S&mp jul aug '15 final r

July / August 2015

Vol. IX No. 4

Serving Soil, Mulch, Compost & Wood Pellet Producers www.SoilandMulchProducerNews.com

NEWS

Attention Readers !

Are you looking for Products, Equipment or Services for your business? If so, please check out these leading companies advertised in this issue: Bagging / Wrapping Systems Amadas Industries – pg 10 PremierTech Chronos – pg 5

Buildings & covers ClearSpan – pg 3

Compost Equipment/spreaders Ecolawn Applicator – pg 20 HCL Machine Works – pg 20

erosion control JRM Chemical – pg 13

Mulch Coloring Equipment/ Colorants AgriCoatings – pg 23 Amerimulch – pg 8 BASF / Colorbiotics – pg 17 CMC – pg 12

Shredders, Grinders, Chippers & Screening Systems Bandit Industries– pg 11 CW Mill Equip. Co. – pg 14 Diamond Z – pg 19 Ecoverse – pg 24 Komptech USA – Insert Morbark Inc – pg 2 Neuenhauser – pg 6 Peterson – pg 15 Premier Tech Chronos – pg 5 Rawlings – pg 20 Rotochopper Inc – pg 7 Screen Machine Industries – pg 9 Sundance Grinders – pg 20 West Salem Machinery – pg 16

Trommel Brushes

United Rotary Brush Corp – pg 20

TRUCKS & TRAILERS J&J Truck Bodies – pg 14

Legal Delays Don’t Mitigate Concerns Over Clean Water Rule

T

By Ken McEntee

he new “Clean Water Rule” defining the “Waters of the United States” (WOTUS) purportedly is intended to clarify enforcement of the federal Clean Water Act (CWA). Instead, many observers say the new rule, which is set to take effect on August 28, has further muddied the waters, creating new vagaries that can stifle even simple plans of businesses and landowners.

The rule, created by the U.S. EPA and the Army Corps of Engineers, was published in the Federal Register on June 29.

“This rule presents a big problem for anybody who wants to make changes to their property,” said Robert LaGasse, executive director of the Mulch and Soil Council, the national trade association that represents producers of horticultural mulches, consumer potting soils and commercial growing media. “Under this rule, making changes to your property is going to require a lot more investigation and engineering to be sure that you’re not going to be in violation of some law. If you have to make corrections to your land in a hurry, you are jumping out of the frying pan and into the fire. The rules are so vague that you might get one answer from one regulator and a completely different answer from another regulator.”

And the penalty for a violation – even an ambiguous one - can be severe: As much as $37,500 per day, and/or criminal prosecution, according to M. Reed Hopper, principal attorney with the Pacific Legal Foundation (PLF), a

Sacramento, Calif.-based public interest legal organization. In July, PLF, on behalf of a variety of landowners and organizations, filed the first lawsuit against the Obama administration to block implementation of the new rule. More than 10 more suits have already followed across the country, and many others are anticipated.

“The rule,” Hopper said, “is illegal and unconstitutional because it sets no limit on the CWA’s reach, while explicitly expanding it to waters that the Supreme Court has already ruled to be off-limits to federal control. This new regulation is an open-ended license for federal bureaucrats to assert control over nearly all of the nation’s water, and much of the property, from coast to coast.”

Previously, the CWA provided EPA jurisdiction over navigable waters. The new rule would extend that jurisdiction to such waters as Prairie potholes, Carolina and Delmarva bays, pocosins, western vernal pools in California, and Texas coastal prairie wetlands. The presence of those water bodies on a property generally could give EPA authority over that land.

Fortunately, said Jay Lehr, science director for the Heartland Institute, a Chicago-based research organization, a barrage of lawsuits, injunctions and acts of Congress is likely to block the new regulations from going into effect.

“I think this will be in the courts for years,” said Lehr, the nation’s first Ph.D. in groundwater hydrology who was among the first advocates Continued on page 3

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Legal Delays Don’t Mitigate Concerns Over Clean Water Rule Continued from page 1

for the creation of the EPA almost 50 years ago. “With all of the various filers from multiple states and organizations, I can’t imagine that they will have trouble finding judges at the right levels who will place injunctions against the carrying out of this law. If we get lucky and we get a new administration we could put an end to this very quickly. Just about anybody who can get elected on the republican side I think would end it. Even Hillary Clinton may not want to unleash the EPA quite as unreasonably as Barack Obama as a mechanism to reduce the capability of our country.”

Despite his optimism that the new rule, as written, will never take effect, Lehr says business owners should stay informed and proactively fight against it.

“Land and business owners should not be too comfortable about this being shot down,” he said. “I think people are better off being nervous and therefore activated. I would like to see people put their nervousness to use by contacting their representatives. We can’t afford to be passive. If everybody sits back and does nothing, we could end up in a world of hurt.”

What’s the problem?

P

resently, through the Clean Water Act, EPA may regulate all navigable waters of the nation. The new rule extends that regulatory power to non-navigable waters – some of which are small and often unconnected to navigable water.

“The rule expressly excludes puddles,” Hopper said. “But it does include Prairie potholes and vernal pools which have the appearance of puddles. It also provides that water within a 100-year floodplain, or water within 4,000 feet of a tributary may be under EPA jurisdiction.”

Whether or not EPA could regulate such water would be determined on a case-by-case basis under the “significant nexus standard.”

Significant nexus refers to whether a body of water has, or reasonably could make a connection to navigable waters.

“This is no small thing,” Hopper said. “If this goes into effect, trying to do almost anything on land where any water runs would require you to go through a federal approval process.

Basically, if you are within 4,000 feet of a stream and you are going to disturb the land, you will need a federal permit and the cost is prohibitive.

On average it would be $170,000 and it would take a couple years to process.”

The vagueness of the 85,000-word rule, Hopper said, is equally problematic.

“If you have wet spots on a property within EPA jurisdiction, and you want to know whether you can do anything on that property, a prudent lawyer is going to tell you that if your situation is not expressly excluded in the rule, that you

should get a determination from the Corps of Engineers,” he said. “That creates another problem because up to now the courts have said that if you disagree with that determination you have no right to challenge it.”

Because EPA doesn’t have the resources to enforce the new rule on everybody, LaGasse said, enforcement would likely become complaint-driven.

“It’s something that could pop up anywhere at anytime, and enforcement would be uneven,” he said.

General runoff, Hopper said, is typically excluded from regulation.

“But if it is a point source where they can point to a specific conduit as a discharge, then it is questionable,” he said. “This has come up in situations like in manure piles at a dairy. The agency has gone both ways on this, so you’re taking your chances. That’s the problem. There is no clarity.”

Lehr calls the rule “shear insanity.”

“I have been involved in this since day one and I have yet to find a single human not connected with an environmental activist organization who thinks this makes sense” he said. “It isn’t about clean water. It’s about the EPA taking over every stitch of land with water on it that they possibly can.”

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Impact on compost & mulch

T

he U.S. Composting Council, the national trade association that represents compost producers, isn’t concerned about the new rule, according to Cary Oshins, director of education for the organization.

“I don’t think this will make much of a difference for compost sites,” Oshins said. “This rule really just refines the definition of waters of the U.S. We are already strong proponents of using best management practices for storm water and contact water management. Since the rule encourages the use of green infrastructure, which is a strong and growing market for compost, this is overall a good rule change.”

Will Bakx, founder of Sonoma Compost Co., in Petaluma, Calif., disagrees.

“I don’t feel so comfortable about it,” said Bakx, vice chair of the California Organic Recycling Council and an executive board member of the California Compost Coalition. “I think neighbors have been provided with another avenue to go after composting facilities.”

Bakx has first-hand knowledge about that.

In May, his 22-year-old operation was ordered permanently shut down to settle a federal water quality suit filed by a neighborhood group. The suit, which involved storm water runoff into a nearby creek, cited violations of the Clean Water Act, which regulates the discharge of any pollutant into waters of the U.S. Continued on page 8

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PUBLICATION STAFF Publisher / Editor Rick Downing Contributing Editors / Writers Ken McEntee • Todd Williams Sandy Woodthorpe Production & Layout Barb Fontanelle • Christine Pavelka Advertising Sales Rick Downing Subscription / Circulation Donna Downing Editorial, Circulation & Advertising Office 6075 Hopkins Road, Mentor, OH 44060 Ph: 440-257-6453 • Fax: 440-257-6459 Email: downassoc2@oh.rr.com Subscription information, call 440-257-6453.

Soil & Mulch Producer News is published bimonthly by Downing & Associates. Reproductions or transmission in whole or in part, without written permission of the publisher, is prohibited.

Annual subscription rate U.S. is $19.95. Outside of the U.S. add $10.00 ($29.95). Contact our main office, or mail-in the subscription form with payment. © Copyright 2015 by Downing & Associates Printed on 10% Post-Consumer Recycled Paper

July / August 2015 Soil & Mulch Producer News

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Linear Anionic Polymers –

A Major Tool in Fighting Soil Erosion

By Todd Williams

F

rom about 1930 to 1940 the Great Plains were hit by severe drought conditions exacerbated by high winds, creating the infamous “Dustbowl” of John Steinbeck fame. One hundred million acres in Texas, Oklahoma, New Mexico, Colorado and Kansas were laid waste, losing up to 75 % of their topsoil, in turn affecting the lives of hundreds of thousands of people and forcing a human migration that the United States had never before or since experienced.

Although induced by the drought, the “Dustbowl” event was made worse by poor farming practices, including deep plowing of virgin soil, displacing of native grasses, and the neglect in planting cover crops in order to retain soil moisture during the harsh winters. And, when it did rain, the organically depleted soil failed to retain the precious water, which washed away. Additionally, the problem increased due to the proliferation of farming technology – the use of small tractors and combines.

Through government intervention, including creation of the Soil Conservation Service and its programs, now known as the Natural Resources Conservation Service under the United States Department of Agriculture, combined with the ending of the drought, the region gradually recovered from the disaster.

Although the country has not experienced a soil calamity approaching the magnitude of the “Dustbowl,” soil erosion caused by wind and water remains an ongoing problem that soil experts insist has to be addressed by both education and technology.

The National Sustainable Agriculture Information Service notes that erosion is the greatest threat to soil productivity. Even low rates of erosion can severely damage land by reducing the water-holding capacity of a given soil and stripping away nutrients and organic matter. Soil removed by erosion contains about three times more nutrients and 1.5 to five times more organic matter than the soil that remains.

In addition, experts explain that erosion also pollutes waterways with sediment. That runoff degrades aquatic systems by decreasing stream depth and increasing turbidity, causing fish and other aquatic organisms to decline.

And wind borne erosion can be a major source of air pollution.

Educating farmers in proper cultivation and tilling techniques, crop rotation, irrigation and other methods is helping solve the problem in agriculture. And using similar techniques at construction sites, and in landscaping, addresses the issue in these non-agriculture areas.

In addition to these time-tested methods of erosion control, soil specialists have a relatively new tool in their battle against soil loss, known as polyacrylamides (PAM).

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Soil & Mulch Producer News July / August 2015

“A nation that destroys its soil destroys itself.”

– Franklin D. Roosevelt

PAM is a water soluble, long-chain synthetic polymer that acts as a strengthening agent, binding soil particles together. Synthesized from natural gas, PAM has been used for years for water treatment, food additives, suspending agents, adhesive additives, drilling fluids, oil well additives and as a pulp/paper and mining industry flocculent.

Improvements of this polymer within the last 15-20 years have enabled some manufacturers like JRM Chemical Inc., Cleveland, Ohio, to produce products that are very effective in erosion control.

JRM has been manufacturing polymers for 26 years. Starting out as a publically held corporation that owned a few patents on linear polymers for use in the medical industry, the company went private, devoting its energy to the development and manufacturing of horticultural and erosion control products.

According to Dave Czehut, vice president of RRM, linear anionic polyacrylmaides (PAM) help maintain soil structure and reduce soil erosion by up to 95 percent.

Czehut explains the basic chemistry of the product.

“The anionic or negative charge linear polymers are designed to flocculate discharge water and soil. The sodium breaks from the polymer chain once introduced to water, and becomes a negative charge. The negative charged polymer will form a bridge with the positive charged parts of the suspended solids (in the water) and form larger soil aggregates. These heavier aggregates will settle to the bottom of the discharge water. The anionic polymer bonds soil particles along the discharge channels and stops soil erosion.”

For soil applications, he adds, the polymer will bind to the soil and aggregate the soil particles. And, when the polymer is used with

hydroseeding, or as an overspray, the anionic polymer binds the hydroseeding media to the soil particles, thus stopping water and wind erosion.

According to Czehut, there are six major features and benefits in using polymers in problem areas: it reduces soil erosion, removes soil and clay particles from discharge water, eliminates colloidal (small, insoluble, nondiffusible particles) in discharge water when applied directly to the discharge ditch, improves soil by increasing soil porosity and water infiltration, reduces fertilizer and pesticide loss, improves site conditions and compliance with regulatory requirements.

In all applications for soil erosion and the treatment of discharge water, only linear anionic polymers should be used. There could be some environmental concerns if a cationic polymer is used. Anionic polymers have various molecular weights and charge densities, but a medium weight anionic polymer with a 25-35% charge density works best, Czehut explains.

“A simple jar test can be performed in the field or at our facility if there is any concern about the effectiveness of the polymer on the soil or water being treated,” he notes.

He adds that this product, called Hydrobond, can be used with any paper or wood mulch product, and unlike guar products, that form a thin film barrier and repel water, Hydrobond allows water into the mulch mix.

The product is typically applied directly into a hydroseeding tank and mixed with mulch, water and seed. It is then mechanically applied to the soil. Normally only three to five pounds of material are required to treat an acre, unlike guar, where typical rates are over 60 pounds per acre. It can be sprayed directly on the soil as an overspray and can be used to control erosion on non-traffic areas.

Continued on page 6

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July / August 2015 Soil & Mulch Producer News

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Linear Anionic Polymers – A Major Tool in Fighting Soil Erosion Continued from page 4

To treat holding ponds it can be sprayed on the water, but works better if applied at the source of the turbidity. Most of the turbid water is caused by water running down the ditches and rills that feed a pond. So by treating the head of the ditch it is easier to reduce turbidity. The treatment can be by direct application on the ditch with powders, or by using a tablet form polymer, suspended in mesh bags immersed in the water flow.

Czehut notes that 30% of his sales are to the retail horticulture market while 70% goes to the commercial market, including construction and industrial applications, as well as city, state and federal highway projects.

‘For years polymers were used by farmers because their profit margins were so slim that soil conservation was extremely important. Soil erosion in commercial and civic projects was either not understood or ignored and a lot of environmental problems happened. When water quality became a big issue and state and federal regulations were enacted, companies were forced to comply and reduce erosion. Polymers then came into play in that market,” Czehut recalls.

Kirk England, president of England Erosion, Nashville, Tennessee, is one firm that has benefited from increased scrutiny of commercial erosion problems and control over such issues.

England started his firm about two years ago after being in business with his father at Superior Seed and Supply. Before that he was a project manager for a builder, where he had to deal with construction erosion problems in site development.

“My work in construction and in seeding helped me learn about erosion control. This has become a major part of our company’s business,” he says.

England says his erosion control efforts include all the traditional erosion control products such as hydroseeding, wattles, sediment tubes, straw blankets, silt fencing, erosion control blankets, turf reinforcement mats, hardwood mulch filter socks, GeoHay and soil anchors, to name a few.

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Soil & Mulch Producer News July / August 2015

Increasingly, however, polymers are becoming a major component in his arsenal of erosion tools. He cites two major projects in the northern Tennessee where polymers were the preferred erosion control solution.

First, is the Academy Sports Distribution Warehouse project in Kirkland, TN. Here, explains England, storm water runoff in the watershed was causing silt problems in local streams near the site. To solve the problem England used mesh bags filled with polymer tablets in the runoff areas, thereby cleaning the silt from the water. The bags were positioned several hundred feet above the streams in order to treat all the runoff.

The second major project England notes is the Stream Valley residential project in Franklin, TN., where a silt laden retention pond was causing local inspection headaches for the developer. England’s team intervened by mixing polymer with water and, using hydroseeding equipment, sprayed the mixture into two, two-acre, 20-foot deep ponds. Within 24 hours, the ponds were crystal clear, says England.

“A major advantage in using polymers over some traditional means of controlling erosion is that things like waddles and straw blankets tend to wash away in heavy rains, whereas polymer bags don’t. Another advantage is saving labor costs. It takes two men about 40 minutes to install a sediment tube while it takes only one employee a minute to hang a mesh bag with polymer tablets,” he notes.

England has found a myriad of uses for polymer in his erosion projects, from hydroseeding with seed and mulch to cleaning up water that comes out of sediment retention bags. He adds, that as the number of construction projects in his areas of operation increase, so does his usage of polymers.

“In 50-60% of the major construction projects, we use polymers.

Most of the Tennessee Department of Transportation projects now specify polymers for erosion control. It is an amazing product that works on every erosion project,” England adds.

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Photo on page 4 courtesy of JRM Chemical.

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July / August 2015 Soil & Mulch Producer News

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Soil

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Legal Delays Don’t Mitigate Concerns Over Clean Water Rule

Continued from page 3

“Our situation had less to do with water quality than politics,” Bakx said. “The Clean Water Act was used as an excuse to shut us down.”

Which is precisely what concerns WOTUS opponents like Lehr and Hopper.

“The worst case scenario is the cost of fighting it legally when the EPA comes at somebody without just cause,” Lehr said.

Although Sonoma’s problems preceded the new WOTUS rule, Bakx said the new rule could make it difficult to operate a composting facility. Waste discharge requirements for compost operations, now under consideration by the California Water Boards, he said, are directly impacted by WOTUS. “Although they say otherwise, the state guidelines basically require a zero discharge facility,” Bakx said. “It will present significant costs to operators. It’s ironic, isn’t it, that there is a mandate to divert organics from the landfill, then they make it expensive to do it. If you’re in an area where landfill tipping fees are $25 a ton, how can you set up a composting facility that will cost you $50 a ton to operate?”

Implementation unlikely

L

awsuits like the one filed by PLF on behalf of the landowners, state cattlemen’s associations of California, Washington and New Mexico and others, Lehr said, will likely prevent WOTUS from ever going into effect.

“I am the world’s leading optimist, so it is not conceivable to me that this could ever become the law of the land,” he said.

Ken McEntee is editor and publisher of Composting News. (www.compostingnews.com)

Mulch & Soil Council Standards Open for Comment

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he Mulch & Soil Council (MSC) invites public comment on proposed amendments to the Uniform Voluntary Product Guidelines for Horticultural Mulches, Growing Media and Landscape Soils (UVPG). The UVPG was first adopted by Council members as an industry standard in 2003 to promote: 1. Uniform terminology and labeling that enables industry, consumers, buyers, and regulators to achieve a common understanding of mulch and soil products and product ingredients, 2. Fair and open competition in the mulch and soil industry, and 3. Standards for product performance that enable individuals to understand and choose the best product for their application.

In 2005, the voluntary guidelines became mandatory for MSC certified products but remained voluntary for the industry at large. Over the years, changes in raw materials, processing technologies and general market demand for products caused the Council to request its Standards Committee review and update the UVPG. The Standards Committee addressed several key issues and reported a draft document to amend the existing guidelines. The initial draft was submitted for review by Council members in April and a current draft is now available for review by nonmember mulch and soil producers and other green industry stakeholders.

A review copy of the proposed updated guidelines is available on the MSC website at http://www.mulchandsoilcouncil.org/certification/standards.php.

All comments must be submitted in writing by mail to the Council office at 7809 FM 179, Shallowater, TX 79363 or by emailing to info@mulchandsoilcouncil. org to be received no later than 12:00 p.m. (CDT) on July 31, 2015.

All comments will be reviewed by the MSC Standards Committee before drafting a final proposal to amend the Uniform Voluntary Product Guidelines that will be voted on by the MSC membership at their annual meeting at the Doubletree Hotel in Orlando on October 20-22, 2015.

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John Leber, Swanson Bark & Wood Products, Remembered

F

lying was John Leber’s passion so it seems appropriate to think of him leaving as he lived, flying. He took to the skies one last time on July 10, 2015, departing from Southwest Medical Center, surrounded by his devoted ground crew of family and hospital caregivers.

John was born to Albert and Irene Leber in Seattle, WA in 1944, and was the oldest of six siblings – three brothers and three sisters. He was 5.125” a lifelong learner, earning multiple degrees including a BA in accounting from St. Martins, and an MBA from the University of Portland. He was a veteran of the United States Army, having served as a Lieutenant during the Vietnam War. Upon moving to Longview, John planted his roots deep.

He was a thirty-six year member of the Longview Rotary, a member of the International Fellowship of Flying Rotarians, sat on several boards, and contributed much to the community.

John’s past business ventures include farming with his father in Kent, WA and founding a successful CPA firm in Longview. In 1994, he purchased Swanson Fuel. After changing the company name to Swanson Bark & Wood Products, Inc., John expanded the business to include 84 acres and 150 people. He always said that he was just an old farmer and that Swanson was just another way for him to play in the dirt, with really big toys.

John is survived by his wife Joy Leber, daughters Pandora, Squeek, Amy, Katie and Christina and many grandchildren.

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www.amadas.com 10 Soil & Mulch Producer News July / August 2015

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Soil

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Mulch Producer NEWS

Biomass Conflict: As Pellet Makers Profit, Do Carbon Emissions Increase?

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s markets for wood pellets heat up, disagreements are simmering over whether biomass fuels are cleaner than fossil fuels, particularly coal.

William H. Schlesinger, the former dean of Duke University’s Nicholas School of the Environment and Earth Sciences is one of nearly 100 scientists who signed a letter to the Environmental Protection Agency last year urging stricter guidelines on using biomass to generate electric power.

Meanwhile, conservationists worry that heavy logging in Southeastern states North Carolina and Georgia will damage the natural savanna, wetland and forest understory ecosystems as natural forests are destroyed and replaced by lucrative pine plantations.

“Given the need to differentiate across biomass sources and get the carbon accounting right, EPA should avoid categorical statements-whether categorically positive or negative--about the role of biomassfueled electricity when it issues the final Clean Power Plan rule,” Stashwick maintains.

Instead, the most important thing EPA can do, she continues, is put in place biomass carbon accounting rules that guide the biomass energy industry towards lower-carbon biomass sources like forest manufacturing waste that can help the U.S. achieve climate goals and steer away from high-carbon biomass sources that could exacerbate emissions from the power sector.

Government Should Follow its Own Advice

Environmentalists Warn About Harm to Southeastern United States

I

n her NRDC.org blog post, Sasha Stashwick, believes that the Oval Office, as well as much of U.S. Congress is mistaken in supporting the rapidly growing biomass industry and categorizing all biofuels as carbon neutral.

Commenting on recent White House statements, Stashwick writes, “This language conflicts with existing Environmental Protection Agency policies on biogenic CO2 and interferes with the position of states that do not apply the same policies to forest biomass as other renewable fuels like solar or wind.”

The EPA›s own independent Science Advisory Board (SAB) rejected the idea that biomass can automatically be treated as carbon neutral and concluded that EPA must differentiate across different types of biomass, Stashwick says. The SAB was created in 2011, when the EPA committed to a science-driven process for determining ways to account for carbon emissions associated with different biomass fuels.

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ajor European utilities are now burning massive amounts of wood in their power plants and Europe’s demand for wood has resulted in the proliferation of wood pellet manufacturing facilities across the Southeastern United States,” the National Resource Defense Council’s website states. With exports (mainly to Western Europe) up by 70 percent, the Southern U.S. has become the world’s largest exporter of wood pellets. U.S. exports of wood pellets doubled between 2012 and 2014, from 2 million tons to 4.4 million.

Subsidies and climate policies are expected to drive even higher increases over the next decade.

The pellet makers and their supporters say the industry will help lower greenhouse gas emissions over time, in part by giving landowners an incentive to plant still more trees.

Continued on next page

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Soil Continued from previous page “Healthy markets have contributed to a 50 percent increase in volume of trees since the 1950s, which help offset 15 percent of U.S. carbon emissions annually,” said Gretchen Schaefer, spokeswoman for the National Alliance of Forest Owners, a trade group.

But some critics say landowners and tree farmers may turn to planting the fastest growing species, such as pine, which results in monoculture that is not environmentally sound.

One pellet maker, Enviva, buys logging rights from farmers and other private holders instead of planting pine plantations. The company also makes its pellets from low-quality wood that would be wasted or sold to pulp and paper mills.

Biomass Feedstock Matters

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eanwhile, the pendulum in Washington may be starting to swing away from unquestioning support of the industry.

Stashwick points to a letter written by members of the U.S. Senate, which acknowledges that that only “biomass derived from residuals of forest products manufacturing and agriculture” enjoys undisputed recognition as carbon neutral.

“What these public statements indicate is a growing understanding that some forms of biomass fuel, for example, sawdust and chips from sawmills that would otherwise quickly decompose, have the potential to reduce carbon emissions compared to fossil fuels. These are the biomass fuels we need to focus on and we need

policies that encourage the biomass industry to source them,” she writes.

Some Washington policymakers do understand the issues, however. For instance, Virginia Congressman Don Beyer officially disagreed with the White House’s categorical remarks about biomass. Beyer notes that some types of biomass can reduce carbon emissions, while others can raise them. Beyer warned against classifying all biomass the same and noted the negative impact of such policies in Europe on markets and the environment, according to Stashwick.

Carbon Emissions Now & Future

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ome observers say pellet producers have been deceptive about the sources of wood they use, according to Derb S. Carter Jr., a Chapel Hill, N.C., attorney with the Southern Environmental Law Center, a nonprofit group.

Carter’s group investigated the types of wood Enviva uses to make pellets and then ran projections based on guidelines set by Britain’s Department of Energy and Climate Change to calculate greenhouse gas emissions over a 40-year period. According to a report done by Spatial Informatics Group that was obtained by The Washington Post, results exceeded the 285 kilograms of heat-trapping carbon dioxide for every megawatt of electricity produced.

C o n s i d e r i n g t h e h e t e rog e n e i t y i n feedstock types, sources and production methods, net biogenic carbon emissions can vary greatly. Burning whole trees and other

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Mulch Producer NEWS

large-diameter wood actually increases carbon emissions compared to coal and other fossil fuels, Stashwick says, adding that the increases can persist for anywhere from 35 to 100 years or more, depending on regional variations in climate and forest type.

“All biomass emits carbon when it’s burned, but when you burn a tree, you’ve liquidated a lot of carbon into the atmosphere and you have to wait a very long time to recapture it,” said Mary S. Booth, an ecologist and director of the Partnership for Policy Integrity, a nonprofit research organization that focuses on biomass energy. “The truth is you’ll never re-sequester all the carbon you release.”

Waste Wood – Just What Is It?

R

obert C. Abt, a professor of forestry at North Carolina State University who has extensively studied the pellet industry, acknowledged that companies and their critics often clash over what constitutes “waste” timber.

“Everyone has a reason to be vague about it,” Abt said. “It’s not necessarily scraps from a harvesting operation. It can be a tree that doesn’t have another use, in an economic sense.

It might be a tree that is perfectly straight and of a decent size.”

The pellet industry and its customers cite government studies and analytics by firms they hire to support claims that their practices fall in line with European “cleaner than coal” requirements.

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July / August 2015 Soil & Mulch Producer News 13

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Falmouth Planning Board Says No to Food Waste Composting

F

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almouth, MA – Although the food waste composting trend has been picking up throughout the East Coast, the Cape Cod town of Falmouth won’t be joining the movement anytime soon, according to CapeNews.net.

After public hearings throughout spring and early summer, and much discussion over zoning and the permitting process, the Falmouth Planning Board denied Cavossa Disposal Corporation’s proposal to start a food waste composting operation. Had the proposal been approved, it would have allowed Cavossa to turn up to 1,000 tons of organic material per week into compost and sell it to the public.

Cavossa, which provides garbage collection service and also operates an excavating business that processes construction waste at its Falmouth equipment yard, has been granted a number of special permits over the years. This time, neighbors expressed concerns about the company’s ability to manage food waste along with its existing business of construction waste disposal, citing possible noise, odor and pest control problems.

Court Orders Montana Mulch Producer to Vacate

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ouglass, MT – After a long and contentious battle, a settlement has been reached between a municipality and a mulch producer here, a PottsMerc.com article reports.

Responding to long-standing complaints from residents about truck traffic, smell and noise, the Sassamansville zoning commission ordered Mountain Mulch to remove its mulch and all equipment from the property.

The legal fight against Mountain Mulch arose out the company’s failure to meet deadlines for ceasing operations and vacating the property.

But a history of head butting had already been established, driven by residents’ concerns that the company’s operations did not fit with the bucolic nature of the area and that mulch production was “too intense” for preserved farmland. The court ordered the company to repay the residents $3,000 in legal fees they had incurred and $2,000 for legal fees incurred by the township.

Mountain Mulch was using about 13 acres of property that is protected by an agricultural easement. Critics argued the operation was too large and too commercial to meet the restrictions of that designation.

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July / August 2015 Soil & Mulch Producer News 15

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Despite Location Concerns, York Mulch Plant Receives a Go Ahead

Y

www.westsalem.com

ork County, NY – Following a series of reviews and public hearings, the York County Board of Supervisors has approved a recycling plant to make mulch from wood waste, WYDaily.com reports.

The plant, owned and operated by Digges Company, is located in an industrial zone.

The wood to be turned into mulch will come from timber cleared from land that is being developed. Two large residential developments are slated for construction nearby.

Several acres of park and woodland separate the plant from the first of the neighborhood’s homes, but current residents had voiced concerns about noise from the equipment and the wisdom of allowing the plant near an area that was intended to become more upscale with nice homes.

A spokesperson for the Digges Company opposed one of the housing developments last November at a public hearing when the application went before the Board of Supervisors.

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16 Soil & Mulch Producer News July / August 2015

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NYC Food Waste Recycling Expands

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ew York City, NY – New York City’s Department of Solid Waste (DSNY) has taken steps to expand its food waste collection program to include hotels, arenas and restaurants, reports JDSupra.com and NYTimes.com articles.

The DSNY Organics Collection pilot program, which currently serves more than 100,000 households in all five boroughs, began in 2012. This past spring DSNY rolled the program out to another 35,000 households, and in July, commercial businesses will be asked to take part.

So far, participating schools and residents have contributed 6,700 tons of organic material from October 2014 to April 2015. Mayor DeBlasio wants to see every household in the city participating by 2018. DSNY estimates a million tons of waste each year, an increase of 900% over the current haul; however, the processing facilities (located in Staten Island, Connecticut and upstate New York) can only handle about 100,000 tons of this waste per year. NIMBY complaints closed down one processing center.

So what can be done with the massive amount of organic waste?

DSNY has conducted experiments that could lead to a large-scale biofuel project. By adding some of the organic garbage to the sewage treatment plant digesters, researchers found that adding the food scraps increased the amount of natural gas captured. From that process, they calculated that enough electricity could be produced to heat 2500 homes.

According to the DSNY website, organic waste accounts for about 31% of all waste generated by residents in New York City. Organic waste includes yard waste, food scraps, compostable paper (napkins, paper plates, etc.) and other materials suitable for industrial-scale composting.

Regarding food waste collection by restaurants and hotels, a representative of the NYC Hospitality Alliance notes, “The restaurant industry is supportive of environmentally friendly practices, but we need to make sure any new requirements aren’t operationally and cost prohibitive.”

Massachusetts Town Decides Against Big Biomass

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reenfield, MA – Residents concerned about air pollution and forest sustainability have struck down plans for an industrial-scale biomass plant here, reports MassLive.com.

Opposition in this region has been mounting against incineration projects of most kinds, even the most well-planned biomass projects – in this case, the $250 million Pioneer Renewable Energy project, which would have burned 1,500 tons of different types of wood feedstock per day. The state-of-the-art operation would have used recycled municipal wastewater, a feature that in other times might have attracted positive attention. Changes in state law have introduced some disadvantages, however, including tougher requirements for obtaining renewable energy credits. The Massachusetts Department of Energy Resources is working on new biomass regulations.

The Greenfield ordinance, the first in the state that bans biomass, allows anaerobic digesters and residential wood stoves, as well as smaller commercial wood-burning facilities, so long as they only burn clean wood, wood pellets and chips. No facility will be permitted to burn garbage, tires, construction materials, plastics, or other materials.

The town previously squelched plans for a 47-megawatt biomass plant in 2013 when neighbors challenged a special permit granted by the Zoning Board of Appeals. Plans for a controversial 50-megawatt biomass plant in Russell also died after the new regulations went into effect.

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Preparing For What’s Next 2015 Mulch & Soil Council

Annual Meeting Please join us for the 44th Annual Mulch & Soil Council meeting

This year’s meeting will provide you with the essential tools and information you need in Preparing for What’s Next in the mulch & soil market for the coming year: Packaging Materials, Business Software, Fire Issues, Peat Moss Forecast, Planning for Economic Change, Growing Media, Social Media and more.

Members and non-members are invited to participate 18 Soil & Mulch Producer News July / August 2015

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USDA Now Accepting BCAP Applications ashington, DC – The U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) has begun accepting Biomass Crop Assistance Program (BCAP) applications for the coming year.

For 2015, USDA has reserved up to $11.5 million to assist with the cost of removing woody or herbaceous residues from farm fields or national forests and woodlands for delivery to energy generation facilities. A majority of the funds are expected to support the removal of dead or diseased trees from National Forest and Bureau of Land Management public lands.

Orchard wastes, and agriculture residues such as corn cobs and stalks, also qualify as energyproducing feedstock.

The funds are expected to ease the financial difficulties in areas of the U.S. suffering from drought, where the removal of dead or diseased forestry residues can reduce the threat of forest fires while generating renewable energy.

To be eligible for the retrieval incentives, the biomass must be delivered to FSA-approved biomass conversion facilities. A list of approved facilities is available at www.fsa.usda.gov/bcap.

The Biomass Crop Assistance Program also provides financial assistance to farmers and ranchers who produce new sources of energy biomass by growing eligible crops on contract acres within approved BCAP project areas. Funding for this portion of the program, known as project areas, will be announced later this summer. In addition, FSA is preparing an environmental review of BCAP and has proposed improvements to project area requirements, including crop eligibility, contract duration, and different ways the program could help to offset the lack of crop insurance.

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www.wastewoodhogs.com 20 Soil & Mulch Producer News July / August 2015

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Austin Study Concludes More Waste Can Be Recycled

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ustin, TX – A study of Austin’s garbage has found that about 90% of the waste the city is sending to landfill could be recycled, reports KXAN.com.

The Waste Characterization Study, conducted by Austin Resource Recovery, showed that organic waste (which includes food waste, yard waste, wood and other materials) is the largest component of trash. Of the recyclables the city sends to a landfill, 13% is recyclable plastic, 23% is recyclable paper, and 8% is recyclable metal and glass.

As Austin works toward state-mandated Zero Waste targets, the city’s composting program has room to grow. The study determined food waste is the single largest component of the disposal system. At the end of 2012, the City launched a pilot program for compost collection. Currently, 14,000 households participate in curbside recycling. Austin Resource Recovery is waiting on the City Council to approve money for a five-year roll-out of the compost program, starting in 2016.

“Although 96 percent of Austinites consider themselves recyclers, the reality is that more than 44 percent of Austin’s trash stream is recyclable materials,” said Austin Resource Recovery Director Bob Gedert. “This study confirms that if we recycle and compost properly, our Zero Waste goal is entirely attainable.”

Residents Complain, Halt Soil and Mulch Production

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enosha, WI – Excavating & Top Soil, Inc. was making customers happy for 14 years until a sudden rash of neighbor complaints and a zoning snafu forced the company to shut down, according to a KenoshaNews.com article.

Residents from a nearby housing subdivision complained to the city about what they felt was unsightly debris, broken chunks concrete and vehicles on the site, in addition to noise from a wood grinder and health hazards related to mulch dyes.

State and local natural resources and health officials have turned up nothing to support claims about the toxic mulch. No medical proof has been established to validate allergies and other respiratory ailments blamed on Excavating & Top Soil, which is located in an area zoned for heavy industry. The noise complaints appear to be highly subjective.

Disagreements between city staff and the zoning commission has caused a catch 22 situation because the company must first have an approved conditional use permit before it can obtain an occupancy permit.

The city had told the company it must complete the application process for a required conditional use permit or occupancy permit to operate a contractor’s storage yard, and submit approved plans for paving gravel roads and parking areas, lighting for the parking lot and storm water management improvements. The zoning commission’s decision effectively has stopped the company from producing mulch since May 7th.

Food Waste Recycling Begins in South Carolina

H

orry County, SC – Horry County, home to the surfside resort city of Myrtle Beach, will be adding food waste to its composting operation, thanks to a new state law, reports CarolinaLive.com.

Since all yard waste was banned from South Carolina municipal solid waste landfills, the Horry County Solid Waste Authority (SWA) has been recycling yard waste into mulch and compost and selling it to the public. Now the soil amendment will be made even richer with the tons of food waste diverted from landfill.

Coastal Carolina University, which generates 12-14 tons of food waste per month, plans to join the Horry County project. Currently, only a portion of incoming food waste is being composted.

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Know What EPA Has in Store for You Each monthly issue of Environment & Climate News addresses issues that affect you every day: over-regulation by EPA; protection of our soil, water, and forest resources; and more.

You can read it online at news.heartland.org or have it delivered to your email inbox for free at www.heartland.org/subscribe heartland.org/subscribe.

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ADVERTISER NEWS CMC Introduces Two New Representatives, Also Announces New Representation in Mexico

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ustom Milling & Consulting, Inc. in Fleetwood, Pennsylvania, a certified toll processor and manufacturer of mixing and milling equipment recently announced the addition of Disperse Tech, Inc. and Major Equipment Co. as regional sales representatives.

Before starting Disperse Tech Inc., Steve Schmidt began his career as a sales representative and moved up to management at E.W. Kaufman Company. Schmidt’s background includes a B.A. in Chemical Engineering from Villanova University and years of experience in selling blending and mixing equipment. His territories will include several states located in the Northeast Region.

Jim Heidemann brings with him 34 years of experience in Mechanical Engineering, sales and processing. He began his career with Dow Chemical, and moved on to GE Aircraft beginning in manufacturing then advancing onto engine sales, and he followed that experience with several years at Cincinnati Inc. before moving on to Major Equipment where he has gained extensive knowledge in dispersion and processing equipment. Heidemann studied Mechanical Engineering from the University of Cincinnati and received his MBA from Xavier University. The territories he will be representing are select areas around his home state of Ohio.

CMC also announced the addition of Kem Trade to their International Sales Network. They will be the exclusive representative for all of Mexico and Latin America.

Kem Trade’s background began in 1994 with distributing raw materials to a wide range of industries and expanded their services to processing equipment. With their partnerships in the regions, they have developed a comprehensive portfolio that is a welcomed addition to CMC.

Ohio Congressman Pat Tiberi Promotes Trans-Pacific Partnership Touring Screen Machine Industries’ Factory to Gauge Impact

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entral Ohio Congressman Pat Tiberi toured Screen Machine Industries to gauge the impact of upcoming international trade legislation on Ohio jobs.

According to Screen Machine Industries, the company has experienced strong growth from exports over the past few years and lifting trade barriers will create new opportunities to establish dealer relationships in markets otherwise unapproachable.

The company added, with 96 percent of the world’s consumers living outside the United States, for American exporters to grow, they need barriers knocked down to access those consumers.

Two trade agreements that the United States is currently negotiating would give American exporters access to one billion new customers.

For the United States to be in the best possible negotiating position, Congress needs to pass trade promotion authority, or TPA. TPA inserts accountability and transparency into the negotiating process by putting Congress in the driver’s seat in outlining the types of trade agreements Congress will or won’t consider. TPA ensures that trade agreements are made available for the general public to review at least 60 days before the president finalizes it and before Congress even considers it.

22 Soil & Mulch Producer News July / August 2015

Morbark Awarded NJPA Contract

T

he National Joint Power Alliance (NJPA) has awarded Morbark, Inc., with a four-year contract to provide NJPA members with medium-duty and compact construction and maintenance equipment. The contract (#042815-MBI), which officially began May 19, 2015, also covers related attachments, accessories and supplies.

“We’re extremely pleased to have our proposal chosen by the NJPA,” said Wayne Watts, Governmental Sales Specialist for Morbark®.

“Winning this NJPA contract will give Morbark and Boxer® equipment dealers and distributors the opportunity to build additional brand awareness and sales volume throughout North America. We’re looking forward to working with NJPA members and providing them fast and easy access to the quality, competitively priced equipment they need.”

Terex Further Expands Environmental Equipment Business

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erex Materials Processing, a business segment of Terex Corporation recently announced the acquisition of the assets related to the Environmental Technology product lines of Neuson Ecotec GmbH (an Austrian company). This acquisition marks further expansion of the Terex Environmental Equipment (TEE) business unit, closely following the purchase of the assets of Continental Biomass Industries (CBI) in April. TEE, part of the Terex Materials Processing segment, has been serving the wood, biomass, and recycling industries since 2011. According to the company, the acquisition of the Neuson Ecotec Environmental Technology products will add chipping, shredding, screening, and composting products that will accelerate development of a global dealer network while adding a facility in Linz, Austria that can support production requirements in continental Europe. Terex is not acquiring the Forestry division of Neuson Ecotec GmbH, which will transition to Neuson Forest after closing.

The company stated that Neuson Ecotec products will now be part of a global portfolio of distribution-oriented products that will soon be rebranded as Terex Ecotec. Adding, that after combining these products with existing Terex products, products in development, and some of the products recently acquired from CBI, the Terex Ecotec line will be among the most comprehensive in the industry.

Bandit Industries Inc. Awarded Second NJPA Contract in Two Years

B

andit Industries recently announced it was awarded an additional contract from the National Joint Powers Alliance (NJPA) contract for Medium Duty and Compact Construction and Maintenance Equipment with Related Attachments, Accessories and Supplies.

(Contract No. 042515-BAN).

This was awarded in addition to Bandit’s existing NJPA contract for Landscape and Grounds Maintenance (Contract No. 031014-BAN).

“Bandit’s previous Landscaping and Grounds Maintenance contract with NJPA is a great tool for some of our customers to cut through red tape and buy the machines they need when they need them,” said Bandit Sales Manager Jason Morey. “This latest contract for Medium Duty and Compact Construction Equipment with Related Attachments, Accessories and Supplies will, without a doubt, expand the number of municipalities that can take advantage of the benefits of purchasing Bandit equipment through NJPA.”

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July / August 2015 Soil & Mulch Producer News 23

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VOL. IX NO. 4

jul /aug 2015

Inside This Issue Legal Delays Don’t Mitigate Concerns Over Clean Water Rule PAGE 1

Linear Anionic Polymers – A Major Tool in Fighting Soil Erosion PAGE 4 Biomass Conflict: As Pellet Makers Profit, Do Carbon Emissions Increase?

PAGE 12 Court Orders Montana Mulch Producer to Vacate PAGE 14 Massachusetts Town Decides Against Big Biomass PAGE 18 Residents Complain, Halt Soil and Mulch Production PAGE 21

www.ecoverse.net

U.S. Postage

PAID