MPCA Rulemaking Project for Source-Separated Organic

Material Compost Facilities

Stakeholder Meeting to Discuss Scope and Key Concepts

November 19, 20101

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

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Compost Rules – MPCA Management Team

• Solid Waste Program Manager: Gary Pulford

• Permitting Unit Supervisor: Paula Connell

• Rulemaking Unit Supervisor: Dave Richfield

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Compost Rules MPCA Staff Team

• Rulemaking Coordinator: Yolanda Letnes

• Engineering:Tony Bello

• Hydrogeology related to siting: John Elks

• Operations and compost testing:Ginny Black

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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

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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

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Layout of CurrentMinn. R. 7035.2836: Two Tracks

Yard Waste Composting

Solid Waste Composting

Subp. 1. Scope Subp. 4. Design requirements

Subp. 2 Notification Subp. 5. Operation requirements

Subp. 3 Operation Requirements

Subp. 6. Compost classificationSubp. 7. Compost distribution & end use

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Fitting SSOM into Current Compost Rule

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• Acceptable materials: yard waste only

• Permitting: “Permit by Rule”

• Notification: __• Pad: All-weather• Training: • Odor controls:• Stormwater:• Testing:

Yard Waste(current)

Solid Waste(current)

SSOM(to be added)

• 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

• 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: __

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)

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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)?

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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.

Example Industrial Stormwater permit requirement is triggered if:• Stormwater/leachate discharge off the site, OR• Operator purchases feedstock materials, such as carbon

for bulking

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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?

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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?

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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?14

Subp. 8. Design Requirements

• Size– ______Large (more requirements)– ______Small (less requirements)

• Type – Windrows (aearated)– Static Piles (non-aerated)

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Subp. 8. Design Requirements

• Pad – Impermeable pad required only under certain

circumstances

– All weather work surface required (accessible all seasons for management operations)

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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)

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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

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Subp. 9. Operation RequirementsMechanically Aerated Windrows (aerated)

Static Windrows/Piles (no mechanical aeration)

Maintain aerobic conditions55° C for at least 3 weeks

Maintain aerobic conditions55° C for at least 7 daysTurn at least once every 3-5 days

O2 requirements O2 requirements

Biofilter – VOC/odor control: approx. 6” to “-12”, first 2-4 wks (metro, non-metro??? Based on AQ classification)

Maximum windrow height (8’, 10’, 12’ with/wo biofilter??)

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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?

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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?

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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

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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

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Questions?

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