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MUNICIPAL2 Solid Waste Regs. Revisions, Paul Emond

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Paul Emond, MassDEP, discusses changes to the solid waste regulations that impact siting and permitting of various waste facilities.

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MUNICIPAL2 Solid Waste Regs. Revisions, Paul Emond

  1. 1. Municipal Recycling Council March April 2014
  2. 2. 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
  3. 3. 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
  4. 4. 16.03 - 16.04 - 16.05 Three 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
  5. 5. 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
  6. 6. 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
  7. 7. 16.00 - Key Definitions Recyclable 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
  8. 8. 16.00 – Key Definitions Organic 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
  9. 9. 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
  10. 10. 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
  11. 11. 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
  12. 12. 16.00 Revisions General 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
  13. 13. 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
  14. 14. Solid Waste Regulation Reform 19.000 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
  15. 15. 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
  16. 16. 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
  17. 17. 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
  18. 18. 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
  19. 19. 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
  20. 20. 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
  21. 21. 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
  22. 22. 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
  23. 23. Third Party Inspections  All Facilities – Transfer Stations, Landfills, Combustion Facilities  Effective 8/14/14  Focus  Operation and Maintenance  Waste Bans  Observe loads 23
  24. 24. 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)
  25. 25. 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
  26. 26. 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
  27. 27. 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
  28. 28. 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
  29. 29. 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. 30. 30 Site Assignment, Solid Waste Regulatory Reform Rules Regional Solid Waste Section Chief WERO-Dan Hall: daniel.hall@state.ma.us 413/755-2212 NERO-John Carrigan: john.carrigan@state.ma.us 978/694-3299 CERO-James McQuade: james.mcquade@state.ma.us 508/767-2759 SERO-Mark Dakers: mark.dakers@state.ma.us 508/946-2847 Boston BWP Paul Emond: paul.emond@state.ma.us 617/292-5974 For more information:

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