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
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.
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