NYSDEC's Revisions to Part 360. AWMA/NYWEA 21st Annual Joint Seminar, February 14, 2018 Amy L. Reichhart, Esq.

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1 NYSDEC's Revisions to Part 360 AWMA/NYWEA 21st Annual Joint Seminar, February 14, 2018 Amy L. Reichhart, Esq.

2 Setting the Stage Decades Since the Last Major Revision Fast Review and Approval Process Revisions Involve a Complete Structural and Substantive Overhaul Many New Categories of Regulated Activities and Waste Streams Effective November 4, Are Your Clients Aware?

3 New Structure Part 360 General Requirements Part 361 Material Recovery Facilities Part 362 Combustion, Thermal Treatment, Transfer, and Collection Facilities Part 363 Landfills Part 364 Waste Transporters Part 365 Regulated Medical Waste and Other Infectious Wastes Part 366 Local Solid Waste Management Planning Part 369 State Assistance Projects

4 Key Issues in Part General Requirements

5 When Do I Need To Comply?

6 Transition Requirements Design and Operational Requirements Exempt Exempt 180 days to comply with new requirements Registered Registered 180 days to apply Permit Permit Current permit remains in effect, unless modified

7 Transition Requirements Cont d Exempt Facility, Transporter or Collection Event Exempt Notification required within 180 days Registration Continued compliance with prior exemption until registration is validated by NYSDEC Exempt Permit 365 days to submit a complete permit application

8 Transition Requirements Cont d Registered Facilities Registered Exempt As of November 4, 2017 prior registration is no longer effective and no further registration is required Registered Permit 365 days to submit a complete permit application

9 Transition Requirements Cont d Permitted Facilities Permitted Registered Must continue to comply with permit terms until a registration is obtained and the permit is surrendered Permitted Exempt Must continue to comply with the permit until it expires or is surrendered

10 Transition Requirements Cont d Retrofitting Existing facilities need NOT be retrofitted New structures constructed after November 4, 2017 must comply with all new regulatory requirements Permit Applications Even if complete prior to November 4, 2017, if issued after, must comply with operational, closure and post-closure requirements

11 When Do I Qualify for a BUD?

12 Beneficial Use What is a BUD? Effective substitutes for commercial products or raw materials as determined by the Department Two types Pre-determined Case-Specific

13 Beneficial Use Cont d Changes to Pre-Determined BUDs Categories that have been eliminated from the regulations will cease to exist 180 days after November 4, 2017 (May 3, 2018) Applications for case-specific must be submitted New reporting requirements Each year on March 1, anyone who distributes more than 10,000 tons of a pre-determined BUD must report the type and quantity used during the prior year 365 day storage time limit without case specific approval Increase from 16 to 26

14 Beneficial Use Cont d Changes to Case-Specific BUDs New expiration date of 5 years Renewal possible upon review and approval of the department Right to hearing for revocation Existing case-specific BUDs must repetition for approval within 180 days of November 4, 2017 Technical requirements for approval have become more stringent New reporting requirements Each year on March 1 must report the quantity used during the prior year and any analytical data required Signed statement by a responsible official that the organization has been in compliance

15 What About Fill Material?

16 Historic Fill What Isn t Historic Fill Subject to This Section? Fill material sent to Construction and Demolition Debris Handling and Recovery Facilities ( facilities) Fill material generated outside of NYC with no evidence of historical impacts such as reported spill events, or visual or other indication (odors, etc.) of chemical or physical contamination (this material is a pre-determined BUD) What Does This Section Allow? Self-assessment of fill material for specified uses Continues to allow applications for case-specific BUDs for this material

17 Historic Fill Cont d Testing Requirements All fill material within NYC unless: It is less than 10 cubic yards AND it does not contain historic evidence of impacts from contamination Only fill material outside NYC that: Exhibits visual or historical evidence of contamination, or Originates from a site subject to industrial land use, or Signs of contamination are discovered during excavation

18 Historic Fill Cont d What Do the Sample Results Mean? Three categories of fill general, restricted-use or limited-use Allowable uses are identified in (f) Restricted-use or limited-use may only be used at a project in accordance with an approved local building permit or other municipal authorization Can You Use It On-Site? Yes anywhere on-site with similar physical characteristics or back in the original excavation

19 Historic Fill Cont d When Does it Stop Being Waste? It depends on the sample results: General fill outside of NYC once it is determined to be general fill General fill within NYC upon delivery to the site of reuse Restricted and limited-use upon delivery to the site of reuse Other Requirements Cannot accept payment for restricted or limited-use fill Advance notification to NYSDEC for all movement of fill in or to NYC, and for placement of restricted and limited-use in the rest of the state Transport must comply with Part 364

20 Landfills

21 Landfills Part 363 The Question What Happens After 30 Years? Finally Answered Answer for post-closure care: more of the same.... Unless you can demonstrate to the department s satisfaction that the threat to public health and the environment has been reduced to a level where environmental monitoring and maintenance can be reduced (a) Outstanding Issue what does to the department s satisfaction mean?

22 Landfills Cont d What Happens After You Satisfy NYSDEC? Custodial Care When does custodial care end? It doesn t, but you can reduce your oversight significantly, and in phases as appropriate Financial Assurance Estimate required at the time you demonstrate that custodial care is appropriate 30 year rolling average Custodial Care Plan required as part of application process and must be incorporated into the facility manual

23 Landfills Cont d Emerging Contaminants Monitoring requirements for radium-226, radium-228, PFOAs and 1-4-dioxane in leachate Why? Even NYSDEC doesn t know Guidance to be released regarding what s next Sustainability Plan Required once every five years Must address issues such as conserving airspace, diversion of natural resources and reducing disposal of organics Supposedly flexible and voluntary but that remains to be seen

24 Other Material Handlers/Facilities

25 Part 361 Size Restrictions Do I need a Permit or Registration? Volume triggers for permits has been reduced 250 tons per day for recyclers 500 tons per day for C&D processors Estimated to impact 13% of currently registered recyclers and 22 out of 143 registered C&D processors 365 days to submit a complete permit application Beware the dual purpose facility!

26 Part 361 Cont d Mulch Processing Facilities Three tiers Exempt Less than 10,000 cubic yards on site but still must comply with pile size restrictions, pile separation requirements and limits on allowed incoming material Registered Greater than 10,000 cubic yards, but less than 25,000 cubic yards on site subject to all design and operating criteria Permitted Greater than 25,000 cubic yards on site subject to all design and operating criteria

27 Part 361 Cont d C&D Facilities Tracking Form to indicate generator, transporter and destination Transporter must sign to confirm delivery, receiving facility must confirm receipt and return form to generator who must maintain the forms for at least 7 years New Design and Operation Requirements Pile size, separation, length of storage Enclosed facilities for receiving, processing and sorting

28 Part 361 Cont d Other Facilities with New Requirements Waste Tire Handling and Recovery Permit generally required unless a small number of tires is stored and/or tires are stored in trailers, sold or DOT registration Volume limitations, pile limitations (size and separation), financial assurance Metal Processing and Vehicle Dismantling Registration required for more than 25 ELV or greater than 1,000 cubic yards of metal Used Cooking Oil and Yellow Grease Processing Registration for facilities receiving between 1,000 and 500,00 gallons per year permit Navigational Dredge Material Handling and Recovery Registration for dewatering or amending with Portland cement, otherwise a permit is required

29 Transporters

30 Transporters Part 364 Expanded Exemption Single shipments less than 2,000 pounds up from 500 pounds All Vehicles Must Be Marked Name and number of registered transporter on both sides of vehicle (number on rear also) At least three inches high Registration for Transporters of: Source-separated HHW in single shipments of less than 50 pounds Shipments of commercial waste greater than 2,000 pounds in a single load Shipments of C&D greater than 10 cubic yards in a single shipment Shards from a household medical waste sharps collection facility

31 Transporters Cont d Shipment Tracking Must document RMW, C&D (including restricted-use, limited-use and contaminated and general fill from NYC), non-exempt drilling and product waste Shipment tracking documents must be available to provide upon demand of NYSDEC or law enforcement officer Quantity and type must be included Copies must be provided to the generator and NYSDEC within 15 days of waste delivery Must retain copies for three years

32 Questions? Amy L. Reichhart, Esq