Current through Register Vol. 24-06, March 15, 2024
(1)
Anaerobic digesters - Applicability.
(a) These standards apply to all facilities
that treat solid waste by anaerobic digestion.
(b) These standards do not apply to:
(i) Storage or treatment of solid or liquid
wastes in surface impoundments or tanks regulated under WAC
173-350-330;
(ii) Anaerobic digesters regulated in
accordance with chapter 90.48 RCW, Water pollution control; and
(iii) Anaerobic digesters regulated in
accordance with chapter 173-308 WAC, Biosolids management.
(2)
Anaerobic digesters -
Permit exemptions. In accordance with
RCW
70.95.305, anaerobic digester facilities
processing the types and volumes of materials identified in Table 250-A are
subject solely to the requirements of Table 250-A and (b) of this subsection
and are exempt from solid waste handling permitting. Feedstocks not listed in
Table 250-A must be approved by the department. Violations of the terms and
conditions of Table 250-A and (b) of this subsection may be subject to
enforcement provisions of
RCW 70.95.315.
(a) An owner or operator that does not comply
with the terms and conditions of Table 250-A and (b) of this subsection must
obtain a solid waste handling permit from the jurisdictional health department
and comply with all applicable requirements of this chapter.
Table 250-A Terms and Conditions for
Exemptions
|
Organic Materials
|
Volume
|
Specific Requirements for Activity or
Operation
|
(1) |
All organic feedstocks |
No more than 5,000 gallons or 25 cubic yards of
material on-site at any one time. |
No notification, reporting or testing requirements.
|
(1) (2) |
All organic feedstocks |
Greater than 5,000 but no more than 50,000 gallons of
liquid or semi-solid material on-site at any one time; or
Greater than 25 but no more than 250 cubic yards of
non-liquid material on-site at any one time. |
For facilities managing more than 5,000 gallons or 25
cubic yards on-site at any one time, and if organic materials are received from
or distributed off-site, the owner or operator must:
(a) Thirty days prior to operation, facilities must
submit a notification of intent to operate as a conditionally exempt facility
to the jurisdictional health department and the department. Notice of intent
must be submitted on a form provided by the department.
(b) Facilities that distribute digestate (solids,
semi-solids or liquids) off-site must meet the following conditions:
(i) Sample and test digestate solids every 5,000 cubic
yards or once per year, whichever is more frequent, to demonstrate it meets
compost quality standards of WAC
173-350-220(4)
(Table 220-B) before it is distributed for off-site use; or
(ii) Ensure digestate liquids or nonseparated digestate
meets the conditions for a commercial fertilizer as applicable in chapter 15.54
RCW, Fertilizers, minerals, and limes; or
(iii) Send digestate to a compliant permitted or
conditionally exempt compost facility for further treatment to meet compost
quality standards; or
(iv) Land apply digestate in accordance with WAC
173-350-230,
Land application; or
(v) Use digestate in accordance with WAC
173-350-200,
Beneficial use permit exemptions; or
(vi) Process or manage digestate in an alternate manner
approved by the department or the jurisdictional health department;
(vii) Submit annual reports and results of digestate
analysis (if applicable) to the department and the jurisdictional health
department by April 1st of each calendar year. Annual reports must be submitted
on forms provided by the department. |
(3) |
Livestock manure; may include livestock manure that is
imported, which means originating off of the farm or site where the anaerobic
digester is being operated; and Organic feedstocks except materials collected
from municipal, commercial or residential solid waste collection programs. All
imported organic materials must be preconsumer. If imported organic feedstocks
are likely to contain animal byproducts, they must be previously source
separated at a facility licensed to process food by the United States
Department of Agriculture, the United States Food and Drug Administration, the
Washington state department of agriculture, or other applicable regulatory
agency. If imported organic feedstocks contain bovine processing waste, they
must be derived from animals approved by the United States Department of
Agriculture Food Safety and Inspection Service and not contain any specified
Imported organic feedstocks cannot contain sheep carcasses or sheep processing
waste.
risk material. |
No limits when livestock manure is at least 50 percent
of total feedstocks volume, and imported, nonmanure organic feedstocks are not
greater than 30 percent of total feedstock volume. |
(a) Thirty days prior to operation, facilities
managing imported organic feedstocks must submit a notification of intent to
operate as a conditionally exempt facility to the jurisdictional health
department and the department. Notice of intent must be submitted on a form
provided by the department.
(b) All organic materials must be received and stored
in a structure(s) that:
(i) Complies with the Natural Resources Conservation
Service's Practice Standard Code 313 in effect as of July 26, 2009, or other
approved storage construction standard approved by the department or the
jurisdictional health department;
(ii) Is certified by a representative of the Natural
Resources Conservation Service to be effective at protecting surface and
groundwater; or
(iii) Meets applicable construction industry standards
adopted by the American Concrete Institute or the American Institute of Steel
Construction in effect as of July 26, 2009; and
(iv) Prevents migration of nuisance odors beyond
property boundaries and minimizes attraction of flies, rodents, and other
vectors.
(c) The anaerobic digester must be designed and
operated in accordance with standards in the Natural Resources Conservation
Service's Conservation Practice Standard, Code 366, in effect as of July 26,
2009.
(d) All imported organic feedstocks must be fed into
the anaerobic digester within 36 hours.
(e) Digestate must be managed in accordance with a
dairy nutrient management plan under chapter 90.64 RCW, Dairy nutrient
management, that includes elements addressing management and use of digestate.
Digestate that is managed in accordance with the dairy nutrient management plan
under chapter 90.64 RCW, Dairy nutrient management, is no longer a solid waste
when those plans include elements addressing management and use of diges-tate.
(f ) Facilities that distribute digestate (solids,
semi-solids or liquids) off-site other than under a nutrient management plan
must meet the following conditions:
(i) Digestate must meet compost quality standards of
WAC
173-350-220
for pathogens, stability, nutrient testing, metals and other testing before it
is distributed for off-site use; or
(ii) Be sent to an off-site permitted compost facility
for further treatment to meet compost quality standards; or
(iii) Be processed or managed in an alternate manner
approved by the department; and facilities must: Submit annual reports and
results of digestate analysis (if applicable) to the department and the
jurisdictional health department by April 1st of each calendar year. Annual
reports must be submitted on forms provided by the department. |
(b) The
owner or operator of an anaerobic digester in compliance with all of the
conditions of Table 250-A must also meet all of the following conditions in
order to maintain exempt status:
(i) Comply
with the performance standards of WAC
173-350-040;
(ii) Allow inspections by the department
and/or jurisdictional health department at reasonable times to verify
compliance with the conditions specified in this subsection;
(iii) Manage the operation to prevent the
attraction of flies, rodents, and other vectors; and
(iv) Manage the operation to prevent the
migration of agricultural pests identified by local horticultural pest and
disease control boards, as applicable.
(3)
Anaerobic digesters - Permit
requirements -Location. There are no specific location standards for
anaerobic digesters subject to this chapter; however, anaerobic digesters must
meet the performance standards of WAC
173-350-040.
Note: |
When considering anaerobic digestion facility
location, please review the U.S. Department of Transportation Federal Aviation
Advisory Circular No. 150/5200-33B. 2007. |
(4)
Anaerobic digesters - Permit requirements - Design. Anaerobic
digesters must be designed so that the facility can be operated to meet the
performance standards of WAC
173-350-040.
The owner or operator of an anaerobic digester facility must:
(a) Prepare and provide to the jurisdictional
health department engineering reports, plans, specifications, and a
construction quality assurance plan that address the standards of this
subsection. The reports, plans, and specifications must be prepared by a
professional engineer registered in the state of Washington and must include:
(i) An engineering report that presents the
design basis and calculations for the engineered features of the facility
including, but not limited to, pads, impoundments, leachate management features
(if applicable), digestate management features, stormwater management features,
and anaerobic digester features. The engineering report must demonstrate that
the proposed design will meet the performance standards of this
chapter;
(ii) Scale drawings of the
facility including the location and size of feedstock storage areas, fixed
equipment, buildings, leachate management features (if applicable), digestate
management features, stormwater management features, access road and other
constructed areas, and buildings integral to facility operation;
(iii) Design specifications for the
engineered features of the facility including, but not limited to, pads,
stormwater management features, leachate management features (if applicable),
digestate management features, and an anaerobic digester design that
demonstrates all structures, containers, tanks, and/or surface impoundments
will meet the requirements of this section, and of any federal, state, or local
water and air quality permits; and
(iv) A construction quality assurance plan
that describes monitoring, testing and documentation procedures that must be
performed during construction of the facility to ensure the facility is
constructed in accordance with the approved design.
(b) Provide all-weather roads from the public
highway to and within the facility when operations require public access. Roads
must be designed and maintained to prevent traffic congestion, traffic hazards,
dust and noise pollution;
(c)
Design waste receiving areas, digesters, digestate management features,
stormwater, and leachate management features (if applicable), to prevent
contamination of air, soil, surface water, and groundwater;
(i) Feedstock, leachate (if applicable), and
digestate receiving and storage areas must either be in tanks or surface
impoundments meeting the requirements of this section, or be on pads to prevent
contamination of air, soil, surface water, and groundwater underlying or
adjacent to receiving and storage areas;
(ii) Pads must meet the following
requirements:
(A) All pads must be curbed or
graded in a manner to prevent ponding, control run-on and runoff, and
separately collect and convey all stormwater and leachate to separate storage
or holding systems. Stormwater that is combined with leachate must be treated
as leachate in accordance with this section;
(B) All pads must be constructed on subgrades
that provide sufficient bearing capacity to support the weight of the pad, the
materials placed on them, and the equipment used in handling the
materials;
(C) The entire surface
area of the pad must be designed to maintain its structural and hydraulic
integrity against loads resulting from feedstock and digestate storage,
machinery used for feedstock handling, and against surface wear or damage
caused by feedstock and digestate handling and storage;
(D) The pad may be constructed of materials
such as concrete (with sealed joints) or asphaltic concrete that prevents
subsurface soil and groundwater contamination; and
(E) The jurisdictional health department may
allow pads to be designed and constructed with materials other than those
listed in (c)(ii)(D) of this subsection, if the applicant demonstrates in the
engineering report to the jurisdictional health department's satisfaction that
the alternative pad provides sufficient protection to meet the performance
standards of this section and of WAC
173-350-040.
(iii) The anaerobic digester
design must comply with one of the following three conditions:
(A) Design criteria in the Natural Resources
Conservation Service's Washington Conservation Practice Standard, Anaerobic
Digester Code 366 in effect October 2010, or other effective date as specified
by the department; or
(B) Surface
impoundment and tank design standards, WAC
173-350-330(4);
or
(C) Other engineered design that
the owner or operator can demonstrate meets the performance standards of WAC
173-350-040
to the jurisdictional health department's and the department's satisfaction.
Written consent from the jurisdictional health department and the department
constitutes approval.
(iv) Stormwater management features must
divert storm-water from feedstock receiving and storage areas, and from
digestate collection and storage areas. Features may include, but are not
limited to, run-on prevention systems, berms, diversion swales, ditches, and
other features;
(v) Leachate
management features may include, but are not limited to, runoff prevention
systems, leachate collection, conveyance, storage structures, and treatment
systems;
(vi) Leachate (if
applicable) must be contained or collected. Any discharges to ground that
result in contaminants migrating to groundwater require a waste discharge
permit under chapter 90.48 RCW, Water pollution control, prior to discharge.
Discharges to ground that result in degradation of groundwater quality are
prohibited under chapter 90.48 RCW, Water pollution control. Any discharge to
sanitary sewer requires additional permitting by the local delegated authority
or department;
(vii) Leachate ponds
or tanks, or digestate liquid storage in ponds or tanks must meet one of the
following conditions:
(A) Ponds must meet
Natural Resources Conservation Service Standard for a waste storage facility in
the 2001 Washington Field Office Technical Guide 313 (revised
June 2011); or
(B) Ponds must have
a liner consisting of a minimum 30-mil thickness geomembrane on a subgrade that
provides sufficient bearing capacity to support the liner and the contents of
the pond. A liner constructed with a high density polyethylene geomembrane must
be at least 60-mil thick to allow for proper welding; and
(I) Have dikes and slopes designed to
maintain their structural integrity under conditions of a leaking liner and
capable of withstanding erosion from wave action, overfilling, or
precipitation; and
(II) Have
freeboard (distance between the liquid level and the top of the pond) equal to
or greater than eighteen inches to avoid overtopping from wave action,
overfilling, or precipitation. The jurisdictional health department may reduce
the freeboard requirement if other engineering controls are in place that
prevent overtopping. These engineering controls must be specified during the
permitting process; or
(C) The jurisdictional health department may
approve the use of an alternative liner design if the owner or operator can
demonstrate during the permitting process that the proposed design will prevent
migration of solid waste constituents or leachate into the ground or surface
waters at least as effectively as the liners described in this subsection; or
(D) Tanks used to store leachate
or digestate liquid must meet design standards in WAC
173-350-330(4)(b).
(viii) Leachate ponds and
digestate liquid storage that have the potential to impound more than 10-acre
feet (three million two hundred fifty-nine thousand gallons) of liquid measured
from the top of the dike and that would be released by a failure of the
containment dike must be reviewed and approved by the department's dam safety
section.
(5)
Anaerobic digesters - Permit requirements - Documentation.
Facilities must not start operation until the jurisdictional health department
has determined that the construction was completed in accordance with the
approved engineering report, plans, and specifications and has approved the
construction documentation in writing and issued a permit. Within thirty days
of completing construction, the owner or operator of an anaerobic digestion
facility must provide the following materials to the jurisdictional health
department and the department:
(a) Copies of
the construction record drawing for engineered features at the facility;
and
(b) A report documenting
facility construction, including the results of observations and testing
carried out as part of the construction quality assurance plan.
(6)
Anaerobic digesters -
Permit requirements -Operating. The owner or operator of an anaerobic
digester must operate in compliance with the performance standards of WAC
173-350-040
or Natural Resource Conservation Service Practice Standard Code 366 as
applicable, and:
(a) Operate the facility to:
(i) Control air contaminants, such as dust
and nuisance odors, to prevent these and other contaminants from migrating
beyond property boundaries;
(ii)
Prevent the attraction of vectors;
(iii) Prevent the migration of agricultural
pests identified by the local horticultural pest and disease control boards as
applicable;
(iv) Confine organic
materials prior to and after processing to specifically designated areas,
meeting the applicable standards of this section;
(v) Ensure that dangerous waste is not
accepted, treated, or stored;
(vi)
Ensure the facility operates under the supervision and control of a properly
trained individual during hours of operation when facility staffing is
required;
(vii) Ensure facility
employees are trained in appropriate facility operations, maintenance
procedures, and safety and emergency procedures according to individual job
duties and according to an approved plan of operation; and
(viii) Restrict access to the facility when
the facility is closed.
(b) Inspect the facility to prevent
malfunctions and deterioration, operator errors, and discharges that may lead
to the release of wastes to the environment or cause a threat to human health.
The owner or operator must conduct these inspections as needed, but at least
weekly, unless an alternate schedule is approved by the jurisdictional health
department as part of the permitting process.
(c) Maintain operating records of the
following:
(i) Process monitoring data as
described in the plan of operation;
(ii) The quantity in gallons or cubic yards,
and types of feedstocks received;
(iii) Results of analysis for digestate that
is sold or distributed, according to subsection (5)(e) of this section;
and
(iv) Facility inspection
reports. Significant deviations from the plan of operation must be noted in the
operating record. Records must be kept for a minimum of five years and must be
available upon request by the jurisdictional health department.
(d) Prepare and submit an annual
report to the jurisdictional health department and the department by April 1st
of each calendar year for activities during the previous calendar year. Annual
reports must be submitted on forms provided by the department and must include:
(i) Annual quantity and type of feedstocks
received;
(ii) Annual quantity of
digestate distributed if applicable;
(iii) Annual summary of digestate analysis as
applicable, if digestate is distributed off-site; and
(iv) Any additional information required by
the department or the jurisdictional health department.
(e) If distributing digestate (solids,
semi-solids, or liquids) off-site, produce and manage the product so that it
does not harm human health or the environment; and:
(i) Test representative samples of digestate
solids every 5,000 cubic yards to demonstrate it meets compost quality
standards in WAC
173-350-220(6)
(Table 220-B). An alternate testing frequency may be required or approved by
the jurisdictional health department; or
(ii) Ensure digestate meets the conditions
for a commercial fertilizer as applicable in chapter 15.54 RCW, Fertilizers,
minerals, and limes; or
(iii) Send
digestate to a permitted compost facility for further processing; or
(iv) Land apply digestate in accordance with
WAC
173-350-230,
Land application; or
(v) Use
digestate in accordance with WAC
173-350-200,
Beneficial use permit exemption; or
(vi) Apply digestate on agricultural lands at
agronomic rates in accordance with a dairy nutrient management plan or a
nutrient management plan; or
(vii)
Manage digestate in an alternate manner as approved by the jurisdictional
health department and the department.
(f) Develop, keep, and follow a plan of
operation approved as part of the permitting process. The plan must describe
the facility's operation and must convey to site operating personnel the
concept of operation intended by the facility designer. The plan of operation
must be kept on-site and available for inspection at the request of the
jurisdictional health department. When necessary, the plan must be modified
with the approval, or at the direction of the jurisdictional health department.
Each plan of operation must include the following:
(i) A description of the types of feedstocks
to be handled at the facility. Feedstocks must be approved by the department or
jurisdictional health department;
(ii) Procedures for ensuring that only
feedstocks described will be accepted;
(iii) Procedures for handling unacceptable
wastes;
(iv) A plan for processing
digestate to meet the requirements of (e) of this subsection, if distributing
digestate off-site;
(v) A nutrient
management plan for agricultural lands and farm lands (as described in
RCW
84.34.020 ) if using digestate
on-site;
(vi) A description of how
facility staff will be appropriately trained;
(vii) A calculation of monthly processing
capacity based on maximum volume (cubic yards or gallons) of all materials
on-site at any one time. All materials on-site include feedstocks, digesting
materials and digestate;
(viii) A
material flow plan describing general procedures to manage all materials
on-site. All materials on-site include incoming feedstock, digesting materials,
and digestate;
(ix) An odor
management plan including, but not limited to, the following components:
(A) Methods for treating emissions to reduce
odors, if any;
(B) A community
relations plan to address odor issues should they arise; and
(C) A description of facility and operational
improvements that could be made, if nuisance odors are identified beyond the
facility's property boundary, as determined by the jurisdictional health
department, the department, or the permitting air authority. The description of
operational improvements must address feedstock receiving, processing, and
digestate storage areas of the facility.
(x) A description of how equipment,
structures, and other systems will be inspected and maintained, including
frequency of inspection and inspection logs. This description must include, but
is not limited to:
(A) The groundwater
monitoring system, if required;
(B)
The overfilling prevention equipment, including details of filling and emptying
techniques; and
(C) The liners of
surface impoundments and tanks, tank piping, and secondary containment, as
applicable.
(xi) Safety,
fire, and emergency plans including a spill prevention/response plan;
(xii) The forms used to record volumes (in
cubic yards or gallons) of accepted feedstocks; and
(xiii) Other details to demonstrate that the
facility is operated in accordance with this chapter and as required by the
jurisdictional health department.
(7)
Anaerobic digesters - Permit
requirements - Groundwater monitoring. There are no specific groundwater
monitoring requirements for anaerobic digestion facilities subject to this
chapter; however, anaerobic digestion facilities must meet the performance
standards of WAC
173-350-040.
(8)
Anaerobic digesters - Permit
requirements -Closure. The owner or operator of an anaerobic digester
facility must:
(a) Develop, keep, and follow
a closure plan approved by the jurisdictional health department as part of the
permitting process. At a minimum, the closure plan must include removing all
organic materials, including digestate, from the facility. For planning
purposes, assume the facility is at full permitted site capacity when it is
closed; and
(b) Notify the
jurisdictional health department sixty days in advance of closure. At closure,
the facility is financially responsible for the removal of all organic
materials including, but not limited to, raw or partially digested feedstocks,
and digestate from the facility. The materials must be sent to another facility
that complies with the applicable regulations for handling the waste.
(9)
Anaerobic
digesters - Permit requirements Financial assurance. There are no
specific financial assurance requirements for anaerobic digestion facilities
subject to this chapter; however, anaerobic digestion facilities must meet the
performance standards of WAC
173-350-040.
(10)
Anaerobic digesters - Permit
requirements - Permit application contents. The owner or operator of an
anaerobic digestion facility not exempt under subsection (2) of this section
must obtain a solid waste permit from the jurisdictional health department. All
applications for permits must be in accordance with the procedures established
in WAC
173-350-710.
In addition to the requirements of WAC
173-350-710
and
173-350-715,
each permit application must contain:
(a)
Engineering reports, plans, and specifications that address the design
standards of subsections (4) and (5) of this section;
(b) A plan of operation that addresses the
requirements of subsection (6) of this section; and
(c) A closure plan meeting the requirements
of subsection (8) of this section.
Statutory Authority:
RCW
70.95.020(3),
70.95.060(1),
70.95.260(6),
70.95.305,
70.95.330. 13-08-016 (Order
10-06), § 173-350-250, filed 3/25/13, effective
4/25/13.