Proposal to add materials to the Off-Farm Anaerobic Digestion Materials Protocol

In Ontario, the Nutrient Management Act, 2002 (NMA) provides for the management of materials containing nutrients in ways that will enhance protection of the natural environment and provide a sustainable future for agricultural operations and rural development. The responsibility for the NMA is shared jointly between the Ontario Ministry of Agriculture, Food and Agribusiness (OMAFA) and the Ministry of the Environment, Conservation and Parks (MECP).

Currently, the NMA and the General Regulation (O. Reg. 267/03) regulate farm-based anaerobic digestion facilities that mix on-farm anaerobic digestion materials (e.g., manure, corn silage) and off-farm anaerobic digestion materials (e.g. organic waste material derived from food processing at specified locations). O. Reg. 267/03 provides that a person who owns or controls an agricultural operation that receives off-farm anaerobic digestion materials for treatment through mixed anaerobic digestion in a Regulated Mixed Anaerobic Digestion Facility (RMADF) must have an approved nutrient management strategy.

An agricultural operation with a RMADF is permitted to take in a limited amount of lower risk off-farm materials as digestion feedstocks. The types of off-farm anaerobic digestion materials permitted to be used in a RMADF are restricted to those listed in Schedules 1 and 2 of the Off-farm Anaerobic Digestion Materials Protocol (Protocol). These materials are generally organic waste matter from the production of food, animal feed, pet food, ethanol, and biodiesel. The Protocol is jointly authored by OMAFA and MECP and is adopted by reference in O. Reg. 267/03 under the NMA.

Updates to the Protocol are proposed to resolve current inconsistencies regarding the eligibility of ingredient-based waste materials for RMADF use. Updates to the Schedules of the Protocol would allow organic waste materials from the production of ingredients used in food, animal feed, pet food, ethanol, and biodiesel production to be eligible for RMADF use, irrespective of the ingredients’ production location.

The current Protocol provides that organic waste materials from the production of any ingredients are only eligible for RMADF use if they are produced on-site at a food, animal feed, pet food, ethanol, or biodiesel production facility (like any other organic waste materials from the facility). Organic waste materials resulting from the off-site production of ingredients are currently ineligible for RMADF use.

Addressing these inconsistencies would require updates to the following Schedules in the Protocol:

• Schedule 1 – off-farm anaerobic digestion materials
• Schedule 2A – off-farm anaerobic digestion materials, limited

It is not anticipated that any significant additional risks or environmental impacts would result from these changes, as organic waste materials resulting from the off-site production of these ingredients are similar to existing materials eligible for RMADF use (e.g. organic waste materials resulting from the production of these ingredients on-site at a facility).

By enabling more materials to be eligible for RMADF use, the proposal would help reduce burden for food, animal feed, pet food, ethanol, and biodiesel ingredient manufacturers by creating more low-cost, waste diversion opportunities. The proposal would also create opportunities for farmers to receive more high quality off-farm waste materials for RMADF use, potentially increasing biogas production efficiencies.

The proposed additions to the Protocol would not result in any increased burden or compliance costs to ingredients manufacturers. The Protocol additions would allow more materials to be used in RMADF and create more low-cost, waste diversion destinations for food, animal feed, pet food, ethanol, and biodiesel ingredient manufacturers. It is estimated this could result in an average annual cost savings of $1.22 million for the industry and up to $12.2 million in cost savings over ten years.