25198.3
. (a) The secretary may enter into any cooperative agreement
which meets the requirements of this article.
(b) Each cooperative agreement shall include, but shall not be
limited to, all requirements determined to be necessary to meet the
requirements of subdivision (e) to do all of the following:
(1) Protect water quality, as determined by the State Water
Resources Control Board or the appropriate California regional water
quality control board.
(2) Protect air quality, as determined by the State Air Resources
Board or the appropriate air pollution control officer.
(3) Provide for proper management of hazardous materials and
hazardous wastes, as determined necessary by the Department of Toxic
Substances Control.
(4) In making these determinations, the state agencies shall
consider any applicable federal environmental and public health and
safety laws.
(c) A decision by the secretary whether to enter into a
cooperative agreement shall be based on a good faith determination
concerning whether a proposed cooperative agreement meets the
requirements of this article. The secretary shall take this action
within 130 days of a written request by the tribe that the secretary
approve a draft cooperative agreement. At least 60 days prior to
determining whether to enter into a cooperative agreement, the
secretary shall provide notice, and make available for public review
and comment, drafts of his or her proposed action and drafts of the
findings and determinations that are required by this section. The
secretary shall hold a public hearing in the affected area on the
proposed action within the time period for taking that action, as
specified in this section. Within 10 days after the close of the
public review and comment period, the agencies shall complete the
determinations required by this section and the secretary shall issue
a final decision.
(d) The findings and determinations of the secretary and relevant
agencies made pursuant to this section shall explain material
differences between state laws and regulations and the proposed
tribal or federal functionally equivalent provisions. The findings
and determinations do not need to explain each difference between the
state and tribal or federal requirements as long as they identify
and evaluate whether the material differences meet the requirements
of this article, including, but not limited to, providing at least as
much protection for public health and safety and the environment as
would the state requirements.
(e) Any cooperative agreement executed pursuant to this article
shall provide for regulation of the hazardous waste facility through
inclusion in the agreement of design, permitting, construction,
siting, operation, monitoring, inspection, closure, postclosure,
liability, enforcement, and other regulatory provisions applicable to
a hazardous waste facility, or which relate to any environmental
consequences that may be caused by facility construction or
operation, that are functionally equivalent to all of the following:
(1) Article 4 (commencing with Section 13260) of Chapter 4 of,
Chapter 5 (commencing with Section 13300) of, and Chapter 5.5
(commencing with Section 13370) of, Division 7 of the Water Code.
(2) Chapter 3 (commencing with Section 41700) of, Chapter 4
(commencing with Section 42300) of, and Chapter 5 (commencing with
Section 42700) of, Part 4 of, and Part 6 (commencing with Section
44300) of, Division 26.
(3) This chapter, Chapter 6.6 (commencing with Section 25249.5),
Chapter 6.8 (commencing with Section 25300), and Chapter 6.95
(commencing with Section 25500).
(4) All regulations adopted pursuant to the statutes specified in
this section.
(5) Any other provision of state environmental, public health, and
safety laws and regulations germane to the hazardous waste facility
proposed by the tribe.
(f) The tribal organizational structures or other means of
implementing the requirements specified in subdivision (e) are not
required to be the same as the state organizational structures or
means of implementing its system of regulation.
(g) Neither the approval of any cooperative agreement nor
amendments to the agreement, nor any determination of sufficiency
provided in Section 25198.5, shall constitute a "project" as defined
in Section 21065 of the Public Resources Code and shall not be
subject to review pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code).
(h) Each cooperative agreement shall provide for the incorporation
of the standards and requirements germane to the protection of the
environment, public health, and safety listed in subdivision (e), as
enacted, or as those provisions may be amended after January 1, 1992,
or after the effective date of any cooperative agreement, if those
standards and requirements meet both of the following requirements:
(1) The standards and requirements do not discriminate against a
tribe which has executed a cooperative agreement, or a lessee of the
tribe, and are applicable to, or not more stringent than, other rules
applicable to other similar or analogous facilities or operations
outside Indian country.
(2) Adequate notice and opportunity for comment on the
incorporation of new and amended standards or requirements are
provided to the tribe, facility owner, and operator to facilitate any
physical or operational changes in the facility in accordance with
state law.