DEFINITIONS

1. Correct the Compost Definition: Compost" means a stabilized organic product produced by a controlled aerobic decomposition process in such a manner that the product can be handled, stored, or applied to the land without adversely affecting public health or the environment.

Replace with the American Association of Plant and Food Control Officials definition adopted in 2018, reference 75th edition, AAPFCO Official Publication (2022):

Compost is the product manufactured through the controlled aerobic, biological decomposition of biodegradable materials. The product has undergone mesophilic and thermophilic temperatures, which significantly reduces the viability of pathogens and weed seeds, and stabilizes the carbon such that it is beneficial to plant growth. Compost is typically used as a soil amendment, but may also contribute plant nutrients.

2. Add to definitions:

Certified Compostable Products: Any product specifically manufactured to break down in a compost system at the end of its useful life. Examples include containers, films, or foodservice ware such as bowls, plates, cups, cutlery, and bio-plastic liner bags. Products are composed of materials such as vegetable matter, paper, cardboard, and plastics and are certified as conforming to ASTM D6400 or ASTM D6868 standards. A third-party certification body should be required, as approved by the state. These products should be labeled in accordance with the state labeling guidelines.

9VAC20-81-410 Permits-by-rule and other special permits

new addition (Derived from Maryland regulations): 

“9VAC20-81-95D. The following activities are conditionally exempt from this chapter provided no open dump, hazard, or public nuisance is created:”

#. On-farm composting in an area no more than 5,000 square feet using covered windrowing, in-vessel systems, and/or aerated static pile (ASP) technology, when used to process offsite waste organic Category I, Category II, or Category III feedstocks in containers designed to prohibit vector attraction and prevent nuisance odor generation.  “On-farm” sites would be defined as farming operations as the primary land use on the property. Feedstock piles may not be higher than 9 feet and all other piles are limited to a height of 12 feet. When determining the area used in support of composting, include areas used for feedstock receiving and preparation (such as mixing, shredding, water addition), active composting, curing, and storage (including compost, equipment, and waste). The areas do not need to be contiguous and spaces not used for any of the activities listed above may be omitted, including empty fields and roads. For an area greater than 5,000 square feet, approval from the department will be required prior to composting.

9VAC20-81-310 Applicability

(4) Compostable or biodegradable food containers and utensils.

Please strike the words or biodegradable and replace with 

Certified Compostable Products as defined in this regulation.

9VAC20-81-340 Operation requirements

Recommend this addition to (B)1:

1. The facility shall operate under the direct supervision of a waste management facility operator licensed by the Board for Waste Management Facility Operators and trained and certified by the US Composting Council’s Certified Compost Operation’s Manager program (https://certificationsuscc.org/Certification/The-Basics)

Recommend replacement in this section of (C ) 2 with the text below.

2. Facilities for the composting of that compost Category II, III, or IV feedstocks, including those that mix these categories with Category I feedstocks, shall be provided with are subject to the following requirements in addition to the requirements of subdivision 1 of this subsection:

a. Noncompostable or other undesirable solid waste shall be segregated from the material to be composted. Solid waste that is not composted, salvaged, reused, or sold must be disposed at a permitted solid waste management facility authorized to accept the waste.

b. a. Products will continue to be considered as solid wastes until the testing indicates that they attain finished compost standards. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity and shall be conducted in a manner consistent with SW-846, as amended, and other applicable standards. The minimum number of samples that shall be collected and analyzed is for the testing required under subdivisions 2 b, 2 c, and 2 d of this subsection are shown in the following table below. Samples to be analyzed for metals shall be composited prior to the analysis.

c. b. All finished products will be tested for compost stability using one of the methods listed below in subdivisions 2 b (1) through 2 b (5) of this subsection:

(1) Temperature decline to near ambient conditions when not the result of improper management of the composting process. Composting records shall indicate schedules for turning, monitoring of moisture within the required range, and mix of composting feedstocks.

(2) Reheat potential using the Dewar Compost Self-Heating Flask. The results must indicate a stable product. Temperature rise above ambient must not exceed 10°C for stable compost. Very stable compost will not exceed 20°C above ambient.

(3) Specific oxygen uptake. To be classified as stable the product must have a specific oxygen uptake rate of less than 0.1 milligrams per gram of dry solids per hour.

(4) SolvitaTM Compost Maturity Test. To be classified as stable the product must exhibit color equal or greater than six.

(5) Carbon dioxide evolution. To be classified as stable the product must not evolve more than 1,000 milligrams of carbon dioxide per liter per day.

d. c. In addition to testing required of this subsection, finished products produced from any Category Categories III and IV materials will be tested for the presence of the following organisms using the methods indicated below: (1) Parasites. The density of viable helminth ova in the finished compost shall be less than one per four grams of total solids (dry weight basis) at the time the finished compost is prepared for sale or give away in a container for application to the land. Viable helminth ova reduction shall be demonstrated by testing the finished compost once per quarter for a period of one year. After the viable helminth ova reduction has been demonstrated for the composting process, additional helminth ova testing will not be required provided the composting operating parameters and incoming waste stream are consistent with the values or ranges of values documented during the initial helminth ova reduction demonstration. If the composting parameters or incoming waste stream change a new viable helminth ova reduction demonstration is required, and (2) Bacteria bacteria pathogens. Either the density of fecal coliform in the finished compost shall be less than 1000 Most Probable Number (MPN) per gram of total solids (dry weight basis), or the density of Salmonella sp. bacteria in the finished compost shall be less than three MPN per four grams of total solids (dry weight basis) at the time the finished compost is prepared for sale or to give away in a container for application to the land. (3) Other test methods, or facility operating standards may be used in lieu of the above parasite and pathogen testing requirements as approved by the department.

e. Metals. d. In addition to the testing requirements contained in this subsection, all finished products produced from Category IV materials shall be analyzed for the metals shown below in the following table. The concentration of contaminants shall not exceed the following levels:

We suggest section C (2)  be replaced with this testing from the USCC’s Model Rule Template:

 Tier Two and Three facilities shall meet the following test standards and requirements:

1. Samples and measurements taken for the purpose of product testing shall be representative of the composting activity and shall be conducted in a manner consistent with TMECC or other applicable standards pre-approved by [state regulatory agency]. 

2. The minimum number of samples that shall be collected and analyzed is shown below. Samples to be analyzed shall be composted prior to the analysis. Compost samples must be collected from ready-to-sell finished compost using TMECC compost sampling methods. 

Compost Quantity1   Frequency

1 – 6200 tons/year Must test every three months
6201 – 17500 tons/year Must test every two months
17501 tons/year and above Must test every month

 1Either the amount of finished compost applied to the land or prepared for sale or giveaway for application to the land (on an “as is” or “wet tons” (wet weight) basis)

1. All compost shall be tested for stability using one of the methods listed in TMECC 5.08, Respirometry.  

1. The stability results must be reported

2. All compost shall be tested for the presence of pathogens using the methods in TMECC 7.00, Pathogens. 

1. Either the density of fecal coliform in the finished compost shall be less than 1,000 Most Probable Number (MPN) per gram of total solids (dry weight basis), or the density of Salmonella sp. Bacteria in the finished compost shall be less than three MPN per four grams of total solids (dry weight basis) before the compost may be sold, given away or applied to the land. 

2. All composts shall be analyzed for metals listed in 40 CFR, Section 503.13(b)(3), as amended using methods described in TMECC 4.00 Chemical Properties

Submitted by US Composting Council

May 16, 2022

Contact: Linda Norris-Waldt, lnorriswaldt@compostingcouncil.org