Update on the Revisions to New York’s Part 360 Solid Waste Regulations
Author: John Brusa, P.E.
It has been a few months since my last update on the proposed revisions to New York’s Part 360 Regulations. During this time, public information meetings have been held across the State and there have been numerous discussions with various stakeholders. The recent Federation of New York Solid Waste Associations conference in Bolton Landing held on May 15-18, 2016 had a special session for the Associations to provide a statement regarding the proposed regulations. The following summary provides a highlight of current concerns being raised and the next steps in the process.
Some of the concerns recently expressed include:
Not enough time to review the draft regulations – Even though the NYS Department of Environmental Conservation (NYSDEC) provided an extended review time over the minimum requirement of 30 days, most organizations are requesting an extension to allow for a more thorough review of the proposed regulations.
There needs to be a more thorough review of cost impacts. There are costs to many facilities across the State to install radiation detectors, add onto buildings, additional monitoring etc .
One of the proposed requirements for composting and other organic processing facilities [361-3.3(b)(10)] – which would limit them to receiving waste material that has less than 1% non-organic material present – would be difficult if not impossible to accurately monitor and comply with.
There is a concern that the planning regulations (Part 366) may be difficult to coordinate and comply with and may stray from the wording of the statute that was carefully crafted by the state legislature.
There are many changes to the proposed design requirements for facilities which could have some costs impacts; however, there is an acknowledgement, as discussed in my previous blog posts, that there are also some cost saving changes to permitting and design which help counter the cost increases. There is anticipated to be some changes to the wording of certain parts of the regulations to help provide clarification.
The timeline presented by the NYSDEC includes the following milestones:
Draft Regulations are available on-line at http://www.dec.ny.gov/regulations/81768.html
Public hearings will be held in June as listed below:
June 2, 2016, 1:00 PM: Suffolk County Water Authority Education Center, 260 Motor Parkway, Hauppauge, NY 11788
June 6, 2016, 1:00 PM: NYSDEC, 625 Broadway, Albany, NY 12233
June 7, 2016, 1:00 PM: RIT Inn and Conference Center, Henrietta Ballroom, 5257 West Henrietta Rd., Rochester, NY 14467
June 9, 2016, 1:00 PM: NYSDEC Region 2 Office, 1 Hunter's Point Plaza, 47-40 21st Street, Long Island City, NY 11101
The NYSDEC is encouraging comments which can be emailed to SolidWasteRegulations@dec.ny.gov
July 15th, 2016 until 5:00pm – Public comment period ends. (Although this may be extended)
End of 2016 or early 2017 – Final Regulations to be released.