Welcome to the Permit Implementation Regulations Informational Presentation.

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Welcome Welcome to the to the Permit Implementation Permit Implementation Regulations Informational Regulations Informational Presentation Presentation

Transcript of Welcome to the Permit Implementation Regulations Informational Presentation.

Page 1: Welcome to the Permit Implementation Regulations Informational Presentation.

Welcome Welcome

to theto the

Permit Implementation Regulations Permit Implementation Regulations Informational PresentationInformational Presentation

Page 2: Welcome to the Permit Implementation Regulations Informational Presentation.

Overview Overview

Part of Solid Waste Facilities Permit Regulations Part of Solid Waste Facilities Permit Regulations Development PlanDevelopment Plan

Plan Approved by Permitting and Enforcement Plan Approved by Permitting and Enforcement Committee at November 2004 Committee MeetingCommittee at November 2004 Committee Meeting

First of three rulemaking packages to be developed First of three rulemaking packages to be developed by staff to address various permit-related issuesby staff to address various permit-related issues

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Informal PhaseInformal Phase

Assembled working teamAssembled working team

Conducted scoping meetings Conducted scoping meetings

Held stakeholder workshopsHeld stakeholder workshops

Presented updates to P&E CommitteePresented updates to P&E Committee

Created web page for project Created web page for project http://www.ciwmb.ca.gov/Rulemaking/PermitImplem/http://www.ciwmb.ca.gov/Rulemaking/PermitImplem/

Drafted proposed regulatory language Drafted proposed regulatory language

Directed by P&E Committee at November 2005 Directed by P&E Committee at November 2005 meeting to initiate formal rulemakingmeeting to initiate formal rulemaking

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Outreach EffortsOutreach Efforts

Distribution of information includes: EAs, industry, and Distribution of information includes: EAs, industry, and public interest groupspublic interest groups

Notices disseminated for all activities (workshops and Notices disseminated for all activities (workshops and comment periods)comment periods)

Three public workshops that included: Three public workshops that included:

audio broadcasting of all workshops, audio broadcasting of all workshops,

video-conferencing and evening sessions for scoping video-conferencing and evening sessions for scoping workshops, and workshops, and

teleconferencing of workshop on draft regulations teleconferencing of workshop on draft regulations

All information relative to informal rulemaking process All information relative to informal rulemaking process posted on Web Pageposted on Web Page

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Purpose of Today’s PresentationPurpose of Today’s Presentation

To give interested parties an opportunity to learn To give interested parties an opportunity to learn about the proposed regulations so they are better about the proposed regulations so they are better prepared to participate in the upcoming 60-day prepared to participate in the upcoming 60-day formal comment periodformal comment period– Presentation not part of the formal rulemaking processPresentation not part of the formal rulemaking process– Questions are encouraged to promote greater Questions are encouraged to promote greater

understandingunderstanding– Comments can be discussed, but staff will not respond Comments can be discussed, but staff will not respond

formally to commentsformally to comments

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Permit Implementation RegulationsPermit Implementation Regulations

Six ConceptsSix Concepts

1.1. Public Noticing and Informational Meeting Public Noticing and Informational Meeting RequirementsRequirements

2.2. Listing Public Notices and/or Meetings Listing Public Notices and/or Meetings

3.3. Relationship of Solid Waste Facilities Permit to Relationship of Solid Waste Facilities Permit to Local Land UseLocal Land Use

4.4. Five-Year Permit Review NoticingFive-Year Permit Review Noticing

5.5. Surprise Random InspectionsSurprise Random Inspections

6.6. Significant Change and Modified Permit ProcessSignificant Change and Modified Permit Process

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Public Noticing and Informational Meeting Public Noticing and Informational Meeting RequirementsRequirements

Required by AB 1497 to adopt regulations that Required by AB 1497 to adopt regulations that implement new EA public notice and hearing implement new EA public notice and hearing requirements for permit revisionsrequirements for permit revisions

Directed by CIWMB to investigate applying CDI Directed by CIWMB to investigate applying CDI hearing requirements for new CDI permits to other hearing requirements for new CDI permits to other solid waste facilitiessolid waste facilities

Proposed RegulationsProposed Regulations:: Implement additional noticing requirements for RFI Implement additional noticing requirements for RFI

amendments, modified permits, new and revised amendments, modified permits, new and revised permitspermits

Require noticing for all applications received and Require noticing for all applications received and informational meetings for new and revised permitsinformational meetings for new and revised permits

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Public Noticing and Informational Public Noticing and Informational Meeting RequirementsMeeting Requirements

Purpose of Proposed RegulationsPurpose of Proposed Regulations

To comply with AB 1497 requirements that the To comply with AB 1497 requirements that the EA notice and hold a public hearing on an EA notice and hold a public hearing on an application for a permit revision application for a permit revision

To provide a consistent, transparent and To provide a consistent, transparent and accessible permit process that allows the public accessible permit process that allows the public to be better informed of proposed new facilities to be better informed of proposed new facilities or changes being proposed in the design or or changes being proposed in the design or operation at existing facilities operation at existing facilities

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Noticing Requirements for RFI Noticing Requirements for RFI Amendments and Modified PermitsAmendments and Modified Permits

Currently for RFI AmendmentsCurrently for RFI AmendmentsEA maintains list of pending applicationsEA maintains list of pending applicationsEA mails written notice of an application upon request EA mails written notice of an application upon request EA retains written public comments on applicationEA retains written public comments on application

Proposed for RFI Amendments & Modified PermitsProposed for RFI Amendments & Modified PermitsOperator required to post temporary notice at facility Operator required to post temporary notice at facility entrance that meets specified contententrance that meets specified contentEA required to prepare notice that meets specified content EA required to prepare notice that meets specified content and and EA posts on EA’s or local jurisdiction’s public notice board,EA posts on EA’s or local jurisdiction’s public notice board, EA posts on EA’s web site,EA posts on EA’s web site, Operator posts on web site, and/orOperator posts on web site, and/or CIWMB posts on web siteCIWMB posts on web site

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Noticing Requirements for Revised and Noticing Requirements for Revised and New PermitsNew Permits

Currently for Revised PermitsCurrently for Revised PermitsEA required by AB 1497 to comply with Gov’t Code EA required by AB 1497 to comply with Gov’t Code Section 65091, including:Section 65091, including: EA sending written notice to property owners within 300 feet EA sending written notice to property owners within 300 feet

of site, to newspaper for publishing or posting at three public of site, to newspaper for publishing or posting at three public placesplaces

Currently for New PermitsCurrently for New PermitsEA required by CDI regulations EA required by CDI regulations to comply with Gov’t Code Section 65091 for new CDI to comply with Gov’t Code Section 65091 for new CDI

permits (same requirements as AB 1497 for revised permits)permits (same requirements as AB 1497 for revised permits) to send notice to governing body of local jurisdiction and to send notice to governing body of local jurisdiction and

State legislatorsState legislators

No requirement for new permits for other facilitiesNo requirement for new permits for other facilities

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Noticing Requirements for Revised and Noticing Requirements for Revised and New PermitsNew Permits

Proposed for Both Revised and All New PermitsProposed for Both Revised and All New Permits

EA required to comply with Gov’t Code Section 65091 EA required to comply with Gov’t Code Section 65091 (same requirement in CDI regulations and AB 1497 for (same requirement in CDI regulations and AB 1497 for revised permits)revised permits)

EA required to send notice to governing body of local EA required to send notice to governing body of local jurisdiction and State legislators (from CDI regulations)jurisdiction and State legislators (from CDI regulations)

Specify required content of noticeSpecify required content of notice

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Hearing Requirements for Revised and New Hearing Requirements for Revised and New PermitsPermits

Currently for Revised PermitsCurrently for Revised PermitsEA required by AB 1497 to hold public hearing on EA required by AB 1497 to hold public hearing on application for revised permit application for revised permit

Currently for New PermitsCurrently for New PermitsEA required by CDI regulationsEA required by CDI regulations to hold informational public hearing on application for new CDI to hold informational public hearing on application for new CDI

permit permit to hold meeting not more than 5 miles from facility on a day and to hold meeting not more than 5 miles from facility on a day and

time that will enable attendance by residents time that will enable attendance by residents Authorized to combine meeting with another public meeting Authorized to combine meeting with another public meeting Authorized to substitute a previous public meeting or hearingAuthorized to substitute a previous public meeting or hearing Authorized to require Operator to pay costs connected with Authorized to require Operator to pay costs connected with

meetingmeeting

No requirement for new permits for other facilities No requirement for new permits for other facilities

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Hearing Requirements for Revised and New Hearing Requirements for Revised and New PermitsPermits

Proposed for Both Revised and All New PermitsProposed for Both Revised and All New PermitsDefine public hearing as informational meeting since meeting is Define public hearing as informational meeting since meeting is strictly informational and no official decision is made at the strictly informational and no official decision is made at the meetingmeetingEA required to hold informational meeting for revised and new EA required to hold informational meeting for revised and new permitspermitsEA required to hold meeting not more than 5 miles from facility EA required to hold meeting not more than 5 miles from facility on a day and time that will enable attendance by residents on a day and time that will enable attendance by residents (from CDI regulations)(from CDI regulations)EA may combine meeting with another public meeting (from EA may combine meeting with another public meeting (from CDI regulations)CDI regulations)EA may substitute a previous public meeting or hearing (from EA may substitute a previous public meeting or hearing (from CDI regulations)CDI regulations)Authorized to require Operator to pay costs connected with Authorized to require Operator to pay costs connected with meetingmeeting

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Process For An RFI Amendment and Modified, Revised, and New Solid Waste Facility Permits

California Code of RegulationsTitle 27

Modified or Revised PermitsEA determines application package meets

requirements for Modified Permit, §21665(d)), or Revised Permit, §21665(e) or §21620(a)(4)

RFI AmendmentSubmit an application form along with RFI amendments to the EA 180 days

prior to change to the facility§21570(f). The application can be

submitted less than 180 days prior to making the change as determined by

the EA

Within 30 days of receipt of application, EA determines if RFI amendments meet the

requirements of §21665(c)

Within 5 days of acceptance for filing RFI amendment application package

pursuant to §21666(b), EA shall notify the operator, the CIWMB, and RWQCB of their

determination

10 days prior to EA accepting an application, the operator and EA shall meet noticing requirements pursuant to §21660.1(b)

NoYes

New PermitSubmit a complete application package to

the EA for a new Solid Waste Facility Permit §21570

Modified Permit10 days prior to EA

accepting application, the EA shall meet noticing

requirements of §21660.1(b)

New PermitAfter acceptance of

application package by EA and within 60 days of

receipt of application by the EA, the the EA shall hold

an informational meeting pursuant to §21660.2 and

meet the noticing requirements of §21660.3

Modified PermitWithin 30 days of receipt of application, EA shall either accept for filing or

reject the application package

Revised PermitAfter acceptance of

application package by EA and within 60 days of

receipt of application by the EA, the EA shall hold an

informational meeting pursuant to §21660.2 and

meet the noticing requirements of §21660.3

Modified PermitNo later than 60 days after

permit application has been filed, the EA shall submit proposed permit

package to Board.

Executive Director of the Board has 60

days to concur or object

Revised PermitNo later than 60 days after

permit application has been filed, the EA shall submit proposed permit

package to Board.

New PermitNo later than 60 days after

permit application has been filed, the EA shall submit proposed permit

package to Board.

Board has 60 days to concur or

object

Board has 60 days to concur or

object

Application submitted for

Modified Permit

Application submitted for

Revised Permit

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Listing Public Notices and/or Meetings Listing Public Notices and/or Meetings

Currently Currently Operators are not required to submit to EA as part of the Operators are not required to submit to EA as part of the permit application package a list of all public notices and permit application package a list of all public notices and meetings conducted relative to changes requested in the meetings conducted relative to changes requested in the applicationapplication

Proposed Regulations:Proposed Regulations:

Require operators to include this information with the permit Require operators to include this information with the permit application for a new, modified, or revised permitapplication for a new, modified, or revised permit

Purpose of Proposed RegulationsPurpose of Proposed RegulationsTo strengthen information reported to CIWMB on level of To strengthen information reported to CIWMB on level of community outreach used in relation to permit actions being community outreach used in relation to permit actions being considered, which assists CIWMB in determining what considered, which assists CIWMB in determining what additional actions if any might be needed to meet additional actions if any might be needed to meet environmental justice objectives environmental justice objectives To be consistent with AB 1497, which requires EJ concerns To be consistent with AB 1497, which requires EJ concerns be considered in development of the regulations be considered in development of the regulations

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Relationship of SWFP to Local Land Use Relationship of SWFP to Local Land Use

CurrentlyCurrentlyEAs are required to review a permit application package to EAs are required to review a permit application package to determine if it is “complete” and “correct” determine if it is “complete” and “correct”

A complete permit application requires inclusion of the land A complete permit application requires inclusion of the land use and/or conditional use permit applicable to facilityuse and/or conditional use permit applicable to facility

Not clear what EA should be doing relative to reviewing land Not clear what EA should be doing relative to reviewing land use/CUPuse/CUP

Proposed Regulations:Proposed Regulations:

Clarify that correctness review done by EA does not include Clarify that correctness review done by EA does not include verifying accuracy of information contained in CUP or other verifying accuracy of information contained in CUP or other land use entitlement for facilityland use entitlement for facility

Require operator to submit copy of permit application to local Require operator to submit copy of permit application to local planning agencyplanning agency

Page 17: Welcome to the Permit Implementation Regulations Informational Presentation.

Relationship of SWFP to Local Land UseRelationship of SWFP to Local Land Use

Purpose of Proposed RegulationsPurpose of Proposed RegulationsTo clarify that EA responsibility is limited to verifying To clarify that EA responsibility is limited to verifying application for completeness in determining whether application for completeness in determining whether land use/or CUP was submittedland use/or CUP was submitted

EAs use this information to better understand the project, in EAs use this information to better understand the project, in evaluating other application materials, and for writing permit evaluating other application materials, and for writing permit terms and conditionsterms and conditions

To help ensure local planning department is aware To help ensure local planning department is aware that operator has proposed new facility or changes to that operator has proposed new facility or changes to existing facilityexisting facility

The appropriate agency for verifying if facility would operate The appropriate agency for verifying if facility would operate consistent with local land use entitlement is entity that consistent with local land use entitlement is entity that granted the entitlement, namely local governmentgranted the entitlement, namely local government

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Five-Year Permit Review NoticingFive-Year Permit Review Noticing

CurrentlyCurrentlyEA is required to notify operator and CIWMB that operator EA is required to notify operator and CIWMB that operator needs to apply for five-year permit review for full permitneeds to apply for five-year permit review for full permit

CIWMB is required to notify operator and EA of need for five CIWMB is required to notify operator and EA of need for five year permit review for registration and standardized permits year permit review for registration and standardized permits

Proposed Regulations:Proposed Regulations:

Require EA, instead of CIWMB, to notice all facility operators Require EA, instead of CIWMB, to notice all facility operators of need to apply for five-year review of their permitof need to apply for five-year review of their permit

Purpose of Proposed RegulationsPurpose of Proposed Regulations

To bring consistency to the task and to eliminate confusion To bring consistency to the task and to eliminate confusion among regulators regarding their responsibilities among regulators regarding their responsibilities

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Surprise Random InspectionsSurprise Random Inspections

Currently Currently

EA is authorized to conduct inspections at operations and EA is authorized to conduct inspections at operations and facilities without prior notice to owner/operator during normal facilities without prior notice to owner/operator during normal business hours or site’s operating hoursbusiness hours or site’s operating hours

EA required by CDI regulations to conduct all site inspections EA required by CDI regulations to conduct all site inspections at CDI facilities unannounced and at irregular intervals to at CDI facilities unannounced and at irregular intervals to greatest extent possiblegreatest extent possible

Proposed Regulations:Proposed Regulations:

Require EA to conduct inspections, whenever possible, Require EA to conduct inspections, whenever possible, without prior notice to owner/operator, on randomly selected without prior notice to owner/operator, on randomly selected days, during normal business hours or site’s operating hoursdays, during normal business hours or site’s operating hours

Require EA to include in its Enforcement Program Plan Require EA to include in its Enforcement Program Plan procedure manual for inspection and investigation that procedure manual for inspection and investigation that inspections and investigations be random and unannounced inspections and investigations be random and unannounced

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Surprise Random InspectionsSurprise Random Inspections

Purpose of Proposed RegulationsPurpose of Proposed RegulationsTo strengthen the concept that inspections should be To strengthen the concept that inspections should be conducted as surprise random inspections when conducted as surprise random inspections when possiblepossible

This avoids potential for operator to anticipate arrival of This avoids potential for operator to anticipate arrival of inspector and inspector not observing site as it might inspector and inspector not observing site as it might normally be operatednormally be operated

To provide consistency among all types of facilities To provide consistency among all types of facilities and operations in requiring random, unannounced and operations in requiring random, unannounced inspectionsinspectionsTo strengthen inspection program by allowing EA To strengthen inspection program by allowing EA performance to be evaluated on whether EA is performance to be evaluated on whether EA is conducting random, unannounced inspections as conducting random, unannounced inspections as provided in EPPprovided in EPP

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Significant Change and Modified Permit Significant Change and Modified Permit Process Process

Required by AB 1497 to adopt regulations that define Required by AB 1497 to adopt regulations that define term term “significant change in design or operation of “significant change in design or operation of the SWF that is not authorized by the existing the SWF that is not authorized by the existing SWFPSWFP”” which determines when a permit revision is which determines when a permit revision is requiredrequired

Identified from stakeholders need to develop process Identified from stakeholders need to develop process that would allow permit modifications for changes that would allow permit modifications for changes less significant less significant

Proposed Regulations:Proposed Regulations:

Define the term “significant change…” using decision Define the term “significant change…” using decision tree for EAs to follow in making determinationtree for EAs to follow in making determination

Establish modified permit processEstablish modified permit process

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Significant Change and Modified Permit Significant Change and Modified Permit ProcessProcess

Purpose of Proposed RegulationsPurpose of Proposed RegulationsTo comply with AB 1497 requirements that CIWMB To comply with AB 1497 requirements that CIWMB adopt regulations that define the term “significant adopt regulations that define the term “significant change…”change…”To provide a consistent analytical process for EA to To provide a consistent analytical process for EA to use in determining if proposed change is significant use in determining if proposed change is significant that allows EA to consider site-specific that allows EA to consider site-specific considerations and circumstances when making a considerations and circumstances when making a determinationdeterminationTo allow changes to a permit that are less than To allow changes to a permit that are less than significant by creating a modified permit processsignificant by creating a modified permit process

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Significant Change and Modified Permit Significant Change and Modified Permit ProcessProcess

CurrentlyCurrentlyPRC Section 44004(a) prohibits an operator from PRC Section 44004(a) prohibits an operator from making a significant change in the design or making a significant change in the design or operation of a facility not authorized by the permit operation of a facility not authorized by the permit unlessunless

Change approved EAChange approved EAChange conforms with the IWMA, andChange conforms with the IWMA, andTerms and conditions are revisedTerms and conditions are revised

Significant change is not definedSignificant change is not definedChanges to a permit that may be less than significant Changes to a permit that may be less than significant still require a permit revision and CIWMB concurrencestill require a permit revision and CIWMB concurrenceChanges can be made as amendments to RFI if terms Changes can be made as amendments to RFI if terms and conditions of permit don’t need to changeand conditions of permit don’t need to change

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Significant Change and Modified Permit Significant Change and Modified Permit ProcessProcess

Proposed RegulationsProposed RegulationsDefine the term significant change by use of a Define the term significant change by use of a methodology where the EA determines if a methodology where the EA determines if a proposed change qualifies as an amendment to proposed change qualifies as an amendment to the RFI or requires the permit to be modified or the RFI or requires the permit to be modified or revisedrevisedIncorporate existing RFI process and criteria into Incorporate existing RFI process and criteria into methodologymethodologyEstablish a modified permit process for changes Establish a modified permit process for changes that are less than significant and require Exec that are less than significant and require Exec Director concurrence Director concurrence

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Definition of Significant ChangeDefinition of Significant Change

“Significant Change" means a change in design or operation of a solid waste facility where the EA has determined pursuant to Section 21665 that the change is of such consequence that the solid waste facilities permit needs to include further restrictions, prohibitions, mitigations, conditions or other measures to adequately protect public health, public safety, ensure compliance with State minimum standards or to protect the environment.

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Decision Tree Process Decision Tree Process Title 27 Section 21665Title 27 Section 21665

EA

Operator wants to make a change in the design or operation of the facility that is within the authority of the EA and is not on the “minor change” list.

Application provided to EA

EA reviews application, and answers required questionsto determine which approval process to use (RFI amendment, Modified or Revised Permit process)

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Decision Tree Process Decision Tree Process Title 27 Section 21665Title 27 Section 21665

1-Consistent with CEQA?2-Consistent with Standards?3-Consistent with the permit?

Not a significant changeRFI Amendment

Not a significant changeModified Permit

A significant changeRevised Permit

4-Nonmaterial?

5-Include condition to protect public health,safety, environment, consistent with standards?

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RFI Amendment

Modified Permit

Revised Permit

30 – day or less processEA review onlyPermit need not change

Approval ProcessesNotice: EA Office Posting at site Other options

No EA Meeting

180 – day processEA and Board review

Notice: EA Office Posting at site Other options

No EA Meeting,Exec Directorconcurrence

180 – day processEA and Board review

Notice: 1497 Notice

EA Meeting orSubstituteMeeting,CIWMB concurrence

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Minor Change and Significant Change ListsMinor Change and Significant Change Lists

Alternative ListsAlternative Lists

CIWMB directed staff to CIWMB directed staff to Work with stakeholders in development of minor change and significant Work with stakeholders in development of minor change and significant change lists and change lists and Insert these lists into the proposed regulations prior to 60-day formal Insert these lists into the proposed regulations prior to 60-day formal comment period so commenters could consider merit of list concept as comment period so commenters could consider merit of list concept as well as content of lists.well as content of lists.

Work group of interested stakeholders was formed to generate Work group of interested stakeholders was formed to generate listslists

Purpose of lists to provide certainty to operators and EAs on Purpose of lists to provide certainty to operators and EAs on what actions are required by EA to address changes to design what actions are required by EA to address changes to design and operation of a facilityand operation of a facility

Listed changes fall outside scope of methodology and from Listed changes fall outside scope of methodology and from exercise of EA’s discretionexercise of EA’s discretion

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Minor Change and Significant Change ListsMinor Change and Significant Change Lists

Minor Change ListMinor Change ListChanges that could be made by operator in Changes that could be made by operator in design or operation of facility that would never design or operation of facility that would never require EA review and approvalrequire EA review and approval

For a change to qualify, it needs to beFor a change to qualify, it needs to beSubject to EA authoritySubject to EA authorityConsistent with State minimum standardsConsistent with State minimum standardsConsistent with the permitConsistent with the permitListed on Minor Change ListListed on Minor Change ListOperator needs to notice EA after change madeOperator needs to notice EA after change made

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Minor Change and Significant Change ListsMinor Change and Significant Change Lists

Minor Change ListMinor Change List

Alternative 1 – Minor Change List: Alternative 1 – Minor Change List: Changes identified and fully supported by work group – Changes identified and fully supported by work group – Proposed Regulations, page 6, starting at line 8 Proposed Regulations, page 6, starting at line 8

Alternative 2 – Optional Minor Change List: Alternative 2 – Optional Minor Change List: Additional changes that could be added to Minor Change Additional changes that could be added to Minor Change List, Alternative 1List, Alternative 1Changes identified and supported by 60% of work group – Changes identified and supported by 60% of work group – Proposed Regulations, page 6, starting at line 27 Proposed Regulations, page 6, starting at line 27

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Minor Change and Significant Change ListsMinor Change and Significant Change Lists

Significant Change ListSignificant Change List

Changes in design or operation of a facility that are Changes in design or operation of a facility that are considered to be significant and would always considered to be significant and would always require a permit revisionrequire a permit revision

For a change to qualify, it needs to be listed on For a change to qualify, it needs to be listed on Significant Change List, Alternative 3Significant Change List, Alternative 3

Changes identified and supported by 60% of work group Changes identified and supported by 60% of work group – Proposed Regulations, page 8, starting at line 14 – Proposed Regulations, page 8, starting at line 14

Page 33: Welcome to the Permit Implementation Regulations Informational Presentation.

Example ScenariosExample Scenarios1. Increase by 5% the amount solid waste received at 1. Increase by 5% the amount solid waste received at the site.the site.– Increase in tonnage is on the significant change list so this Increase in tonnage is on the significant change list so this

will require a permit revision process.will require a permit revision process.

2. Update reference to a newly revised WDR in the 2. Update reference to a newly revised WDR in the permit issued by the EA.permit issued by the EA.– The permit needs to be changed to include the new The permit needs to be changed to include the new

information, there is no change to design and operation, it information, there is no change to design and operation, it is nonmaterial so this will require a modified permit is nonmaterial so this will require a modified permit process.process.

3. Add a new ADC type which is not currently on the list 3. Add a new ADC type which is not currently on the list of ADCs previously approved by the EA and included in of ADCs previously approved by the EA and included in the RFI (the permit issued by the EA does not limit or the RFI (the permit issued by the EA does not limit or restrict ADC used)restrict ADC used)– Nothing in the permit is changing, so this would be an RFI Nothing in the permit is changing, so this would be an RFI

amendment process.amendment process.

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4. Change the number of employees that work on a sorting belt at 4. Change the number of employees that work on a sorting belt at any given time.any given time.– Would not be in EA’s responsibility or authority, so no approval is Would not be in EA’s responsibility or authority, so no approval is

required.required.

5. Replace the compactor type at the landfill which is identified in 5. Replace the compactor type at the landfill which is identified in the RFI with one that is has the same specifications.the RFI with one that is has the same specifications.– This is on the “minor change” list so it would not require EA approval.This is on the “minor change” list so it would not require EA approval.

6. A request to store additional recycled paper bales on site, 6. A request to store additional recycled paper bales on site, which the EA determines to be an unsafe practice and the EA which the EA determines to be an unsafe practice and the EA determines that there should be a limit on total amount and height determines that there should be a limit on total amount and height of the material to avoid public safety issues. of the material to avoid public safety issues. – The EA will be imposing limits on the activity to protect pubic safety The EA will be imposing limits on the activity to protect pubic safety

by including conditions in the permit, thus requiring a permit revision by including conditions in the permit, thus requiring a permit revision process.process.

Example Scenarios (cont.)Example Scenarios (cont.)

Page 35: Welcome to the Permit Implementation Regulations Informational Presentation.

Next StepsNext Steps

60-day Formal Rulemaking Begins April 7, 200660-day Formal Rulemaking Begins April 7, 2006

Rulemaking package can be accessed on web siteRulemaking package can be accessed on web site

Individuals on mailing list will receive Notice and Individuals on mailing list will receive Notice and link to web sitelink to web site

Public Hearing to receive comments June 5, 2006 Public Hearing to receive comments June 5, 2006 in Cal/EPA Building, Coastal Hearing Roomin Cal/EPA Building, Coastal Hearing Room

Public Comment ends June 6, 2006Public Comment ends June 6, 2006