Proposed Regulations

Tire Hauler and Manifest

Description

Revised regulations to clarify waste tire hauler and manifest requirements.

Affected Regulatory Code Sections

California Code of Regulations, Title 14, Division 7, Chapter 6, Article 8.5 (commencing with section 18449).

Status

The Board adopted the revised regulations at its meeting on April 21, 2009. These proposed regulations were submitted to the Office of Administrative Law (OAL) on August 28, 2009. On October 20, 2009, staff received a disapproval letter for these regulations from OAL based on issues relative to “clarity, consistency, necessity, and referencing documentation." The rulemaking process allows the Board to make any necessary revisions using an additional public comment period, adopt the revisions, and resubmit the regulations package to OAL within 120 days. An additional comment period on the changes to the proposed text to address OAL's issues ran from December 28, 2009 through January 15, 2010. CalRecycle staff re-submitted the rulemaking file to OAL on February 26, 2010.

Contact

Cathy Blair

Stakeholder Input

Board staff assembled a March 13, 2008 workgroup to discuss informal draft regulation text.

Rulemaking Documents

Proposed Text, December 2009 (MS Word, 5 MB): Proposed regulatory text for the second15-day comment period.

Notice of Second 15-day Comment Period, December 22, 2009 (MS Word, 100 KB): Notice by the CIWMB about an additional comment period running from December 28, 2009 through January 15, 2010.

Proposed Text, January 2009 (MS Word, 211 KB): Proposed regulatory text for the 15-day comment period.

Notice of 15-day Comment Period, January 15, 2009 (MS Word, 100 KB): Notice by the CIWMB about an additional comment period running from January 20 through February 3, 2009.

Initial Statement of Reasons, August 2008 (amended October 2008) (MS Word, 151 KB): A statement of the specific purpose and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents are also noted here.

Notice of Proposed Rulemaking, October 2008 (MS Word, 116 KB): Information published in the California Regulatory Notice Register 45 days prior to the end of the public comment period, which references the proceedings, statutory authority, an informative digest describing existing laws, any mandates and the effect of the proposed action on small business.

Proposed Text, May 2008 (MS Word, 199 KB): Proposed regulatory text for 45-day notice.

More Information

None at this time.

Rulemaking History

On June 10, 2008, the Strategic Policy Development Committee directed staff to begin the formal rulemaking process. A 45-day public comment period on proposed text ran from October 3 through November 17, 2008. Board staff conducted a public hearing on December 8, 2008, to provide an additional opportunity to comment on the proposed regulations. On January 12, 2009, the Permitting and Compliance Committee directed staff to initiate an additional comment period for changes made to the proposed text in response to comments received. The comment period ran from January 20 through February 3, 2009.