July 24, 2024

To: All permitted C&D Processing Facilities and C&D Transfer Stations (permitted to accept >50 tons per day of C&D waste), together referred to as C&D Handling Facilities

Re: Incremental Increases in the C&D Process Separation Rate Minimum Threshold to 25% by 2030

As discussed at the May 2024 C&D Subcommittee Meeting, MassDEP is announcing the schedule of incremental increases in the Process Separation Rate (PSR) minimum threshold to 25% by 2030. Making incremental increases to the PSR requirement is intended to drive operational improvement at C&D processing facilities in support of one of the four main objectives of the C&D Action Plan memorialized in the 2030 Solid Waste Master Plan (SWMP): "Enhance Collection and Processing."

The schedule and applicability of incremental increases in the PSR minimum threshold can be found at the Updated Minimum Performance Standard for C&D Handling Facilities published on the MassDEP webpage at the following link: https://www.mass.gov/doc/minimum-performancestandard-for-construction-demolition-handling-facilities/download. The schedule of incremental increases in PSR minimum threshold is as follows:

The increases to the PSR minimum threshold become effective on January 1 of each year. In most cases, each facility needs to submit a revised Waste Ban Compliance Plan that reflects the schedule of incremental increases to the PSR minimum threshold through 2030 under a BWP SW 45 permit application form, which provides for presumptive approval under 310 CMR 19.034, no later than 60 days prior to the effective date of the next incremental increase (i.e., 11/01/2024). This form is available at: https://www.mass.gov/doc/attachment-g-complianceplan-form-for-facility-operators-2/download. The exception would be if the facility needs to install new equipment, or do construction to achieve compliance, or if the revised plan deviates significantly from MassDEP’s waste ban plan template. In that case, the facility should discuss their permit application with the MassDEP solid waste regional office.

When preparing the SW 45 presumptive approval permit application, please be sure to refer to the definitions of C&D materials found in the “C&D Handling Facilities” section (Part E, Section 4, pp. 10-11) of Attachment G “Waste Ban Compliance Plan Form for Facility Operators” for the most current descriptions (which can be found at the following link: https://www.mass.gov/doc/attachment-g-compliance-plan-form-for-facility-operators2/download).

If you have questions about any technical or operational requirements of your site-specific Waste Ban Compliance Plan, please contact the MassDEP solid waste regional office with responsibility for your facility.

If you have any questions or concerns about the implementation schedule or MPS policy requirements in general, please contact Michael Elliott at 617-571-0824 or by email at [email protected].