MPCA Rulemaking Project for Source-Separated Organic Material Compost Facilities

1. MPCA Rulemaking Project for Source-Separated Organic Material Compost Facilities Stakeholder Meeting to Discuss Scope and Key Concepts November 19, 2010

2. Introduction • Meeting logistics • Note sign-up sheet for attendees • Emails during live webcast should be sent to yolanda.letnes@state.mn.us • Introductions of attendees • Introductions of MPCA participants

3. Compost Rules – MPCA Management Team • Solid Waste Program Manager: Gary Pulford • Permitting Unit Supervisor: Paula Connell • Rulemaking Unit Supervisor: Dave Richfield

4. Compost Rules MPCA Staff Team • Rulemaking Coordinator: Yolanda Letnes • Engineering: Tony Bello • Hydrogeology related to siting: John Elks • Operations and compost testing: Ginny Black

5. Purpose of SSOM Rule Process • Recognize state strategy of moving organic material management up the hierarchy • Clarify regulatory requirements appropriate to SSOM composting facilities • Provide regulatory relief without jeopardizing environmental protection

6. Overview: SSOM Rule Process • APA requirements must be followed, once formal process begins • MPCA is not yet in that formal process: has been working on scope and key concepts, along with fact-gathering • How this meeting fits in the larger timeline, leading to publication of a draft rule

7. Layout of CurrentMinn. R. 7035.2836: Two Tracks

8. Fitting SSOM into Current Compost Rule Yard Waste (current) SSOM (to be added) Solid Waste (current) • Acceptable materials: yard waste only • Permitting: “Permit by Rule” • Notification: __ • Pad: All-weather • Training: • Odor controls: • Stormwater: • Testing: • Acceptable materials: mixed solid waste, other ___ • Siting: __ • Permitting: Public notice, local role • Pad for compost: Impermeable • Training: __ • Odor controls: __ • Stormwater controls: __ • Testing & classification of product: __ • Acceptable materials: source separated yard, food and __ • Siting: Min 5’ to GW • Permitting process: No change • Pad for compost: All-weather, w conditions • Training: __ • Odor controls: __ • Stormwater controls: no change • Testing & product classification : No change

9. Ideas • Source Separated Organic Material (SSOM) must be source separated at the generator, not picked from Mixed Municipal Solid Waste (MMSW) at a transfer station or a landfill • Goal is not to develop excessively prescriptive standards, but outcome-based ones that are matched to the needs and any environmental or health risk • Demonstration Agreement as template -most current version • Guidance documents to follow will fill in some of the details (eg technical standards on how to measure compaction)

10. SSOM Rule Concepts - Overall • Stringency of requirements might need to reflect how broadly the materials are that a facility can accept: • If the variety of SSOM to be accepted were to go beyond food and yard waste, does it make sense to require greater stringency for feedstock testing and monitoring? • Feedstocks beyond yard waste and food: • What about industrial by products from food processing (eg vegetable trimmings)? • What about industrial byproducts not from food processing (eg paper sludge from deinking mill)?

11. SSOM Rule Concepts - Continued • Stormwater management requirements - carried forward from existing rules • Existing requirements • have flexibility when storm water is managed on-site • become less flexible if storm water is discharged off site. ExampleIndustrial Stormwater permit requirement is triggered if: • Stormwater/leachatedischarge off the site, OR • Operator purchases feedstock materials, such as carbon for bulking

12. SSOM Concepts, Continued • Currently, Financial Assurance (FA) requirements are not planned, retain existing authority based on risk factors • Would continue to rely on current 503 standards, as modified in Minnesota Rule 7035.2836, Subp. 6 A • Question to discuss: should MPCA offer lesser requirements for “small” SSOM facilities? • What materials would be acceptable? • What site evaluation process would be acceptable? • What size or input limit?

13. Subp. 1. Scope • Modify scope to indicate owner or operator of a facility used to compost SSOM ( ___as defined in this rule_______) must comply with the new rule track for SSOM. • Feedstocks • Untreated woods can be used as a carbon source • No demolition debris (sheet rock, insulation, etc.) • What about manufactured wood?

14. Subp. X. Location Standards • Not on Karst(Anoka Sand Plain?) • 5’ minimum separation to water table • Flood plain? 7035.2555? Same as with composting. • Minimum buffer? • Local government role?

15. Subp. 8. Design Requirements • Size • ______Large (more requirements) • ______Small (less requirements) • Type • Windrows (aearated) • Static Piles (non-aerated)

16. Subp. 8. Design Requirements • Pad • Impermeable pad required only under certain circumstances • All weather work surface required (accessible all seasons for management operations)

17. Subp. 8. Design Requirements • Pad • Soil infiltration necessary and verified every 5?-10? years with soil boring • Curing pad (may not)/(will not) need impermeable surface (in reference to using soil as a form of leachate management)

18. Subp. 9. Operation Requirements • Mixing food waste with bulking agent • Immediately upon delivery of food waste, if not, • place a biofilter on food waste and mix and incorporate into windrow by end of working day • Odor Management Plan required • If odor complaints, plan will be required to be modified to include increasing odor mitigation steps (guidance document?) • Sampling and Analysis plan

19. Subp. 9. Operation Requirements

20. Subp. 9. Operation Requirements • Training with ceu’s required for facilities over XX size, if rule proceeds with a “big/small” approach • Need training only if greater than XX size, • All should be trained? • Training set out in rule language or Guidance? • Add as a permit requirement?

21. Subp. 10. Compost Testing • Use readily available test methods (bucket method & log of testing – this list kept up to date by guidance, not specified in rule) • Industry standard testing methods for finished product • Maturity testing – Solvita • STA requirements – additional detail on methods?

22. Subp. 11. Compost distribution & end use • No change to current rule language • Class I • Unrestricted distribution • Comply with DOA Rule 18C.005, if sold as a fertilizer, specialty fertilizer, soil amendment or plant amendment • Class II • Restricted distribution – commissioner approval • Documents required for use

23. Closing Thoughts • Will be plenty of opportunity in months to come for public engagement • There is no legislative requirement or deadline for the rule but MPCA understands that the need for clarification is real, so will keep moving forward • Narrow scoping to clarification about SSOM will make the rulemaking move more quickly • Rules are limited in their effect, so interested parties must engage policymakers on other systemic issues with organic processing beyond scope of rule changes: improved economics, market for product

24. Questions?