For most people involved with construction and demolition (C&D) sites, solid waste processing facilities and transportation of C&D debris and excavated or processed fill material, Part 360 Series (including Part 361 through Part 364) is more than a familiar expression by now.

New York State Department of Environmental Conservation (NYSDEC) issued new Part 360 regulations in November 2017.  

As a result, substantial restrictions and burdening requirements were loaded onto shoulders of the relevant business owners and operators. At that time, a transition deadline to obtain a Permit (or at least a Notice of Complete Application) set forth in Section 360.4(b)(2) and (f) for most of the fill material processing facilities subject to Subpart 361-5 currently operating under the NYSDEC registrations was set as May 3rd, 2019. Since then it has been a moving target for all parties involved.

New York Construction Materials Association (NYCMA) has been challenging the new NYSDEC regulations in order to protect interests of the business owners in NYS.

The litigation resulted in two NYSDEC enforcement discretion letters issued in January and September of 2019, which were shifting the transition deadline first to May 3rd, 2020, and eventually, to May 3rd, 2021.

Picture Source: NYCMA

During the fall 2019 NYCMA meeting in Saratoga Springs, NY, the Director of the NYSDEC Bureau of Solid Waste Management, Richard Clarkson, P.E. offered clarifications to the enforcement discretion letter issued by the Department on September 19, 2019. This letter superseded the one from January 2019. He also briefed the attendees on the anticipated revisions of Part 360 regulations that are expected to be released for comments in the beginning of 2020.

As usual, the release of new revisions will be followed by a public comment period, which may take up to half-a-year. After the comment period, the potential changes will be finalized and the revised regulations will be published by the Department.

At this time, no changes are proposed to the transition deadline date that was extended to May 3, 2021.

If you need any more information, please call Walden Environmental Engineering to learn how we can help you.