Digging Into DEC’s Proposed Part 360 Regulations: Part VI – Part 362 Combustion, Thermal Treatment, Transfer, and Collection Facilities, continued

This is the sixth post in our series looking at the New York State Department of Environmental Conservation’s proposed revision and reorganization of Part 360. Today’s post will look at the remaining sections of the proposed Part 362- Combustion, Thermal Treatment, Transfer, and Collection Facilities.

Section 362-3 governs waste transfer facilities, i.e. facilities which receive solid waste with the purpose of subsequently transferring it to another facility for further processing, treatment, transfer or disposal. There are several exemptions to this section, the most notable of which is for transloading facilities (i.e. transferring cargo between modes of transportation, such as truck to train or vice versa.). However, to qualify for the exemption the facility must meet certain criteria: waste is only accepted from transporters under its ownership or control, and the waste is in “rigid, leak-proof, closed containers” which remain closed at all times and are not placed on the ground at any point during transfer.

In addition, Transfer Facilities are subject to most of the same regulations as Collection Facilities under 362-2, including the waste control and radioactive waste control plans, the limitations on tipping, sorting, etc. requiring it be conducted in enclosed structures with paved floors and drainage structures, and the limitations on the types of material that may be handled. Refer to our previous post for a more detailed list.

The final subsection of Part 362 is 362-4, Household Hazardous Waste Collection Facilities and Events. This deals with the “collection, storage and disposal of household hazardous waste and wastes from conditionally exempt small quantity generators (CESQGs),” which cross-references Part 371. The application of this section is extremely limited, as collection events are limited to no more than 12 days within a calendar year. 

A PDF of the full proposed Part 362 – Combustion, Thermal Treatment, Transfer, and Collection Facilities regulations can be found here: http://www.dec.ny.gov/docs/materials_minerals_pdf/pt362.pdf

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