Update on Proposed Compostable Material Handling and In Vessel Digestion Regulations

Transcription

1 Update on Proposed Compostable Material Handling and In Vessel Digestion Regulations ESJPA Board Meeting 1215 K Street Sacramento, CA December 5, 2013 Ken Decio CalRecycle

2 Revising Compostable Materials Handling Regulations Previous rulemaking: 2003 Current informal rulemaking Address issues not completed in 2003 Address priority issues based on stakeholder feedback

3 Revision to Title 14 & Title 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

4 Stakeholder Workshops &Initial Discussion Draft Text Staff held 16 workshops from October 2011 through May 2013 to obtain stakeholder input on these 14 regulatory issues Staff completed revisions to the draft regulations based on written stakeholder comments in August 2013

5 Formal Rulemaking At the October 15, 2013 public meeting, the Director requested CalRecycle staff to submit the regulatory packet to the Office of Administrative Law to initiate the formal rulemaking process

6 Major Changes/Issues Food Material Composting Small scale Compost Exclusion Land Application of Compostable Materials Physical Contaminants in Compost Odor Management In Vessel Digestion (anaerobic digestion)

7 Food Material Composting Current Food Material definition is general Does not distinguish between various food waste types Food material composting requires a full permit

8 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 and requires a Registration Permit Food material composting still requires a Compostable Materials Handling Facility Permit

9 Small Scale Compost Exclusion Under current regulations: Green material generated on site: 500 yd 3, 10% food material, 1,000 yd 3 given away or sold annually Within vessel composting (< 50 yd 3 ) Noncommercial composting provided all compostable material is generated and used on site, < 1 yd 3 food material

10 Proposed Small Scale Compost Exclusion Regulation Composting green material, food material, and vegetative food material is excluded if total amount of feedstock & compost on site at any one time does not exceed 100 cubic yards and 500 square feet.

11 Compostable Material Handling Regulatory Tiers Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit Agricultural material derived from an agricultural site and returned to the same site Agricultural Material Composting Operations (all) Vegetative Food Material Composting Facilities (< 12,500 yd 3 ) Composting Facilities (all) (e.g. biosolids, food material, digestate, mixed solid waste) Vermicomposting Green Material Composting Operations (< 12,500 yd 3 ) Green Material Composting Facilities (> 12,500 yd 3 ) Mushroom farming Biosolids Composting Operations at POTWs (all) Vegetative Food Material Composting Facilities (> 12,500 yd 3 ) Small scale composting (< 100 yd 3 or 500 sq. feet) Research Composting Operations Refer to Section for complete list Chipping and Grinding Operations (< 200 tpd) Chipping and Grinding Facilities (200 tpd < x < 500 tpd) Chipping and Grinding Facilities (> 500 tpd)

12 Land Application of Compostable Materials Application of compostable materials to agricultural land is beneficial use if it meets CA Dept. of Food & Agriculture requirements. Need better method to determine when land application is considered disposal.

13 Proposed Land Application Regulation Any land, including Ag 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 RWQCB, can approve alternative depth & application frequency Ag land only Meet 0.1% physical contaminant limit Finding from CDFA that the use is agronomically beneficial

14 Physical Contaminants in Compost Current regulations do not contain a limit for physical contaminants in compost. Proposed regulation would require compost to contain no more than 0.1% by weight of physical contaminants greater than 4 millimeters.

15 Odor Management Under current regulations, operators must develop an Odor Impact Minimization Plan (OIMP). If the OIMP is being implemented but odor impacts are still occurring, EA may issue a Notice and Order requiring an operator to take additional measures to minimize odors.

16 Proposed Odor Regulation Minimize odor impacts so as to not cause a nuisance. injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood or any considerable number of persons. The extent of annoyance or damage inflicted upon an individual may be unequal.

17 Proposed Odor Regulation Operator could continue OIMP if there are no chronic odor problems or could voluntarily prepare an Odor Best Management Practice Feasibility Report. In situations where there are consecutive or chronic odor violations, the EA may require the operator to: Prepare an Odor Best Management Practice Feasibility Report, and Employ additional reasonable and feasible measures to minimize odors.

18 Odor Best Management Practice Feasibility Report Identify sources of odor Document BMP s that have been used/not used Submit plan/implementation schedule to LEA

19 Proposed Odor Regulation EA investigates odor complaint as soon as practical prior to issuing a violation for failing to minimize odor. Odor complaint investigation includes: Date and time EA arrived and departed Observations on wind direction/speed & general weather conditions If odor is detected, the EA: Documents odor location & odor characteristics Verifies odor event & determines if odor is interfering with the complainant s use and enjoyment of the property Identifies activities conducted at the solid waste facility/operation at the time of the odor event.

20 In Vessel Digestion (Anaerobic Digestion) Anaerobic digestion (AD) is currently regulated under the Compostable Materials Handling or Transfer/Processing regulations, depending on the nature of feedstock & how it is handled

21 Draft In Vessel Digestion Regulations CalRecycle staff: Views AD as a process in between Transfer/Processing and Compostable Materials Handling Intended to develop initial draft regulatory text for AD Became aware of several in vessel digestion technologies that do not utilize AD Proposes to broaden the scope of regulations to cover other types of in vessel digestion activities, including AD

22 Draft In Vessel Digestion Regulatory Tiers Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit Anaerobically digestible materials at POTWs Limited Volume In Vessel Digestion Operation Medium Volume In Vessel Digestion Facility Large Volume In Vessel Digestion Facility Ag material derived from ag site & returned to same site Research In Vessel Digestion Operation In vessel digestion activities with less than 100 cubic yard on site capacity In Vessel Dairy Digestion Operation Handling activities that are already subject to more stringent handling requirements under Federal or State law Distribution Center In Vessel Digestion Operation

23 Next Steps Economic & Fiscal Analysis Initial Statement of Reasons Submit proposed regulations to OAL

24 Information on the Rulemaking Process Compostable Materials, Transfer/Processing Rulemaking CalRecycle: Compostable Materials, Transfer/Processing Rulemaking Listserv Staff contacts: Ken Decio and Bob Holmes Send comments to Ken Decio at