Cal. Code Regs. Tit. 14, § 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.

Notes

Cal. Code Regs. Tit. 14, § 18983.2

1. New section filed 11-3-2020; operative 1-1-2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).

Note: Authority cited: Sections 40502, 43020, 43021 and 42652.5, Public Resources Code. Reference: Sections 40192 and 42652.5, Public Resources Code; and Section 39730.6, Health and Safety Code.

1. New section filed 11-3-2020; operative 1/1/2022 pursuant to Public Resources Code section 42652.2(a)(6) (Register 2020, No. 45).