1. 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

2. 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

3. 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.

4. 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

5. 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.

6. 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.

7. Third Party Inspections
Must be performed by a Third-Party Inspector “Listed” with MassDEP (
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

8. 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?

9. Required forms
TPI Reports due within 30 days after inspection
TS Certification Form

10. For more information: Regional Solid Waste Section Chief
WERO-Dan Hall: 413/
NERO-John Carrigan: 978/
CERO-James McQuade: 508/
SERO-Mark Dakers: 508/
Boston BWP
Paul Emond: 617/

11. 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

12. Data on Organics in Trash
Food waste and other organics = 25 – 34 % of disposal in Mass.
Food waste alone = %
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

13. 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.

14. 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.

15. 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.

16. 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

17. 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

18. Information and Resources
Questions – John Fischer, MassDEP
(617)

19. 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 : 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 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.

20. 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.

21. 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

22. 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.

23. Asbestos Project Look-up Tool
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.

24. For More Information:
Final Regulation and Response to Comments on the draft regulation:
Questions about Asbestos Regulations and Policy: Mike Elliott, telephone: 617/
Asbestos Forms:
Questions about MassDEP forms and filing procedures: Caroline McFadden, telephone: 617/
Regional MassDEP Asbestos Contacts:
Central: Gregg Levins 508/ )
Northeast: John Macauley 978/ )
Southeast: Cynthia Baran 508/ )
Western: Marc Simpson 413/ )
Asbestos Project Lookup Tool:
MassDEP Asbestos Website:

25. 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