SB 1383 Article 2: Determination of Technologies that Constitute a Reduction in Landfill Disposal

0

Facility

Starting in 2022, California jurisdictions will need to provide organic waste collection services to all residents and businesses and divert these materials away from landfills and into recycling and recovery activities. 

Organic waste sent 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

Beginning January 1, 2022, CalRecycle will accept applications for technologies or processes that applicants would like to be evaluated as a reduction in landfill disposal in compliance with SB 1383. Only technologies not listed in 14 CCR Section 18983.1(b) as recovery or 14 CCR Section 18983.1(a) as landfill disposal will be considered. 

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 California Air Resources Board. 

Application Requirements

Applicants must submit an application to CalRecycle to request an evaluation of a technology or process. A full list of the information required to be submitted is listed in Title 14 CCR Section 18983.2(a)(1), summarized below:

  1. Name and contact information of the person responsible for the information in the application.
  2. Explanation of the proposed technology or process.
  3. 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.
  4. 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.
  5. Each calculation, assumption, and emission factor used to determine the permanent GHG emission reductions of the technology or process.
  6. Documentation that each GHG emission factor has been peer reviewed or subjected to other scientifically rigorous review methods.
  7. An explanation of how the proposed technology or process will result in a permanent reduction in greenhouse gas emissions.
  8. A written statement that the information contained in the application is true, accurate, and complete.

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

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 if additional information is required. The applicant is required to submit the requested information in order for the application review process to proceed.  

Once all required information is received, CalRecycle and CARB will evaluate the application. CalRecycle will notify the applicant within 180 days as to 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 post the results of the determination, including a description of the technology or process, on its website.

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. For any inquiries on the Article 2 requirements of the SB 1383 regulations or for general questions related to SB 1383, 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.