Article 2. Landfill Disposal and Reductions in Landfill Disposal

Modified on Mon, 17 Feb at 12:09 PM

C.C.R Title 14, Division 7, Chapter 12 Short-lived Climate Pollutants

Article 2. Landfill Disposal and Reductions in Landfill Disposal

Section 18983.1 Landfill Disposal and Recovery.

(a) The following dispositions of organic waste shall be deemed to constitute landfill disposal:

(1) Final deposition at a landfill.

(2) Use as Alternative Daily Cover or Alternative Intermediate Cover at a landfill.

(A) The use of non-organic material as landfill cover shall not constitute landfill disposal of organic waste.

(3) Any other disposition not listed in Subdivision (b) of this section.

(b) Organic waste sent to one of the following facilities, operations, or used for one of the following activities, and not subsequently sent for landfill disposal, shall be deemed to constitute a reduction of landfill disposal.

(1) An operation that qualifies as a “Recycling Center” as set forth in Section 17402.5(d) or is listed in Section 17402.5(c) of this division.

(2) A “Compostable Material Handling Operation or Facility” as defined in Section 17852(a)(12) of this division, small composting activities that would otherwise be excluded from that definition pursuant to Section 17855(a)(4) of this division, or community composting as defined in Section 18982(a)(8).

(3) An “In-vessel Digestion Operation or Facility” as listed in Section 17896.5 of this division, or activities that would otherwise not be subject to the in-vessel digestion requirements pursuant to Section 17896.6 of this division.

(4) A Biomass Conversion operation or facility as defined in Section 40106 of the Public Resources Code.

(5) Used as a soil amendment for erosion control, revegetation, slope stabilization, or landscaping at a landfill, when the material is used in a manner that complies with the following criteria:

(A) The material has been processed at a solid waste facility, as defined in Section 40194 of the Public Resources Code; and

(B) The use shall be:

1. Restricted to those organic wastes appropriate for the specific use and in accordance with engineering, industry guidelines or other standard practices specified in the Report of Disposal Site Information, as required by 27 CCR, Section 21600(b)(6).

2. Restricted to quantities of solid wastes no more than necessary to meet the minimum requirements of Subdivision (b)(5)(B)1.

3. Stored and handled in a manner to protect public health and safety and the environment, and control vectors, fires, odors, and nuisances.

(6) Land application, of compostable material consistent with Section 17852(a)(24.5) of this division, is subject to the following conditions on particular types of compostable material used for land application:

(A) Green waste or green material used for land application shall meet the definition of Section 17852(a)(21) and shall have been processed at a solid waste facility, as defined by Section 40194 of the Public Resources Code.

(B) Biosolids used for land application shall:

1. Have undergone anaerobic digestion or composting, as defined in Part 503, Title 40 of the Code of Federal Regulations, Appendix B, sections (A)(1) and (A)(4), as amended August 4, 1999, which is hereby incorporated by reference; and

2. Meet the requirements in Section 17852(a)(24.5)(B)6 of this division for beneficial reuse of biosolids.

1. Have been anaerobically digested at an in-vessel digestion operation or facility, as described in Sections 17896.8 through 17896.13; and

2. Meet the land application requirements described in Section 17852(a)(24.5) A.

3. Have obtained applicable approvals from the State and/or Regional Water Quality Control Board requirements.

(7) Lawful use as animal feed, as set forth in Chapter 6 of Food and Agricultural Code (FAC), commencing with Section 14901 et. seq and Title 3, Division 4, Chapter 2, Subchapter 2 commencing with Article 1, Section 2675 of the Code of California Regulations.

(8) Other operations or facilities with processes that reduce short-lived climate pollutants as determined in accordance with Section 18983.2.

(c) For the purposes of this section, the term “landfill” includes permitted landfills, landfills that require a permit, export out of California for disposal, or any other disposal of waste as defined by Section 40192(c) of the Public Resources Code.

(d) For the purposes of this section, edible food that would otherwise be disposed that is recovered for human consumption shall constitute a reduction of landfill disposal.

Section 18983.2 Determination of Technologies That Constitute a Reduction in Landfill Disposal.

(a) For operations, facilities or activities not expressly identified in Section 18983.1, as reducing landfill disposal, the following process shall be used to determine if processes or technologies shall be deemed to constitute a reduction of landfill disposal:

(1) The applicant shall submit the following information to the Department:

(A) Name and contact information for the person responsible for the information in the report.

(B) Detailed explanation of each of the processes or technologies proposed by the applicant for use to reduce landfill disposal.

(C) For each process or technology noted in Section 18983.2(a)(1)(B), the mass in short tons of organic waste, differentiated by type (i.e., food, leaves and grass, woody material (not including lumber or agricultural crop residues), lumber, agricultural crop residues, manure, sewage sludge (not including digestate), digestate, organic textiles and carpet, paper products, and remainder/composite organic), that will be processed each year.

(D) For any material produced from the proposed process or technology, a description of each end use or landfill disposal location to which the material will be sent. For each end use or landfill disposal location, the applicant must submit the expected mass in short tons and characteristics of the material.

(E) For each of the processes or technologies described pursuant to Section 18983.2(a)(1)(B), each calculation, assumption, and emission factor used by the applicant to calculate the greenhouse gas emissions as well as the expected permanent greenhouse gas emissions reduction of the proposed operation, including the estimated greenhouse gas emissions and permanent greenhouse gas emissions reductions of any end uses or landfill disposal of material described in Section 18983.2(a)(1)(D). All calculations must be clearly laid out such that the Department is able to follow and understand the calculation of greenhouse gas emissions reduction potential.

(F) For each greenhouse gas emission factor or greenhouse gas emission reduction factor used pursuant to Section 18983.2(a)(1)(E), documentation demonstrating that the emission factor or emission reduction factor has been peer reviewed or subjected to other scientifically rigorous review methods.

(G) A detailed explanation of how the proposed technology or process will result in a permanent reduction in greenhouse gas emissions.

(H) A written attestation that the information supplied is true, accurate, and complete.

(I) The director of the Department may request additional information from the applicant if required to validate the information submitted pursuant to this section.

(2) The Department shall consult with the Executive Office of the California Air Resources Board (CARB) to evaluate if the information submitted by the applicant is sufficient to estimate the greenhouse gas emissions and permanent lifecycle GHG emissions reduction of the proposed recovery process or operation. Within 30 days of

receiving the application, the Department shall inform the applicant if they have not submitted sufficient information to estimate the greenhouse gas emissions and permanent lifecycle greenhouse gas emissions reductions associated with the proposed recovery process or operation. For further consideration of any application submitted without sufficient information, the applicant is required to submit the requested information. The Department shall provide a response to the applicant within 180 days of receiving all necessary information as to whether or not the proposed recovery process or operation results in a permanent reduction in greenhouse gas emissions, and therefore counts as a reduction in landfill disposal.

(3) To determine if the proposed operation counts as a permanent reduction in landfill disposal, the Department, in consultation with CARB’s Executive Office, shall compare the permanent lifecycle GHG emissions reduction of metric tons of carbon dioxide equivalent (MTCO2e) per short ton organic waste reduced by the process or

technology, with the emissions reduction from composting organic waste (0.30 MTCO2e/short ton organic waste). The Department shall only deem a proposed operation to constitute a reduction in landfill disposal if the process or technology results in a permanent reduction in lifecycle greenhouse gas emissions equal to or

greater than the 0.30 MTCO2e/short ton of organic waste.

(b) If the Department determines that a proposed process or technology results in a reduction in landfill disposal, the Department shall post to its website the results of the determination and include a description of the operation.

(c) Upon request of the applicant, as part of determination of activities that constitute a reduction in landfill disposal, the Department may consider additional information provided by the applicant that demonstrates that the proposed activity is identical or equivalent to a proposed activity the Department has determined pursuant to Section 18983.2(a) results in a reduction in landfill disposal.