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

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

3. 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

4. Overview of Compost Regulations

5. Where are the compost regulations?
Online on the Texas Secretary of State website under Texas Administrative Code. Link:
Compost Specific Rules

6. Why does TCEQ have compost regulations?
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
Section is SB 1340

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

8. 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.

9. Obtaining Authorizations
by Authorization Types

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

11. 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

12. Core Data Form (TCEQ-10400)
The Core Data Form and instructions are available at: <
1 for Facility Owner
1 for Property Owner – If different from Facility Owner

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

14. What are exempt compost facilities?
Facilities which compost only source-separated:
Yard trimmings;
Vegetative material;
Paper;
Manure; and
Clean Wood.
Mulching Operations

15. 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

16. 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
Recycled

17. 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

18. TCEQ Form-20049

19. Exempt Composting Application Process
Submits forms & 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

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

21. Compost Notification Feedstocks
Animal Carcasses
Meat
Fish
Dairy Products
Grease
Oil

22. 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

23. TCEQ Form-0651
g.html/#forms

24. 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

25. 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.

26. Compost Registrations and Permits

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

28. 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’

29. 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

30. 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.

31. 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

32. Grease Trap Waste

33. 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

34. 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)

35. 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

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

37. 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)

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

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

40. Compost Rebate Program

41. 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 (b)).
20% of solid waste fees if on-site disposal of yard waste is banned by the LF

42. 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
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43. Questions?
Contact Information
Mamadou Balde, P.G
Garrett Heathman