Emerging Variance Process

MESSAGE FROM JOHN KENNEDY 

Legislative Advocate with Rural County Representatives of California

Hello all,

I wanted to share some details from a follow-up discussion with DTSC about Treated Wood Waste (TWW) and the emerging variance process.  Please note that these are based on preliminary discussions and may be subject to change.  Regardless, they help provide a better idea of how DTSC is approaching the variance process.

Timeframe

DTSC is still on course for its mid-February projected rollout date, although they are still working hard to roll the program out sooner.  DTSC hopes to make the variance application questions available by the end of January.

Variance Types

DTSC expects to issue six different types of variances, as follows:

1. Small quantity generators who self-transport less than 10,000 pounds of treated wood waste annually
2. Large quantity generators who self-transport more than 10,000 pounds of treated wood waste annually (will require the generator to obtain an EPA Identification Number)
3. Transporters
4. Transfer stations and handlers
5. Disposal facilities
6. Treated wood waste resulting from an emergency declaration

DTSC anticipates that each variance issued for transfer stations and handlers will cover up to ten facilities operated by the same operator; however, variances for disposal facilities will be issued on a site-specific basis and each location will require its own variance.  Transporter variances are likely to be issued on a statewide basis.  

DTSC is sensitive to the needs of individual generators who self-haul their TWW and is seeking to minimize the risk of those individuals being turned away from transfer stations and disposal facilities.

Variance Requirements

DTSC indicates that the variances will build in the various training, record keeping, and other requirements that were contained in the TWW Alternative Management Standards.  

Alternative Management Standards Regulation Repeal

DTSC recently submitted a regulatory package to the Office of Administrative Law to repeal the Alternative Management Standards currently included in Title 22 of the California Code of Regulations, arguing that the regulations were adopted under the authority granted by Health and Safety Code Section 25150.7, which is now repealed as a result of Governor Newsom’s veto of last year’s SB 68.  Any regulations that implement future legislation would still have to go through the normal regulatory process.

I’ll let you know as we hear more details from DTSC.  

John Kennedy

Legislative Advocate