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Permitting and Enforcement Committee January 15. 1998 Agenda Item - Page ; Three of the regulatory exclusions are of particular concern to staff, i.e. Recycling Business, Indoor Storage and General Exclusion. Staff suspects that many of the facilities operating with these types of exclusions are not meeting the conditions for their regulatory exclusions. Without 24-hour surveillance and some yet undeveloped technology, however, staff is unable to verify compliance with the terms of the exclusions for any of these facilities. Staff became aware of this issue in the course of assisting local government in enforcement actions against some of these excluded facilities. These local enforcement actions were initiated as a result of documented environmental and public health problems. While sympathetic, staff is unable to provide much help to local government because these excluded facilities can operate without a state waste tire facility permit and without any requirement to comply with state minimum standards. The increasing use of the exclusion to avoid permitting and regulation coupled with known environmental and public health problems at some of these sites and staff's inability to enforce are the conditions that constitute a regulatory emergency. For this reason, staff has reconsidered the schedule for revising the waste tire regulations and is proposing a parallel track of emergency regulations. The draft proposal would strike language that creates the Recycling Business, Indoor Storage and General Exclusion from permitting and regulation. If the committee authorizes this effort the emergency regulations would become effective in March or April of 1998, and the final, more comprehensive final regulations nine to 12 months after that. The Board's legal staff has also discussed this situation with the legal staff at the Office of Administrative Law. The Board legal staff was informed that these regulatory changes may also be effected through a change without regulatory effect pursuant to California Code of Regulations ("CCR") Title 1, section 100. This option would be possible if the Office of Administrative Law made a finding that one of the conditions under section 100, as referenced above, are met. In 1997 the Committee authorized staff to begin the process for revision of the regulations for the hauling and storage of waste tires. Committee members may decide to: Recommend that the Board approve the attached draft emergency regulations for submission to the Office of Administrative Law (OAL). Is2. Recommend that the Board approve the draft emergency regulations for