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August 2014 Sustainable Organics Green “ Cover Up

CalRecycle started investigating alternative records for use ADC in amounts of (ADC) since the California Coalition raised the greater than 25% green waste ADC. issue at their December 2013 monthly meeting. CCC presented LEA Advisory #45 uses a refuse-to-cover of information that many landfill CalRecycle recognizes the 3:1 4:1 in the methodology for determining operators were using co-collected waste to cover ratio as the remaining landfill capacity. The recognized residential green waste with food Landfill Bible, The Handbook of Landfill waste as ADC and that landfills were industry standard. Operations by Neal Bolton, P.E., uses the using excess amounts of green waste industry standard of 3:1 waste to cover, or ADC – in some cases without even 25%. CalRecycle in their previous LEA train- pre-processing the green waste. It has been 10 years since ing recognizes the 3:1 cover ratio as the industry standard. the state had evaluated the use of ADC, and it was about time to take another look, given the recent“ legislative ADC The 3:1 cover ratio includes the intermediate cover (which efforts and the 75% Recycling Plan policies to discontinue the diversion credits for ADC in 2020. is one foot for every 15 foot lift – or 7%) and the final cover (which is 4 feet for an average landfill thickness of 150 feet CalRecycle will be presenting an ADC Investigative Report – or 3%). With 25% being the industry standard for cover at their monthly meeting August 19, 2014. At first read, it’s material, minus 7% for intermediate cover and 3% for final just another Green Waste Landfill Cover Up. No mention cover, daily cover should only take up 15% of the volume of about the use of residential co-collected organics used a landfill – not 43.5% at Scholl or 28.6% at Calabasas. as ADC. No mention of possible lost state fees of over a million dollars per year. The “Findings” and “Next Steps” In a brave move, CalRecycle has indicated they may ask recommended in the Investigative Report follows the same for a governor’s veto on AB 1594 (Williams), which would path from ten years ago that found there was misreporting phase out green waste ADC diversion credit in 2020, and that there needs to be LEA and operator training. because AB 1594 would still exempt this ADC from the There will be enhanced focus on ADC use and record state‘s $1.40/ton fee. The “Next Steps” need to do more to keeping during the CalRecycle’s 18-month state inspections. limit green waste ADC to 15%, analyze the millions in lost However, the Investigative Report found no indication of fees, and stop residential co-collected food waste to be overuse based upon site inspections and a review of the used as ADC. Green Waste ADC % Landfill 2012 Disposal Tons 2012 Green Waste ADC tons of Disposal Scholl Canyon Landfill 210,512 tons 91,551 tons 43.5% Calabasas Sanitary Landfill 197,403 tons 56,526 tons 28.6% L and D Landfill 96,362 tons 33,534 tons 34.8%

CaliforniaCompostCoalition.org Legislative Update Bill Watch

AB 1594 (Williams) – would eliminate We will continue to push for a 2 cubic the solid waste diversion credit for yard threshold in 2016. The Solid AB 1594 (Williams) green waste used as Alternative Waste Industry Group (SWIG) has Daily Cover (ADC) at a solid waste been seeking amended bill language TOPIC: Solid waste: recycling: landfill. CalRecycle regulations (Title which would set a new 2019 trigger diversion: green material. ADC 14) contain an approved list of ADC for businesses which generate 1 cubic STATUS: 8/14/14 – From committee: materials, which includes processed yard of organic waste and 4 cubic yards Do pass. (Ayes 5. Noes 0.) green material. Jurisdictions currently of MSW. LOCATION: Senate Floor receive landfill diversion credit for CALENDAR: August 22: Last day to the use of green materials as ADC, AB 1826 moved through the Senate Appropriations Committee, on August amend bills on the Floor. August 31: which is a major barrier to compost Last day for each house to pass bills facility development due to its low cost 6, under special rules provisions. On and reduction of available feedstock August 11, the bill moved off the Senate CO-SPONSORS: CCC/CAW supply. Floor and returned to the Assembly, > SUPPORT where Senate amendments were AB 1594 passed out of the Senate concurred with and the bill was enrolled Appropriations Committee on to the Governor on August 14. August 14 with minor amendments. AB 1826 (Chesbro) Remaining local government SB 498 (Lara) – would revise the TOPIC: Solid waste: organic waste amendments, exempting ADC green definition of the term “biomass materials from the mandatory $1.40 conversion” to mean the production STATUS: 8/14/14 – Re-referred to disposal fee surcharge, were added in of heat, fuels, or electricity by the Committee on Appropriations. Assembly Appropriations. CalRecycle controlled combustion of, or the use LOCATION: Assembly enrolling to policymakers have signaled that they of other noncombustion thermal Governor. technologies on, specified biomass may ask for a Governor’s veto, as CALENDAR: 8/14/2014, Senate materials. the disposal fee exemption creates amendments concurred in. To bad precedent and policy at a time SB 498 passed out of the Assembly Engrossing and Enrolling. when they are looking to revamp the Appropriations Committee, on August > SUPPORT, if amended current Integrated 6, and will next be taken up on the Account fee structure. Assembly Floor. Amendments, previously taken in Assembly ESTM, AB 1826 (Chesbro) – would establish SB 498 (Lara) a mandatory commercial organic include new compliance provisions for waste diversion program, requiring the inspection of all biomass facilities, TOPIC: Solid waste: biomass conversion businesses that generate a specified by LEAs, and the tracking and reporting quantity of organic waste to arrange of inbound feedstocks and outbound STATUS: 8/11/14 - Read second time. for recycling services. CCC has ash. Ordered to third reading. maintained a Support, if amended LOCATION: 8/11/14 - Assembly Floor position in an effort to reduce current Legislators of the Year CALENDAR: August 22: Last day to bill language thresholds for program amend bills on the Floor. August 31: enrollment – currently 8 cubic yards Californians Against Waste honored Last day for each house to pass bills of organic waste in 2016, and 4 cubic Senator Kevin de Leon and > SUPPORT yards in 2017, with a final goal of 1 Assembly Member Das Williams cubic yard in 2019. as CAW’s Legislators of the Year at their 37th Birthday Celebration Our solid waste hauling clients have on August 12th. CAW also had a AB 1021 (Eggman) advised us that the 8 and 4 cubic yard special recognition of Assembly thresholds are too high, disallowing TOPIC: Alternative energy: recycled Member Wesley Chesbro and his feedstock – Sales Tax Exclusion any significant increase in organic decades of service to Recycling waste volume due to the limited with a Lifetime Recycling STATUS: 08/30/2013 In committee: Held under submission. number of businesses who produce Champion Award. Earlier that that level of organic waste which are day, the “State of Organic Waste in LOCATION: Senate Appropriations not already enrolled some kind of California” was held on the Capitol CALENDAR: Held under submission. program, thus restricting the potential steps where Williams and Chesbro revenue generation necessary to spoke about AB 1594 and AB 1826. > WATCH - bring back next year fund new or expanding programs.

2 | August 2014 California Compost Coalition Regulatory Affairs Regs Watch

Biomass Conversion Facility to Report TITLE 14/27 Tonnages to CalRecycle Under SB 498 TOPIC: Revision to Compostable Materials & Transfer/Processing Biomass conversion facilities were un- solid waste and used for producing Regulations der a grave regulatory threat last year, electricity or heat. This bill would CalRecycle is updating regulations to had SB 804 (Lara) been signed into simply include thermal conversion address a broad list of topics, mainly law. SB 804 would have required that technologies in the biomass conver- related to the expanding diversion all and by-products sion definition, allowing for cleaner of organic materials from landfills. be treated on-site. The spent lubri- and more efficient technologies to be Addition of new language regarding cating oils and low pH process water used to process biomass, and provid- , and feedstock would have been treated at these ing conversion technologies process- definitions, odors, permitting tiers, small 40-ton-per day, 1 mega-watt bio- ing biomass with the same incentives etc. at composting facilities. Allowable mass conversion facilities, making it afforded to biomass combustion. contamination in compost and mulch cost prohibitive to comply. CCC asked products remains the largest remaining the governor for a veto last year, to SB 498 requires a solid waste facility unresolved issue. that sends materials to a biomass which he obliged. STATUS: Final draft regulations have conversion facility to ensure that the been published in October 2013. In his veto mes- materials are Economic analysis is underway. sage, the governor CEQA entitled Biomass Facility limited to those agreed with the Conversion Facilities Size clean biomass Formal rulemaking is expected to be undertaken in August and concluded by intent of the bill feedstocks and the end of 2014. and directed his Clover Flat Park 1.0 MW authorizes LEAs administration to to inspect solid work with stake- Tracy Material Recovery waste facilities Facility 1.0 MW WASTE DISCHARGE REQUIREMENTS holders to develop and operations for Formal rulemaking has begun by the a more straightfor- Napa Material Diversion 1.0 MW compliance with ward, technology Facility this requirement. State Water Resources Control Board (SWRCB) to implement statewide Waste neutral approach. Intermountain Material Beginning April 1, 1.0 MW Discharge Requirements (WDRs) for After 10 years of Recovery Facility 2016, and annually composting facilities. trying to explicitly Cabin Creek 2.0 MW thereafter, SB 498 allow gasification requires the owner SWRCB intends to adopt a general technology to be used just on biomass or operator of a biomass conversion order that would assist their regional feedstocks, SB 498 finally gets it right. facility to provide a report to CalRe- boards in the regulation of composting facilities, which they have deemed a cycle with specified information about substantial threat to water quality. SB 498 would simply expand the the facility, the materials accepted by definition of biomass conversion the facility, and the end user of ash or STATUS: Final draft regulations to include non-combustion thermal biochar generated by the facility. If any have been published in August 2013. conversion technologies, and will be information provided by a biomass Economic analysis has been completed. heading for the governor’s desk again. conversion facility pursuant to this The EIR process is underway, with release of a DEIR and General Order This time around, the hazardous section is designated as confidential, expected in August 2014. waste will be allowed to be treated CalRecycle shall treat it as such. off-site at permitted facilities, but there will be regulatory tonnage reporting to Current biomass conversion facilities CalRecycle starting in 2016. CCC is have been eligible for CEC grants, CFDA RENDERING REGULATIONS supporting SB 498 to allow the devel- RMDZ loans, and renewable energy TOPIC: Clarification/revision of opment of CEQA-entitled facilities at credits by rationalizing that the syngas Agriculture Code regarding meat CCC member facilities. from gasifying the biomass feed- collection by solid waste haulers stock was being combusted. Phoenix STATUS: Letter of petition to CDFA by Current law defines “biomass conver- Energy built their first plant in Merced SWIG-led coalition sion” as the controlled combustion with a RMDZ loan from CalRecycle, LOCATION: California Department of of defined clean biomass materials and has negotiated heavily with PG&E – such as wood, lawn and garden Food and Agriculture – Animal Health on interconnection agreements and and Food Safety Services clippings, agricultural waste, leaves, incentive pricing. SB 498 will ensure tree pruning as well as non-recyclable that the grants and incentives will stay CALENDAR: TBD paper – when separated from other in place.

CaliforniaCompostCoalition.org August 2014 | 3 CCC News CEC Awards Napa Recycling Project $3 million Napa Recycling, together with This Napa project will serve The California Compost Coalition the City of Napa, is ready to as a truly unprecedented (CCC) is a registered Lobbying launch the Napa Renew- and replicable model Coalition with the Fair Political able Resource Project this for self-contained, Practices Commission (FPPC), month, that integrates community-scale created in 2002 by a group of compost emerging technologies distributed renewable operators in response to demands for at the Napa Material transportation increased recycling of organic materials Diversion Facility. Greg fuel production and production of clean compost and Kelley of Napa Recycling and environmental bioenergy. and Kevin Miller with the sustainability The California Compost Coalition City of Napa have been throughout California. represents member organic material working on this concept for the In their award, CEC recyclers and compost operators with last five years, as AB 32 policies recognized that this model could a unified statewide voice on many were implemented and technologies be located in communities of 100,000 issues: product safety and standards, emerged. The Napa Renewable people or more, ideally co-located government regulations, environmental Resource Project integrates solar and at one of the 100 transfer stations, planning, and marketing. biomass energies with fuel production 60 material recovery facilities, or 50 Members into a carbon-neutral recycling and composting facilities throughout the Agromin compost facility that will have a car- state where the collection fleet is Caglia Environmental bon negative fleet and an upgraded parked. California Wood Recycling storm water system. Cold Canyon Compost Such as the governor has been Mt. Diablo Recycling As announced on July 18, 2014, the promoting distributed generation for Napa Recycling Compost City of Napa was among 11 proposed electricity, this project will show that Northern Recycling Compost awards announced under Round 2 of renewable transportation fuels can Organic Waste Solutions the California Energy Commission’s also be distributed within the commu- Phoenix Energy (CEC) Grant Solicitation PON-13- nity and engender significantly lower Quackenbush Mt. Compost 609 for Pilot-Scale and Commercial- vehicle miles traveled. Right-sizing Rainbow Environmental Services Scale Advanced Biofuels Production the facility at 25,000 TPY limits the Sonoma Compost Facilities. The proposed “Anaerobic environmental impacts and mitigation Tracy Delta Compost Upper Valley Recycling Digestion to Renewable Compressed measures. Traffic is less than 20 vehi- Zanker Road Resource Management Natural Gas” project was awarded $3 cles per day and air emissions do not Z-Best Compost Facility million and plans to utilize exceed thresholds. Energy (ZWE) technology coupled Executive Committee with a BioCNG fueling system to Compost facilities and AD facilities are Bill Camarillo convert 25,000 tons per year of food compatible and are not in competition; Agromin waste and green waste into fuel for a the AD digestate needs to be com- Greg Kelley posted. CalRecycle and CARB have Northern Recycling Compost fleet of 35 trucks. estimated that between 2.5 to 3.75 Will Bakx Sonoma Compost The City will manage the project; million tons will need to be anaero- Christy Pestoni Abreu Napa Recycling will oversee con- bically digested (about 100 projects Upper Valley Recycling struction and daily operations, while at 25,000 TPY) in 2020, and another Michael Gross ZWE will provide the High Solids An- 2.5 to 3.75 million tons will need to be Z-Best Compost aerobic Digestion (HSAD) “SMART- composted in 2020. Community-scale FERM” dry organic waste fermenta- AD facilities can be co-located in-town Staff Neil Edgar, Executive Director tion technology and the renewable and in-vessel at existing facilities Evan Edgar, Regulatory Affairs natural gas (RNG) fueling station. receiving commercial food waste and Monica White, Sustainability Advisor The project will produce 328,000 some green waste. Almost all of the Rita Athanacio, Communications diesel gallon equivalents (dge) per Climate Action Plans being adopted year of carbon negative fuel. The City by hundreds of jurisdictions through- Legislative Affairs Justin Malan, EcoConsult will provide $9.69 million in matching out the state target the development Neil Edgar, Edgar & Associates Inc. funds, covering 76.4% of the project of alternative fuel infrastructure, expenditure. The CEC will decide on alternative fuel production, and waste www.californiacompostcoalition.org proposed awards in its mid-October diversion, where this community-scale Board Meeting. model delivers.

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