NYS Department of Environmental Conservation Implementing Beyond Waste A Sustainable Materials Management Strategy for New York State Air & Waste Management Association June 8, 2011 Albany NY David Vitale, Director Bureau of Permitting & Planning Division of Materials Management
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NYS Department of Environmental Conservation Implementing Beyond Waste A Sustainable Materials Management Strategy for New York State Air & Waste Management.
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NYS Department of Environmental Conservation
Implementing Beyond WasteA Sustainable Materials
Management Strategy for New York State
Air & Waste Management Association June 8, 2011Albany NY
David Vitale, DirectorBureau of Permitting & Planning
Division of Materials Management
NYS Department of Environmental Conservation
Summary• Why did NYS develop a plan?
• Why a new approach?
• The planning process
• The Plan’s content
• Outcomes of the process to date
• Part 360 Regulation Revision Stats
NYS Department of Environmental Conservation
Why a New Plan?
• Review 20+ years of experience• Set new goals• Address emerging issues and
materials• Finite resources and new
opportunities• Recommend a course of action
NYS Department of Environmental Conservation
• Environmental impact of wasting– Upstream/Life Cycle Impacts– GHG & Energy Use– Land & Resources
• Jobs and economic opportunity in recovery
• Recycling has reached a plateau
Why a new approach for NY?
NYS Department of Environmental Conservation
Beyond Waste: Planning Process
• Stakeholder Meetings (9) – Spring 08
• Advisory Group – 08/09– 15 Members representing various
stakeholder groups and regions of the state
• Release of Draft (for public comment) –May 2010
• Hearings and Meetings – Summer 2010
NYS Department of Environmental Conservation
Beyond Waste: Summary of Comment Period
• May 5, 2010 to August 18, 2010
• Five hearings; 55 statements made
• 430 form letters/emails
• More than 120 comment letters• More than 1300 comments total
NYS Department of Environmental Conservation
Beyond Waste: Final Plan
• FGEIS Filed – December 15, 2010
• Plan Adopted – December 27, 2010
• Effective Date – January 26, 2011
NYS Department of Environmental Conservation
Beyond Waste: Key Findings• 20 years after SWMA, still wasting 65-
80% of materials
• Waste contributes to climate change
• Some waste prevention gains have been achieved, but driven by economics and not policy
• Wide variation in program performance statewide; though good data is scarce
• Organics are 30 percent of MSW; recycling organics critical to progress
NYS Department of Environmental Conservation
Beyond Waste: Vision
A materials management system that:
• Captures economic value of materials
• Minimizes greenhouse gas emissions
• Maximizes materials and energy efficiency
• Impacts the design of products and packaging
• Achieves ever-increasing levels of recovery
NYS Department of Environmental Conservation
Beyond Waste: Goals• Minimize Waste Generation & GHG Impacts• Maximize Reuse, Recycling & Organics Recovery• Create Green Jobs• Maximize the Energy Value of Materials
Management• Foster Good Local Planning• Strive for Participation, Fairness and EJ• Prioritize Investment in Recovery over Disposal• Maximize Efficiency in Infrastructure Development• Foster Technological Innovation• Continue to Ensure SWMFs are Designed and
Operated Well
NYS Department of Environmental Conservation
Beyond Waste: Quantitative Goal
• A progressive reduction in the amount of waste managed in disposal facilities (landfills and municipal waste combustors) on a per capita basis
– Reduce from 4.1 lbs/person/day disposed in 2008 to 0.6 lbs/person/day in 2030
NYS Department of Environmental Conservation
Beyond Waste: Impacts
• Reduce 21 million MTCO2E annually
• Conserve more than 286 trillion BTUs of energy annually – Equal to energy consumed by 2.6 million
homes
• Create 67,000 jobs
NYS Department of Environmental Conservation
Beyond Waste:Major Areas of Focus
• Improve waste prevention, reuse, recycling
• Increase organics recycling – especially food waste
• Implement product and packaging stewardship
NYS Department of Environmental Conservation
Beyond Waste : Improve the 3 Rs
• Clarify who’s required to recycle and where– All generators; all places
Management PlanningPart 367 Returnable Beverage ContainersPart 368 Product Stewardship and LabelingPart 369 State Assistance Projects
NYS Department of Environmental Conservation
General Part 360 Revisions• Includes significant reorganization and
subdivision of current requirements
• Incorporate legal, technological, and policy developments and experiences since the last major revision (1993/2003)
• Add Facilities, activities, and waste streams not currently addressed
NYS Department of Environmental Conservation
General Part 360 Revisions• Relax or eliminate requirements that
have proven to be burdensome
• Incorporate recommendations of task forces that were convened to analyze specific issues
• Incorporate topics and issues outlined in Beyond Waste Plan
NYS Department of Environmental Conservation
Proposed Revision Areas
• Update technical requirements for design, construction and operation of Facilities to better protect human health and the environment
• Combat Climate Change/Reduce Landfill Gas
• Update financial assurance requirements
NYS Department of Environmental Conservation
Proposed Revision Areas
• Address management of historic fill
• Enhance regulation and tracking of C&D debris
• Add registration provisions to Part 364 transporter program for C&D debris, certain commercial wastes and small amounts of RMW
NYS Department of Environmental Conservation
Proposed Revision Areas• Restrict the disposal of yard trimmings
and source separated recyclables
• Ensure consistent implementation of source separation requirements
• Restrict the disposal of recyclable materials for which alternative infrastructure or product stewardship programs exist
NYS Department of Environmental Conservation
Proposed Revision Areas
• Revise and update BUD regulations
• Regulate gasification, plasma arc and pyrolysis facilities as thermal treatment facilities
• Establish separate tracks for funding of for recycling education/planning /coordination, recycling capital, HHW collection, and other high‐priority projects
NYS Department of Environmental Conservation
Proposed Revision Areas• Enhance applicability of demonstration
of consistency with goals and objectives of LSWMPs to support LSWMP efforts
• Revise and update LSWMP requirements to streamline new planning initiatives
NYS Department of Environmental Conservation
Next Steps on 360 Rulemaking• Finalize Proposed Rulemaking Package
• Proceed through DEC Executive Review, DOB Review, Governor’s Office Review
• Release Proposed Rulemaking Package for Public Comment