Determination of Technologies that Constitute a Reduction in Landfill Disposal

SB 1383 Article 2

Organic waste decomposing in landfills produces methane and contributes to global warming. The effects of methane, a super pollutant, can be significantly reduced by diverting organic materials away from landfills and into recycling and recovery activities.

As long as organic waste is not subsequently disposed, sending organic waste to the following is considered a reduction in landfill disposal (14 CCR Section 18983.1):

Recycling Centers
Compostable Material Handling Facilities
In-Vessel Digestion Facilities
Biomass Conversion Facilities
Soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill
Land application
Animal feed

The Article 2 process allows CalRecycle to determine if the permanent greenhouse gas (GHG) emission reductions of an operation or technology constitutes a reduction in landfill disposal under SB 1383.

For a technology or process to constitute a reduction in landfill disposal, the permanent GHG emission reductions must be equal to or greater than the emission reductions from composting organic waste (0.30 MTCO₂e/short ton organic waste).

The methodology used to calculate the permanent lifecycle GHG emission reductions from composting organic waste (or benchmark) is described in a memo written by the California Air Resources Board (CARB).

Application Requirements

CalRecycle accepts applications exclusively for operations or technologies not already listed in 14 CCR section 18983.1(b) as recovery or 14 CCR section 18983.1(a)(1)-(2) as landfill disposal.

Applicants who are uncertain may contact the SB 1383 Short-Lived Climate Pollutants (SLCP) program for assistance at SLCP.organics@calrecycle.ca.gov.

To request evaluation of an operation or technology, applicants must submit an application to CalRecycle containing all the information described in 14 CCR Section 18983.2(a)(1).

Basic overview of the required information:

Name and contact information of the person responsible for the information in the application.
Explanation of the proposed technology or process.
The quantity (i.e., short tons) and type (e.g., food, woody material, manure, paper products, sewage sludge, leaves and grass) of organic waste that will be processed annually.
A description of each end use, including landfills, for any materials produced from the proposed technology or process. The description must include the quantity and characteristics of the material that will be sent to each end use.
Each calculation, assumption, and emission factor used to determine the permanent GHG emission reductions of the technology or process.
Documentation that each GHG emission factor has been peer reviewed or subjected to other scientifically rigorous review methods.
An explanation of how the proposed technology or process will result in a permanent reduction in greenhouse gas emissions.
A written statement that the information contained in the application is true, accurate, and complete.

Potential applicants should refer to 14 CCR Sections 18983.1 and 18983.2 for the full requirements for applying for an Article 2 determination.

Application Submittal Guidance

To help expedite the application review process, CalRecycle encourages applicants to:

Submit accessible, ADA-compliant documents.
Clearly identify any confidential, trade secret, or proprietary information contained in an application.
- For example, applicants can submit all confidential, trade secret, and proprietary information in a separate appendix.
Accessibility Guidelines
CalRecycle encourages applicants to submit their applications in an accessible format. Any information posted on CalRecycle’s website must be ADA-compliant.

For additional information, visit the Web Content Accessibility Guidelines page.

Note: CalRecycle intends to publish all complete applications online for public review. The applications will be published in their entirety, excluding only properly identified proprietary, confidential, or trade secret information.

Application Review Process

CalRecycle will:

Review each application received and, with the California Air Resources Board (CARB), evaluate if the information submitted is sufficient to estimate the GHG emissions and permanent lifecycle GHG emissions reduction of the proposed recovery process or technology.
Notify the applicant within 30 days of receiving the application if the application is complete or if additional information is required.
- If the application is found incomplete, the applicant must resubmit the application with the requested information for the application review process to proceed.
Notify the public via the monthly public meeting and the SLCP listserv that an Article 2 application has been found complete and give the public 30 days to review and to submit comments regarding the application.
Evaluate the application, with CARB, to determine if the operation or technology constitutes a reduction in landfill disposal.
- CalRecycle will notify the applicant within 180 days whether the proposed technology or process results in a permanent reduction in greenhouse gas emissions equal to or greater than 0.30 MTCO₂e/short ton of organic waste and therefore constitutes a reduction in landfill disposal under the SB 1383 regulations.
  - CalRecycle will notify the public of the determination. If the technology or process constitutes a reduction in landfill disposal, CalRecycle will post a description of the technology or process.

Please note: A determination of a reduction in landfill disposal does not constitute a license, permit, or endorsement of a technology or operation.

Article 2 Applications

Applications and results of any determinations, including a description of any technology or process determined to constitute a reduction in landfill disposal, are posted in this section:

H Cycle: An application was submitted by H Cycle on July 17, 2023. CalRecycle, in consultation with the California Air Resources Board, determined the application was complete (per 14 CCR section 18983.2(a)(2)).

A 30-day public comment period began on August 16, 2023, and concluded on September 15, 2023.

The H Cycle application and calculator documents can be accessed here: Public Notice: Notice of Completeness Finding for H Cycle’s SB 1383 Article 2 Application and 30-Day Public Comment Period

Article 2 Technology Determinations

H Cycle:

A description of the technology as required (14 CCR section 18983.2(b)), including the additional monitoring and verification procedures, can be accessed on the Public Notice: Consideration of a Technology Determination for H Cycle Pursuant to Article 2 of the SB 1383 Regulations (ca.gov)

This webpage provides a generalized description of the process for determining technologies that constitute a reduction in landfill disposal. Refer to 14 CCR section 18983.2 for the controlling regulatory requirements.

If you have questions, contact slcp.organics@calrecycle.ca.gov.

To learn more about the SB 1383 statutory and regulatory requirements, visit: Frequently Asked Questions.