Local Enforcement Agency (LEA) Odor Management Workshops

Letter to Jim Costa regarding compliance with SB 675

January 6, 2000

The Honorable Jim Costa
Member of the Senate
State Capitol, Room 5100
Sacramento, CA 95814

Dear Senator Costa:

This correspondence is to confirm that the California Integrated Waste Management Board (CIWMB) has complied with the requirements specified in your Senate Bill No. 675 (Chapter 788, Statutes of 1997). Among other things, this measure required: (1) the CIWMB to convene a working group by April 1, 1998, as specified; (2) that this working group, on or before April 1, 1999, develop recommendations on odor measurement and threshold, complaint procedures and enforcement tools; and (3) that on or before January 1, 2000, the CIWMB implement the recommendations it deems appropriate.

As a result, the Compostable Organics Facilities Odor Workgroup (workgroup) was convened on March 11, 1998, to address the legislative mandate for an inclusive process. Staff with odor enforcement experience was chosen (see Attachment A) from the group of agencies listed in the amended statute. Twelve recommendations were developed by the workgroup and submitted by memorandum to the CIWMB on March 30, 1999 (see Attachment B).

In order to gain additional perspectives, CIWMB staff was directed to expand the input by conducting workshops on the original twelve SB 675 recommendations. Staff conducted the workshops in September 1999 and received input from nearly two hundred participants, including the waste management industry (90 participants), original workgroup members, trade organizations, other state and local agencies, private citizens, and staff. Six of the original twelve recommendations received consensus support at the workshops and by the CIWMB. Subsequently, at its November 16^th Board meeting, the CIWMB approved the immediate implementation of the following six recommendations:

1. Odor Measurement and Thresholds Recommendations

• Identify and empower an agency at the State level to provide ongoing technical assistance for standardized quantification and qualification of odors as part of an odor investigation and detection training program accessible to both local enforcement agencies (LEAs) and facility operators. In addition, promote the use of the standardized odor complaint protocol by all field staff responding to odor events at compostable organic material sites (see II. below).

1. Complaint Investigation and Response Procedures Recommendations

• Update Local Enforcement Agency Advisories related to odor complaint response and investigation (at a minimum Advisories 32, 33, and 49) and provide statewide training to enforcement field staff.

• Develop statewide complaint response and investigation protocols and include the protocols in a guidance document. Provide statewide training on the complaint response and investigation procedures guidance documents. The guidance protocols should be comprehensive and include specifics such as:

1. Minimum response times;
2. Information collection checklists;
3. Discussions about jurisdiction at different sites with various concerns; and
4. Interagency coordination and referral of investigations and reporting.

• Develop and provide information on odor characteristics and related effects to the public through a community outreach program.

1. Enforcement Tools Recommendations

• Research the best management practices for prevention and control of odor events at compostable organic materials handling and composting operations/facilities throughout California.

• Develop and distribute a guidance document for LEAs and operators that includes best management practices for odor management in California, including common technologies for detecting and monitoring odors and updated information for the siting of operations, site design, meteorology, topography and other specifics of integrated operations.

Implementation of specific aspects of the recommendations is already underway. Through an interagency agreement with Cal Poly San Luis Obispo, the CIWMB is conducting foundational research in the areas of odor control and bioaerosols as it relates to organic materials operations. The project will provide the following: a best management practices guide for compostable organic material processing operations; research on odor occurrences and successful odor prevention and mitigation; and a research study and methodologies to investigate airborne bioaerosol levels at these sites. Implementation of the recommendations, including this research, will be instrumental in mitigating odor problems at composting operations and other organic material handling facilities, ensuring a strong composting industry and ultimately helping to increase the diversion of materials from California landfills.

Further legislation may be necessary to address some aspects of the above recommendations. Public Resources Code §43209.1 extends the sunset date for LEAs to be responsible for the enforcement of odors emanating from compost facilities to October 8, 2001. As of January 1, 2002, PRC §43209.1 is repealed.

Please feel free to contact me regarding the CIWMB’s decision at (916) 341-6010. You may also contact Ms. Julie Nauman, Deputy Director for Permitting and Enforcement, at (916) 341-6360 .

Sincerely,

ORIGINAL SIGNED

Dan Eaton

Chairman

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Attachment A

Workgroup participants are listed below:

Mark McCabe, County of San Diego, Solid Waste Local Enforcement Agency
Gary Hartnett, Air Pollution Control District, County of San Diego
Katsumi Keeler, South Coast Air Quality Management District
Bill Prinz, County of Riverside, Solid Waste Local Enforcement Agency
Darrell Siegrist, County of Ventura, Solid Waste Local Enforcement Agency
Keith Duval, Ventura County Air Pollution Control District
Dennis Ferrier, City of San Jose, Solid Waste Local Enforcement Agency
Jack Bean, Bay Area Air Quality Management District
Brent Rudin, Bay Area Air Quality Management District
Bob Swift, County of Sonoma, Solid Waste Local Enforcement Agency
Rachel Morton, CIWMB
Jeff Watson, CIWMB

Attachment B

With this memorandum, the Compostable Organics Facilities Odor Workgroup submits its recommendations to the California Integrated Waste Management Board. In March 1998, the CIWMB convened the Workgroup consisting of enforcement agencies and air pollution control districts and air quality control districts as required by Public Resources Code Section 43209.1 (from Senate Bill 675 by Senator Costa and then Chapter 788, October 8, 1997). This section also tasked the Workgroup with making "recommendations on odor measurement and thresholds, complaint response procedures, and enforcement tools and take any other action necessary to ensure that enforcement agencies respond in a timely and effective manner to complaints of odors emanating from composting facilities" by April 1, 1999. Additionally per Section 43209.1, the CIWMB must implement the recommendations of the Workgroup "that the board determines to be appropriate" by January 1, 2000.

PRC Section 43209.1 (Senate Bill 675) Workgroup Recommendations

I. Odor Measurement and Thresholds Recommendations

A. Establish technological expertise in odor measurement and thresholds by researching the availability and efficacy of current odor detection and monitoring equipment and increase the current knowledge of odor characterization, behavior, and mitigation measures. It is recommended that a funding program be established for research, including field testing of odor detection and monitoring equipment for conditions specific to California.

B. Identify and empower an agency at the State-level to provide ongoing technical assistance for standardized quantification and qualification of odors as part of an odor investigation and detection training program accessible both to enforcement agencies (EAs) and facility operators. Promote the use of the developed standardized odor complaint protocol by all field staff responding to odor events at compostable organic material sites (see II. B.).

C. Develop and distribute guidelines for creating and using odor panels to assist with odor verification in investigations. Include these odor panel procedures in a complaint response and investigation guidance document (see II. B.).

II. Complaint Investigation and Response Procedures Recommendations

A. Update LEA Advisories related to odor complaint response and investigation (at a minimum Advisories 32, 33, and 49) and provide training to enforcement field staff statewide.

B. Develop statewide complaint response and investigation protocol and include the protocol in a guidance document. Provide statewide training on the complaint response and investigation procedures guidance document. The guidance protocol should be comprehensive and include specifics such as:

1. Minimum response times;

2. Information collection checklists;

3. Discussions about jurisdiction at different sites with various concerns;

4. Inter-agency coordination and referral of investigations and reporting.

C. Conduct a statewide review and compilation of odor complaints.

D. Study the feasibility of a statewide database that will continue to collect information pertaining to odor complaints.

E. Develop and provide information on odor characteristics and related effects to the public through a community outreach program.

III. Enforcement Tools Recommendations

A. Perform an analysis of "traditional enforcement measures" and implement measures that will achieve and maintain compliance, such as:

1. Revision of current regulatory standards, ie. "minimize" where enforcement is required;

2. Development of templates for contractual agreements-to-operate (ATO) for sites;

3. Methods that define AB 939 recycling credits for "real diversion";

4. Certain and timely enforcement actions for violations of minimum standards, such as "no additional materials accepted on site" until the facility is in compliance.

B. Research the best management practices for prevention and control of odor events at compostable organic materials handling and composting operations/facilities for California.

C. Develop and distribute a guidance document for EAs and operators that includes best management practices for odor management in California, including common technologies for detecting and monitoring odors and updated information siting of operations, site design, meteorology, topography and other specifics of integrated operations.

D. Assess the feasibility of implementing "non-traditional," enforcement measures for preventative, compliance maintenance, such as:

1. A voluntary certification program, including ongoing training of site operators with EAs;

2. Incentives for compliance, possibly reduced costs for inspection;

3. Variable diversion credits through "cradle-to-recycling" tracking;

4. Bonding and/or insurance requirements for sites to operate;

5. An agreement-to-operate (ATO) versus facility permit, with ATOs detailing payment for re-inspections and NOV preparation and performance-based capacity limitations;

6. Local use permit enforcement options for EAs, including use of odor zones, seasonal volume limitations, and meteorologically-adjusted operations;

7. Specific, certain, and timely consequences for violations;

8. "Tier structure" review, and consider elimination/modification of the notification tier.

In California over 30 percent of the waste stream is comprised of compostable organic material. Composting and mulching have been recognized as efficient means of processing these organic materials into products used in agriculture, erosion control, landscaping, and other end-uses. Currently there are over 175 regulated composting sites in California, along with an unknown number of chipping and grinding operations, and many more are planned to assist in meeting solid waste diversion goals.

Increased public concerns about odors, other nuisance factors, and health risks continue to effect siting of compostable organic materials processing facilities near or close to residential areas. Odor complaints interfere with siting and permitting, and some jurisdictions have even been forced to close compostable organic material processing operations. One facility in Riverside County spends between $100,000 and $200,000 per year in an odor monitoring program to satisfy local concerns. Because of these concerns and complaints, jurisdictions have found it difficult, if not impossible, to build the necessary processing capacity. Without properly-situated processing capacity, jurisdictions will remain limited in the amount of compostable organic materials which may efficiently be diverted from disposal, and ultimately prevented from meeting their diversion goals.

Some aspects of these challenges have been addressed by recent legislation. With passage of SB 675 in October 1997, the CIWMB was mandated to convene a workgroup and make recommendations on odor measurement and thresholds, complaint response procedures, and enforcement tools by April 1, 1999, and adopt and implement appropriate recommendations by January 1, 2000. Additionally, SB 675 provides that local enforcement agencies and CIWMB are responsible for conducting investigations of odor complaints involving composting. APCDs and AQMDs are to refer such complaints to the EAs.

The language of SB 675 did not detail the issues of concern nor the process that the CIWMB must use to "implement recommendations" of the workgroup that the CIWMB "determines to be appropriate." The CIWMB has used workshops and small group discussions with special interest groups to assess and prioritize in similar efforts. Some members of the existing workgroup have offered to participate in the assessment and implementation processes.

Additional background information has been compiled as an appendix to this memorandum.

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