CALIFORNIA TO TIGHTEN REPORTING REQUIREMENTS FOR POTENTIAL TERRORIST-EXPLOITABLE HAZARDOUS WASTES

     In 2002, the California Legislature enacted legislation ("SB 489") imposing reporting requirements regarding "Hazardous Wastes of Concern" ("HWC")--that is, wastes with the potential to harm the public when used as part of a terrorist or criminal act.  See Health & Safety Code Section 25169.7.

     However, up until now, the regulations implementing this legislation have applied only to "hazardous waste facilities"--i.e., those facilities handling, storing, recycling or disposing of HWC as the main purpose of the facilities' business. See, e.g., 22 CCR 66261.111, 66263.32, 66264.72(c), 66264.78, 66265.72 (c)and 66265.78.

     DTSC has just announced that it intends to hold a hearing on amending these regulations to include generators of HWC-- i.e., the generally-regulated community that generates HWC as a by-product of activity.  Generators under the proposed amended regulations would, among other things, be required to provide the DTSC with telephonic notice within 24 hours of discovery that HWC has gone missing from storage or that there is a discrepancy between the quantity of HWC ordered vs. received.  Further, within 5 days after discovery, such generators would have to provide follow-up written notification to DTSC.

     Regarding the specifics of the hearing, the announcement I received from DTSC states:

A written comment period has been established commencing on September 9, 2005, and closing on October 24, 2005.  DTSC will hold a public hearing on the proposed regulations at 10:00 a.m. on October 24, 2005 in the Byron Sher Auditorium, 2nd Floor, 1001 "I" Street, Sacramento, at which time any person may present statements or arguments orally or in writing, relevant to this proposal.  Please submit written comments to the contact person listed at the end of this notice.  Written comments on the rulemaking submitted no later than 5:00 p.m. on October 24, 2005 will be considered.

    Of further interest to you may be the following DTSC statement of contact information regarding the matter:

CONTACT PERSONS

Inquiries regarding technical aspects of the proposed regulations or CEQA documents may be directed to Hortensia Muniz of DTSC at (916) 324-1818 or, if unavailable, Mr. Jan Radimsky of DTSC at (916) 324-1819.  However, such oral inquiries are not part of the rulemaking record.

Statements, arguments or contentions regarding the 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 or e-mail:  [email protected].

Please direct all written comments, procedural inquiries and requests for documents by mail, e-mail or fax to:


Mr. Mark Abrams, 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:    [email protected]

Fax Number:(916) 323-3215

Mr. Abrams' phone number is (916) 322-2833.  If Mr. Abrams is unavailable, please call Ms. Nicole Sotak at (916) 327-4508 or Mr. James McRitchie at (916) 327-8642.

To subscribe to or unsubscribe from the DTSC: All Regulations listserv or other listservs, please go to http://www.calepa.ca.gov/Listservs/dtsc/. For information on DTSC regulations, as well as other relevant developments go to http://www.dtsc.ca.gov/LawsRegulationsPolicies/index.html.

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