It has come to our attention that law enforcement agencies and the NYS Department of Environmental Conservation (NYSDEC) are aggressively looking for anyone adding any type of new or used petroleum product to their manure. According to the DEC, some farms and custom applicators have been using these types of products to reduce foaming. The NYSDEC issued a statement on May 23, 2022, stating “It is important to note that the use of any petroleum containing materials for this use is strictly prohibited.” It is our understanding that someone following this management can be subject to criminal charges.
In lieu of using a petroleum-based product, the NYSDEC further stated that “Per NYSDEC Division of Materials Management, in accordance with 6 NYCRR 360.12(c)(3)(iv), used cooking oil* is not subject to regulation as a solid waste when used to prevent or suppress foaming in manure management at farms, provided it is not mixed with other solid waste. No more than the equivalent to two (2) 55-gallon drums of unprocessed used cooking oil may be stored at any time at a farm for this purpose. Pursuant to 60.12(c)(4)(vi), processed cooking oil (filtered and excess water removed at a used cooking oil and yellow grease processing facility) may be received in any amount and stored indefinitely for this use.”
“The use of small amounts of virgin vegetable oil is also an accepted practice to prevent or suppress foaming in manure management at farms, so long as it is properly handled and doesn’t create a nuisance. Virgin vegetable oil is not subject to any solid waste regulation unless it’s unused and discarded.”
*6 NYCRR 360.2(b)(297): Used cooking oil means a vegetable or animal-based oil that is generated from cooking or frying foods and is a liquid at room temperature (68 degrees Fahrenheit). Used cooking oil may contain food particles and water. Used cooking oil does not include brown grease.