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CalRecycle held the first of two informal public workshops for June for the SB 54 regulatory rulemaking process today. Today's workshop focused on Covered Material Category, Recyclability and Compostability. A recap of the workshop including comments CalRecycle received and responded to are provided below. Comments and feedback related to this workshop are being accepted through July 13, 2023.
SB 54 June workshop 1/2 Highlights
The June workshops hosted by CalRecycle are focused on receiving feedback from the public for recommendations from grocers, local governments, waste haulers and others on developing rules to implement SB 54, which required a 25% reduction in plastic packaging by 2032, 65% of single-use packaging to be recycled by 2032 and 100% of packaging in California to be recyclable by 2032.
Note: All of the info provided here, with the exception of the comments sections, are included in the discussion documents we have linked to below, which go into much greater detail. We highly recommend carefully reviewing each discussion document to get the most comprehensive updates Calrecycle is providing on their rulemaking process for SB 54.
Topic I: Covered Material Category List
Discussion doc: https://www2.calrecycle.ca.gov/PublicNotices/Documents/15057
- Overview of Covered Material Categories (CMC)
- Non-reg workshop on the draft CMC list
- Reg workshop of reg concepts pertaining to CMC list
Part I
- Key definitions (4 definitions reviewed relevant to CMC list):
1) Covered Material (this definition has been reviewed in all previous workshops and is available on the CalRecycle website and in the Topic I CMC List discussion document); 2) Covered Material Category; 3) Plastic; 4) Plastic Component
- Statutory Overview of CMC List: CalRecycle is required to establish and post a list of covered material categories by July 1, 2024
- Pertaining to the PRO: The PRO may organize itself into subcommittees or some other similar structure, including delineation by covered material category, to ensure sufficient focus on each covered material category to better enable each category to meet the recycling rates required – PRC 42051(e). In developing the budget, the PRO may determine investments the PRO will make based on covered material categories – PRC 42051.1(i)(4) The PRO is required to annually report data, some of which is reported by covered material category – PRC 42052 The PRO is required to create a fee structure that is categorized by covered material category - PRC 42053(d). PRO data reporting requirement and specifics around this requirement were reviewed.
Part II
- Estimated Timeline for CMC List drafts and updates
- Draft conceptual Framework
Item 1: Estimated Timeline for CMC List Development
June 28, 2023 (June Public Workshop) – First draft of covered material categories list provided for feedback from interested parties.
August 29/30, 2023 (August Public Workshop) – Second draft of covered material categories list provided for feedback from interested parties.
By January 1, 2024 – Publication of list of covered material categories that are deemed recyclable and compostable, along with list of covered material categories.
By July 1, 2024 – Publication of updated list of covered material categories
Item 2: Conceptual Framework for Establishing List of Covered Material Categories.
- CalRecycle reviewed 6 key factors for forming the proposed conceptual framework discussed in detail
Framework Factor #1 – Packaging and Food Service Ware Comprised of Multiple Separable ComponentsFramework Factor #2 – Delineating Between Plastic and Non-plastic Covered Material
Framework Factor #3 – Categorization by Dominant Material Type
Framework Factor #4 – Addressing Recyclability and Compostability
Framework Factor #5 – Compatibility with Material Characterization Study (MCS) Sorting Categories
Framework Factor #6– Categorizing Small Items
Public Comments on Item 2:
- CalRecycle response to a comment: Plastic and non-plastic materials differences. Three key differences: 1) Source reduction 25% for plastic; 2) all covered material be recyclable or compostable by 2023; 3) recycling rate numbers are for plastic covered material.
- CalRecycle response to a comment: CalRecycle is considering extending the comment deadline by a couple of days due to all the info packed into these two days of workshops and the July 4th holiday (requested in a comment)
- Comment: Factors 1- more clarification on definitions of separable and on Factor 6- aggregating small items to broader categories but not based on resin. How does this work for something like a K cup? For plastic- there would be two size categories- items that fall within the 1-2 inch category and plastic that falls within the less than 1 inch category.
- Comment: Factor 3- mixed materials will be challenging to account for within the data- concerns data aligns in ways we can track the source reduction targets like a box with a see through plastic film. If box gets categorized as paper, we want to be sure we have evidence to track that we are reducing in thoughtful ways accounting for all of the item’s components. (Nature Conservancy comment)
- Comment: In aggregating like materials that are recyclable together, CalRecycle needs to consider color, which is an important component.
- Comment: What is in the container should be sub categorized as it may be important for determining recyclability.
- Comment: Factor 3: Dominant material type- which would take priority, Factor 3 vs Factor 2. With Factor 2 if item has any plastic it gets considered plastic. What is the difference between any vs most. Need greater clarity there. CalRecycle response: Framework Factor 2 is whether it contains any plastic vs what the item’s dominant material type is.
- Comment: Factor 6- it is worth categorizing small items, but there are so many of them and they are so diverse. Metals, paper, all different kinds of plastics. Such a vast universe in product packaging world- CalRecycle should break those out by class- by material and form. PET bottles small. EV bottles large for example. It’s a lot of categories, but we need that level of refinement. Concerned how aggregating them in the data would aggregate them in real life and we would not know where they end up. Categorize all small items by industry type such as cosmetics, grocery items, etc. Toxicity and other factors- which criteria is CalRecycle planning to use to create recyclable things. The list of covered materials, collection materials and the list of actual recyclable things is confusing. CalRecycle response: proposal for 2 inch categorization- similar to what was put forward in OR- will be extremely important for categorization of small items. CalRecycle is supportive of all of these comments.
- How is the two inch size devised (thickness? Length? CalRecycle response: In the material characterization studies we only sort items of 2 inches. And seeing how recycle processors process materials. How to measure- CalRecycle wantsa feedback on. This is clearer for rigid items- if larger size is smaller than 2 inches. Rubber bands, however, with sides that are flexible- CalRecycle is open to feedback on this. The rubber band problem continues to be an issue for CalRecycle in rulemaking process.
- How will products classified as dangerous goods be handled? Anything that would be classified as a hazardous good through OSHA. In most cases would not be subject to recycling. CalRecycle response: There is a list that contains covered material exemptions where these are included. There is an exemption for covered materials that fall into that category.
- Are printing inks and varnishes printed on packaging considered plastic? CalRecycle response: referred commentator back to the definition of plastic.
Item 3: Draft Covered Material Category (CMC) List (1/7)
Note- CalRecycle will be getting the revised list out this Fall
- A draft covered material category list was developed based on the conceptual framework described in the previous item. Most covered material categories, aside from those for small items, are defined by four major characteristics that together describe the covered material included within that category: (1) Material Class (Glass, Metal, Paper/Fiber, Plastic, Wood & Other Organic) (2) Material Type (3) Form (4) Presence of Plastic
- In addition to the category structure described above, specific covered material categories were created for small items, which are items with their largest side less than two inches in length. Categories for small items are defined by three characteristics: (1) Material Class (2) Size (3) Presence of Plastic
- Detailed lists of covered material categories within a specific class are included in the Discussion Document pages 11-20. Lists include: Glass Material Class, Metal Material Class, Paper/Fiber Material Class.
Public Comments on Item 3:
There was a lot of interest in this item.
- Why are wood bamboo treated separately from paper or molded fiber? CalRecycle response: we welcome feedback if these should be combined into the same material class.
- Are you able to provide an example of a paper product w/o a plastic lining? CalRecycle response: an envelope, cardboard were provided. If you believe that is not a category that exists in the world we are open to that feedback.
- Is the PRO expected to achieve recycling rates by each category or can categories be combined to achieve an overall recycle rate. CalRecycle deferred to a future workshop where recycle rates will be discussed in detail.
- Can CalRecycle add a category for colored PET as well? Same as natural vs colored? CalRecycle would like feedback on whether delineating color would be useful.
- What are the categories intent? Measuring generation or are they also used to measure recyclability per category? How should we think about the categories from a high level perspective. CalRecycle: Part 1 of this topic provided the overview of how covered materials are used in a diverse way across statute. Categories are used for a variety of purposes as listed in the discussion document. A lot of statute has to be considered when thinking about this- it is not one specific part.
- Source reduction mandates- how is weight being added in and tracked? CalRecycle will consider source reduction piece.
- Small plastics need a different strategy then curbside or municipal collection.
- There is three classes of colored: tinted, green and blue and black, other colored. All pretty prohibitive in creating a high quality bale of PET- these should all be classified separately.
- Does ceramics fit in somewhere? It is a concern with glass and is not on CalRecycle’s list.
- Small cosmetics (including containers) should be grouped together so we can get a better resolution on how those get captured, recycled or reduced and eliminated in the future. CalRecycle requested more detail on what is sortable wand what items specifically this commentator is referencing.
- A request for CalRecycle to include prelim determination of recyclability and compostability in the next draft of covered material list for feedback before list is published in January, 2024.
- Bottle caps all over beaches and in oceans worldwide. Impacting sea and wildlife - especially albatross- as it looks like shrimp and quill. In Europe, they are attaching caps on container- concerned that separability, producers are not given the incentive to connect the cap. The cap is probably cheaper than the container that is why the producers go with two different materials for bottle vs cap.
- Lids on glass jars- the ones lined with plastic, what category are those in? A lot of this is it depends- whatever the lid of the glass jar is on, it depends on what the jar is made of and the size of the lid. If lid is lined with plastic, it would need to be in a covered material category that includes with plastic. If it is a glass jar that has a lit that can not be separated, they would be considered together and not able to be separated.
- Does detachable refer to consumer will detach or its detachable through recyclable process? CalRecycle referred back to definition of separable and providing comments there to that definition. It’s intended for the producer rather than how a consumer would interact with the packaging.
Part III: Workshop of Regulation Concepts
Item 1: Amendments to the Covered Material Category List
According to statute, CalRecycle is required to determine a process for updating the CMC list. CalRecycle proposes to promulgate regulations to develop a process and overall timeline for making amendments to the CMC list, including the events that trigger this process. Regulation Concept: The amendments process will be triggered by one of two situations: Situation 1: The list is updated based on the data the department collects through a material characterization study. Situation 2: The list is updated when the PRO, an Independent Producer, or the Advisory Board seek a reasonable amendment due to unforeseeable circumstances that occur during periods where MCSs are not being conducted or when a producer seeks a change. Details of each situation are included in the discussion document on pages 21-23.
Comments to Part III:
- What role would an advisory board have with any changes to the CMC list? It would be a good place for the board to have more authority in the area of process and timeline for making amendments to the CMC List. CalRecycle said the board will be used as a potential review point. Includes PRO plan review and review of overall process for proposed amendments to proposed CMC list. As technology, materials, implementation all changes- the advisory board members’ feedback will be valuable so CalRecycle is taking this comment under advisement.
Topic II Recyclability
Discussion doc: https://www2.calrecycle.ca.gov/PublicNotices/Documents/15058
Part I: Background and Informational Items
- Overview of SB 343 (Allen)
SB 54 requires 100% of covered materials to be “recyclable or compostable” by 2032. Broadly, recyclable means that the material meets statutory requirements for being labelled and marketed as recyclable established by SB 343 (Allen, Chapter 507, Statutes of 2021) as well as regulatory requirements established pursuant to SB 1335 (Allen, Chapter 610, Statutes of 2018). This section summarizes the statutory and regulatory requirements pertaining to recyclability.
- Overview of Recyclables in SB 54: all covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032 is required to be recyclable in the state or eligible for being labeled “compostable.” Requirements for CalRecycle under this part of the regs is available on the discussion document on page 4.
Public comments to Part I:
- What does jurisdiction mean? County? CalRecycle: based on population. Each jurisdiction - an incorporated place in CA. Can be a town, city, county, city within a county, special district, incorporated and an entity that combines multiple agencies. If population of state is 40 million give or take, and a collection of jurisdiction represents 30 million people, that would be 75% of the people in the state.
- Is CalRecycle or the manufacturer making the determination of whether or a product is recyclable? CalRecycle: cannot make the determination for individual products, there are far too many, so the agency will make the determination at the category level.
- Other forms of disposal in the definition of what is NOT recyclable. Request for more clarity around this part of the definition of recyclable. Request for more clarity around other forms of disposal. If it is end of life it is clearly not recycling. The responsible end markets should cover if a process if a process the state wants to have.
- What 3rd party recycling certifiers will CalRecycle look to have their producers test their products and packages through? CalRecycle is still looking into the 3rd party contractors and is in process of developing so please continue to submit feedback around this.
- Does something need to be recycled into its original form to be deemed recyclable? CalRecycle: Nothing currently in statute on this. As of right now that would not be a requirement, but welcomes feedback so this could potentially be clarified. In the 343 statute- it does not contemplate what recycling is, more focused on whether or not it is collected by recycling programs. And are large volume processors sorting it out of the stream and recovering it, baling it, consistent with the Basil Convention. Those are the criteria- no where in there is specifics on the end process.
- “Meets health and environmental standards” needs to be adhered to everywhere possible to ensure recyclability.
Part II: Definitions reviewed: Recycling Program, Reclaimed, Defined Streams
Public comments to Part II:
- Request to modify definition of defined stream. CalRecycle: intent w/the definition provided is more focused on the material that gets sorted and acknowledging that some material never enters a mixed waste stream. Some is straight from consumer to a non-mixed waste stream.
- How is yield handled in definition of recyclable materials? CalRecycle: material must be sent to responsible end markets (refer to discussion document sent last month that specifies 60% yield proposed for responsible end market).
- Clarity requested on material not recycled in CA. CalRecycle: Difference between recycled in CA and being recyclable in CA. Being recyclable does not require material to be recycled at the end stage in CA.
- Independent recycling operators wouldn’t qualify as a program correct in terms of accepting payments, fees, etc? How would an emergent mail back kind of program, for example, fit if they do not have a contract agreement permit or other authorization locally? CalRecycle: will consider this in the definition making part of the reg rulemaking process.
Topic III Compostability
Discussion doc: https://www2.calrecycle.ca.gov/PublicNotices/Documents/15056
- SB 54 requires 100% of covered materials to be recyclable in the state or eligible for being labeled “compostable” by 2032. This section summarizes the statutory requirements pertaining to compostability.
- Definitions reviewed and discussed: Covered Material, Covered Material Category, Packaging, Plastic, Responsible End Market
- Overview of Composting/Compostable: all covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2023, shall be recyclable in the state or eligible for being labeled “compostable” in accordance with California’s compostable product labeling law.
- Standards of Compostability Defined in California’s Compostable Product Labeling Law reviewed
Public comments:
- Recommend any product should pass relevant compostability specifications as most contain adhesives and binders. CalRecycle: adhesives and binders fall under definition of plastic so would fall under plastic materials.
- What current products are being accepted into USDA program and how is that different than the Omni standard. CalRecycle referred commentator to National Organics Program.
- All of this is contingent on 1201 being fully implemented. Things like labeling requirements and what is a look alike product requirement composers will not be able to accept if 1201 is not fully implemented.
- Should the definition of compostable be what ASTM says, should policy go to the ASTM standard of should policy be set as to whether or not a composter will actually compost the material? CalRecycle is aware of other statutes that handle the definition of compostability differently.
- How is organics source defined and implemented when USDA does not currently have a Biopolymer certification process? CalRecycle: The SB 54 is not the organics team- cannot speak specifically to organics recycling efforts, but are in conversation with that team as the regs are further fleshed out.
- Lots of comments about AB 1201 and other statutes related to compostability possibly conflicting with or making SB 54 regs more difficult to form and implement. CalRecycle is unable to change any of the language in SB 54 and AB 1201 statutes, but any additional feedback provided on issues between the two statutes will be taken into consideration as SB 54 rulemaking progresses.
- Regulatory concepts: 1.) definition of compostable and 2) revised responsible end market concept for covered materials.
- Compostable is not defined in SB 54. Proposed definition of compostable for implementing SB 54 reviewed (and included on pages 8 and 9 in the discussion document).
Public comments:
- Why the differentiation between plastic and polymers in the definition of compostable. CalRecycle: that was taken off of the language that was in the labeling statute. Commentator recommended combining them into one since SB 54 has a different definition of plastic.
- Food scraps and yard trimmings- what is the test to differentiate between the two? CalRecycle: intent is to ensure compostable material is being collected with our organics waste collection system. Welcome suggestions for clarifying this further. This is from 1201 so more comments here are welcome.
- Biopolymer gets additives added to it for testing purposes which makes it no longer compostable. That issue should be looked at in the rulemaking process. Certain chemicals included require an additional certification process so compostability is not impacted. CalRecycle will consider this.
- Lots of comments around ASTM compostability standards.
- Concept 2 review regarding responsible end markets. Discussion document from May 31 workshop also covers this.
- Adequate biodegredation reviewed
- Revised REM proposal reviewed
Public comments:
- Most of the comments in this section CalRecycle responded to by pointing people to the May 31 discussion document
Future Workshops:
The second June workshop for SB 54 will be held tomorrow, June 29, and cover: local jurisdiction impacts; producer compliance independent of PRO; exemptions for small producers, small retailers and small wholesalers; and data collection for the Standardized Regulatory Impact Assessment (SRIA).
CalRecycle is also planning to hold informal workshops on regulatory concepts for SB 54 on July 24, 2023 and July 25, 2023. More details will be released closer to the event. Dates are subject to change.
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