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San Joaquin County MEP Variance HHWVAR010202 Page 2 Federal regulatory provisions under which authority this variance is possible. The collection of HHW is not presently subject to regulation by the United States Environmental Protection Agency (U.S. EPA) pursuant to the Resource Conservation and Recovery Act (RCRA) of 1976, (42 U.S.C., Section 6901, et seq.). Section 261.4(b), Title 40 Code of Federal Regulations (CFR), excludes household hazardous waste from regulation. Description of activity for which the variance will be issued. The variance applicant will operate an MEP at the county transfer facility located at: San Joaquin County Transfer Facility, 2323 East Lovelace Road, Manteca. Reissuable household products that meet the requirements of the quality assurance program will be collected, stored, and reissued to the public. Offsite materials delivered to the MEP location will be packaged pursuant to federal Department of Transportation (DOT) regulations and transported per California Vehicle Code (CVC) and California Highway Patrol (CHP) regulations. The applicant will be the operator of the MEP and will assume all responsibility for the proper management of the materials. Materials that are not reissued within six months of receipt will be managed as hazardous waste and appropriately disposed of. III. SPECIFIC WAIVER. DTSC has determined that the applicant meets the requirements, as outlined in H&SC, Section 25143, for a waiver from specific statutory requirements as outlined in Sections II, III and IV of this variance. The specific findings and determinations made by DTSC are as follows: Authority for granting the variance pursuant to H&SC, Section 25143: The hazardous waste is solely a non-RCRA hazardous waste, or the hazardous waste management activity is subject to RCRA but has been granted a waiver or variance pursuant to Comprehensive Environmental Response, Compensation and Liability Act, or is not otherwise regulated pursuant to RCRA. Based on the review of the evidence provided by the applicant, DTSC finds the hazardous waste or the hazardous waste management activity is insignificant or unimportant as a potential hazard to human health and safety and the environment. It has also been determined that the packaging, labeling and placarding of the hazardous waste and the transportation on the highways are adequately regulated and enforced by the U.S. EPA, federal DOT, CHP, and the Department of Motor Vehicles.