Regulatory Updates - Massachusetts. Sherill Baldwin

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1 Regulatory Updates - Massachusetts Sherill Baldwin Environmental Analyst CTDEEP Environmental Business Council of New England Energy Environment Economy

2 C & D Management Update - Connecticut Sherill Baldwin EBC C & D Summit Framingham, Massachusetts January 30, 2014

3 Proposed Regulation Changes Legal Classification Permitting Asphalt Roofing Shingles - DOT Specification Wood Plainfield Renewable Energy Scrap Metal Tires EPR: Mercury Thermostats, Paint, Mattresses, Carpet

4 Type of Waste Landclearing debris Legal Classification in Connecticut Bulky waste (Change to Landclearing debris ) Examples Tree stumps, tree tops Demolition waste (from buildings) Bulky waste Concrete, wood, brick, plaster, roofing materials, wallboard, metals, carpeting, insulation Recycling Data Collected Wood, asphalt roofing shingles, wallboard, metals, carpet Construction waste (from buildings) Municipal solid waste ADD C&D from buildings Pallets, wood scraps, wallboard, siding and roofing scraps, packaging, partially used paints and stains, carpeting. Foam padding, insulation Pallets, wood scraps, wallboard, asphalt roofing shingles, used paints & stains, carpet Highway construction and demolition waste Bulky waste, municipal solid waste Asphalt, concrete, steel, related construction and demolition wastes, utility poles, railroad ties, brick, block, rock Oversized municipal solid waste Municipal solid waste ADD Oversized MSW Furniture, furnishings, carpeting, rugs In red: proposed changes

5 Changing Classifications Creating Categories of Exempt Materials No Longer considered Solid Waste No Longer will require Solid Waste Permit Examples: Recyclables (the products, not the process) Clean wood used as mulch, animal bedding, etc. Finished Compost (the product, not the process)

6 DOT testing specification with RAS (Enfield) October 2012 section of pavement 3% RAS 0% RAP July 2013 section of pavement (Manchester) Full-depth reclamation project Wearing surface contains 15% RAP and 5% RAS Lab testing on the reclaimed base, base course of RAP (no RAS) and the wearing surface

7 Fall 2014 CT DOT will introduce permissible language in specification, allowing RAS and increasing allowable RAP Timed for 2015 paving season for VIP contract

8 Allowable Fuels Land clearing debris Recycled (22a-209a(a)(1) ) Clean wood (22a-208a-1) Regulated wood fuel (22a-209a(4) ) Processed C&D wood (22a-208x(a)(2) ) Other clean wood (sawdust, bark, tree trimmings)

9 22a-209a(a)(1) Recycled Wood any wood or wood fuel which is derived from such products or processes as pallets, skids, spools, packaging materials, bulky wood waste or scraps from newly built wood products, provided such wood is not treated wood Bulky (wood) Waste - land clearing debris or brush, trees, stumps, logs (virgin wood)

10 22a-208a-1 Clean Wood wood derived from such products or processes as pallets, skid, spools, packaging materials, bulky wood waste (brush, land clearing debris) or scraps from newly built wood products, provided such wood is not treated wood or demolition wood (aka Recycled Wood as defined earlier)

11 22a-209a(4) Regulated Wood Fuel processed wood from C&D activities which has been sorted to remove plastics, plaster, gypsum wallboard, asbestos, asphalt roofing shingles and wood that contains creosote, pesticides or substances defined as hazardous.

12 22a-208x(a)(2) Processed C&D Wood the wood portion of C&D waste which has been sorted to remove plastics, plaster, gypsum wallboard, asbestos, asphalt shingles, regulated wood fuel and wood that contains creosote, pesticides or hazardous waste Manually or mechanically separated at a Solid Waste Volume Reduction Facility (VRFs)

13 All wood fuel suppliers will be pre-qualified based on the type of wood: Land Clearing Debris and/or Clean Wood Municipalities/Regional/State Agencies/Utilities/Tree Trimming Companies/Forestry Management/Developers Recycled Wood and/or Clean Wood Utilities/Contractors/Wood Product Manufacturers/ Permitted Wood Processors/Transfer Stations/Volume Reduction Facilities Regulated Wood Fuel and/or Processed C&D Wood Permitted Transfer Stations/Volume Reduction Facilities

14 Effective October 1, 2013 Section 2 Scrap Metal Processors Closing Data Gap through Reporting of Scrap Metal Recycling Provide commodities markets with information about amount of scrap metal. Close data gaps to ensure data-driven decision-making. Continues current exemption from permitting, provided data reports are submitted. Sec. 2. Section 22a-208f of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): Notwithstanding the provisions of section 22a-208a, a scrap metal processor, as described in section 14-67w, shall not be required to obtain a permit under section 22a-208a if on or before July 31, 2014, and annually thereafter, such scrap metal processor submits to the Commissioner of Energy and Environmental Protection, on a form prescribed by the commissioner, the amount of scrap metals generated within the borders of the state and purchased or received by such processor for the prior state fiscal year, including a good faith estimate of the amount received directly from instate construction or demolition sites. Such report shall identify the monthly amounts of scrap metal generated within the state, other recyclable materials generated within the state and recycling residue generated, each of which was sent out by such processor, and indicate the destination facility type for such materials, including an indication of whether such facility is in this state. PA

15 Tons Tires FY2013 Tires Reported Received by ReEnergy - Sterling CT Reported Received at REPORTED STATE or REGIONAL FACILITY of ORIGN of TIRES DELIVERED TO ReENERGY- STERLING CT FY2013 ReEnergy (Sterling CT) CONNECTICUT or CONNECTICUT REGIONAL FACILITIES CONNECTICUT- not through a regional facility 13, ATMA INVEST LLC (LKQ TIRE) - STERLING CONNECTICUT 4, ATMA reports receiving tires from CT, MA, NJ, NY,PA, & RI o Have identified other options for disposal (WTE) o Does not foresee a huge problem with ReEnergy closing DON STEVENS TIRE (TIRE VRF)- SOUTHINGTON CT DON STEVENS reports receiving tires from CT, MA, NJ, NY o They have identified other options but are concerned about higher transportation costs (would need to transport over greater distances) EMPIRE TIRE OF EDGEWATER - PLAINFIELD CT EMPIRE TIRE reports receiving tires from CT, ME,MA, NH, NJ, NY,PA, & RI o Does not foresee a huge problem with ReEnergy closing Empire Tire has used an alternative disposal (WTE Maine paper mill) option for the past couple of years. However there was no discussion about the ability of the Maine paper mill to absorb additional tires or the life expectancy of that mill. LAKIN TIRE EAST INC (TIRE VRF) - WEST HAVEN CT LAKIN TIRE reports receiving tires from CT, DE, ME,MA, MD, NH, NJ, NY,PA, RI, & VT o Does not foresee a problem with ReEnergy closing; 2, , MASSACHUSETTS OR MASSACHUSETTS REGIONAL FACILITIES MASSACHUSETTS - not through a regional facility , BOB'S TIRE COMPANY MATTAPOISET MASSACHUSETTS NEW YORK OR NEW YORK REGIONAL FACILITIES NEW YORK - not through a regional facility 1, , CASINGS INC (RRF) CATSKILL NEW YORK RHODE ISLAND REGIONAL FACILITY CENTRAL LANDFILL (RHODE ISLAND) JOHNSTON RHODE ISLAND 1,467.20

16 Unused Paint; law 2011, program Mercury Thermostats; law 2012, program Mattresses; law June 2013, program Carpet; dialogue 2014, legislation 2015

17 Sherill Baldwin Sustainable Materials Management CT Department of Energy an Environmental Protection