Public Hearings on Proposed Regulations to Encourage Organics Diversion

1. Public Hearings on Proposed Regulations to Encourage Organics Diversion Massachusetts Department of Environmental Protection Dec 20, Jan 9, 10, 11, 12

2. Summary of Proposed Regulations 310 CMR 16.00 � Site Assignment 310 CMR 19.000 � Solid Waste Management 314 CMR 12.00 - Operation and Maintenance Standards for Wastewater Treatment Plants

3. Major Solid Waste Goals Divert substantially more organics � 350,000 tons per year - from solid waste disposal facilities by 2020 To composting operations To anaerobic digesters Generate clean power using Source Separated Organics (SSO) Reduce GHG emissions Support farms by providing additional energy and revenue source & manure management option

4. Waste Water Treatment Plant Energy Goals Increase efficiency of waste water treatment facilities Reduce operating expenses Generate clean power

5. Issues with Current Regulations Anaerobic digestion technology not addressed Current exemptions from site assignment limited to composting and recycling Tonnage restrictions for composting operations preclude anaerobic digesters Existing DON process has limited public review process for Board of Health No provision allowing Source Separated Organics to go to a WWTP

6. Proposed: 310 CMR 16.00 � Site Assignment Establish new definitions in the Site Assignment Regulations for �biodegradable�, �biodegradable product�, �clean wood�, �conversion�, and �putrescible� Revise existing definitions for terms used in the amended regulations Increase the limits for exempt recycling and composting operations

7. Proposed: 310 CMR 16.00 � Site Assignment Add to list of exempt manufacturing operations: Cement and concrete plants Foundries Asphalt batch plants Rendering plants Operations that recycle clean wood

8. Proposed: 310 CMR 16.00 � Site Assignment Add to existing storage and processing exemptions: Small municipal food material collection activities Activities at farms regulated by Massachusetts Department of Agricultural Resources (MDAR)

9. Proposed: 310 CMR 16.00 � Site Assignment Exempt Operations that accept �Pre-Sorted� Materials, including Source Separated Organics (SSO) Create Permits by Rule (PBR) for smaller recycling and composting operations Create site-specific Recycling, Composting and Conversion Permits for larger recycling, composting and conversion operations

10. Proposed: 310 CMR 16.00 � Site Assignment Permits by Rule would cover: Recycling Operations <250 tons per day Composting organic materials Yard waste composting operations General composting operations Aerobic and anaerobic digestion operations Limited to 60 tpd or less Annual compliance certification required

11. Proposed: 310 CMR 16.00 � Site Assignment Replace the current approval process (e.g., �Determination of Need�) with a permit process designed to allow consideration of any type of facility that will manage pre-sorted materials through recycling, composting, or conversion of source separated organic and other materials into a new product or energy Enhance the existing public comment process for facilities that seek a permit for recycling, composting or conversion

12. Proposed: 310 CMR 16.00 � Site Assignment Site-specific Recycling, Composting and Conversion Permits (replaces former DON process) Handle only pre-sorted materials Require a permit application Describe pre-sorted materials Describe the site Describe the technology Describe products and residue produced Public Comment Period on the draft Permit Establish an appeal process Annual compliance certification required

13. Proposed: 310 CMR 16.00 � Site Assignment Grandfathering Facilities currently operating under a Determination of Need (DON) permit DON with an expiration date would convert to applicable category on or before the renewal date DON with no expiration date � Operator has 5 years from the effective date of the regulations to determine what category it will operate under and submit required notification or certification

14. Proposed: 310 CMR 16.00 � Site Assignment Recycling, composting or conversion projects proposed at existing solid waste facilities with a site assignment Check site assignment to ensure recycling, composting or conversion project would be allowed If allowed by the site assignment, then if operation is exempt or requires a Permit by Rule, then: Submit certification that project is allowed by SA and will not interfere with existing solid waste operations If operation requires a recycling, composting or conversion permit, then: File application as a modification of the facility permit

15. Proposed: 310 CMR 19.000 � Solid Waste Management Definitions revised to match those being revised in the site assignment regulations.

16. Proposed: 314 CMR 12.00 � O&M Standards for Wastewater Treatment Plants Clarify that facilities that manage wastewater treatment residuals in accordance with a Site Assignment issued under M.G.L. c. 83, � 6 and regulated pursuant to 314 CMR 12.00 are not covered by the Solid Waste Site Assignment Regulation Opens up potential to add source separated organic materials to process for purposes other than traditional treatment Enhance energy production

17. Proposed: 314 CMR 12.00 � O&M Standards for Wastewater Treatment Plants Explicitly allow POTWs to accept source separated organics in AD units at the POTW Add new record keeping and reporting requirements for SSO Clarify existing requirement for MassDEP approval of O&M manual Include presumptive approval process for rules and regulations, manuals, plans and contracts prepared by POTW for MassDEP review and approval

18. Public Comment Period 5 Public Hearings: December 20 � DEP Boston January 9 � DEP Worcester January 10 � Holyoke Community College January 11 - DEP Lakeville January 12 � DEP Wilmington Comment period ends: 5 pm, Monday January 23, 2012

19. Written Comments Email comments to: james.doucett@state.ma.us OR Mail comments to: James Doucett Bureau of Waste Prevention MassDEP 1 Winter St, Boston, MA 02108