California Department of Resources Recycling and Recovery (CalRecycle) 

Enforcement Advisory Council Meeting: June 6, 2006

Response to Resolution 2006-03

July 25, 2006

Mr. Bill Prinz
Chair, EAC
Solid Waste Local Enforcement Agency
Development Services Department
1010 Second Ave, Ste 600 MS 606L
San Diego, CA 92101-4998

Subject: Response to EAC Resolution 2006-03-Comments on Proposed Regulations Concerning Title 27, Subchapter 4, Article 6, Gas Monitoring and Control at Active and Closed Disposal Sites

Dear Mr. Prinz:

This letter is in response to Enforcement Advisory Council (EAC) Resolution 2006-03, dated June 7, 2006, which was passed at the June 6, 2006 EAC meeting.

This EAC resolution requests that the California Integrated Waste Management Board (CIWMB) consider the EAC’s comments on the proposed Active Disposal Site Gas Monitoring and Control regulations. Additionally, the EAC resolution requests that a technical advisory group be convened to address revising certain other regulations in Title 27, Sections 20918–20937 (Gas Monitoring and Control at Active and Closed Disposal Sites) as mentioned in last year’s EAC Resolution 2005-03.

First, I want to thank the EAC for participating on the previous technical advisory group and for continuing to provide vital technical input into the Board’s rulemaking process.

As correctly noted in this recent resolution, the current rulemaking has a narrow scope. It proposes to make minor changes to bring into line the active landfill gas monitoring and control regulations with the more detailed closed disposal site regulations. As we have discussed in prior meetings, the EAC’s comments on the draft regulations will certainly be analyzed during the formal rulemaking for these proposed regulations. I anticipate that the formal 45-day comment period will begin in August.

However, other comments that the EAC has provided in the attachment are beyond the scope of this rulemaking. In particular, the EAC points to its Resolution 2005-03, which requests that the CIWMB revise the regulations for gas monitoring and control in matters beyond the scope of this rulemaking, specifically with respect to trace-gas monitoring requirements. The EAC recommended reconvening a technical advisory group, separate from the current rulemaking, to analyze the basis for the request and identify requirements that need to be revised. While I understand the underlying concerns of this request, as you know CIWMB staff disagrees with the EAC regarding the request to remove the ability to monitor for trace gases as currently allowed in regulations. Nevertheless, I will bring this comment forward to the CIWMB’s Permitting and Enforcement Committee when we return to the Committee with an agenda item on the current rulemaking and seek its direction on whether or not to pursue this issue further.

The CIWMB will continue to work with the EAC to assure that the proposed regulations for gas monitoring and control at both active and closed disposal sites provide the optimum protection of public health, safety and the environment.

If you have any questions, please contact me at (916) 341-6311.


Original signed by

Howard Levenson, Ph.D.
Deputy Director
Permitting and Enforcement Division

Attachment: EAC Resolution 2006-02

cc: Enforcement Advisory Council Members
      Ben Gale, Chair, CCDEH Solid Waste Policy Committee
      Margo Reid Brown, Chair, CIWMB
      Jeffrey Danzinger, Member, CIWMB
      Rosalie Mulé, Member, CIWMB
      Cheryl Peace, Member, CIWMB
      Gary Petersen, Member, CIWMB
      Pat Wiggins, Member, CIWMB
      Julie Nauman, Chief Deputy Director, CIWMB
      Scott Walker, CIWMB
      John Bell, CIWMB
      Michael Wochnick, CIWMB
      Michael Bledsoe, CIWMB

Please note: Past meeting agendas and notes are retained for historical purposes. Over time, some information and links on these pages may become dated and/or inaccurate.

Last updated: September 27, 2006
Enforcement Advisory Council (EAC)
Leta Forland: (916) 341-6395