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Proposed Part 360 Regulations

In early 2016, the NYSDEC proposed significant changes to New York State regulations regarding previously unregulated facilities, activities, and waste streams within the existing Part 360 solid waste management program. The proposed changes include modified permitting requirements for Transfer Stations, C&D Facilities, and Cooking Oil Processing Facilities.

Based on comments received from the public and concerns raised during the comment period, the NYSDEC issued a notice in October 2016 indicating that the department was re-evaluating the proposed regulations. New proposed regulations are expected to be reissued in Spring 2017, with another public comment period to follow. Walden’s solid waste permitting experts will continue tracking developments related to the Part 360 updates and advising clients on how they might be affected by the changes. Please read Walden’s blog, NYSDEC Part 360 Regulations Update.

 

New Registration Requirements for Recycling and Processing facilities in NYC

The New York City Department of Sanitation (DSNY) adopted rules related to registration requirements for recycling processing facilities within the 5 boroughs. These rules state that the DSNY will directly regulate these facilities. By definition, a recycling processing facility is any facility “where recyclable materials, other than organic waste, are delivered separately from solid waste or where source-separated recyclable materials, other than organic waste, are processed for the purpose of reuse or resale.” This definition also includes scrap metal processors.

Existing facilities were required to register with the DSNY by October 24, 2016, while new facilities must register 30 days before beginning operation. All registration forms are available on the DSNY website.

 

Amendments to NYC Brownfield Cleanup Programs

On August 12, 2016, new definitions for the terms “affordable housing project” and “underutilized” were created, as they relate to 6 NYCRR Subpart 375-3 of the Brownfield Cleanup program. The new definitions can be found at: http://www.dec.ny.gov/regulations/101915.html.

The foundation for these amendments is the huge discrepancy in potential state tax liability for properties within the 5 boroughs and those that are outside. The new definitions were created with the idea that areas in greatest need of development will be more financially accessible. To learn more about how these amendments may affect your business, please read Walden’s blog, How Will Amendments to NYC Brownfield Cleanup Program Laws Affect You? 

 

Proposed Changes to 49 CFR 107 – 181

On September 7, 2016, the United States Department of Transportation, Pipeline and Hazardous Materials Safety Administration proposed changes to 49 CFR 107, 171-176, 178, and 180, also known as the Hazardous Materials Regulations (HMR). The proposed changes were based off a desire to remain consistent with various standards around the globe. The HMR guides which method of transportation is allowed to be used to ship specific hazardous materials. To learn more the proposed changes, please read Walden’s blog, US DOT proposes changes to 49 CFR 107 – 181, the Hazardous Materials Regulations. 

 

PFOA/PFOS Regulations

Perfluorooctanoic acid (PFOA), Perfluorooctane Sulfonate (PFOS) and related substances have been discovered in Hoosick Falls’ water well, the Gabreski Air National Guard Base, and other areas in New York State. These substances are synthetic organic compounds that have been historically used to make products resistant to stains, grease, and water. The major nuance with PFOA and PFOS is that they do not degrade well over time, and therefore remain in the environment and the bodies of humans and animals for many years, causing side effects such as high blood pressure and certain forms of cancer.

Proposed regulations seek to add these chemicals to the Hazardous Substance List located within 6 NYCRR Part 597. The effect of the proposed regulations is that releases of PFOA and PFOS will be regulated under the chemical bulk storage program, and also PFOA-contaminated sites will be considered under the State Superfund program.

There is currently a temporary emergency rule in effect which was continued on January 12, 2017 [see the NYSDEC website for details (www.dec.ny.gov/regulations/104968.html)] while the State finalizes updates to 6 NYCRR Part 597, Hazardous Substances Identification, Release Prohibition, and Release Reporting related to PFOA and PFOS. 

To learn more about how these regulatory updates will affect your business, please contact Walden Environmental Engineering at 516-624-7200.

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