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STATE OF CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY PETE WILSON,Governor DEPARTMENT OF TOXIC SUBSTANCES CONTROL 400 P Street.41h Floor aw Pit). Box 806 Sacramento.CA 95812-0806 6)323-5872 March 26, 1992 TO: INTERESTED PARTIES SUBJECT: DELAY OF DEADLINE FOR SUBMISSION OF PERMIT BY RULE FACILITY AND UNIT SPECIFIC NOTIFICATIONS The Department of Toxic Substances Control (Department) has adopted emergency regulations delaying the deadline for submission of the Fixed Treatment Unit (FTU) permit by rule (PBR) facility-specific and unit- specific notifications (Title 22, California Code of Regulations (CCR), section 67450.2(b)(2) and 67450.2(b)(3)(H), respectively. The emergency regulations make two changes to the PBR program: - These regulations establish an August 1, 1992 deadline for the submission of these notifications. - These regulations allow submission of a schedule of compliance in lieu of the container and/or tank system certifications when the facility must complete physical construction in order to be certified. The schedule of compliance must be submitted with the unit-specific notification on or before August 1, 1992 and must be signed by a person qualified under Title 22, CCR, section 66270.11 to sign permit application documents. The following information must be included in the schedule of compliance: 1. A concise explanation of why the facility cannot meet the certification requirements by the August 1, 1992 date for submission of the certifications. 2. A listing of the key actions the facility will take to meet the certification requirements including establishing design requirements, contracting for services, obtaining local permits necessary for construction, commencing and completing construction, obtaining certifications, and submitting those certifications to the Department. 3. A listing of the dates by which the key actions listed in number 2. above will be completed. Note that the schedule of compliance must specify that certifications will be submitted to the Department on or before February 1, 1993. Facilities unable to meet this date may apply for a variance from this requirement pursuant to Health and Safety Code section 25143. On the reverse side of this letter you will find a copy of the changes to the text of the regulation section affected by the emergency rulemaking, Title 22, CCR, section 67450.2. Changes to the previous regulation text are indicated by lined-out text (deletions from the previous text) and underlined text (additions to the previous text). Note that the emergency regulation affects only the submission of the FTU facility and unit-specific notifications and does not affect the Transportable Treatment Unit PBR program. If you have any questions about this rulemaking, please call the appropriate Department regional office or call this office at the number above. zi/``- 411liam F. Soo Hoo, Director A