Issuu

Vol. XI No. 4

July / August 2017

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

NEWS

Study Proposed to Debunk Myth of Spontaneous Combustion Fires in Mulched Landscapes By Bob LaGasse MSC Executive Director

or years, local fire marshals have been promoting the urban myth of spontaneous combustion of mulch in home gardens and landscape applications. In 2016 we saw a significant increase in the number of reports of local mulch fires, particularly in landscapes around businesses where the cause was attributed to improper disposal of smoking materials, especially cigarettes. Even so, a majority of those reports also included a caution from the media or local fire officials advising consumers that mulch may spontaneously combust in gardens and landscapes. In June, the fire and rescue department of Rockingham County, VA, even declared a fire in a small flower pot on a home deck the result of spontaneous combustion. From experience, the mulch and soil industry has never recorded a verified fire of landscape mulch or consumer potting soil that was not the result of some external ignition source. Some external heat sources have been extremely unusual, i.e., heat from

highly focused sunlight reflecting off “low-E” insulated windows, but that is still an external heat source and not spontaneous combustion. Our industry is also well aware of the spontaneous combustion of large piles where volumes in excess of 25 feet in height have shown sufficient mass to generate and store energy faster than it is lost, thereby causing spontaneous combustion within a large pile. Those same physical effects have not shown that they can transfer down to small piles, or even wrapped pallet loads, such that they would be capable of generating and retaining enough heat to self-ignite.

The Problem

ven given the volumes of experience E the industry has on this issue, there is little to no actual scientific data that can be used to effectively debunk the urban myth of spontaneous combustion of mulches in landscapes or soils in flower pots. So, why should we care? A lie told often enough, and with conviction, will eventually be accepted as the truth, even if it isn’t. When the media and the fire safety industry continually tell the public that mulch and soils present a danger to property and life, resulting from unpredictable spontaneous fires, the most likely outcomes will be: 1. A decline in product sales for fear of property loss and personal safety, 2. A decline in retail outlets willing to assume the liability for “potentially dangerous” product sales, 3. An increase in manufacturers’ product liability costs as fire departments and insurance companies declare more fires (and their losses) the result of spontaneous mulch and soil fires, or worst case, 4. A catastrophic industry loss caused by a consumer death erroneously attributed to the spontaneous combustion of mulch or soils in a landscape application. Continued on page 3

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July / August 2017

Soil

Study Proposed to Debunk Myth of Spontaneous Combustion Fires Continued from page 1

The Solution

he solution to the problem is simply to debunk the urban myth of spontaneous combustion of mulches and soils in landscape applications by scientifically documenting that it cannot happen. Then distribute this info to every fire safety and insurance industry organization, as well as the press, in an effert to stop the spread of misinformation. To that end, the Mulch & Soil Council has contacted multiple organizations to review the issues and discuss possible research projects to achieve our goal. Our most promising proposal is a project developed with the help of the Fire Research Department of the Southwest Research Institute (www.swri.org/ industries/fire) in San Antonio, TX.

The Project Outline

ive representative samples of mulch products from across the country would be collected for initial fire characteristic screening. These include: SE – Shredded Pine Mulch SE — Shredded Cypress Mulch NE – Cedar Mulch Central – Shredded Hardwood Mulch West – Shredded Lodgepole Pine Mulch Each sample will undergo both DSC and TGA Analysis to determine which products are most combustible. The three most combustible products will then be rescreened with an ASTM C518 test to determine the heat retention properties (remember that combustion requires heat generation faster than heat loss; so, the insulating properties of a mulch are as important as the heat susceptibility properties). From these prescreened samples, the most problematic test sample will undergo a series of additional tests to demonstrate the conditions that would be necessary to create auto-ignition, including the minimum mass required to generate sufficient heat to overcome heat dissipation. Included in the test protocol is a selection of garden potting soils with and without fertilizer that will undergo the same series of additional tests to demonstrate the conditions that would be necessary to create autoignition, including the minimum mass required to generate sufficient heat to overcome heat dissipation. At the conclusion of the study, the results will be tabulated and used in a professionally written scientific report that will be placed in fire and insurance industry journals to disseminate the data and debunk the urban

myth of spontaneous combustion of mulch and soils in landscape applications. It has taken a long time to find the right resource and develop the proposed test protocol, but we are on the brink of achieving a long-term objective to protect the industry from false claims that could severely harm the market. Now we know what to do and only need the resources to complete the task.

Mulch & Soil Research Foundation

he Mulch & Soil Research Foundation T (MSRF) is the non-profit research arm of the MSC. It was created to raise tax deductible funds

and grants to support key industry issues. MSRF was instrumental in addressing the anti-cypress issues by funding research on U.S. southern forest inventories and sustainability of cypress that clearly refuted false claims of so-called environmental groups. Based on past experience of the Council, the best defense against false claims is scientific Continued on page 5

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PUBLICATION STAFF Publisher / Editor Rick Downing Contributing Editors / Writers Veronica Harrison • Kathy Hoekstra Robert LaGasse • Sandy Woodthorpe Production & Layout Barb Fontanelle • Christine Mantush 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 b i m o n t h ly by D ow n i n g & A s s o c i at e s. 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 2017 by Downing & Associates Printed on Post-Consumer Recycled Paper

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Mulch & Soil Council Announces 46th Annual Meeting By Robert LaGasse, MSC Executive Director

he mulch and soil market is extremely competitive. Buyers demand constant price controls while continuously raising service expectations. That is why it is critical to know key operational information such as: 1. Knowing Your Total Cost Per Unit for every product you produce, 2. How to manage resources and material by Product Planning For Demand 3. When to expand your resources by understanding the Expectations of a Contract Packer. Details on each of these topics will be addressed by experienced industry professionals, including Ken Allen of Oldcastle Lawn & Garden in Hope, AR; Chris Littlefield of Kellogg’s Garden Products in Carson, CA; and Brent Bolton of Harvest Consumer Products in Mooresville, NC. Mechanization and automation is often a necessity in managing growth and improving productivity, but do you lease or buy? What are the operational, maintenance, capitol and tax implications of equipment decisions that will improve profits and not break your bank? John Janes of Caterpillar, Inc., will discuss the essential elements of every lease vs purchase decision you will ever need to make when he discusses Understanding the Total Cost of Ownership. One of the newest growth areas in equipment technology is the development of in-line and bulk load volume scanners. Whether you are seeking verification of in-bound materials purchased or out-bound products sold, these new technologies can improve your manufacturing accuracy, accountability and profitability. Matt Walz of Walz Scales will present the opportunities, costs and operational considerations of In-Line And Bulk Load Scanning Systems.

Once you have bought or leased your equipment or property or even inventory, you need to consider How Your Insurance Options Can Impact Your Business. Workers Comp and other insurance-related risks to your business are difficult issues to minimize your costs and exposure while maximizing your benefit. Todd Johnson of USI will address how you can best understand your options and protect your future. One thing that can have the single greatest impact on insurance costs and savings is Plant Safety. Most plants strive to increase the number of days between recordable or reportable accidents because it impacts the overall profitability of the company. While there is no guarantee, the Scotts Co. plant in Lawrenceville, VA, created a safety system and employee culture that strung its record to over 7,300 consecutive accident-free days. Don Dugger of the Scotts Company will tell you how they accomplished this remarkable task and how you can improve plant safety in your operations. Other program sessions and vendor presentations will be presented on the meeting program and during the two meeting receptions that will be held at the Renaissance Hotel in Nashville on Sept. 20 & 21. But the highlight of our program is the keynote luncheon and presentation by Dr. Alan Beaulieu. Dr. Alan Beaulieu is president of ITR Economics, a leading economic forecasting organization with numerous Fortune 500 and industry association clients who rely on ITR’s unique insights for economic planning. Come hear what Alan has to say about his prior predictions for 2018 and beyond and what things to watch for in the coming months that may impact your corporate and personal future. For details regarding the 46th Annual Meeting of the Mulch & Soil Council, Sept. 19-21, visit www.mulchandsoilcouncil.org/meetings.php.

Join Us in “Music City”

Nashville Mulch & Soil Council 2017 Annual Meeting September 19 - 21 Renaissance Nashville Nashville, TN For more information, go to

www.mulchandsoilcouncil.org/meetings.php mulchandsoilcouncil.org/meetings.php 4

Soil & Mulch Producer News

July / August 2017

for the 46th Annual Mulch and Soil Council Meeting Covering topics for everyone from owners and plant managers to account and marketing managers to industry suppliers. This year’s meeting topics will include: • Improving Operational Excellence • Understanding the Total Cost of Ownership • How Insurance Can Impact Your Business • Bulk & In-Line Scanning for Volume • Plant Safety

Keynote Speaker: Dr. Alan Beaulieu “Change is Coming!”

We hope to see you there!

Soil

Composting Program Begins in Martha’s Vineyard

artha’s Vineyard, MA – After a yearlong study, a twice-weekly schedule of food waste pick up has begun on Martha’s Vineyard, reports VineyardGazatte. com. After a year-long study that ended in June, the composting program is aimed at diverting the island’s food waste from incineration and landfill on the mainland – and making a rich soil amendment that will be available to residents. Martha’s Vineyard Refuse District spearheaded the program along with Island Grown Initiative (IGI) and Island Food Rescue. According to the District’s figures, processing all the food waste on-Island could save participating communities of Edgartown, West Tisbury, Chilmark and Aquinnah about $286,000 per year. IGI, the group that is managing the program, will charge the Refuse District a monthly fee for labor and trucking the organic waste to a farm in Oak Bluffs. Island residents were notified they could pick up five-gallon food waste buckets to get started collecting their kitchen waste, which can include peelings, scraps and even soiled paper towels. The buckets and dedicated 32-gallon bins, as well as signage were obtained thanks to a grant from the Massachusetts Department of Environmental Protection. To support program staffing, each town came up with its own scheme. The Edgartown program is funded partly by charging $2 for each five-gallon bucket of food waste collected. This will help establish the feasibility of a permanent program and track pickups to help the town track collection patterns and adjust scheduling. The grant requires applicants to be able to report participation and to develop a “buy-recycled” program, an IGI spokesperson said. Fruits and vegetables, nuts, seeds, grains, pasta, bread, dairy, meat and seafood, along with coffee, paper items - filters, tea bags, napkins and towels - are accepted at the Edgartown site. The twice-weekly pickup schedule was modeled after towns on the Cape that have similar programs. According to IGI, the pilot will run six months to a year. The four member towns approved a $2.5 million expansion of the District’s central transfer station, which could eventually support an in-vessel composter in one to two years, a District spokesperson explained. Two Island farms are registered to accept food waste, but the District is working to sign up more farms. Currently, trucking is handled by small operators, but if the program gets off the ground the District would contract with commercial trash haulers, Bruno’s Rolloff Inc. and ABC Disposal Service Inc.

Mulch Producer NEWS

Study Proposed to Debunk Myth Continued from page 3

proof of the truth. In our case, it will require professional expertise and specialized equipment to conduct the study. It will also cost MSC approximately $50,000 to complete the study and effectively disseminate the results. So, the MSRF is soliciting tax deductible industry gifts and grants to fund the necessary research that will debunk the urban myth of spontaneous combustion of mulch and soil in garden and landscape applications. If there is any doubt this spontaneous combustion myth could harm our industry, remember the vermiculite industry lost two-thirds of its market virtually overnight because the media and EPA published a false study linking asbestos and vermiculite. Not long ago, the media touted reports of health and safety threats from peppers and lettuce that killed the consumer markets instantly and both remained severely damaged for a year after it was reported the threat no longer existed.

Conclusion

alse health and safety issues promoted by misinformed fire safety officials and the media are not F something our industry can ignore; so, we must act before it is too late. If you can help donate or contribute $2,500 or $5,000 or more to the research that will protect the industry from false fire

claims, please contact MSRF Executive Director Robert LaGasse at execdir@mulchandsoilcouncil. org or 806-832-1810.

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July / August 2017

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Mulch & Soil Council Granted Long Awaited Clarifications on Guidelines for Checking Contents of Packaged Mulch By Robert LaGasse, MSC Executive Director

he National Institute of Standards & Technology (NIST) of the U.S. Department of Commerce is headquartered in Gaithersburg, MD, and helps coordinate industry and regulatory issues, including weights & measures, in interstate commerce. NIST handbooks provide guidelines for uniform standards and testing utilized by most state and local governments as well as private industry. In the early 1990s, the Mulch & Soil Council (MSC) worked with representatives of NIST and various states to define the procedures for testing the net contents of mulch and soils packaged by volume. The results of that effort were published in NIST Handbook 133 under the heading: “Checking the Net Contents of Packaged Goods” and remained substantially unchanged for the next 25 years. In 1996, the industry experienced a tremendous problem with product under-packing that disrupted the marketplace so much that the MSC requested that NIST help coordinate a multi-state survey of product packaging. The survey showed that across more than a dozen states, over a 30-day period, more than 80 percent of the tested product lots failed inspection on volume-measure. That failure resulted in combined industry and NIST training programs to teach industry how to label, fill and inspect product packages as well as training state regulators on the proper procedures

and details for checking the net contents of packaged mulch and soil products. Between the general guidelines outlined in NIST Handbook 133 and the NIST/MSC training programs, both industry and regulators achieved very uniform testing practices over the next two years. In 1998, MSC requested NIST to coordinate another multi-state survey of packaged mulches and 80 percent of all inspected production lots passed the net contents test. Fast forward after 16 years of general industry compliance, a few producers of packaged mulches ran head-long into several multi-state, stop-sale orders in the Spring of 2014. The MSC investigated and found there were some industry problems that were quickly corrected. At the same time, the great number of state tests being shared with the MSC over a short period, allowed industry to review the practices of multiple state agencies regarding their application of the NIST Handbook 133 guidelines. It was clear that not all jurisdictions were running the same test or following the same protocols. Some of the variations in test procedures were only nominal, but others had a very significant impact on the results. The only way that weights & measures can work in interstate commerce is if industry and every regulatory jurisdiction does Continued on page 9

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Mulch & Soil Council Granted Long Awaited Clarifications Continued from page 6

exactly the same test in exactly the same way — with no deviations or interpretations. No business can comply with 50 different state tests or countless local W&M jurisdictions that vary; so, we investigated further. After talking with NIST, various states, and industry representatives, our conclusion was that the past NIST Handbook 133 general instructions combined with NIST technical training filling-in the details had succumbed to the budget and personnel problems of the day, and fewer people were able to participate in NIST training. Without reinforcement of the training segment, people were relying solely on the general guidelines of NIST Handbook 133, which were not specific enough to assure uniform practices without the training component. The obvious solution was to clarify the NIST Handbook 133 instructions with the essential added details provided by the NIST training program. The starting point was a review of what industry and states were doing differently from the training program instructions, and then provide clarification in each of those areas. It took the better part of 2014 to arrive at an acceptable proposal that would promote uniform testing procedures among industry and regulatory agencies. But, you cannot simply change the federal guidelines in NIST Handbook 133. There is a process whereby the proposal is described in painfully detailed text showing strikeouts and additions, along with purpose and justification, that is submitted to the National Conference on Weights & Measures (NCWM). NCWM is the national trade association of the 50 state weights & measures agencies who adjudicate and approve proposed changes to federal guidelines before any changes can be made by the federal government. In short, our clarifications to NIST Handbook 133 could not be published until a majority of states voted to approve the changes. We submitted our first proposal, with NIST as a joint petitioner, in January 2015. NCWM is divided into four regional associations, and the rules say you must have the vote of at least one regional association to move your petition forward for consideration at the national convention and a vote by all the states. So, in 2015, we visited every regional weights & measures association to sell our proposal and seek a sponsor to move the issue forward. This was a long process, and it took until the February interim meeting in 2016 to get on the agenda for review by the national Laws & Regulations Committee. We got our first approval in February 2016 to move to a final vote at the annual meeting in July 2016. From February to July, we attended several additional regional association meetings to build support for the proposal and the final vote. In July 2016, one state presented minor objections in the public hearing and the national L&R Committee discussed the issue and moved the proposal forward as a voting item. Going into the voting session, everyone expected the proposal to pass easily, but when we came to bat on the last day of the meeting, as the very last item to be considered in the voting session, one state sandbagged the issue while blindsiding the committee with last second objections (not previously heard) which derailed the vote. Our proposal was sent back to committee for further development. In reality, the last-minute objection was resolved in less than one minute at the next regional meeting, but the voting session rules did not allow MSC to make such a change at the July 2016 voting session. However, the extra time gave us the opportunity to make some additional clarifications that were helpful. From July 2016 to February 2017 MSC traveled to more regional meetings promoting the revised proposal that received support from

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t the Arthur B. Robinson Center on Climate and Environmental Policy at The Heartland Institute, we are producing the research and conducting the effective advocacy needed to help restore sound science and common sense to efforts to protect the environment. The Center promotes pro-energy, proenvironment, and pro-jobs policies based on sound science and economics, not alarmism or ideology. Through events, publications, social media, and government relations programs we have changed public opinion on climate change and other environmental topics. We have changed public policy not only in the United States but in other countries as well. In 2017 and onward, we are focusing on winning the global warming war and repealing bad legislation and regulations adopted during the height of the global warming scare. With your help, we can win the global warming war. Please contact us at 312/377-4000 or www.think@.heartland.org think@heartland.org, or visit our website at www.heartland.org/Center-Climate-Environment heartland.org/Center-Climate-Environment.

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July / August 2017

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Soil

Mulch Producer NEWS

Mulch & Soil Council Granted Long Awaited Clarifications on Guidelines for Checking Contents of Packaged Mulch Continued from page 9

three regions as a voting item for the interim meeting in 2017. The February 2017 Interim Meeting again moved the proposal forward as a voting item for the annual meeting in July 2017. At the NCWM Annual Meeting in Philadelphia in July, the revised proposal for editorial clarifications to NIST Handbook 133 was again approved by the National L&R Committee. One state presented objections in open hearings which were overcome by the L&R Committee. It is customary that each regional association meet just before the start of the voting session on Wednesday, which is after the Monday public hearings and the Tuesday committee hearings. At the Central Region Association meeting, two states objected to the handbook clarifications which they do not currently follow. At the same time, MSC was encouraging other state representatives to express their support for the proposal in the voting session. Again, our proposal came to bat on the last day of the meeting, in the last session, as the last voting item. Agenda item 2600-1 (MSC proposal) was called and our annual antagonist state entered their ongoing objection. That was followed by one region and five states voicing their public support. Perhaps it was public support that prevented a second attempt to blindside the issue at the last minute. However, it doesn’t matter now as the proposal passed by a vote of 31-7 The newly approved editorial clarification to checking the net contents of packaged mulch products will appear in the 2018 edition of NIST Handbook 133. The Mulch & Soil Council thanks:

•

the MSC Standards Committee for their initial development of the editorial changes,

•

NIST Office of Weights & Measures for their joint development of the proposal and their help and encouragement during the long process,

•

The L&R Committee and membership of each regional weights & measures association who supported our efforts and

•

the NCWM National L&R Committee for their dedication and help in promoting the uniform testing of mulch and soil products between regulators and industry.

As a side note, we realize that most industry companies do not have the resources to individually spend the time and money to learn who all the key players are, attend four national meetings and work eight regional meetings, over three years, in order to develop a regulatory position that helps everyone in the industry. That is why the Mulch & Soil Council is so important to you in maintaining an open and fair market for your company and the industry. For more information on the Council, visit our website at www.mulchandsoilcouncil.org. If you would like a copy of the revised editorial proposal for checking the net contents of mulch packages, download the NCWM L&R Committee agenda and review item 2600-1 on pages 37-40. https:// www.ncwm.net/_resources/e30d:omyqm2-jd/files/75729906zd9c4d1db/_ fn/3-LR-Web.pdf.

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Soil

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Congress Considers Water-Rights Protection Bill By Veronica Harrison

ep. Scott Tipton (R-CO) reintroduced the Water Rights Protection Act (WRPA) at a hearing of the House Natural Resources Subcommittee on Water, Power and Oceans on May 18, 2017. The bill passed the House of Representatives in the 113th and 114th Congresses with bipartisan support, but it never received a vote in the Senate. WRPA would uphold state water laws and water-rights assignments against federal regulatory agencies’ attempts to reduce property owners’ water rights. The bill includes provisions prohibiting federal agencies from imposing permit conditions requiring the transfer of privately held water rights to the federal government to receive or renew a permit for the use of federal land. It would also prohibit the secretary of the interior and the secretary of agriculture from requiring the transfer of water rights without just compensation, and it would uphold federal deference to state water laws governing public lands. The federal government often tries to turn privately owned land into public property by restricting water rights, says John Baden, chairman of the Foundation for Research on Economics and the Environment. Baden owns a family ranch in Bozeman, Montana that dates back nine generations. “The federal government will do everything they can to get you off the land, illegally claiming water rights to get your property,” said Baden.

Wielding Water as Weapon

on Arnold, executive vice president for the Center for the Defense of Free Enterprise, says the federal government uses control of water to extort concessions from federal lessees and western property owners. “It’s a way to get people off of land,” said Arnold. “In the West, water laws are very specific; the water doesn’t necessarily come with the land.

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12 Soil & Mulch Producer News July / August 2017

“In many western states, you only gain water rights through use,” Arnold said. “You have to show beneficial use of water, according to the law. This bill will give you the right to own the water without having to constantly prove beneficial use.”

Concern for Fairness

ipton says he hopes his bill will ensure fairness to western water users, providing them the certainty they need to prosper and thrive in the West, where dry and waterless conditions are the norm. “The federal government owns nearly half of all land in the West and almost 36 percent of land in Colorado,” said Tipton in a statement. “Any permit condition that requires the lessee to turn over their water rights to the federal government, without compensation, is an assault on private land and water rights. “The steady flow of federal agency actions to assert federal control over private water rights directly interferes with the ability of the American people to access their private property,” Tipton’s statement said. “These federal water grabs undermine the long-held state water law and prior appropriation doctrine that protects water use in the West.” The statement added, “The Water Rights Protection Act would uphold longstanding federal deference to state water law and provide certainty for water users and property owners.”

Importance ‘Can’t Be Overstated’

aden says control of water is critical on ranches in the West and recent attempts to regulate water there by the federal government have been harmful. Continued on next page

Soil Continued from previous page

“The importance of water to those living in agriculture cannot be overstated,” said Baden. “One cannot grow crops or raise livestock without access to water. “On our ranch, apart from scenery, the beneficial use of our land comes from bountiful water, both natural and the water diverted for irrigation from the Gallatin River in 1885,” said Baden. “Our major property rights in water date from 1866 and 1883 and are attached to the land.”

Skiers’ Rights

ontrol of water is also critical for ski areas operating on federal land, says Geraldine Link, director of public policy for the National Ski Areas Association (NSAA). NSAA went to court in 2012 to prevent U.S. Forest Service efforts to force ski-slope operators to cede their water rights as a condition of receiving permits to operate. “Ski areas are economic drivers in rural communities,” said Link. “If we don’t have water, we can’t make snow, meaning ski operations cannot continue to provide a high-quality recreation opportunity for millions of people in the national forests. This affects the entire community, not just the ski area. “We have invested hundreds of millions of dollars in water rights because water is such an important resource for snowmaking and other key aspects of our operations,” Link said. “NSAA’s goal is to protect the water resources held by our members. We would do nothing to impact stream health or aquatic species in any way.”

Mulch Producer NEWS

Boise’s Mandated Organic Waste Recycling Launched

oise, ID – A partnership between Boise City, waste disposal company, Republic Services and a newly permitted composting facility got off to a somewhat rough start, but seems to be succeeding, reports IdahoStatesman.com. The mandated composting program launched in June, when collection bins were distributed to about 70,000 residents (some of whom expressed resistance to the idea). But a month later, the city reports the curbside organic collection is diverting an average of 66 tons of organic waste per day from landfill. Glitches in the program occurred when some residents objected in principle to the mandate which costs $3.40 a month regardless of whether they use the service, while others complained about having to deal with a third trash bin. Then, because of a delay in permitting the designated compost facility, Twenty Mile South Farm, the material had to be trucked almost 70 miles away, according to articles in The Idaho Statesman. Yet despite the grumbles, the program is catching on. The city’s contracted trash hauler, Republic, has picked up 1,716 tons of low-contaminate compost from Boise’s single-family houses, a city spokesperson told the newspaper.

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Ski Operators Supported

“T

he goals of the WRPA, to put in statute prohibitions against the taking of private water rights through permit conditions by the federal government, will provide us more certainty in the long term, providing the segment of the skiing industry that depends on federal permits the stability it needs to grow and succeed in the future,” Link said. “The intent of this bill is narrow: to protect valuable property interests of permittees using federal land from seizure without compensation by the federal government. “Contrary to claims made by those who oppose the bill, WRPA does not alter in any way the minimum stream flow protections that are set and enforced by the states on virtually every river and stream,” Link said. “And the bill expressly states, ‘[N]othing in this Act affects the implementation of the Endangered Species Act.’” Veronica Harrison (vharrison@heartland.org) is marketing director at The Heartland Institute. This article was reprinted with permission from heartland.org, a product of The Heartland Institute (https://www.heartland.org/newsopinion/news/congress-considers-water-rightsprotection-bill).

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July / August 2017 13

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Twin Cities Organic Waste Recycling Off to Slow, but Sure Start

inneapolis, MN – Minneapolis’ food waste recycling is off to a good start – about 4,000 tons of organic matter has been diverted from landfill in the past year,” reports StarTribune.com. About 43 percent (45,000 households) of residents are participating in the curbside composting program that kicked off in 2015 and expanded to the entire metropolitan area last year. The city’s recycling officials say that more waste is needed, however. Based on the original projections, twice as much waste was expected when the program was expanded. Officials think that one reason rates are lower is that residents are being very careful about what they put in their collection bins. Although the program accepts bones, meat, cheese, pizza boxes and soiled paper, people tend to mainly recycle fruit and vegetable peelings. The good news is that the food waste has very low contamination, meaning almost all of it is compostable, according to a city recycling official. Just over a quarter of eligible households in St. Louis Park are signed up for the city’s curbside organic waste collection. That’s about 3,300 residents. Last year, the city recycled 281 tons of organic waste. The organic waste is trucked to Specialized Environmental Technologies in Rosemount, where it is transformed into compost for use in landscaping at the Amazon distribution center in Shakopee, the new Vikings training center in Eagan and the renovated Minneapolis Sculpture Garden. Future uses include soil erosion projects and offering the material to the public. In 2015, Minneapolis received a $315,000 grant from the state to fund organics outreach, which consisted of education and advertising. The awareness campaign included bus stop posters and radio ads. Sign-up cards mailed to residents provided recycling and trash fees information in a half-dozen different languages. Follow up was conducted by crews of paid interns who went door-to-door in neighborhoods where sign-up rates were low. Also in 2015, the city raised all eligible customers’ annual waste pickup fees by $48 last year to pay for curbside composting.

www.brittonindustries.com 14 Soil & Mulch Producer News July / August 2017

Mulch Producer Hits Zoning Snag – After 30+ Years of Operation

rederick, MD – A lone complaint filed last winter with the county zoning office has led to a long-time mulch producer possibly having to relocate, according to a FrederickNewsPost.com article. In a move that has caused friction between political adversaries, Frederick County Council is considering a revision to an ordinance that limits wood waste recycling in areas zoned “general commercial property.” Such operations are allowed in agricultural and general industrial areas because of the noise, dust, vibrations, odors, and other problems they can generate. Bussard Brothers Landscaping Supply has been leasing five acres of land on a dead-end road next to an Interstate since 1990. Because the parcels are zoned as “general commercial property” the company was cited with a “courtesy violation” and was referred to the Office of Economic Development for help with relocating elsewhere in the county. The mulch producer started out on about two acres of agricultural land on one side of the road. Five years later the business expanded to a three-acre parcel on the other side of the road. Concerned that the amendment “takes zoning code in the wrong direction,” the Frederick County Planning Commission voted unanimously in July to recommend opposition to the measure. Meanwhile, Bussard told the News Post he has not found an appropriate spot to relocate.

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EPA Moves to Scrap WOTUS Rule

The U.S. Environmental Protection Agency, Department of the Army, and Army Corps of Engineers proposed a rule to rescind the controversial 2015 Waters of the United States rule.

By Kathy Hoekstra

he Waters of the United States (WOTUS) rule is closer to being removed from the Federal Register after the U.S. Environmental Protection Agency (EPA), Department of the Army, and Army Corps of Engineers proposed a rule to rescind the 2015 regulation defining which waterways and wetlands fall under the 1972 Clean Water Act and thus under federal government control. In February, President Donald Trump signed the executive order “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule,” directing the agencies to review and revise what Trump called one of the worst examples of federal regulatory overreach. “In one case in Wyoming, a rancher was fined $37,000 a day by the EPA for digging a small watering hole for his cattle. His land,” said Trump during his February 28 signing ceremony. “These abuses were, and are, why such incredible opposition to this rule from the hundreds of organizations took place in all 50 states. It’s a horrible, horrible rule.” Trump was referring to Andy Johnson, who built a stock pond on his property in 2012, which EPA ordered him to remove or face fines of $37,500 per day for violating the Clean Water Act. The nonprofit Pacific Legal Foundation sued on Johnson’s behalf, and the EPA backed off in May 2016. WOTUS opponents included 27 states and dozens of agricultural and business groups who sued the federal government to block the rule, saying it unconstitutionally expanded EPA’s reach over private property. EPA Administrator Scott Pruitt says states should take the lead on water issues within their borders. “EPA is restoring states’ important role in the regulation of water,” Pruitt said in a May 9 press release previewing the regulatory changes. “Like President Trump, I believe that we need to work with our state governments to understand what they think is the best way to protect their waters, and what actions they are already taking to do so. “We want to return to a regulatory partnership, rather than regulate by executive fiat,” said Pruitt. “We are taking significant action to return power to the states and provide regulatory certainty to our nation’s farmers and businesses,” Pruitt said in a June 27 statement when the new rule was offered. “This is the first step in the two-step process to redefine ‘waters of the U.S.’ and we are committed to moving through this reevaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent, and collaborative with other agencies and the public.” Timothy Benson, a policy analyst at The Heartland Institute, publisher of Environment & Climate News, says WOTUS would have constituted a massive expansion of federal power, usurping states’ authority and undermining property rights. Kathy Hoekstra (kathy@kathyhoekstra.com) writes from Saginaw, Michigan. This article was reprinted with permission from heartland. org, a product of The Heartland Institute (https://www.heartland.org/ news-opinion/news/epa-moves-to-scrap-wotus-rule).

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July / August 2017 17

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Biomass Under Fire – Again

ashington, D.C. – Writing in an issue paper published by Natural Resources Defense Council (NRDC), environmentalist Debbie Hammel skewers the biomass industry for insisting that burning biomass is sustainable and carbon neutral, on par with wind and solar energy. Both Hammel and the NRDC warn that the industry can’t be trusted to police itself. Hammel’s paper comes at the conclusion of an analysis of industry practices and sustainability conducted by NRDC and the Dogwood Alliance. She argues, “In fact, when all emissions are counted, forest biomass fuels—such as wood pellets made from whole trees and other large-diameter wood—emit carbon pollution comparable to, or in excess of, fossil fuels for more than five decades.” Logging in Southeastern United States has been accelerating to meet Europe’s soaring demand. Hammel and NRDC worry that proper policies have not been put into place and have gone head-to-head with biomass industry lobbyists over forest audit methodology, carbon credits schemes and wrongheaded policies. According to NRDC, the European Union’s coal-to-biomass plant conversions are being supported by billions of dollars in subsidies within the EU’s member states. The rapidly expanding biomass industry poses a serious risk to forest biodiversity in the U.S. Southeast, where the coastal plain has been recognized as a global biodiversity hotspot. The southeast region is home to some of the most biologically rich wetland forests in the country, known as bottomland hardwood forests. Onthe-ground investigations have shown repeatedly that the most unsustainable practices, such as clearcutting of wetland forests, are being used to source the biomass industry.

Researchers Announce a Way to Make Anaerobic Digestion Attractive

avis, CA – University of California researchers may have come up with a way to make anaerobic biodigestion more financially feasible, help meet the state’s goals for reducing methane gas emissions and improve crop nutritional value, according to a DailyDemocrat.com article. UC Davis has an anaerobic digester that was the brainchild of Ruihong Zhang, professor of biological and agricultural engineering. While campus the digester converts food waste from campus dining halls into electricity, it provides a laboratory for UC researchers looking for ways to make the technology pay. So far, field trials in tomato and corn crops show that a bio-fertilizer made from a by-product of the digester compares favorably with synthetic fertilizer. Zhang and UCD professor of Land, Air and Water Resources Kate Scow developed a process for turning the digestate into nutrient-dense pellet and liquid concentrate biofertilizers. Cost-wise, the approach has promise: field trial results showed that the fertilizer they made is comparable in cost or cheaper than four commercial organic fertilizers. Digesters are an expensive undertaking for farmers and communities looking for ways to recycle food and organic waste instead of sending it to landfill. If the researchers can find ways to commercialize or recycle the byproduct, the state could see more digesters being built. With cost as the major stumbling block to more widespread use of the technology, testing biofertilizers made in the campus digester is an attempt to see if the bottom line can be made just a little more favorable.

www.westsalem.com 18 Soil & Mulch Producer News July / August 2017

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Flap Continues Over Biosolids & Composting in St. Lucie County

t. Lucie County, FL – The St. Lucie County Commission has been considering two commercial composting proposals after turning down a pitch by CompostUSA to build a 189-acre facility, according to WPTV.com and TCPalm.com reports. In July, the Commission considered a measure that would allow commercial composting under a conditional use permit in Agricultural 5 zoning districts located west of Interstate 95. The ordinance would restrict all such composting to operations done in enclosed structures with roofs. No composting materials would be allowed outside the building. The facilities would be prohibited from causing “objectionable odors” past their property line and dust, insect, vermin and noise problems for their neighbors. Allowing the facilities as a conditional use allows the county to review each project on a case-by-case basis and revoke the permit of any facility not following the law. The proposed county ordinance would not apply to normal farming operations or backyard compost piles and bins, the article explains. Meanwhile, a plan by the 6,580-acre Sunbreak Farms to use biosolids to fertilize its crops has sparked public outcry. Sunbreak’s plan for spreading an estimated annual 20,000 tons of treated human waste on crops has raised concerns about bacterial, pharmaceutical and algae-inducing phosphorous into the adjacent C-25 waterway. The canal is 10 miles to Taylor Creek and the Indian River Lagoon.

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Under the proposed ordinance, a commercial composting facility: Must not cause nutrients and/or pathogens to enter any water body that flows into the St. Lucie River or Lake Okeechobee.

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Has to collect any water that comes in contact with the composting material and send it to a wastewater treatment facility.

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Has to do all composting activity in an enclosed building with a concrete or asphalt floor.

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Must have a stormwater system that can hold all the rain from a 72hour storm on site.

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Can’t be built on a flood plain.

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Can’t cause “objectionable odors” beyond the property line.

Can’t have composting material within 1,320 feet of the nearest offsite building. Can’t cause dust, insect, vermin or noise problems for neighbors. Has to wash trucks before they leave so they won’t track material off the site.

Can operate only from 8 a.m. to 6 p.m. weekdays. The commissioners previously turned down a proposal by CompostUSA to building a plant that would have processed up to 380 million pounds of sludge a year.

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Researchers Study Faster Anaerobic Digestion

www.compost.org

thaca, NY – Cornell University researchers have tested a new process that can speed the process of anaerobic digestion and produce two types of fuel: oil and methane, according to study findings published in Bioresource Technology. A team from Cornell’s Conversion Technologies Organics Research & Development Waste-to-Energy program essentially pressure cooked a mixture of polysaccharides, proteins, and lipids representing food waste, a process called hydrothermal liquefaction. The scientists measured the breakdown of organic matter at various time intervals and heat levels (200 and 350°C) to achieve a bio-oil. The remaining aqueous food waste was then anaerobically digested and converted into methane. Roy Posmanik, lead author of the study, says anaerobic digestion could take weeks to convert the food waste while adding this new process can create a more efficient system. “We’re talking about minutes in hydrothermal liquefaction and a few days in an anaerobic digester,” he says. The remaining aqueous food waste was then anaerobically digested and converted into biomethane, which also can be used as fuel. The paper, titled “Coupling Hydrothermal Liquefaction and Anaerobic Digestion for Energy Valorization from Model Biomass Feedstocks,” was co-authored by Rodrigo Labatut from the Pontifical Catholic University of Chile, Andrew Kim, Cornell class of 2017, and former post-doctoral researcher Joseph Usack. The research was supported by the United States-Israel Binational Agricultural Research and Development Fund, Cornell’s Atkinson Center for a Sustainable Future, the Cornell Energy Institute and the Chilean Fund for Science and Technology.

Farmland Preservation and Mulch Making at Odds in Maryland

www.orbitscreens.com 22 Soil & Mulch Producer News July / August 2017

ayton, MD – Residents of this rural Maryland town are concerned about a measure introduced by the County Council that would allow mulch production activity on land preserved for agriculture, reports BaltimoreSun.com. In July, a group of Howard County residents, led by the Dayton Rural Preservation Society, voiced opposition to allow industrial-scale mulch operations on preserved farmland. Citing groundwater contamination, risks of mulch fires, noise from increased truck traffic – all contributing to negative impacts on property values, the residents questioned the measure and also told the County Council they thought enforcement would be a challenge. The bill restricts acreage and the size of composting facilities and natural wood waste recycling facilities, as well as setbacks, distance from property lines, existing dwellings and existing streams and wetlands. The bill’s authors noted that mulch-making would only be allowed on agricultural land covered by a preservation easement if the activity is related to the farm’s business, such as a tree farm, where natural wood waste is created and can be recycled onsite. The group expressed concerns that clever businesses could find ways around the limits, however. The council members who introduced the current bill say their aim is to support farming activity, and that any mulch production (or composting) activity on farms enrolled in farmland preservation easements would be carried out as part of the farm’s core operations. A controversial attempt to allow conditional use permits for large-scale mulching on preserved farmland was blocked in 2014, led by the Dayton Rural Preservation Society, which was formed that year. In response, the council crafted the current zoning law.

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