Local Enforcement Agency Correspondence

Department of Toxic Substances Control Regulatory Structure Update Waste Classification Proposal – Latest Information on Proposal

Date: July 22, 1998

To: All Local Enforcement Agencies

As you know, the Department of Toxic Substances Control (DTSC) is currently undertaking a major effort, the Regulatory Structure Update (RSU), to streamline and reduce its regulatory program for California-only hazardous waste. A major component of this effort is the proposal to change the current hazardous waste classification system. I understand that in May 1998 you were provided a summary of the proposal. For your convenience, a copy of this summary is attached.

Much of the information provided in the summary has not changed. One change that has occurred is a review by the State Water Resources Control Board (SWRCB) of Class II landfills in terms of their Waste Discharge Requirements (WDRs). They have found that seven of the landfills (Altamont, B & J Drop Box, Union Mine, Forward, Rock Creek, McKittrick, and Ostrom Road) have WDRs that do not limit the operator's acceptance of designated waste, provided the discharge would not conflict with existing requirements or necessitate new requirements. Operators of these landfills would not be required to obtain specific approval in order to accept wastes that become designated waste as a result of DTSC's issuance of a variance. Four Class II landfills (Western Regional, Keller Canyon, West Contra Costa, and Buena Vista) have WDRs that name specific wastestreams that the discharger is allowed to accept, as well as state that the named wastestreams are nonhazardous or designated waste. Therefore, unless the variance waste is one of the listed wastestreams, these WDRs limit the operators' acceptance of designated wastes. Operators of these landfills would be required to submit a Report of Waste Discharge (ROWD) and may be issued revised or new WDRs in order to accept waste that becomes designated waste as a result of DTSC's issuance of a variance.

The SWRCB also reviewed Class III landfills that are likely to accept designated waste. These are landfills that are currently receiving designated waste and could possibly receive hazardous waste via a variance. These included: Guadalupe, Newby Island, Ox Mountain, Potrero Hills, Redwood Landfill, Vasco, Chicago Grade, Johnson Canyon Road, Jolon Road, Lompoc, Pacheco Pass, Paso Robles, and West Miramar. The WDRs for all 19 Class III landfills evaluated by the SWRCB limit in some manner the ability of the operator to accept designated wastes. In all cases, further action for review and revision of WDRs may be required in order for any of these Class III landfills to receive variance designated wastes, unless the variance waste is a wastestream listed in that landfill’s WDRs.

I am currently reviewing the Solid Waste Facilities Permits (SWFP) for the above landfills to see what limitations and prohibitions are contained in the permits, and if the permits would need to be revised for the acceptance of the new Special Waste.

Since the summary prepared in May the California Integrated Waste Management Board (Board) met on June 24, 1998, to consider its involvement with DTSC on the RSU Waste Classification proposal. Attached is Agenda Item #60 that provides a good background on DTSC's proposal (including projected volume numbers for Special Waste - taken from DTSC’s draft economic impact study) and the Board's concerns, and identifies areas for Board involvement. At the end of the agenda item is the resolution that was adopted by the Board. A copy of the agenda item is attached. The areas identified for Board involvement were transmitted to the Director of DTSC via a memo dated July 6, 1998. A copy is attached.

The waste classification proposal is constantly being revised by DTSC and may go through some major revisions depending on the outcome of trailer bill legislation. The upcoming year's budget does not have any funds for DTSC to continue the RSU project. However, negotiations are underway and funding should become available via a trailer bill that will also contain control language. It appears that the language will probably address a concern held by the public regarding the scientific peer review. Currently, the scientific peer review by the National Academy of Sciences would be completed too late in the rulemaking and CEQA process to have much impact. An earlier version of the proposed trailer bill language required the peer review to be completed prior to the start of the formal rulemaking and CEQA process, which could be delayed to January 1999.

In the meantime, DTSC is moving forward with proposed draft management standards, an economic impact study, and a Notice of Preparation. For your information, initial comments that were submitted to DTSC on the draft proposed management standards and the draft economic impact study are attached. So that LEAs have an opportunity to review and comment on the proposed draft documents as they become available, DTSC is being provided with a copy of the LEA mailing list.

Board staff will continue to work with DTSC to get better clarity on the proposal and its impact to Board programs. We will also continue to keep LEAs apprised of changes to the status of the proposal and Board staff concerns. I would be interested in discussing any comments you have on the proposal. If you have any questions or need further information, please contact me at (916) 341-6291.

Sincerely,

Original signed by:

Bobbie Garcia
Policy and Analysis Office

Attachments

1. Summary of DTSC Hazardous Waste Classification Proposal as it Relates to CIWMB's Area of Responsibility
2. CIWMB Agenda Item #60
3. Memo to DTSC Re: Regulatory Structure Update Non-RCRA Hazardous Waste Classification Proposal - Key Areas of Concern Identified by Board
4. Memo to DTSC Re: Comments on Proposed Draft Management Standards for Special Waste
5. Memo to DTSC Re: Comments on the Draft Economic Impact Study for the Waste Classification Revisions and the Proposed Special Waste Management Standards

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