Regulating Composting United States Composting Council Compost Operations Training Course March 4, 2015 Greg Reyes County of Riverside Department of Environmental Health Ken Decio California Department of Resources Recycling and Recovery (CalRecycle)

Regulations you may need to know State CCR, Title 14. Environmental Protection – Waste – Water – Air Occupational safety Product Local Land Use/Zoning/CUP Construction & Occupancy/Building City/County Code Solid Waste Mgmt Hauling Franchise Agreements

California Regulations ( Integrated Waste Management Act) – Integrated approach to waste management practices: emphasis on recycling and waste reduction. – Title 14 (compost, transfer station, chip & grind, tiers) – Title 27 (Landfill) – Defined a statewide solid waste permitting and enforcement program to be administered by CalRecycle and enforced at the local level by certified Local Enforcement Agencies (LEA). – CalRecycle has dual mandate of assistance and enforcement 3

Different types of Compostable Material Handling Permits Full – Allows processing of all materials Registration (limited scope) – Limited scope to make it easier to get permit Enforcement Agency Notification (Permit-by-rule) – Permit deemed automatically within specific set of conditions – Notify Planning Department

Composting Tiers Excluded Enforcement Agency Notification Full Permit 5

Tier Placement Based On: Material Type (feedstock) Volume to be processed Location 6

Material Type (Feedstocks) – Agricultural Material – Green Material – Biosolids – Food Material – Mixed Solid Waste 7 Tier Placement

Volume to be processed Compost – Excluded 500 yd 3 or less material generated on site – Notification 12,500 yd 3 or less green material – Full Permit >12,500 yd 3 green material &/or other material Chip and Grind – Notification < 200 tons per day – Registration 200 to 500 tons per day – Full Permit > 500 tons per day 8 Tier Placement

9 TYPE OF FEEDSTOCK EXCLUDEDEA NOTIFICATIONFULL PERMIT BIOSOLIDSSTORAGE ON SITE AT A POTW BIOSOLIDS ONLY SEPARATE FROM NORMAL TREATMENT AT A POTW GREEN MATERIAL ≤500 CU YDS ONSITE ≤1000 CU YDS GIVEN AWAY OR SOLD ANNUALLY ≤12, 500 CU YDS > 12,500 CU YDS, OR GREEN MATERIAL WITH OTHER WASTE INCLUDING FOOD AGRICULTURAL MATERIAL (INCLUDES MANURE) ≤1000 CU YDS GIVEN AWAY OR SOLD ANNUALLY ONLY AG MATERIAL WHEN MIXED WITH OTHER WASTE INCLUDING FOOD RESEARCH < 50 CU YDS ≤5000 CU YDS ON-SITE OR IN-VESSEL ( > 5000 CU YDS WITH LEA APPROVAL) FOOD WASTE≤10 % FOOD WASTE, ONLY WITH GREEN MATERIAL ≤500 CU YDS, ON-SITE AND ≤1000 CU YARDS GIVEN AWAY OR SOLD ANNUALLY RESEARCH OPERATION ONLY WHEN ADDED TO THE TREATMENT OF BIOSOLIDS AT A POTW ALL OTHER SITUATIONS

Locations – Stand-alone operation or facility – Co-located at a permitted solid waste facility – Biomass conversion site – Farm and ranch – Public Operated Treatment Works 10 Tier Placement

Site Standards Construction and Site Preparation – Layout or components – Maps – Signage and security – Leachate/runoff mgmt – Pad materials or performance – Engineering signoff

Site Standards Permitting Requirements – Methods – Monitoring – Contingency or emergency – Non-compostables mgmt (contaminants) – Time limits – Closure requirement – Odor control (OIMP)

Site Standards Odor Impact Minimization Plan – Nuisance odor plan, response methodology – Weather variations – Moisture/aeration – Regulatory approval – Documentation, benefit to the operator

Site Standards Record Keeping – Log of operation – Annual report Paper or electronic? Specific forms? – How long to keep – Available for inspection

Site Standards Sampling and Product Quality – Are there standards? – Sampling methodology and frequency – Labs specified? – Substitution? – Before distribution? – Availability? – Recourse if failed?

Other Environmental Protection Permits Water Protection – State Water Resources Control Board – Regional Water Quality Control Boards (9) – National Pollution Discharge Elimination System – Erosion and Sediment control during construction – Long term stormwater management Air Protection – Local air pollution control districts (35) – Odors as nuisance – Air pollutants from point sources

Other Permitting Zoning – Often requires conditional use permit – Has been approved as an “ag-related” business Fire Marshal Solid Waste Management – District, County, Agency, Authority, or ? – May need to approve or include in plan

Sales & Marketing Agriculture or Consumer Protection Depends on claims – Fertilizer, soil amendment or conditioner – Fertilizer includes guaranteed analysis of N-P-K Label requirements Facility license and product registration

– Certify and evaluate LEAs – Provide LEAs with technical support and training – Concur or object to issuance of permits – Inspect landfills (18 months) & other facilities as needed to evaluate & assist LEAs 19 CalRecycle Responsibilities

– Process and issue permits – Inspect facilities – Document compliance status – Complaint investigations – Carry out Enforcement Actions 20 LEA Responsibilities

Inspectors take an overall view of the facility

Some facilities require more odor control than others

LEA Responsibilities Common Problems – Heat, lack of or too much – Volume of Material – Record Keeping – Sources of liquids – Odors, Odors, Odors!!!!!

Working with Regulators The Inspection You know what they will look for!!! – State Minimum Standards – Permit Conditions – Site volume limits – Organized and complete records – Complaint response

Working with Regulators Regulators are regular people – Ask questions – Make sure you understand requirements and expectations – Ask questions – Discuss problems – ASK QUESTIONS!

Be vigilant and you won’t get burned out.

CalRecycle On-Line Assistance Tier Placement Permit Toolbox 27

Revisions to Title 14 & Title 27 – 14 Issues Food waste definition Land application: disposal or beneficial use On-site storage and 12,500 cubic yard limit Odor complaints POTWs accepting food waste and fats, oils and grease Green waste contamination Anaerobic Digestion facility permitting Regulatory coordination of meat, fish, and poultry Max. metal concentrations consistency with federal regulations Clarify “processing” in agricultural material definition Small-scale composting exclusions Clarify “permitted maximum tonnage” on Form E-1-77 Vermiculture EA Notification Inspection frequency language

Formal Rulemaking - Formal rulemaking process – Oct. 10, day written comment period - Dec. 5, Public hearing on December 10, Staff currently reviewing comments -Informal workshop – March 2015

Major Changes/Issues – Food Material Composting – Physical Contaminants in Compost – Land Application of Compostable Materials

Food Material Composting Current Food Material definition is general Does not distinguish between various food waste types Food material composting requires a full permit

Proposed Food Material Composting Regulation Expands food material definition; adds “vegetative food material” Allows composting of vegetative food material at a “Vegetative Food Material Composting Facility” Food material composting still requires a Compostable Materials Handling Facility Permit

Proposed Compostable Material Handling Tiers Excluded Tier Enforcement Agency Notification Tier Registration Permit Tier Full Solid Waste Facility Permit Agricultural material derived from an agricultural site and returned to the same site Vermicomposting Mushroom farming Small-scale composting (< 100 yd 3 or 500 sq. feet) Refer to Section for complete list Agricultural Material Composting Operations (all) Green Material Composting Operations (< 12,500 yd 3 ) Biosolids Composting Operations at POTWs (all) Research Composting Operations Chipping and Grinding Operations (< 200 tpd) Vegetative Food Material Composting Facilities (< 12,500 yd 3 ) Chipping and Grinding Facilities (200 tpd < x < 500 tpd) Composting Facilities (all) (e.g. biosolids, food material, digestate, mixed solid waste) Green Material Composting Facilities (> 12,500 yd 3 ) Vegetative Food Material Composting Facilities (> 12,500 yd 3 ) Chipping and Grinding Facilities (> 500 tpd)

Physical Contaminants in Compost Current regulations do not contain a limit for physical contaminants in compost.

Physical Contaminants in Compost Proposed regulation would require compost to contain no more than 0.1% by weight of physical contaminants

Land Application of Compostable Materials Application to agricultural land is beneficial use if it meets CA Department of Food & Agriculture requirements. Need better method to determine when land application is considered disposal.

Proposed Land Application Regulation Any land, including Agricultural land Meet 0.1% physical contaminant limit, metals concentrations and pathogen density requirements One application per year, not to exceed 12” total accumulated depth - EA, in consultation with Regional Water Quality Control Board, can approve alternative depth & application frequency Agricultural land only Meet 0.1% physical contaminant limit Finding from CDFA that the use is agronomically beneficial