Variance TWW-2021-TR-00482 to Allow the Transport of Treated Wood Waste under Alternate Procedures by I.H.S. Construction, Inc.


SCH Number
Public Agency
Department of Toxic Substances Control
Document Title
Variance TWW-2021-TR-00482 to Allow the Transport of Treated Wood Waste under Alternate Procedures by I.H.S. Construction, Inc.
Document Type
NOE - Notice of Exemption
Document Description
The Department of Toxic Substances Control (DTSC) has issued a variance to I.H.S. Construction, Inc. to transport treated wood waste from authorized generators and/or handler facilities to disposal facilities. The treated wood waste is generated as a result of foundation and deck offcuts and waste. 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-TR-00482, I.H.S. Construction, Inc. will ensure the treated wood waste will be appropriately managed. The treated wood waste management activities are part of a larger development involving the building of a new house with decking. 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. Without the issuance of the variance, I.H.S. Construction, Inc. would be required to register as a hazardous waste transporter with DTSC and manifest treated wood waste as a hazardous waste prior to disposal at a hazardous waste disposal facility. I.H.S. Construction, Inc. is a General Building Contractor. The applicant previously conducted treated wood waste management activities under the now expired alternative management standards established at 22 CCR 67386. Under the variance, the authorized transporter may collect treated wood waste from generators and/or handlers and transport it to an authorized handler or disposal site. Operations generally include loading and unloading operations and shipping treated wood waste along existing transportation routes. No accumulation activities are authorized as a part of this variance. The variance will expire on November 9, 2021 with possibility of extension for an additional six months.

Contact Information

Kahui Lim
Agency Name
Department of Toxic Substances Control
Contact Types
Lead/Public Agency


Northern California
Other Location Info
3075 Oakcrest Dr, Clearlake, CA 95422

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
CCR Title 14, Sec. 15308
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. The handling and transport of the TWW is consistent with the actions taken by regulatory agency, to assure the maintenance, restoration, enhancement or protection of the environment. The approval of this variance will ensure the treated wood waste generated will be contained from release during transport to an authorized accumulation site or disposal facility.


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