It has been over three years since the New York State Department of Environmental Conservation (NYSDEC) released sweeping changes to Part 360 regulations, otherwise known as Solid Waste Management Facilities General Requirements. The changes, which were implemented to safeguard public health and the environment and make it easier for operators within the industry to understand the regulations, profoundly affect solid waste management facilities throughout the state.

These were the first real changes to Part 360 regulations in decades. After two rounds of public comments, hearings and revisions, the new rules went into effect in late 2017. Taken at face value, it is hard to argue with the agency’s motivation to enact new regulations—namely, to ensure the protection of groundwater at or around facilities that manage solid waste and clarify the rules so facility owner/operators could easily understand them.

Certainly, there were many substantive changes to the regulations, which were highlighted by the changes to Beneficial Use Determinations (BUDs) and fill material testing. Arguably, though, the most dramatic impact may be—oddly enough—paperwork. Essentially, if a facility was previously required to hold a registration to operate, the facility would now be required to hold a permit. Under the new rules, many exempt facilities that formerly were allowed to work without a registration will be required to have one to operate. Operators that previously had little to no interaction with NYSDEC would now have to grapple with changes to their facilities’ registration or permit status, resulting in an arduous amount of administrative paperwork.

While this still seems fairly straightforward, many facility owners never had to fulfill regulatory obligations before and find it difficult to understand what is required to obtain their registration or permit. The process can be quite intimidating for individuals who have not had much exposure to regulatory agencies.

Therefore, it is beneficial for facility owners to work with a qualified professional services firm with experience guiding owners through obtaining registrations or permits and maintaining regulatory compliance. That can take the form of a good environmental law firm or an environmental engineering firm.

Operators who choose to work with a consultant should look for organizations with experience evaluating and designing facilities to ensure compliance with local and state regulations. Such a firm should be able to help operators file applications, drawings, develop a new layout (if necessary), and file reports, all of which can be complicated and time-consuming. 

Indeed, the new regulations were so convoluted that NYSDEC was hit with a lawsuit almost immediately after the changes went into effect. Members of the New York Construction Materials Association (NYCMA), who had concerns about how the new regulations would impact their business, came together to take legal action and force the state to clarify the rules.

To address some of the problems, NYSDEC issued an Enforcement Discretion Letter (EDL) in which they pledged to exercise discretion when enforcing parts of the new regulation, particularly for fill material. At the same time, the lawsuit is being settled, and modifications to the rules are being written. On Jan. 26, DEC issued a notice that coming in February, they would give another extension to the EDL from May 2021 to May 2022.

So, what does all of this mean for operators?

The state has extended full implementation of the new rules three times. The new target date is early May 2022. But that does not mean that industry participants should wait until then to take any action. The need for proactive measures is because some of the changes will apply to facility operators regardless of what the contours of the final rules end up being, and the state may take months to process applications for a registration or permit.

For example, if a facility processes more than 500 tons of material a day, that site will need a permit. Facilities required to have a permit must submit a detailed engineering report with their application. A state-certified professional engineer must be the individual to create the report.

Additionally, facilities must develop a plan to control stormwater and leachate. Of course, this requirement is aligned with the state’s goal of ensuring that contaminants do not get into groundwater and adversely affect public health.

Furthermore, all material leaving a site must be classified in one of three categories by utilizing the updated BUD. Moreover, fill material that leaves a processing facility must be tested and accompanied by a tracking document that details who generated the waste, who transported the waste, the final destination of the waste, and the material type. The transporter and generator must each sign the tracking document, which must also be provided to NYSDEC.

Adding to the confusion, depending on where a facility is located, the operator may have to also deal with local agencies' requirements. For instance, if an establishment is located in New York City, it will have to adhere to the new NYSDEC rules and those of the New York City Department of Sanitation, which could be more demanding than the state’s.

Therefore, operators must work with organizations that understand and comply with all local and state rules that may affect their operation. While the NYSDEC is not expected to finalize the new Part 360 rules in the foreseeable future, shrewd facility operators understand that they need to take action now to save themselves several months of stress and uncertainty.

Robert LoPinto is the vice president of Oyster Bay, New York-based Walden Associates. He can be reached at rlopinto@walden-associates.com.

A driver for the waste and recycling company Rumpke, headquartered in Cincinnati, came to the aid of an injured, abandoned puppy the morning of Jan. 27 in Colerain Township, just outside Cincinnati.

Rumpke driver Aaron Kinsel was servicing customers when he noticed a discarded backpack along the roadway. After additional observation, he noticed the bag was moving, so he got out of the truck to investigate. The backpack contained a distraught 10-week old puppy.

Rumpke’s Safety team picked up Tipper and transported her to a local veterinarian for treatment. Local authorities are involved, and Rumpke says it will cooperate with an investigation.

He and his family have decided to adopt the dog, who he is calling Tipper after the tipper mechanism used on the back of residential garbage trucks that helps pick up trash containers.

“For their safety, as well as for the safety of our customers, Rumpke drivers are trained to remain observant,” says Kendra Catherman, who is the Cincinnati safety manager at Rumpke. “We do our best to take care of our communities and always do the right thing. We are very proud of Aaron and delighted to make Tipper an honorary member of our Rumpke team.”

Romeo Power Inc., Los Angeles, and Phoenix-based Republic Services Inc. announced on Jan. 28 that they have entered into a strategic alliance agreement to collaborate on the development of Romeo Power’s battery technology for use in Republic’s electric garbage trucks. Romeo Power’s core product offering is focused on the battery electric medium-duty short-haul and heavy-duty long-haul trucking markets.

As part of the agreement, senior leaders from each company will sit on a steering committee that will monitor and guide the alliance. According to the two parties, the companies will work closely to determine the key performance metrics of Romeo Power’s battery packs that will suit Republic’s refuse-specific needs. As part of the agreement, the two parties also have agreed to a retrofit test program in which the diesel engines and related components will be removed from two of Republic’s vehicles and replaced with electric motors and Romeo Power battery packs, with a goal of delivering the retrofitted trucks by the end of 2021.

“By combining Romeo Power’s advanced energy technology with Republic Services’ vehicles, we pave the way for responsible and sustainable commercial transportation,” Lionel Selwood, Jr. CEO of Romeo Power, says. “We look forward to working with the Republic Services team and being part of their electrification solutions.”

Tim Stuart, COO of Republic Services, who has also recently joined the board of directors of Romeo Power, says, “This strategic alliance is an exciting component of Republic’s fleet electrification strategy. We believe our partnership with Romeo Power will strengthen our leadership position within our industry in both electrification and sustainability.”

On Jan. 27, President Biden signed a series of executive orders focused on mitigating climate change, building infrastructure and promoting environmental justice.

As part of the orders, the president directed federal agencies to “develop programs, policies and activities to address the disproportionate health, environmental, economic and climate impacts on disadvantaged communities.”

To enforce these directives, a new White House Environmental Justice Interagency Council and a White House Environmental Justice Advisory Council have been formed to prioritize environmental justice and ensure a “whole-of-government approach” to addressing environmental injustices and promoting better monitoring and enforcement in these areas. New or bolstered offices at the Environmental Protection Agency, Department of Justice, and the Department of Health and Human Services have been created to aid in these efforts.

The orders also established the Justice40 Initiative, through which government institutions have the goal of delivering 40 percent of benefits of federal investments to disadvantaged communities. President Biden also announced the development of a Climate and Environmental Justice Screening Tool that will be used to identify disadvantaged communities and “inform equitable decision-making across the federal government.”

At the heart of these policies is the desire to take the burden of housing facilities like landfills, factories, power plants, waste incineration and wastewater treatment plants away from “fenceline communities” populated by minorities.

“It’s hard,” President Biden said, discussing the disproportionate number of these facilities that are built and run in areas of the country where brown, black, Native American and poor whites reside. “That’s why we’re going to work to make sure that they receive 40 percent of the benefits of key federal investments in clean energy, clean water and wastewater infrastructure.”

Operators know the difficulties of siting, permitting and running waste facilities all too well. And while regulation and red tape already pose significant challenges for those overseeing these sites, it is safe to say the industry will be keeping a close eye on how these new provisions might further exacerbate compliance issues. NIMBY (not in my back yard) is a sentiment waste industry stakeholders are used to dealing with in the communities in which they operate. What will the fallout be if government-mandated intervention brings about a new acronym: NITBY (not in their back yard)?

Of course, it will take time before the specifics and ramifications of President Biden’s orders are understood; however, it would seem an obvious result will be that the responsibility of being a good neighbor will be thrust onto the shoulders of operators over the next four-plus years—even more than it already is.

Can the industry overcome additional compliance and regulatory hurdles by more thoughtful design, greater community engagement, an embrace of innovation and technology, and more proactive emissions testing?

However these orders are interpreted and enforced, it is a good bet that the companies that are able to lay out their plans for equitable and safe waste operations (and show a track record of doing so) are the ones that are going to be the beneficiaries of new government policy.