Proposed Regulations
Compostable Materials, Transfer/Processing
Description
Revision of existing Title 14 and Title 27 regulations regarding compostable materials, transfer/processing, permit application form, and permit exemptions.
Affected Regulatory Code Sections
- California Code of Regulations, Title 14, Division 7, Chapter 3.1., Article 1 commencing with section 17852
- California Code of Regulations, Title 14, Division 7, Chapter 3, Article 6 commencing with 17402
- California Code of Regulations, Title 27, Division 2, Chapter 4, Article 2 commencing with section 21570
Current Status and Documents
CalRecycle staff is developing initial discussion draft regulatory text for Issues 1, 2, 9 and 14 in the list of issues below. Please send comments on this informal draft text to compost.transfer.regs@calrecycle.ca.gov and identify the comments by Issue number (Issue 1, Issue 2, etc.). CalRecycle staff will use the comments to further develop the informal draft text; staff will not respond directly to comments received. Note: CalRecycle will publish stakeholder comments received on this website.
- Issue 1--Food waste definition
Initial Discussion Draft Text. (PDF, 360 KB) May 1, 2012. Expand the definition of food material and create a subcategory called “vegetative food material”. Please send initial comments on this informal draft text by May 31, 2012. - Issue 2--Land application: disposal or beneficial use
Initial Discussion Draft Text (PDF, 111 KB) May 1, 2012. Establish criteria for determining when use of compostable material and compost is considered disposal. Please send initial comments on this informal draft text by May 31, 2012. - Issue 3--On-site storage and 12,500 cubic yard limit
- Issue 4--Odor complaints: beyond zero tolerance
- Issue 5--Regulatory coordination of publicly owned treatment works (POTW) accepting food waste and fats, oils and grease (FOG)
- Issue 6--Green waste contamination
- Issue 7--Anaerobic Digestion facility permitting
- Issue 8--Regulatory coordination of meat, fish, and poultry waste
- Issue 9--Maximum metal concentrations consistency with
federal regulations
Initial Discussion Draft Text. (PDF, 181 KB) May 1, 2012. Revise regulations limiting the maximum concentrations of metals allowed in compost to reflect the changes adopted by US EPA. Please send initial comments on this informal draft text by May 31, 2012. - Issue 10--Clarify “processing” in agricultural material definition
- Issue 11--Small-scale composting exclusions
- Issue 12--Clarify “permitted maximum tonnage”
- Issue 13–-Vermiculture
- Issue 14--EA Notification Inspection frequency language
Initial Discussion Draft Text. (PDF, 175 KB) May 1, 2012. Revise EA inspection frequency language to ensure consistency throughout Title 14. Please send initial comments on this informal draft text by May 31, 2012.
Issues 1 to 12 were developed in September 2011. Issues 13 and 14 were added in December 2011 as the result of further stakeholder/CalRecycle staff comments.
Contact
Staff contact for the rulemaking is Ken Decio. If you would like to receive an email notification of developments in this rulemaking, please subscribe to the Compostable Materials, Transfer/Processing Rulemaking Listserv. Written comments during the rulemaking process can be sent to compost.transfer.regs@calrecycle.ca.gov.
Stakeholder Input
- Informal Workshop on October 18, 2011 to obtain stakeholder input on CalRecycle’s draft document on regulatory issues and potential approaches (PDF, 236 KB) for future revisions to Title 14 and Title 27.
- Informal Workshop on November 16, 2011 to obtain stakeholder input on CalRecycle’s draft document on regulatory issues and potential approaches for future revisions to Title 14 and Title 27.
- Informal Workshop on December 13, 2011 to obtain stakeholder input on Issues 5, 8, 10, 12, and 14 from CalRecycle's draft document on regulatory issues and potential approaches for future revisions to Title 14 and Title 27. See the presentation (PDF, 697 KB) for more information.
- Informal Workshop on December 21, 2011 to obtain stakeholder input on Issues 1, 2, 3, 4, 6, 7, 9, 11, and 13 from CalRecycle’s draft document on regulatory issues and potential approaches for future revisions to Title 14 and Title 27. See the presentation (PDF, 615 KB) for more information.
- Informal Workshop on February 9, 2012 to obtain stakeholder input on Issues 1, 2, and 4 from CalRecycle’s draft document on regulatory issues and potential approaches for future revisions to Title 14 and Title 27.
- Informal Workshop on February 21, 2012 to obtain stakeholder input on Issues 1, 2, and 4 from CalRecycle’s draft document on regulatory issues and potential approaches for future revisions to Title 14 and Title 27.
- Informal Workshop on March 27, 2012 to obtain stakeholder input on Issues 3, 5, 6, and 11 from CalRecycle’s draft document on regulatory issues and potential approaches for future revisions to Title 14 and Title 27. See the presentation (PDF, 497 KB) for more information.
Documents
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Regulatory Definitions Related to Food Waste and Food Preparation/Processing (PDF, 87 KB)
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City of San Diego LEA Draft Food Material Definition (PDF, 121 KB)
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City of San Diego LEA Draft Food Material Definition Flow Chart (PDF, 133 KB). Please see the previous link above for a text description of this chart.
- State Water Resources Control Board letter regarding permitting issues at POTW’s (PDF, 550 KB)
- CalRecycle Response to State Water Resources Control board letter regarding permitting issues at POTWs (PDF, 83 KB).
- Regulatory Issues and Potential Approaches (PDF, 236 KB)
- Ventura County Ordinance Code Pertaining to the Regulation of Solid Waste (PDF, 94 KB)
More Information
- Program Environmental Impact Report for Anaerobic Digestion Facilities
- How Anaerobic Digestion Fits Current Board Regulatory Structure (IWMB-2009-021)
- How Conversion Technologies Fit Current Board Regulatory Structure (IWMB-2009-024).
- Food Waste Composting Regulations White Paper (PDF, 605 KB)
- Compostable Material Storage Volume Limitations White Paper (PDF, 277 KB)
- Agricultural Land Application of Compostable Material White Paper (PDF 522 KB)
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: Dona.Sturgess@calrecycle.ca.gov (916) 341-6066
