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On September 22, 2005, the Office of Administrative Law (OAL)
approved the regulations and the regulations became effective
immediately; however, with the adoption of the Comprehensive Trip Log
regulations on July 19, 2006, the retreader regulations were repealed
and are no longer in effect.
Description
Revision of existing waste tire hauler registration and manifest
regulations to allow retreaders to self-certify with the CIWMB and to
allow self-certified retreaders to use a new Retreader Trip Log and to
substitute customer invoices for the Manifest Forms currently required.
The proposed changes implement, interpret and make specific the
provisions of Chapter 838, Statutes of 2000 (Escutia, SB 876), as well
as correct errors, add language to make the regulations more functional,
and delete unnecessary language.
Regulatory Code Sections That Were Affected
Title 14, California Code of
Regulations, Division 7, Chapter 6, Article 8.5
Rulemaking History
At the June 15-16, 2004, Board meeting, the Board approved emergency
regulations to revise the Waste Tire Hauler Manifesting
requirements for retreaders and directed staff to formally notice the
permanent regulations for a 45-day comment period.
On August 23, 2004, OAL approved the emergency regulations and filed them with the Secretary of State. The regulations
became effective immediately. The emergency regulations allowed a 120-day
timeframe to hold a public hearing to allow interested parties to
comment on the proposed regulations, staff to respond to the comments,
and to file permanent regulations with OAL.
The Board was granted an extension(s) to the 120-day timeframe by
OAL in order to complete the rulemaking process.
The proposed nonemergency regulations were sent out for public
comment on February 25, 2005. A public hearing for the proposed
regulations was held on April 25, 2005. No comments were received during
the comment period or at the public hearing.
Some additional staff changes, including a “sunset provision,” were
presented to the
June
8, 2005, Special Waste Committee. The Committee directed staff to
notice the latest proposed changes for a 15-day comment period. The
comment period ran from June 27 to July 11, 2005. At the
July
19-20, 2005, Board Meeting, the Board adopted the regulations with
the changes from the 15-day comment period. The Board also directed
staff to file a Notice of Exemption with the Office of Planning and
Research, and to file the rulemaking package with OAL.
On September 22, 2005, OAL approved the regulations and filed them
with the Secretary of State. The regulations became effective
immediately; however, with the adoption of the Comprehensive Trip Log
regulations on July 19, 2006, the retreader regulations were repealed
and are no longer in effect.
Rulemaking Documents
Final Text (Adobe PDF, 65 KB |
MS Word, 86 KB): Final text approved by
OAL on September 22, 2005.
Final Statement of Reasons, August 2005 (Adobe PDF,
79 KB | MS Word, 92 KB): Updated
Statement of Reasons explaining the purpose and intent of the
regulations.
Response to Comments, August 2005 (MS
Word, 28 KB): Summary of
comments and response to comments received during the rulemaking
process.
Updated Informative Digest, August 2005 (Adobe PDF,
37 KB | MS Word, 47 KB): Updated
summary of the preceding laws and regulations relating to the
regulations and the effect of the regulations.
Notice of 15-Day Comment Period, June 2005 (Adobe
PDF, 35 KB | MS Word, 147 KB).
Public notice of 15-day comment period.
Proposed Text (Adobe PDF, KB |
MS Word, 89 KB), June 2005. Proposed regulatory
text for 15-day comment period.
Form CIWMB 173, (Adobe
PDF,
36 KB) May 2004. Retreader
Self-Certification Form for 15-day comment period.
Form CIWMB 180, (Adobe PDF,
22 KB) March 2004. Sample Retreader
Trip Log for 15-day comment period.
Notice of Postponement of Public Hearing, March 30, 2005,
(Adobe PDF, 42 KB |
MS Word, 143 KB). Postponement of
Public Hearing until April 25, 2005.
Draft text of proposed regulations, February 25, 2005
(Adobe PDF, 125 KB |
MS Word, 64 KB). Proposed regulatory text for
45-day public comment period.
Notice of Proposed Rulemaking,
February 25, 2005 (Adobe PDF, 70 KB |
MS Word, 165 KB). Information
published in the California Regulatory Notice Register 45 days prior
to the end of the public comment period, which references the
proceedings, statutory authority, an informative digest describing
existing laws, any mandates and the effect of the proposed action on
small business.
Initial Statement of Reasons, February 25, 2005 (Adobe
PDF, 80 KB | MS Word, 83 KB). A statement of the specific purpose
and the rationale for the determination that this regulation is
necessary to carry out the purpose for which it is proposed. Any
alternatives considered and technical documents are also noted here.
More Information
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