CalRecycle Updates
Request for 45 day comment period extension in SB 54 Rulemaking
CRA prepared a letter to CalRecycle requesting an extension of the comment period for the pending revised draft rules for SB 54, shifting from the minimum 15-day comment period to a comment period no less than-45 days. This extended comment period would allow more time for stakeholder review, further opportunity for in-depth comments on the draft revised rules and would ensure that the SB 54 Advisory Board would have the opportunity to meet to discuss and develop its own comments. While the revised draft rules have not yet been released, we are preparing for multiple scenarios and plan to have this letter ready to send to CalRecycle should the agency opt to set the minimum 15-day comment period upon release. Read the letter we are preparing here.
CAA Participant Producer Agreement Consultation
The Circular Action Alliance (CAA), California's Producer Responsibility Organization (EPR) for the implementation of SB 54 shared an overview of the Participant Producer Agreement (PPA) with Producer Working Group attendees. The PPA is a critical next step in ensuring producer compliance with EPR for paper and packaging programs. In order to receive access to confidential reporting guidance and the reporting portal, producers must have completed a signed PPA with CAA.
CAA is committed to a consultative relationship with the producers it represents, and as such, is inviting registered producers to preview and provide comments on the PPA. The consultation process is meant to solicit any major concerns producers may have with the structure or general contents of the PPA before it is finalized.
CAA will not accept detailed redline edits and only feedback provided through the survey will be considered. As a reminder, this consultation is only being sent to producers that are registered with CAA. Please do not share the PPA draft with anyone other than: 1) your company, 2) legal counsel or 3) industry trade association (if they are providing comments on your behalf).
CAA will accept survey responses from producers until the survey closes at 5 pm EDT, Wednesday, September 18. Late responses will not be considered. Only one survey may be completed per registered producer company.
The next session of the Producer Working Group, scheduled for Tuesday, September 17, will share more information about the PPA consultation. CAA encourages producers and their legal counsel to register for this session if they have further questions on the consultation process.
Click here to access the survey, where you may also choose to download a pdf version of the PPA.
Updated Guidance on Recyclable/Compostable Materials
CalRecycle issued updates to its Covered Material Categories (CMC) list that provides insights and clarification on what materials are likely to be deemed recyclable or compostable in compliance with California’s EPR law, SB 54, and also its law limiting use of the chasing arrows symbol and other recyclability claims, SB 343.
The initial list was published in December 2023, and by statute was required to be updated by July 1, 2024. The updated list has 94 categories, down from 98 initial categories (and down from over 130 in a previous draft). The determinations as to the recyclability of those categories are still preliminary and will be finalized on January 1, 2025.
Producers of covered materials under California and other state EPR laws will be responsible for the full life cycle of covered materials and must join and fund a Producer Responsibility Organization (PRO) charged with implementing the laws, which in CA is the Circular Action Alliance or CAA.
The CMC list also provides guidance on what materials may be labeled with a chasing arrows symbol. California passed SB 343 in 2021, which prohibits use of the chasing arrows symbol or other recyclability claims unless the materials meet specific requirements.
The law includes a sell-through period for products and packaging manufactured up to 18 months after CalRecycle issues regulations concerning what materials meet those requirements. Finalization of the CMC list (Jan. 1, 2025) is expected to trigger that 18-month grace period. Read more.
SB 54 PRO Hires CEO
CAA announced Jeff Fielkow as the organization’s chief executive officer. Jeff brings more than three decades of business experience, including extensive executive leadership in the packaging and recycling industries, to his role as CAA’s first CEO.
SB 54 PRO Producer Working Group #9 Recap
CAA held its ninth Producer Working Group Meeting (PWG #9), which focused on CAA’s Participant Agreement and an overview of SB 54 regulatory terms including EPR, PRO and Eco Modulation. Read the CRA team recap for our members here, which includes the Q&A portion of the call not provided by CAA.
SB 54 PRO Bonus Q&A Session Recap
CAA held a bonus questions and answers session for all producers who have registered to date with the PRO. Cal Retailers was in attendance and provided a recap for our members here. Producers can sign up for CAA on boarding sessions here. Access CAA's producer resource center here.
Next SB 54 PRO Stakeholder Update
The next CAA Stakeholder Update will be held on Thursday, September 24 at 9:00AM PST. Producers will meet CAA’s new CEO, Jeff Fielkow, CAA executive directors for Oregon and California and learn more about CAA’s work to prepare for the country’s first EPR programs for paper and packaging. The presentation will be followed by a Q&A session. Register here.
SB54 CEQA Public Scoping Meeting Recap
CalRecycle, as the Lead Agency, is preparing a Program Environmental Impact Report (PEIR) pursuant to the California Environmental Quality Act (CEQA) for SB 54 proposed regulations. CalRecycle held a public scoping meeting for the purposes of soliciting written comments from interested parties, responsible agencies, agencies with jurisdiction by law, trustee agencies and involved federal agencies, as to the appropriate scope and content of the PEIR.The CRA team was in attendance and prepared a recap for our members, available here. Get more information on the SB 54 webpage.
Final Reminder: 15-Day Comment Period for SB 1013 Dealer Registration and Dealer Cooperatives Ending
CalRecycle's 15-day written comment period for the proposed revisions to the SB 1013 Dealer Registration and Dealer Cooperatives Permanent Rulemaking ends today, Tuesday, September 3. This 15-day written comment period follows an initial 45-day public comment period that began on March 15, 2024, and ended on April 30, 2024. On April 30, 2024, CalRecycle held a hybrid public hearing to receive public comments.
CalRecycle will only consider written comments sent to CalRecycle and received during the 15-day written comment period which begins on August 19, 2024 and ends on September 3, 2024. Written comments received by CalRecycle after the close of the public comment period are considered untimely. CalRecycle may, but is not required, to respond to untimely comments, including those raising significant environmental issues.
The Notice of 15-Day Changes to Proposed Rulemaking (Notice) and the revised regulation text are available below. Please refer to the Notice and the rulemaking webpage for more information, including how to submit comments.
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View the Notice here.
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Access the rulemaking webpage here.
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Read the regulation text here.
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Submit comments here.
Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.
For additional information or questions regarding this rulemaking effort, please contact Regulations@CalRecycle.ca.gov.
CalRecycle's Zero Waste Plan Update
CalRecycle is drafting a statewide Zero Waste Plan, which is due to the legislature January 1, 2026. CalRecycle held a public workshop to gather feedback on the Plan. CRA was in attendance and took notes for our members. Read the recap here. View the workshop agenda here and the discussion document here.
Final Reminder: Battery-Embedded Products Informal Rulemaking Comment Period Ending
CalRecycle is accepting public comment on select requirements outlined in Senate Bill 1215 (Newman, Chapter 370, Statutes of 2022). Public comment is due by September 3, 2024. Comments can be submitted here.
Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written comments, attachments and associated contact information (e.g., your address, phone, email, etc.) become part of the public record and can be released to the public upon request.
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