Emergency Rulemaking – Regulation of Metal Shredder Aggregate
Summary
SCH Number
2021100500
Public Agency
Department of Toxic Substances Control
Document Title
Emergency Rulemaking – Regulation of Metal Shredder Aggregate
Document Type
NOE - Notice of Exemption
Received
Posted
10/26/2021
Document Description
This project is an emergency rulemaking effort to define metal shredder aggregate and exclude it from the existing State definition of scrap metal. The August 2021 completion of the Department of Toxic Substance’s (DTSC) analysis of the metal shredder industry (“Final Report”), along with several recent findings and occurrences (including fires and releases of hazardous waste from metal shredding facilities into the environment in close proximity to residential areas, hospitals, schools, and daycare centers), has led DTSC to conclude that the current regulatory system constitutes an emergency necessitating immediate action to avoid serious harm to the public peace, health, safety, and general welfare.
The revised regulations will provide clarity to the regulated community and regulatory agencies as to the appropriate definition and management of metal shredder aggregate. The revised regulations will allow DTSC to better enforce hazardous waste management standards at metal shredding facilities. This emergency rulemaking will include the necessary conditions for applicability of the regulations, scope of regulations, and any projected fees.
Under this proposed emergency rulemaking, DTSC shall amend sections 66260.10 Definitions and 66273.9 Definitions of division 4.5 of title 22 of the California Code of Regulations to define metal shredder aggregate and exclude it from the State definition of scrap metal.
Contact Information
Name
Mohammed Omer
Agency Name
Department of Toxic Substances Control
Contact Types
Lead/Public Agency
Phone
Location
Regions
Statewide
Cross Streets
State of California
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15308
Reasons for Exemption
DTSC has determined that the proposed regulatory amendments 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. The proposed regulation amendments would assure protection of the environment and combat environmental harm by mitigating risks to human health, safety, and the environment posed by metal shredding facilities by defining metal shredder aggregate and clarifying that it is not a scrap metal. Providing clarity will help to ensure that metal shredding facilities conduct their operations in an environmentally- and health-protective manner. No construction activities are proposed with this rulemaking project and therefore, there are no significant effects on the environment due to unusual circumstances. The proposed regulatory amendments would not allow for environmental degradation or relaxation of environmental protection standards. The proposed regulatory amendments would help to maintain, enhance, restore, and protect the environment by clarifying the scope of the existing regulatory program and eliminating potential for a regulatory misinterpretation.
Attachments
Notice of Exemption
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