MHOA/MassDEP Health Officers 2015 Annual Winter Seminars Update on Recently Revised Regulations Solid Waste Facility Regulation Reform Organics Diversion/Waste Ban Asbestos Regulation Amendments

1. Solid Waste Regulation Reform 310 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 waste 2. “Third-Party” Inspections Expansion and standardization of third party inspection requirements Revisions were made to 310 CMR 19 Solid Waste Management in Feb 2014. Amendments affect ALL Transfer Stations of any size, accepting all materials EXCEPT TSs accepting > 50 tpd C&D waste

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 In many cases, a certification from the Transfer Station has replaced permits. IF MassDEP has issues with a Transfer Station certification, it will notify the submitter in writing. Otherwise, MassDEP will rely on the certification as submitted. 2/15/15 was original deadline for existing TS cert submittals, extension is under discussion.

Process for New and Expanded Transfer Stations: Initial permitting process same as before: Site assignment from local BOH File permit application MassDEP 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

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 2/15/15 was original deadline for existing TS cert submittals, extension is under discussion.

Third Party Inspections Goals: Decrease likelihood or duration of deviations and potential adverse impacts on the environment Increase oversight of solid waste facilities or activities Support compliance Standardize inspection and reporting requirements The new regulations require that solid waste facilities have third party inspections Goals: 1st bullet is the key.

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 A listed 3rd Party Inspector is: An individual must submit a certified Qualifications Statement A municipal employee can inspect the town’s facility if: He/she works for a different department; and Is a MassDEP listed TPI (on the list) Contact State Ethics Commission About 120 listed Updated every few months

Third Party Inspection Frequencies Minimums for O&M and Waste Ban Inspections (Follow Facility Permit if More Frequent) 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 This is minimum. If a facility has an inspection frequency higher than this in their permit they can request to reduce frequency to the standards above. DEP does not have to reduce an inspection frequency. There are legitimate reasons to have a higher frequency like enforcement, odor problems, etc. To make it less than what’s stated in the minimum frequency above we will need: a variance? a policy?

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

For more information: 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

2. Organics Diversion Initiative Policy 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

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

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 Supported by RW TA and info resources. 1 ton/week threshold is disposal, not generation As along as get below the 1 ton/week are in compliance Inspected like other waste bans, at solid waste facility No enforcement issued yet 1 ton threshold is per contiguous location (e.g., college campus counted together – excluding dorms which are considered residential Chains are counted per distinct location Believe most restaurants and virtually all public schools are out – large restaurants, colleges, hospitals, supermarkets, food manufacturers, meeting/conference centers are entities typically subject NO PLANS TO LOWER THRESHOLD Generally going well – minimal concerns Biggest remaining issue is packaged food, which is subject, but for which outlets are limited Dealing with this through short term waivers where needed.

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 There are systems that offer the ability to track food purchases and identify waste. Concept is – don’t buy it if you don’t need it.

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 Very robust food donation infrastructure RecyclingWorks is an organization funded by MassDEP to assist businesses in reducing waste. Much of their effort lately has been to provide information on reducing food waste. Harvard Food Law Policy Clinic developing fact sheets for us on Liability Protection, Tax Incentives, and Product Date Labeling.

Ways to Comply – ON-SITE SYSTEMS Pulpers/dehydrators dry & condense material Can send off site for composting Systems that discharge into wastewater Compliant with waste ban but also need to meet local wastewater requirements Flexible capacity – can grow quickly Many generators may choose to manage the food material on-site Listing of on-site systems on RW website RW provides information resources and TA

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 The RW BMPs are meant to help BOH standardize requirements for the management of food material being collected and shipped off at a restaurant or other business – Consistency in management standards can also assist haulers of the material maintain compliance MassDEP website has list of facilities that are permitted to accept food material Searchable service provider database on RW database

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 John.fischer@state.ma.us

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 Background: Boards of Health implement the State Sanitary Code (105 CMR 410.353: Asbestos Material): Every owner shall maintain all asbestos material in good repair, and free from any defects including, but not limited to, holes, cracks, tears or any looseness which may allow the release of asbestos dust, or any powdered, crumbled or pulverized asbestos material. Every owner shall correct any violation of 105 CMR 410.353 in accordance with the regulations of the Department of Environmental Protection appearing at 310 CMR 7.00 and in accordance with the regulations of the Department of Labor and Workforce Development appearing at 453 CMR 6.00. MassDEP’s regulation (310 CMR 7.00 and 7.15) have been revised. Legal Structure hasn’t changed Revisions incorporate policies that were previously outside the regulations, and aligned program with NESHAPs The overlap with the State Sanitary code allows opportunity for inter-agency cooperation, Boards of Health can enforce MassDEP’s regulation at residences.

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 MassDEP asbestos regulations focus on demolition and renovation projects. Basic program structure remains unchanged. It consists of three main elements that reflect the life-cycle of a typical asbestos abatement project: Notification requirements before starting work Standards when conducting the abatement activities (“work practices”) Waste disposal requirements Ultimately, these elements must remain faithful to the fundamental performance standards for the regulation: Prevent releases of asbestos fibers (e.g. visible emissions) to ambient air; and Protect public health, safety and the environment.

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 Pre-Reno/Demo Survey: Aligns with existing EPA NESHAP requirement When evaluating a permit application for building renovation or demolition, municipal officials could remind owner/operators of MassDEP requirement to conduct asbestos survey prior to starting any renovation or demolition activities. Note: MassDEP doesn’t require local officials to ask for this survey, also it’s not a requirement of the state building code. Notification Exemption for Small Jobs: < 100 sf of asbestos-cement shingles, siding, panels <100 sf of asbestos floor tile and related mastics < 32 sf of gypsum wallboard and related joint compound Examples of applicable work practices (these were formerly in policies, now in the reg: Wetting work surface to prevent generation of visible dust Carefully lowering roofing and siding shingles to the ground Spreading tarp or plastic sheeting where debris may fall and cleaning up at end of each shift Properly packaging waste material in leak-tight, sealed and labeled waste container

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 Non-Traditional Asbestos Abatement Work Practices were historically called Alternative Work Practices. During the regulatory review, EPA insisted on the new term to prevent confusion with a similar term in the federal program.

Asbestos Project Look-up Tool http://www.mass.gov/eea/agencies/massdep/air/programs/asbestos.html The Asbestos Project Look-Up tool is a useful resource that municipal officials can use to verify the status of an abatement project at any given address. The look-up tool is updated automatically every 15 minutes from information in the asbestos database, so it is quite current. It contains information of all notifications in approximately the past 6-months. The look-up tool can be accessed from the MassDEP website at the links listed on the slide. 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: michael.elliott@state.ma.us, 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: caroline.mcfadden@state.ma.us, telephone: 617/292-5766 Regional MassDEP Asbestos Contacts: Central: Gregg Levins (gregory.levins@state.ma.us, 508/767-2768) Northeast: John Macauley (john.macauley@state.ma.us, 978/694-3262) Southeast: Cynthia Baran (cynthia.baran@state.ma.us, 508/946-2887) Western: Marc Simpson (marc.simpson@state.ma.us, 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

Questions? Comments? THANK YOU! MassDEP Bureau of Air & Waste Presenters: 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