Section 25141.2 Of Article 4. Listings From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 4.
25141.2
. (a) (1) Except as provided in paragraph (2), the
department shall not publish a notice of a proposal to adopt, amend,
or repeal regulations pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code)
pertaining to the criteria and guidelines for the identification of
hazardous waste or to management standards for special wastes until
the findings of the external scientific peer review entity convened
pursuant to Section 57004 have been issued and the department has
reviewed those findings.
(2) Notwithstanding any other provision of law, the department
shall not publish a notice of a proposal to adopt, amend, or repeal
the regulations specified in paragraph (1) before January 1, 1999.
(b) With respect to the regulations specified in subdivision (a),
the department shall submit for public comment its analysis of any
hazardous waste management activity to be exempted from this chapter
pursuant to subdivision (b) of Section 25150.6 and its demonstration
that the exemption satisfies the requirements of subdivision (c) of
Section 25150.6 on the earlier of the following dates:
(1) The date that the department issues its draft environmental
impact report on the proposed regulations.
(2) The date the department publishes its notice of proposed
regulatory action pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(c) Subdivision (b) does not prohibit the department from revising
its analysis or demonstration to respond to public comments before
the adoption of the regulations.
(d) The department shall, prior to adopting the final version of
any regulations specifying the criteria and guidelines for the
identification of hazardous waste pursuant to Section 25141 and
submitting the adopted regulations to the Office of Administrative
Law, do all of the following:
(1) Determine which aspects of the final version of the
regulations have been changed subsequent to an external scientific
peer review of the scientific basis and scientific portions of the
regulations as initially proposed and identify the scientific basis
and empirical data or other scientific findings, conclusions, and
assumptions upon which the changes are premised.
(2) Submit each change identified pursuant to paragraph (1),
together with all supporting scientific material, to external
scientific peer review pursuant to paragraph (1) of subdivision (d)
of Section 57004 if both of the following apply:
(A) The change is related to establishing a regulatory level,
standard, or other requirement for the protection of public health,
safety, or the environment.
(B) The change is not directly related to, and is not a response
to, the findings of the external scientific peer review of the
regulations as initially proposed.
(3) Comply with the requirements of paragraph (2) of subdivision
(d) of Section 57004.
(e) (1) The department may utilize the CalTox model and the
criteria and guidelines for the identification of hazardous waste, if
the criteria and guidelines have been adopted pursuant to the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), to generate new values for soluble
constituents.
(2) Notwithstanding paragraph (1), the department shall not amend
or repeal the regulations adopted pursuant to this chapter that are
in effect on the effective date of the act adding this section during
the 1997-98 Regular Session, with respect to the testing procedure
employed to measure solubility or with respect to the regulatory
thresholds measured by that testing procedure until an external
scientific peer review entity convened pursuant to Section 57004
makes the following finding:
(A) The new proposed testing procedure for solubility is based on
sound scientific knowledge, methods, and practices and will predict,
with a reasonable degree of accuracy, the long-term mobility in
landfill leachate of each hazardous constituent for which the
department has established by regulation a soluble threshold limit
concentration.
(B) For those hazardous constituents whose long-term mobility in
landfill leachate cannot be accurately measured by any testing
procedure that can be developed within a reasonable period of time,
the soluble threshold limit concentration can be adjusted in a
scientifically sound manner to compensate for the extent of
inaccuracy of the testing procedure for that constituent.
(3) In establishing revised total threshold limit concentrations
in any proposed regulations pertaining to the criteria and guidelines
for the identification of hazardous waste pursuant to Section 25141,
the department shall not base the total threshold limit
concentration for any hazardous constituent in whole, or in part, on
an assumption that when wastes are placed on or in the land outside
of a permitted disposal facility, those wastes will be mixed or
diluted, unless an external scientific peer review entity convened
pursuant to Section 57004 finds that the department has demonstrated,
in a sound scientific manner, that the assumption that dilution or
mixing will occur when the wastes are applied or disposed to land is
a reasonable representation of waste management practices in the
state, while taking into account reasonably foreseeable mismanagement
of wastes, and that these application or disposal practices do not
pose significant public health or environmental risks.