ENVIRONMENTAL LEGAL BLOGS

CONSOLIDATION OF CALIFORNIA UNIVERSAL WASTE REGULATIONS

     This from DTSC:

Proposed Regulation Concept:
Consolidation of California Universal Waste Regulations
(Finalization of Authorized Treatment of Universal Waste Regulations)

The Department of Toxic Substances Control (DTSC) will host workshops on June 28, 2007 and July 11, 2007, to discuss concepts developed to finalize DTSC's three emergency regulations related to universal wastes (UWs), adopted pursuant to the California`s Electronic Waste Recycling Act of 2003, as amended (SB 20, Sher, Chapter 526, Statutes of 2003; SB 50, Sher, Chapter 863, Statutes of 2004) and existing regulations. Please refer to DTSC's website to access the times and location of the workshops at http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/CA_UWR.cfm.

The concept language for the regulations will be made available on June 15, 2007, at http://www.dtsc.ca.gov/LawsRegsPolicies/Regs/CA_UWR.cfm.  After review of the concept language, if you have questions that you would like to have addressed at the workshop, please submit them via email to ehaertle@dtsc.ca.gov by June 21, 2007.  Please include the workshop date that you plan to attend in the subject line of your email.

PUBLIC COMMENT PERIOD ON CALIFORNIA DTSC ENVIRONMENTAL FEE

     The California Department of Toxic Substances Control ("DTSC") is in the midst of a public comment period which began on May 11 and ends on June 27, 2007 regarding the proper implementation of the State's "environmental fee" (a broad-based fee levied on almost all businesses of 50 or more employees which is used to fund certain DTSC programs).  DTSC will hold a hearing regarding this subject on June 27, 2007 in Sacramento.

     You can read the proposed regulations by going to http://www.dtsc.ca.gov and can get more information about the proposed regulations and the June 27 hearing by e-mailing Laura Hayashi, Regulations Coordinator, Regulations Section, DTSC at regs@dtsc.ca.gov

     Ms. Hayashi's phone # is 916 322 6409.

NEW PERMANENT MANAGEMENT STANDARDS FOR TREATED WOOD WASTE

     California DTSC has put out an announcement that the agency is promulgating permanent management standards for such waste (which is not regulated by the feds) to replace the present interim standards.

     DTSC will accept written comments on the proposed permanent standards beginning yesterday, November 24, 2006 and lasting through January 8, 2007.  Also, DTSC will hold a hearing on the proposed standards on January 8, 2007, at 10 am,  in the Byron Sher Auditorium, 2nd Floor, 1001 "I" Street, Sacramento, California.

    Technically, DTSC's proposal is to amend California Code of Regulations, title 22, division 4.5, chapter 11, article 5, Appendix XII, and to add title 22, California Code of Regulations, sections 66261.9.5, and 67386.1 through 67386.11.  You can read the proposed regulations by going to the Disc's website at http://www.dtsc.ca.gov.

    
Additionally, you can submit written comments on the proposed regulations by writing to: Ms. Nicole Stark, Chief, Environmental Analysis and Regulations Section, Department of Toxic Substances Control, P.O. Box 806,           Sacramento, CA  95812-0806 E-mail Address: regs@dtsc.ca.gov

NEW ENVIRONMENTAL FEE REGULATIONS

     From the California DTSC:

The Department of Toxic Substances Control (DTSC) is conducting a public workshop to discuss the proposed Environmental Fee Regulations.  The regulations are being developed as a result of the April 24, 2006, California Supreme Court ruling in the Morning Star v. State Board of Equalization et. al. case.  The Supreme Court's decision allows the collection of the environmental fee to continue without interruption, but directs DTSC to promulgate valid regulations under the Administrative Procedures Act. 

The Environmental Fee is a fee paid by businesses in industry groups that use, generate or store hazardous materials or that conduct activities related to those materials. It applies to businesses with 50 or more employees that are employed more than 500 hours in California during a calendar year. The fee is based upon the total number of employees.  The Environmental Fee is the main funding source for the DTSC contaminated site cleanup, hazardous materials laboratory, and pollution prevention activities. 

The public workshop is scheduled for November 28, 2006 at 10:00 am; Byron Sher Auditorium
1001 I Street, 2nd Floor; Sacramento, California  95812.  You can also participate by webcast at www.calepa.ca.gov/broadcast

CAL DTSC PROPOSING CHANGES IN UST REGULATIONS

     For your info:

     DTSC proposes some changes in California's underground storage tank regulations dealing with secondary containment structures.  The specific regulations to be amended are Title 22, California Code of Regulations, sections 66264.191, 66264.193, 66265.191, and 66265.193.

     There will be a public comment period from May 19-July 6 and a public hearing on the proposed changes to be held on July 6, 10 am in the Byron Sher Auditorium, 2nd Floor, 1001 "I" Street, Sacramento.

     Questions?  per the DTSC announcement of these regulatory changes, contact:

Ms. Joan Ferber, Regulations Coordinator
Environmental Analysis and Regulations Section
Department of Toxic Substances Control

Mailing Address:    P.O. Box 806, Sacramento, CA  95812-0806

E-mail Address:    regs@dtsc.ca.gov

Fax Number:        (916) 323-3215

Phone number:    (916) 322-6409. 

SCHWARZENEGGER MAKES KEY ENVIRONMENTAL APPOINTMENTS

     The California Governor announced the following appointments, per the Sacramento Bee's December 23 edition, as reported by Big News Network:

     -  Maureen Gorsen to head the Department of Toxic Substances Control ("DTSC"); Ms. Gorsen is presently a deputy secretary for law enforcement and counsel at California EPA

     -  Robert Sawyer to chair the State Air Resources Board; Mr. Sawyer is a Professor Emeritus at UC Berkeley

     -  Joan Denton (reappointment) to head the State Office of Environmental Health Hazard Assessment ("OEHHA")

     Each of these appointments requires State Senate confirmation.

    

CALIFORNIA DTSC SEEKING TO AMEND UPA REGS

     DTSC has announced it will hold a hearing in Sacramento on November 28, 2005 regarding proposed amendments to Unified Program Agency ("UPA") regulations.  Per DTSC's announcement:

The broad objectives of the proposed regulations are to provide criteria and a process for a unified program agency to demonstrate that it is qualified to conduct or require corrective action consistent with activities required by DTSC and other UPAs throughout the state. The specific objectives are to establish a tiered system of qualifications, allowing UPAs to select the level of qualification best suited to the types of facilities and corrective action they intend to address, and to provide a general procedure for conducting corrective action consistent with the requirements DTSC uses to ensure consistency throughout the state.

Further info of use:

Statements, arguments or contentions regarding rulemaking and/or supporting documents must be submitted in writing or may be presented orally or in writing at the public hearing in order for them to be considered by DTSC before it adopts, amends or repeals these regulations. To be included in this regulation package's mailing list, and to receive updates of this rulemaking, please leave a message on the DTSC mailing list phone line at (916) 324-9933, submit an e-mail message to regs@dtsc.ca.gov, or submit a message to the listserv for these proposed regulations at www.calepa.ca.gov/Listservs/dtsc.