California Department of Resources Recycling and Recovery (CalRecycle) 

December 2009 Board Meeting Summary

Date: January 6, 2010

To: All Local Enforcement Agencies

Board Meeting: December 15, 2009
Special Board Meeting: December 15, 2009 (AB 939-20th Anniversary)
Permitting and Compliance (P&C) Committee Meeting: No meeting in December
Strategic Policy Committee Meeting: December 8, 2009

Next Waste Compliance & Mitigation Program Status Workshop: January 11, 2010

December Meeting Action Summary

Agenda items are listed by agenda number below:

Actions Taken by the California Integrated Waste Management Board in December 2009 of Interest to Local Enforcement Agencies
Agenda Item Number Agenda Item Board Action Notes
1 Consideration Of Scopes Of Work And Contractors For Research To Evaluate Greenhouse Gas Emissions Associated With Products In Support Of AB 32 Scoping Plan Extended Producer Responsibility Measure (Committee Item B) Approved (Fiscal Consent) The Board approved the Scopes of Work and Regents of the University of California (Berkeley and Santa Barbara) to evaluate greenhouse gas emissions and other environmental, economic, and social impacts specific to California that are associated with various products. This action supports the AB 32 Climate Change Scoping Plan which has a climate action mitigation measure to achieve high recycling through Extended Producer Responsibility (EPR), and the Board's Strategic Directive on Producer.
2 Consideration Of Scope of Work and Contractor For Research To Evaluate Nitrous Oxide Emissions From Compost In Support Of AB 32 Scoping Plan Composting Measure (Integrated Waste Management Account, FY 2009/10
(Committee Item C)
Approved (Fiscal Consent) The Board approved the Scope of Work and the Regents of the University of California, Davis as the Contractor to evaluate nitrous oxide (N2O) and other greenhouse gas emissions from compost. Nitrous oxide (N2O) has a global warming potential impact 310 times greater than CO2, and agricultural soils are the single largest source of N2O emissions. Increasing compost production and use will help remove organic materials from the disposed waste stream, assisting the Board’s efforts under the Scoping Plan to reduce methane generation in landfills. Increased compost use may result in other greenhouse-gas-reducing benefits, because N2O emissions from agricultural soils are closely tied to use of synthetic N fertilizers. Using compost may increase the efficiency of use for high-embodied-energy fertilizers by decreasing N losses to air and water. By helping farmers use less fertilizer while growing the same amount of crops, composting may provide significant GHG savings in the agriculture sector.
3 Consideration Of Adoption Of Proposed (Phase II) Regulations On Long-Term Postclosure Maintenance, Corrective Action And Financial Assurances- (Committee Item D) Adopted After extensive research and input from stakeholders, the Board adopted the proposed regulations required by Public Resources Code 43050, added by AB 2296, which requires adoption of regulations (referred to as Phase II) to implement the findings of the study of various financial assurance mechanisms that would protect the State from long-term postclosure maintenance and corrective action costs. These regulations accomplish the following: (1) clarify reporting and approval requirements for transfer of landfill ownership; (2) clarify filing requirements and processing for permits; (3) clarify closure and postclosure maintenance cost estimate and plan requirements; (4) identify an approval schedule for amended postclosure maintenance plans for facilities closed prior to February 25, 2003; (5) amend the certification of closure requirements, and identify a submittal and review timeline; (6) create corrective action plan and cost estimate requirements for exposures not related to surface water or groundwater; (7) amend the financial assurance demonstration requirements for postclosure maintenance and known or reasonably foreseeable corrective action exposures of solid waste landfills; and (8) include appropriate cleanup language for clarity and consistency, including adoption of a new form CIWMB 114 to accompany submittal of a current financial demonstration.
  • Jan 2010–Prepare Formal Response to Comments and Final Statement of Reasons
  • Feb 2010–Legal Review
  • Feb 27, 2010–Deadline to submit to OAL
4 Status Report On Organics Policy Roadmap II And Presentation Of Organics Policy Roadmap III
(Committee Item E)
Discussion Staff presented an update on Roadmap II and introduced Roadmap III which will continue to manage various projects related to organics materials management, including Compost Best Management Practices and Benefits, Bioenergy and Biofuels, Landfill-Based Anaerobic Digestion Pilot Project, and Compost Cover Methane Reduction. Additional upcoming activities include continuation of Strategic Directive 8.3 regulations reviews; anaerobic digestion programmatic EIR; mandatory commercial recycling rulemaking; emerging technologies guidance document; Puente Hills Landfill closure efforts, K12 curriculum development; and outreach activities associated with these projects.
5 Consideration of the 2010 Annual Rulemaking Calendar (Committee Item F) Approved
(Committee)
The 2010 calendar lists 14 potential regulatory packages and was prepared with input from the Board's various divisions. Twelve rulemaking packages with new or revised regulations are being carried over from last year. Two new rulemaking packages were added:
  • Mandatory Commercial Recycling
  • AB 274 (Portantino) Trust Fund

Two rulemaking packages were dropped from the calendar because staff has determined that additional regulations in those areas are no longer necessary at this time:

  • Appointment of Hearing Officer/Panel
  • Cleanup Programs (Solid Waste; Farm and Ranch)

The 2009 rulemaking calendar listed 16 potential rulemaking packages.

During the past year, OAL approved 2 of the rulemaking packages:

  • Form 303–HHW Collection Information
  • Disposal Site Gas Monitoring and Control Compliance Deadlines
6 Discussion Of And Request For Direction On Draft Regulatory Language, And Discussion Of Rulemaking Plan, For The AB 32 Mandatory Commercial Recycling Measure (Committee Item G) Discussion The Board directed staff to move forward with the draft regulatory language to develop mandatory commercial recycling regulations. The Board, as lead agency, and in coordination with the ARB, is developing mandatory commercial recycling regulations that per the AB 32 Scoping Plan must be adopted by January 1, 2011, with the regulation in place by January 1, 2012. About two-thirds of all disposed solid waste in the state comes from the commercial sector, including larger multi-family dwellings and businesses that self-haul their solid waste materials. Based upon the Board's most recent statewide waste characterization study much of what is disposed in landfills still comes from the commercial sector and much of that is clean enough to be recycled. The mandatory commercial recycling measure in the AB 32 Scoping Plan is designed to achieve a reduction in greenhouse gas emissions of 5 million metric tons of carbon dioxide equivalents (MMTCO2E) by 2020, which will require recycling 2 to 3 million tons of materials per year by the year 2020. About 26 million tons of the solid waste disposed in California's landfills each year comes from the commercial sector so the goal should be relatively easily attained.
7 Discussion And Request For Rulemaking Direction On Noticing Revisions To The Existing Waste Tire Hauler Registration And Manifesting Regulations For An Additional 15 Day Comment Period Approved 15 day comment period The Board approved an additional 15-day public comment period for proposed revised regulations that prior to this revision had received a formal Disapproval letter from OAL based on issues relative to “clarity, consistency, necessity, and referencing documentation. The regulations process allows the Board to make any necessary revisions using an additional public comment period, adopt the revisions, and resubmit the regulations package to OAL within 120 days. Staff’s opinion is that OAL’s comments do not require major changes and a 15-day comment period is appropriate to the proposed revised regulations. The revised regulations will accommodate the commercial carriers by reducing necessary exemption paperwork to transport waste or used tires and allow the waste tire generators to assist the common carriers in completing the necessary manifest paperwork.
8 Presentation By The Institute For Local Government On The Model Commercial Recycling Ordinance From The Recycling and Solid Waste Management Concepts Contract And On The California Climate Action Network Presentation The Board heard a presentation of the contractor's research and development of a sample commercial recycling ordinance. The sample ordinance emphasizes policy choices at the local level. It is designed to be modified by individual agencies to reflect the unique circumstances of the city or county. The sample ordinance is voluntary for jurisdictions to adopt. The California Air Resources Board adopted the AB 32 Scoping Plan. That plan included a provision for mandatory commercial recycling. The Board is preparing regulations and expects them to be in place in late 2011.

December Meeting Quick Notes and Updates

  • AB 939 Celebration: The Board members were joined by many past Board members, Senator Sher and other local and industry stakeholders to celebrate the accomplishments of AB 939. Through the implementation of AB 939, California became the nation's leader in solid waste management and continues to create a better California for our citizens.
  • Department of Resources Recycling and Recovery:
    • The California Integrated Waste Management Board was eliminated on January 1, 2010. Senate Bill 63 (Strickland), signed by the Governor on July 28, eliminates the Board and conveys nearly all of its existing statutory authorities and resources to a new Department of Resources Recycling and Recovery, which is created in the Natural Resources Agency. The State’s recycling programs will be consolidated by moving the Division of Recycling, which administers the bottle and can program, from the Department of Conservation to the new recycling department as well. The bill transfers the Board’s Office of Education and Environment to the California Environmental Protection Agency (CalEPA).
    • The CIWMB e-mail addresses will become "calrecycle" . Example: jjones@ciwmb.ca.gov would become jessica.jones@calrecycle.ca.gov
  • Public Meetings: The next public meeting is scheduled for January 11. The Director has delegated permit determinations to the Deputy Director or Program Director that will be made within the next 30 days. Program staff will provide a status of each permit under consideration during the Workshop. Decisions on the permits being discussed will not be made during the Workshop. Members of the public who have an interest in a permit under consideration and wish to provide oral comments regarding it will be given time to provide comments. The Workshop is not the only means to provide comments on pending permits. Prior to a permit determination staff publish a Staff Report on the Department’s web page that presents staff analysis regarding the findings that need to be made for permit concurrence or denial. The Staff Report also contains a proposed recommendation regarding the concurrence or denial of the permit. The Staff Report notice provides a timeframe for public comment. Comments received in either fashion will be used to determine if a permit determination is controversial. If a permit determination is deemed controversial, it is elevated to the Director for consideration. These meetings will be held regularly to provide information on permits and other major decisions, regulatory activities, reports, grants, contracts, workshops and future program direction discussions that are taking place within each Division. The new Events Calendar will also have this information available.

Upcoming Events

See the LEA Training Calendar and Board Events Calendar

CIWMB has been approved by the Department of Public Health as an accreditation agency for REHS continuing education units (CEU) for appropriate CIWMB and other-sponsored training.

This all LEA email summarizing Board actions at this month's Board Meeting was sent on behalf of the LEA Outreach Training Support Branch of the California Integrated Waste Management Board (CIWMB), and Ted Rauh, Director, Waste Compliance and Mitigation Program.

Please note: Past emails and other correspondence are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

Date Released: January 6, 2010
LEA Correspondence, http://www.calrecycle.ca.gov/LEA/Mail/
Melissa Hoover-Hartwick: Melissa.Hoover-Hartwick@calrecycle.ca.gov (916) 341-6813