stakeholder meeting to discuss scope and key concepts november 19, 2010 1

Stakeholder Meeting to Discuss

Scope and Key Concepts

November 19, 2010 1

Introduction: Meeting Logistics

• Note sign-up sheet for attendees

• Microphone use

• Emails during live webcast should be sent to william.wilde@state.mn.us

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Purpose of SSOM Rule ProcessRecognize 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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IntroductionsIntroductions of attendees

Introductions of MPCA participants

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Compost Rules MPCA Mgmt. Team

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Compost Rules MPCA Staff Team

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Overview: SSOM Rule ProcessAPA 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

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Overview: SSOM Rule ProcessHow this meeting fits in the larger timeline, leading to publication of a draft ruleMeeting purposeTimeline of rule process

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Layout of Current Minn. 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

Acceptable materials: yard waste only

Permitting: “Permit by Rule”

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

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Yard Waste(current)

Solid Waste(current)

SSOM(to be added)

• Acceptable materials: source separated yard, food and __

• Siting: Min 5 ft to GW

• Permitting: No change

• Pad for compost: All-weather, unless __

• 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: __

IdeasSource 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

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Ideas

Portions of Demonstration Agreement template will be used for rule (most current version)

Guidance documents to follow will fill in some of the details (e.g. 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?

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SSOM Rule Concepts - OverallFeedstocks beyond yard waste and food: What about industrial by products from food processing (e.g. vegetable trimmings)?

What about industrial byproducts not from food processing (e.g. paper sludge from deinking mill)?

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SSOM Rule Concepts - ContinuedStormwater management requirements - carried forward from existing rules

Existing requirementsFlexibility when storm water managed on-siteLess flexible if storm water discharged off site

Example, Industrial Stormwater permit requirement is triggered if: --Stormwater/leachate discharge off site, OR

--Operator purchases feedstock materials, such as carbon for bulking 15

SSOM Concepts - ContinuedCurrently, 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 Minn. R. 7035.2836, Subp. 6A

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SSOM Concepts, ContinuedQuestion 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 Discussion

What should scope allow for SSOM?Statutory definition (broad)Use in rule (narrower)Industrial waste streams?

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Subp. 1. Scope DiscussionFeedstocks

We are considering the following prohibited materials list.:Treated woods (they introduce metals)

Demolition debris (sheet rock, insulation, etc.)

Creosote or railroad tiesWhat about manufactured wood?

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Subp. X. Location Stds. Discussion

Not on Karst (Anoka Sand Plain?)

5’ minimum separation to water table

Flood plain? 7035.2555? Same as with composting.

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Subp. X. Location Stds. Discussion

Should there be a minimal buffer distance?

Local government role?

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Subp. 8. Design Rqmts. Discussion

Size______Large (more requirements)______Small (less requirements)

 Type

Windrows (aerated)Static Piles (non-aerated)In-vessel

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Subp. 8. Design Rqmts. Discussion

Pad Impermeable pad required only under certain circumstances

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

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Subp. 8. Design Rqmts. DiscussionPad

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 Rqmts: Odor Control

Mixing food waste with bulking agentImmediately upon delivery of food waste, IF

NOT, Place a biofilter on food waste and mix and

incorporate into windrow be end of working day

Odor Management Plan requiredIf odor complaints, plan will be required to be

modified to include increasing odor mitigation steps (guidance document?)

Sampling and Analysis plan25

Subp. 9. Operation Rqmts. Discussion

Windrows (aerated)

Static Windrows/Piles (no mechanical aeration)

Maintain aerobic conditions 55° C for at least 3 weeks

Maintain aerobic conditions 55° C for at least 7 daysTurn at least once every 3-5 days

O2 requirements

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

Maximum windrow height (8’, 10’,12’ with/without biofilter??) 26

Subp. 9. Operation Rqmts. Training

• 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?–Add as a permit requirement?–Training set out in rule language or Guidance?

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Subp. 10. Compost Classification

Use readily available test methods (bucket method & log of testing – this list kept up to date by guidance, not a list specified in rule)

Industry standard testing methods for finished product

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Subp. 10. Compost Classification

Maturity testing – Solvita

STA requirements – additional detail on methods?

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Subp. 11. Compost distribution & end use

No change to current rule languageClass I

Unrestricted distributionComply with DOA Rule 18C.005, if sold as a

fertilizer, specialty fertilizer, soil amendment or plant amendment

Class IIRestricted distribution – commissioner

approvalDocuments required for use

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Closing ThoughtsThere will be plenty of opportunity in

months to come for more public engagement

Keeping the scope focused on clarifying technical requirements suitable to SSOM composting will help this rulemaking move more quickly

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Closing Thoughts

Minnesota’s source-separated organics-handling capacity (all types, from compost to animal feeding) is much too small to process up to 15% of the MSW stream if source separated as organics

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Closing ThoughtsSSOM rule clarification could help

bring down the capital costs of future capacity (e.g. by cutting per-acre costs for compost pad)

But rules can’t fix other, key factors that drive up total composting costs compared to costs of cheap landfill disposal

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Closing Thoughts

Fixing the larger economic problem will need new action by policymakers at county level and in Legislature

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Questions?

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