Regulating CompostingRegulating CompostingUnited States Composting Council Compost

Operations Training CourseMarch 4, 2015

Greg ReyesCounty of Riverside

Department of Environmental Health

Ken Decio California Department of Resources Recycling and Recovery

(CalRecycle)

Regulations you may need to know

State• CCR, Title 14.• Environmental Protection– Waste– Water– Air

• Occupational safety• Product

Local• Land Use/Zoning/CUP• Construction &

Occupancy/Building• City/County Code• Solid Waste Mgmt• Hauling Franchise

Agreements

California Regulations(Integrated Waste Management Act)

– Integrated approach to waste management practices: emphasis on recycling and waste reduction.

– Title 14 (compost, transfer station, chip & grind, tiers) – Title 27 (Landfill)– Defined a statewide solid waste permitting and

enforcement program to be administered by CalRecycle and enforced at the local level by certified Local Enforcement Agencies (LEA).

– CalRecycle has dual mandate of assistance and enforcement

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Different types of Compostable Material Handling Permits

Full– Allows processing of all materials

Registration (limited scope)– Limited scope to make it easier to get permit

Enforcement Agency Notification (Permit-by-rule)– Permit deemed automatically within specific set of

conditions– Notify Planning Department

Composting Tiers

Excluded

Enforcement Agency Notification

Full Permit

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Tier Placement Based On:

Material Type (feedstock)

Volume to be processed

Location

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Material Type (Feedstocks)–Agricultural Material–Green Material–Biosolids–Food Material–Mixed Solid Waste

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Tier Placement

Volume to be processed•Compost– Excluded 500 yd3 or less material generated on site– Notification 12,500 yd3 or less green material – Full Permit >12,500 yd3 green material &/or other material

• Chip and Grind– Notification < 200 tons per day– Registration 200 to 500 tons per day– Full Permit > 500 tons per day

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Tier Placement

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TYPE OF FEEDSTOCK

EXCLUDED EA NOTIFICATION FULL PERMIT

BIOSOLIDS STORAGE ON SITE AT A POTW BIOSOLIDS ONLY SEPARATE FROM NORMAL TREATMENT AT A POTW

GREEN MATERIAL ≤500 CU YDS ONSITE≤1000 CU YDS GIVEN AWAY OR SOLD ANNUALLY

≤12, 500 CU YDS >12,500 CU YDS, ORGREEN MATERIAL WITH OTHER WASTE INCLUDING FOOD

AGRICULTURAL MATERIAL(INCLUDES MANURE)

≤1000 CU YDS GIVEN AWAY OR SOLD ANNUALLY

ONLY AG MATERIAL WHEN MIXED WITH OTHER WASTE INCLUDING FOOD

RESEARCH <50 CU YDS ≤5000 CU YDS ON-SITE OR IN-VESSEL(>5000 CU YDS WITH LEA APPROVAL)

FOOD WASTE ≤10 % FOOD WASTE, ONLY WITH GREEN MATERIAL ≤500 CU YDS, ON-SITE AND ≤1000 CU YARDS GIVEN AWAY OR SOLD ANNUALLY

RESEARCH OPERATION

ONLY WHEN ADDED TO THE TREATMENT OF BIOSOLIDS AT A POTW

ALL OTHER SITUATIONS

Locations–Stand-alone operation or facility–Co-located at a permitted solid waste facility–Biomass conversion site–Farm and ranch–Public Operated Treatment Works

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Tier Placement

Site Standards

Construction and Site Preparation– Layout or components– Maps– Signage and security– Leachate/runoff mgmt– Pad materials or performance– Engineering signoff

Site Standards

Permitting Requirements– Methods– Monitoring– Contingency or emergency– Non-compostables mgmt (contaminants)– Time limits– Closure requirement– Odor control (OIMP)

Site Standards

Odor Impact Minimization Plan– Nuisance odor plan, response methodology– Weather variations– Moisture/aeration– Regulatory approval– Documentation, benefit to the operator

Site Standards

Record Keeping– Log of operation– Annual report

Paper or electronic?Specific forms?

– How long to keep– Available for inspection

Site Standards

Sampling and Product Quality– Are there standards?– Sampling methodology and frequency– Labs specified?– Substitution?– Before distribution?– Availability?– Recourse if failed?

Other Environmental Protection Permits

Water Protection– State Water Resources Control Board– Regional Water Quality Control Boards (9)– National Pollution Discharge Elimination System– Erosion and Sediment control during construction– Long term stormwater management

Air Protection– Local air pollution control districts (35)– Odors as nuisance– Air pollutants from point sources

Other Permitting

Zoning– Often requires conditional use permit– Has been approved as an “ag-related” business

Fire Marshal

Solid Waste Management – District, County, Agency, Authority, or ?– May need to approve or include in plan

Sales & Marketing

Agriculture or Consumer ProtectionDepends on claims– Fertilizer, soil amendment or conditioner– Fertilizer includes guaranteed analysis of N-P-K

Label requirements

Facility license and product registration

– Certify and evaluate LEAs– Provide LEAs with technical support and training– Concur or object to issuance of permits– Inspect landfills (18 months) & other facilities as

needed to evaluate & assist LEAs

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CalRecycle Responsibilities

– Process and issue permits– Inspect facilities– Document compliance status– Complaint investigations– Carry out Enforcement Actions

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LEA Responsibilities

Inspectors take an overall view of the facility

Some facilities require more odor control than others

LEA Responsibilities

Common Problems– Heat, lack of or too much– Volume of Material – Record Keeping– Sources of liquids– Odors, Odors, Odors!!!!!

Working with Regulators

The InspectionYou know what they will look for!!!

– State Minimum Standards– Permit Conditions– Site volume limits– Organized and complete records– Complaint response

Working with Regulators

Regulators are regular people– Ask questions– Make sure you understand requirements and

expectations– Ask questions– Discuss problems– ASK QUESTIONS!

Be vigilant and you won’t get burned out.

CalRecycle On-Line Assistance

Tier Placementwww.calrecycle.ca.gov/LEA/Regs/Tiered/TierChart.htm

Permit Toolboxwww.calrecycle.ca.gov/SWFacilities/Permitting/default.htm

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Revisions to Title 14 & Title 27 – 14 Issues

Food waste definition Land application: disposal or beneficial use On-site storage and 12,500 cubic yard limit Odor complaints POTWs accepting food waste and fats, oils and grease Green waste contamination Anaerobic Digestion facility permitting Regulatory coordination of meat, fish, and poultry Max. metal concentrations consistency with federal regulations Clarify “processing” in agricultural material definition Small-scale composting exclusions Clarify “permitted maximum tonnage” on Form E-1-77 Vermiculture EA Notification Inspection frequency language

Formal Rulemaking

- Formal rulemaking process – Oct. 10, 2014

- 45 day written comment period - Dec. 5, 2014

-Public hearing on December 10, 2014

-Staff currently reviewing comments

-Informal workshop – March 2015

Major Changes/Issues

– Food Material Composting

– Physical Contaminants in Compost

– Land Application of Compostable Materials

Food Material Composting

Current Food Material definition is general

Does not distinguish between various food waste types

Food material composting requires a full permit

Proposed Food Material Composting Regulation

Expands food material definition; adds “vegetative food material”

Allows composting of vegetative food material at a “Vegetative Food Material Composting Facility”

Food material composting still requires a Compostable Materials Handling Facility Permit

Proposed Compostable Material Handling Tiers

Excluded TierEnforcement

Agency Notification Tier

Registration Permit Tier

Full Solid Waste Facility Permit

Agricultural material derived from an agricultural site and

returned to the same site

Vermicomposting

Mushroom farming

Small-scale composting(< 100 yd3 or 500 sq. feet)

Refer to Section 17855 for complete list

Agricultural Material Composting Operations (all)

Green Material Composting Operations

(< 12,500 yd3)

Biosolids Composting Operations at POTWs (all)

Research Composting Operations

Chipping and Grinding Operations (< 200 tpd)

Vegetative Food Material Composting Facilities

(< 12,500 yd3)

Chipping and Grinding Facilities

(200 tpd < x < 500 tpd)

Composting Facilities (all)(e.g. biosolids, food material, digestate, mixed solid waste)

Green Material Composting Facilities

(> 12,500 yd3)

Vegetative Food Material Composting Facilities

(> 12,500 yd3)

Chipping and Grinding Facilities

(> 500 tpd)

Physical Contaminants in Compost

Current regulations do not contain a limit for physical contaminants in compost.

Physical Contaminants in Compost

Proposed regulation would require compost to contain no more than 0.1% by weight of physical contaminants

Land Application of Compostable Materials

Application to agricultural land is beneficial use if it meets CA Department of Food & Agriculture requirements.

Need better method to determine when land application is considered disposal.

Proposed Land Application Regulation

Any land, including Agricultural land Meet 0.1% physical contaminant limit, metals concentrations and pathogen density requirements

One application per year, not to exceed 12” total accumulated depth

- EA, in consultation with Regional Water Quality Control Board, can approve alternative depth & application frequency

Agricultural land only Meet 0.1% physical contaminant limit

Finding from CDFA that the use is agronomically beneficial