Rulemaking Update

Highlights of recent and pending action on proposed regulations are included below. Or go directly to the following sections for a summary of the current status of each package, which links to more detailed information and access to rulemaking documents.

• Recently approved by the Office of Administrative Law (OAL)
• Pending approval by OAL
• Public comments under Department review
• Open for formal public comment
• Approved for notice
• Available for informal public review
• Under development
• Concept stage

Highlights

• Closure, Postclosure Maintenance, and Financial Assurance Fee In response to the considerable number of comments received on these proposed regulations during October 2010, CalRecycle is postponing further development of this rulemaking until it has had adequate time to fully assess the comments received.
• Compostable Materials, Transfer Processing. CalRecycle held an informal workshop on March 27, 2012 to review regulatory issues and potential approaches (PDF, 236 KB) for future revisions to Title 14 and Title 27.
• Long-Term Postclosure Maintenance and Corrective Action Cost Estimates and Financial Assurance Demonstrations for Landfills (Phase 2). The Office of Administrative Law approved the regulations on April 9, 2010, and they became effective on July 1, 2010.
• Rigid Plastic Packaging Container Program. Per the Office of Administrative Law’s (OAL) Decision (PDF, 1 MB) and Notice of Disapproval (PDF, 286 KB) of the proposed revised Rigid Plastic Packaging Container (RPPC) regulations filed on February 10, 2012, staff is initiating a second 15-day public written comment period on the final changes to the proposed regulations. The second 15-day public written comment period begins on April 13, 2012, and ends April 30, 2012. Additionally, within the second 15-day public comment period, CalRecycle is providing the opportunity to review our complete rulemaking file, which will be available for viewing at our office. 
• Waste Tire Facility Enforcement. A 30-day informal public comment period will begin on February 7, 2011 and end on March 9, 2011. A workshop is scheduled for February 15, 2011 to discuss the proposed revisions to this draft regulation.
• Waste Tire Storage, Disposal, and Permitting. An informal 30-day comment period will run from June 15, 2011 through July 15, 2011.

Regulations recently approved by OAL

• Product Stewardship for Carpet
• Tire Hauler and Manifest
• Long-Term Postclosure Maintenance and Corrective Action Cost Estimates and Financial Assurance Demonstrations for Landfills (Phase 2)

Regulations pending approval by OAL

Public comments under Department review

• Conflict of Interest Code

Proposed regulations open for formal public comment

These proposed regulations are currently open in the public rulemaking process prescribed by the California Administrative Procedures Act and OAL regulations.

• Mandatory Commercial Recycling--Formal rulemaking being conducted by California Air Resources Board (ARB).
• Paint Stewardship and Recycling
• Rigid Plastic Packaging Container Program

Proposed regulations approved for notice

Regulations summarized below are approved for notice to initiate the rulemaking process; however, a public comment period has not been opened.

• None at this time.

Draft text of regulations available for informal public review

• Waste Tire Storage, Disposal, and Permitting
• Closure, Postclosure Maintenance, and Financial Assurance Fee

Draft text of regulations under development, not yet released for public comment

CalRecycle staff is developing the following proposed regulations. Interested parties may be involved in the development process.

• Compostable Materials, Transfer Processing
• Hearing Panel Appeals