Comments on Proposed Revisions to Virginia Solid Waste Management Regulations (9 VAC 20-81)

9 VAC 20-81-95 – Identification of Solid Waste

C.7.b. – Clean wood combustion residues (wood ash) should be allowed as an absorbent for liquid wastes brought to a composting facility; it should also be allowed for use in a composting facility as a pH adjustment amendment.

D.7. – On-site containerized composting of post-consumer food scraps should be conditionally exempt from this chapter provided the composting operation can demonstrate compliance with the Process To Further Reduce Pathogens (PFRP) and Vector Attraction Reduction (VAR) requirements of 40 CFR Part 503.

9 VAC 20-81-320 – Siting Requirements

F.3. – Type B facilities should be allowed in areas where depth to the seasonal high ground water table is less than 2 feet provided the facility is equipped with hardened waste receipt, composting and product storage pads in accordance with the requirements at 9 VAC 20-81-330.A.2.d. and with stormwater management facilities in accordance with 9 VAC 20-81-330.A.2.i.

9 VAC 20-81-330 – Design and Construction Requirements

A.2.d. – A fourth alternative should be added:

            (4) A 12” compacted gravel pad underlain by a continuous impermeable membrane liner of        minimum 60-mil thickness and equipped with leachate collection above the liner and leak            detection below the liner.

9 VAC 20-81-340 – Operation Requirements

A.2.b. – Allowable testing standards should specifically include the U.S. Composting Council and U.S. Department of Agriculture Test Methods for the Examination of Compost and Composting (TMECC)

A.2.g.5. – The requirement to include anticipated daily traffic flow in the Operations Plan should be deleted as it doesn’t allow the necessary flexibility for compost facilities to deal with new feedstocks (without a permit modification for each new feedstock), with unanticipated orders for large quantities of compost (VA DOT has ordered over 20,000 CY from one producer in 2007-2008, requiring over 500 tractor-trailer loads), or for accommodating incoming retail traffic that is entirely unpredictable.

9 VAC 21-80-360 – Closure Requirements

A.2.d. – The minimum advance time required to notify VA DEQ of impending closure should be shortened to 90 days from 180 days.  There are too many causes for rapid decisions to close (sudden death, medical emergencies, bankruptcies, loss of waste receipt contracts) and it is unrealistic to expect compost facilities to predict 6 months in advance.

9 VAC 20-81-397 – Exempt Facilities

B.1. – The amount of off-site yard waste received by an agricultural operation should be increased to 10,000 cubic yards per year.  This is equivalent to one 40-CY rolloff dumpster per day on a 5-day week, 52-week year schedule.  This will help farmers find additional revenue sources and economic benefit from receiving off-site wastes for composting on-farm.

B.2. – Farms authorized to take in yard waste and manures should also be allowed to take in Clean wood combustion residues (wood ash) up to 10,000 CY/year and pre-consumer food wastes up to 4,000 CY/year.  This will help farmers find additional revenue sources and economic benefit from receiving off-site wastes for composting on-farm.

B.2.b. – The space requirement should be increased from 150 CY finished compost per acre to 1,500 CY finished compost per acre.  Assuming a 50% volume loss in composting (which is normal), this only allows 300 CY per acre of compostable feedstocks per acre.  A small windrow composting operation is able to handle 4,000 – 6,000 CY/acre of compostable feedstocks.  Existing VA DEQ permitted windrow composting operations on-farm are handling over 8,000 CY per acre without adverse impact.

B.2.d. – As noted before the maximum amount of yard waste allowed to be brought on-farm should be increased to 10,000 CY.

B.3.a. – The amount of allowable yard waste receivable from off-site at a non-farm operation should be increased from its current limit of 500 CY to 1,000 CY.  1,000 CY is a pile 30 ft wide x 90 ft long x 10 ft high and is unlikely to cause an environmental or public health impact.

B.3.b. – Owners of non-farm property who receive yard wastes for composting should be allowed to earn compensation for their work.  This will help increase the diversion of yard wastes from landfilling to composting and increase VA recycling rates as well as reduce greenhouse gas emissions of methane from landfilling.

B.4. - As noted before the maximum amount of yard waste allowed to be brought on-farm should be increased to 10,000 CY.

Submitted by:

Craig Coker

Coker Composting & Consulting

1213 Spradlin Rd.

Vinton, VA 24179

(540) 890-1086