Municipal Recycling Council

March April 2014

Recent Regulations Talking About

Site Assignment Regulations – 310 CMR 16.00 “Organic Capacity Development”, “AD Regulations”, “Recycling,

Composting, Conversion (RCC)”

Final rule issued 11/23/12

Solid Waste Facility Regulations – 310 CMR 19.000 Solid Waste Regulation Reform

Final rule issued 2/14/14

Not Talking About Organics Waste Ban

Final rule issued 1/31/14

2

Recycling, Composting or Conversion (RCC) Operations/Activities

Do not require Site Assignment

Do not require a Solid Waste Facility Permit (310 CMR 19.000)

Are subject to regulation under provisions of 16.03-16.05

3

16.03 - 16.04 - 16.05Three major parts:

16.03 Exemptions from Site Assignment

16.04 General Permits for Recycling, Composting or Aerobic and Anaerobic Digestion Operations

16.05 Permit for Recycling, Composting and Conversion (RCC) Operations

4

16.03 Exemptions Reorganized and expanded Outright exemption from 16.00 but may require notification

Mostly, but not limited to, handling recyclable or organic material

Example: Recycling Drop-off Centers Example: Dumpsters at the site of generation

New additions Composting ≤ 20 cubic yards or 10 tons per week Municipal food material drop-off of ≤ 1 ton per day Both require Board of Health and MassDEP notification

Note: any exempt activity that provided notification under prior regulations does not have to do a new notification.

5

16.04 and 16.05

RCC operations regulated in accordance with 16.04 General Permit or a 16.05 RCC Permit must:

1. Only handle:

Recyclable Material (RM); or

Organic Material (OM); and

2. Recycle, compost or covert the RM or OM

6

16.00 - Key DefinitionsRecyclable or Recyclable Material means a material that

has the potential to be recycled and which is pre-sorted. Recyclable material includes biodegradable paper, but does not include:

organic materials that will be composted or converted; or

construction and demolition waste unless it has been separated and kept separate into at least the following categories:

asphalt, brick and concrete; ceiling tiles; wood; metals; plaster and wallboard; roofing materials; and carpet.

7

16.00 – Key DefinitionsOrganic Material means any of the following source separated materials: agricultural material; biodegradable paper; biodegradable products; clean wood; food material; vegetative material : or yard waste.

It does not include sanitary wastewater treatment facility residuals.

8

16.00 – Key Definitions

Conversion is a *new* term and concept

Conversion (or convert) means aerobic or anaerobic digestion or enzymatic, thermal or chemical degradation of organic materials. For purposes of 310 CMR 16.00, conversion does not include composting.

Organic material can be converted into energy (fuel), recyclable materials cannot

9

16.04 General Permits*New* - 16.04 - General Permit for Recycling, Composting or Aerobic

and Anaerobic Operations - *New* Applicability

a recycling operation that receives no more than 250 tons per day of recyclable materials, not including paper;

a composting operation that:

receives no more than 105 tons per week and no more than 30 tons per day of Group 2 organic materials,

contains less than 5,000 cubic yards of organic materials per acre; and

has less than 50,000 cubic yards of organic materials on site at any one time; or

an aerobic or anaerobic digestion operation that receives no more than 100 tons per day of organic material from on or off site, based on a 30 day rolling average

Key operating requirement: all handling occurs in sealed tanks or vessels with odor controls

10

16.04 General Permits*New* - 16.04 - General Permit for Recycling, Composting or

Conversion (RCC) Operations - *New* (Continued)

Certification Owner/operator attest to compliance with the regulations No approval issued by MassDEP

Certification Submissions New Operations

30 days prior to the start of operations

Existing (operations started prior to 11/23/12) By 2/15/2014

Email notification sent second week of January

All operations Annually

11

16.00 RevisionsGeneral Permit (16.04) Implications to Municipalities Leaf and Yard Waste Composting

200+ municipal operations

If not located at a SW facility (e.g. transfer station) Certification required under 16.04 General Permit

Email notice was sent in early January 2014

If located at a solid waste facility No certification required under 16.04 General Permit

Instead, submit composting data with SW facility annual report

If TS < 50 TPD only composting data required

12

16.05 – RCC Permits*New* - 16.05 Permit for Recycling,

Composting or Conversion (RCC) Operations - *New* RCC activities/operations not regulated in

accordance with 16.03 or 16.04 are regulated by 16.05

Replaces Determination of Need (DONs)

Existing DONs valid for up to 5 years

Application, MassDEP review and written approval

13

Solid Waste Regulation Reform19.000 Revisions

Three Major Areas of Changes:

1. Transfer Station Permit Streamlining For any size transfer station that does not handle 50 TPD or

more C&D waste

2. Presumptive Approvals Special Waste, Some Post-Closure Uses, Minor

Modifications (administrative changes and the like)

3. ‘Third-Party” Inspections Expansion and standardization of third party inspection

requirements

14

Transfer Station Permit Streamlining

New or expanded transfer stations:

Use similar process as now:

Site assignment from local BOH

File permit application

MassDEP reviews application and issues a permit and an Authorization to Construct (ATC) at same time

What is different? Once facility is constructed, file a certification prior to

operation (in place of an Authorization to Operate)

Any modification file a new certification

15

Transfer Station Certification

Existing Transfer Stations

File a certification under transition rules

Due June 14, 2014

Certification must:

Identify all valid/applicable permits (Facility permit, ATC, ATO, modifications, etc.)

Provide information relative to any modifications made after 2/14/14 or is being requested since the last written approval issued by MassDEP

Certification becomes the operating “permit”

Certifications are not “approved” 16

Transfer Station Certification

Modifications to Transfer Stations That are Not Expansions

No application required

Instead submit new certification

Modification approved unless MassDEP says otherwise

No written approved issued

17

Transfer Station Certification

Implications to Municipalities

Certification due 6/14/14

Form not yet developed

Expect email/snail mail reminder

Any future modification requires a new certification

A new certification required at least every five (5) years

18

Presumptive Approvals Applies to:

Post-closure uses not on the cap of a landfill Listed Special Wastes Minor modifications such as administrative changes

Application must be submitted to MassDEP and BOH 45 days before starting activity

BOH can comment to MassDEP within 45 day period MassDEP may request further information or deny in

that 45 day period, otherwise permit approved Within 45 days of completion of modification,

applicant submits as-built plans, unless no physical modifications made

19

Post-Closure Uses:

Post-closure uses on a landfill cap (final cover) requires a MassDEP written permit approval

Post-closure uses not located on the landfill’s cap or post-closure uses at any other type of solid waste facility requires a Presumptive Approval submission

20

Special Wastes

Presumptive approval for management of listed special wastes

Asbestos waste, medical and biological waste (infectious waste) and sludges

No approval required for other wastes provided:

Complies with facility’s site assignment, permit, and other relevant local, state or federal approvals

Does not result in adverse impacts to the public health, safety or the environment and does not create a nuisance

21

Third (3rd) Party Inspections (TPI) Goals:

Increase oversight of solid waste facilities or activities

Support compliance Decrease likelihood or duration of deviations

and potential adverse impacts on the environment

Standardize inspection and reporting requirements

22

Third Party Inspections All Facilities – Transfer Stations, Landfills,

Combustion Facilities

Effective 8/14/14

Focus

Operation and Maintenance

Waste Bans

Observe loads

23

Third Party Inspections Frequency for Both O&M and WB

24

Facility Type Inspection Frequency Landfill Every 2 months

(6/year) Closed landfill Every 2 years Transfer Stations 50 TPD or less

Once a year (1/year)

Transfer Stations More than 50 TPD

Twice a year (2/year)

C&D waste transfer station or processing facility

Every 3 months (4/year)

Combustion Facility Every 3 months (4/year)

Third Party Inspections

25

Facility Size Tons Per Day

Loads Observed for Waste Ban Compliance

1-99 4

100 - 299 8

300 - 499 12

500 - 999 16

1000 or more 20

Waste Ban Loads Inspected

Third Party Inspection Reports: Forms

Standard Inspection form Standard Reporting form Certification

By Third Party Inspector By owner/operator

Reports submitted by the facility owner to: MassDEP Local BOH

26

Third Party Inspector:Qualifications & Procedures• MassDEP will create and maintain a list of

registered third party inspectors (TPI)

• To register an individual must submit a certified Qualifications Statement

• Meet minimum academic/professional/experience requirements

27

Third Party Inspections Implications for Municipality

Transfer stations or other SW facilities must be inspected by TPI registered with MassDEP

Expect first list of registered TPI to be posted by 7/1/14

A municipal employee can inspect the town’s facility if:

He/she works for a different department; and

Is a MassDEP registered TPI (on the list)

28

Summation/Take Away Determine 16.04 General Permit Applicability to

Municipal Composting or Recycling Activities If applicable, submit certification or, if at activity is at a

solid waste facility, include recycling/composting information in annual report

Transfer Station Certification Be alert for communication from MassDEP on

approaching 6/14/14 submission dateline

Third Party Inspections Be alert for communication from MassDEP on

approaching 8/14/14 submission dateline

29

30

Site Assignment, Solid Waste Regulatory Reform Rules

Regional Solid Waste Section ChiefWERO-Dan Hall: daniel.hall@state.ma.us 413/755-2212

NERO-John Carrigan: john.carrigan@state.ma.us 978/694-3299CERO-James McQuade: james.mcquade@state.ma.us 508/767-2759

SERO-Mark Dakers: mark.dakers@state.ma.us 508/946-2847

Boston BWPPaul Emond: paul.emond@state.ma.us 617/292-5974

For more information: