Board Meeting Agenda Item 14
June 17, 2008 Attachment 1
State of California California Integrated Waste
CIWMB 225 (Rev. 7/07) Management Board
CONTRACT ALLOCATION PROPOSAL
Project Title: Three Part Test Validation
Program/Office: WCMP Concept No.: 2008-D-1
Requestor/Primary Contact: Mark de Bie Fund (IWMA, Oil, RMDZ, etc.): IWMA
Estimated Contract Amount: $ 150,000
I. PROPOSAL OVERVIEW
In support of Strategic Directive 8.4, this contract will provide analyses of waste and material
handling activities that have been successful in operating with little or no environmental, or public
health and safety impacts and regulatory models associated with them from other states. These
analyses would be utilized in identifying, defining, and ultimately determining the level of
regulatory oversight that may be required for activities operating within California.
One of the current methods in California for determining if a waste and material activity needs to be
within the regulatory oversight of the CIWMB is the "3 part test". This test is designed to identify
recycling centers that are not regulated by the CIWMB. There have been a number of stakeholders
that have provided testimony that the "3 part test" does not adequately differentiate activities that
handling material streams may result for commercial or multifamily dwells. The current regulations
were developed based on informal surveys of recycling and waste handling facilities that had been
established prior to 1996. Changes have occurred since 1996 in how materials are collected, handled
and processed. The current regulations may not fully address these changes, especially relative to
new technologies, markets and advances in science-based environmental and public health
Other states have approached defining activities associated with waste and material recycling in
various ways. Analyses of various models and methods for drawing distinctions would help in
developing a California-specific method. Identification and description of management practices
that reduce or avoid impacts that could be included in a methodology would also be of benefit in
crafting a California-specific method. Additionally, an assessment of current practices within
California that could be utilized to maintain levels within the "3 part test" would assist in
understanding the current situation. The analyses would be utilized to develop revisions to the
current regulations relative to recycling centers and transfer/processing facilities.
The study would examine models and methods that other states use to make determinations relative
to regulatory oversight of activities that handle materials for recycling and activities handling solid
waste. Models that identify and address waste streams by type and potential environmental and
public health risk would be of highest priority. The study would also examine best management
practices that have been successfully implemented and may have been utilized in making
determination relative to the level of regulatory oversight, especially those that address issues based
on waste stream types and potential risk associated with them. An assessment of the methods used
to determine potential risk would be included. Additionally, there would be review of current
practices utilized in California that assist activities to comply with the "3 part test".
Board Meeting Agenda Item 14
June 17, 2008 Attachment 1
Expected outcomes would include a detailed description and analysis of other state models and
recommendation on ones that could be utilized in California. An additional outcome would be a
detailed description and analysis and recommendation of best management practices for activities
that handle materials for recycling and how they could be utilized in California as part of the
regulatory schema. There would also be an assessment of how the current infrastructure under
current regulation would be affected by the application of a different model for determining
regulatory oversight. These outcomes would support a staff-driven review of current regulations and
potential revision to the regulatory schema in California. Without the study, the effort to complete a
through review and revision of the regulations would be significantly delayed.
II. PRIMARY TASKS, DELIVERABLES AND MILESTONES
1. Identify states and programs that have requirements regarding recycling and transfer stations - two
weeks from beginning of contract.
2. Identify the various models and best management practices associated with the state regulatory
programs - 2 weeks from task 1.
3. Analysis of models and best management practices relative to how they are applied, including
case studies and current practices used in California to maintain compliance with the "3 part test" -
one month from task 2.
4. Analysis of models, including pros and cons, relative to how they address current science, market
dynamics, and new technologies - 2 weeks from task 3.
5. Recommendations of models and best management practices that could be applied to the
infrastructure in California - one month from task 4.
6. Analysis of models that identify and address issues associated with specific waste streams and the
potential impacts to the environment and public health and the methods used in the models to
determine potential risks– concurrent with task 5.
7. Analysis of how application of the models and best management practices would change the
current status of the infrastructure currently regulated in California - two weeks from task 5.
8. Final report including results from task 1-7 and complete and final recommendations - two weeks
from task 6.
Total timeframe - four to five months.