California’s Composting Regulations Re-defining “Food Material” Waste Compliance and Mitigation Program Department of Resources Recycling and Recovery 1

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 2 Informal Rulemaking Process (April-July…, 2010) Exploring Classification of “Food Material” Discovering “Actual” Examples Developing Conceptual Classification Structures (Not about “Tiering”)

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 3 Challenge to Define Incredibly Diverse Set of Feedstocks : Putrescible/Stable, Contaminated/Clean, Heterogeneous/Homogeneous, Various Sources of Generation

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 4 Current Regulatory Language: “Food Material” means any material that was acquired for animal or human consumption, [14CCR Section (a)(20)]

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 5 Current Regulatory Language: “Food Material” means any material that was acquired for animal or human consumption, is separated from the municipal solid waste stream, [14CCR Section (a)(20)]

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 6 Current Regulatory Language: “Food Material” means any material that was acquired for animal or human consumption, is separated from the municipal solid waste stream, and that does not meet the definition of "agricultural material.” [14CCR Section (a)(20)]

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 7 Current Regulatory Language: “Food Material” means any material that was acquired for animal or human consumption, is separated from the municipal solid waste stream, and that does not meet the definition of "agricultural material." Food material may include material from food facilities as defined in Health and Safety Code section , grocery stores, institutional cafeterias (such as, prisons, schools and hospitals) or residential food scrap collection. [14CCR Section (a)(20)]Health and Safety Code section

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 8 Classification by Generation: “Agricultural” – many un-contaminated, homogeneous, many in large quantities “Industrial” – some less putrescible, many uncontaminated, very homogeneous in quantity “Commercial” – highly putrescible and contaminated, less homogeneous, (restaurants, grocery stores, …) “Residential” – very putrescible, generally highly contaminated and heterogeneous

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 9 Classification by Characteristics (3 examples): “Putrescibility” = Odors and Vectors… “Contamination Level” = Litter, Noise, Worker Exposure “Moisture Content” = Odors, Vectors, Human Contact, …

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 10 Some Examples of “Food Material” What are the impacts of regulatory concern? Could a “impact score” be generated ? How might these “Compostable Materials” be classified?

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 11 City-wide collection programs

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 12 Grocery store collection programs

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 13 “Food waste decomposer/dehydrator residuals” Ecco Solutions.

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 14 Cannery process residuals, such as “pond mud”

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 15 Coffee grounds

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 16 Grape pumace

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 17 Some “Classification” Goals: “Understandable” = Simple and reasonable “Flexible” = Can “define” new materials “Cross-Media Appropriate” = Compatable and/or consistent with other agencies

Compostable Material Handling Regulations (Title 14, Chapter 3.1) Re-defining “Food Material” Informal Rulemaking 18 Next steps: May - Local Enforcement Agency Round Tables June - Additional Stakeholder Input / Concept Development July – Draft Language Development