Emergency Rulemaking – Conditional Exclusion for Chemically Treated Metal Shredder Residue

Summary

SCH Number
2021120296
Public Agency
Department of Toxic Substances Control
Document Title
Emergency Rulemaking – Conditional Exclusion for Chemically Treated Metal Shredder Residue
Document Type
NOE - Notice of Exemption
Received
Posted
12/14/2021
Document Description
This project is an emergency rulemaking effort to adopt a conditional exclusion which would allow for the transportation and disposal of chemically treated metal shredder residue (“CTMSR”) as a nonhazardous waste while ensuring protection of human health and the environment. DTSC proposes to amend section 66260.10, division 4.5, title 22 of the California Code of Regulations to define CTMSR. DTSC also proposes to amend section 66261.4, division 4.5, title 22 of the California Code of Regulations to allow for the transportation and disposal of CTMSR as a nonhazardous waste under a conditional exclusion.

Contact Information

Name
Mohammad Omer
Agency Name
Department of Toxic Substances Control
Job Title
Supervising Hazardous Substances Engineer
Contact Types
Lead/Public Agency

Location

Regions
Statewide
Other Information
Statewide Emergency Rulemaking.

Notice of Exemption

Exempt Status
Categorical Exemption
Type, Section or Code
California Code of Regulations, title 14, section 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 establishing clear conditions for the transportation and disposal of CTMSR as a nonhazardous waste, such as waste characteristic thresholds and documentation and recordkeeping requirements. These conditions will preserve California’s limited hazardous waste landfill capacity while ensuring that metal shredding facilities transport and dispose of their wastes in an environmentally-protective 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 requirements for CTMSR transportation and disposal and by ensuring all metal shredding facilities operate under identical requirements.

Attachments

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