California Department of Resources Recycling and Recovery (CalRecycle)

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

Current Status and Documents

CalRecycle will hold an informal workshop on September 25, 2014 to discuss initiating the formal rulemaking process. The workshop will be held from 2:30 p.m. to 4:30 p.m. at:

CalEPA Headquarters, Conference Room 550
1001 I Street
Sacramento, California

Workshop details will be provided at a later date.

At the October 15, 2013 public meeting, the Director approved the “Proposed Compostable Material Handling and In-Vessel Digestion 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.

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 May 14, 2013 to discuss chronic odor complaints and identifying sources of odor.
  • Informal Workshop on April 16, 2013 to continue the question and answer session held during the March 18, 2013 meeting regarding revisions to Title 14 and Title 27.
  • Informal Workshop on April 11, 2013 to obtain stakeholder input on the in-vessel digestion regulations (pages 23 - 44 of the consolidated draft regulation text).
  • Status Update on March 18, 2013 to discuss revisions made to the initial discussion draft text in the Title 14 and Title 27 Compostable Materials/Transfer Processing Rulemaking.
  • Informal Workshop on November 15, 2012 to discuss Issue 1 (Food waste definition), Issue 2 (Land application: disposal or beneficial use), and Issue 6 (Green waste contamination)
  • Informal Workshop on October 31, 2012 to discuss Issue 4 (Odor complaints)
  • Informal Workshop on October 23, 2012 to discuss Issue 5 (Regulatory coordination of publicly owned treatment works accepting food waste and fats, oils and grease) and Issue 7 (Anaerobic digestion facility permitting)
  • Informal Workshop on October 3, 2012 to obtain stakeholder input on regulatory issues and potential approaches for future revisions to Title 14 and Title 27. See the presentation (PDF, 714 KB) for more information.
  • Informal Workshop on September 25, 2012 to obtain stakeholder input on regulatory issues and potential approaches for future revisions to Title 14 and Title 27. See the presentation (PDF, 711 KB) for more information.
  • 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.
  • 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 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 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 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 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 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 Development

Consolidated Draft Regulation Text--Second Draft

CalRecycle staff developed a consolidated set of draft regulations based on comments received on initial discussion draft text for the issues below. Stakeholder comments received on the consolidated draft regulation are published on CalRecycle's Public Notice website.

Consolidated Draft Regulation Text--First Draft

CalRecycle staff developed a consolidated set of draft regulations based on comments received on initial discussion draft text for the issues below. Stakeholder comments received on the consolidated draft regulation are published on CalRecycle's Public Notice website.

Initial Discussion Draft Text

Stakeholder comments received on the initial discussion draft text are published on CalRecycle's Public Notice 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
    Initial Discussion Draft Text (PDF, 60 KB), July 3, 2012. Provide the EA with discretion to authorize temporary storage of additional material. Please send initial comments on this informal draft text by August 9, 2012.
  • Issue 4--Odor complaints
    Initial Draft Concept. (PDF, 445 KB) and Flowchart (PDF, 292 KB), October 12, 2012. Provide operators and LEAS with an objective mechanism to address chronic odor complaints and identify sources of odor. Please send written comments on this initial draft concept by November 16, 2012.
  • Issue 5--Regulatory coordination of publicly owned treatment works (POTW) accepting food waste and fats, oils and grease (FOG)
    Initial Discussion Draft Text (PDF, 69 KB), September 12, 2012. Exclude POTW facilities that receive specific types of organic solid waste for co-digestion with POTW wastewater from CalRecycle transfer/processing and in-vessel digestion regulations. Written comments on the informal draft text are due by October 12, 2012.
  • Issue 6--Green waste contamination
    Initial Discussion Draft Text (PDF, 40 KB) and Contamination Options (PDF, 123 KB), September 13, 2012. Increase visual inspections of incoming green waste loads to reduce physical contaminants, require compostable material products to meet a 0.1% physical contaminant limit by weight, and make clarifying changes regarding sampling and sampling report protocols. Written comments on the informal draft text are due by October 12, 2012.
  • Issue 7--Anaerobic Digestion facility permitting
    Initial Discussion Draft Text (PDF, 116 KB), September 13, 2012. Apply the transfer/processing and compostable material handling and design and operational requirements to all types of in-vessel digestion activities, including anaerobic digestion. Written comments on the informal draft text are due by October 12, 2012.
  • 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
    Initial Discussion Draft Text (PDF, 127 KB), May 31, 2012. Revise the definition of Agricultural Material by specifying that Agricultural Material has not been processed in a way that alters its essential character as a waste resulting directly from an agricultural activity. Please send initial comments on this informal draft text by July 2, 2012.
  • Issue 11--Small-scale composting exclusions
    Initial Discussion Draft Text (PDF, 81 KB), June 19, 2012. Revise exclusions to facilitate composting of food material and vegetative food material at non-commercial sites, such as community gardens and schools. Please send initial comments on this informal draft text by July 20, 2012.
  • Issue 12--Clarify “permitted maximum tonnage”
    E-1-77 Form (PDF, 53 KB) and E-1-77 Instructions (PDF, 92 KB). Update E-1-77 Form and Instructions and clarify that the total tonnage indicated in the permit application is the maximum amount of waste material that is expected to be received per day. Written comments on the informal draft text are due by October 12, 2012.
  • Issue 13–-Vermiculture
    Initial Discussion Draft Text (PDF, 156 KB), June 1, 2012. Clarify the regulatory status of handling compostable material at a vermicomposting operation or facility. Please send initial comments on this informal draft text by July 2, 2012.
  • 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.

Documents

More Information

Last updated: August 29, 2014
Proposed Regulations http://www.calrecycle.ca.gov/Laws/Rulemaking/
Legal Office: Dona.Sturgess@calrecycle.ca.gov (916) 341-6066