What is Required by TCEQ to Open a Compost and Mulch Facility?

Transcription

1 What is Required by TCEQ to Open a Compost and Mulch Facility? Overview of Texas Commission on Environmental Quality (TCEQ) Compost Authorizations Charles Brown Municipal Solid Waste Section Texas Commission on Environmental Quality

2 Where in the rules to begin? Title 30, Texas Administrative Code Chapter 330 Leads to 332 Section 330.1(d) This Chapter does not apply to any person that composts MSW in accordance with Chapter 332 unless.. a Permit is required Chapter 332 applies to persons who compost or mulch: Not Ch 330 (unless... a Permit is required) We Should Start Here

3 Tiers of Authorizations and Applicable Forms/Rules Chapter 332 TCEQ Authorizations Types Exempt Notified Registered Permitted

4 What is an Exempt Authorization? 332.3(d) Applicability Exempt from requirements that are applicable to Notification, Registration, and Permit authorizations under Not exempt from all requirements General Requirements Requirements of exempt recycling facilities (328.(4) and (5))

5 Notice of Intent to Operate a Recycling Facility 332.3(d) leads to 328 Feedstock Material Notice Requirements Public Participation? Subject to Recycling and Compost Rules? End Product Testing Approximate Timeframe to Complete Review Process source separated; yard trimmings; clean wood material; To TCEQ s MSW Permits Section What None is an Exempt Authorization Yes: General Requirements (Section 332.4); Air Quality Requirements [(Section 332.8(b)]; None days vegetative material; Storage Limitations (Section 328.4); Paper; and Manure Reporting and Recordkeeping (Section 328.5)

6 Exempt Operations NOI to Operate a Recycling Facility Forms to Submit: Notice of Intent to Operate a Recycling Facility - Form TCEQ with Applicable Attachments (A F); and TCEQ Core Data Form - Form TCEQ-10400

7 Exempt Operations NOI to Operate a Recycling Facility NOI to Operate Form TCEQ Attachments: Attachment A Map of Site Location Attachment B Description of Operation Compost or Mulch (Option 2, 3, or 4) Attachment C End Use for Finished Product

8 Exempt Operations AKA NOI to Operate a Recycling Facility NOI to Operate Form TCEQ Attachments (cont d): Attachment D Closure Cost Estimate /Financial Assurance - Section 328.4(c)-(e) Attachment E Alternative Compliance Demo Sections 328.4(c),(e),and (f) Attachment F Bexar County Section 328.4(g)

9 Exempt Operations NOI to Operate a Recycling Facility Review Process Non OCC MSW Permits Staff review forms (within 30 days of receipt) for Completeness/Sufficient Information to Satisfy Rule Requirements Staff Corresponds with Applicant/Operator for required information Staff Coordinates with the TCEQ Region Once Applicant/Operator provides complete information TCEQ mails acknowledgement/approval letter

10 Other Exempt Operations and Not applicable but Other TCEQ Requirements are Agricultural operations that generate and compost agricultural materials on-site; Land application of yard trimmings, clean wood materials, vegetative materials, and manure at rates to agronomic rates - TX Agricultural Extension Service; Application of paper that is applied to land for use as an erosion control or a soil amendment; and On-site composting of industrial solid waste at a facility that is in compliance with section and section

11 Exemptions to Exempt Operation Requirements (328.4(a)(1) (2)) Operator is a local government or agency of State or federal government Receives > 50% of recyclable material directly from any combination of generators not affiliated with the facility, from the public, or from haulers not affiliated with the facility and receives no financial compensation for material accepted and Operator can show material is potentially recyclable and has an economically feasible means of being recycled Facility is owned/operated by, or affiliated with, a person who holds a permit to dispose of municipal solid waste.

12 Exemptions to Exempt Operation Requirements (Cont d) Backyard Operations are subject only to General Requirements Backyard Operators include homeowners, tenants of single or multi-family residences, apartment complexes, commercial complex, or institutional complex where feedstock is generated, composted, and applied. Backyard feedstock: grass clippings, leaves, brush, clean wood material, and vegetative material.

13 Compost Notification NOTICE OF INTENT TO OPERATE A COMPOST FACILITY Section 332.3(c) and Chapter 332, Subchapter B Sections and 328.5

14 Feedstock Material Compost Notification NOTICE OF INTENT TO OPERATE A COMPOST FACILITY Section 332.3(c) and Chapter 332, Subchapter B Notice Requirements For Public Participation Subject to Recycling and Compost Rules? End Product Testing Approximate Timeframe to complete review process Exempt material plus: Source- Separated: Meat Fish Dead Animals Dairy Material Meat/Vegetable Oils and Greases Not FOG from grease trap/interceptors Mailed Notice To Adjacent Land-owners via TCEQ s MSW Permits Section and OCC Limited to Adjacent Land-owners via letter correspondence: Compost Notification no motion to overturn, no public meetings, no public hearing available Yes: General Requirements (Section 332.4); Air Quality Requirements [(Section 332.8(c)]; AKA NOTICE OF INTENT TO OPERATE A COMPOST FACILITY Storage Limitations (Section 328.4); Reporting and Recordkeeping (Section 328.5) Plus Some Operational Requirements (Section ) No 60 to 120 days

15 Compost Notification NOTICE OF INTENT TO OPERATE A COMPOST FACILITY What Forms to Submit: Notice of Intent to Operate a Compost Facility, TCEQ-0651 TCEQ Core Data Form - Form TCEQ-10400

16 Compost Notification NOI TO OPERATE A COMPOST FACILITY Section 332.3(c) and Chapter 332, Subchapter B Review Process OCC Notice MSW Permits Staff review forms (within 30 days of receipt) for Completeness/Sufficient Information to Satisfy Rule Requirements Staff Corresponds with Applicant/Operator for required information Staff Coordinates with the TCEQ Region

17 Compost Notification NOTICE OF INTENT TO OPERATE A COMPOST FACILITY Review Process OCC Notice Once Applicant/Operator provides complete information MSW Staff transmits Notice to OCC for adjacent landowner mailings OCC mails Notice to adjacent landowners Once MSW receives verification of mailing from OCC; TCEQ issues acknowledgement/approval letter

18 Exemptions to Compost Notification Only to requirements of and and only if Operator... Is local government or agency of State or federal government; or Receives > 50% of recyclable material... ; or Operator smelts recyclable metals... ; or Facility s affiliation... (Same Exemptions as Exemptions to Exempt Operations)

19 Compost Registration Section 332.3(b), Chapter 332, Subchapter C & Sub G Specific Operational Requirements End Product Testing Required Opportunity for Public Meetings No Opportunity for a Contested Case Hearing Admin Review of Application (MSW-Project Manager) Technical Review of Application (MSW-Project Manager)

20 Compost Registration Section 332.3(b), Chapter 332, Subchapter C & Sub G Specific Operational Requirements End Product Testing Required Opportunity for Public Meetings No Opportunity for a Contested Case Hearing Admin Review of Application (MSW-Project Manager) Technical Review of Application (MSW-Project Manager)

21 Compost Registration Section 332.3(b), Chapter 332, Subchapter C & Sub G Feedstock Material Notice Requirements For Public Participation Subject to Recycling and Compost Rules? End Product Testing Approximate Timeframe to complete Review Process Exempt material plus: Compost Notification Material Plus: Municipal sewage sludge Disposable diapers Paper sludges Mailed Notice To Adjacent Landowners via TCEQ s MSW Permits Section and OCC Published Notice Opportunity for Public Meetings (Published & Mailed) Opportunity for Motion to Overturn ED Decision (Mailed) No opportunity for contested case hearing No to Recycling / Yes to Compost: General Requirements (Section 332.4); Air Quality Requirements [(Section 332.8(d)]; Operational Requirements (Section ) Plus Yes Sludge=Chapter 312 and (d)(2) (A) and (D) No Sludge = and months Admin and tech Soil Liner Required

22 Compost Registration Section 332.3(b) & Chapter 332, Subchapter C and Subchapter G What Forms to Submit: Notice of Intent to Apply for a Compost Facility Permit or Registration (Compost Form No. 2 and 3, consolidated) (Form TCEQ-0653) TCEQ Core Data Form (Form TCEQ-10400) Additional Required Information submitted in 3-Ring Binders

23 Compost Permit Chapter 330; Section 330.1(d), Chapter 332, Subchapter D, E, F, & G Section 332.3(a) Specific Operational Requirements End Product Testing Opportunity for Public Meetings Opportunity for a Contested Case Hearing Admin Review (Permit App Review Team) Technical Review of Application (PM +)

24 Compost Permit Chapter 330; Section 330.1(d) Chapter 332, Subchapter D, E, F, and G Section 332.3(a) Feedstock Material Notice Requirements For Public Participation Subject to Recycling and Compost Rules? End Product Testing Approximate Timeframe to complete review process Exempt material plus: Compost Notification Material Plus: Compost Registration Material Plus: Mixed MSW Waste Grease Trap Waste Mailed Notice To Adjacent Landowners via TCEQ s MSW Permits Section and OCC Published Notice Opportunity for Public Meetings (Published & Mailed) Opportunity for Motion to Overturn ED Decision (Mailed) Opportunity for contested case hear No to Recycling / Yes to Compost General Requirements (Section 332.4); Air Quality Requirements [(Section 332.8(e)]; Operational Requirements (Section ) Plus Soil Liner Required Yes Sludge=Chapter 312 and (d)(2) (A) and (D) No Sludge = and to 18 months Groundwater Monitoring Required

25 Compost Permit Chapter 332, Subchapters D,E,F, and G & Applicable portions of Chapter 330 Feedstocks that trigger a Permit: Grease Trap Wastes Mixed Municipal Solid Waste

26 Compost Permit Chapter 332, Subchapters D,E,F, and G; & Applicable portions of Chapter 330 What Forms to Submit: Notice of Intent to Apply for a Compost Facility Permit or Registration (Compost Form No. 2 and 3, consolidated) (Form TCEQ-0653) TCEQ Permit or Registration Application for MSW Facility: Part 1 (Form TCEQ-0650) TCEQ Core Data Form (Form TCEQ-10400)

27 Compost Permit Chapter 332, Subchapters D,E,F, and G; and Applicable portions of Chapter 330 Administrative and Technical Review in accordance with Chapter 281 Applications Processing We get to Chapter 281 via Section 332.3(a) regarding Applicability. Review is extensive

28 TCEQ Resources on the Web Requirements for Nonhaz Recycling and Composting Facilities: Summary Table for Rules Applicable to Recycling facilities: ity.pdf Compost Refund and Composting/Mulching; Am I Regulated: t.html Composting Topics:

29 Other Sources Best Management Practices for Incorporating Food Residuals into Compost Operations: Biodegradable Biopolymer s Certified Compostable Products: Methods/procedures for sampling, analysis, reporting, and interpretation of test results: Dairy Standard of Identity CFR Title 21 Section 131:

30 TCEQ Forms on the Web s/msw_amiregulatedcomposting.html/#forms

31 Contact Information Mailing Address: Texas Commission On Environmental Quality P.O.Box Austin, TX MSW MC-124 Main Line Telephone No. (512) Also; Charles Brown, Phone:(512)

32 Questions/Comments