Adopt Emergency Regulations to Amend Title 22, CCR, division 4.5 – Covered Electronics Devices
Summary
SCH Number
2021120482
Public Agency
Department of Toxic Substances Control
Document Title
Adopt Emergency Regulations to Amend Title 22, CCR, division 4.5 – Covered Electronics Devices
Document Type
NOE - Notice of Exemption
Received
Posted
12/21/2021
Document Description
The Project involves the approval of an emergency rulemaking amendment to add to the existing list of Covered Electronic Devices (CED) within the California Code of Regulations, title 22, division 4.5, chapter 10, section 66260.201 and chapter 11, appendix X.
The Department of Toxic Substances Control (DTSC’s) Environmental Chemistry Lab conducted testing on six new device categories and determined the device categories exhibit California’s hazardous waste characteristic of toxicity by exceeding the state hazardous waste total threshold concentrations for copper, lead, and nickel. Because all six device categories have been determined to be hazardous when discarded, they will be added to the list of CEDs in the emergency regulations.
The amended regulations will expand financial incentives to recycle certain electronic devices to safeguard California’s environment against potential hazardous constituents found in discarded electronic devices. By subsidizing the costs associated with proper collection and management of these new CEDs, the State incentivizes handlers and recyclers to provide opportunities to California residents for recycling, therefore encouraging the proper management of hazardous electronic waste.
Contact Information
Name
Ricardo Rivera
Agency Name
Department of Toxic Substances Control
Job Title
Environmental Scientist
Contact Types
Lead/Public Agency
Phone
Location
Regions
Statewide
Other Location Info
rulemaking that affects all of California
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15308
Reasons for Exemption
The California Environmental Quality Act (CEQA) Guidelines Section 15300, et seq. (California Code of Regulations, Title 14) provide a list of categorial exemption classes of projects that are exempt from CEQA. One specific Class applies to this emergency rulemaking.
CEQA Guidelines Class 8, Section 15308 provides an exemption from environmental review for "Actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. Construction activities and relaxation of standards allowing environmental degradation are not included in this exemption"
DTSC has determined that the approval of the emergency regulatory amendments are actions to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
The rulemaking expands opportunities to recycle new electronic devices to safeguard California’s environment against potential hazardous constituents found in the identified discarded electronic devices. In addition, none of the exceptions to the use of this class of categorical exemptions apply to the project.
Attachments
Notice of Exemption
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