Adopted Regulations – 2023

Hazardous Waste Facility Permit Appeals (Emergency)

The California Board of Environmental Safety has approved changes to Title 22 of the California Code of Regulations. Those regulations were approved by the Office of Administrative Law and filed with the Secretary of State on May 1, 2023. The regulations repealed sections 66271.15 and 66271.18 of article 1 of chapter 21 of division 4.5 of title 22 of the California Code of Regulations and added new sections 66271.71 and 66271.72 in article 4 of chapter 21 of division 4.5 of title 22. An addendum of the notice of proposed emergency rulemaking, a notice of proposed emergency rulemaking, proposed regulatory text amendments, and companion documents are provided below. The Board approved these matters at its meeting at 9:00 am on March 23, 2023 at the San Diego City Council Chambers, 202 C Street, 12th Floor, San Diego, CA 92101. The Board repealed Standing Orders 23-01 and 23-02 and adopted new Standing Orders 24-01 and 24-02 at its meeting on August 28, 2024.

Rules for Conduct of Public Hearings

• Standing Order 24-02 Rules for Conduct of Public Hearings – NEW
• Adopted by Board of Environmental Safety: August 28, 2024

Appeal Forms

• Appeal Form BES 2301 and Form BES 2302
• Approved by Board of Environmental Safety: March 23, 2023

The Board’s Approach to CEQA Under the Permit Appeals Process

The Board’s May 1, 2023, emergency rulemaking resulted from an extensive process of outreach to a range of stakeholders over the course of several months, with three workshops focused on issues addressed by the permit appeals process, and four board meetings where policy matters implicated by the permit appeals process were considered. After receiving input from stakeholders and weighing the costs and benefits of different policy choices, the Board of Environmental Safety decided to craft a permit appeals process with a focus on issues raised pursuant to hazardous waste laws and regulations. In particular, the Board was concerned that additional staffing and resources would be needed for the Board to effectively hear and decide issues raised pursuant to the California Environmental Quality Act (CEQA). Therefore, in light of these current limitations, and because all but one of the board members serve in a part-time capacity, the permit appeals process does not presently encompass decisions made by DTSC’s Permitting Division pursuant to CEQA. However, the Board may consider changes to its permit appeals process in the future, and may revisit this and other policy choices at that time.