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

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/ s More than 120 comment letters More than 1300 comments tota l

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 % 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 Increase education, enforcement and incentives Generate and allocate additional resources

NYS Department of Environmental Conservation Beyond Waste: Increase Organics Recycling Maximize food redistribution Promote and demonstrate organics recycling in state agencies Build the composting and organics recycling infrastructure Require planning units to evaluate organics recycling

NYS Department of Environmental Conservation Beyond Waste: Implement Product Stewardship Enact PS for: –Household Hazardous Waste –Pharmaceuticals –Paint –Carpets –Automobiles –Mercury Containing Products –Packaging –Appliances

NYS Department of Environmental Conservation Beyond Waste: Expectations for Municipal Actions Planning units will be asked to: –Evaluate and propose methods to reduce waste, increase reuse, recycling and composting –Work as aggressively as possible to reduce waste destined for disposal

NYS Department of Environmental Conservation Beyond Waste: PAYT/SMART Removed recommendation for legislative mandate from Draft Plan Replaced with additional activities: DEC to provide resources, tools and information Planning Units evaluate and implement if locally appropriate and feasible Evaluate need for additional policy actions in biennial updates

NYS Department of Environmental Conservation Beyond Waste: Outcomes of Planning Process New York Product Stewardship Council Created 2 Product Stewardship Laws Enacted –Electronic Equipment Recycling and Reuse Act –Rechargeable Battery Recycling Act Private sector interest and investments Internal reorganization

NYS Department of Environmental Conservation Beyond Waste :Initial Plan Activities Reorganized Program and Created the Division of Materials Management Developed Schedules for 2011 Plan Initiatives Initiated Development of LSWMP Tools and Technical Guidance Documents Resumed Part 360 Regulation Revision Process

NYS Department of Environmental Conservation Outcomes of Planning Process Division of Materials Management Bureau of Permitting and Planning - Compliance and Resource Mgmt - Facilities - Planning and Municipal Assistance Bureau of Waste Reduction and Recycling - Product Stewardship and Waste Reduction -Recycling and Outreach - Organics Recycling and Beneficial Use Bureau of Pest Management - Product Registration & Pest Management Alternatives - Compliance and Lab Services - Pesticide Reporting and Certification

NYS Department of Environmental Conservation Status of LSWMPs About 68 Planning Units 40 LSWMPs expired by Dec 31, 2010 –17 submitted for review 1 Approved 3 Approvable 13 In Various Review Phases

NYS Department of Environmental Conservation Focus of LSWMPs Maximize Waste Reduction & Recycling in All Generating Sectors Maximize Traditional Recyclables Recovery Evaluate Organics Recovery Strategies Evaluate PAYT/SMART Alternatives Evaluate Education & Enforcement Opportunities including Hauler Licensing & Reporting

NYS Department of Environmental Conservation Established Internal DEC LSWMP Work Group Objectives: –Develop tools and resources for planning units to use in LSWMPS –Develop a consistent approach to DEC review of LSWMPs

NYS Department of Environmental Conservation Waste Composition and Waste Projection Tools –Information to help communities in evaluating appropriate materials management strategies and implementing NYS's solid waste management hierarchy. LSWMP Work Group: Tools

NYS Department of Environmental Conservation LSWMP Work Group - Tools Model Local Plans LSWMP Outline and Checklist Implementation Schedule Instructions and Support tools Marketing Information thru ESD

NYS Department of Environmental Conservation LSWMP Work Group: Tools in Development Model recycling ordinances Model PAYT/SMART ordinance Model Hauler Licensing Ordinance Technical Guidance Documents –Organics Recycling and Composting –Update to 1988 Technology Assessment

NYS Department of Environmental Conservation 6 NYCRR Part 360 series Rule-making Part 360 General Requirements Part 361 Recovery Facilities Part 362 Transfer, Collection and Thermal Treatment Facilities Part 363 Landfills Part 364 Waste Transporters Part 365 Biohazard Waste Management Part 366 Comprehensive Materials Management Planning Part 367 Returnable Beverage Containers Part 368 Product Stewardship and Labeling Part 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 Hold Public Hearings Finalize Rulemaking

NYS Department of Environmental Conservation Information & Contacts Beyond Waste Plan: David Vitale Part 360 Revisions: Melissa Treers LSWMPs: Gus Carayiannis