A.
Applicability. The
permit-by-rule licensing provisions of this section shall apply to the
distribution for utilization in Maine of residuals other than Type II residuals
that meet all of the standards of this section. Failure to meet any of these
standards will require formal application to the Department for a license to
distribute composted residuals under sections 2 through 7 of this chapter. The
Department assumes that the distribution of composted residuals in strict
conformity with these permit-by-rule provisions will meet the standards of
06-096 CMR ch. 400, section 4 and the standards in section 2 through 6 of this
chapter. No variances to the requirements of this section may be granted.
NOTE: 38 M.R.S.A. §1304(18) prohibits the
Department from licensing the utilization and distribution of compost derived
from Type II residuals under the permit-by-rule provisions of this section. See
06-096 CMR ch. 400 for a full definition of residual types. Type IA residuals
are leaf, vegetative and other residuals with a C:N ratio of greater than 25:1.
Type IB residuals are food and other residuals with a C:N ratio of between 25:1
to 15:1. Type IC residuals are fish and other residuals with a C:N ratio of
less than 15:1. C:N refers to the ratio of available carbon to nitrogen of the
raw residual prior to composting. See Appendix 410 A for a list of typical C:N
ratios for various residuals. Type II residuals are sewage sludge, septage, and
other residuals that may contain human pathogens. Type III residuals are
petroleum contaminated soils and other residuals that may contain hazardous
substances above the risk based standards in 06-096 CMR ch. 418, Appendix
A.
B.
Standards
(1)
Composting.
The residual must be composted prior to distribution for utilization.
(2)
Sampling. Sampling must be
done in accordance with 06-096 CMR ch. 405, section 6(D).
NOTE: Metals and other hazardous substances must
only be measured if, based on the nature of the residuals processed and other
appropriate factors, the Department determines that there is a potential for
these constituents to be in the compost at levels that could pose a risk to
human health or the environment.
(3)
Heavy Metal Standards
(a) Monthly concentrations of metals in the
compost must be less than the concentrations in table 419.3, column A if the
metals are derived from sewage sludge or dewatered septage.
(b) Monthly concentrations of metals in the
compost must be less than the concentrations in table 419.5, column A, if the
metals are derived from a Type III residual.
NOTE: This does not necessarily mean that
compost needs to be analyzed monthly for heavy metals. See 06-096 CMR ch. 405,
section 6 for determining frequencies.
(4)
Hazardous Substances. For
compost made from Type III residuals, concentrations of hazardous substances
other than heavy metals in the compost are less than the screening standards in
06-096 CMR ch. 418, Appendix A.
(5)
Sharps and Synthetic Objects. The residual contains less than
0.05% by weight, of synthetic objects, and contains less than one sharp object,
such as broken glass, nails or needles, per 10 tons of residual based on visual
inspection.
(6)
Compost
Stability. The stability class of the compost must be measured and the
generator must distribute information to compost users on the appropriate uses
of the compost, based in part on the compost's stability.
(7)
Salt Content. For compost
with a salt content greater than 2 mmhos/cm, the generator must distribute
information to compost users on the appropriate uses of the compost based in
part on the salt content of the material.
(8)
Agronomic Utilization. The
compost must be distributed for agronomic utilization and each ingredient in
the compost must add to the agronomic benefit of the mix as a whole.
(9)
Record Keeping and
Reporting. The generator will keep records and file an annual report of
the volume of compost distributed in Maine each year in accordance with section
6 of this chapter.
C.
Notification Requirements. At least 15 working days prior to the
first shipment of any composted residual for utilization in Maine, the compost
generator shall submit to the Department a permit-by-rule notification on a
form developed by the Department. This notification must include:
(1) The generator's name, address, telephone
number and contact person; and
(2)
The appropriate application fee.
(3)
Public Notice. Proof that
public notice of the application has been provided as required in section 2(F)
of this chapter.
(4)
Facility
Description. For facilities other than those licensed under 06-096 CMR
ch. 410, a brief description of the compost facility including:
(a) The volume, type and characteristics of
the residuals processed at the facility, any materials added to the compost
prior to distribution for utilization, and the ratio of all materials in the
final compost mix;
(b) The method
of composting used at the facility; and
(c) A list of federal and state environmental
permits held by the facility.
(5)
Sampling. A copy of the
Sampling and Analytical Work Plan for the facility that is used to analyze the
compost to ensure compliance with the compost quality standards in section 8(B)
above. The plan must including a certification from a qualified chemist that
the Sampling and Analytical Work Plan meets the applicable standards of 06-096
CMR ch. 405.
(6)
Marketing. A brief description of how composted residuals will be
distributed in Maine and instructions for appropriate use that will be provided
to the users of the compost including:
(a) The
name and address of the person who prepared the compost;
(b) A statement that the compost may not be
applied when the soil is frozen, snow-covered or water-saturated; such that the
compost will be washed into surface water; or placed directly into surface
waters or below the groundwater table, without prior approval from the Maine
Department of Environmental Protection; and
(c) Recommended blending and/or loading rates
based upon annual heavy metals loading, nutrients, salt content, stability, and
other factors as appropriate.
(7)
Certification. A statement
signed by the applicant that the distribution of composted residuals will
conform with the requirements of this section.
