DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Air Quality. Compliance Strategy for Mushroom Composting Operations
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1 DOCUMENT NUMBER: DEPARTMENT OF ENVIRONMENTAL PROTECTION Bureau of Air Quality TITLE: Compliance Strategy for Mushroom Composting Operations AUTHORITY: Air Pollution Control Act (35 P.S. Section 4001 et seq.) and Solid Waste Management Act POLICY: This guidance document will help to clarify the exemption of commercial production, processing or storage of compost as pertaining to the Air Pollution Control Act and Solid Waste Management Act. PURPOSE: The Act of amended Section 4.1 of the Air Pollution Control Act to expand the prohibition against regulating agricultural commodities to include, among others, commercial mushroom production and the production of mushroom compost. The odor from these operations has been the focus of numerous public complaints to Waste Management and Air Quality personnel especially in the Southeast Region. Since public concern regarding this matter was running high, the Regional staff requested guidance on how to interpret and implement the 1996 amendment. This guidance does not implement any new or different regulatory requirements but gives the Regional staff the needed guidance to address complaints APPLICABILITY: This guidance applies to all producers of mushrooms and mushroom compost. DISCLAIMER: The policies and procedures outlined in this guidance document are intended to supplement existing requirements. Nothing in the policies or procedures shall affect more stringent regulatory requirements. The policies and procedures herein are not an adjudication or a regulation. There is no intent on the part of the Department to give these rules that weight or deference. This document establishes the framework, within which DEP will exercise its administrative discretion in the future. DEP reserves the discretion to deviate from this policy statement if circumstances warrant. PAGE LENGTH: 5 LOCATION: Volume - 2, Tab Number - 35 DEFINITIONS: None / January 7, 2000 / Page 1
2 TECHNICAL GUIDANCE: On December 18, 1996, Governor Ridge signed Act which includes amendments to Section 4.1 of the Air Pollution Control Act, Act of July 8, 1960, P.L (1959), No. 787 (APCA) concerning the prohibition against adoption of agricultural regulations. The Act of provides that the Air Pollution Control Act shall not apply to the production of agricultural commodities, except as required by the Federal Clean Air Act and regulations adopted thereunder. The APCA continues to prohibit the Environmental Quality Board from adopting rules and regulations relating to air contaminants and air pollution arising from the production of agricultural commodities. See 35 P.S (a). This guidance document addresses the applicability of Section 4.1 of the APCA to the production, processing or storage of compost. In addition, this guidance document explains how the agricultural exemption in the APCA interfaces with the requirements of the Solid Waste Management Act (SWMA), Act of July 7, 1980, P.L. 380, No 97, as amended, the Residual Waste Regulations and the Best Practices for Environmental Protection in the Mushroom Farm Community manual (hereinafter referred to as Mushroom Manual ). See Policy Document number The document also describes how the Department of Environmental Protection ( Department or DEP ) will implement the appropriate Air Quality and Waste Management requirements when dealing with the mushroom composting industry. AIR QUALITY GUIDANCE Section 4.1 of the APCA now applies broadly to the production of agricultural commodities. The production of agricultural commodities includes the commercial propagation, production, harvesting or drying on the premises of the farm operation or the disposal of residual materials resulting from the commercial propagation, production harvesting or drying on the premises of the farm operation. The production of agricultural commodities includes the following commodities identified in (b)(1)(i)-(vii) of the APCA: (i) Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans. (ii) Fruits, including apples, peaches, grapes, cherries and berries. (iii) Vegetables, including tomatoes, snap beans, cabbage, carrots, beets, onions, mushrooms, sweet corn and green peas. (iv) Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers. (v) Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, furbearing animals, milk, eggs and furs. (vi) Timber, wood and other wood products derived from trees. (vii) Aquatic plants and animals and their byproducts. Agricultural activities related to the commercial propagation, production, harvesting, processing, or drying of the commodities identified above must occur on the premises of the farm operation in order to qualify for the agricultural exemption. The production of agricultural commodities also includes the commercial production, processing or storage of compost (except for compost including all or any biosolids originating from a municipal sewage treatment facility) used predominantly in the production of any agricultural commodity identified in the act. See 35 P.S (b)(3). The compost may be produced, processed or stored on premises other than the premises of / January 7, 2000 / Page 2
3 the farm operation. That being the case, compost is the only agricultural commodity that can be commercially produced, processed or stored at locations other than the premises of the farm operation. In order for composting operations to qualify for the agricultural exemption, the compost must be used predominantly for the production of agricultural commodities. Since the APCA does not define predominantly, use of the dictionary definition, for the most part or mainly. is appropriate. See Webster s Ninth New College Dictionary. If the compost is not used mainly for the commercial production, propagation, harvesting, drying or processing of agricultural commodities, the agricultural exemption does not apply. The 1996 amendments to the APCA require the Department to regulate composting operations which use biosolids originating at a municipal sewage treatment facility because compost that contains any biosolids from municipal sewage treatment facilities is excluded from the production of agricultural commodities definition. See (b)(3). If a sewage sludge composting operation fails to comply with applicable air quality requirements, the Department will initiate appropriate enforcement action. Because the exemption for composting operations is linked to the ultimate use of compost, a determination of uses and the relative allocation between the production of agricultural commodities and uses other than the production of agricultural commodities must be ascertained in order to determine if a process is exempt from regulation under the APCA. Owners/operators of composting operations must comply with air quality statutory and regulatory requirements if the compost or its residual materials are not used, for the most part, to produce the previously described agricultural commodities. The origin of biosolids used in composting operations must also be determined since compost which includes biosolids from a municipal sewage treatment facility is not covered by the agricultural exemption. The requirements of the Air Pollution Control Act and its implementing regulations apply to composting operations that dry or package spent mushroom substrate for residential use. Spent mushroom substrate is a residual material or agricultural waste derived from the commercial propagation, production or harvesting of mushrooms. However, the spent mushroom substrate is subject to air quality regulations if the substrate is not used mainly to produce an agricultural commodity. In addition, the distribution, retail sale or use of spent mushroom substrate as a soil substitute, soil conditioner, soil amendment or potting soil will be subject to air quality regulations if the spent substrate is not processed and distributed mainly for the production of agricultural commodities. The agricultural exemption applies in situations where the compost or spent substrate that is used predominantly for the production of an agricultural commodity and a small portion marketed and distributed for purposes other than the production of an agricultural commodities. The processing or composting of the spent substrate is not subject to regulation under the APCA if the compost, soil amendment or soil conditioner produced from the spent substrate is predominantly used to produce any of the agricultural commodities identified in the act.. Consequently, the active or passive composting of spent mushroom substrate that has been transferred to a spent mushroom substrate transfer facility or from the premises of a farm operation to the premises of a different farming operation is not subject to air quality regulations if the compost is ultimately used in the production of agricultural commodities. Except for biosolids from sewage sludge, an exemption from air quality requirements is also provided for any composting material used in the commercial production, processing or storage of agricultural commodities. Any odors, malodors or fugitive emissions resulting from the production, processing or storage of compost would not be subject to regulation if the compost or residual material is used predominantly for the production of / January 7, 2000 / Page 3
4 agricultural commodities. See (b)(4). Whenever the Department determines that all agricultural operations at a facility are exempt, the requirements of the APCA and regulations adopted under the act do not apply. Consequently, the Bureau of Air Quality will not initiate any action under the APCA to require the issuance of plan approvals or operating permits for those agricultural activities nor will the Bureau require any odor abatement actions to be initiated. As previously stated, the exemption does not apply where spent mushroom substrate is dried and packaged solely for residential purposes or for the distribution, retail sale or use of spent mushroom substrate as a soil substitute, soil conditioner, soil amendment or potting soil unless a major portion of the spent substrate is used in the production of agricultural commodities. If the Department determines that only a portion of an agricultural operation is covered by the exemption, the non-exempt sources or agricultural activities must comply with all applicable requirements including the malodor, fugitive emission, and permitting requirements in 25 Pa. Code Article III. In order to determine if odors from agricultural operations are subject to regulation, it will be necessary to determine whether the odor originates from a non-exempt source or agricultural activity. After determining the origin of the odor, DEP must determine if the odors meet existing malodor criteria. Malodors must cause annoyance or discomfort to the public and be determined by DEP to be objectionable. See 25 Pa.Code (relating to definitions). If the Department can not determine whether the origin of the odor is solely from a non-exempt activity, material or air contamination source, the Department will exercise its enforcement discretion. In summary, the production of agricultural commodities (including compost), is exempt from the requirements of the APCA and its implementing regulations, except as required by the Federal Clean Air Act. The production of agricultural commodities such as field crops, fruits, vegetables, horticultural specialties and livestock must occur on the premises of the farm operation in order to be covered by the exemption. The commercial production, processing or storage of compost may occur at locations other than the premises of a farm operation. However the composting exemption only applies if the compost is used, for the most part, to produce the agricultural commodities and the compost does not contain biosolids originating from municipal sewage treatment facilities. WASTE MANAGEMENT The SWMA defines three types of solid waste: municipal, residual, and hazardous. The definition of residual waste includes refuse, other discarded material and other wastes resulting from industrial, mining and agricultural operations. Section 301 of the SWMA requires a permit prior to owning or operating a residual waste processing or disposal facility. However, Section 501 of the SWMA provides an exemption for agricultural wastes produced in the course of normal farming operations. A normal farming operation is the customary and generally accepted practice engaged in by farms for agricultural production provided that such practice does not cause pollution to the air, water or other natural resources of the Commonwealth. In addition, a normal farming operation includes the management, collection, storage, transportation, use, or disposal of agricultural waste on land where such materials will improve the condition of the soil, the growth of crops, or in the restoration of the land for the same purposes. Facilities producing substrate solely for mushroom farming purposes, and spent mushroom substrate processing (including composting) facilities located on a farm, can be considered normal farming operations provided they / January 7, 2000 / Page 4
5 do not cause pollution to the air, water or other natural resources of the Commonwealth, and the use or disposal of any waste or other material generated by the operations takes place on farms or through a coproduct determination. The Department has published a manual, Best Practices for Environmental Protection in the Mushroom Farm Community (Mushroom Manual), which identifies best management practices to minimize and control nuisances from mushroom farming operations. By controlling and minimizing nuisances through following the best management practices outlined in the Mushroom Manual or other best management practices approved by the Department, the facility producing mushroom substrate, and spent mushroom substrate processing facilities located on a farm, will not be required to obtain a waste management permit. If the Department receives and verifies complaints concerning odors or other nuisances from mushroom farming activities where best management practices are not implemented, the Department will request that the operator submit a plan and schedule to comply with the Mushroom Manual or propose other best management practices to minimize and control nuisances with a schedule to implement those practices. If a person fails to implement best management practices the Department may require the operator to apply for a permit and may require compliance with the land application, composting and storage operating requirements of Chapter 291 (relating to the land application of residual waste,) Chapter 295 (relating to composting facilities for residual waste ) and Chapter 299 (relating to storage and transportation of residual waste). If the Department receives and verifies complaints concerning odors or other nuisances from mushroom farming activities where best management practices have been implemented, the Department and the operator will meet to discuss the complaint and to determine whether it is possible and practicable to take additional steps to minimize and control nuisances / January 7, 2000 / Page 5
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