Variance TWW-2021-SG-00250 to Allow the Generation, Accumulation, and Transport of Treated Wood Waste under Alternate Procedures by Mendocino Railway
The Department of Toxic Substances Control (DTSC) has issued a variance to Mendocino Railway to generate and accumulate treated wood waste on-site. The treated wood waste is generated as a result of CCA "green" ties and creosote treated ties. The variance allows treated wood waste to be managed under procedures different from, but equally protective to human health and the environment to, the provisions of California Health and Safety Code (HSC) Articles 6, 6.5 and 9 of Chapter 6.5 and California Code of Regulations (CCR), Title 22, Division 4.5, Chapters 12, 13, 14, 15, 16, 18, and/or 20. Under the terms and conditions of Variance TWW-2021-SG-00250, Mendocino Railway will ensure the treated wood waste will be appropriately managed. Treated wood waste is a fully regulated California-only hazardous waste because it exhibits the hazardous waste characteristic of toxicity. From 2007 to December 31, 2020, treated wood waste was managed under alternative management standards, established in 22 CCR 67386. The legislation that authorized the alternative management standards for treated wood waste expired on December 31, 2020. Mendocino Railway is a railroad managing and operating approximately 40 miles of rail line between Fort Bragg and Willits. Under the variance, the authorized small quantity generator may generate and accumulate treated wood waste on-site. Accumulation of treated wood waste includes taking appropriate precautions to prevent unauthorized access to and prevent leaching to the environment of the treated wood waste. No transportation activities are authorized as a part of this variance. The variance will expire on October 5, 2021 with possibility of extension for an additional six months.