The Updated 6NYCRR Part 364 for Waste Transporters

Author: John Brusa, P.E.

If you have been following the development of the new solid waste solid waste regulations in New York State over the years, you are probably aware that the new regulations went into effect on November 4, 2017. The new regulations were reformatted into a 6 NYCRR Part 360 series of regulations, which includes Part 364 – Waste Transporters. 

Although Part 364 requirements are not new, they have been revised as part of the new Part 360 series of regulations now in effect. The most significant changes to Part 364 regulations are the new registration and waste tracking requirements in Subparts 364-3 and 364-5, respectively. Registrations are now required for transporting:

  • Less than 50 pounds of regulated medical waste (RMW) per month, provided the transporter is the generator of the RMW. The RMW must be packaged and marked in accordance with part 364 and transported to a facility authorized to accept the waste;

  • Source-separated household hazardous waste (HHW) in single shipments of 50 pounds or less;

  • Commercial solid waste other than construction and demolition (C&D) debris, in quantities greater than 2,000 pounds in a single shipment;

  • C&D debris (includes fill material) in quantities greater than 10 cubic yards in a single shipment; and 

  • Sharps from a household medical waste sharps collection facility. 

Registrations under Part 364-3 are valid for 1 year and are not transferrable.  Registrations are not automatic and the transporter is responsible for obtaining appropriate coverage under Part 364. Coverage under a registration does not relieve a transporter from necessary permitting requirements included under Subpart 364-4. In some cases, a transporter may be required to obtain both a permit and a registration. Please note, Subpart 364-3 registrations are not subject to waste transporter program fees imposed under Part 484. 

Overall, there is a significant increase in paperwork and tracking required by the transporter as well as the New York State Department of Environmental Conservation (NYSDEC) under the updated Part 364. Contact your NYSDEC regional representative if you have questions on the process. 

For more information on other changes to the New York State Solid Waste regulations, including a summary of transition rules, refer to our previous posts on the subject found here.