Update on Solid Waste & Asbestos Initiatives

1. Update on Solid Waste & Asbestos Initiatives 2014 MHOA Regional Seminars

2. Recent History • 2010 – Legislation eliminated MassDEP’s role in site assignments & permits for small transfer stations and expanded BOH role • Started a workgroup on implementation • 2011 – Legislation reversed course, restored MassDEP and BOH roles • 2011 – MassDEP started initiative to divert organics from waste and establish rules for anaerobic digesters • 2012 - SW Regulation Reform Initiative started • 2013 – Final 2010-2020 Solid Waste Master Plan published

3. Recent Initiatives • Site Assignment Regulations • Final rules issued 11/23/12 • Solid Waste Regulation Reform • Final rules issued 2/14/14 • Organics Waste Ban • Final rule issued 1/31/14 • Waste Ban Enforcement • Asbestos Regulation Reform • Final rules now being reviewed by senior managers, expect to publish in Spring 2014

4. 1. Implementing 2013 Site Assignment Regulations • General Permit certification forms now available • Initial certifications for new facilities • Annual reporting and certification form for operating facilities • Application form for Recycling, Composting & Conversion (RCC) Permit now available • MassDEP has issued several RCC permits to date

5. 2. Solid Waste Regulation Reform Four major areas of changes: • Transfer Station permit streamlining - for transfer stations that do not handle C&D waste • New presumptive approvals • ‘Third-Party” Inspections – expansion and formalization of third party inspection requirements

6. A. Transfer Station Permit Streamlining • New transfer stations or significant tonnage increases: • 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)

7. Transfer Station Certification • Existing Transfer Stations • File a certification under transition rules • Certification must address: • Compliance with the existing permit • Information relative to any modifications that may have been made since the last certification • Identify all valid/applicable permits (Facility permit, ATC, ATO, modifications, etc.)

8. Transfer Station Certification • Modifications to Transfer Stations That are Not Expansions • New certification required • No application or up-front MassDEP approval required

9. B. Presumptive Approvals • Applies to: • Post-closure uses not on the cap of a landfill • Listed Special Wastes • 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 proceeds • Within 45 days of completion of modification, applicant submits as-built plans, unless no physical modifications made

10. Post-Closure Uses: • Post-closure uses on a landfill cap (final cover) requires an upfront MassDEP post-closure use permit • 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

11. 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

12. C. 3rd Party Inspections • Goals: • Increase oversight of solid waste facilities or activities • Support compliance • Decrease likelihood or duration of deviations and potential adverse impacts on the environment

13. 3rd Party Inspections Apply to: • Operations and Maintenance activities at all solid waste management facilities • Waste Bans at solid waste facilities • Rep0rting Requirements and Procedures at solid waste facilities

14. 3rd Party Inspection Reports: • Frequency of submittals varies by type of facility • Reports must be submitted by the facility owner to: • MassDEP • Local BOH

15. 3rd Party Inspector:Qualifications & Procedures • MassDEP will create and maintain list of registered 3rd party inspectors • To register an individual must submit a certified Qualifications Statement • meet minimum academic and professional requirements • A municipal employee can inspect the town’s facility if he/she works for a different department

16. 3. Organics Waste Ban Why ban disposal of organic waste? • Food waste and other organics >25% of disposal in Mass. > 1 million tons per year • Can digest for energy and/or compost to produce soil amendments/fertilizers • Provides management solutions for dairy manure & wastewater residuals • Provides cost effective materials management for businesses/institutions • Reduces reliance on disposal capacity

17. Organics Action Plan • Developed with input from a broad group of stakeholders • Focused on 2020 goal – diverting 350,000 additional tons annually • Comprehensive, integrated set of strategies: • Data Analysis • Collection Infrastructure • Processing Capacity/Market Development • Regulatory Reform/Waste Ban

18. Current organics management capacity • Composting – farms and small commercial sites – about 30 locations • Pig farms/animal feed • On-site systems • Estimated 1,000 businesses/institutions now diverting food waste – includes 300 supermarkets • Recent growth in organics hauling services

19. New Organics Waste Ban Rule • Ban on disposal of commercial organic material in solid waste takes effect October 1, 2014 • Does not apply to management in wastewater • Covers commercial/institutional generators if they dispose > 1 ton/week • Estimate – 1,700 businesses/institutions subject to the ban • Does not cover residences or small businesses

20. Options for Compliance • Reduce food waste • Donate • Process on site (dehydrators, pulpers, composting, small scale AD, etc.) • Send to farm for animal feed • Send to anaerobic digestion or composting • Find help at: http://www.recyclingworksma.com/commercial-organics-waste-ban/

21. BMPs for Collecting Organics Separated by Commercial Generators • Best Management Practices for collecting and storing source-separated organic material now available for health agents. • Guidance covers: • Kitchens • Haulers • Storage area maintenance • Recycling Works web site: http://www.recyclingworksma.com/local-health-department-guidance-for-commercial-food-waste-separation/

22. 4. New Waste Ban Enforcement Specific recyclable materials are banned from disposal: • Asphalt Pavement, Brick & Concrete • Cathode Ray Tubes • Clean Gypsum Wallboard • Commercial Organic Material (NEW!) • Ferrous & Non-Ferrous Metals • Glass & Metal Containers • Lead Acid Batteries • Leaves & Yard Waste • Recyclable Paper, Cardboard & Paperboard • Single Resin Narrow-Necked Plastics • Treated & Untreated Wood & Wood Waste (Banned from Landfills Only) • White Goods (Large Appliances) • Whole Tires (Banned from Landfills Only; Shredded Tires Acceptable)

23. Why Target Banned Materials Now? • Issue was identified in pre-Solid Waste Master Plan discussions • About 40% of materials disposed are waste ban materials

24. Compliance Strategy Overview • Guidance Changes • Lowered action levels • Use third party data to conduct outreach and target inspections • More MassDEP waste ban inspections (3 new inspectors hired in 2013) • Assistance is available for generators from RecyclingWorks in Massachusetts

25. CY 2013 Inspections • Conducted 100+ waste ban inspections • Conducted about 60 inspections October-December • Seeing average of 15 loads/inspection • Number of loads inspected will rise as we focus more on larger, more active facilities • Expect to conduct about 240 inspections/year and observe > 5,000 loads

26. CY 2013 Enforcement • Issued 75 enforcement actions • 72 notices of non-compliance (NONs) • 3 higher level enforcement actions • 60 to generators, 15 to haulers • Also sent 85 generator letters • Based on facility data, complaint, or lower levels of banned materials observed • Sent 280 letters based on third party reported data • About 170 Recycling Works hotline/email requests (July-December)

27. Banned Materials Observed • Approximately 1 in 5 loads require follow-up • Either enforcement or letter • Most enforcement for cardboard • Have also issued enforcement for: • Bottles and cans • CRTs • Leaves and yard waste • Wood

28. Next Steps: • Continue to conduct inspections • Conduct outreach • Implement regulatory reform regulations (more 3rd party inspections) • Review and approve new facility waste ban plans • Implement lower action levels at facilities

29. 5. Asbestos Regulatory Reform • Expect to publish final rule in early Spring 2014 • What’s new for demolition and renovation projects? • Pre-construction survey required to identify ACM • Notification Exemptions: • Small amounts of exterior cement shingles, siding & panels • Homeowners working on non-friable ACM at their own single-family house (as long as ACM stays non-friable) • “Incidental” Maintenance jobs • Clarify: Waivers of 10-day advance notification requirement available for: • State or local ordered demolitions for structurally unsound facilities that may collapse • Emergency renovation operations – sudden unexpected events

30. What’s new for demolition & renovation projects? • Blanket Notifications: On-going work involving ACM over a 12-month period • Tailored work practices for specific types of common ACM • New permits for “Non-Traditional Asbestos Abatement Work Practices”

31. What’s new for MassDEP’s asbestos regulation? • Asbestos-Containing Waste Material: • Shipping records (MassDEP form) required • “Missing” shipments must be found • Clarification: material containing <1% asbestos: • Identify material in pre-construction survey • ACWM = material containing any amount of asbestos (< AND > than 1%) • Material containing < 1% asbestos mixed with non-asbestos C&D debris: all must be handled as ACWM • Keep asbestos out of solid waste

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