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Regulation of
Operations that Handle either PIF (post-incineration ferrous) or Muni-ferrous
(pre-incineration ferrous)

Bureau of Waste Prevention

________________________________________

James C. Colman, Assistant Commissioner

12/12/2004

Date

Purpose:  The purpose of this policy is to document the
Department of Environmental Protections determination regarding the
applicability of current solid waste site assignment regulations, 310
CMR 16.00 and solid waste facility permitting regulations, 310 CMR 19.00
to off-site operations that handle either PIF (post-incineration
ferrous) or muni-ferrous (pre-incineration ferrous).  These operations
are subject to the Determination of Need (DON) process in accordance
with 310 CMR 16.05(6)&(7). 

This policy supercedes
previous Department determinations regarding the applicability of solid
waste regulations to PIF and muni-ferrous operations.

The Department uses policy/guidance/decision
documents as a means to clarify, document and record regulatory interpretations
and/or for documenting resolutions of issues that are of special interest
to the regulated community.  Policies may also be used by the Department
to provide more information on a topic than is expressly stated in regulation.

This document is intended
solely as guidance for the handling of  PIF and/or muni-ferrous. 
This guidance does not constitute final agency action, and is not regulations
as that term is used in M.G.L. c. 30A.  This policy may not be
relied upon to create rights, duties, obligations or defenses, implied
or otherwise, enforceable at law or in equity, by any person in litigation
with DEP.  It does not create any substantive or procedural rights,
and is not enforceable by any party in any administrative proceeding
with the Commonwealth. Regulated sources continue to have responsibility
for being in full compliance with all applicable regulatory requirements.

Applicability:  This policy applies to any operation that
handles either PIF or muni-ferrous outside the limits of a solid waste
management facility permitted in accordance with 310 CMR 19.000, the
Solid Waste Management Facilities Regulations.  The term handling
means any activity that stores, transfers, processes or treats PIF or
muni-ferrous including, but not limited to, shredding, sorting or baling
activities.

Background:  A typical activity at some solid waste management
facilities (SWMF) is to remove metals from the municipal solid waste
(MSW) for recycling prior to disposal of the MSW.  This is generally
done by passing a magnet over the municipal solid waste to capture ferrous
metals and/or using some other separation technology for recovering
non-ferrous metals.  As a result of this separation process,
a material stream is produced that contains both metal (cans, etc.)
and residues.  Typically MSW is the unwanted residue that is inadvertently
captured along with the metal during the separation process.  This
combination of metal and MSW is generally referred to as muni-ferrous. 

At the end of the combustion
process at municipal waste combustors (MWC), a similar type of metal
recovery operation may occur.  Again, a magnet and/or some other
separation technology for recovering non-ferrous metals, is used to
recover the metals from the municipal waste combustors (MWC) ash for
recycling.  At the end of this process, some MWC ash residual remains
commingled with the metals.  This material is generally referred
to as post-incineration (or post-combustion) ferrous, or PIF. 

Both of these materials
(PIF and muni-ferrous), separated from solid waste, are generally sent
from the SWMF to metal shredding or baling operations off the site of
generation.  Metal shredding operations further process these materials
by removing the residuals (MSW or MWC ash) from the metals and reducing
the size of the recovered metal.    Metal shredding operations
typically use some combination of physical and mechanical methods to
separate the MWC ash or MSW from the metal.  Often this separation
is accomplished using hand picking, magnets, air separators, trommels
or other types of screening equipment.  In addition, shredding
equipment is often used to reduce the size of the recovered metals prior
to transfer to a recovery facility.  At baling operations, PIF
or muni-ferrous is consolidated by means of compacting equipment into
a smaller volume to facilitate the transportation of the material. 
The metals from both of these activities are then typically shipped
to a foundry or similar type of metal recovery/manufacturing facility
for recycling. Sometimes, an unwanted consequence of these separation/shredding/baling
activities has been the creation of nuisance conditions such as dust,
odor, noise or litter.

Solid Waste Regulation Applicability Determination: Operations
that handle PIF and/or muni-ferrous as described above are determined
by DEP to be a type of recycling operation for the handling of pre-sorted
recyclable materials provided the applicant demonstrates such through
the Determination of Need for Site Assignment (DON) process (16.05(6)&
(7)), to the Departments satisfaction.  PIF or muni-ferrous handling
operations that cannot demonstrate to the Departments satisfaction
that they are engaged in a recycling activity will be determined to
be solid waste handling facilities that require a site assignment under
310 CMR 16.00 and a solid waste facility permit in accordance with 310
CMR 19.000.

Because the generation
of residues (the amount of non-recyclable material) for operations that
handle PIF or muni-ferrous may often exceed 15%, the conditional exemption
for recycling operations at 16.05(3)(d) does not apply.  However,
the Determination of Need (DON) process allows for a case-by-case determination
of alternative residue generation rates based on an industry average
using the best available processing equipment for the type of material
being recycled.  In the case of metal shredding operations that
process PIF or muni-ferrous, the Department has determined, as a result
of information provided to the Department during the policy development
process and an evaluation of the PIF and/or muni-ferrous recycling process,
that the appropriate industry standard for residuals contained in these
material streams is often greater than 15%.  In addition, the Department
has determined that the residue generation rate is not a static number
and needs to be determined on a site-by-site basis as it is largely
dependent on the source of the material.  Also, because the metal
recovery rate is not static and because industry methods are changing,
and potentially improving, it is reasonable to have the recovery rate
reevaluated on a recurring basis to determine if the best available
recovery is occurring.  Therefore, the Department will allow operations
that handle PIF or muni-ferrous, such as metal shredders and balers,
to apply for a DON to demonstrate that best available metal recovery
is occurring so that they may be determined to be recycling operations
and not solid waste facilities.

PIF or muni-ferrous activities
or operations that cannot be approved through the DON process, because
they are not DON eligible, or for some other reason choose not to apply
for a DON, may apply for a solid waste site assignment  (310 CMR
16.00) and solid waste facility permit (310 CMR 19.000) for any activities
involving handling PIF or muni-ferrous.

When applying for DONs,
PIF or muni-ferrous operations shall address all the requirements specified
in the regulations at 16.05(6) & (7).  Specifically, the application
shall comprehensively address the performance criteria at 16.05(7)(d)
5.d.i. and 16.05(7)(d) 8. by demonstrating how any adverse impacts associated
with handling PIF or muni-ferrous, including but not limited to, dust,
odor, noise, vectors, litter, and stormwater, will be controlled. 

The controls
appropriate for the handling operation will depend on the type of activities
employed at that location.  For exa