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Modification of Siting Regulations to Address Organics Conversion

Modification of Siting Regulations to Address Organics Conversion. Exemption Categories. Category 1 – Industrial, farm and residential Category 2 – Storage and processing Category 3 – Permits by Rule Category 4 – Recycling, composting and conversion permits. New or Modified Definitions.

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Modification of Siting Regulations to Address Organics Conversion

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  1. Modification of Siting Regulations to Address Organics Conversion

  2. Exemption Categories • Category 1 – Industrial, farm and residential • Category 2 – Storage and processing • Category 3 – Permits by Rule • Category 4 – Recycling, composting and conversion permits

  3. New or Modified Definitions • Agricultural Material • Biodegradable • Biodegradable Product • Conversion • Food Material • Organic Material • Pre-sort • Putrescible • Recycle • Residuals or Residue • Vegetative Material

  4. Category 1 - Exemptions • Manufacturing or industrial operations that use recyclable materials: • Paper mills • Steel mills • Aluminum smelting operations and mills • Glass manufacturing • Plastic manufacturing • Tire re-capping • De-tinning • Cement and concrete plants • Foundries • Asphalt batching • Rendering • Land application of manure at farms • Disposal of trees and brush at residences

  5. Category 2 - Exemptions • Existing Storage and Processing Exemptions • Temporary solid waste storage in dumpsters, etc • Temporary storage by DPWs • Occasional SW vehicle layover • Occasional Non-commodity CRT vehicle layover • Hospital and lab infectious waste storage areas • Wood handling operations • ABC Recycling operations • Tire chipping, shredding or other tire processing

  6. Category 2 - Exemptions • New Storage and Processing Exemptions • Municipal food material collection operations • 1 ton per day from residents • Must move often enough to prevent odors • Composting Operation at a Non-Residential Location • Limited to <5 tons or <10 cubic yards per week of vegetative materials, food or manures • Notify BOH • Agricultural material composting operations • Located on a farm and registered with DAR • Complies with DAR regulations and policies

  7. Category 2 - Exemptions • Recycling Operations handling only pre-sorted materials • Recycling drop-off centers • Beverage container redemption centers • Paper baling and handling • CRT Operations

  8. Category 3 – Summary of Changes • Category 3 - Permits by Rule (replaces old conditional exemptions) • Modified tonnage limits that constrain recycling and composting activities • Requiring certifications and annual reporting

  9. Category 3 - Permits by Rule • Permits by Rule for recycling operations • Recycling operations handling <250 tpd (increased from 100 tpd) • Operations must be enclosed • Residues no more than 10% of incoming pre-sorted material • Certification at start of operation and every 5 years • Annual reporting • Existing operations must certify within 30 days of promulgation of regulations

  10. Category 3 – Permits by Rule • Permits by Rule for Organics Management – General Performance Standards: • Uses only source separated organics • Operation must meet performance standards • Ensure quality of source separated organics and products • Prevent unpermitted discharges • Results in no public nuisance • No threat to public health, safety or the environment

  11. Composting Performance Standards • Proper training of personnel • Proper number of personnel for size of facility • Equipment is appropriate • Timely and regular turning of compost to maintain aerobic conditions and prevent nuisance odors • Timely incorporation of putrescible materials but no later than end of day and to evenly distribute through the pile • Group Two materials no more than 30% of total windrow • Maximum volume per unit are of 5,000 cy/acre • Proper monitoring of temperature to prevent nuisance conditions • Proper site engineering to prevent ponding, control run-off, etc. • Maintain accurate records and annually report to DEP

  12. Source Separated Organic Materials Table Group One materials (Non-putrescible) Group Two materials (Putrescible) • Yard waste • Clean wood • Paper and paper products • Cardboard • Clean shells and bones • Plant materials • Animal bedding materials • Solids from anaerobic or aerobic digester • Food material (including any commingled biodegradable products and biodegradable paper) • Agricultural material (including manures) and non-agricultural manures • Vegetative material (including any commingled biodegradable products and biodegradable paper) • Grass clippings

  13. Category 3 – Permits by Rule • Permits by Rule for Organics Management • Yard waste composting • <25% grass clippings by volume • <50,000 cy or 10,000 tons on site at any time • Maximum volume per unit area of 5,000 cy/acre • Submit certification to MassDEP and BOH and annual report • General composting • < 50 tpd of Group 2 Materials • <50,000 cy or 10,000 tons on site at any time • Submit certification to MassDEP and BOH and annual report

  14. Category 3 – Permits by Rule • Permits by Rule for Aerobic or Anaerobic Digestion Operations • Must meet similar list of performance standards as composting operations • <60 tpd of SSO • Off-site SSO must be delivered via sealed tanker truck using direct connection (hose) to limit nuisance conditions • SSO must be added by end of day or stored in sealed tank • Submit certification to MassDEP and BOH and annual report

  15. Category 4 – Summary of Changes • Category 4 - Recycling, composting, conversion permits (replaces old DON permits) • Requiring certifications and annual reporting • Enhanced the public comment process starting with MEPA • Eliminating composting tonnage restrictions that limited the size of composting projects • Adding a new category of exempt activities called “Conversion” which includes anaerobic digesters

  16. Category 4 - Permits • Recycling, composting and conversion permits • Applicability • If you cannot be exempted or don’t qualify for a PBR, then can apply for a permit for recycling, composting and conversion operations • Pre-sorted materials only (Organics must be source separated) • Operations that will process and transfer SSO for use at other operations must also get a permit • Existing operations with a DON will need to certify within 5 years • MEPA • Propose that ENF be required for any project required to get a recycling, composting or conversion permit • Propose that an EIR be required for any project that proposes to accept >300 tpd of SSO

  17. Category 4 - Permits • Permit Application - provide information on: • Pre-sorted materials • Does the material meet the test as a pre-sorted material? • Sorted and not commingled with solid waste at source or processing facility • Not significantly contaminated with toxic substances • Separated from solid waste to maximum extent possible and in no case contains greater than 10% residual materials • Organics must be source separated

  18. Category 4 - Permits • Permit Application - provide information on: • Material • Pre-sorted or source separated • Description and characterization as necessary • Quantity, quality and sources • Site • Maps showing location, wetlands, zoning • Site and layout plans showing all equipment, access, etc;

  19. Category 4 – Permits • Permit Application – provide information on: • Technology • Description of processing and conversion equipment • Process flow • Products and by-products • Description of products • QA/QC plan for products • Description of solid waste generated and where disposed • Quantity and quality of air emission or water discharges and how managed

  20. Category 4 - Permits • Permit Review Criteria • Application accurate and complete • Is the material adequately pre-sorted or source separated and procedures in place to ensure quality • Residue generation rates do not exceed limits • Materials meet definitions of recyclable material or compostable material • Materials can be feasibly processed and recycled, composted or converted • Site is appropriate size, location • No speculative accumulation of input materials or products • Operation will not cause nuisance conditions • Operation can be developed in compliance with all other state and local regulations (wetlands, air quality, sewer discharge, local zoning)

  21. Category 4 - Permits • Public Comment Process: • Operations getting permit have gone through MEPA • MassDEP issues a draft permit • Notice to newspaper • Copy to BOH • 30 day public comment period • Option to hold a public hearing if sufficient interest, as determined by MassDEP • MassDEP issues a final permit • Adding appeal language to regulations

  22. Proposed Organics Projects • On farm composting – Regulated by DAR – Category 2 exempt • Off farm composting: • < 50 tpd SSO – Category 3 - permit by rule • >50 tpd SSO – Catetory 4 - composting permit • A future Five Farm anaerobic digester type project <60 tpd • Category 3 - Permit by rule for anaerobic digestion • Large anaerobic digester > 60 tpd SSO • Category 4 – Permit for conversion

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