Appeal Procedures for Hazardous Waste Facility Permit Decisions (Emergency Rulemaking)
Summary
SCH Number
2023030733
Public Agency
Department of Toxic Substances Control
Document Title
Appeal Procedures for Hazardous Waste Facility Permit Decisions (Emergency Rulemaking)
Document Type
NOE - Notice of Exemption
Received
Posted
3/29/2023
Document Description
The Department of Toxic Substances Control (“DTSC”) is authorized to grant, issue, modify and deny permits for hazardous waste facilities in California pursuant to the Hazardous Waste Control Law at chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100). On July 12, 2021, Governor Gavin C. Newsom signed Senate Bill (SB) 158, which added article 2.1 of chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25125). SB 158 transferred the authority to hear and decide appeals of hazardous waste facility permit decisions from a permit appeals team within DTSC to the Board of Environmental Safety (“Board”).
This emergency rulemaking amends sections 66271.14, 66271.15 and 66271.18 of article 1 of chapter 21 of division 4.5 of title 22 of the California Code of Regulations. The regulations are being amended to provide that final permit decisions do not take effect for 30 days and while an appeal is pending with the Board, to provide procedures for the filing of appeals with the Board, to establish due process for the appeals process, to enact standards for the Board to hear and decide hazardous waste facility permit appeals, and to make conforming changes regarding the stay of permit decisions while appeals are pending. The Board has also adopted companion documents to aid in the administration of appeals, which include a set of more detailed rules of the administration of appeals, rules for the conduct of public hearings, and two appeal forms.
Contact Information
Name
Swati Sharma
Agency Name
Board of Environmental Safety, Department of Toxic Substances Control
Job Title
Executive Officer
Contact Types
Lead/Public Agency
Phone
Name
Greg Forest
Agency Name
Board of Environmental Safety, Department of Toxic Substances Control
Job Title
Attorney Advisor
Contact Types
Lead/Public Agency
Phone
Name
Sheena Brooks
Agency Name
Board of Environmental Safety, Department of Toxic Substances Control
Job Title
Clerk
Contact Types
Lead/Public Agency
Phone
Location
Regions
Statewide
Other Location Info
Statewide
Notice of Exemption
Exempt Status
Other
Type, Section or Code
14 CCR 15061(b)(3)
Reasons for Exemption
The proposed regulation would not result in any change in land, air, water, minerals, flora, fauna, ambient noise, or objects of historic or aesthetic significance. The proposed regulation is covered by the general rule that the California Environmental Quality Act applies only to projects which have the potential for causing a significant effect on the environment. The Board finds with certainty that there is no possibility that the proposed regulation would have a significant effect on the environment.
Attachments
Notice of Exemption
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