Criteria for the Issuance of a Hazardous Waste Facility Permit or Permit Modification (Permit Decision Criteria) (Regulation Reference Number R-2016-03)

Summary

SCH Number
2018098278
Lead Agency
Toxic Substances Control, Department of (Department of Toxic Substances Control)
Document Title
Criteria for the Issuance of a Hazardous Waste Facility Permit or Permit Modification (Permit Decision Criteria) (Regulation Reference Number R-2016-03)
Document Type
NOE - Notice of Exemption
Received

Document Description
Health and Safety Code section 25200.21 was enacted into law as part of SB 673 (Stats. 2015, Chp 611, sec 1, effective Jan 1, 2016) Sec 25200.21 is part of the CA Hazardous Waste Control Law (HWCL), Health and Safety Code sec 25100 et seq. Sec 25200.21 requires the DTSC to adopt regulations establishing criteria used for the issuance of a hazardous waste facility permit or a permit modification, which may include criteria for the denial, suspension, or revocation of a permit. Section 25200.21 further requires DTSC to consider a facility's past violations (compliance history) cumulative impacts to the surrounding community (including vulnerable populations) financial responsibility, facility personnel training, and completion of a health risk assessment in DTSC's permit decisions. The proposed regulations impose the following requirements on facilities: 1) new violations scoring procedure requirements; 2) new community involvement profile to enhance public participation requirements; 3) additional financial assurance requirements for corrective action; 4) additional training requirements; and 5) new health risk assessment requirements. The benefits and purpose of the proposed project include DTSC's fulfillment of its legislative mandate to adopt these regulations and the enhanced transparency and consistency in DTSC's permit decisions. The enhanced transparency and consistency would, in turn, foster greater public confidence in DTSC's administering of its hazardous waste facility permitting program. The proposed project is also intended to have a deterrent effect on the hazardous waste facilities and to encourage them to comply with applicable law and regulations.

Contact Information
Evelia Rodriguez
Department of Toxic Substances Control
1001 I St MS: SPWP/MS 11A
Sacramento, CA 95814

916-327-6104

Location

Regions
Statewide

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
15308 Actions by Regulatory Acti
Reasons for Exemption
The HWCL established DTSC's hazardous waste permitting program to protect public health and the environment. SB 673 directs reforms to DTSC's permitting program by requiring DTSC to adopt regulations to improve the protectiveness, timeliness, legal defensibility and enforceability of DTSC's permitting program. The proposed project is a statewide rulemaking project that consists of adding or amending sections 66260.10, 66264.16, 66264.101, 66264.141, 66264.143, 66264.144, 66264.145, 66264.146, 66264.147, 66264.151, 66265.16, 66265.141, 66265.143, 66265.144, 66265.145, 66265.146, 66265.147, 66270.14, 66271.50, 66271.51, 66271.52, 66271.53, 66271.54, 66271.55, 66271.56, 66527.57, and 66271.58 to Division 4.5 of Title 22 of the CA Code of Regulations. DTSC has determined that the proposed regulations are actions taken by DTSC to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. No construction activities or relaxation of standards allowing environmental degradation are included in this rulemaking project.
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