Dive Brief:
- Washington's Department of Ecology is exploring requirements around pre-processing of organic waste as part of an update to its organics management statutory language. The proposal came nearly two years after the state passed a law which required compost collection starting in 2027 for residents of “urbanized areas” and directed the Department of Ecology to study food donation and recovery infrastructure.
- The proposal would require organic recyclers to ensure their feedstock have contamination levels at or below 2%. It would also clarify other expectations about responsibility for contaminated loads, among other changes.
- In comments submitted to the state, anaerobic digestion proponents have been largely supportive of the proposal, while composters worry the current language places the burden on them to deal with contamination in the organic waste stream.
Dive Insight:
Over the last 15 years, a growing number of states have begun to enact organics diversion policies. Organic waste is a major contributor to greenhouse gas emissions from landfills, and among the largest categories of landfilled waste.
Some regulators want to reduce those emissions and recover the material for beneficial reuse. But educating residents, businesses and local governments to minimize contamination in the waste stream has proven challenging.
Vermont, which is one of just two states to have a near-total ban on organic waste disposal, last year became the first to wade into regulatory language around depackaging. The state informally allowed depackagers, which use mechanical processes to separate organic waste from packaging, to begin commingling packaged organic streams from large generators with cleaner organic streams in 2020. Composters opposed the policy, which they said takes away tonnages from their own operations, leading to a debate that remains ongoing.
Washington is on a path to increase the amount of organic waste it can divert. In October, the state published a compost market study intended to analyze the amount of feedstock processed and compost produced statewide as a result of the new organics management laws. The study determined that the amount of organic material recovered would rise from about 1 million tons per year in 2023 to more than 3 million tons by 2035. The amount of finished compost, meanwhile, is expected to rise from about 1.25 million cubic yards in 2023 to 1.95 million cubic yards in 2035.
The state determined that its materials management sector is "mature" and able to successfully respond to this projected increase in tonnage. It also noted that composters currently accept organic material from out of state, but some of that tonnage may be displaced by in-state material as collection increases.
Washington's draft regulatory language does not specify the technology needed to decontaminate organic waste streams, meaning facilities could use depackaging equipment or hand sort. The proposal requires feedstock used by organics recyclers to have 2% or less of contamination. It also requires finished product to contain 0.5% or less of physical contaminants and 0.1% or less of film plastics by dry weight.
If a load is deemed to be too contaminated, recyclers have a right to refuse it, leaving the hauler responsible for its disposal.
Some composters have come out against the proposal. The standards would allow "mixed food waste, packaging, garbage to be collected together and sorted later," Jay Blazey, general counsel for Cedar Grove Composting, said. In an emailed statement, he noted composters do not have control of what arrives at their gate, and have already invested in equipment to manage contamination as best they can.
Alex Truelove, senior policy manager of the Biodegradable Products Institute, said the language could have the perverse effect of encouraging contamination in the stream of preconsumer organic waste because generators would not be responsible for removing packaging.
"All of the onus is now being put on composters," Truleove said in an interview in December. "We'd like to see more consideration around standards upstream."
Anaerobic digestion companies, meanwhile, have been more supportive of the proposal. Anaerobic digestion has historically played a minimal role in the recovery of organic material in Washington — the market study found that it handles about 6% of volumes of organic materials collected for "other recycling methods," a category that doesn't include composting.
But that may change as organics regulations evolve. Divert expects to open its Longview, Washington, depackaging and anaerobic digestion facility in the first quarter of this year. The company has previously said it will be able to process 100,000 tons of preconsumer food waste annually and produce renewable natural gas and digestate.
Chris Thomas, vice president of public affairs at Divert, said the company is comfortable with the state's proposed organics regulatory language because it sets a hard limit on contamination for the large volumes of industrial and preconsumer food waste. He noted consumer education campaigns can only go so far in reducing contamination, and processors need to ensure their finished products are part of a safe and effective recycling pathway for organic waste.
"Our industry cannot solve one environmental problem while creating another. Diverting food waste from landfills is necessary, but that effort fails if it results in microplastics being land-applied through compost or digestate," Thomas said.
Billy Kepner, director of government affairs and community relations at anaerobic digestion company Vanguard Renewables, similarly expressed support for the regulatory language. The company does not currently have a facility in Washington, but it has been exploring the region as part of its plan to grow a nationwide network of digesters.
"As more states adopt landfill bans and expand organics diversion requirements, strong contamination control measures and clear expectations for preprocessing and depackaging become essential," Kepner said in an emailed statement. "High quality preprocessing is the foundation of any successful diversion program, and we support efforts that reinforce that across the industry."
