Rule Development WAC 173-350, Solid Waste Handling Standards

Composting in Washington

Ecology supports composting and organics management efforts that protect public health, safety and natural resources. Managed properly, composting keeps organics out of landfills and turns a waste into a viable product that is beneficial to businesses, residents, soil, air and water. When sent to landfills, organics are the leading cause of green house gas emissions from landfills and represent over 30% of the total solid waste stream in Washington.

Ecology wants to ensure that composting improves in the state. The goal with this rule update is to ensure that rules for composting help facilities process materials and produce a product that protects human health and the environment. In turn, good composting practices encourage economic vitality for composting-related businesses and communities.

WAC 173-350 Compost-Related Rule-Making Status Update - September 2011

Based on feedback Ecology received in the March 2011 public meetings and informal comment period, Ecology is developing rule amendments, including approaches to address odors. The scope of the WAC 173-350 rule amendments includes:

• Add the anaerobic digester exemption from RCW 70.95.330; consider adding a section for anaerobic digester facilities that do not meet the exemption from RCW 70.95.330.
• Explore additional exemptions to recover/recycle more organic materials.
• Address the regulation of composting odors within Ecology's delegated solid waste management - reduction and recycling authority.
• Eliminate duplicative record keeping and reporting requirements.
• Clarify existing rule language, process and control requirements, permitting exemptions, and definitions.
• Ensure consistency with other compost-related rules, laws and policy decisions.
• Address other issues such as definitions of feedstock types related to section -220, Composting Facilities.

Timeline and Next Steps

Draft rule language will be available for informal review in winter 2012. In response to public requests, Ecology commissioned air emission studies at several Washington compost facilities in June 2011. To give Ecology time to consider new information about odor sources, the release of draft rule language has been pushed back from summer 2011. We will notify you when the draft rule is open for comment.

Rule Milestones and Timeline

CR-101 Filed: Pre-proposal Statement of Inquiry	May 2010
Informal comment period #1: Issue Identification (Sept. - Nov. 2010) Ecology Issues Document (October 2010)	September 30 - November 15, 2010
Public meetings on composting-related issues March 16 (Everett) and March 22 (Yakima with video conference in Spokane and Olympia)	March 2011
Informal comment period #2: Draft rule language available for review Draft Rule March 2012 Public Notice and Requested Feedback Summary of Draft Amendments	March 14 - 28, 2012
CR-102 Filed: Proposed Rule & Public Hearings * preliminary cost benefit analysis (CBA, SBEIS)	* June - July 2012
CR-103 Filed: Rule-Making Order	TBD
Effective date of rule (after filing CR 103)	+31 days

Public Involvement

How can I get involved and be heard? Ecology encourages interested persons to attend public meetings and/or submit comments throughout the rule-making process. Contact information is listed in the right margin.

• Sign up for email notifications (ListServ) to received updates about rule development
• Public Meetings: Agendas, Notes, Meeting Location/Date/Time

What portions of WAC 173-350 are delayed?

Ecology will delay portions of rule-making unrelated to composting in WAC 173-350, including:

• Clarifying definitions related to product take back centers, Moderate Risk Waste handling, and household hazardous waste provisions.
• Evaluating solid waste requirements related to soil, sediments and other earthen materials.
• Updating other sections of the rule, such as land application, recycling, energy recovery and incineration, waste tires, intermediate solid waste handling facilities, and landfills.
• Moving sections of chapter 173-345 WAC, Recyclable Materials - Transporter and Facility Requirements to chapter 173-350 WAC, Solid Waste Handling Standards.
• Addressing other issues throughout the rule not related to composting, such as providing clarifications, making formatting changes, and ensuring that the rule is consistent with other rules, laws and policy decisions.

Ecology's rule-making decisions for 2011

Director Sturdevant announced March 1, 2011 that Ecology will proceed with rule development related to composting in WAC 173-350. This was previously on Ecology's to-be-determined list for rule-making in 2011 based on the Governor's Executive Order 10-06. After considering the input we received from those interested in this rule, and reviewing the OFM exemption criteria, Ecology determined that it is critical to move forward with this rule-making at this time (exemption criteria 3(e)).

Ecology has updated the agency website to reflect the WAC 173-350 rule-making status change. You can find more information related to Ecology's rule-making and the Governor's Executive Order suspending non-critical rules.