Proposed Regulations – 2023

Fee Rate Setting (Emergency)

The California Board of Environmental Safety sets rates for certain DTSC fees on an annual basis. These include the Facility Fee, Generation and Handling Fee, and Environmental Fee. On August 17, 2023, a subcommittee of the Board recommended no change to existing fee rates for the 2023-24 fiscal year. The Board approved the subcommittee’s recommendation at its Board meeting on September 7, 2023.

Notice of Proposed Emergency Action 

The Board submitted this emergency rulemaking to the Office of Administrative Law (OAL) on September 20, 2023. OAL approved this rulemaking on September 28, 2023 and it was filed with the Secretary of State on September 28, 2023. The new regulations take effect on October 1, 2023.

New California Code of Regulations, Title 22, Sections 66269.3, 66269.4 and 66269.5

• APPROVAL 2023-0920-02E
• Approved by Board of Environmental Safety: September 7, 2023
• Date filed with the Office of Administrative Law: September 20, 2023
• Office of Administrative Law’s decision: September 28, 2023
• Date filed with the Secretary of State: September 28, 2023
• Effective Date of Regulation: October 1, 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 The regulations repealed sections 66271.15 and 66271.18 of article 1 of chapter 21 of division 4.5 of title 22 of the California Code of Regulations and added new sections 66271.71 and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.

Proposed Rules for Conduct of Public Hearings

• Standing Order 23-02 Rules for Conduct of Public Hearings
• Adopted by Board of Environmental Safety: March 23, 2023

Appeal Forms

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

Public Comments

Summaries of Verbal Comments Received at Workshops

• August 25, 2022
• September 28, 2022
• September 29, 2022
• October 20, 2022
• November 14, 2022
• November 15, 2022
• December 12, 2022

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

This 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.