Paul Emond, MassDEP, discusses changes to the solid waste regulations that impact siting and permitting of various waste facilities.

1. Municipal Recycling Council
March April 2014

2. Recent Regulations
 Talking About
 Site Assignment Regulations – 310 CMR 16.00
 “Organic Capacity Development”, “AD Regulations”, “Recycling,
Composting, Conversion (RCC)”
 Final rule issued 11/23/12
 Solid Waste Facility Regulations – 310 CMR 19.000
 Solid Waste Regulation Reform
 Final rule issued 2/14/14
 Not Talking About
 Organics Waste Ban
 Final rule issued 1/31/14
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3. Recycling, Composting or Conversion
(RCC) Operations/Activities
 Do not require Site Assignment
 Do not require a Solid Waste Facility
Permit (310 CMR 19.000)
 Are subject to regulation under
provisions of 16.03-16.05
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4. 16.03 - 16.04 - 16.05
Three major parts:
 16.03 Exemptions from Site Assignment
 16.04 General Permits for Recycling, Composting or
Aerobic and Anaerobic Digestion Operations
 16.05 Permit for Recycling, Composting and Conversion
(RCC) Operations
4

5. 16.03 Exemptions
 Reorganized and expanded
 Outright exemption from 16.00 but may require notification
 Mostly, but not limited to, handling recyclable or organic
material
 Example: Recycling Drop-off Centers
 Example: Dumpsters at the site of generation
 New additions
 Composting ≤ 20 cubic yards or 10 tons per week
 Municipal food material drop-off of ≤ 1 ton per day
 Both require Board of Health and MassDEP notification
 Note: any exempt activity that provided notification under
prior regulations does not have to do a new notification.
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6. 16.04 and 16.05
RCC operations regulated in accordance with 16.04
General Permit or a 16.05 RCC Permit must:
1. Only handle:
 Recyclable Material (RM); or
 Organic Material (OM); and
2. Recycle, compost or covert the RM or OM
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7. 16.00 - Key Definitions
Recyclable or Recyclable Material means a material that
has the potential to be recycled and which is pre-
sorted. Recyclable material includes biodegradable
paper, but does not include:
 organic materials that will be composted or converted;
or
 construction and demolition waste unless it has been
separated and kept separate into at least the following
categories:
 asphalt, brick and concrete; ceiling tiles; wood; metals; plaster
and wallboard; roofing materials; and carpet.
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8. 16.00 – Key Definitions
Organic Material means any of the following source
separated materials:
 agricultural material;
 biodegradable paper;
 biodegradable products;
 clean wood;
 food material;
 vegetative material : or
 yard waste.
It does not include sanitary wastewater treatment facility
residuals.
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9. 16.00 – Key Definitions
Conversion is a *new* term and concept
 Conversion (or convert) means aerobic or anaerobic
digestion or enzymatic, thermal or chemical
degradation of organic materials. For purposes of 310
CMR 16.00, conversion does not include composting.
 Organic material can be converted into energy (fuel),
recyclable materials cannot
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10. 16.04 General Permits
*New* - 16.04 - General Permit for Recycling, Composting or Aerobic
and Anaerobic Operations - *New*
 Applicability
 a recycling operation that receives no more than 250 tons per day of recyclable
materials, not including paper;
 a composting operation that:
 receives no more than 105 tons per week and no more than 30 tons per day of
Group 2 organic materials,
 contains less than 5,000 cubic yards of organic materials per acre; and
 has less than 50,000 cubic yards of organic materials on site at any one time; or
 an aerobic or anaerobic digestion operation that receives no more than 100
tons per day of organic material from on or off site, based on a 30 day rolling
average
 Key operating requirement: all handling occurs in sealed tanks or vessels with odor
controls
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11. 16.04 General Permits
*New* - 16.04 - General Permit for Recycling, Composting or
Conversion (RCC) Operations - *New* (Continued)
Certification
 Owner/operator attest to compliance with the regulations
 No approval issued by MassDEP
Certification Submissions
 New Operations
 30 days prior to the start of operations
 Existing (operations started prior to 11/23/12)
 By 2/15/2014
 Email notification sent second week of January
 All operations
 Annually
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12. 16.00 Revisions
General Permit (16.04) Implications to Municipalities
 Leaf and Yard Waste Composting
 200+ municipal operations
 If not located at a SW facility (e.g. transfer station)
 Certification required under 16.04 General Permit
 Email notice was sent in early January 2014
 If located at a solid waste facility
 No certification required under 16.04 General Permit
 Instead, submit composting data with SW facility annual report
 If TS < 50 TPD only composting data required
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13. 16.05 – RCC Permits
*New* - 16.05 Permit for Recycling,
Composting or Conversion (RCC) Operations
- *New*
 RCC activities/operations not regulated in
accordance with 16.03 or 16.04 are regulated by
16.05
 Replaces Determination of Need (DONs)
 Existing DONs valid for up to 5 years
 Application, MassDEP review and written approval
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14. Solid Waste Regulation Reform
19.000 Revisions
Three Major Areas of Changes:
1. Transfer Station Permit Streamlining
 For any size transfer station that does not handle 50 TPD or
more C&D waste
2. Presumptive Approvals
 Special Waste, Some Post-Closure Uses, Minor
Modifications (administrative changes and the like)
3. ‘Third-Party” Inspections
 Expansion and standardization of third party inspection
requirements
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15. Transfer Station Permit Streamlining
 New or expanded transfer stations:
 Use similar process as now:
 Site assignment from local BOH
 File permit application
 MassDEP reviews application and issues a 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 file a new certification
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16. Transfer Station Certification
 Existing Transfer Stations
 File a certification under transition rules
 Due June 14, 2014
 Certification must:
 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
 Certification becomes the operating “permit”
 Certifications are not “approved”
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17. Transfer Station Certification
 Modifications to Transfer Stations That are Not
Expansions
 No application required
 Instead submit new certification
 Modification approved unless MassDEP says
otherwise
 No written approved issued
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18. Transfer Station Certification
 Implications to Municipalities
 Certification due 6/14/14
 Form not yet developed
 Expect email/snail mail reminder
 Any future modification requires a new certification
 A new certification required at least every five (5) years
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19. Presumptive Approvals
 Applies to:
 Post-closure uses not on the cap of a landfill
 Listed Special Wastes
 Minor modifications such as administrative changes
 Application must be submitted to MassDEP and BOH
45 days before starting activity
 BOH can comment to MassDEP within 45 day period
 MassDEP may request further information or deny in
that 45 day period, otherwise permit approved
 Within 45 days of completion of modification,
applicant submits as-built plans, unless no physical
modifications made
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20. Post-Closure Uses:
 Post-closure uses on a landfill cap (final cover)
requires a MassDEP written permit approval
 Post-closure uses not located on the landfill’s
cap or post-closure uses at any other type of
solid waste facility requires a Presumptive
Approval submission
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21. Special Wastes
 Presumptive approval for management of listed
special wastes
 Asbestos waste, medical and biological waste
(infectious waste) and sludges
 No approval required for other wastes provided:
 Complies with facility’s site assignment, permit, and
other relevant local, state or federal approvals
 Does not result in adverse impacts to the public
health, safety or the environment and does not
create a nuisance
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22. Third (3rd) Party Inspections
(TPI)
 Goals:
 Increase oversight of solid waste facilities or
activities
 Support compliance
 Decrease likelihood or duration of deviations
and potential adverse impacts on the
environment
 Standardize inspection and reporting
requirements
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23. Third Party Inspections
 All Facilities – Transfer Stations, Landfills,
Combustion Facilities
 Effective 8/14/14
 Focus
 Operation and Maintenance
 Waste Bans
 Observe loads
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24. Third Party Inspections
Frequency for Both O&M and WB
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Facility Type Inspection Frequency
Landfill Every 2 months
(6/year)
Closed landfill Every 2 years
Transfer 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)

25. Third Party Inspections
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Facility Size
Tons Per Day
Loads Observed for Waste Ban
Compliance
1-99 4
100 - 299 8
300 - 499 12
500 - 999 16
1000 or more 20
Waste Ban Loads Inspected

26. Third Party Inspection Reports:
 Forms
 Standard Inspection form
 Standard Reporting form
 Certification
 By Third Party Inspector
 By owner/operator
 Reports submitted by the facility owner to:
 MassDEP
 Local BOH
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27. Third Party Inspector:
Qualifications & Procedures
• MassDEP will create and maintain a list of
registered third party inspectors (TPI)
• To register an individual must submit a certified
Qualifications Statement
• Meet minimum academic/professional/experience
requirements
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28. Third Party Inspections
 Implications for Municipality
 Transfer stations or other SW facilities must be
inspected by TPI registered with MassDEP
 Expect first list of registered TPI to be posted by 7/1/14
 A municipal employee can inspect the town’s facility if:
 He/she works for a different department; and
 Is a MassDEP registered TPI (on the list)
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29. Summation/Take Away
 Determine 16.04 General Permit Applicability to
Municipal Composting or Recycling Activities
 If applicable, submit certification or, if at activity is at a
solid waste facility, include recycling/composting
information in annual report
 Transfer Station Certification
 Be alert for communication from MassDEP on
approaching 6/14/14 submission dateline
 Third Party Inspections
 Be alert for communication from MassDEP on
approaching 8/14/14 submission dateline
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30. 30
Site Assignment, Solid Waste Regulatory Reform Rules
Regional Solid Waste Section Chief
WERO-Dan Hall: daniel.hall@state.ma.us 413/755-2212
NERO-John Carrigan: john.carrigan@state.ma.us 978/694-3299
CERO-James McQuade: james.mcquade@state.ma.us 508/767-2759
SERO-Mark Dakers: mark.dakers@state.ma.us 508/946-2847
Boston BWP
Paul Emond: paul.emond@state.ma.us 617/292-5974
For more information: