Composting in Texas 2017 TCEQ Trade Fair Mamadou Balde, P.G. Garrett Heathman Municipal Solid Waste Permits Section Texas Commission on Environmental Quality

Why Compost? Environmentally Friendly Reduce the impact on landfills Production of Commodities

Discussion Topics Overview of the TCEQ Compost Regulations Where can they be found? Why do we have them? What is their purpose? Air Quality Requirements Exempt Facilities & Composting Authorizations Exemptions Notifications Registrations & Permits Changes & Add-ons to LF & Existing Compost Facilities Compost Rebate Program

Overview of Compost Regulations

Where are the compost regulations? Online on the Texas Secretary of State website under Texas Administrative Code. Link: http://texreg.sos.state.tx.us/public/readtac$ext.viewtac Compost Specific Rules https://cdn1.vox-cdn.com/uploads/chorus_asset/file/3665120/Microsoft_Edge_logo.svg.0.png http://4.bp.blogspot.com/-C8gnkNzeyLY/UcOThhVeXqI/AAAAAAAAAuI/wflZQ37tWVk/s1600/firefox.png

Why does TCEQ have compost regulations? www.statutes.legis.state.tx.us/ 40% Senate Bill 1340, 72nd Legislature The Texas Omnibus Recycling Law of 1991 Senate Bill 1051, 73rd Legislature To maintain human health, safety and Environmental Protection https://media.makeameme.org/created/brace-yourself-minimum.jpg Section 361.422 is SB 1340

Environmental Protection from? Nuisances Odors, Flies Unsightly objects /sites Vectors Pathogens (through insects, birds, rodents …) Contaminants Spills & Discharges Air Emissions

Air Quality Requirements Compost operations must be setback 50 feet from property boundaries. (Except Exempt under 2,000 cu. Yds) All in plant roads must be maintained to reduce dust. Grinders must be adequately filled to minimize dust emissions. Grinders not in an enclosed building must be equipped with a dust suppression system. Conveyors which off load outside must have a dust suppression system. Any operation which composts odorous material must blend with bulking material. (Notification+) Mechanical conveying or Pneumatic Conveying with filtration of conveying air. (Registration/Permit) Compliance with all these requirements entitles the facility to an Air Quality Standard Permit If the facility does not meet these requirements they must obtain an Air Quality Permit under Chapter 116.

Obtaining Authorizations by Authorization Types

Authorizations Types Exempt Composting Facilities §332.3(d) Compost Notifications §332.21(a) Compost Registrations §332.31(a) Compost Permits §332.41(a)

Exempt From Notifying TCEQ Special Circumstance Bexar County Under 332 Agricultural operations which generate and compost material on-site. Land application at rates below or equal to agronomical rates. Application of paper as erosion control or soil amendment Under 328 Facility is owned by local Government/Agency. Facility receives no compensation; more than 50% of materials from the public or generators not affiliated with the facility. Restrictions on: Pile Size Number of Piles Maximum Volume Fire Lanes Buffer zones Time Limits

Core Data Form (TCEQ-10400) The Core Data Form and instructions are available at: <www.tceq.texas.gov/goto/coredata> 1 for Facility Owner 1 for Property Owner – If different from Facility Owner

Exempt Compost Facility (Notice of Intent to Operate a Recycling Facility)

What are exempt compost facilities? Facilities which compost only source-separated: Yard trimmings; Vegetative material; Paper; Manure; and Clean Wood. Mulching Operations http://www.infobarrel.com/media/image/72905_max.jpg https://media4.popsugar-assets.com/files/2013/09/19/980/n/1922441/9693889af1f45a67__1170873.preview.jpg https://dreamnewengland.files.wordpress.com/2011/08/yard-trimmings-to-chip.jpg http://image.shutterstock.com/z/stock-photo-cow-feces-on-the-road-cow-manure-is-a-natural-organic-fertilizer-132746723.jpg

Exempt from what? Notification, Registration and Permit requirements under Chapter 332. General requirements in §332.4 and Air Quality requirements in §332.8 still apply. Limitations on Storage requirements in §328.4; and Reporting and Recordkeeping requirements in §328.5 apply. BUT AND

Limitations on Storage of Recyclables Has to be economically feasible to recycle 50% by weight or volume of material accumulated every 6 months must be classified as recycled https://upload.wikimedia.org/wikipedia/commons/e/e5/Compost_site_germany.JPG http://www.309mulch.com/hardwood_mulch.jpg http://www.luc.edu/media/lucedu/sustainability-new/images420/Compost_Not_Trash-640x341.jpg http://www.westlafayette.in.gov/egov/gallery/140144482434538.jpg Recycled

Recordkeeping Requirements Notice of source separation requirements Staff Trainings Documentation of rejected loads Documentation that less than 5% of all accepted waste is non recyclable Proof of Financial Assurance Weight Accumulated vs. Weight Recycled

TCEQ Form-20049 https://www.tceq.texas.gov/assets/public/permitting/forms/20049.pdf

Exempt Composting Application Process Submits forms 20049 & 10400 90 days before materials are received at the facility TCEQ MSW Project Manager reviews notification TCEQ Region Office conducts site investigation Operator establishes financial assurance MSW Notification Number Assigned to facility

Compost Notification (Notice of Intent to Operate a Compost Facility)

Compost Notification Feedstocks Animal Carcasses Meat Fish Dairy Products Grease Oil http://www.realclear.com/assets/photos/208471_5_.png http://www.porkopolis.org/pigcity7/wp-content/uploads/2012/03/bacongrease.jpg http://www.lobelsculinaryclub.com/wp-content/uploads/2013/08/Lobels_Filets-1024x770.jpg

Operational Requirements Composting Aerobic Limits on Storage Reporting Recordkeeping Reduction Pathogen Windrow Static Pile Within-Vessel Substances Prohibited Herbicides Insecticides Fungicides Hazardous Constituents Listed under 40 CFR Part 261 Appendix VIII

TCEQ Form-0651 https://www.tceq.texas.gov/permitting/waste_permits/msw_permits/MSW_amIregulatedcompostin g.html/#forms

Compost Notification Process Submit Forms 0651 & 10400 30 days before construction TCEQ OCC mails notice to adjacent landowners TCEQ MSW Project Manager reviews notification TCEQ Region Office conducts site investigation Operator establishes financial assurance MSW Notification Number Assigned to facility

How the Public is notified The Office of the Chief Clerk (OCC) will mail notice to adjacent landowners. The applicant must provide the list. County Central Appraisal District websites are great resources for this information.

Compost Registrations and Permits

Applying for Compost Registration/Permit Location Standards Feedstocks Types Application Content Application Review/Processing Operational Requirements Records/Reporting Requirements

Location Standards (§332.36 & 44) Not in wetlands or within 100 yr. floodplain. Will not alter drainage. If located in Edwards Aquifer Recharge zone subject to Chapter 313. Surface Water (100’) Public Water Wells (500’) Setback distance: 50’

Feedstocks (§332.31 & 41) Municipal Sewage Sludge Positively-Sorted Organics Disposable Diapers Sludge Byproduct from paper production (with ED approval) Mixed Municipal Solid Waste Grease Trap Waste

Sludge Additional Requirements Paper Submit a Request that: Identifies the source Describes the sludge production process Provides analysis results for: polychlorinated dibenzo-p-dioxins polychlorinated dibenzofurans Demonstrates final product is not harmful Municipal Sewage Comply with Chapter 312: Sample and Analysis: Metal Concentrations; Pathogen Reduction; and Vector Attraction Reduction. Record Keeping. End Product Sampling. Registration Requirements still apply. http://image.saratogian.com/storyimage/ST/20131014/NEWS/131019773/EP/1/1/EP-131019773.jpg&maxh=400&maxw=667

Mixed MSW at Permitted Sites Permitted Composting Facility shall not accept mixed municipal solid waste from a governmental unit until residents in the area have reasonable access to: Source-separated recycling programs Household Hazardous waste collection programs Mixed Municipal Solid Waste Recycling Program Permitted Compostable Waste Household Hazardous Waste Collection Program

Grease Trap Waste

Permits & Registrations Application Content Permits & Registrations Title Page Table of Contents Engineer Appointment Legal Description Ownership/Control of Land Financial Assurance Site Operating Plan Legal Authority Evidence of Competency Application Fee Notice of Coordination TCEQ Form-0653 Registration Only Adjacent Landowners List Plans & Specifications Permit Only Access Analysis Surrounding Land Use Facility Development Plan Landowners within a ½ mile

Application Review & Processing Administrative Complete Notification to Landowners (NORI) Technical Complete Notification to Public by Newspaper (NAPD) Comment Period Response to Comments (RTC) Public Meeting (permit only) Executive Director issues final decision on Authorization Motion to Overturn (MTO) State Office of Administrative Hearings (SOAH)

Operational Requirements Surface and Ground Water Protection Liners and Retention Ponds. Access and Unauthorized Material Controlled access, signs, all weather roads. Certified Compost Operator TCEQ Class A or B Specialized Training course Authorization for Significant Changes Aerobic Composting End-Product Standards

End-Product Standards Registrations: With sewage sludge: 30 TAC 312 & 332.72(d) Without sludge: 30 TAC 332 Subchapter G (only) Permits: All feedstocks: 30 TAC 332 Subchapter G (only) Product Grades Labeling

Record & Reporting Requirements The Facilities operating authorization from TCEQ A log of abnormal events End-product test results Copies of the Facility annual report End-Product Analysis Report (semiannual/monthly)

Add-on compost facilities @ lf & requests for changes at existing compost sites

Registration level: Submit TCEQ Form- 20650 Permit level: Submit TCEQ Form-0650 Requests for Changes Modifications: Registrations & Permits Amendments: Permits only

Compost Rebate Program

How much? and How? Facility must be a permitted landfill and have a compost plan. Finished compost must be used for beneficial use outside of landfill operations. Refund is based on compost operation costs. 15% of solid waste fees if yard waste is composted on-site (in accordance with 330.677(b)). 20% of solid waste fees if on-site disposal of yard waste is banned by the LF

Compost Rebate Form Start from TCEQ homepage ‘e-Reporting’ link on left hand side ‘Report through steers’ ‘Details of what you can do’ link at the bottom ‘View MSW help’ link near bottom of the page ‘Quarterly Report’ link at the top ‘Downloading a hard copy of the Compost Rebate Form’ link at the bottom ‘Compost Rebate Form (pdf)’ link at the bottom < https://www3.tceq.texas.gov/steers/help/msw/Composting_Form.pdf>

Questions? Contact Information Mamadou Balde, P.G Mamadou.Balde@tceq.texas.gov 512-239-2305 Garrett Heathman Garrett.Heathman@tceq.texas.gov 512-239-0520