1. “Study on Other States’ Regulatory Oversight of Waste and Material Handling Activities Relative to Recycling Centers, Transfer Stations, and Green Material Contamination” by Cal Poly 1

2. Scope Strategic Directive 8.3: review regulations to ensure that they are based on the best available science, address changing market conditions, and take advantage of developing technologies Objective: support staff-driven review by providing analyses of waste and material handling regulations of other states, as related the 3-Part Test and green material contamination in California Outcomes: detailed description and analysis of other state models, best management practices, and recommendations on models and methods that can be adapted to California. 2

3. Scope of Work Compile database of recycling and composting regulations in other states Conduct survey of other states’ regulatory framework Conduct site visits to California recycling and compost facilities Conduct interviews with various state regulators, LEA representatives, and operators 3

4. Survey Content Waste statistics Regulatory details Numerical thresholds Integration of science Outgoing material properties Legislative status of regulations 4

5. Selected States for Detailed Analysis 9 selected states for recycling: Arkansas, Florida, Massachusetts, Missouri, New Hampshire, New Mexico, New York, Washington 7 selected states for composting: Arkansas, Colorado, Florida, Illinois, New York, Oregon, Texas 5

6. Regulatory Framework in Other States Majority of states regulate recycling and composting facilities Generally under the umbrella of solid waste regulations Three levels of regulation: not regulated, fully regulated, partially regulated The level of regulation is generally based on type and size of operation No model based on science, market conditions, or technology 6

7. General findings of other State programs Allowable residual contents 5-25% Some models are similar and some more stringent than 3-Part Test No state was found to have a numerical threshold for putrescibles Generalized qualitative descriptions for environmental protection and health risks Material outflow monitored in some states – more common for compost than recyclables 7

8. Site visits were made to recycling facilities and composting facilities in California Facilities with permits and temporary permits 12 MRFs and 9 composting facilities Large and small operations Rural and urban facilities 8

9. Report Findings Scientific basis and risk analysis not present in development of regulations Thresholds and tier levels established arbitrarily with qualitative descriptions for protection of environment and public health and safety Public awareness and education is key to improving recycling operations Large, permitted operations were most efficient and seemingly most environmentally sound Vicinity to community should be considered in relation to providing buffer zone or indoor operations Streamlined regulations and enforcement needed 9

10. Report Recommendations 15 recommendations regarding 3-Part Test and recycling/transfer station regulations Use absolute threshold for residual instead of percentages Use weight basis for measure material quantities Limit time for storage of putrescibles instead of threshold 16 recommendations regarding Green Material Contamination and composting regulations Keep 1% contamination threshold 10

11. Report Recommendations Additional recommendations includes: Standardized test procedures Consolidate into a single agency Improve clarity of regulations, and Develop a stronger scientific and risk basis for numerical regulatory thresholds 11

12. CalRecycle Staff Assessment of the Recommendations Categories of Responses: Report recommendations and supporting analysis that are directly related to the Three Part Test and can be used to inform the discussions as part of the SD 8.3 effort; (4 recommendations) Report recommendations and supporting analysis that are directly related to the management of green material contamination and can be used to inform the discussions as part of the SD 8.3 effort; (5 recommendations) Report recommendations and supporting analysis that have other applications outside of the current regulation review process, and may warrant consideration in the future, but not as part of the current focus of SD 8.3; (6 recommendations) Report recommendations and analysis that require more analysis and may extend beyond current Departmental responsibilities; (16 recommendations) 12

13. CalRecycle Staff Assessment of the Report Recommendations Report recommendations and supporting analysis that are directly related to the 3-Part Test and can be used to inform the discussions as part of the SD 8.3 effort CalRecycle staff assessment of the utility of the recommendations Consider review and refinement of excluded activities and materials Aspects of the definition of a recycling facility that refer to material types can be addressed as part of the SD 8.3 effort Avoid use of source-separation as sole criterion for exemption Affirms source –separation as currently one of the criteria for determining exemption from regulation Use absolute threshold for residual material handling instead of percentage of residual material The concept of using absolutes versus percentages will be looked at as part of the SD 8.3 effort For measured material quantities, use weight basis to provide a consistent set of values Modification to weight basis criteria currently an aspect of the for determining exemption from regulation can be addressed as part of the SD 8.3 effort 13

14. CalRecycle Staff Assessment of the Report Recommendations Report recommendations and supporting analysis that are directly related to the management of green material contamination and can be used to inform the discussions as part of the SD 8.3 effort CalRecycle staff assessment of the utility of the recommendations Maintain 1% green material contamination regulation Affirms the continued use of the 1% currently part of the green material determination criteria Enforce direct measurement of 1% green material contamination Measurement methods can be addressed as part of the SD 8.3 effort Develop detailed test protocol for determining 1% green material contamination criterion Test protocols can be addressed as part of the SD 8.3 effort Develop guidance for compost end use as a function of feedstock The relationship between the safe use of compost product only and level of feedstock contamination can be addressed as a part of the SD 8.3 effort Adopt / develop testing procedures for determining the quantity of contaminants and stability of outgoing compost The relationship between the safe use of compost product only and feedstock can be addressed as a part of the SD 8.3 effort 14

15. CalRecycle Staff Assessment of the Report Recommendations Report recommendations and supporting analysis that have other applications outside of the current regulation review process, and may warrant consideration in the future, but not as part of the current focus of SD 8.3 CalRecycle staff assessment of the utility of the recommendations Regulate the duration for putrescible material storage and handling to less than 24 hours Can be looked at in the context of best management practices for solid waste transfer processing facilities in the future, and could also be a consideration when evaluating the general tier structure for transfer and processing activities including facilities utilizing processes for conversion of waste to energy and the production of fuels from waste. For example, tiers could be constructed with the least amount of permit process and agency review being assigned to facilities that employ state of the art technology and best management practices. Avoid using total facility throughput as a threshold for exemption Consider requirement for indoor operations Avoid the use of composite criteria if not developed using scientific basis or risk analysis approaches Increased regulations be used for siting operations in relation to impact to the natural and developed environment Include regulatory provisions for post-closure plans for permitted facilities 15

16. CalRecycle Staff Assessment of the Report Recommendations Report recommendations and analysis that require more CalRecycle analysis and may extend beyond current Departmental responsibilities CalRecycle staff assessment of the utility of the recommendations Transfer/Processing Recommendations are much broader than transfer/processing facility requirements and would need to be evaluated relative to the universe of solid waste regulatory requirements. Recommendations could be utilized at some time in the future when larger scale adjustments of CalRecycle responsibilities might be considered. Promote timely modifications to permits for advancing recycling technology at operational facilities Investigate options for preventing illegal activities from occurring Maintain some level of regulatory oversight for entire recycling process, including generators Require proper documentation and identification for transactions involving recycled materials Promote educational programs that include on-site components at operational facilities 16

17. CalRecycle Staff Assessment of the Report Recommendations Report recommendations and analysis that require more CalRecycle analysis and may extend beyond current Departmental responsibilities Green Material Handling Avoid using composite criteria such as combined composted material type and total facility capacity as criterion for exemption Consider review and refinement of excluded activities Provide exemptions for only backyard, on-site residential operations For measured material quantities, use weight basis to provide a consistent set of values Adopt a classification system for feedstock Better regulate sampling requirements for outgoing compost as a function of the type of feedstock Lower the concentration limit for metals and pathogens in line with other states and Europe Implement labeling requirements Avoid the use of multipart tier criteria if not developed using scientific basis or risk analysis approaches Increased regulations be used for design and operation of composting facilities to promote better environmental protection CalRecycle staff assessment of the utility of the recommendations Recommendations are much broader than green material handling requirements and would need to be evaluated relative to the universe of solid waste regulatory requirements. Recommendations could be utilized at some time in the future when larger scale adjustments of CalRecycle responsibilities might be considered. 17

18. Questions or Comments? 18