Variance TWW-2021-LG-00245 to Allow the Generation/Accumulation/Transport of Treated Wood Waste under Alternate Procedures by Modesto/Empire Traction Company

Summary

SCH Number
2021040270
Public Agency
Department of Toxic Substances Control
Document Title
Variance TWW-2021-LG-00245 to Allow the Generation/Accumulation/Transport of Treated Wood Waste under Alternate Procedures by Modesto/Empire Traction Company
Document Type
NOE - Notice of Exemption
Received
Posted
4/9/2021
Document Description
The Department of Toxic Substances Control (DTSC) has issued a variance to Modesto and Empire Traction Company (CAD 981616980) to generate and accumulate treated wood waste on-site. The treated wood waste is generated as a result of We own, operate, and maintain roughly 50 miles of track throughout the Beard industrial District and routinely replace ties to maintain safe track conditions. Operations related to treated wood waste will be consistent with previous treated wood waste activities conducted by the applicant. 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-LG-00245, Modesto and Empire Traction Company 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. Modesto and Empire Traction Company previously conducted treated wood waste management activities under the now expired alternative management standards established at 22 CCR 67386. Under the variance, the authorized large 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.

Contact Information

Name
John Muegge
Agency Name
Department of Toxic Substances Control
Contact Types
Lead/Public Agency

Location

Counties
Stanislaus
Regions
Northern California
Other Location Info
641 S McClure Rd, Modesto, CA 95357

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
CCR Title 14, Sec. 15301
Reasons for Exemption
All analysis conducted included the potential extension of the variance for an additional six months. DTSC has determined none of the exceptions to the categorical exemptions apply to this project, as described in Public Resources Code Section 21084(c), (d), and (e), and 14 CCR Section 15300.2. Operations under the variance will be substantially the same as those as previously conducted under the alternative management standards established at 22 CCR 67386. This variance is consistent with a former use.

Attachments

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