California Department of Resources Recycling and Recovery (CalRecycle) 

Proposed Regulations

Transfer/Processing: Secondary Material Processing Facilities and Operations Rulemaking

Description

The Department of Resources Recycling and Recovery (CalRecycle) will make revisions to the transfer/processing regulations as a result of the approved emergency regulations for glass container processing operations. The emergency regulations for glass container processing operations became effective on October 4, 2016. Emergency regulations were developed to provide immediate oversight of glass processing activities that do not meet the three part test since existing regulations did not recognize glass processing activities. The emergency regulations define these activities as glass container processing operations and place them within the Enforcement Agency notification regulatory tier. These operations are required to comply with transfer/processing state minimum standards and be subject to quarterly inspections.

CalRecycle has become aware that some processors receive loads of material separated for reuse that may contain plastic, paper, metal, dirt, etc. If a facility handles materials separated for recycling and in processing the material ends up disposing of more than 10 percent of what was received, the facility can be determined to be a solid waste handling site.

After receiving comments from the December 21, 2016 workshop, CalRecycle staff revised the regulations to define processors as secondary material processing facilities and operations and to include other similar materials such as plastics, paper, and cardboard. Secondary material processing facilities and operations are placed within CalRecycle’s enforcement agency notification and registration permit regulatory tier and are subject to the appropriate regulatory requirements to ensure protection of public health and safety and the environment.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 3.

Current Status and Documents

The Director adopted the final draft of the proposed Secondary Material Processing Facilities and Operations regulations on October 12, 2017 and directed staff to submit the final rulemaking file to the Office of Administrative Law for approval and publishing.

The Director approved of the Categorical Exemption for the proposed Secondary Material Processing Facilities and Operations regulations and directed staff to submit a Notice of Exemption to the State Clearinghouse for filing.

Contact

Martin Perez

Historical Information

Rulemaking History

  • CalRecycle staff prepared responses to all stakeholder comments received during the 45-day comment period from July 28, 2017 to September 11, 2017 and the September 12th Public Hearing.
  • On September 12, 2017, CalRecycle staff held a public hearing to receive oral and written comments.
  • On July 14, 2017, CalRecycle staff submitted a regulatory packet to the Office of Administrative Law to initiate the formal rulemaking process. The 45-day comment period for this rulemaking began on July 28, 2017, and ended on September 11, 2017.
  • At the April 18, 2017 monthly meeting, the Director approved the secondary material processing regulations and directed staff to submit the regulatory packet to the Office of Administrative Law to initiate the formal rulemaking process under the California Administrative Procedure Act. Staff will conduct an economic and fiscal impact analysis of the regulations and develop the Initial Statement of Reasons prior to submitting the regulatory packet to the Office of Administrative Law.
  • On March 15, 2017, CalRecycle staff held a workshop to discuss an informal draft of the proposed regulations after received comments at the December 21, 2016 workshop.
  • On December 21, 2016, the Department of Resources Recycling and Recovery (CalRecycle) held a workshop.
  • On October 4, 2016, the Office of Administrative Law approved the emergency regulations governing glass container processing operations.

Documents

  1. Final Secondary Material Processing Facilities and Operations Regulations, September 2017

  2. Final Statement of Reasons, September 2017

  3. Signed Request for Approval and Adoption of Regulations, October 2017

  4. 45-Day Comment Period and Public Hearing Response to Comments, September 2017

  5. Initial Statement of Reasons, June 2017
  6. Notice of Proposed Rulemaking, July 2017
  7. Proposed Regulatory Text, March 2017
  8. Proposed Regulatory Text, February 2017)
  9. Finding of Emergency Memorandum
  10. Proposed Regulatory Text, April 2016)
  11. Office of Administrative Law Approval Document
Last updated: October 17, 2017
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: LegalSec@calrecycle.ca.gov (916) 327-0089