account for other societal costs related to asthma such as medications, lost work time, etc. Even modest reductions in the rate of asthma incidence would amount to savings of millions of dollars as well as the increased quality of life for asthma sufferers.
LOCAL GOVERNMENT MANDATES
No additional record keeping, reporting or other requirements would be placed upon local governments if the revisions to Part 191, Part 215, and Part 621 are promulgated. There will be less paperwork on the part of local government entities that now process open burning permits.
DUPLICATION
No duplication or overlap exists with other rules. The changes to Parts 191 and 215 will serve to eliminate regulatory overlap.
ALTERNATIVES
The primary alternative is to leave the scheme as is, that is to do nothing. Another alternative is to merely lower the population threshold that would allow open burning. A third alternative would be to change the threshold to one of population density. None of these alternatives would be as protective of both the environment and human health as the proposed changes. Several municipalities do have open burning restrictions. The towns of Depew and Lancaster in Western New York and the county of Monroe (Rochester) have bans on all open burning. However, a state regulation insures consistency across the state (although municipal/county bans can be more stringent) and, when it comes to crafting an air pollution regulation, the Division of Air Resources has a higher level of expertise than municipalities. Other states such as New Jersey have regulations which ban “open burning for the purpose of disposal”. We prefer an option which does not require “determination of intent”. A ban on all open burning is easier to understand and enforce. In addition, the department is charged under Article 19 of the ECL with the task of setting standards that are protective of the public health.
FEDERAL STANDARDS
There are no applicable federal regulations pertaining to open burning.
COMPLIANCE SCHEDULE
Compliance will be required upon the effective date of the rule, which is 30 days after filing with the Department of State.
1 NYS DOH, “Does Burning Trash May It Disappear?” http://www. health.state.ny/environmental/outdoors/air/trash.htm
2 “Toxicological Profile for Chlorinated Dibenzo-p-Dioxins”, U.S. Department of Health and Human Services, Public Health Service, Agency for Toxic Substances and Disease Registry, December 1998. Page 3.
3 Lemieux, P.M. Evaluation of Emissions from the Open Burning of Household Waste in Barrels, Vol. 1; Technical Report EPA-600/R-97-134a (NTIS PB98-127343); U.S. Government Printing Office: Washington, D.C., November 1997.
5 Lemieux, P.M. Evaluation of Emissions from the Open Burning of Household Waste in Barrels, Vol. 1; Technical Report EPA-600/R-97-134a (NTIS PB98-127343); U.S. Government Printing Office: Washington, D.C., November 1997, page 2.
6 “Health Effects of Wood Smoke”, Washington State Department of Ecology, August 2004, page 8.
7 “Fine Particles Questions and Answers”, NYSDOH, www.health. state.ny.us/environmental/indoors/air/pmq_a.htm, page 1. Downloaded June 15, 2007.
10 “Health and Environmental Impacts of CO”, USEPA, March 6, 2007 (obtained at www.epa.gov/air/urbanair/co/hlth1.htm \l on June 25, 2007).
Regulatory Flexibility Analysis
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.
Rural Area Flexibility Analysis
The purpose of revising 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 contaminants released into the air by the combustion of those materials.
The purpose of revising Part 191 is to repeal outdated portions of the rule and portions that will become redundant if Part 215 is revised as recommended.
The purpose of revising Part 621 is to remove references to the permits required by current versions of Parts 191 and 215 that will become outdated if those rules are revised as recommended.
TYPES AND ESTIMATED NUMBER OF RURAL AREAS AFFECTED
Part 215 applies statewide. The proposed revision may have a greater impact in rural areas. Although there are no firm statistics, the Department believes that many rural residents do not properly dispose of their household trash but instead burn the trash in open fires, typically in a 55-gallon drum known colloquially as a “burn barrel.”
Section 191.1 applies in “the following areas, excepting therein within the corporation tax limits of any city or village; or in any town with a total town population, including incorporated or unincorporated areas, of greater than 10,000 people; all of Columbia County; all of Dutchess County except the town of Poughkeepsie; the town of New Bremen in Lewis County; all of Orange County; all of Putnam County; all of Rensselaer County; the towns of Brasher, Hermon, Lawrence, Russell and Stockholm in St. Lawrence County; the towns of Galway, Greenfield, Milton, Moreau, Northumberland, Providence, Saratoga and Wilton, and the city of Saratoga Springs outside the corporation tax limits, all in Saratoga County; the towns of Bethel, Callicoon, Cochecton, Delaware, Fallsburg, Forestburg, Fremont, Highland, Liberty, Lumberland, Mamakating, Thompson and Tusten, all in Sullivan County.”
Repealing this section will have no impact on local municipalities since the activity needing the 191 permit is, for the most part, being banned by the new Part 215. Those open burning activities that will continue to be authorized by the new Part 215 (campfires, ceremonial fires, explosive demolition) are not directly regulated by current ECL or 6NYCRR statutes. Municipalities may need to revise their current statutes and ordinances to further regulate those authorized activities by the new Part 215 but most will have included these types of burning in their current regulations. Implementing the new Part 215 will simplify the enforcement of open burning by making most traditional debris fires illegal. Department police officers (ECOs and Rangers) as well as state police, sheriff deputies and local police are already authorized by State Fire Code to take action (issue a ticket or make an arrest) as they deem appropriate. Fire and local code enforcement officers will also have authority to demand an open debris fire be extinguished since State Fire Code prohibits open fires that are prohibited by State laws and regulations.
COMPLIANCE REQUIREMENTS
The changes that the Department is proposing will establish a general ban on open burning with some limited exceptions. This means that no one can dispose of their trash by burning it in an open fire anywhere in the state. Currently residents of towns with populations under 20,000 are not subject to any statewide prohibition that would prevent them from burning rubbish; under the new rule this practice would be banned.
The revisions to Part 191 and Part 215 will eliminate the need for permits for those types of open fires that will still be allowed.
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 Individual:
For those who dispose of their household trash by burning it in an open fire and will no longer be able to do so under the new rule, there will be some costs for proper disposal of their household refuse. Some individual households will choose to have their refuse picked up by a waste hauler at their homes. The cost of household refuse pickup varies, but typical amounts range from $20.00 – $80.00 per month. Other households will choose to drop off their refuse at the local landfill or transfer station. According to the Departments' Division of Solid and Hazardous Materials, a survey of rural counties across New York State found the average per bag (approximately 30 gallons) disposal rate at transfer stations ranged from $1.00 to $3.00 per bag. Assuming a two bag per week average, this represents a cost of $104.00 to $312.00 per year. Transfer stations may also charge an annual fee for a permit. This cost could be as much as $100.00 per year. Combining all these costs gives us an average range of $104.00 to $412.00 per household per year.
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.
The proposed rule allows exemptions for agricultural materials. These exempted materials would include wastes which are actually grown on agricultural land such as cover crops, grape vines and orchard trimmings. However, agricultural operations that currently burn plastic materials will now be required to dispose of those materials properly. Materials that fall into this category are pesticide containers, grain bags, fertilizer bags, “ag” bags (large plastic silage bags), and other packaging. Some of these materials cannot be recycled due to contamination (by the materials they contained, such as pesticides) or to the limitations of local recycling programs which may take only certain kinds of plastic (e.g., only number one or only number two plastic). For some agricultural operations these may represent a significant amount of material, potentially hundreds or even thousands of pounds of waste material.
MINIMIZING ADVERSE IMPACTS
There are limited exemptions for agricultural operations which should mitigate some of the costs. 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.
In addition, societal savings of health related costs in affected rural areas should more than make up for the increased costs of solid waste disposal. A single hospitalization for asthma outside of New York City cost over $8,900 and the total cost for asthma hospitalizations amounted to over $284 million in 2002. This does not account for other societal costs related to asthma such as medications, lost work time, etc. Even modest reductions in the rate of asthma incidence would amount to savings of millions of dollars as well as the increased quality of life for asthma sufferers.
RURAL AREA PARTICIPATION
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.
Job Impact Statement
The purpose of revising 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.
The changes that the Department is proposing will establish a general ban on open burning with some limited exceptions. Since household trash will no longer be able to be burned by homeowners in an open fire there may be an increased opportunity for jobs in the solid waste disposal industry.
The purpose of revising Part 191 is to repeal outdated portions of the rule and portions that will become redundant if Part 215 is revised as recommended. The purpose of revising Part 621 is to remove references to the permits required by current versions of Parts 191 and 215 that will become outdated if those rules are revised as recommended.
NATURE OF IMPACT
The impact will be statewide. We have no firm number of households or individuals that may be impacted by the rule, it is estimated, however, based on an extrapolation of a study done in St. Lawrence County1, the number of households that burn their waste is thought to be in the tens of thousands. Rather than being burned, most of this waste will be placed in a landfill.
There is a potential increase in available employment associated with the proper disposal of solid waste. There will likely be a need for more employees (or employee hours) at rural solid waste transfer stations and at private waste haulers. Rural solid waste transfer stations are usually small facilities where residents bring their refuse, leaves, brush and recyclables. They typically consist of nothing more than a few roll-off containers into which residents deposit their wastes. When the containers are full, they are carted off to a permitted, composite lined solid waste landfill.
Due to the potential increase in the amount of household waste, brush, and land clearing debris, communities may need to upgrade these transfer facilities. A recent review of the Department's Division of Solid and Hazardous Materials records indicated that most rural transfer stations are located on adequate land for expansion; many of them being located at a former landfill which was closed under 6 NYCRR Part 360 Regulations. Upgrades would primarily consist of large trash compactors for household refuse, and wood chippers or tub grinders for brush and land clearing debris. Some communities currently rent tub grinders on a weekly or monthly basis to reduce brush/limbs to wood chips or mulch. These products can in turn be given back to the residents or used in municipal landscaping projects.
The Department currently has a program through which communities may receive Municipal Solid Waste Grants. These grants will reimburse fifty percent of the purchase price of wood chippers, tub grinders, or additional recycling equipment. There should be no additional costs to municipalities as any additional services they provide will be covered by the additional user fees. There may be a one-time administrative and/or engineering cost associated with upgrading the transfer stations. According to the Division of Solid and Hazardous Materials, there is no shortage of landfill space in the state, so there will be no impact on landfills.
The repeal of Sections 191.1 and 191.5 and the changes to Part 621 will eliminate permits currently required to conduct open burning. However since the revisions to Part 215 would ban most of these fires, there should be no job impacts due to the Part 191 and 621 revisions.
CATEGORIES AND NUMBERS OF JOBS OR EMPLOYMENT OPPORTUNITIES AFFECTED
While there may be an increased opportunity for jobs handling solid waste, it is difficult to determine the exact number of jobs. The amount of the increase in solid waste to be handled is thought to be a small percentage of the existing amount.
REGIONS OF ADVERSE IMPACT
None.
MINIMIZING ADVERSE IMPACT
No adverse impacts.
SELF-EMPLOYMENT OPPORTUNITIES
There may be self-employment opportunity involved with handling solid waste; it is difficult to determine the exact number of jobs.
