Digging Into DEC’s Proposed Part 360 Regulations: Part IV – Part 361 Material Recovery Facilities, Continued

This post will cover the remaining sections of Part 361. These sections are relatively brief, roughly five pages each. They include:

Section 361.4, Wood Debris and Yard Trimmings Processing Facilities, which covers facilities that process yard trimmings and wood debris into mulch or other beneficial products. This section specifically excludes construction and demolition wood debris, as well as facilities that compost or burn wood debris, and primarily addresses the storing of tree debris, with a focus on fire prevention. This includes the manner and height to which trees are stacked, and also explicit anti-fire provisions like limitations on storage temperature, flammable materials, and requiring sufficient on-site water to douse fires.

Section 361-5, Construction and Demolition Debris Processing Facilities, covers construction and demolition debris. As this section was discussed at length in a previous newsletter and blog post, it won’t be addressed here except to say that it is supplemented by provisions in several other sections.  That article can be found here.

Section 361-6, Waste Tire Handling and Recovery Facilities, is exactly what it sounds like: discarded tires. This only applies to facilities that handle or store at least 1,000 tires at a time, not counting those on vehicles, and does not include facilities that burn tires. This section includes storage and fire prevention regulations, as well as provides for the resale of tires. It is also noteworthy that there are several Beneficial Use Determinations under which tires are no longer considered waste.

Section 361-7, Metal Processing and Vehicle Dismantling Facilities, covers facilities that dispose of metal and end-of-life vehicles, excluding, among other things: (1) source-separated waste, (2) construction and demolition debris, and (3) waste tires, all of which are covered by subsections previously discussed. This includes both auto repair shops with more than 25 end-of-life cars on-site and vehicle dismantling facilities. Substantively, the regulations primarily concern removing of fluids such as engine oil, transmission fluid, brake fluid, coolant, and fuel from the vehicle prior to storage, crushing, or shredding. Fluids “must be drained, removed, collected, and stored for appropriate use, treatment, or disposal to the maximum extent possible.” The provision also requires removal of batteries, mercury containing components, and airbags.

Finally, Section 361-8 is Used Cooking Oil and Yellow Grease Processing Facilities. This section covers the use of spent cooking oil or yellow grease for manufacturing purposes, notably for use in biofuels. This only applies to facilities handling more than 1,000 gallons per year, with stricter regulations applying to those that handle over 500,000 gallons per year. The regulations focus on ensuring containment through the use of a secondary containment system, as well as spill and fire prevention.

Though not discussed, each of the sections described in this post also include recording requirements for the source and quantity of waste being handled.

A PDF of the full proposed Part 361 – Material Recovery Facilities regulations can be found here: http://www.dec.ny.gov/docs/materials_minerals_pdf/pt361.pdf

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