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The quar ter ly newslet ter o f the Uni ted Sta tes Compost ing Counci l – Summer 2003 Edi t ion
Presidents GreetingKevin Tritz
Summertime is a busy time ofyear for all of us. This year, ithas been made even busier bythe energy and momentumgenerated by the 2003 USCCAnnual Conference held in LasVegas this past January. Iwould like to once again thankthose of you who wereinvolved either as a Committeemember, speaker or volunteerfor all of your hard work tomake the Conference a success.
We have seen a dramaticincrease in USCC membershipand increased demand for ourmembership services, largely asa result of the Conference. Wecontinue to receive manyinquiries about membership,the STA program, and requestsfor speakers or additionalinformation from individualsand various trade associations.
It is apparent that composting,especially the composting oforganics is rapidly becomingan accepted method for themanagement of solid waste, asindicated by the increased
activity and vigorous discus-sions on the USCC List Serve.This increased activity withinthe industry has also generatednew members and a new,increased awareness of ourindustry capabilities.
The USCC has had a very suc-cessful year to date. In ourongoing efforts to continueour progress, we are in theplanning stages for a biggerand better 2004 AnnualConference. A site and a datehave been chosen and finalarrangements are being made.I’m pleased to announce that
the 2004 Conference will beheld at the Tropicana Hotel inLas Vegas January 25-28.
We need help and the contin-ued involvement of our mem-bers in the preparations for theConference. Please call Stu tovolunteer for the various com-mittees related to this year’sevent. We need everyone topitch in and help to make surethat the Conference is an evenbigger success than last year.This will insure that theUSCC will continue to buildon the momentum that hasbeen generated this year!
TM
Las Vegas, NV — Round 2“Growing the Industry”
The 12th Annual USCC Conference will be a KNOCK OUT!!
Don’t believe us?? Read what some of last years attendees had to say!
January 25 — 28, 2004Tropicana Resort
InsideExecutive Director’s Message 1
USCC Programs and Initiatives 1
New Members 2
Member Profile 3
BioSolids Compost Legislative Alert 4
Clopyralid Updates 8
Clopyralid Litigation 9
Compost Issues Around the Nation 9
Compost Short Course 10
Composting Exam 10
“Cortec was new to the composting industrylast year when we decided to join USCC andwe have been very impressed with the qualityof the resources available to us. The annualconference provided us with the opportunityto showcase our new products to a very edu-cated and targeted audience. Additionally,the newsletter and storefront have been avaluable source of information and haveactually resulted in orders in parts of thecountry we had never targeted before. I can-not think of another organization that couldserve our needs better.”
Bob Boyle Cortec Corporation
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Executive Director’sMessageStu Buckner
USCC Programs andInitiatives
Annual Conference The USCC’s 11th AnnualConference was a tremendoussuccess. Hosted by 20 spon-sors, 40 exhibitors at the tradeshow, and more than 300 par-ticipants, we received excep-tional positive feedback aboutthe conference from all thosewho attended. This year’s con-ference will feature additionalinteractive sessions, trainingopportunities and participationfrom various national andinternational organizations.Additional space has beenreserved for vendors to exhibitproducts and services. So don’tmiss this year’s conference!You’ll find both the conferenceregistration form and moredetailed information about theconference in this newsletter. Ifyou would like to arrange asession or request a sessiontopic, please contact StuBuckner by phone or mail atthe USCC office or by e-mailat [email protected].
Membership ChallengeMembership revenue is the pri-mary source of funding forprograms, association activities,and membership services. Agreater membership baseimproves the association’s abili-ty to provide the level of serv-ices consistent with the needsof a national organization. AllUSCC members are againrequested to recruit just 1 newmember in 2003. The USCCmember that recruits the great-est number of new members in2003 will be awarded FREEregistration to the AnnualConference in January 2004 atthe Tropicana in Las Vegas.
New Grant ManagementServiceDuring the past 12 years, theUSCC has been awarded sever-al grants from a number ofgovernment agencies and cor-porations. Often, eligibility forgrant funding requires sponsor-ship or participation of a uni-versity, government agency, ora not-for-profit association.The USCC is now offeringgrant administration and man-agement services for eligibleprojects. Eligibility is deter-mined by a review committeeand is based on whether a pro-posed project falls within the
scope of the mission of theUSCC and will provide a con-tribution to further the growthof the composting industry.
Membership DirectoryThe membership directory isbeing updated for distributionlater this year. All membersshould review their listing andmake any necessary changesnow. To make changes in yourcompany description or con-tact information, please requesta copy of the membershipdirectory form by e-mail andreturn to [email protected] [email protected]. For those who do nothave e-mail, call the USCCoffice and fax the form to 631-737-4939.
StorefrontsSeveral USCC vendor andconsultant members have com-mented on the positive resultsthey are getting from theirStorefronts on the USCC web-site. For additional informa-tion on Storefronts, please con-tact Ginny Black [email protected] [email protected]
Elections for Board ofDirector’s PositionsElections for USCC Board ofDirectors will take place inNovember, 2003. Any USCCmember is eligible to serve onthe Board or to nominateanother member. Bob Rynk ischairing the NominationsCommittee. Please submit anomination by September 15by contacting Bob [email protected] or 610-967-4135, ext. 27. The Boardconsists of 10 "Composter"members, representing com-posting facility operators andcompost producers, plus 5"Affiliate" members that repre-sent associated organizationssuch as public agencies, profes-sional consultants, suppliers ofservices, products and equip-ment, etc. This year’s electionswill fill 3 Composter positionsand 3 Affiliate positions. We encourage you to nominateone or more of your respectedcolleagues. The USCC relieson the talented people of thecomposting industry to furtherits mission and strengthen theindustry. The nomination formcan be found on the USCCwebsite and on the next pageof this newsletter.
C o m p o s t C o m m u n i c a t o r S u m m e r 2 0 0 31
“As someone who has been involved in the composting indus-try for 15 years I understand how important the CompostCouncil is. The conference is great and the web site with thestore front is very useful,l but I feel that the most importanttask of the Council is the information that is shared and thelobbying efforts. It is critical that our industry has a voice withour government representatives and the US CompostingCouncil is that voice. Thanks for your efforts!”
Tim O’Hara Wildcat Mfg.
“I have been involved with USCC since its inception. Theorganization has effectively evolved and continued to bevaluable – partly as a source of information and network-ing, and partly as a way to communicate significant eventsand achievements to others. The organization has only onefocus which is to connect the industry and support itsgrowth. I like that.”
Jan Allan Senior TechnologistCH2M Hill Seattle. WA
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C o m p o s t C o m m u n i c a t o r S p r i n g 2 0 0 3 2
Legislative and Environmental AffairsThe USCC submittedTestimony to the OregonDepartment of Agricultureregarding the Temporary andProposed Permanent RulesLimiting Clopyralid Products.“We urge ODA to make thetemporary rules permanent, asproposed, maintaining therestrictions on clopyralid usefor residential, commercial andpublic properties where turf isgrown.” The permanent rulewas adopted. A PositionStatement was submitted toIowa Governor Tom Vilsackrequesting that he line veto aprovision in Senate File 458section 133, passed by the leg-islature, that attempted torepeal Iowa’s ban on landfillingof yard trimming’s. TheGovernor vetoed the proposedlegislation which “would havecrippled the state's compostingefforts”. All USCC Position
Statements and White Paperswill soon be posted on thewebsite.
Seal of Testing Assurance ProgramThe STA program continues tobe the most recognizable pro-gram that the USCC offers.Both company membershipand the quantity of compostenrolled in the program havegrown dramatically in 2003.The program had, at lastcount, 58 member companieswith 81 compost productsenrolled. These companies rep-resent 25 states in the nationand approximately 3,000,000cubic yards of compost! TheSTA management team of RonAlexander and Al Rattie willcontinue to focus their effortson promoting STA compostspecification and use in themost efficient and cost effec-tive venues available to theprogram.
Welcome New MembersJorn Johansen, Polargruppen, Askim, Norway
Jason Hui, Hong Kong
Vin Mula, Boston Bark Corp., Waltham, MA
Steve Erickson, Planet Mars Recycling, Inc.,
Troy Northrup, MDI Waste Services, Saint John, NB Canada
Steven P. Christman, Northeast Indiana Solid Waste, Ashley, IN
Russ Davis, Organix, Inc. Walla Walla, WA
Don Cordell, Oakleaf Enterprises LLC, Central Point, OR
Ravi Wijeratne, Burns Environmental and Technologies, Ltd.,Colombo, Sri Lanka
Tim Stemwedel, California Organic Fertilizers, Fresno, CA
J.W. Massey, Aqua-Zyme Services, Inc., Van Vleck, TX 77482
Mike Schorp, Parker Ag Services, LLC, Colorado Springs, CO
Orlando D. Pagan, Amerigrow Recycling, Delray Beach, FL
Shane Donnelly, Doppstadt US, Haslett, MI
Mark Beason, Keith Manufacturing Company, Madras, OR
Tom Gibbons, Bandit Industries, Remus, MI
Bonnie Edkin, Edkin Health & Environmental Services, Halifax, PA
Richard Reuth, Landscape Cooperative, Houston, TX
Joe DiNorsica, Laurel Valley Soils, Avondale, PA
Debbie Dodson, Tetra Pak, San Diego, CA
Shannon Leavitt, Natural Fertilizer, Wildarado, TX
Andre LaGace, Hydralogic Systems, Inc. Ontario, Canada
“The Solid Waste Authority of Palm Beach County has been amember of the USCC for the past 10 years. The Authority process-es 55,000 ton of Wastewater Biosolids and 200,000 tons of YardWaste Biomass annually. The Council has offered many oppor-tunities for the Authority to participate proactively on nationalissues that could affect the Authority’s operations. The Authorityhas also been involved in the crafting of the direction and goalsof the Council. These opportunities are available to any memberno matter how large or small. Personally I have found that theopportunity to interact with other Members of the Councilthrough either the annual conference, the web site, or individu-ally provides me with information I would not normally haveaccess to unless I paid for it. The compost industry is uniqueand to be successful in this industry on a long term basisrequires unique decisions. The Council offers its members theopportunity to be successful. “
Pat Byers, Solid Waste Authority Palm Beach County
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Where’s yourcompany’s ad???
Call the USCC offices (631-737-4931) for COMPOST COMMUNUNICATOR
advertising rates!!
C o m p o s t C o m m u n i c a t o r S u m m e r 2 0 0 33
Member ProfileAMADAS INDUSTRIESmanufactures and markets acomplete line of grinding,processing, conveying, bag-ging, palletizing, and color-ing equipment for the com-post, horticultural, andbark and soils industries.Amadas has been a pioneerin the development of discscreens, trommel screeningsystems and allied equip-ment for many other indus-tries, with more than fourdecades of experience in thedevelopment of innovative"separation" technology.We also design and engi-neer complete systems forthe environmental recyclingof yard trimmings and haveinstalled some of the largestyard trimmings recyclingfacilities in the U.S.
Our roots began in ouragricultural division, wheretoday, we are a major man-ufacturer of pull-type andself-propelled peanut andedible bean harvestingequipment. Our currentproduction pull-type six-row combine is the largestin the world. In a jointventure agreement withJohn Deere Co., we devel-oped the world’s first eight-row self-propelled peanutcombine and we are aninternational market leaderin peanut harvesting equip-ment.
Also, in our agriculturalprogram, we manufacture acomplete range of hard
hose traveler irrigators.We were one of the firstcompanies in the U.S. tointroduce hard hose travel-ers to the market morethan 25 years ago. To ourknowledge, our Reel RainModel 3500 is the largesthard hose traveler manu-factured in the world.
We have built our reputa-tion in every industry thatwe participate in by pro-viding our customers withequipment conceptualizedin design with innovativetechnology, manufacturedto the highest standards ofquality, and delivered toour customers' perform-ance satisfaction. And,equally as important, ourcustomers have a commit-ment from us to standbehind our products witha level of after-sales prod-uct support second tonone. This philosophy hasserved us well for morethan 40 years and has pro-vided the foundation uponwhich we have built asound, diversified, wellrespected company inevery industry we serve.Needless to say, we areextremely proud of ouraccomplishments!
Amadas Industries1100 Holland RoadSuffolk, VA 23434Tel. (757) 539-0231Fax (757) 934-3264www.amadas.comContact: Tiny Andrews
“As a university faculty member with strong interests in compostingand compost quality/use evaluation, I have found my membership inthe USCC invaluable for several reasons. The interaction with compost-ing and compost use practitioners provides me with a “reality check”on the usefulness and relevancy of both research and educational pro-grams. As an Extension Educator, I am very concerned about the qual-ity of composting training programs, and I have had the opportunity toparticipate in the Council’s redesign of educational resources. I alsohave had an opportunity to influence the direction and position thatthe Council takes on issues related to compost quality standards. I thinkit is very important to have academics work closely with others affiliat-ed with the composting industry so that we move it from “waste man-agement” to “product manufacturing”.
Leslie Cooperband Assoc. Professor Department of Soil Science University of Wisconsin
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C o m p o s t C o m m u n i c a t o r S p r i n g 2 0 0 3 4
Biosolids CompostLegislative ALERT! -Congress: ProposedLegislation Impacts RecyclingOptions, Alarms ConsumersBob O’Dette, Synagro
H.R. 186 – Sewage Sludge inFood Production ConsumerNotification Act of 2003 – wasintroduced by U.S.Representative Jose Serrano ofNew York (D-Bronx). The goalof the bill is to amend theFood, Drug, and Cosmetic Actand the egg, meat, and poultryinspection laws to ensure thatconsumers receive notificationregarding food products fromcrops, livestock, or poultryraised on land on which treat-ed sewage sludge (also knownas biosolids) have been applied.The legislation was introducedin January, 2003, and has noco-sponsors at this time. It willhave broad and negativeimpacts on the biosolids com-posting industry, if adopted.Nearly half of the 8 milliondry tons of biosolids generatedin the U.S. annually are benefi-cially recycled as a fertilizer orsoil amendment on agriculturallands.
This legislation was developedunder the pretext of expandingconsumer notification in orderto better facilitate consumerchoices. In reality, however,the bill will scare consumersaway from purchasing foodproducts that have been pro-duced using treated and disin-fected sewage sludge as fertiliz-ers and any agricultural foodproducts grown using compostcontaining biosolids. Theintent of the legislation wouldalso be to discourage the agri-
cultural industry from recy-cling organic wastes such asbiosolids on croplands used forfood production.
In addition to having negative– if unintended – conse-quences, the introduction ofthis legislation is also poorlytimed. A recent 18-monthstudy by the NationalAcademy of Science (NAS),National Research Councilconcluded that there have beenno documented adverse healthimpacts on humans or animalsresulting from the practice ofland applying biosolids. Dr.Thomas Burke, a professor atthe Bloomberg School ofPublic Health at JohnsHopkins University was thechairman of the 16-memberscientific panel wrote: “Thereare no studies documentingadverse health effects fromland application of biosolids,even though land applicationhas been practiced for years.”
H.R. 186 singles out biosolids,but it ignores untreated andunregulated animal manuresused for the same purposes.Animal manures are notrequired to meet the strictstandards in EPA’s CFR Part503 regulations and are nottreated to reduce pathogensand metals like biosolids beforebeing used as fertilizers.Similarly, the legislation doesnot address the issue of limit-ing the heavy metal content ofcommercial chemical fertilizersused in food production.
Members of the compostingindustry should be concernedabout this recent legislation,H.R. 186, for several reasons:n It would limit the market
and choices available to recy-clers of organic wastes. n he bill unfairly singles outand demonizes the use ofbiosolids (treated sewagesludge) as a fertilizer product. n This legislation will discour-age both the marketability andconsumer acceptance of foodproducts produced withbiosolids compost materials.n It could possibly lead to fur-ther labeling and restrictionson other compost materialsand practices through addi-tional legislation and regula-tion in Washington, DC.n This legislation purports topromote consumer choice andnotification but, in reality, willdiscourage consumer optionsand use of a beneficial, organicproduct.
Please consider voicing yourconcerns and opposition tothis legislation by contactingthe bill author:
Representative Jose E. Serrano2227 Rayburn House Office Building, Washington, DC 2051-3216 (202) 225- 6001 fax E-mail: [email protected]
The “Sewage Sludge in FoodProcessing ConsumerNotification Act of 2003” hasbeen referred to the HouseCommittee on Energy andCommerce and to the HouseCommittee on Agriculture,Subcommittee on Livestockand Horticulture. Please alsosend a copy of your letter tothe chairmen of theseCongressional panels and indi-cate your opposition to thislegislation – and any law – thatwould unfairly limit the choic-es and markets for the growing
composting industry in theUnited States.
Representative Robin HayesChairman, Livestock andHorticulture SubcommitteeHouse Committee on Agriculture1301 Longworth House OfficeBuildingWashington, DC 20515-6001(202) 225-0917 faxE-mail: [email protected]
Representative W.J. “Billy” TauzinChairman, House Committee onEnergy and Commerce2125 Rayburn House Office BuildingWashington, DC 20515-6115(202) 225-1919 faxE-mail: [email protected]
“As an engineering and con-struction company serving thesolid waste processing indus-try, we have found our recentmembership most useful. Forexample, we have a nicedirectory of names of operatorswho potentially could benefitfrom our services. We alsoreceive from USCC on a regu-lar basis notices of upcomingRFPs of interest. In fact, theUSCC should be commendedas the only organization thatprovides its members this serv-ice. We look forward to moreactive participation as timegoes on and the compostingindustry keeps growing andsucceeding.”
Nat Egosi RRT Engineering,LLC RRT Design& Construction
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register todaygo to www.compostingcouncil.org, call the uscc at 631 737 4931, or email at [email protected]
exhibitor information and sponsorship opportunities are also available on the uscc web site or call the uscc at the number above
us composting council 4250 veterans memorial hwy suite 275 | holbrook | NY | 11741 | tel 631 737 4931 | fax 631 737 4939 |
email [email protected] | www.compostingcouncil.org
hotel information
tropicana resort and casino
1 800 634 4000 | ask for the uscc conference rate
reserve now! room block will be released dec 24 2003
jan 25-28 $59 | night
jan 24 $99 | night (for those desiring a saturday stay over)
current conference sponsors include
Barnes Nursery
BioCycle
Ch2m Hill
Composting News
Continental Biomass Industries (CBI)
Cortec
ERTH Products
Kessler Consulting
Komptech Farwick
MSW Magazine
NRG Processing Solutions
Plastics Solutions
ROTO-MIX
Sheremeta Environmental Consultants
Synagro
Waste Management
W.L. Gore and Associates
this year include interactive sessions and workshops on composting operations
and management, marketing, business issues, and a roundtable discussion and
update on clopyralid litigation and liability issues.
conference highlights
Tropicana Resort | las vegas | nevada | Jan 25-28 2004
12th annual conference
and trade show
US Composting Council presents the
growing the industry
Jan | 25sunday
� USCC Board of Directors Meeting
� Compost Marketing Workshop &Training Seminar
� Workshop on Compost Tea - Production and Applications
� Workshop on Integrating Backyard Composting Programs
as tools for waste diversion, compost facility acceptance,
and compost marketing
� Registration & Exhibitors Setup
Jan | 26monday
Jan | 28wednesday
� continental breakfast
� Plenary Session
� The Status of Composting in the US
� Growing the Industry-Expanding Markets for Compost
Products
� Clopyralid Litigation and Liability Issues
� USCC Programs and Initiatives
� break in exhibit area
concurrent session a
� State of the Art Update on Odor Control
� A Comparison of Odor Prevention vs. Treatment
� Odor Control Options and Practical Application
� Odor Assessment and Control at Composting Facilities:
Case Studies
concurrent session b
� Biodegradable Plastics: Coming of Age
� Latest Developments in Biodegradable and Compostable
Products
� Standards for Biodegradable Products
� Case Studies of Biodegradable Plastics Use in the US and
Canada
� lunch
concurrent session a
� Challenges and Opportunities in
Composting
� Surviving Community Siting Challenges
� Integrating Composting at the Landfill
� Improving Operating Efficiency at Older Facilities
� Developing New Facilities in Urban Areas
� break in exhibit area
� New Directions in Applied Research
� Link Between Research and Practical Benefits for
Composting
� Modified Aerated Static Pile Method for Biosolids
Composting
concurrent session B
� New and Unusual Feedstocks
� Opportunities and Challenges for Incorporating Liquid
Waste at Composting Facilities
� Composting Shellfish Residuals
� Animal Mortalities
� Waste Composition and Reduction
� Backyard Composting: Developing Successful Programs
� What’s Really in Our Waste Stream
� break in exhibit area
� USCC Annual Membership Meeting
� Presidents Reception
� Managing Composting Operations: Public and Worker
Health
� Heavy Metals and Organics in Compost Products
� break in exhibit area
� Compost Tea Production and Application;
Vermicomposting
� Industry Trends for Compost Tea Applications
� Microbiology of Compost Teas
� Vermicomposting Organic Wastes
� USCC Awards Luncheon
concurrent session A
� Expanding Markets for Compost
� Marketing Compost for Erosion Control
� Compost use for Sustainable Agriculture
� Compost use for Bioremediation
� break in exhibit area
� Opportunities for Composters
� Effects of New Stormwater Regulations
� Capturing Food Residuals
� New Composting Technologies and Equipment
concurrent session B
� Workshop on Business and Economics of
Composting: Part 1
� Key Elements for Success in the Composting Industry:
Case Studies and Lessons Learned
� A Roadmap to Grow and Prosper in the Composting
Industry
� break in exhibit area
� The Business and Economics of Composting:
Part 2
� Common Principles for Business and Success in the
Compost Industry
� Win-Win Business Relationships and Contracts
� Public-Private Partnerships
� Business Efficiency and Diversification
Jan | 27tuesday
� continental breakfast
� Discussion of Clopyralid Liability Issues,
Recent Legislation and Research Developments
concurrent session A
� Forum on Linking Compost Product Quality
Data with Recommendations for Product Use
� What does the Data Mean?
� Compost Analysis Proficiency (CAP) Program Results and
Application
� Influence of the USCC STA Program on Compost Marketing
Programs
� break in exhibit area
� Forum on Product Labeling, Application
Rates and End Use Recommendations
� Labeling According to End Use
� Application Rate Recommendations Provided with Sale of
Compost Products
� How to Label Products for Organic Growers
concurrent session B
� Public Health and Odor Issues: Perception
and Reality
� Odor: Physiological and Psychological Response
� Tours: Hoover Dam and others to be announced
� Equipment Demonstrations
� USCC/SWANA Certification Exam for Manager of
Compost Programs
conference registration formyour information
business affi liation name
address
city state/province country postal code
email telephone fax
* uscc member * uscc non-member
conference fees | jan 26-28
member rate prior to Dec | 5 $ 355
member rate after Dec | 5 $ 395
non-member rate prior to Dec | 5 $ 425
non-member rate after Dec | 5 $ 475
conference speaker rate $ 250
attending Presidents Reception? * yes * no
attending Awards Luncheon? * yes * no
facility tours (to be announced, included in conference costs)
attending tour of Hoover Dam? wednesday Jan 28 10am-3pm
* yes * no (if yes, add an additional $ 35 to your registration)
* certifi cation exam for Manager of Compost Programs
pre-conference training & workshops | Sunday Jan 25
compost marketing workshop 9 am-5 pm
backyard composting workshop 2pm - 5 pm
compost tea workshop 2pm - 5 pm
total payment
method of payment: * check (enclosed) * credit card (Visa | MC | AmEx) * money order
credit card no. expires
name on card signature date
includes sessions and session abstracts, exhibits, breakfasts, refreshment breaks, the Presidents Reception and Awards Luncheon.
not a member?Join the us composting council today and save $ 75 on your conference registration fee! (see uscc website to download membership application atwww.compostingcouncil.org)
hotel informationTropicana Resort and Casino1 800 634 4000 | ask for the uscc conference rateReserve Now! Room block will be released Dec 24 2003
jan 25-28 $ 59 | nightjan 24 $ 99 | night(for those desiring a saturday stay over)
(included in conference costs)
(included in conference costs)
mail payment (check, credit card no., money order) or fax form to : 631 737 4939
us composting council | 4250 Veterans Memorial hwy suite 275 | Holbrook, NY 11741
cancellation policy: Cancellation notices must be made in writing (offi ce fax 631 737 4939). Refunds of full fee, less $50 cancellation fee, will be made only if notice of cancel-
lation is received by December 27, 2003. No refund will be granted after December 27, 2003. Please call the Council�s Offi ce (631 737 4931) to confi rm receipt of cancellation.
USCC or SWANA members add $ 125 | Non-Members add $ 250
add $ 125 to your registration
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add $ 55 to your registration
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C o m p o s t C o m m u n i c a t o r S u m m e r 2 0 0 3 8
Clopyralid Updates
USCC Letter of Testimony –May 19, 2003TO: Dale Mitchell, OregonDepartment of AgricultureFROM: The U.S. CompostingCouncilRE: Testimony Regarding theTemporary and ProposedPermanent Rules LimitingClopyralid Products
Dear Mr. Mitchell:
On behalf of the U.S.Composting Council (USCC),we commend the OregonDepartment of Agriculture(ODA) and the OregonDepartment of EnvironmentalQuality (DEQ) for their pru-dent and environmentallyresponsible actions regardingclopyralid. DEQ’s study todetermine the extent of clopy-ralid contamination of com-post was much needed. Itrelieved this burden from thestate’s compost producers, whoare already overburdened bythe clopyralid issue. Likewise,the temporarily rules, issued byODA following the DEQstudy, were a responsible andlogical response to the study’sserious findings. We urge ODAto make the temporary rulespermanent, as proposed,maintaining the restrictionson clopyralid use for residen-tial, commercial and publicproperties where turf is grown.
Clopyralid has been a focus ofattention for the U.S.Composting Council (USCC)
for over three years. In thistime span, the USCC haslearned that: (1) clopyralid ispresent in commercially-pro-duced compost at potentiallydamaging levels; (2) clopyralidhas been found in compostsmade throughout the U.S.(and elsewhere); (3) the herbi-cide is damaging to populargarden and agricultural plantsat extremely low concentra-tions; (4) testing for the herbi-cide is expensive; and (5) com-post producers have beenforced to bear the responsibili-ty for keeping clopyralid fromcontaminating compost. Asour official policy states (seehttp://www.compostingcoun-cil.org/article.cfm?id=35), webelieve that the clopyralidproblem has been unfairlyimposed upon the compostingindustry and that the burdenof managing it has beenunfairly placed upon compostproducers. From our perspec-tive, the situation is analogousto pesticide spray drift. Achemical has been applied onone property and it is injuringother properties due to itsuncontrolled migration.Protection against such chemi-cal drift is warranted. DowAgroSciences, the manufactur-er of clopyralid, has offered thecomposting industry onlytoken and trivial assistance,instead insisting that a prob-lem does not exist. Remedies,such as those proposed byODA, go a long way in cor-recting the inequities.
In support of the proposedODA rules, we submit the fol-lowing testimony:• The prevalence of clopyralidin composts remains anunknown. The DEQ study,monitoring programs inWashington and random test-ing elsewhere have shownclopyralid to be present insome but not all commercially-produced composts. There hasbeen no real correlationregarding where and whyclopyralid persists in compost,although grass clippings andsome agricultural residues areclearly sources. At the moment,the only way for a compostingfacility to determine if clopy-ralid is present is an extensiveand expensive testing program.• Regardless of whether clopy-ralid is present at a givenfacility, it has damaged, andcontinues to damage, con-sumer confidence in compostproducts. Previously, users con-sidered compost products natu-rally safe products, worthy ofuse in organic food and horti-cultural systems. Clopyralidhas threatened that hard-wonimage.• The fate and behavior ofclopyralid during the compost-ing process has not been welldocumented. It has been sug-gested that clopyralid decom-poses more slowly in compost-ing systems than in soils butresearch has not demonstratedwhether or not this is true. Inany case, we cannot rely onthe herbicide being decom-posed sufficiently during com-posting.
• The precise levels at whichclopyralid is damaging toplants are still being debatedamong experts. However, thereis no debate that the effectivelevels are very low (>> 50parts per billion). It has beensuggested by proponents ofclopyralid that residue of theherbicide in compost is not asdamaging as implied becausesome plant species are not sus-ceptible to the herbicide.Although we agree that com-post known to contain clopy-ralid should be used for nonsensitive plants, it is difficultto know what composts con-tain clopyralid without expen-sive testing, as mentioned pre-viously. Generally, recom-mending that all composts belimited to non sensitive plantsspecies is unreasonably restric-tive, impractical and an eco-nomic hardship.• It has also been suggestedthat the risk of clopyraliddamage is overstated becausecompost should be blendedwith soil or other media priorto use. Again, we agree thatblending compost with soillessens the risk of damage, andthat in most cases compostshould not be used as the solegrowing media. However,some compost products havebeen shown to contain clopy-ralid at very high levels, suchthat a growing media witheven a small proportion (e.g.10%) of compost would leadto plant injury. Furthermore,the compost industry cannotdepend on compost users todilute the compost with three
C o m p o s t C o m m u n i c a t o r S u m m e r 2 0 0 39
parts, even two parts, of soil.Some customers prefer to usecompost heavily, even thoughit is not generally recommend-ed. Compost producers striveto educate users on properapplication and use of com-post. However, a producercannot control what users do.If clopyralid-tainted compostleads to plant damage, thecompost producer will ulti-mately be held responsible, nomatter how poorly the userfollowed recommended guide-lines. • Minimizing the presence ofclopyralid in feedstocks is thebest option for protecting theintegrity of compost. Grassclippings have been shown tobe the primary source of clopy-ralid due to the widespreaduse of the herbicide on turf.Therefore, preventing clopy-ralid use on turf appears to bea good starting point forreducing clopyralid in thecomposting feedstock stream.(Although it is not covered inthe proposed rules, the USCCis concerned about high levelsof clopyralid in agriculturalresidues, including manure.Test results in Washingtonhave shown agriculturalresidues to be significancesources of clopyralid. After thecurrent proposed rules havebeen adopted, we encourageODA to consider the risksassociated with agriculturaluses of clopyralid, which affectscompost and direct landapplication of manure.)• The proposed rules restrictclopyralid use on commercial
and public turf as well as resi-dential lawns. We applaudthis broad restriction It is notonly advantageous, it is neces-sary. While residential grassclippings are certainly a prob-lem, they probably are not theprimary problem. Residentshave little knowledge of thechemicals applied to theirlawns by commercial applica-tors and thus are likely toignore the herbicide’s labelrestrictions regarding compost-ing of the clippings. However,we believe that the personnelthat manage and maintaincommercial and public prop-erties are equally unlikely tobe unaware of what chemicalsare applied to the turf andwhat restrictions are in placeregarding the disposal of clip-pings. The people that mowthese properties are rarely thesame people that apply thechemicals. Often the mowersand chemical applicators areemployees of completely differ-ent companies. Furthermore,whether the clippings comefrom residential, commercialor public properties, the des-tiny of the clippings is typical-ly determined by collectionand hauling companies, with-out the knowledge or consentof the property owners/man-agers. In all cases, there is ashifting “chain of custody” thatmakes it difficult to commu-nicate and control how theclippings are recycled or dis-posed. The only way to keepclopyralid out of yard trim-mings compost is to keep it offthe turf.
Given the situation outlinedby the foregoing points, we feelthat the current temporaryrules established by ODA arejustified, reasonable and effec-tive. Again, we urge ODA toadopt them permanently andcontinue to protect the integri-ty of compost, the compostingindustry and recycling gener-ally. Thank you.
For the U.S. CompostingCouncil,
Kevin Tritz,PresidentStuart Buckner,Executive DirectorJim McNelly, Chair, Legislative andEnvironmental AffairsCommitteeDavid Hill,Chair, Compost Marketing CommitteeJeff Gage,Legislative andEnvironmental AffairsCommitteeRobert Rynk,Legislative andEnvironmental AffairsCommittee
Clopyralid Litigation –August 22, 2003
Several composters filed a classaction in an Illinois state courtin 2002 against the manufac-turer of Clopyralid -DowAgrosciences. The com-posters seek testing cost reim-bursement and buy-back forcompost containingClopyralid. DowAgrosciences,in response to the lawsuit,
removed the case to federalcourt arguing that the caseshould be in federal courtbecause the chemical is gov-erned solely by the EPA, andno state court should beallowed to interfere by apply-ing state law. On Friday,August 22, 2003, the federalcourt sent the case back tostate court ruling againstDowAgrosciences. The courtruled that Clopyralid can bethe subject of a state courtaction and that the court canapply state law to the issue ofwhether the product is defec-tive. The law firm representingthe composters-Baron andBudd-were pleased with theruling and now intend to addmore composters to the caseincluding the City of Spokane.The composters will now focuson class certification.Composters impacted byClopyralid issues may contactScott Summy at Baron &Budd, P.C. (214) 523-6267 ortheir own legal counsel.Composters may also contactStuart Buckner, ExecutiveDirector of the United StatesComposting Council at (631)737-4931 for more informa-tion.
Compost Issues - Aroundthe Nation New York State Law toAddress Compost/FertilizerConflictsEllen Harrison
The primary benefits of com-post use are not nutrient addi-tions, as most compost pro-ducers already know. Compostdoes, however, contain nutri-ents and users need to knowabout them. A compost pro-
C o m p o s t C o m m u n i c a t o r S u m m e r 2 0 0 3 10
ducer seeking to provide nutri-ent information must abide bythe fertilizer rules in states thathave such laws. The rules forfertilizers simply don’t work forcomposts.
Legislators in New York Statepassed a law in June, aftermeeting with a group of com-post producers, which wouldexempt compost from the fer-tilizer law and rules. Currentlaw and rules exempt “unma-nipulated animal and vegetablemanures,” but the NYDepartment of Agriculture andMarkets (NYSDAM) thatadministers the rules does notinterpret composted manure tofall within that exemption.Thus the new law simply adds“compost resulting from thenatural aerobic decompositionof animal or vegetative con-stituents for the production ofa stable, humus-like material towhich no additional chemicalfertilizer has been added”, tothe existing list of exemptions.
At this time the bill (A08497)is on the Governor’s deskawaiting signature. That maynot be a sure thing since thereis some concern on the part ofthe NYSDAM about the law.
The misfits between the fertil-izer rules in NYS (which close-ly follow the national modelput out by the Association ofAmerican Plant Food ControlOfficials) are many. That lawwas designed many years agoto provide assurance to con-sumers that what they boughtcontained at least as muchnutrient value as the manufac-turer claimed. Composts weresimply not on the radar screen.Here are some of the problemswith trying to fit compostsinto fertilizer rules:
• Fertilizer nutrient claims area guaranteed minimum.Compost is not a formulatedproduct, so nutrient levels vary.Under CAFO (ConcentratedAnimal Feed Operations) rules,a livestock producer distribut-ing composted manure mustinform the recipient of theaverage nutrient value. Such acompost producer could notsimultaneously abide by boththe fertilizer and CAFO rules!• If bound by fertilizer rules,composters could not informusers about properties such asorganic matter content, pH ormaturity.• Fertilizer rules require sale byweight. Since composts con-tain moisture and may dry outon the shelf, composters mustover pack to be sure they don’tfall below the stated weight.• Fertilizers are used by thepound, composts by the ton,so fees based on weight soldare not equitable.
• Specified test methods forfertilizers are not appropriatefor composts, yet the currentrules would require them to beused. These are just some ofthe major issues that make itimportant to change the cur-rent picture.
NYS has not adopted a soilamendment law, while manystates have. These laws are alsonot appropriate for compostsand USCC has been workingwith AAPFCO to try and draftmodifications that might work.In the meantime Idaho hasamended their soil amendmentlaw to help address composts.The Idaho law allows soilamendments to provide infor-mation on an estimated rangeof nutrient content so long asit is supported by laboratorydata. A label must state that“This product is recognized forits soil amendment characteris-tics. It is recognized that it hasnutrient value. Any nutrientclaims, verbal or written, areestimates and not guaranteed.”We will hopefully see morestates adopting laws and regu-lations that address compost’sparticular attributes.
Compost Short CourseThe Cornell WasteManagement Institute(CWMI) is sponsoring a one-time, limited enrollmentCompost Advanced Short.The 3 day course (October 27-29, 2003) and one day tour(October 26) will be held inIthaca, NY. An integrating
theme for the course isMatching Compost Propertiesand User Needs. Instructorsinclude CWMI staff (JeanBonhotal, Ellen Harrison andDan Olmstead), Eric Nelson(Cornell), Tom Richard (IowaState), Leslie Cooperband (U.Wisconsin), Will Brinton(Woods End Research Lab),Jim Marion (NYS Dept. ofCorrections) and Paul Sellew(Synagro). The early registra-tion course fee is $275. TheTour on October 26 is option-al. The fee for the tour is $55.
For the application form andfor more information on theCourse and Tour, go to theCWMI site at:http://cwmi.css.cornell.edu
Composting Exam 2003 The US Composting Council'sProfessional CredentialsCommittee will again offer anational certification for com-posting professionals at theannual conference. In partner-ship with the Solid WasteAssociation of North America(SWANA), facility operatorscan now be certified as aComposting ProgramManager. The CertificationExam will be offered onWednesday, January 28th at 9AM.
More information will be pro-vided in the next issue of theCOMPOST COMMUNICA-TOR and can be found onboth the SWANA and USCCwebsites.
COMPOST COMMUNICATOR edited by Stu Buckner and Al Rattie
Printing compliments of Cortec Corporation
“Joining the USCC was a “no-brainer”! The opportunity tointeract with the leaders in thecompost market at the AnnualConference alone makes ourmembership worthwhile. Weare proud to support the effortsof the USCC and believe thatan independent organizationis the best way to serve theneeds of the growing compost-ing community. “
Daniel WaldmanPublisher MSW ManagementMagazine
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Current Conference Sponsors Include:
Sheremeta Envt’lConsultants
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THE US COMPOSTING COUNCIL'S12th Annual Conference & Trade Show
“Growing the Industry”January 25-28, 2004
The Tropicana, Las Vegas, Nevada
Pre-Conference Workshops and Training OpportunitiesMarketing Training Seminar
Compost Tea WorkshopBackyard Composting Workshop
REGISTER TODAY: Go to www.compostingcouncil.org or call the USCC at 631-737-4931Exhibitor Information and Sponsorship Opportunities are also available on the USCC website
www.compostingcouncil.org or call the USCC at the number listed above
NRGProcessingSolutions
CH2M Hill
Kessler Consulting
Synagro
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