Proposed solid-waste regs open for public comment

Public comments will be accepted through July 21 on proposed revisions by the Department of Environmental Conservation to the state’s Solid Waste Management Regulations, commonly known as Part 360.

The DEC’s Part 360 regulations set design standards and operational criteria for all solid waste management facilities in New York State.

“These proposed revisions, which incorporates the important public comments we previously received, will bolster the state’s ability to crack down on bad actors and ensure regulatory efficiencies necessary to protect public health, our communities and natural resources,” said Basil Seggos, DEC commissioner, in a release from the department.

The proposed revisions are part of the ongoing public regulatory process, which began in February 2016, to update the regulations.

The first proposal contained comprehensive revisions to the the DEC’s existing solid-waste management regulations, including changes to combat emerging threats posed by illegal disposal of construction and demolition debris and historic fill. The revisions also included measures to strengthen oversight of previously unregulated mulch-processing facilities to address potential threats to water quality and the environment across the state.

The current revisions include changes made in response to previous comments received during the prior public comment period, in particular:

— The proposed revisions strengthen current prohibitions on the disposal of flowback water and production brine from oil and gas production;

— The amended revisions to Part 360 address the management of construction and demolition debris and fill material, including enhanced tracking for debris generated in New York City, as well as for fill materials containing contaminants generated anywhere in the state;

— A new section has been added to govern facilities that produce and store mulch. New criteria will reduce environmental impacts from larger mulch facilities, including odors, dust, groundwater, and fires. Enhanced criteria for composting facilities to address potential groundwater impacts have also been added.

In addition, the amended revisions include an extended timeframe to enable existing facilities to transition to new exemption, registration, and permitting requirements, as well as clarification to regulations for composting and organics processing, including changes for stacking, setbacks, and separation of the requirements for anaerobic digestion.

The revisions also reorganize regulated medical waste requirements, including simplification of requirements for autoclave testing and removal of references to contaminated foods. Additionally, the revised requirements expand eligibility requirements for municipal waste reduction and recycling grants.

Oral and written comments on the proposed rulemaking will be accepted at a public hearing today, July 13, at 1 p.m. at DEC’s headquarters at 625 Broadway in Albany.

Comments may also be emailed to until 5 p.m. on July 21.
A link to the text of the proposed revisions and associated rulemaking documents is available on DEC’s website at http://www.dec.ny.gov/regulations/propregulations.html

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