Industry Will Likely Oppose California Plan to Mandate Recycling

Date: December 14, 2009

Source: News Room

Waste industry groups are worried about draft rules in California to mandate commercial waste recycling as a means to reduce greenhouse gas (GHG) emissions. They are especially concerned that the rules would be enforced by the state's Air Resources Board (ARB) rather than the California Integrated Waste Management Board (CIWMB) and its successor waste department under Cal EPA. Cal EPA is considered to be better suited to the task with greater waste and recycling expertise. The problem is that the rules to mandate recycling originate under state law AB 32 as a means to reduce greenhouse gas (GHG) emissions. As such, authority rests with ARB. The draft rule aims for GHG reductions of 5 million metric tons by 2020, which will require recycling 2 to 3 million tons of materials by then. So far, CIWMB is in charge of developing the regulation in collaboration with ARB staff, but ARB will then be responsible for adopting the regulation through its rulemaking authority under AB 32.

ARB and CIWMB legal staff are currently working on the details of an agreement that allows the mandatory commercial recycling rule to be integrated into CIWMB's existing "AB 939," a 1989 law requiring the state to boost recycling and waste diversion rates to 50 percent by 2000. As it stands however, ARB would retain the overall authority and oversight of the regulation.

Many businesses are expected to oppose at least parts the rule once details of its implementation and enforcement begin to emerge.

See also, "California to Use GHG Rule to Mandate Waste Recycling," (www.wasteinfo.com/news/wbj20090728A.htm).

To learn more about the draft regulation, visit: www.ciwmb.ca.gov/climate/Recycling/default.htm.

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