1996 Underground Storage Tank Regulations Title 23, Waters · PDF file1996 Index to Rulemaking...

1996 Index to Rulemaking File Underground Storage Tank Regulations Title 23, Waters Division 3, Water Resources Control Board Chapter 16, Underground Storage Tank Regulations

1996 Underground Storage Tank Regulations

Title 23, Waters Division 3, Water Resources Control Board

Chapter 16, Underground Storage Tank Regulations

I. Rulemaking Index

-Index to Ruleavlking File Underground Storage Tank Regulations Title 23. Waters Division 3, Water Rea-es Cantrol Board Chapter 16, Ilndarground Storage Taak Rcgulatim

1996 Index to Rulemaking File

Underground Storage Tank Regulations Title 23, Waters

Division 3, Water Resources Control Board Chapter 16, Underground Storage Tank Regulations

I. Rulemaking Index

11. Memoranda

a. Project: Regulations Reduction: To Jorge Leon, Senior Staff Counsel of the Office of the Chief Counsel, from Barbara Wightman, Regulations Coordinator of the UST Program, dated March 11,1996

b. Rulemaking Calendar Amendments: To Mike Scheible, Jesse R. Huff, James W. Wells, Bob Bonelleri, Ralph E. Chandler, and Jim Bennett from Val E. Siebal, dated February 1,1996

c. Repeals Pursuant to Governor's Executive Order: To Ted Cobb, Sandy Malos, Barbara Wightman, John Youngennan, Rosemary Mulligan, James Kassel, Patricia Meroney, from Jorge A. Leon, Senior Staff Counsel of the Office of Chief Counsel, dated February 27,1996

II1.

IV. Memoranda

SWRCB Rulemaking Calendar for 1996 - Repeals

a. Agency-wide Regulations Reduction Action: To All Boards and Departments Chairs and Directors CalEPA Agency-wide Department Points of Contract from Senior Program Coordinator, Val F. Siebal

b. Rulemaking Calendar - 1996: To Jesse Diu, DWQ, Roger Johnson, DWR, David Holtry, CWP, Sandy Malos, CWP, Barbara Wightman, CWP, Ted Cobb, OCC, Tim Stevens, DWQ, Kathy Harder, CWP, Patricia Meroney, DWR, and Liz Haven, CWP from Jorge A. Leon, Staff Counsel of the Office of Chief Counsel, dated January 22,1996

c. Project: Regulations Reduction: To Jorge Leon, Senior Staff Counsel of the Office of Chief, Counsel from Barbara Wightman, Regulations Coordinator of the UST Program, dated February 29,1996

State Water Resources Control Board - 1996 Rulemaking Calendar V.

VI. List of Contacts

11. Memoranda

=Index to Rulemaking File Underground Storage Tank Regulations Title 23, Waters Division 3, Water Resources Control Board Chapter 16, Underground Storage Tank Regulations

ewettstein

a. Project: Regulations Reduction: To Jorge Leon, Senior Staff Counsel of the Office of the Chief Counsel, from Barbara Wightman, Regulations Coordinator of the UST Program, dated March 11, 1996

- 1996 Index to Rulemaking File Underground Storage Tank Regulations Title 23, waters Division 3, Water Re.murces Control Board Chapter 16, Underground Storage Tank Regulations

.. - I. - State of California

0

To: Jorge Lebn Senior Staff Counsel

gulations Coordinator

From: ,‘Division of Clean Water Programs :State Water Resources Control Board 2014 T Street, Sacramento, CA 95814 Mail Code G-8

Date: March 11, 1996

Subject: PROJECT: REGULATIONS REDUCTION

We spoke last week about a change in purpose for repealing Appendix IV. That change was made and is included in the attached explanatory statement. Also, the strikeout text in Sections 2643(f)(1) and 2644 reflect the changes we discussed. Attached is a new, complete package including:

1. Statement pursuant to CCR Section lOO(b), explaining why repeal of the appendices does not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any California Code of Regulation.

2. Appendices 111, IV, and V in strikeout format.

- 3. Amended text in Sections: 2635(d) 2636(c)(2) 2643(a) 2643(f)(1) 2644 . 2648(b)

r +

Text in these sections was amended to delete reference to the repealed appendices.

.. , . -

TITLE 23, DIV. 3, CH 16 CALIFORNIA CODE 0 F REGULATIONS

REPEAL OF APPENDICES

Explanatory statement pursuant to CCR Section 1 OO@):

Repealing Appendices III, IV, and V from Chapter 16, CCR does not materially alter any requirement, right, responsibility, condition, prescription or other regulatory element of any California Code of Regulations provision.

Appendix 111 contains q p l e s of quantitative and qualitative release detection methods for underground storage tanks. When the Appendix was added to the regulations in 1991, it was intended as a quick reference for the reader’s convenience. When the regulations were amended in May 1994, the text in k c l e 4 was restructured to make it easier to find information about specific release detection methods, making Appendix I11 unnecessary.

Ap\pDendix IV

Appendix IV contains U.S. EPA’s requirements for procedures for evduating the performance of leak detection equipment. The appendix duplicates text from EPA’s publication, “Standard Test Procedures for Evaluating Leak Detection Methods.” It is the SWRCB’s routine procedure to notify all interested parties of available publications (such as EPA’s) via brochures and newsletters.

.)

.

Underground storage tank program local regulators, equipment manufacturers, and other interested parties have been made aware of the availability of EPA’s publication through pamphlets, guidance letters, and newsletters. However, the text in Sections 2644(a) and 2643(f)(1) is being amended to provide EPA’s hotliie telephone number so that all readers of the regulations will have access to the publication.

The fact that the text in Appendix IV is duplicative, and the fact that a telephone number for obtaining a copy of the publication is being included in the text of the regulations makes Appendix IV unnecessary.

.

-

Appendix V contains a form used by tank owners to verify that their tank installations were done properly. The form, “CERTIFICATE OF COMPLIANCE FOR UNDERGROUND STORAGE TANK INSTALLATION - FORM C” is optional, provided specific inkormation is included in the owner’s certification. The specific information is stated in Section 2635(d), making Appendix V unnecessary.

.

Title 23, Div. 3, Ch. 16 California Code of Regulations

0 Section 2635(d)

(d) Owners or their agents shall certify that the installation of the tanks and piping meets the conditions in subdivisions (1) through (5) below.-

'. . .

. . . .


0 Section 2636(c)(2)

(c) Underground primary piping shall meet all of the following requirements:

(2) Primary piping and secondary containment systems shall be installed in ,

accordance with an industry code of practice developed in accordance with voluntary consensus standards. The owner or operator S M ~ certify that the piping was installed in accordance with the abeve requirements of section 2635(d).+

Title 23; Dw. 3, Ch. 16 California Code of Regulations 0 Section 2643(a)

(a) Non-visual quantitative release detection methods shall comply with the requirements of this section. Subsection (b) contains monitoring requirements for underground storage tanks; subsection (c) for pressurized piping; subsection (d) for suction piping; and subsection (e) for gravity-flow piping.*

. . . .

Title 23, Dw. 3, Ch. 16 California Code of Regulations

' (9 Each quantitative release detection method, with the exception of manual inventory reconciliation and manual tank gauging, shall be certified to comply with the performance standard(s) specified in this section and shall be subject to limitations specified in the certification. This certification shall be obtained by the equipment manufacturer following one of the evaluation procedures in subdivisions (1) through (3) below:

(1) An independent third party tcsting laboratory shall evaluate and approve the method using the appropriate "EPA Standard Test Procedure" for leak detection equipment k+ppdH+ , or,

. .


0 section2644

I.

(a) An owner or operator who is required, pursuant to section 2641 to establish a non- visual monitoring program, shall comply with the requirements of this section if a qualitative release detection method is used. Each qualitative release detection method, including interstitial monitors, shall have an independent third-party evaluation to certify accuracy and response time of the detection method


Section 2648@)

(b) Ground water monitoring may be used as the sole release detection method of non- . visual monitoring for existing underground conditions exist:

tanks only when all of the following

(2) Continuous monitoring devices or manual methods are used which are capable of detecting the presence of at least oneeighth of an inch of free prodyct on top of the ground water in the monitoring wells. This capability shall be certified by an independent third party using an appropriate evaluation procedure. E x a m p k d

. . , .

,

111 - 2

. . . .. . .

f

IV - 1 . .

.. . . .

3.

> d.

C.

. . ..

IV - 3

b. Rulemaking Calendar Amendments: To Mike Scheible, Jesse R. Huff, James W. Wells, Bob Borzelleri, Ralph E. Chandler, and Jim Bennett from Val E. Siebal, dated February 1, 1996

=Index to Rulemaking Pile Underground Storage Tank Regulations Title 23, Waters Division 3, Water Resources Control Board Chapter 16, Underground storage Tank Regulations

M E M O R A N D U M

saarmunto, CA S5814 (916)445-3846

aprancot OfPertici Rgulrtion

TO: Mike Scheible Bob Borzelleri Jesse R. Huff Ralph E. Chandler James W. Wells Jim Bennett

Senior Program Coordinator FROM: .\n.iVal F. Siebal

DATE : February 1, 1996

SUBJECT: RULEMAKING CALENDAR AMENDMENTS

Following the January 29, 1996 Policy Staff meeting, Undersecretary Pandol directed that amendments to rulemaking calendar occur in order to meet repeal of identified regulations by the June 30, 1996 deadline.

to the Office of Administration Law ( O X ) on February 1, 1996: The following amended rulemaking calendars will be forwarded

CIWM OEHHA

DPR

DTSC

Roy Rut2

SWRCB

I Sandy Malos Ted Cobb John Norton

NO CHANGES NO CHANGES NO CHANGES Accelerated repeals for adoption to April 1996 and to OAL June 1996,

Changed Project Managers as requested for R-96-27 and R-96-28.

Accelerated the following: all to OAL by June 1996. Clean Water Repeals and Loans to Public Agencies General Provision Repeals Certifications Repeals Underground Tank Repeals

The Chairs or Directors may contact Undersecretary Jack Pandol to negotiate any changes to the above.

RULEMAKING CALENDAR AMENDMENTS February 1, 1996 Page 2

In addition, those regulations that can b repealed using Section 100 documents should reach OAL by Feb Id ary 16th, at the latest.

Facesheets regarding repeals, notices of hearing, and final transmittal notices you send out to Ms. Artavia Edwards at ARB. She will be tracking and reporting our progress on this project to the Secretary.

memorandum, please call me.

Also, please copy all cover sheets and Standard Fonn 100

Should you have any questions regarding this guidance

c. Repeals Pursuant to Governor's Executive Order: To Ted Cobb, Sandy Malos, Barbara Wightman, John Youngerman, Rosemary Mulligan, James Kassel, Patricia Meroney, from Jorge A. Leon, Senior Staff Counsel of the Office of Chief Counsel, dated February 27, 1996

~ I n d u to Rulemaking Pile Underground Storage Tank Regulations Title 23, Waters Division 3, Water Resources Control Board Chapter 16, Underground Storage Tank Regulations

. ,. Sta:r of 'cai i fornia

M e m o r a n d u m

From :

Subject:

0

0

Ted Cobb Sandy Malos Barbara Wightman John Youngerman Rosemary Mulligan James Kassel Patricia Meroney

Date: FEE 2 7 1996

*@. s Jo e A. L e h SeKor Staff Counsel OFFICE OF THE CHIEF COUNSEL STATE WATER RESOURCES CONTROL BOARD 901 P Street, Sacramento. CA 95814 M a i l Code G-8

REPEALS PURSUANT TO'GOVERNOR'S EXECUTIVE ORDER

At our last group meeting on February 22, 1996, we agreed to set up a follow-up meeting for March 7, 1996 at 1O:OO a.m. Again, we will meet in the OCC Conference Room, 9'01 P Street, 4th Floor. Those of you who were unable to attend last meeting should especially attend the next meeting. We discussed issues involving document preparation, format, timing, and APA requirements. This memo summarizes the discussion.

Fiscal ImDact Statements

Attached please find a copy of the current revision of Form 399, "Fiscal Impact Statement," to comply with Government Code Section 11346.5. The form must be completed to estimate fiscal impact on state and local agencies. Also attached is SAM Section 6055 which contains instructions for Form 399. If all boxes are checked "no impact", we do not need Department of Finance approval. If there is a potential impact, the forms must be submitted to Department of Finance for approval. The approved forms can be submitted to OAL at the end of the rulemaking process, so transmittal to and approval from Finance can run concurrently with our notice and comment period.

OAL Checklist for Rulemakinq

Attached also is a checklist provided by OAL to help assure compliance with all OAL requirements. This should help in assuring that each step is taken in the rulemaking process.

Ted Cobb, et a1 0 -2- FEE 2 7 1996

Format

We agreed to use the format that was created by Sandy Malos. Copies were distributed at the meeting. If.you need one, contact Sandy or me. We also agreed that the next draft (first for some of you) will be submitted to me for review prior to March 7, along with a diskette containing all required documents, so that I can review for legal sufficiency and assure consistent format.

Timinq

In order to meet our deadline of submittal to OAL by July, it looks like we need to meet the following deadlines:

March 7, 1996 Draft to JAL

March 26, 1996 All docs to OAL for publication

March 26, 1996 Mail Notice directly to public

May 20. 1996 Receive Comments

May 20 - May 27 Respond to Comments

and to Cal/EPA Coordinator

May 5, 1996 Determine whether to hold workshop

June 5/6, 1996 Workshop, if any

June 20. 1996 Adoption by SWRCB

July 1, 1996 Transmit to OAL

This is a tighter schedule than we had discussed at the first meeting on January 10, 1996, made necessary by Cal/EPA’s desire to transmit the repeals to OAL in July instead of August. There is a slight cushion built into this schedule in the event we need to re-notice any substantive changes for 15 days.

Ted and I will be available throughout the process to answer legal questions.

Attachments

. . . . - (REGULAllONS AND ORDERS) STD SI I~EV ~ Y I (REVEnsm tllc

a AGENCY SECRETARY

,b APPRWAUCONCURRENCE ;

DEPARTMENT OF FINANCE I B crrxyuy mmn uuwxn

I APPRWAUCONCURRENCE ; ~

OAL File No.

Agency:

Reviewer:

NO-MENCY CBECKLI! (all citations are to the Govt. Code un:

I . INITIAL REVIEW

A. Regulatory action completed and transmitted within 1 year of notice publication. (§11346.4(b))

B. Request for early effective date; and showing of good cause. (511343.4)

C. Certificate of Compliance submitted to OAL within 120 days of effective date of emergency regulations. (§11346.1 (e) 1

1. Special statute for more or less time.

2. B.2 on Form 400 properly marked, or appropriate certification in file. (§11346.l(e))

D. RESUBMITTED FILINGS: IF NONE, GO

1. Resubmission of previously TO E.

disapproved regulation within 120 days of receipt of decision of disapproval. (§11349.4)

2. Extension granted by

3. If not, within 1 year of

4. Prior filing must:

Director for good cause. (§11349.4(a))

notice publication date. (§11346.4(b))

a. Be identified by date of submission to OAL;

b. Specify portions of prior RMF to be incorporated into the resubmission; and

Nonemergency 1

ss othc

OK

mise noted)

PROBLEMS ~~~

Revised 2/95

c. Be included with the rulemaking file if previously returned to agency. (§11349.4(c); CCR, Title 1, §84 1

E. Approval by Director of Consumer Affairs. (Bus. & Prof. Code §313.1)

F. State Fire Marshal approval.

G. Any other review/approval

(§11359)

required by the agency's statutory scheme.

11. TEXT

A. Certification of text in writing by head of adopting agency or designee. (§11343 (f) ; Form 400 B.7)

B. Prechange text matches text filed with Secretary of State.

C. Amendments in underline/italic and strikeout format. (§11346.2(a) (3))

D. Any differences between text submitted to OAL and text as adopted by agency.

E. Authority and Reference citations. (§11346.2(a) ( 2 ) )

111. INCORPORATION BY BEFEICWCE (If none, go to next heading)

A. Statement that document is incorporated by reference; identify document by title and date of publication. EXCEPTION: No date required if authorizing statute requires adoption/enforcement of incorporated provision and any subsequent amendments. (CCR, Title 1, §20(c) ( 4 )

Nonemergency 2

0

Revised 2 / 9 5 0

8 . Identification of which portions of document are incorporated. (CCR. Title 1, §20(c) ( 5 ) 1

C. Statement in FSOR that publication of incorporated document in CCR would be cumbersome, etc. (CCR. Title 1, §20(c) (1)

D. Six copies of incorporated document unless the document is formal publication and reasonably available from commonly known or identified source. (CCR, Title 1, §20(d))

EXCEPTION: specifically requires adoption or enforcement of incorporated material, no OAL review of material for compliance with §11349.1. (CCR, Title 1, §20(b))

IV. CONTENTS OF RMF

If another provision of law

A. Table of Contents/Index identifies each item in RMF. (511347.3 (a) (12))

penalty of perjury stating:

and

(511347.3 (a) (12) )

1. Affidavit/Declaration under

a. Date record closed;

b. RMF is complete.

B. Statement of mailing notice

C. Text of regulations as

(§11346.4(a) (1-4) ; Title 1, CCR, §86)

originally proposed; modified text made available to public. (511347.3 (a) (10)

D. Petition proposing regulatory change. (8511340.7; 11347.3 (a) (1)

E. Petition requesting public hearing. (§§11346.8(a) ; 11347.3 (a) (6) 1

Nonemergency 3 Revised 2/95

.

F. Adequate transcript. recording or minutes of public hearing. (511347.3(a) (8); CCR, Title 1,-.590))

G. If reg,ulation requires a report and applies to business, required finding. (511346.3(c))

H. Notice to public if hearing continued or postponed. (§11346.8(b).)

I. Notice of Proposed Action (S11347.3 (a) ( 2 ) )

passed between publication of notice and close of written public comment period and hearing. (S11346.4) Only 30 days if regulations established routes for the transportation of explosives. (Vehicle Code 531616)

1. At least 45 days have

2 . Content a. Time, place, nature of

(1) If hearing was . proceeding. (511346.5 (a) (1) 1

continued or postponed, second notice must be given the public as to when it would be resumed. (511346.8 (b) )

b. Authority and Reference citations. (511346.5(a) ( 2 ) )

c. Informative Digest (1) s m r y of

existing laws and regulations. (511346.5(a) (3))

proposed regulation adequately described. (S11346.5 (a) ( 3 ) )

federal regulation or statute:

description of significant differences and citations (11346.5 (a) ( 3 ) ) ;

agency efforts to minimize duplication and conflicts, if applicable. (11346.5(a) (31, 11346.2(b) ( 6 1 , 11349(f))

(4) Identify by title and date of publication any document

(2) Effect of

(3 )’ If comparable

(a) brief

(b) summary of

Nonemergency 4 Revised 2 / 9 5 0

incorporated by reference. (CCR. citle 1. §20(C) (3))

requirements - specific agency/type of regulation. (511346.5 (a) ( 4 ) 1

determination (policy or expenditure). (§11346.5 (a) ( 5 ) 1

(1) If “yes. I‘ does mandate require reimbursement?

(511346.5 (a) (6) ) (1) Cost or saving

to any state agency; and ( 2 ) Cost to any

local agency or school district for which 5517500-17630 require reimbursement; and

discretionary cost or savings imposed upon local agencies; and

savings in federal funding to the state.

potential adverse economic impact on business/private persons. (511346.3 (a))

(1) If agency finds no adverse economic impact, notice must include declaration to that effect. (§11346.5(a) ( 8 ) )

(2) If agency finds no adverse economic impact, record must include evidence relied upon. (§11346.5 (a) ( 8 ) )

(3) If agency finds potential adverse impact:

of businesses affected. (511346.5(a) (7) ( A ) )

of projected compliance requirements. (§11346.5(a) (7) (B))

d.-Other statutory

e. Local mandate

f. Cost estimate

(3) Other non-

(4) The cost or

g. Assessment of

(a) ID of types

(b) Description

I C ) Statement inviting proposals in required language. (§11346.5(a) (7) (C))


..... .- .., - - . - . -.,- . . . . . I . .. .I , . . . . . : * - . . t . . . . . .

~ 4 h. Directly AffGcted

Private Persons/Businesses Potential < - Cost Impact Statement. (511346,5(a)49).) ,*

ii' .. Statement. of resuits A >'

of assessment 'for creatlon/elimination,. of jobs, creation/elimination/e,xpanaion of business. (11346.5(a) (10) .. '

'J. (for notices pallshed after 7/22/94) Determination whet€ier .':' '

regulation affects small business (ccR,!., title 1, 4(a)); if not, brief explanation of. reasons .We, tit~le +, . , 4Jc)) ; if yea, .(1); concise plain :Englishl r 'policy statement cwerview;explaini,ng . :- broad objectives and @peci,fic . objectives; if appropriate;, (2):eithei' ,. requ4red statement-- that remlation . in. ,;plain English 'or that .not feasible du? ._ to technical nature but pialn English. . , sununary availabi'e, (CCR, title 1; 4'(b),)'s i

k. If any. agency ..' .. , _ . .housing costsin notice must so state;'-.' , . ? etc. (511346.5W (11) 1 + . .<, ,

agency must determine. that' ,no 1 .I1 ' I .

I * . I

' 9

. . I ... .. ' '.

.. .. - -"determines "sighificant effect oii

,-

' . 1 : Stat8men.c. thaE' the :

alternative considered. would-.be more:^.,^.,‘ effective or iess ;burdensome. . . '

*(511346.5(a) (lZ))'r...

and phone #. (,sii346.5(a) (131 I, , ...*. '. conanents. (511346:5(a) (141.)

,\. . (511346.5 (a) (15) I.:,

location of information upon which: proposal is based :(rulemak'ing"file) . '

q. Availah'lity of . '

express terms. (511346,.5(a) (15) and e

r. 15-day requea'i, for '. -.. public hearing. (511346.5Ja),(16) I - . ,

8 . 15-day availabiI.ity of .changes. (§11346.5(a) (17)

. I . - . .... ... . . ,' . _ \

m: Agency'contact perspri

I . -'n. :Deadline for

0 . Initial stacem&t'.of

p. 'Availabiaity of;and ,

. reasons prepared and'available.. ....

(511346.5 (a) (15) ; -§11346:5 (b1.j

(b) ; 511346.2 (a) . . * . .

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J. INITIAL STATEMENT OF REASONS 1. Public problem,

administrative requirement, condition or circumstance. (511346.2(b) (1))

2. Specific purpose of proposed action. (§11346.2(b) ( 2 ) )

3 . Rationale/reasonable necessity for proposed regulation. (§11346.2(b) (2))

study, report, document relied upon, if any. (§11346.2(a) ( 3 ) )

business alternatives. (§11346.2(b) (4) (B) 1

equipment are mandated (or specific actions or procedures prescribed), agency must supply the reasons for requiring same: (511346.14 (a) )

7. A description of alternatives to the regulation that were considered by the agency, if any, and agency's reasons for rejection of same. (511346.14(b); 511340.1)

alternative considered by the agency would be more effective or would be as effective and less burdensome to affected private persons. (§11346.14 (b) ; 511340.1)

4 . Identification of each

5 . If any identified, small

6. If specific technologies or

0 . A statement that no

,

K. FISCAL IMPACT 1. In addition to disclosures

in notice, RMF must include supporting data relied upon. (§11349.1(d) (1))

2. If regulation results in cost to local agency/school district, OAL MUST DISAPPROVE unless RMF contains:

Act. (§11349.l(d) (3) (A)); or

accompanying bill. (§11349.1(d) ( 3 ) (BI); or

(§11349.1(d) (3) (C)) ; or

a. Citation to Budget

b. Citation to

c. DOF approval.


.

nr D- o d. DOF authorization.

e. DOF concurrence in (§11349.l(d) ( 3 ) (D) ; AND

estimate. (SAM 6056) 3 . S T D Form 399

a. Properly filled out and signed. DOF concurrence required? (SAM 6055,. 6056);

to dollar estimate. (SAM 6055) b. Computations leading

L. 1. Updated Informative Digeat (S11346.9 (b) ) : .

regulations directly related to action.

action.

2. Summary of laws and

3 . Summary of effect of

M. All written comments and other information submitted to the agency. (§11347.3 (a) (6))

N. All data relied upon by the agency. (§11347.3 (a) (7))

0. Any other information. statement, report or data which agency is required to consider or prepare. (§11347.3 (a) (11))

P. For regulations adopted by a department, board, or commission within Cal EPA. Resources Agency, or State Fire Marshal, see 11346.2(b) (6).

Q. If regulation affects small business :

statement overview (located in notice if published after 7/22/94); and

regulation in plain English (CCR, title 1, 4(d) (1) ) ; or (A) statement of agency determination that not feasible to draft regulation in plain English and (B) a plain English summary (CCR, title 1, 4(d) (2); 11346.2(a) (1)) . . Was the statement made available? (11346.2(a) (1))

1. plain English policy

2. statement confirming

Nonemergency 8 Revised 2/95 .

.

R. Assessment of: creation or elimination of jobs; creation, elimination or expansion of business (if in written form other than statement in the notice) . (11346.3 (b) ) V. POST-NOTICE MODIPICATIONS Differences between originally noticed text and text submitted to OAL. IF NONE, GO TO NEXT HEADING. (§11346.8(C))

A. If yes, was change nonsubstantial (CCR, Title 1, §40 solelv srammatical in nature?

or

(§113h6-8 (c) 1 1. If yes. go to next heading. 2. If no, go to B.

B. Change sufficiently related? (§11346.8(c); CCR, Title 1, §42)

1. If yes, go to C. 2 . If no, new 45-day notice

necessary. 1§11346.8(c))

C. Modified text made available to public 15 days prior to adoption. (§§11347.3(a) (10); 11346.8(c)

1. If yea. go to D. 2. If no, new 15-day notice

necessary.

D. Adequace notice of availability.

comments will be received.(CCR, Title 1, 544 (a) )

2 . Accompanied by full text of regulation as originally proposed, with changes clearly indicated, with written description of method. (§11346.8(c) : CCR, Title 1, §§44, 46)

3. Identification of document incorporated by reference, not identified in original notice. ,(CCR. Title 1, §20(c) (3))

4. Statement that agency complied with CCR, Title 1, §44(b) including:

1. Period within which


.

nr P- o a. Date notice mailed; b. Beginning and ending

dates of public availability. (CCR. Title 1, 544 (b) )

to, statement confirming this: also, beginning and ending dates of public availability. (CCR, Title 1. §44 (c) , (d) 1

15511347.3 (a) (21 ; 11346.7(b) 1

c . If no persons to mail

VI. FINAL STA- OF REMOWS

A. Update of information in ISR. (511346.9(a) (1)

B. 1. Update of documents relied upon by agency: Identificarion and copy. (5511346.9(a) (l), 11347.3(a) i7); CCR, Title 1, 545)

2 . If identified in ISR and made available for public review during original comment period, go to C . If not, go to 3.

document in ISR, OR if did not make document available, did agency comply with notice requirement in CCR, Title 1, 5 4 5 .

C. Determination whether regulations impose mandate upon local

l§11346.9(a) ( 2 ) )

reimbursable under 5517500-17630?

statement of reasons for the finding of non-reimbursability.

3 . If did not identify

' agencies/school districts.

1. If "yes", was mandate

a. If '"not reimbursable".

D. Determination, with supporting evidence, that no alternative would be more effective/as effective and less burdensome to affected persons. (§11346.9 (a) (4))

Nonemergency 10 Revised 2/95 '0

., ' .

E. Reasons for rejecting proposed alternatives to lessen impact an small business. (511346.9(a) (5)

recommendation regarding regulation or procedure received during comment period, with copy of comments, data, etc. submitted to agency. (5§11346.9(a) (3); 11347.3ta) (6))

1. Summary of objection/recommendation made during 15- day notice period, with copy of comments, data, etc. specifically directed at 15-day changes. (5511346.9(a) (3) and 11346.8(c))

2. Explanation of accommodation or reason for relecting objection/recommendation. (511346.9 (a) (3) )

VII. SWSTAW~IVE REQUIREMENTS

F. Summary of each objection or

A. AUTHORITY (5811349 (b) , 11342.2; 0 CCR, Title 1, 514) 1. Must have specific

authority to impose fine or imprisonment. (811145)

Title 1, 510) B. NECESSITY (511349 (a) ; CCR,.

C. CLARITY (§11349(c): CCR, Title 1. 516)

D. ColpSISTEWCY (511349 (d) 1 1. Permit Reform Act.

(§§15371- 15378) 2. Public Records Act.

(586250-6267) 3. Information Practices Act.

4. Bagley-Keene Open Meeting

5. CEQA (Public Resources Code

(Civil Code 551789-1789.77)

Act. (5§11120-11132)

§521000, 21080.5; CCR, Title 14. 5515000, 15250, 15307, 15308)


S T A T E A D M I N I S T R A T I V E M A N U A L

BWGETING

FISCAL IMPACT ON FEDERAL FUNDING OF STATE PROGRAMS (Revised 7/86) 6054

-1 Funding

Federal funding of State programs could increase as the resu l t o f State regulations if the State acts t o exercise authority granted by the Federal Govermnt. m s t l i ke ly . this'would involve program which have established sharing ra t ios (e.9.. AFDE) and the State acts to increase the size of e i ther the c l i en t group or the payments themselves. I n th i s context, i t i s inwortant t o dist insuish between regulations which imlecrrnt Federal and those which are issued under ' granted by the Federal Govermnt. I t should be noted that recent court cases have h e w t h e threatened loss of federal funds i s not equivalent t o a federal mandate.

Rather than' sampling any affected State and/or local ent i t ies , i t would be appropriate and acceptable for the issuing State agency t o e i ther calculate the increased Federal cost (based on established sharing rat ios) o r t o contact the Federal agencies involved for t he i r estimates of any f i sca l inpact.

I

as1 i n Fe-

As w i t h increased Federal costs, decreases would most l i k e l y resul t i n programs involving sharing rat ios. me same methodology suggested for estimating Federal costs may be ecnployed also for Federal savings.

FISCAL IMPACT STATMEIT (Revised 7/86] 6055

A State regulation which relates only t o the internal management o f the issuing agency or which can be described as a form i s not a 'regulation" f o r purposes of the requirements herein pertaining t o the preparation of f isca l estimates. However. every other regulation m s t include an estimate and/or determination by the issuing agency o f i t s f i sca l effect on govermnta l agencies. Fiscal Inmact Statement, Std. Form 399. (see 6055 I l l us t ra t i on ) has been developed for th is Purpose, a copy o f m i c h should be attached t o each Face Sheet for F i l i n g Administrative Regulations. Fora DAL 4. w i t h the Of f i ce o f Administrative Law (DAL). Copies of computations leading t o do l la r estimates should also attached. A copy of the local mandate determination. the Std. Form 399. and any attachm2nt.s thereto must be retained by the issuing agency in the rule-mking f i l e required by Governaent Code k c t i o n 11347.3. m e Office of Administrative Law w i l l not approve regulation f i l ings which do not include a properly completed Std. Form 399. Instead. Of f i ce o f ArhIinistrative Law i s required by Section ll349.1(6) t o return any regulation t o the adopting agency i f the adopting agency either:

0 Has not prepared the required cost es t im te and included i t i n the rule-making f i l e : or

Has prepared the rew i red estimate. and concluded that the costs of the regulation t o loca l govemnent w i l l be reimbursable. but the adopting agency f a i l s t o either:

- C i t e an appropriate budget act i t e m o r chaptered b i l l as a source of reimbursement funding; or

- Attach a l e t t e r from the Department of Finance which states that Department of Finance has approved a request t o include funding i n the next Governor's Budget and Budget B i l l .

ESTIMATES W I C H REQUIRE DEPARTMENT OF FINANCE ACTION (Revised 7/86) 6056

In some instances. a State agency i s not requlred t o obtain the concurrence o f the Department of Finance i n i t s estimate of the f i sca l effect on govermnta l ent i t ies . However. such concurrence i s required for those estimates which contain arw of the following elements. as depicted in 6055:

. A.1--Reimbursable Local Costs A.Z(f)--Non-Reinbursable Local Costs (costs/savings)

I 6.1--State Costs B.Z--State Savings

(Continued

A:S14/1204/8 11 318 6054 JULY 1986

c - . . . .

0 S T A T E A D M I N I S T R A T I V E M A N U A L

@JffiETING

(Continued) ESTIMATES WICH REQUIRE DEPARTMENT OF FINANCE ACTION (Revised 7/86] 6056

I In addition, Department o f Finance v i s required for the inclusion in any such estimate of any statement t o the e f fec t that reimbursement Of local costs w i l l be requested i n a subsequent Governor's Budget.

Rewests for Department o f Finance's concurrence in or approval o f a cost estimate fo r a proposed executive regulation should be forwarded t o the Departnmt of Finance principal analyst assigned to the issuing State agency a t least 30 days p r io r t o the date on which the "notice o f proposed adoption. o r .finding of an emergency. i s Proposed to be issued. Questions regarding any technical aspects o f the local mandate law should be directed to the Legislat ion and Intergovemmntal Relations Unit of the Department of Finance.

Section 11346.52. as added by Chapter 327/82. specif ical ly authorizes the Oepartment of Finance to .... ceview any estimate ... fo r content including, but not l imi ted to, the data and assunptions used i n i t s preparation:

INWT F W OTHER GOEIIIIWNTAL AGENCIES I N THE DEVELOPMENT OF FISCAL ESTIMTES (Revised 7/86) 6057

State agencies which propose t o issue regulations should allow f o r input from any and a l l other govermnta l agencies which express concern about the potential f isca l impact of the regulation on them. Such input should be so l i c i ted by the issuing agency by a l l means practical. including public hearings. O M 'Notice Supp lan t . " and any other appropriate means.

Although Department of Finance concurrence i s required only for those circmstances set for th i n 6056. such concurrence may be reauested for any other circunstances as well. Men Finance has concurred i n the f i sca l estlmate. Finance w i l l . if reauested. be primari ly responsible fo r providing evidence and testimony t o the Conmission on State Mandates on any claim frm local goverrrrnt that the estimate i s not accurate. Conversely, the issuing State agency w i l l be primari ly responsible in instances where Finance's concurrence was not obtained.

THE IWITIATION OF CHANGE

WRPOSE (New 11/73) 6060

I

The purpose of these sections i s t o stress those actions i n the budget developnent and enactment Process which nay be used t o bring about s ign i f icant change in the functions or organization o f agencies of State G o v e m n t . In this sense, signif icant change means such things as the transfer, consolidation o r coordination of part o f an agency or i t s functions w i t h other parts of the agency or w i t h another agency. or the abolishrrnt or e s t a b l i s h n t of functions and parts of an agency. The primary purpose i s t o explain how change comes about.

BY contrast. many actions taken which are intended t o bring about Change seem t o f a i l i n the i r objective. Nonnally. t h i s happens because the means used fa i l s t o reach any par t of the decision process i n a form t o compete for funding i n the decision process i n e i ther the Administration or the Legislature.

.

IMPETUS ( N e w 11/73) 6061

For signlf icant change t o occur. there nust be su f f i c ien t impetus. This normally takes the form of recognition of a need for change and strong motivation for i t s accomplishnent. Thc impetus may come from the provider of services a t any level of govermnt o r frmn user o r c l i en t o r advocate groups. The need may be expressed i n many forms: for example. employee suggestions. COrreSDOndence from the public. the public news media. or formal and informal analyses of exist ing program and the i r effectiveness. The channel may be through the Administration to the Legislature o r d i rec t l y from the public o r a special interest group t o a leg is la tor .

A:S14/1204/9 TL 318 6056 (Cont. I ) JULY 1986

111. SWRCB Rulemaking Calendar for 1996 - Repeals

- 1996 Index to Rulemaking File rrnderground Storage ~ a n k Regulationa Title 23, waters Division 3, water Resources Control Board Qlaptcr 16, Dndcrground Storagc Tank Regulations

0 SWRCB RULEMAKING CALENDAR FOR 1996--REPEALS

Office of the Chief Counsel will be responsible for:

Chapter 1: General Provisions

Chapter 1.5: Rules of Practice and Procedure

Chapter 6: Review by State Board of Action or Failure to Act by Regional Board

Division of Water Rights will be responsible for:

Chapter 2: Appropriation of Water

Chapter 2.5: Water Rights for Stockponds

Chapter 3: Determination of Right to the Use of Water

Division of Water Quality will be responsible for:

Chapter 9.1: Enforcement Procedures

Chapter 10: Licensing and Regulation of Oil Spill Cleanup Agents (Rule 100)

Chapter 28: Certifications

Division of Clean Water Programs will be responsible for:

[C-: Underground Tank Regulations

Chapter 24: Loans to Public Agencies

Chapter 25: Clean Water Grant Program

STATE WATER RESOURCES CONTROL BOARD REGULATIONS PROPOSED FOR REPEAL

TITLE 23 DIVISION 3

Chapter 1

0

Sec 640 64 1 641.1

Chapter 1.5

Sec 647 647.1 647.2 647.3 647.4 647.4 647.5 648 648.1 648.2 648.3 648.4 648.5 648.6 648.7 648.8 649 649.1 649.2 649.3 649.4 649.5 649.6

Chapter 2

Sec. 705 706 707 708 709 7 10 711 736 ~.

737 7 38 739 755 756 760

761 762 763 764 764.12 764.13 764.14 765 766 767 77 1 804 830 831 832 833 834 835 836 851 852 860

Chapter 2.5

Sec. 880 88 1 885 886 887 888 890 895 896 897 898 900 901 902 905 906

0

Chapter 3

Sec. 940 950 951

Chapter 6

Sec. 2054 2055 2068

Chapter 9.1

Sec. 2240 2242

Chapter 10

Sec. 2300 2301 2302 2303 2304 2310 2310 - 1 2311 2311.1 2312 2313 2314 2315 2316 2317 2318 2320 2321 2330 2331 2332 2333 2334 2335 2336

Chapter 16

Article 10 Appendix Appendix Appendix

Chapter 24

Sec. 3580 358 1 3582 3853 3584 3585 3586 3587 3588 3589 3590 3591

11 V

3592 3593 3594 3595 3596 3597 3598

Chapter 25

Sec. 3610 361 1 3612 3615 ~~

3618 3619 3620 3621 3622 3623 3624 3625 3626 3630 3631 3632 3635 3636 3637 3638 3642 3643 3644 3645 3646 3647 . 3648 3649 3650 3651 3655 3656 3657 3658 3659 3663

Chapter 28

Sec. 3841 3842 3843 3844 3845

3848 3849 3850 ~~ ~

3851 3852

rn

S m E of California

,

To: Jorge Le6n Date: February 21, 1996 Senior Staff Counsel Office of the Chief Counsel

From:

Subject:

0

Underground Storage k rogram Division of Clean W a g g r a m s State Water Resources Control Board 2014 T Street, Sacramento, CA 95814 Mail Code G-8

PROJECT: REGULATIONS REDUCTION

We spoke last Thursday, February 15, about repealing the targeted Title 23 appendices via CCR Section 100. Attached are:

1. Statement pursuant to CCR Section 100(b), explaining why repeal of the appendices does not materially alter any requirement, right, responsibility, condition, prescription, or other regulatory element of any California Code of Regulation.

2. Appendices 111, IV, and V in strikeout format.

3. Amended text in Sections: 2635(d) 2636(c)(2) 2643(a) 2643(f)(1) 2644 i648(b)

-.

Test in these sections was amended to delete reference to the repealed appendices.

1 believe you said you were going to attach the Form 400 and make a combined package out of Section 100 repeals for other programs. If you would like for me to complete the Form 400, or do any other work on this, please let me know. I am at 227-43 18.

0 TITLE 23, DIV. 3, CH 16 CALIFORNIA CODE 0 F REGULATIONS

REPEAL OF APPENDICES

Explanatory statement pursuant to CCR Section lOO(b):

Repealing Appendices 111, IV, and V from Chapter 16, CCR does not materially alter any requirement, right, responsibility, condition, prescription or other regulatory element of any California Code of Regulations provision.

Appendix 111 contains examples of quantitative and qualitative release detection methods for underground storage tanks. When the Appendix was added to the regulations in 1991, it was intended as a quick reference for the reader’s convenience. When the regulations were amended . in May 1994, the text in Article 4 was restructured to make it easier to find information about specific release detection methods, making Appendix I11 unnecessary.

Appendix IV contains leak detection equipment:This is v Procedures for Evaluating Leak De=’ which is available by calling US. EPA at

EPA’s publication, “Standard Test

(800) 424-9346.

Underground storage tank program local regulators, equipment manufacturers, and other interested parties have been made aware of the availability of EPA’s publication through pamphlets, guidance letters, and newsletters. However, the text in Sections 2644(a) and 2643(f)(1) is being amended to provide EPA.?s hotline telephone number so that all readers of the regulations will have access to the publication.

The fact that the text in Appendix IV is duplicative of language in EPA’s publication, and the fact that a telephone number for obtaining a copy of the publication is being included in the text of the regulations makes Appendix IV unnecessary.

Appendix V contains a form used by tank owners to verify that their tank installations were done properly. The form, “CERTIFICATE OF COMPLIANCE FOR UNDERGROUND STORAGE TANK INSTALLATION - FI)RM C” is optional, provided specific information is included in the owner’s certification. Th V unnecessary.

pecific information is stated in Section 263(d), making Appendix

TitIi23, Div. 3, Ch. 16 California Code of Regulations

Section 2635(d) .

(d) Owners or their agents shall certify that the installation of the tanks and piping meets the. conditions in subdivisions (1) through (5 ) below.-

..

Titld23, Div. 3, Ch. 16 California Code of Regulations

Section 2636(c)(2)

(c) Underground primary piping shall meet all of the following requirements:

(2) Primary piping and secondary containment systems shall be installed in accordance with an industry code of practice developed in accordance with voluntary consensus standards. The owner or operator shall certify that the piping was installed in accordance with the abeve requirements of section 2635(d).+

...

3


Section 2643(a)

(a)

0

Non-visual quantitative release detection methods shall comply with the requirements of this section. Subsection (b) contains monitoring requirements for underground storage tanks; subsection (c) for pressurized piping; subsection (d) for suction piping; and subsection (e) for gravity-flow p i p i n g . Q

0

. . _ Title 23, Div. 3, Ch. 16 California Code of Regulations

Section 2644

(a) An owner or operator who is required, pursuant to section 2641 to establish a non- visual monitoring program, shall comply with the requirements of this section if a qualitative release detection method is used. Each qualitative release detection method, including interstitial monitors, shall have an independent third-party evaluation to certify accuracy and response time of the detection meth

.- .

....

. .

. Title 23, Div. 3, Ch. 16 California Code of Regulations

Section 2648(b)

(b) Ground water monitoring may be used as the sole release detection method of non- visual monitoring for existing underground conditions exist:

tanks only when all of the following

(2) Continuous monitoring devices or manual methods are used which are capable of detecting the presence of at least one-eighth of an inch of free product on top of the ground water in the monitoring wells. This capability shall be certified by an independent third party using an appropriate evaluation procedure. &ampk-&

IV. Memoranda


ewettstein

a. Agency-wide Regulations Reduction Action: To All Boards and Departments Chairs and Directors Cal/EPA Agency-wide Department Points of Contract from Senior Program Coordinator, Val F. Siebal


CalfEPA

c.lilornir Ewhollmew

M-Y 55s CqbitoI Mall Suik235 smallalhl. CA 95814 (916)445-3846 (916)445-6401 FAX

Scltcw.ls Rcacnoa control B o d

X E X O R A N D V X

J

To: All Boards and Departments Chairs and Directors Cal/EPA Agency-Wide Departmental Points of Contact

FROM: \u Val F. Siebal Senior Program Coordinator

DATE : January 8, 1996

SUBJECT: AGENCY-WIDE REQULATIOM REDUCTION ACTION P W

The attached 'Agency-Wide Regulation Reduction Action Plan' (the 'Plan') vas prepared to assist you in the expeditious repeal of those regulations identified by your Board/Office/Department, in response to the Governor's Executive Order W-127-5.

The Plan shall be used as guidance in your coordinated efforts to repeal regulations. consistent with California Rulemaking Law, I recognize the fact that the implementation of rulemaking procedures differ from agency-to-agency. Therefore, the Plan may need to be supplemented with additional information, as required by your respective Board/Office/Department.

reform effort shall be accomplished as expeditiously as possible.

Cal/EPA Agency-Wide Coordinator, at the'Air Resources Board, (916) 323-9610, if you have any questions regarding the implementation of this Plan.

you have any questions about this assignment.

Attachment

Although the Plan is

Nevertheless, smooth implementation of this regulatory

I suggest that you work closely with Artavia Edwards,

.. Please do not hesitate to call me at (916) 324-7584, if

0

. AGENCY-WIDE REGULATION REDUCTION ACTION PLAN .

PURPOSE

Thew guidelines ud procedures set forth the implementation of regulatory reform, by repealing those regulations which have been identitied by CaVEPA’s B o a r d d ~ ~ a r t m c n t s m suitable for repeal. In order to effectively and diiaently carry out this repeal process, this reduction plan shall be aaxmplished as expeditiously as possible through coordinated efforts, as specified in this documart.

.

CALIFORNIA RULEMAKINGLAW GOVERNING AUTHORl‘IY

‘ ~ R C # U M O M d R ~ ” ~ C o d c ( G C ) ~ * w ~ P m a d n A q c h 4 l h 7 3 . 5 ” ~ . . 1134040-1135P.d

OLTw dMn&kb&eLn(OAL.)- Ti 1. Cdilhh codc dRcplllliar (a), scelimr 1 - 128. *

CAUEPA AGENCY-WIDE DEPARTMENTAL COORDINATIONlPOINTS OF CONTACT

M A A # a n p W & C : ............. . h h E d W d S , AirRaoucuBard ...... 323-%10 - - PhOneNumber A ~ ~ J D U I C U ~ a r d ..................... Victoria Davis ..................... .445-6426

IkpuhKnt dT& SU~IIUICUCUI~UI .......... Jim MeRitchie. .................... .327-1194 htqptdw~~~lrlnylrrnt~aud ............ Patty Zwarts.. ..................... .255-2203 OmcOotEnrirmnrnbl R d I I i m r d k c a n t .... Biu sooHoo.. .................... .322-0492 ~ w ~ ~ ~ ~ a r d ............ Ted Cobb.. ........................ .657-0406

IDENTIFY REGULATION REPEAL AS CHANGES ~ O U T R E G U T O R Y EFFECT

- ~ ~ ~ ~ I M I J o .............. S t m n M d . . .................... A454000

First, it is necesssly to identify those regulations which will be repealed through:

+ I . “Notice of P r o p o d Repeal” for changes with regulatory effect, (GC 01 1346.5); or +2. Submittal to the office of Administrative Law (OAL.) as ”Changes Without Regulatory

Efreq” (TMe I, CCK 8100).

Those regulations which have changes with regulatory c f k t may have already been identified during pnparation of the 19% Rulemaking Calendar.

NOTICE OF PROPOSED REPEAUCHANGES WITH REGULATORY EFFECX

Schedule notice of proposed action at the earliest practicable date. The attached OAL “1996 Notice Register Schedule“ is provided to assist you.

Prepare: 0 Notice ofPIoposed Action (GC 81 1346.5); 0 l[nitirl St.temaa of Reasons (GC 51 1346.2(a)); and 0 Propoocd Repyhtb Mer (GC 81 1346.20).

e you shall fiord all interested persons the opportunity to present statements, arguments, or contentions in writing. Additionally, a public hearing shall be held. if not later than 15 davs orior to the close of the written comment Deriod. a

-

0 duly ah0ri .A repr&entativ.e submits in &it& to the state agency, a request to hold a’public hearing. (GC $1 1346.8(a).)

. . 5, prepare Final Statement of Reasons (FSOR). summarizing any written comments received, and compile the Rulemaking File. for submittal to OAL for review. (GC 581 1346.9 & 11347.3)

. . statements arguments, or contentions, either oral or in writing, or both, shall be permitted. Prepare FSOR, summariring both oral and written comments received, and compile the Rulemaking File, for submittal to OAL for review.

TITLJC 1. CCR, 5100 SUBMllTAUCHANGES WITBOUT REGULATORY EFFECT

This method of filing may be used to delete those identified regulatory provisions, which are “Changes Without Regulatory Effect.” Under this regulation reduction plan, this option is applicable only for renumbering, reordering, or relocating a regulatory provision (I . CCR, §lOO(aXl). Prepare the followhg documents and transmit them through CaVEPA, to OAL.

Prepare: 0 Seven copies of the Final Regulation Order (1, CCR, §lOo((b)(l); = .Completed Form 40O/Facesheet (1,CCK §100@)(2); and p Written statemenflransmittal Memorandum justifyinB this change without

regulatory effect, by explaining why the change d a s not m a t d y alter any requirement, right, responsibility, condition, prescription or other regulatory element of any CCR provision (1, CCR, §lOO(b)(3)). An example is provided below.

The [name of BoardIORice‘Department] hereby requests that the following nonarbstantive changes without regualatory effect be made to Title [[#I, section(s).] California Code of Regulations (CCR), as indicated on the attached Face Sheet and accompanying regulation text.

Specifically, in response to the Governor’s Exrmtive Ords W-127-95, these regulations have been identified as suitable for repeal and, therefore, will provide regulatory reliefto affected businessedindustry.

The regulations identified in this request reflects the efforts of the impacted business and environme@ communities in providing regulatory relief, without materially altering any requirement, right, responsibility, condition, prescription or other regulatory element of any CCR provision. The revisions are therefore, “changes without regulatory effect.”

Thank you for your consideration in this matter. If you have any questions, please call [name of contact person] at [phone number].

Attachment

..,. . . . . NOTICE REGISTER SCEEDULE

1996

PUBLICATION DATE I ! ! !

JANUARY 2, 19 JANUARY 9, 19 JANUARY 16, 19 JANUARY 23, 19 JANUARY 30, 19

6, 19 - 13, 19 FEBmARY 20, 19 FEBRUARY 27, 19 W L R C H ' 5, 1 9 MhRa 12, 19 WLRCH 19, 1 9 WmCE 26, 19

'APRIL 2, 1 9 -*¶

APRIL 16, 1 9 23, 19 APRIL

APRIL MAY mY MlY MAY

J[QIE JULY JULY JULY JULY

' JULY AlxiIlsT A U m T

16 JANUARY 12, 19 I6 JANUARY 19, 19 16 JsmARY . 26, 19 I6 PmmARY 2, 19 I6 PmmARY 9, 19 I6 PmmARY 16, 19 16 23, 19 16 MLRCH 4, 1 9 16 lastcn 11, 19 16 lastcn 15, 19 16 Mima 22, 19 I6 lastcn .29, 1 9 I6 APRIL 5, 1 9 16 APRIL 12, 19 -9-9 16 APRIL 26, 1 9 I6 3, 1 9

10, 1 9 30. 1996 7; 1996

14, 1996 21, 1996 28, 1996

4, 1996 11, 1996 18,. 1996 25, 1996 2, 1996 9, 1996

16, 1996 23, 1996 30, 1996

6, 1996 13. 1996 ~~~~

UKiDST 20; 1996 AtJalsT 27, 1996 SE- 3, 1996 S- 10, 1996 SEpfEldBER 17, 1996

24, 1996

m 8, 1996 15, 1996

OCIoBgR 22, 1996 29, 1996

N m .5, 1996 N m 12, 1996 N m 19, 1996

26, 1996 - 3, 1996 a 10, 1996 D- 17, 1996 D- 24. 1996

m . 1, 1996

1pI lQLI rpiY lQLI lQLI JmE' JmE JmE JmE JULY JULY JULY JULY AUWST m S T AO(iOST

45-DAY URITTEN PERIOD

I6 FEBRUARY 26, 1 16 ximcn 5, 1 16 MARa 12, 1 I6 WLRCH 19, 1 I6 MARa 26, 1 16 APRIL 2, 1 16 APRIL 9, 1 I6 APRIL 18, 1 16 APRIL 25, 1 I6 APRIL 29, 1 16 mu 6, 1 16 MAY 13, 1 I6 mY 20, 1 16 mu 28; 1 t--* 16 ' J w l E 10, 1 )6 JwlE 17, 1 16 JwlE 24. 1

17; 1996 24, 1996 31, 1996 7, 1996

14, 1996 21, 1996 28. 1996 . ~.

5, 1996 12, 1996 19. 1996 26; 1996 2, 1996 9, 1996

16, 1996 23, 1996 30. 1996 _ ~ . ~ . . - 6, 1996

S- 13, 1996 S- 20, 1996 - 27, 1996 OCTOBER 4, 1996 OCTOBER 11, 1996 OCTOBER 18, 1996 OCTOBER 25, 1996

1, 1996 N m 8, 1996 N m 15, 1996 N m 22, 1996 DEcEIdeER 2, 1996 DE- 6, 1996 D- 13, 1996 DEccBdBBR 20, 1996

27, 1996 JluumRx 3. 1997

9 9 9 9 9 9 9 9 9 9 #9 .f 9 9 1 9 9 9

196 196 196 196 196 196 196 196 196 196 196 196 196 196 19-- 196 196 196

JULY 1, 1996 JULY 8, 1996 JULY 15, 1996 JULY 22, 1996 JULY 29, 1996

5, 1996 m S T 12, 1996 A U m T 19, 1996 UlWST 26, 1996

3, 1996 SE- 9, 1996 7 16, 1996 7 23, 1996

. 30, 1996 OCmBER 7, 1996 OCTOIMR 15. 1996

21; 1996 28, 1996

4, 1996 12, 1996 18, 1996 25, 1996 2, 1996 9, 1996

16, 1996 23, 1996 30, 1996

6, 1997 16, 1997 21, 1997 27, 1997

3, 1997 10, 1997 18. 1997

CALIFORNIA E " M E N T A L PROTECTION AGENCY AirRaovrocrBoud

Depulmmt ObPwlicii Reguhlion Dcpu(mcnt ofT& Su- Conlml

h t c g l a l e d ~ l B o u d oniocofEJlvimMwnl.lwuI~Arrrmml

SI8k wain Rawma Contml Boud

SCHEDULE FOR REGULATION REDUCllON ACTION PLAN

Pre-Hearing Notice Activities (already achieved): +Regulation identified as obsolete or no longer necessary. +Workshops conducted to discuss elimination of identified regulations.

Informal invitation for ideas or sugge&ons !+om those that may be affected by the regulation reduction action. This important step ensures meaningful public participation.

-FORMAL PUBLIC REVIEW (Changes With Regulatory Effect)

+Prepare: Text of Proposed Regulation + Notice of Proposed Action -+

Formal Public Review: +Submit to O K for Formal 45-day publication. (See OAL 1996 Notice Register Schedule) +Review and summarize 45-day comments, upon receipt. +Staff proposed regulation modifications in response to comments (iapplicable). +Formal public hearing held (if applicable). +Consider oral testimony and prepare response to comments (if applicable).

Modifications to regulations at hearinghued on public comment: + l5day availability of modified regulations (iiapplicable) +Review and summarize 15-day comments upon receipt.

Compilation of Rulemaking Record: +Summarize and respond to all written and oral testimony (objectiodrmnuncndations). +Update information contained in the ISOR in the Final Statement ofRcasons (FSOR). -+Compile rulemaking proceeding by compiling all data and factual information relied upon.

Initial Statement of Reasons (ISOR)

J A complete rulemaking record may contain the following items, as applicable: OALFm?c.Slwa. Fvul Rcguhlion (kda CbringCaciGucmnlDcc lanlion Illddrabkofcmmtr upd.(odInfm.lircDigca b d v s (kda R a O l U h Fvvl ShkllmllofRannr Notice ofDscidon uid Response lo Signibunt Envimnmcnbl Issues F i d Impact Str(nnar1 Public Haring N o h ud M G u t i o n of Mailing. Initial Strtnunt of Rsumr for RDpoood Ruknulong, Including hbll Tnct of RDpoood Reguhbm Hcuing Tnnrcipc copia of slidc Ramwial Cluxd) W n k Canmcnb Received During ths 4 5 - h y NWcr Paicd NotiaofAvdabiliIydkbdiGcd Ta(IS-D.yNocicc) Writkn Cmunmb Rosciwod I)uring the 1 5-D.y CmMCnt P d Dosumcnbinmrpm*dbyRccaclrc Rctaara

. . +Forward to Val Siebal, Senior Program Coordinator, for CaVEPA review. +Record returned to BoardOffidepartment for submittal to OAL. +Fie for reviewwith OAL. 0 I -TITLE 1. CCR, pl00 SUBMIlTWCHANCES WlTEOUT I I

- - REGULATORY EFFECT J

+Prepare: Seven copies of the Final Regulation Order. +Completed Form 4oo/Facesheet. +Written statemenVhnsmittal Memorandum, justifying this change. +Forward to Val Siebal, for CallEPA review. +Record returned to BoardOfficelDepartment for submittal to OAL. +File for review with OAL.

0

b. Rulemaking Calendar - 1996: To Jesse Diaz, DWQ, Roger Johnson, DWR, David Holtry, CWP, Sandy Malos, CWP, Barbara Wightman, CWP, Ted Cobb, OCC, Tim Stevens, DWQ, Kathy Harder, CWP, Patricia Meroney, DWR, and Liz Haven, CWP from Jorge A. Leon, Staff Counsel of the Office of Chief Counsel, dated January 22, 1996

=Index to Rulemaking Pile Underground Storage Tank Regulations Title 23, waters Division 3, Water Resources Control Board Chapter 16, Underground storage Tank Regulations

st'ate of C;liforma

M e m o r a n d u m

F m :

Subject:

0

Jesse Diaz, DWQ John Norton, DWQ Roger Johnson, DWR David Holtry, CWP Sandy Malos, CWP Barbara Wightman, CWP Ted Cobb, OCC Tim Stevens, DWQ Kathy Harder, CWP Patricia Meroney, DWR Liz Haven, CWP

Date: JAN 2 2 19w

0 Jode A. Le6n sdhior Staff Counsel OFFICE OF M E CHIEF COUNSEL STATE WATER RESOURCES CONTROL BOARD 901 P S t ree t , Sacramento, CA 95814 M a i l Code G-8

RULEMAKING CALENDAR--1996

At our meeting of Wednesday, January 10, 1996, I agreed to distribute copies of a memo that generally describes the rulemaking timelines for substantive amendments and repeals. A copy is attached.

I also agreed to provide copies of an Office of Administrative Law publication, "California Rulemaking Law" to all SWRCB contact persons. The newest version of the document, which includes revisions to the law, is due out on February 1, 1996. Copies have been ordered and will be distributed as soon as we receive them.

Thank you all for providing the information 1,needed to prepare the 1996 Rulemaking Calendar. Attached is a copy for your use.

Attachments

I .

Memorandum

To: Bill Attwater

From: Jorge Leon

RE: Rulemaking Process

July 26. 1995

You asked for an outline of timing requirements t o r adoption of non-emergency regulations. Theoretically, viewing the slatuior..' time requirements only, a proposea regulation can e.o r r n n ~ issuance of notice to liiinp witn CJAL in lour montns. Many r'actors, however, extena tnat period to an average ot nine months. These factors include staff experience with regulations. unanticipated comments. and unanticipated modifications requiring more notice.

The time periods marked with an asterisk are statutory time periods. Others are m i n i m time periods based on experience. Also, the following timetable does not take into account the significant in-house preparation work that goes into the development of a regulation.

TIME PERIOD FWdUIRWENT

10 days* prior California Notice Register Submittal to desired to include: publication date Form 400

45 days* prior Notice of Action & Hearing to include: to close of Informative Digest public comment Economic Impact Determination [the 10- and 45-day Best Alternative Determination periods can run Deadline for Receipt of Comments concurrently)

a Initial Statement of Reasons

15 days

15 days*

90 days* a 10 days

Preparation of staff responses to comments for discussion at hearing. Can be less in simple cases, more in complex matters with numerous comments.

If there are substantive changes following receipt of comments, 15 days notice must be provided for further comments. If substantial comments are anticipated, more should be allowed to allow staff to respond.

Notice of Adoption Hearing. This period can overlap with the previous time period.

Preparation of Rulemaking File for submittal to OAL. Requires of addition of Final Statement of'Reasons, Final Best Alternative

3 days*

30 days*

30 days*

determination. and Updated Informative Digest. Again, time depends on size of file. complexity of matter.

Initial Review by OAL for minimal requirements. If critical elements are missing. OAL will return File immediately.

OAL Review. If not acted upon within 30 days, action is deemed approved.

Action becomes effective 30 days after filing with the Secretary of State.

0

, CONTROL BOARD ING CALENDAR

STATE WATER RES0 1996 PROPOSED R

I 11 ' 11 11 Notics 11 Hearing I Adoption I To OAL 11 Major I Regulation

0 1 .

II I II and or Statute II h Phone Number Chapter Number Contact Person Subject Projected Dates For:

-1 - Schedule A

5 25281 Health & Safety Code; SB 1764

Schedule B

5 13172 Water Code AB 1220

Dee Dee Fiedler UNDERGROUND STORAGE TANKS (916) 227-4701 CLEANUP FUND. Revises several

sections of the Cleanup Fund Regulations to conform with legislative amendments. (Title 23,.Art. 4, §§ 2810 & 2811)

Liz Haven DISCHARGES OF WASTE TO LAND. (916) 227-4395 'Revises regulations known as

"Chapter 15" relating to landfills to comply with federal requirements & to remove overlap of authority between Integrated Waste Management Board and State Water Resources Control Board. (Title 23, 5 2510 et seq.)

5 5 13395, Sandy Malos

Water Code 13970, 13985 (916) 227-4457

§ § 13400. Sandv Malos i39m (e) ; 13976 Id), 13991 (d) Water Code

(mi 227-4457

CLEAN WATER GRANTS PROGRAM. Repeals all regulations concerning Clean Water Grants Program. (Title 23, §§ 3610-3663)

LOANS TO PUBLIC AGENCIES. Repeals all regulations concernins loans to Dublic

4/95 e&J5 stss * 11/95 4/96 5/96

7/96 9/96

4/96 6/96

4/96 6/96

11/96 12/96 X

7/96 8/96

7/96 8/96

- - agencies. (Title 23, §§ 3580-3598)

Page 1 of 4

Chapter Number and or Statute

5 5 13203, 185 , 1058 water Code

Contact Parson subject Projactad Datee For: & Phone Nunbar

Adoption TO OAL , Major Regulation

5 5 11120 et seq., GOv't Code ;

Water Code §§ 185, 1058

5 13320 Water Code

5 5 1 7 4 , 1 8 3 , 2 7 5 . 1075, 1080 , 1100, 1105 , 1250, 1251 , 1252 , 1260 , 1342 wate; code

Ted Cobb GENERAL PROVISIONS. 4 /96 (916) 657-0406 Repeals regulations concerning

definitions, purpose, w e , & effect of regulations. (Title 2 3 , § S 6 4 0 - 6 4 0 . 1 )

Ted Cobb RULES OF PRACTICE AND 4 /96 (916) 657-0406 PROCEDURE. Repeals regulations

concerning Board meetings,. adjudicatory proceedings, rulemaking, & subpoenas. (Title 2 3 , §B 6 4 7 - 6 4 9 . 6 )

Ted Cobb REVIEW BY STATE BOARD OF ACTION 4/96 (916) 657-0406 OR FAILURE TO ACT BY A REGIONAL

BOARD. Repeals regulations concerning consolidation and notice. (Title 2 3 , § S 2054, 2055, & 2068)

Patricia Meroney APPROPRIATION OF WATER. 4 /96 . (916) 657-1868 Repeals regulations concerning

application and beneficial use . assessment, special situation applications, investigations, hearings, temporary changes, changes in ownership, revocation of permits and licenses, and prevention of waste and unreasonable use. (Title 2 3 . S S 705 . 706 . 7 0 7 .

6 /96 7 /96 8/96

6/96

6 /96

7 /96 8/96

7 /96 8 /96

6 /96 7 /96 8/96

. - - i o s , 709, n o , 7 i i , 736 , 7 3 i . 738 , 739 , 755 , 756 , 760 , 761 , 762 , 763 . 764 , 7 6 4 . 1 2 , 7 6 4 . 1 3 , 7 6 4 . 1 4 . 765 , 766 , 767 , 771 , 830 , 831 , 832 , 833 , 834 , 835 , 836 , 851 , 852 , 860)

Page 2 of 4

Projmctmd Datee For:

Major Regulation

E§ 1051. 1225, 1226, 1226.1 Water Code

§ § 183, 1051, 2650 Water Code

E§ 13283, 13300 Water Code

5 5 185, 1058, 13169 Water Code

26 USC 0 169; 40 CFR 5 20; 15 USC § 636; 40 CFR § 21

.x

4 1 8 5 , 1058 Water Code

Patricia Meroney (916) 657-1868


John Norton (916) 657-0522

John Norton (916) 657-0522

John Norton (916) 657-0522

Barbara Wightman (916) 227-4318

WATER RIGHTS FOR STOCKPONDS. Repeals regulations concerning water rights for stockponds. (Title 23, §I 880-906)

DETERMINATION OF RIGHT To THE USE OF WATER. Repeals regulations concerning definitions, other applicable regulations, h inspection of records. (Title 23, §§ 940, 950, & 951)

Repeals regulations concerning cease h desist orders h threatened violations of time schedules. (Title 23, §§ 2240 & 3242)

ENFORCEMENT PROCEDURES.

LICENSING & REGULATION OF USE OF OIL SPILL CLEANUP AGENTS. Repeals regulations concerning licensing & regulation of use of oil spill cleanup agents. (Title 23, 5 s 2300-2336)

CERTIFICATIONS. Repeals . regulations concerning application for h issuance of certifications. (Title 23, §§ 3841-3852)

UNDERGROUND TANK REGULATIONS. Repeals appendices concerning underground tanks. (Title 23, Div. 3, Ch. 16, Art. 10)

6/96 7/96 8/96

6/96 7/96 8/96

4/96 6/96 1/96 8/96

4/96

4/96

4/96

4/96

4/96

6/96 7/96 8/96

6/96

6/96

7/96 8/96

7/96 8/96

Page 3 of 4

- Chapter Number Contact Peraon and or Statute & Phone Number

§§ 13626, 13627 Water Code

subject Projected Datea For:

Major Regulation

33 USC 5 1341

Kathv Harter CLASSIFICATION OF WASTEWATER 3/96 6/96 7/96 8/96 ~. (916j 227-9567 TREATMENT PLANTS AND AGENCY

CERTIFICATION OF OPERATORS AND CONTRACTOR OPERATOR REGISTRATION. Amends regulations to provide for certification of wastewater treatment plant operators at advanced treatment levels. (Title 23, Chapter 26)

Tim Stevens CERTIFICATIONS. Amends 8/96 (916) 657-1022 existing regulations regarding

certifications to add clarifying language. Amends regulations relating to Water Quality Certification to provide for action on applications by Regional Board Executive Officers. (Title 23, Div. 3, Ch. 28)

10/96 12/96 2/97

Page 4 of 4

c. Project: Regulations Reduction: To Jorge Leon, Senior Staff Counsel of the Office of Chief, Counsel from Barbara Wightman, Regulations Coordinator of the UST Program, dated February 29, 1996

=Index to Rulemaking Pile Underground Storage Tank Regulations Title 23, Waters Division 3, Water ReSources Control Board Chapter 16, Wdergmund Storage Tank Regulations

. . SI& of California

To: Jorge Le6n Senior Staff Counsel Office of the Chief Counsel

From:

Subject:

0

Date: Febniary 29, 1996

Division of Clean Water P r o m s State Water Resources Cont& Board 2014 T Street, Sacramento, CA 95814 Mail Code G-8

PROJECT REGULATIONS REDUCTION

Here is my Form 400 to go along with my regs package.

Let me know if you need me to make changes before we send to OAL..

Thank you for all your help and for the copy of OAL's checklist. It has always saved the day for me.

(a hlMNdOl2¶ On S A T E OF ULlKIINUcQFKE OF MUWyIsTRITk€ LAW

NDTICE PUBLlCATlONlREGULATlONS SUBMISSION . mvv&)

1. SUBIECTOFNOTCE

a NOTEE TYPE Nowe re Proposed

Other R e q ~ h t o r V Acllon

For use by Snaetaq of Slate only

N O FIRSTSECTm AFFECTED 2 REWESTED PUBLEATYlN DATE

4. AGENCY CONTACTPERSON TELE?tuxE w M a m

. ~ I C E R E O I S T ~ ~ S E R , . . . _ . . _ . .. . . . . 0.””””” . - . .- Uodilmd Hhd,-- : : .:,

Emergency (GW. Code. (Cal. Code Fags.. tiUe 1.5 100) . .. 0 5 11346.1(b)) Changes Without Regulaby Effect 0 Resubminal Regular Rulemaking (Gov. 0 Code, 5 11346)

PUBUUTIONOAl€- u” .. ’“ _ _ . .. * ~. ‘.,”.* . . . . . . . . . ..I. .

Cemfiute of Compliance: ?he agency officer named below certifies that mis agency complied wim the provrsionr of GOVement Code 55 11346.4 - 11346 8 0 ’ prior 0. cf within 120 days of, lhe effecbve dab of lhe regulations AsIed above.

SECTIONS AFFECTED

TITLEIS1

ADOPT

N/A AMEND

REPEM IL-’ h\ Title 23; Division 3, CH 16 2635(d); 2636 (c)(2); 2643(a); 2643(f)(t);

Appendices 111, IV, & V

7. I certify that the attached copy of the raguiation(s) Is a true and correcf copy of the reguiatlon(s) l&ntifled on this form, that the information specifled on this form Is true and correct, and that lam the head of the agency taking this action, ora designee o f the haad o f the agency, and am authorkad to make fhls cartlflm?lon.

S OFAGENCY HWORDESWEE * DATE

nPED N U E #NO T I l U OF SIGNATORY

I CONTACT PERSON

Barbara Wightman TELEPHOM NUMBER 227-4318

: - N € O F C U ~ U

YOflCE PUBUCATlONlREGULATlONS SUBMISSION

m.a4 (REV. 7- I RMRSE) . INSTRUCTIONS FOR PUBLICATION OF NOTICE

AND SUBMISSION OF-REGULATIONS

The revised form STD. 400 replaces form STD. 398 (REV. 3/85) (Face S W for Wing Notice of Proposed Regulatory Action in the California Adminismalive Notice Register) and form STD. 4M) (REV. 8/85) (Face Sheet for Fding Ahinismrive ReguIafions with theOfficeofAdministrativeLaw). Use thenewformSTD.400forsubmi~gnoti~forpubli~onandregulationsforOffce of Administrative Law (OAL) review.

ALL FILINGS Enter the agency name and agency file number, if any.

NOTICES Complete Pan A when submitting a notice to OAL for publication in the California Regulatory Notice Register. Submit two (2) copiesoftheSTD.400with four(4)copiesofthenoriceand. if a notice of proposed regulatory action, one copy each of the. complete lextof the regulations. the statement of reasons and a Listofsmallbusinessestowhomthenotice wil1bemailed.ifany. If the notice is approved, OAL will retum the STD. 400 with a copy of the notice and will check "Approved as Submitted" or "Approved as Modified" and place a number in the box marked "Notice File Number.' If the notice is disapproved or withdrawn, that will also be indicated in the space marked "Action onProposedNotice." Pleasesubmit anew form STD.400 when resubmitting the notice.

REGULATIONS When submitting regulations to OAL for review, fill out STD. 400.PartB. Use the form thatwaspreviously submitted with the notice ofproposed regulatory action which contains the "Notice File Number" assigned, or, if a new STJ3.400 is used, please include the previously assigned number in the box marked "NoticeFileNumber." In fillingoutParIB.besure tocomplete the certification including the date signed, the Me and typed name of thesignatory. The following must be submitted when filing regulations: seven (7) copies of the regulations with a copy of the STD. 400 attached to the front of each (one copy must bear an original signature on the certification) and the complete rulemaking file with index and sworn statement. (See Government Code 5 11347.3 for rulemaking file contents.)

RESUBMITTAL OF DISAPPROVED OR WITHDRAWN REGULATIONS When resubmitting previously disapproved or wilhdraA.regulations to OAL for review, use a new STD. 00 and fill out Part B, including the signed certification. Enter the number of the previously disapproved or withdrawn filing in the box marked

'ReviousRegdato~y ActionNumbef atthetopofthe formand submit seven (7) copies of the regulation to OAL with a copy of t h e S ~ . 4 0 0 a u a c h e d m t h e h o n t o f ~ h ( o n e c o p y m u s r ~ an original signature on the cenificarion). Be SUR to include an index, swm statement, and (if retuned to the agency) the complete rulemaking file. (See Government Code 5 5 11349.4 and 113473 formorespecific nqukrnenll.)

EMERGENCY REGULATIONS Fill out only Pan B. including the signed cenification, and submit seven (7) copies of the regulations with a copy of thc STD. 400 auached to the front of each (one copy must bear an original s i g n a m on the certification): (See Government Codc 5 11346.1 for other nquiremenrs.)

NOTICE FOLLOWING EMERGENCY ACTION When submiuinga notiec ofpmposed regulatoryaction afruan emergmy ffig.nseanew Sm.400 and completePan A only. Please inscrt the OAL number for the original emergency filing in the box marked -Emergency Number" at the lop of the form. OAL will retum the S'ID. 400 with the notice upon approval or disapproval. If the notice is disapproved. pleare fill out a new form when resubmitting for publicdon.

CERTIFICATE OF COMPLIANCE When fding the certificate of compliance for emergency regu- hions.filloutPanB ontheform rbatwaspreviouslysubmitied with thenotice,or,ifanewS'ID.400isused,pleareincludethe previously assigned numbers in the boxes marked 'Notice File Number" and "EmergwcyNumber." Themalerials indicatedin these instructions for "REGULATIONS" must also be submitted.

EMERGENCY REGULATIONS - READOPTION When subrniaing previously approved emergency regulations forreadoplion,uscanew STD.400 and filloutPm B, including the signed certification. and enter the OAL. number of the original emergency filing in the box marked 'Emergency Number" at the top of the form.

If you have any questions regarding this form or the procedure for fding notices or submitting regulations to OAL for review, please contact the Office of Adminismtive Law at (916) 323-6225 or ATSS 473-6225. 0

. , . . , . .. . . .. . . . .. . . . .. . .

V. State Water Resources Control Board - 1996 Rulemaking Calendar


STATE WATER RE@,,,, CONTROL BOARD 1996 PROPOSED RULEMAKING CALENDAR

Chapker NuuJaer Contact Person and or s t a t u t e I C Phone number

subjut

Schedule A

S 25281 Heal th G Safe ty Code: SB 1764

Schedule B

S 13172 Water Code AB 1220

SS 13395, 13970, 13985 Water Code

SS 13400. i i 9 6 z ( e ) 13976(d), 13991(d) Water Code

Dee Dee F i e d l e r (916) 227-4701

L i z Haven (916) 227-4395

Sandy Malos (916) 227-4457

Sandy Malos (916) 227-4457

UNDERGROUND STORAGE TANKS 4/95 11/95 4/96 5/96 CLEANUP FUND. Revises seve ra l sections of t h e Cleanup Fund Regulat ions t o conform wi th leg is la t ive amendments. ( T i t l e 23, A r t . 4, SS 2810 c 2811)

DISCHARGES OF WASTE TO LAND. 7/96 9/96 11/96 12/96 X Revises r egu la t ione known as "Chapter 15" relating t o l a n d f i l l s to comply with f e d e r a l requirements C t o remve ove r l ap of a u t h o r i t y between In t eg ra t ed Waste Management Board and State Water Resources Control Board. ( T i t l e 23, S 2510 et seq.)

CLEAN WATER GRANTS PROGRAM. 3/96 4/96 5/96 6/96 Repeals a l l r egu la t ions concerning Clean Water Grants Program. ( T i t l e 23, SS 3610-3663)

LOANS TO PUBLIC AGENCIES. 3/96 4/96 5/96 6/96 Repeals a l l r egu la t ions concerning loans t o pub l i c agencies . ( T i t l e 23, SS 3580-3598)

Page 1 of 4

SS 13203, 185, 1058 Water Coda

SS 11120 et meq., Gw't cod.; ss 185, 1058 W8ter Code

S 13320 Wator Code

SS 174, 183, 275. 1075,

1105, 1250. 1251, 1252, 1260, 1342 Wator Code

1080, 1100,

Ted Cobb (916) 657-0406

Ted Cobb (916) 657-0406

Ted Cobb (916) 657-0406

Patricia Neroney (916) 657-1868

GENERAL PROVISIONS. Repeals regulations concerning definition.. uurwso. une. C effect of regha2iono. (Title 23, SS 640-640.1)

RULES OF PRACTICE AND PROCEDURE. Repalm rogulationm concerning Board mooting., adiudicatorv Droceedinas. ruiruklng,- C- subpoena;. (Title 23, SS 647-649.6)

REVIEW BY STATE BOARD OF ACTION OR FAILURE TO ACT BY A REQIONAL BOARD. Repeals regulation. concerning consolidation and notice. (Title 23, SS 2054, 2055, C 2068)

APPROPRIATION OF WATER. Repeal. regulation. concerning application and beneficial use amsommment, mpecial mituntion applications, invemtigationm, hearings, temporary change., change. in ownernhip, revocation of permit. and licenses, and prevention of waste and unteamonable ume.

738; 739; 755; 756; 760; 761; 762. 763. 764, 764.12, 764.13, 764.14, 765, 766. 767. 771, 830, 831, 832, 833, 834. 835, 836, 851, 852, 860)

3/96 4/96 5/96 6/96

3/96 4/96 5/96 6/96

4/96 6/96 7/96 8/96

4/96 6/96 7/96 8/96

, !

Page 2 of 4

ss 1051, 1225, 1226, 1226.1 Water Code

SS 183, 1051, 2650 Water Code

SS 13283, 13300 Water Code

ss 185, 1058. 13169 Water Code

26 USC S 1691 40 CIR S 20; 15 USC S 6361 40 CFR S 21

SS 185, 1058 Water Code

Patricia Ueroney (916) 657-1868


John Norton (916) 657-0522

John Norton (916) 657-0522

John Norton (916) 657-0522

Barbara Wightman (916) 227-4318

WAT8R RIGHTS FOR STOCKPONDS. Remals reaulationm concernina

~

waier rights for mtockponds. (Title 23, SS 880-906)

DETERMINATION OF RIGHT TO THE US8 OF WATER. Ropealn regulationn concerning definition., other applicable regulations, C inmpection of recordn . (Title 23, SS 940, 950. C 951)

Repeals regulations concerning ceame C desist orders C

ENFORCEMENT PROCEDURES.

threatened violations of tima schedules. (Title 23, SS 2240 C 2242)

LIQNSING C R8GULATION OF US8 OF OIL SPILL CLEArmP AGENTS. Repeal. regulations concerning licenmina C reaulatlon of use of oil spill cieanup agents. (Title 23, SS 2300-2336)

CBRTIIICATIONS. €!apOals regulations concerning application for c imouance of certifications. (Title 23, SS 3841-3852)

UNDERGROUND TANK RSGULATIONS. Repoaln appendices concerning underground tanks. (Title 23, D i v . 3, Ch. 16, Art. 10)

_.

6/96 7/96 8/96

4/96 6/96 7/96 8/96

3/96 4/96 5/96 6/96

4/96

4/96

3/96

3/96

6/96 7/96 8/96

4/96

4/96

5/96 6/96

5/96 6/96

Page 3 of 4

0

SI 13626, 13627 Kathy Harter CLASSIFICATION OF WASTEWATER 3/96 6/96 7/96 8/96 Wator Cod. (916) 227-9567 TREATMENT PLANTS AND AGENCY

CERTIFICATION OF OPERATORS AND CONTRAmR OPERA- REGISTRATION. lkmandm regulation6 to provido for certification of wastowater treatnmnt plant operator. at advanced treatment lovelm. (Title 23, Chapter 26)

33 USc 1341 Tim Steven. CERTIFICATIONS. Amends 8/96 10/96 12/96 2/97 (916) 657-1022 existing regulation6 regarding

certification. to add clarifying language. Amend6 regulation. relating to Water Quality Certification to provide for action on application6 by Regional Board Executive officer.. (Title 23, Div. 3, Ch. 28)

Page 4 of 4

VI. L i s t of Contacts


0

STATUTE CONTACT SUBJECT c?+L

NTC HRNG ADPT. TO OAL. MAJOR?

Sandy Maloe CLEAN WATER GRANTS PROGRAM S/fb, p/ll,@b, @ (916)227-4457 Repeals all regulations

concerning CWGP except Review of Action of Division provisions (Title 23, Sections 3610-3651 and 3659-3663)

Sandy Malos 99161227-4457. Repeale all regulations con-

LOANS TO PUBLIC AGENCIES

cerning Loans to Public Agencies (Title 23, Sections 3580-3598)

Ted Cobb? GENERAL PROVISIONS Repeale regulations concerning definitions and purpose, use and effect of regulations (Title 23, Sections 640-640.1)

RULES OF PRACTICE AND PROCEDURE Repeals regulations concerning Board Meetings, Adjudicatory Proceedings Rulemaking and Subpoenas. (Title 23, Sections 647-649.6)

REVIEW BY STATE BOARD OF ACTION OR FAILURE TO ACT BY A REGIONAL BOARD Repeals regulations concerning consolidation and notice. (Title 23. Sections 2054,2055,& 2068)

Ted Cobb?

Ted Cobby

Andy Sawyer! APPROPRIATION OF WATER Repeals regulations concerning application and beneficial use assessment. special situation applications. investigations, hearings, temporary changes, changes in ownerehip, revocation of permits and licenses, and prevention of waste and unreasonable use. (Title 23. Sections 705. .... 860)

1996 Underground Storage Tank Regulations Title 23, Waters · PDF file1996 Index to Rulemaking...

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Transcript of 1996 Underground Storage Tank Regulations Title 23, Waters · PDF file1996 Index to Rulemaking...