Greg KesterGreg Kester

Biosolids Program ManagerBiosolids Program Manager

gkester@casaweb.orggkester@casaweb.org

SCAP Biosolids Committee

Ordinance UpdateOrdinance Update Solano County – BOS meeting TuesSolano County – BOS meeting Tues

• Very reasonable overallVery reasonable overall• Still allow Class B application but must Still allow Class B application but must

divert portion of production to Class A, divert portion of production to Class A, energy, or ADCenergy, or ADC

San Luis Obispo – Considering if EIR is San Luis Obispo – Considering if EIR is necessary and if funds availablenecessary and if funds available• Unreasonable – limits applicationUnreasonable – limits application• Only EQ; Permit if >5CYOnly EQ; Permit if >5CY

Ordinance UpdateOrdinance Update Kern Litigation – PI issued June Kern Litigation – PI issued June

20112011

County is appealing the PICounty is appealing the PI

County recently filed reply briefCounty recently filed reply brief

Now wait for Court to set time Now wait for Court to set time for oral arguments – could be for oral arguments – could be several monthsseveral months

CalRecycle Jurisdictional Issue CalRecycle Jurisdictional Issue

Organic waste into AD is increasingOrganic waste into AD is increasing

Supported by CEC, CPUC, SWRCB, Supported by CEC, CPUC, SWRCB, and CalRecycleand CalRecycle

Renewable energy mandatesRenewable energy mandates• 33% by 202033% by 2020

75% Recycling goal by 202075% Recycling goal by 2020

FOG/FOOD WASTE IN ADFOG/FOOD WASTE IN AD Sept ‘09 CalRecycle publishes Sept ‘09 CalRecycle publishes

guidance document on ADguidance document on AD

Defines compost by temperature Defines compost by temperature rather than processrather than process

So AD at >122 deg F is compost and So AD at >122 deg F is compost and subject to composting regs!subject to composting regs!

AD at < 122 MAY need TS/PF PermitAD at < 122 MAY need TS/PF Permit

AD AND METHANE USE IN CA AD AND METHANE USE IN CA TS/PF permit would be at discretion TS/PF permit would be at discretion

of Local Enforcement Agency (LEA)of Local Enforcement Agency (LEA)

CASA has argued that POTWs are CASA has argued that POTWs are already regulated for this under already regulated for this under water and air permitswater and air permits

Patchquilt regulatory landscape Patchquilt regulatory landscape creates unneccesary disincentivecreates unneccesary disincentive

ISSUES WITH TS/PF PERMIT ISSUES WITH TS/PF PERMIT Oversteps legal authority of Oversteps legal authority of

CalRecycleCalRecycle

No permitting tier remotely No permitting tier remotely resembles ADresembles AD

CEQA process lengthy and expensiveCEQA process lengthy and expensive

Neighbor to SW facility plus POTWNeighbor to SW facility plus POTW

FOG/Food Waste in Digesters FOG/Food Waste in Digesters Worked closely with CalRecycle to Worked closely with CalRecycle to

understand what problem is that they understand what problem is that they perceive need to solveperceive need to solve

Numerous meetings and letters sent Numerous meetings and letters sent

Past/current Directors sympatheticPast/current Directors sympathetic

Have agreed to undergo rulemaking Have agreed to undergo rulemaking but will be lengthybut will be lengthy

FOG/Food Waste in Digesters FOG/Food Waste in Digesters Worked with SWRCB on notification Worked with SWRCB on notification

template and permit languagetemplate and permit language

Executive Director Howard sent letter Executive Director Howard sent letter on Dec 6on Dec 6

Met with Director Mortensen 12/20Met with Director Mortensen 12/20

Objective is blanket exemptionObjective is blanket exemption

FOG/Food Waste in Digesters FOG/Food Waste in Digesters CalRecycle currently working on AD CalRecycle currently working on AD

regulationsregulations

Have had numerous meetings with Have had numerous meetings with them and SWRCB them and SWRCB

Working on exclusion language..Working on exclusion language..

Still need short term solution!Still need short term solution!

CDFA Rendering RulesCDFA Rendering Rules Proposed regs in July 2010Proposed regs in July 2010

Could have considered POTWs as Could have considered POTWs as renderers if accept FOG renderers if accept FOG

CASA provided written & verbal CASA provided written & verbal commentscomments

Modified regs in Feb 2011 providedModified regs in Feb 2011 provided

exemption for POTWsexemption for POTWs

CDFA Rendering RulesCDFA Rendering Rules But revised proposal in September But revised proposal in September

2011 had removed the exemption2011 had removed the exemption

CASA again provided commentCASA again provided comment

Workshop held Oct 27Workshop held Oct 27

Broad support for exemption from all Broad support for exemption from all sectorssectors

Exemption has now been reinserted!Exemption has now been reinserted!

EPA Report on AD and Gas UseEPA Report on AD and Gas Use

Based on CWNS and thus flawed Based on CWNS and thus flawed data – In revisiondata – In revision

2007 estimated only 19% use2007 estimated only 19% use

CASA reviewed 2010 draft w/NACWACASA reviewed 2010 draft w/NACWA

Drastically undercounted AD & Drastically undercounted AD & methane use in CA – Still published!!methane use in CA – Still published!!

Response to WEF RFP Response to WEF RFP National effort to quantify AD and National effort to quantify AD and

methane usemethane use

Responded along with Regional Responded along with Regional Biosolids Assn’s; NACWA; BioCycle, Biosolids Assn’s; NACWA; BioCycle, consultants; othersconsultants; others

Will provide much needed Will provide much needed information on renewable energyinformation on renewable energy

CalRecycle 75% Recycle PlanCalRecycle 75% Recycle Plan AB 341 set Goal to Recycle 75% of AB 341 set Goal to Recycle 75% of

solid waste in state by 2020solid waste in state by 2020

CalRecycle issued preliminary plan CalRecycle issued preliminary plan for “discussion purposes” to meet for “discussion purposes” to meet goalgoal

Calls for end of diversion credit for Calls for end of diversion credit for ADCADC

Calls for ban on organics in landfillsCalls for ban on organics in landfills

CalRecycle 75% Recycle PlanCalRecycle 75% Recycle Plan CASA, LACSD, EBMUD, SFPUC , CASA, LACSD, EBMUD, SFPUC ,

others provided commentsothers provided comments

Must have alternative options Must have alternative options available before banning anythingavailable before banning anything

Infrastructure and markets need Infrastructure and markets need developmentdevelopment

Philosophical disconnect on value of Philosophical disconnect on value of ADCADC

USEPA OECA Plans to Disinvest USEPA OECA Plans to Disinvest Office of Enforcement and Office of Enforcement and

Compliance Assurance Released its Compliance Assurance Released its National Program Plan for FY 13National Program Plan for FY 13

Calls for complete disinvestment Calls for complete disinvestment from Biosolidsfrom Biosolids

Will create petri dish for oppositionWill create petri dish for opposition

Wrote letter for reconsideration to Wrote letter for reconsideration to ADM Jackson – to no avail ADM Jackson – to no avail

USEPA Mtg During DC Conf USEPA Mtg During DC Conf CASA members met with key officialsCASA members met with key officials

from 9 different Officesfrom 9 different Offices

Risk assessment continues along Risk assessment continues along with research (w/WERF) on TOrCswith research (w/WERF) on TOrCs

Considering modifications to 503 but Considering modifications to 503 but no timetable – would require inputno timetable – would require input

Fear for loss of expertise from retm’t Fear for loss of expertise from retm’t

Market Technology SummitMarket Technology Summit Sponsored by EPA with DOE, others Sponsored by EPA with DOE, others

in DC in Mayin DC in May

Biogas from Anaerobic Digestion Biogas from Anaerobic Digestion

CASA invited to summit to identify CASA invited to summit to identify markets for which Technology is markets for which Technology is neededneeded

Emission limit compliance is one Emission limit compliance is one market to advance market to advance

UC Davis Groundwater ReportUC Davis Groundwater Report Drs. Harter and Lund released report Drs. Harter and Lund released report

on sources and solutions of GW on sources and solutions of GW impactsimpacts

Unfortunately blamed biosolids land Unfortunately blamed biosolids land application as a source – no application as a source – no monitoring but flawed assumptionsmonitoring but flawed assumptions

SWRCB workshop May 23 to get SWRCB workshop May 23 to get public input on report and path fwd public input on report and path fwd