“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

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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.

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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

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Survey Content

• Waste statistics• Regulatory details• Numerical thresholds• Integration of science• Outgoing material properties• Legislative status of regulations

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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

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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

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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

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Site visits were made to recycling facilities and composting facilities in California

• Facilities with permits and temporary permits12 MRFs and 9 composting facilities

• Large and small operations

• Rural and urban facilities

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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

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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

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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

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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)

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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

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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

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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

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CalRecycle Staff Assessment of the Report RecommendationsReport 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 facilitiesInvestigate options for preventing illegal activities from occurringMaintain some level of regulatory oversight for entire recycling process, including generatorsRequire proper documentation and identification for transactions involving recycled materialsPromote educational programs that include on-site components at operational facilities

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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 exemptionConsider review and refinement of excluded activities

Provide exemptions for only backyard, on-site residential operationsFor measured material quantities, use weight basis to provide a consistent set of valuesAdopt a classification system for feedstock

Better regulate sampling requirements for outgoing compost as a function of the type of feedstockLower the concentration limit for metals and pathogens in line with other states and EuropeImplement labeling requirements

Avoid the use of multipart tier criteria if not developed using scientific basis or risk analysis approachesIncreased 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.

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Questions or Comments?

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