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Permitting and Enforcement Committee Agenda Item- January 15, 1998 Page 4 submission to the Office of Administrative Law with specified changes. 3. Direct staff to submit the changes proposed in the form of a "Changes without Regulatory Effect", pursuant to CCR Title 1, section 100. 4. Direct staff to do additional research and return to the committee at a later date. 1 Staff recommends Option one (1). V. ANALYSIS Except as indicated above, waste tire storage facilities are required by statute to operate under the conditions of waste tire facility permits. In regulation, however, additional exclusions have been created which allow waste tire facilities not only to operate without a permit, but also to avoid the requirements of the state standards for safe tire storage. These regulatory exclusions were approved by OAL and became effective in 1993. Subsequently many waste tire storage facilities have applied for and have been granted these types of exclusions. New applications for exclusions continue to be received by staff. While investigating environmental and public health problems at some of these facilities staff became aware that the terms of some of the exclusions are virtually unenforceable. In order to revoke these types of exclusions staff would have to document over a period of three to five months not only the number of tires but also exactly which tires had moved through a particular facility. This being an impossible task, the exclusion, once issued, is difficult to revoke and the operator can act with impunity. Further, indoor storage facilities do not readily expose the dangers they may harbor because they are not open to a casual observer and do not raise the suspicions of the local regulators in order to forward complaints or concerns to the Board. If the regulatory exclusions were removed, entities currently holding those types of exclusions would need to apply for a waste tire facility permit. The vast majority of these types of facilities could be permitted as minor waste tire facilities in an expedited fashion; staff estimates that eight would be required to obtain a major waste tire facility permit including financial assurances for closure. Because of the abbreviated permitting process for minor facilities, the cost to the operators would be minimal. The benefit to the public would be the assurance that all waste tire storage facilities would be required to operate under the conditions of a permit and to meet the state minimum standards for safe tire storage.