1. Current and Future Considerations Relating to Anaerobic Digestion Facility Permitting.
Presented to the HB 171 Workgroup, 5/17/2018
Edward M. Dexter, P.G., Administrator
Solid Waste Program, MDE.
Good morning! I’m Edward Dexter, a geologist by trade, and have been with the agency since I have been the Administrator of the Solid Waste program since 2002, which accounts for me looking old and tired. At the moment, I am also chairing the Maryland Solid Waste and Recycling Work Group, which is considering the question of what new regulations might be wise to impose on recycling facilities. Why, you may ask.

2. Anaerobic Digestion Fits Where?
Recently, interest in AD has been increasing.
Technically, the typical feedstocks for AD – manure, food scraps, yard trimmings, etc. – are solid waste in Maryland.
The Department could require a Refuse Disposal Permit for AD.
AD does not enjoy the specific exemption that composting has in the definition of ‘solid waste’ in Section of the Environment Article:
Now, Anaerobic Digestion has not been directly addressed by the Department in the past, except peripherally. Technically, AD could possible be considered to be a solid waste acceptance facility that would require a Refuse Disposal Permit, because of the definition of Solid Waste, which was recently clarified to exempt a few things, including food waste and other organic feedstocks that are being aerobically composted in a proper manner, but not wastes being digested in anaerobic ways. Here’s that definition:

3. Environment Article, §9-101(j):
(j)  Solid waste. -- 
(1)  "Solid waste" means any garbage, refuse, sludge, or liquid from industrial, commercial, mining, or agricultural operations or from community activities.
(2)  "Solid waste" includes:
(i)  Scrap tires as defined in § of this title;
(ii)  Organic material capable of being composted that is not composted in accordance with regulations adopted under § (b) of this title;
(iii)  Materials that are managed at a recycling facility and are not recyclable materials as defined in § of this title; and
(iv)  Recyclable materials as defined in § of this title that are not:
1.  Returned to the marketplace in the form of a raw material or product within 1 calendar year from the time the recyclable materials are received; or
2.  Otherwise managed in accordance with regulations adopted under § of this title.
(3)  "Solid waste" does not include:
(i)  Solid or dissolved material in domestic sewage or in irrigation return flows;
(ii)  Compost as defined in § of this title;
(iii)  Organic material capable of being composted that is composted in accordance with regulations adopted under § (b) of this title; or
(iv)  Materials that are managed at a recycling facility in accordance with regulations adopted under § of this title.
I’ve emboldened some of this text just to show that the composting exemption doesn’t apply to material that would be anaerobically digested.

4. HOWEVER…
The Department has not historically required recycling facilities to obtain refuse disposal permits as long as they do not accept and generate more than a de minimis quantity of solid waste requiring disposal.
HB 124 from the 2017 Legislative Session directs the Department to develop regulations for recycling facilities to clarify when a permit is or is not required.
HOWEVER, we haven’t historically required a refuse disposal permit at facilities that were pretty much just recycling the material that they received in legitimate ways, and just disposed of a small quantity of materials that came in with the recyclables. For example, in the days of pre-sorted recyclables, a glass recycler is mostly just getting bottles, but a well-meaning person might have put in a leaded glass ashtray, which isn’t recyclable. No problem!
In recent years, though, we did have a couple of facilities that were ostensibly recyclers, but were handling single-stream recyclables that were so contaminated that they were causing significant environmental issues – water contamination, and the attraction of rats, flies and mosquitoes. In one case, we had to take a civil enforcement action and shut the place down.
At the request of the Department, a bill was put in for consideration in the 2017 Legislative Session which does a number of things.

5. HB 124 from 2017:
Among other things, the bill requires MDE to adopt regulations to :
Establish conditions under which a recycling facility does not require a refuse disposal permit.
Exempt certain materials that are managed at a recycling facility from being designated as solid waste.
Include design, construction, and operational conditions for recycling facilities to protect public health, the environment, and to minimize nuisances; a tiered system of permits or approvals for recycling facilities, as specified; and exceptions to any requirement to obtain a recycling facility permit or approval.
And, MDE must establish a workgroup to do these things.
I won’t go over the whole bill, a link is on the Solid Waste Program page of our website if you are interested, but with respect to recycling facilities generally, it directs us to look into what new regulations might be needed to properly regulated recycling facilities. Note that it directs us to examine recycling facilities, decide if and what additional regulations might be needed, and put together a workgroup to consult with in making these determinations.

6. Workgroup Progress:
The workgroup has met 3 times and is examining existing Maryland regulations and other states’ recycling regulations.
The workgroup will consider permit exemptions and/or basic performance standards for recyclers that pose a limited risk of environmental impacts.
We have done so, and have met three times, the most recently being this week. So far we have examined Maryland’s solid waste regs governing processing facilities, as a sort of ceiling for the requirements that we would want on a recycling facility; and the General Restrictions and Specifically Prohibited acts from COMAR , as a set of minimum requirements. We also reviewed a subset of the recycling regs from New Jersey, which are detailed but very dense. And at the behest of the work group, I have recently proposed some basic requirements for a few of the more easily managed types of recycling facilities like concrete recyclers. Next, we will move onto some of the more complex sorts of activities, like sites doing multiple kinds of recycling.

7. So, AD Fits Where? To summarize:
AD does not require a refuse disposal permit if constructed and operated in a manner that minimizes the amount of non- digestible materials that are screened out and disposed to a de minimis quantity, and does not cause nuisances, pollution, or other threats to the public health, safety, or comfort.
The HB 124 Workgroup will consider how to address AD as part of the recycling facility regulations, taking into account any discussions and recommendations on AD permitting made as part of this HB 171 study group.
We hope to have draft regs by the end of the year.
To keep track of our activities, go to the Solid Waste Page on MDE’s website at
So, to make a long story short:
At this second in time, we haven’t been making AD facilities get a Refuse Disposal Permit, although we could;
The HB 124 Workgroup will consider how to address AD as part of the recycling facility regulations, taking into account any discussions and recommendations on AD permitting made as part of this HB 171 study group; and
We hope to have draft regs by the end of the year.
You can keep tabs on this by watching the solid waste page – just go to the Department’s page at then follow the Land and Materials link, and then the Solid Waste Page, and scroll down til you hit the Workgroup’s section of the page. Or, our meetings are open, and are announced on the Calendar like these meetings.

8. Questions?
Any questions?
Then thank you!