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From:LEA Info & Calendar@CalRecycle Cc:LEA Info & Calendar@CalRecycle Subject:2024:23 - Emergency Guidance to LEAs on Management of Poultry Carcasses Affected By H5N1 Date:Monday, December 23, 2024 9:59:58 AM Emergency Guidance to LEAs on Management of Poultry Carcasses Affected By H5N1 Exclusion from Composting Regulations and Emergency Waiver Process CalRecycle has determined that the USDA process for managing poultry mortality material, when overseen by CDFA, is not producing finished compost as defined in Chapters 3.1 and 3.2 of Title 14, Division 7. The carcasses resulting from the current H5N1 (avian flu) emergency are being managed through this process, the output of which is best managed as an agricultural material, as defined in 14 CCR 17852(a) (5). These processing operations are temporary in nature and are excluded from regulation as composting activities per 14 CCR 17855(a)(5)(E); therefore, an emergency waiver pursuant to 14 CCR 17210.2 will not be necessary and existing waivers related to this emergency are moot. Storage, Land Application, and Testing Alternatives The agricultural material can leave the site without testing and it can be stored on site or off site, subject to the usual standards for storage of agricultural material. However, prior to being land applied, a determination will need to be made that it meets requirements for metals, pathogens, and physical contamination, as required in 14 CCR 17852(a)(24.5)(A). Per 14 CCR 17868.2(b), 17868.3(d), and 17868.3.1(e), an LEA can grant an alternative method of compliance to testing the material if it is confirmed that the material went through the USDA process, was overseen by CDFA staff, and that the inputs used were all agriculture materials, as defined in 14 CCR 17852(a)(5), as historical testing data shows that the levels for metals, pathogens, and physical contamination are consistently below requirements. For questions or assistance, please reach out to your permitting point of contact or email PermitTrainingAssistance@calrecycle.ca.gov. This announcement is being sent on behalf of the Permitting and Assistance Branch, CalRecycle.