2004 Rulemaking Calendar

1
2004 Rulemaking Calendar

• Board Agenda Item 29

2
Compilation of the 2004 Rulemaking Calendar

• Required to be submitted to OAL annually for
  publication
• Required by APA and Executive Order
• Lists the regulations to be developed and adopted
  in the coming year
• Compiled with input from regulations coordinators
  from each Board Division

3
Overview of 2004 Calendar

• 25 rulemaking packages listed
• 13 are carried over from 2003 calendar with
  revised projected dates
• 8 are new on this years Calendar
• (listed on page 29-3 of item)

4
Effect of Calendar

• The Board is not bound by the projected dates
• The Board may add new packages if they were not
  reasonably anticipated
• Emergency regulations need not be listed
• We have added a few to the Calendar in previous
  years

5
Executive Order S-02-03

• 11/17 180 day hold on regulations
• 11/20 DOF memo on exceptions
• 12/17 Report due underground regulations
• 2/15 Report due pending reg. Impact
• 2/15 - Report due past 5 yr. reg. Impact
• 5/15 End of 180 day hold period

6
Report of Underground Regulations

• Report on
• Does the Board have any?
• If so, stop enforcing them as such
• The Board does not have any underground
  regulations

7
Report on Pending Regulations

• Reassess the regulatory impact on business
  pursuant to APA standards
• the potential for adverse economic impact on
  California business enterprises and individuals,
  avoiding the imposition of unnecessary or
  unreasonable regulations or reporting,
  recordkeeping, or compliance requirements

8
Report on Regulations From Past 5 Years

• The impact on California Businesses
• The authority for the Regulations
• Necessity, authority, clarity, consistency,
  reference, and non-duplication of the regulations

9
Basis for Exceptions

• Actions that respond to urgent situations
  relating to health and safety
• Actions which if delayed 180 days might adversely
  impact the public health and safety
• Actions promulgated pursuant to statutory or
  judicial deadlines
• Any other situation that the Director determines
  requires immediate regulatory action to avoid a
  clearly adverse consequence to the public good
  such as to constitute an emergency

10
Exceptions Already Requested

• Emergency Regulations
• Waste Tire Haulers - Administrative Civil
  Penalties
• RPPC - Administrative Civil Penalties
• Statutory Deadline
• C D Disposal (Phase II)

11
Exceptions to be requestedFor expedited review,
not exemption from report

• ADC
• LF Closure Loan Program

12
Recent Clarification

• The Order by its terms applies to a review and
  reassessment of pending regulatory actions and
  completed regulatory actions. It does not apply
  to new regulatory actions commenced subsequent to
  November 17, 2003.

13
Board Direction to Formally Notice

• Landfill Permit Application
• LEA Staffing Requirement
• RMDZ Zone Designation
• Disposal Reporting System Revisions
• Conversion Technology
• RMDZ Loan Leveraging

14
Board Direction to Formally Notice Pending

• HHW Form 303
• Long-Term Violations
• E-Waste Administrative Provisions
• E-Waste Confidentiality Provisions
• Landfill Research, Development and Demonstration
• Permitting Requirements (AB 1497)

15
Other Regulations

• Compostable Materials Handling Phase II
• Clarify Permitting Requirements
• State Minimum Standards Revisions
• Hearing Panel Appeals
• RPPC Revisions
• Used Oil Program Revisions
• Conformance Findings
• Operator Certification