MHOA/MassDEP Health Officers 2015 Annual Winter Seminars Update on Recently Revised Regulations 1.Solid Waste Facility Regulation Reform 2.Organics Diversion/Waste.

MHOA/MassDEP Health Officers 2015 Annual Winter Seminars

Update on Recently Revised Regulations

1. Solid Waste Facility Regulation Reform

2. Organics Diversion/Waste Ban3. Asbestos Regulation Amendments

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1. Solid Waste Regulation Reform310 CMR 19.000 Revisions

Two Major Areas of Changes:1. Transfer Station Permit Streamlining • Affects ALL Transfer Stations EXCEPT those

handling 50 tons per day or more C&D waste2. “Third-Party” Inspections• Expansion and standardization of third party

inspection requirements

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Transfer Station Certifications:• Bind the Transfer Station to:– Comply with valid written approvals/permits and– Operate in compliance with the regulations

• Are not “approved” by MassDEP• Are required:

30 days before operation of a new or expanded Transfer Station 30 days before any modification 30 days after acquisition of a Transfer Station At least once every 5 years By 2/15/15 for an existing Transfer Station

Any of the above restarts 5 year certification clock

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Process for New and Expanded Transfer Stations:

• Initial permitting process same as before:Site assignment from local BOHFile permit applicationMassDEP reviews application and issues a written

permit and an Authorization to Construct (ATC) at same time

• What is different?Once facility is constructed, file a certification prior to

operation (in place of an Authorization to Operate)Any modification requires filing a new certification

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Certifications for Existing Transfer Stations:

• Identify all valid/applicable permits (Facility permit, ATC, ATO, modifications, etc.)

• Provide information relative to any modifications made after 2/14/14 or is being requested since the last written approval issued by MassDEP

• Due by 2/15/15

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Third Party Inspections

• Goals: Decrease likelihood or duration of deviations and

potential adverse impacts on the environmentIncrease oversight of solid waste facilities or

activitiesSupport complianceStandardize inspection and reporting

requirements

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Third Party Inspections • Must be performed by a Third-Party Inspector “Listed” with

MassDEP (http://www.mass.gov/eea/docs/dep/recycle/solid/swftpi.pdf)

• Third Party Inspections are required at all Solid Waste Facilities (any size) – Transfer Stations, Landfills (active and closed), C&D Processing, Combustion Facilities

• Inspections focus on: 1) Operation and Maintenance, and 2) Waste Bans

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Third Party Inspection Frequencies

Minimums for O&M and Waste Ban Inspections(Follow Facility Permit if More Frequent)

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Facility Type Inspection FrequencyLandfill Every 2 months (6/year)Closed landfill Every 2 yearsTransfer Stations 50 TPD or less Once a year (1/year)Transfer Stations More than 50 TPD Twice a year (2/year)C&D waste transfer station or processing facility

Every 3 months (4/year)

Combustion Facility Every 3 months (4/year)

Required forms • TPI Reports

http://www.mass.gov/eea/agencies/massdep/recycle/approvals/solid-waste-applications-and-forms.html#8 due within 30 days after inspection

• TS Certification Form http://www.mass.gov/eea/agencies/massdep/recycle/approvals/solid-waste-applications-and-forms.html#2

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Regional Solid Waste Section ChiefWERO-Dan Hall: [email protected] 413/755-2212

NERO-John Carrigan: [email protected] 978/694-3299

CERO-James McQuade: [email protected] 508/767-2759

SERO-Mark Dakers: [email protected] 508/946-2847

Boston BWPPaul Emond: [email protected] 617/292-5974

For more information:

2. Organics Diversion InitiativePolicy and Goals

• Solid Waste Master Plan – Overall goal – reduce disposal by 2 million tons (30 %)

annually by 2020• Primary Organics Goal – Divert additional 350,000 tons

per year of organic materials from disposal by 2020• Clean Energy Results Program– Support the development of renewable energy in

Mass. – Goal to have 50 MW of anaerobic digestion in place

by 2020

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Data on Organics in Trash

• Food waste and other organics = 25 – 34 % of disposal in Mass. • Food waste alone = 15 - 19%• Varies seasonally • 1.3 – 1.5 million tons organics disposed per year

• Estimate 600,000 tons from businesses/institutions• Ban & supporting strategies to divert 200,000 tons of this

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Commercial Organics Waste Ban

• Took effect October 1, 2014

• Food and vegetative material

• Does not apply to management in wastewater

• Commercial/institutional organics – dispose > 1 ton/week

• Estimate – 1,700 businesses/institutions subject to the ban

• Focus now on outreach and compliance assistance

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Ways to Comply - REDUCE

• Smarter purchasing• Save money on disposal and purchasing costs• Key is tracking• Can achieve large percentage reductions if not

already tracking

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Ways to Comply - DONATE

• Robust infrastructure in place already• More opportunities to safely donate packaged

and unpackaged food• RecyclingWorks has worked with local health

officials and others to develop recommended BMPs for collection/storage

• Harvard Food Law Policy Clinic is developing factsheets on liability protection, food date labeling, tax incentives

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Ways to Comply – ON-SITE SYSTEMS

• Pulpers/dehydrators dry & condense materialoCan send off site for composting

• Systems that discharge into wastewateroCompliant with waste ban but also need to meet local

wastewater requirements

• Flexible capacity – can grow quickly

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Ways to Comply – OFF-SITE FACILITIES

• RecyclingWorks worked with local officials to develop BMPs for separate food waste collection

• Options include compost, animal feed, anaerobic digestion

• About 50 sites now in Massachusetts – includes compost sites, animal feed at farms, and AD facilities

• Some food waste going to out of state outlets• RecyclingWorks – searchable service provider database• Haulers and brokers – key roles in sourcing materials

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Information and Resources

• www.recyclingworksma.com• http://www.mass.gov/eea/agencies/massdep

/recycle/reduce/food-waste-ban.html

• Questions – John Fischer, MassDEP– (617)292-5632– [email protected]

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3. Asbestos Regulation Revisions(310 CMR 7.00 and 7.15)

• Revision goals:– Better align with EPA Asbestos-NESHAP– Complement Dept. of Labor Standards (DLS) regs– Clarify definitions and regulatory requirements– Codify accepted material-specific work practices

that previously only existed as policy or guidance

• First major re-write in 30 years• Took effect on June 20, 2014

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What Stays the Same for MA Demolition and Renovation Projects:

• Basic program structure:– Notification is required before work starts – Asbestos abatements (including work practice

standards) are required– Asbestos-containing waste material must be properly

managed• Fundamental performance standards to prevent

releases of asbestos into ambient air

Note: MA DLS’s requirements have not changed

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What’s New? (1 of 2)• Pre-Renovation/Demolition Survey

– Identifies all ACM and Suspect ACM before work starts

• Notification Exemptions– Small jobs involving cement shingles & siding, floor tiles, and

wallboard/joint compound (non-friable ACM only)– Homeowner working on own home (non-friable ACM only)– For all, need to follow applicable work practices to ensure work is

done safely

• Material-specific work practices– Asphalt roofing; window caulking; cement shingles; floor tile;

gypsum wall-board

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What’s New? (2 of 2)• Permits for “Non-Traditional Asbestos Abatement

Work Practices”– Formal permit to conduct “alternative work practices” (e.g. demo of

unsafe buildings, bulk loading of demolition debris)

• Waste Shipment Record Forms– Aligns with existing EPA NESHAP requirement

• Record-keeping requirements– Owner/operator must maintain copies of pre-reno/demo survey and

waste shipment records for minimum of 2-years

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Asbestos Project Look-up Tool

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http://www.mass.gov/eea/agencies/massdep/air/programs/asbestos.html

http://public.dep.state.ma.us/Asbestos/Asbestos.aspx

For More Information:

• Final Regulation and Response to Comments on the draft regulation: http://www.mass.gov/eea/agencies/massdep/air/regulations/310-cmr-7-00-air-pollution-control-regulation.html#3– Questions about Asbestos Regulations and Policy: Mike Elliott, email:

[email protected], telephone: 617/292-5575

• Asbestos Forms: http://www.mass.gov/eea/agencies/massdep/air/programs/asbestos.html#2 – Questions about MassDEP forms and filing procedures: Caroline McFadden, email:

[email protected], telephone: 617/292-5766

• Regional MassDEP Asbestos Contacts: – Central: Gregg Levins ([email protected], 508/767-2768)– Northeast: John Macauley ([email protected], 978/694-3262)– Southeast: Cynthia Baran ([email protected], 508/946-2887)– Western: Marc Simpson ([email protected], 413/755-2115)

• Asbestos Project Lookup Tool: http://public.dep.state.ma.us/Asbestos/Asbestos.aspx• MassDEP Asbestos Website:

http://www.mass.gov/eea/agencies/massdep/air/programs/asbestos.html

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Questions? Comments?THANK YOU!

MassDEP Bureau of Air & WastePresenters: 3/26/15: Richard Blanchet, Deputy Director, Business

Compliance Division 3/31/15: John Fischer, Chief, Business Recycling Branch 4/7/15: Nancy Seidman, Assistant Commissioner

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