250 R.I. Code R. 250-RICR-140-05-8.12

Current through October 15, 2024

Section 250-RICR-140-05-8.12 - Compost Product Requirements and Distribution

A. Compost Quality Standards

1. This rule applies to compost produced in all types of composting facilities subject to §§ 8.5, 8.8, or 8.10 of this Part, as well as those composting operations in §§ 8.3 and 8.4 of this Part that are offering finished compost for sale or free distribution. The parameter limits for three classes of compost, Class "A", Class "B" and Class "C", are established in this section. [The allowed uses of these three classes of compost are provided in § 8.12(C) of this Part]. Any finished compost which does not meet the limits established for Class "A" or Class "B" compost shall be considered Class "C" where specific Class "C" limits for heavy metals are omitted.

2. Heavy Metal Limits - mg/kg (dry weight) - maximum allowed

Parameter	Class "A"	Class "B"
Arsenic	41	75
Cadmium	39	85
Chromium (total)	1200	3000
Copper	1500	4300
Lead	300	840
Mercury	17	57
Molybdenum	75	75
Nickel	420	420
Selenium	36	100
Zinc	2800	7500

3. Toxic Organics - mg/kg - maximum allowed

Parameter	Class "A"	Class "B"	Class "C"
PCB (total)	1.0	1.0	10

4. Pathogens - Pathogens include bacteria, viruses, protozoa, helminth and fungi. All classes of compost shall be produced from a process to further reduce pathogens (PFRP). Acceptable composting measures to result in PFRP conditions are provided in § 8.11(N)(5) of this Part. Additionally, all classes of compost produced from mixed solid waste shall have a fecal conform density less than 1,000 Most Probable Number per gram of total solids (dry weight) (1,000 MPN/gTS) OR a Salmonella density less than 3 Most Probable Number per 4 grams of total solids (3 MPNMgTS).

5. Foreign Matter - % dry weight - All classes of compost shall not contain glass, metal, etc. (i.e.: foreign materials) that exceed the limits below. The weight fraction of all foreign matter may be no greater than the limits as follows:

Parameter	Class "A"	Class "B"	Class "C"
Foreign matter	1%	2%	4%

6. Particle Size Distribution

a. Class "A" limit: 100% < 10mm (0.39") particle size

b. Class "B" limit: 100% < 10mm (0.39") particle size

c. Class "C" limit: 100% < 25mm (0.98") particle size

7. Electrical Conductivity (maximum soluble salts) - The optimal range for growing media, i.e., compost amended soil, is 0.5-4.5 mmhos/cm. Acceptable levels will vary according to end user application. Compost producers shall provide electrical conductivity information on labels or in other product literature, for the intended end-user application and comply with user industry standards.

8. pH - The acceptable pH level will vary according to end user application and will generally be in the 5.5-8.5 range. Compost producers shall provide pH information on labels or in other product literature, for the end-user application and comply with user industry standards.

9. Maturity and Stability

a. Class "A" compost and Class "B" compost shall be brown to black in color and shall have a reduction in organic matter, via the composting process, of at least 60% as measured by reduction in volatile solids. It shall be sufficiently stable, such that it does not reheat, upon standing, to greater than 20 degrees C above ambient temperatures. Other techniques or measures, subject to the approval by the Department may be substituted for the above to demonstrate an equivalent maturity and stability.

b. Class "C" compost shall be light to dark brown or brown to black in color and shall have a reduction in organic matter, via the composting process, of at least 40%, as measured by reduction in volatile solids. It may reheat, upon standing, to greater than 20 degrees C above ambient temperature. Although it may not be a very stable compost, it shall at least be of a state which does not create a nuisance (odor or vector) problem, during storage or when applied by the end-user. Other techniques or measures, subject to the approval by the Department, may be substituted for the above to demonstrate an equivalent maturity and/or stability.

c. Relative to compost pile stability, temperature measurements, to determine reheat characteristics, shall be at a point two feet into the pile from its outside surface.

d. Additionally, all classes of compost produced from waste that included sewage sludge and/or septage as a co-composting material shall be produced from a composting process, whereby the temperature of the composting waste is kept at 40 degrees C for at least 14 days and the average temperature of the composting waste during this 14 day period is greater than 45 degrees C.

B. Compost Sampling and Testing Requirements

1. (This rule applies to all composting operations/facilities subject to §§ 8.3, 8.4, 8.5, 8.7, or 8.9 of this Part.)

a. Parameters in Set #1 include heavy metals (arsenic, cadmium, chromium (total), copper, lead, mercury, molybdenum, nickel, selenium, and zinc), total solids, total volatile solids, total Kjeldahl nitrogen, ammonia nitrogen, nitrate, nitrite, total phosphorus, total potassium, and pH.

b. Parameters in set #2 include PCB's (total), % foreign matter, particle size distribution, electrical conductivity (soluble salts), and product stability (°C reheat or other approved measure).

(1) The Department may decrease or increase the frequency of required sampling and testing due to changes in the makeup of the facility's input waste stream, results of the monitored data, changes in the rate of compost production, or other appropriate factors.

(2) The Department may add or delete parameters to be analyzed due to changes in the make-up of the facility's input waste stream, changes in the pre-processing of waste prior to composting, results of the monitored data, Federal requirements (if any), or other appropriate factors.

2. QA/QC Requirements

a. Sampling and analysis shall be performed, using approved EPA protocols (and per the facility's QA/QC plan that has been approved by the Department, for large-scale composting facilities).

b. All analyses must be performed by a laboratory acceptable to the Department.

c. Reports of Analyses shall include copies of laboratory results with all results reported on a dry weight basis except pH, total solids, and total volatile solids.

3. Sampling and Testing Schedule (for final product)

a. For Small-Scale Composting Operations that sell or freely distribute finished compost, the sampling and testing frequency shall not be less than as follows:

(1) First year of operation - The small-scale composter shall sample and test the finished compost once during the first year for parameter sets #1 and #2.

(2) Subsequent operating years - The sampling and testing frequency may be reduced to biennially for parameter sets #1 and #2.

(3) The frequency of sampling and testing may be further reduced or discontinued if the facility has established, through past test results submitted to the Department, that the finished compost product meets Class "A" compost standards and the facility maintains existing operating procedures. Any changes to facility operating procedures or changes to the types of wastes received by the facility may require increased sampling and testing frequency.

(4) All analysis shall be performed on samples composited from no less than three (3) grab samples, unless specific analysis protocol requires otherwise (i.e.: specific analytical protocols may require analysis of grab vs. composite samples).

b. For Medium-Scale Composting Facilities that sell or freely distribute finished compost, the sampling and testing frequency shall not be less than as follows:

(1) First year of operation - The medium-scale composter shall sample and test the finished compost once during the first year for parameter sets #1 and #2.

(2) Subsequent operating years - The sampling and testing frequency may be reduced to annually for parameter sets #1 and #2.

c. For large-scale composting facilities, the frequency of sampling and testing shall be performed as prescribed in the facility's approved QA/QC plan. Additionally, this sampling and testing frequency shall not be less than the schedule shown below except as follows: The frequency of sampling and testing may be reduced or discontinued if the facility has established, through past test results submitted to the Department, that the finished compost product meets Class "A" compost standards and the facility maintains existing operating procedures. Any changes to facility operating procedures or changes to the types of wastes received by the facility may require increased sampling and testing frequency.

Parameter Set	Average Compost Produced	Frequency of Analysis*
#1	<1 dry ton/day	Semi-annually
#1	1-10 dry ton/day	Monthly
#1	>10 dry ton/day	Weekly
#2	<10 dry ton/day	Annually
#2	1-10 dry ton/day	Semi-annually
#2	>10 dry ton/day	Monthly
*All analysis shall be performed on samples composited from no less than three (3) grab samples, unless specific analysis protocol requires otherwise (i.e.: specific analytical protocols may require analysis of grab vs. composite samples).

d. The frequency of sampling and testing may be reduced or discontinued if the facility has established, through past test results submitted to the Department, that the finished compost product meets Class "A" compost standards and the facility maintains existing operating procedures. Any changes to facility operating procedures or changes to the types of wastes received by the facility may require increased sampling and testing frequency.

C. Compost Utilization, Distribution, and Labeling Requirements

1. This rule applies to compost produced in all types of large-scale composting facilities subject to §§ 8.5, 8.7, or 8.9 of this Part. Small-Scale Composting Operations and Medium-Scale Composting Facilities, subject to §§ 8.3 and 8.4 of this Part respectively, and that can only sell or freely distribute their Class "A" finished compost, are only subject to § 8.12(C)(1) (a) of this Part. Class "A", Class "B", and Class "C" compost are defined, according to compost quality standards in § 8.12(A) of this Part. Any facility that produces and/or distributes compost must comply with the Department's Office of Natural Resource Services Commercial Fertilizer Law, R.I. Gen. Laws Chapter 2-7, and any other Rules and Regulations pertaining to fertilizer and soil amendment products. All fertilizer and soil amendment products must be registered with the RIDEM Division of Agriculture before being offered for sale.

a. Class "A" Compost

(1) Class "A" Compost Utilization: Unrestricted use - this class of compost may be distributed for agricultural and non-agricultural use including, but not limited to, the following:

(AA) Agricultural uses.

(BB) Homeowner use.

(CC) Nurseries and tree farms.

(DD) Floriculture and turf-grass production.

(EE) Other agricultural and horticultural uses.

(FF) For landscape applications, including also highway medians and roadsides.

(GG) For public parks and grounds, sports fields and stadiums, golf courses, cemeteries, and similar applications.

(HH) On forest land.

(II) For land reclamation.

b. Class "A" Compost Distribution and Labeling:

(1) Bagged or Packaged Compost - All compost that is bagged or distributed in any other packaged form shall be properly labeled. The label shall appear on the face or display side of the container and the label shall contain, at a minimum, the following information in a readable and conspicuous form:

(AA) Net weight or volume of the contents.

(BB) Brand name, which shall include in its name or in a separate section of the label, an indication that it qualifies as R.I. Class "A", Class "B", or Class "C" compost (per compost quality standards within § 8.12(A) of this Part.

(CC) The type of waste the compost product was derived from, including a listing of wastes that make-up the waste stream that was composted, any bulking agents, and any co-composting materials or wastes.

(DD) Recommended safe uses.

(EE) Any restrictions (prohibitions) on use of the product.

(FF) Directions for application to soil (to include recommended land application rates).

(GG) Name and address of the registrant (distributor).

(HH) Warning to keep out of reach of children.

(II) Electrical conductivity, and pH ranges of compost and the acceptable levels according to end user applications.

(JJ) If the recommended land application method does not include mixing or blending this product with existing on-site soils, then a statement that the product is "lead safe" but not "lead free" must appear on the package. If the product is "lead free", then no statement is required.

(2) Unpackaged or Bulk Distribution of Class "A" Compost -Unpackaged or bulk distribution shall mean Class "A" compost that are sold or given away in bulk (not in a bag or container) for application to the land. Class "A" compost that is sold or given away in a container holding more than fifty (50) pounds of Class "A" compost shall be considered unpackaged distribution. The requirements for the distribution of unpackaged Class "A" compost is based on volume as follows:

(AA) Less Than Ten (10) Cubic Yards - Any distributor of Class "A" compost must provide, in writing, to all users taking less than ten (10) cubic yards per day the same information as required for bagged or packaged compost.

(BB) More Than Ten (10) Cubic Yards - Any distributor of Class "A" compost must provide a "User's Guide" to all users taking more than ten (10) cubic yards per day, in addition to the information required for bagged or packaged compost distribution. The "User's Guide" must be approved by the Department, and must include instructions on the proper use of the product for various applications.

(3) The distributor must maintain written records of the following information:

(AA) The date the Class "A" compost was taken; name of user; amount of Class "A" compost taken, and its intended use and location; and signatures of the operator and the user.

(BB) The distributor must also indicate in the records that the user received a "User's Guide". Said records must be available for inspection at all times.

2. Class "B" Compost Utilization and Distribution: This class of compost may be distributed for agricultural and non-agricultural applicants with Department approval, and must be limited to bulk distribution only. Restrictions apply on use where crops are produced for direct human consumption, residential/homeowner use, any use with unrestricted public access, or any use where excessive ingestion of soil/dust may occur by children under seventy-two (72) months of age. All projects and/or locations utilizing Class "B" compost must obtain advance approval from the Department.

a. Agricultural Utilization of Class "B" Compost - This sub rule applies to the utilization of Class "B" compost as a fertilizer and/or soil amendment to enhance agricultural lands. Such uses may include, but are not limited to nurseries and tree farms, floriculture, and turf grass production.

(1) Soil Analysis - Soil from the proposed land application site must be tested for metals and for the parameters listed in § 8.12(A) of this Part. The Director shall determine the testing and reporting frequency. All soil analyses shall be the responsibility of the applicant.

(2) Land Application Rates - All Class "B" compost intended for agricultural utilization must be applied at an annual rate not to exceed the amount necessary to supply adequate available nitrogen for crop production using good agricultural practices or not to exceed the maximum annual rates recommended by the U.S. Department of Agriculture to achieve fertilizer benefits and soil improvement.

(3) Cumulative Loading Rates - The maximum amount of Class "B" compost that can be applied to a land application site shall be subject to satisfying either:

(AA) Federal or Department determined Annual Pollution Loading Rate Limits (as determined by the Department's Office of Water Resources), or

(BB) Federal or Department determined Cumulative Pollution Loading Rate Limits (as determined by the Department's Office of Water Resources);

(CC) The amount of metals in the soil shall be deducted from each calculation.

(4) Crops - Food chain crops with harvested parts that touch the Class "B" compost/soil mixture and are totally above the land surface shall not be harvested for fourteen (14) months after application of Class "B" compost. Food chain crops with harvested parts below the surface of the land shall not be harvested for twenty (20) months after application of Class "B" compost when the Class "B" compost remains on the land surface for four (4) months or longer prior to incorporation into the soil. Food chain crops with harvested parts below the surface of the land shall not be harvested for thirty-eight (38) months after application of Class "B" compost when the Class "B" compost remains on the land surface for less than four (4) months prior to incorporation into the soil. Food chain crops with harvested parts that do not touch the Class "B" compost/soil mixture, feed crops and fiber crops shall not be harvested for thirty (30) days after application of Class "B" compost. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, the requirement above may be waived. Soil pH must be maintained at 6.5 or higher to reduce solubility and plant uptake of heavy metals.

(5) Animal Grazing - Animals whose products are consumed by humans shall not be allowed to graze on land where Class "B" compost is applied for thirty (30) days after the last application of Class "B" compost has occurred. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.

(6) Turf - Turf grown on land where Class "B" compost is applied shall not be harvested for one (1) year after the last application of Class "B" compost has passed when the harvested turf is placed on either land with a high potential for public exposure or a lawn. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.

(7) Public Access - Public access to land where Class "B" compost has been applied shall be prohibited by the owner or operator until such time as vegetative growth has been established on the site or one (1) year has passed since the last application of Class "B" compost to land with a high potential for public exposure, such as a park or ball field or thirty (30) days has passed since the last application of Class "B" compost to land with a low potential for public exposure, such as private farmland. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.

(8) Frozen Ground - No Class "B" compost shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.

(9) Groundwater - A minimum of two (2) feet of soil is required between the lowest level of Class "B" compost and the highest water table level established during the seasonal high groundwater table period determined by the Department in accordance with the Department's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Part 150-10-6 of this Title. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of applied Class "B" compost.

(10) Surface Water - No Class "B" compost shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface water courses in the vicinity of the proposed Class "B" compost application site. Such monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner or operator. If the applicant demonstrates to the satisfaction of the Department that any runoff from the proposed project will not affect surface water, this requirement may be waived.

(11) Drinking Water Wells - No Class "B" compost shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class "B" compost shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any Rules and Regulations promulgated thereunder.

(12) Distance to Property Lines - No Class "B" compost shall be land applied within fifty (50) feet of a property line.

(13) Monitoring Wells - Groundwater monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner or operator.

(14) Erosion Control - All Class "B" compost application sites where the slope exceeds three (3) percent, or where runoff and erosion may result, shall be designed for appropriate erosion control measures (Rhode Island Erosion and Sediment Control Handbook, USDA, SCS, 1990). The maximum allowable annual soil loss shall not exceed three (3) tons per acre when applying the Universal Soil Loss Equation.

(15) Transportation - All Class "B" compost shall be transported in vehicles which are properly covered while in transit so as to prevent any dropping of Class "B" compost.

b. Non-Agricultural Utilization of Class "B" Compost - This sub rule applies to utilization of Class "B" compost as a fertilizer and/or soil amendment to enhance non-agricultural lands. Such uses may include, but are not limited to public parks and grounds, sand and gravel pit reclamation, roadsides and medians, silviculture, playgrounds, golf courses, ball fields and stadiums and cemeteries.

(1) Cumulative Loading Rates - The maximum amount of Class "B" compost that can be applied to a land application site shall be subject to satisfying either:

(AA) Federal or Department determined Annual Pollution Loading Rate Limits, or

(BB) Federal or Department determined Cumulative Pollution Loading Rate Limits;

(CC) The amount of metal in the soil shall be deducted from each calculation.

(2) Public Access - Public access to land where Class "B" compost is applied shall be prohibited by the owner or operator until such time as vegetative growth has been established on the site, or one (1) year has passed since the last application of Class "B" compost to land with a high potential for public exposure, such as a park or ball field or thirty (30) days has passed since the last application of Class "B" compost to land with a low potential for public exposure, such as a sand and gravel pit reclamation site. If a land application site receives Class "B" compost which meets the pathogen limits established for Class "A" compost, this requirement may be waived.

(3) Frozen Ground - No Class "B" compost shall be applied to frozen, flooded or snow-covered ground unless appropriate erosion and runoff control measures are provided.

(4) Groundwater - A minimum of two (2) feet of soil is required between the lowest level of Class "B" compost and the highest water table level established during the seasonal high groundwater table period determined by the Department in accordance with the Department's Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems, Part 150-10-6 of this Title. In addition, a minimum of three (3) feet of soil is required between the highest level of bedrock and the lowest level of applied Class "B" compost.

(5) Surface Water - No Class "B" compost shall be land applied within fifty (50) feet of any body of surface water or within one hundred (100) feet of any body of surface water within the watershed of a public drinking water supply. The Director, may, if necessary, require continuous monitoring of any surface water courses in the vicinity of the proposed Class "B" compost application site. Such monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner. If the applicant demonstrates to the satisfaction of the Department that the proposed project will not affect surface water, this requirement may be waived.

(6) Drinking Water Wells - No Class "B" compost shall be land applied within fifty (50) feet of any private drinking water supply well or within four hundred (400) feet of any public drinking water supply well. Land application of Class "B" compost shall be in accordance with the Rhode Island Groundwater Protection Act of 1985, R.I. Gen. Laws Chapter 46-13.1 and any Rules and Regulations promulgated thereunder.

(7) Distance to Property Lines - No Class "B" compost shall be land applied within fifty (50) feet of a property line.

(8) Monitoring Wells - Groundwater monitoring shall be of a type and frequency determined by the Director on a case-by-case basis and shall be the responsibility of the owner or operator.

(9) Erosion Control - All Class "B" compost application sites where the slope exceeds three (3) percent, or where runoff and erosion may result, shall be designed for appropriate erosion control measures (Rhode Island Erosion and Sediment Control Handbook, USDA, SCS, 1990). The maximum allowable annual soil loss shall not exceed three (3) tons per acre when applying the Universal Soil Loss Equation.

(10) Transportation - All Class "B" compost shall be transported in vehicles which are properly covered while in transit so as to prevent any dropping of Class "B" compost.

3. Class "C" Compost Utilization and Distribution - This class of compost is restricted to use in locations with limited public access and must be limited to bulk distribution only. All projects and/or locations utilizing Class "C" compost must obtain advanced approval from the Department, and allowable uses are limited to the following:

a. Landfill cover material (if approved by the landfill)

b. Other uses, if approved by the Department, on a case-by-case basis, and which may be subject to satisfying either:

(1) Federal annual pollution loading rate limits or Department determined annual pollution loading rate limits, or

(2) Federal cumulative pollution loading rate limits or Department-determined cumulative pollution loading rate limits. The amount of metal in the soil shall be deducted from each calculation.

c. Transportation - All Class "C" compost shall be transported in vehicles which are properly covered while in transit so as to prevent any dust or dropping of Class "C" compost.

4. Unlabeled Compost - Any bagged or packaged compost that does not contain all of the required information on the label and/or any bulk compost that does not have the required accompanying hand-out or other form of hard copy per §§ 8.12(C)(1), (2), and (3) of this Part shall be considered solid waste and must be handled and disposed per Department solid waste disposal requirements, unless otherwise approved by the Department for use as compost or for other applications. This shall apply to compost produced from facilities in Rhode Island, as well as in other states, and distributed/marketed in Rhode Island for land application in Rhode Island.

5. Improperly Labeled Compost

a. Any bagged or bulk compost that is not in compliance with the required labeling details, per §§ 8.12(C)(1), (2), and (3) of this Part respectively, shall be considered solid waste and must be handled and disposed per Department solid waste disposal requirements, unless otherwise approved by the Department for use as compost or for other applications. This shall apply to compost produced from facilities in Rhode Island, as well as in other states, and distributed/marketed in Rhode Island for land application in Rhode Island.

b. No information or statement shall appear on any package, label, written handout, delivery slip, or other form of hard copy, or in any advertising matter, which is false or misleading to the purchaser as to the use, value, quality, analysis, or composition.

c. No person shall distribute or market an adulterated compost. The compost shall be deemed to be adulterated if:

(1) It contains any deleterious or harmful agent in sufficient amount to render it injurious to beneficial plant, animal, or aquatic life when applied in accordance with directions for use on the label (or on any written hand-out or other form of hard copy, relative to bulk compost), or

(2) Adequate warning statements and directions for use, which may be necessary to protect plant, animal, or aquatic life are not shown upon the label (or on any written hand-out or other form of hard copy, relative to bulk compost), or

(3) Relative to compost to be distributed/marketed as a soil amendment, if soil amending ingredients are listed or guaranteed on the label (or on any written hand-out or on other form of hard copy relative to bulk compost) and if the actual composition of such ingredients falls below or differs from that which it is purported to possess by its labeling, or

(4) The compost is to be distributed/marketed as a soil amendment and the compost contains unwanted crop or weed seed or primary noxious or secondary noxious weed seed.

6. Other Soil Amendment Considerations

a. If the compost is to be distributed/marketed as a soil amendment, then no soil-amending ingredient may be listed or guaranteed on labels (or on any written handouts or other form of hard copy, relative to bulk compost) without the permission of the Director. The Director may allow a soil-amending ingredient to be listed or guaranteed if satisfactory supporting data is provided to the Director to substantiate the value and usefulness of the soil amending ingredients.

b. If the compost is to be distributed/marketed as a soil amendment, then each identified product (brand) shall be registered before being distributed/marketed in Rhode Island. The application for registration shall be submitted to the Director on application forms furnished or approved by the Director and shall be accompanied by a fee of fifty ($50.00) dollars per product. The manufacturer of the compost shall submit to the Director a copy of the label (or written hand-out or other form of hard copy, relative to bulk compost) and any advertising literature proposed to be used, and these shall accompany the application for registration for each identified product. Prior to approving the application for registration of each product, the Director may require evidence to substantiate any claims made on the label, in written hand-outs or other forms of hard copy, or in advertising literature and the Director may also require proof of the value or usefulness of the compost. If the Director approves the registration application, then a certified copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year.

c. If the compost is to be distributed/marketed as a soil amendment, then it may be subject to additional considerations, per regulatory oversight by the Rhode Island Division of Agriculture, as authorized by R.I. Gen. Laws Chapter 2-22.

D. Distribution and Marketing of Out-of-State Compost in Rhode Island

1. This rule applies to compost produced at an out-of-state composting facility (where the composting facility is of a type included under § 8.5, 8.7, or 8.9 of this Part or any composting operation of the type described in §§ 8.3 and 8.4 of this Part that offers its finished compost for sale), which in turn is distributed and marketed in Rhode Island.

a. Compost Quality Standards:

Compost produced at an out-of-state composting facility which has not been approved by the Department for use in Rhode Island or which does not at least meet quality standards for Rhode Island Class "C" compost, per § 8.12(A) of this Part, or which is produced by a composting facility which has not complied with the regulatory requirements of the state in which it is located, shall be deemed to be solid waste upon transfer to Rhode Island (unless it is determined to be hazardous waste) and shall be managed as such.

b. Allowable Uses:

Compost produced at out-of-state composting facilities may be marketed in Rhode Island in accordance with the allowed uses for compost produced in Rhode Island, per § 8.12(C) of this Part.

c. Sampling and Testing Requirements

Compost produced at out-of-state composting facilities must be sampled and tested in accordance with sampling and testing requirements for compost produced at Rhode Island composting facilities; per § 8.12(B) of this Part, prior to distribution and marketing in Rhode Island.

d. Storage Requirements

Any compost at an out-of-state composting facility, proposed for distribution and marketing in Rhode Island, shall not have been stored more than twelve months.

e. Distributor Request for Approval to Distribute. Prior to initial distribution of the out-of-state compost in Rhode Island the distributor must obtain written approval of the Department. The distributor shall submit a written request for approval, which must contain at least the following:

(1) A copy of the permit, license, or other approval, if required, for the composting facility that produced the compost and the applicable Rules and Regulations from the state in which the compost is generated.

(2) Laboratory reports of results for a minimum of three analyses of the compost.

(3) A description of the process to further reduce pathogens (PFRP) employed by the composting facility that produced the compost, with appropriate monitoring data, as determined by the Department.

(4) A description of the distribution method, quantity of compost that will be distributed in Rhode Island, and proposed use(s) of the compost. If end-user(s) have been determined, the name and address of the user and the location of the site where the compost will be applied and purpose of application.

(5) If bagged compost (Class "A") will be distributed, a copy of the label to verify the information complied with Rhode Island requirements for labeling, per § 8.12(C)(1) of this Part, or is acceptable to the Department.

(6) If bulk compost will be distributed, a copy of printed literature for the product, to verify the information provided to the user complies with Rhode Island requirements, per § 8.12(C) of this Part, or is acceptable to the Department.

(7) If any compost will be stored in Rhode Island, prior to distribution to the end-user, the address of the storage facility, a description of the storage facility, and volume of compost to be stored and storage duration.

f. Compost Distribution Reporting Requirements. Each out-of-state distributor of compost, generated from an out-of-state composting facility and distributed to Rhode Island, shall submit an annual report to the Department within 60 days after the start of the calendar year. The report shall include, at least the following:

(1) The type and source of waste the compost is derived from.

(2) All information and analytical results, per sampling and testing requirements.

(3) The quantity of compost distributed in Rhode Island within the past year.

(4) A description of the product distribution in Rhode Island.

250 R.I. Code R. 250-RICR-140-05-8.12

Amended effective4/22/2020