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.
Sending organic waste to the following facilities, operations, or activities is considered a reduction in landfill disposal, provided the organic waste is not subsequently disposed (see 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 evaluate and determine whether the permanent lifecycle emissions of an operation or technology that is not expressly identified in 14 CCR Section 18983.1 constitutes disposal or a reduction in landfill disposal under SB 1383.
For a technology or process to constitute a reduction in landfill disposal, the permanent lifecycle greenhouse gas (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.
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 if an operation or technology or operation is described in these provisions 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 Title 14 CCR Section 18983.2(a)(1). Below is an abbreviated list which provides a 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 documents that meet accessibility requirements (more information provided below) and to clearly identify any confidential, trade secret, or proprietary information contained in an application. For example, applicants can submit an accessible, unredacted application that includes a separate appendix containing all information claimed to be confidential, proprietary, or a trade secret.
Please 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.
Accessibility Guidelines
CalRecycle encourages applicants to submit their applications in an accessible format. Any information posted on CalRecycle’s website must be accessible to everyone, including people with disabilities and visual impairments. For additional information, please visit Web Content Accessibility page:
- Provide alternate text for any images, diagrams, and other non-text content.
- For images and text, use colors with sufficient contrast to distinguish the colors for low-vision users.
- Format tables with simple table structures, header rows, and avoid blank cells. Do not use screen shots of tables.
- Ensure screen readers will read text in the intended logical order for screen reader users.
- Use plain language and define all terms and jargon.
- Ensure that all documents pass the pdf accessibility test inside Adobe Acrobat.
Application Review Process
CalRecycle will review each application received and, in consultation 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.
CalRecycle will notify the applicant within 30 days of receiving the application as to whether 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.
Once CalRecycle receives all required information and the application is found complete, CalRecycle will notify the public via the department’s monthly meeting and via the SLCP listserv that an Article 2 application has been found complete and provide the public with 30 days to review and submit comments regarding the application.
CalRecycle and CARB will then evaluate the application 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.
If CalRecycle determines that a proposed process or technology results in a reduction in landfill disposal, CalRecycle will notify the public via the department’s public noticing process to provide the agenda item addressing the evaluation determination finding that will be discussed at the department’s monthly meeting and will subsequently post on the public notice site the results of the determination, including a description of the technology or process, below.
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 below.
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 pursuant to 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 by 14 CCR Section 18983.2(b), including the additional monitoring and verification procedures, can be accessed here: Public Notice: Consideration of a Technology Determination for H Cycle Pursuant to Article 2 of the SB 1383 Regulations (ca.gov)
CalRecycle Contacts and Assistance
This webpage provides a generalized description of the process for determining technologies that constitute a reduction in landfill disposal. Please refer to 14 CCR Section 18983.2 for the controlling regulatory requirements.If you have questions related to the Article 2 requirements or the SB 1383 regulations, please email CalRecycle at: slcp.organics@calrecycle.ca.gov.
To learn more about the SB 1383 statutory and regulatory requirements, please visit: Frequently Asked Questions.
For more information contact: Short-Lived Climate Pollutants (SLCP), Organic Waste Methane Emissions Reductions, SLCP.organics@calrecycle.ca.gov