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STATE OF CALIFORNIA—ENVIRONMENTAL PROTEMN AGENCY PETE WILSON,norornor DEPARTMENT OF TOXIC SUBSTANCES CONTROL 400 P Street,4th Floor + P.G.Sox 806 Sacramento,CA 98812.0806 (916)323-SVI June 22. 1992 TO: INTERESTED PARTIES SUBJECT: DELAY OF PBR DEADLUM UNTIL JANUARY lo 1993 FOR FDCED TREATMENT UNIT FACILITY AND UNIT SPECIFIC NOTIFICATIONS On June 16, 1992, the Department adopted emergency regulations delaying the deadline for submission of the Permit by Rule (PBR) Facility and Unit Specific Notifications until January 1, 1993. The deadline Was extended in order to coordinate implementation of the PBA program with the new tiered permitting program discussed below. Specifically, theft regulations: Extend from August 1, 1992 to January 1, 1993 the due date for existing fixed treatment units(FI'US) to submit the Facility and Unit Specific Notifications (DTSC Forms W2A and B). Extend from October 1, 1992 to January 1, 1993 the duo date for providing liability coverage for accidental occurrences. Extend from February 1, 1993 to July 1, 1993 the date to complete conatruction to meet the secondary containment for tanks and containment systems and submit the appropriate certifications. Facilities unable to certify without new construction must include a schedule of compliance with the Facility, and Unit Specific Notifications (DTSC Forms B462A and B) which are now due on January 1, 1993. Provide that the annual PBR fee will be billed for any Facility and Unit Specific Notifications (DTSC Forms 8462A and B) that are submitted after August 1, 1992. Flossie note that Facility and Unit Specific Notification&(DTSC Forms W2A and B)submitted to the Department before August 1, 1992 will be considered to be;art of the 1992 permit by rule submissions and will not be assessed a new notification fee. However, these facilitilts will be required to submit an annual renewal notification on or before January 1, 1993. Facility and Unit Specific Notifications(DTSC forms W2A and B)submitted after August 1, 1992 will be considered submitted to satisfy the January 1, 1993 notification requirement and will be billed for the 1993 notification fee, Ressom for the delay: The Department is currently working with industry groups,environmental groups,and several legislators to establish a new 'tiered' permitting system in statute. Different activities requiring a hazardous waste facility permit would be regulated under one of several 'tiers' of permit. This multi-tiered permitting system will allow the Depa tmotit to more closely match the regulatory requtircmertts placed on a facility to the actual heard posed by that facility. As currently envisioned, the tiered permitting system would have levels of regulatory oversight ranging from the full federally equivalent hawdous waste facility permit to a 'do minimis' (small quantity linsignificant hazard) tier with greatly reduced regulatory requirements. Persons currently subject to the PBR program will be regulated under one of the tiers currently under discussion. However, because the negotiations with the Legislature over the tiered permitting bill are still proceeding, th^ Department does not know at this point whieb facilities will be regulated under which tier of the permi::',zg Program. n