Waste Tire Program Review and Informal Regulation Development Workshop May 3, 2010

1. Waste Tire Program Review and Informal Regulation Development Workshop May 3, 2010

2. Why we are here • To Discuss the Manifest Program and how we ensure QA/QC • To Provide Update on the Streamlined Penalty Program • To Solicit Input on Proposed Regulatory Changes to Expand Streamlined Penalty Program for Facility Violations

3. Why we are here (cont.) • To Solicit Input on Proposed Regulatory Changes for Temporary Storage Limit Increases at Permitted Facilities

4. Update on Streamlined Penalty Program

5. What is Streamlined Penalty Program and Why is it Useful • An abridged alternative to the normal Administrative Complaint process enforced through Administrative Hearing process • Administrative Hearing process can be time consuming and resource intensive for businesses and CalRecycle • Streamlined Penalty process is efficient and cost effective • Identifies problems early and reinforces appropriate behavior – i.e, tires go to legally authorized recycling or disposal locations

6. Pilot Program for Streamlined Penalty Enforcement Approved • Board approved 6 month pilot program in April 2008 • Program implemented in July 2008 • Board approved continuation and expansion of the program in Jan 2009

7. BOARD APPROVED CRITERIA FOR STREALINED PENALTY CONSIDERATION • For the pilot program, cases were limited to use on hauler related registration and manifesting violations • Cases are considered relatively non-controversial • Cases involve less than 2000 tires • Cases have potential penalties of $5000 or less • Settlement offers are based on Board pre-approved penalty tables • All final settlement offer amounts are approved by the Division Chief and Department Director

8. HOW PROPOSED STREAMLINED PROCESS WORKS • Violations detected, verified and determined to meet Board pre-approved streamlined process criteria • Staff prepares streamlined settlement agreement • Staff presents settlement agreement to violator • If violator agrees, Department approves the settlement and enforcement action is completed • If violator does not agree to settlement agreement, case goes to standard enforcement procedure

9. TYPICALVIOLATIONS PROSECUTED • Hauler violations including: • Registration violations • Example: Failure to renew hauler registration on time • Example: Hauling without registration • Manifest violations • Example: Failure to submit complete and accurate manifest forms

10. Program Results • Total streamlined penalty offers sent and accepted 150 • Percentage of cases successfully prosecuted 95% • Total monies collected > $70,050

11. STREAMLINED PENALTY PROGRAM EXPANSION • Prosecution of select violations of Cleanup and Abatement Orders/Cease and Desist Orders related to waste tire facilities • Example: failure to comply with storage, vector or fire related requirements • Example: operating without a permit where there are fewer than 2000 tires involved Department is pursuing regulatory change to remove requirement for intermediate violation of CAO

12. Proposed Regulatory Changes to Expand Streamlined Penalty Program for Facility Violations (see standalone PowerPoint presentation)

13. Proposed Regulatory Changes for Temporary Product Storage Increases

14. Why we are here • Follow-up to Board commitment to re-examine waste tire storage issue • Follow-up to workshop in April 2009 • Start of informal regulation development process

15. Issues and Objectives • Stakeholder desire for regulatory accommodation for temporary storage of TDA and/or other waste tire storage products above permit limits. • Stakeholder desire for bagged and other waste tire products to be exempt from Board regulation like crumb rubber and molded rubber products. • CalRecycle Board desire to increase waste tire diversion. • CalRecycle desire to reconcile diversion goals with pertinent fire safety regulations and environmental protection considerations.

16. Relevant Definitions and Regulatory Considerations Waste Tires • Waste tires” are defined in statute at Public Resources Code (PRC) section 42807 as follows: “ . . . a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer's original specifications. A waste tire includes a repairable tire, scrap tire, altered waste tire, and a used tire that is not organized for inspection and resale by size in a rack or a stack in accordance with Section 42806.5, but does not include a tire derived product or crumb rubber.”

17. Relevant Definitions and Regulatory Considerations Tire Derived Product • “Tire derived product” (TDP) is defined in PRC section 42805.7 “…means material that meets both of the following requirements: • (a) Is derived from a process using whole tires as a feedstock. A process using whole tires includes, but is not limited to, shredding, crumbing, or chipping. • (b) Has been sold and removed from the processing facility.” (emphasis added)

18. Relevant Definitions and Regulatory Considerations Products Derived From Waste Tires • “Products derived from waste tires” (PDWT) is material not yet sold and/or removed from the facility and larger in size than crumb rubber. • Examples include primary or secondary shreds, final stage or near final stage processed products being prepared for sale, bagged, boxed or bulk shreds or chips greater than ¼ inch nominal size used for mulch, bedding and similar products

19. Relevant CalRecycle fire-related regulations • Section 17350-56, Title 14 CCR set forth fire protection related requirements for waste tire product storage. • Section 17354(c) allows local fire departments, subject to Board concurrence, to determine that an alternative waste tire storage configuration outside of the specified width, height, and volume waste tire storage requirements is "adequate to meet the intent of the regulations for purposes of the prevention of fire and the protection of life and property."

20. AB 1249 Issues • Under this statute, codified in PRC 42820 (b), the SFM would develop, in consultation with the CIWMB, fire related regulations for major waste tire facilities. • Waste Board in consultation with OEHHA would then adopt regulations including by reference the regulations adopted by the SFM. • SFM officials indicated that it may take up to two years for the SFM to adopt waste tire storage regulations, due to SFM’s internal review procedures and the Building Standards Law’s rulemaking process (commencing with Health and Safety Code Section 18900). • In the interim, a bulletin addressing the storage of waste tires could be developed to provide direction to local fire authorities.

21. Stakeholder Input • Most understand that fire related considerations be addressed in any proposal to consider tire product storage regulation modification. • Request to have financial assurances requirements reflect “value” of product. .

22. Board Direction at August 2009 Board Meeting • Multi-step process reflecting consideration of issue paper options, stakeholder input and need to integrate AB 1249 regulation development.

23. Step 1 • Encourage facility operators to utilize flexibility in current regulation • Work with State Fire Marshall on bulletin or advisory with preliminary AB 1249 guidance • Prepare a guidance document on TDA used for civil engineering projects. • Time frame: 3-6 months but full integration of AB 1249 could be 2 years or more.

24. Potential Issues • What are the obstacles to utilizing this option?

25. Step 2 • Reexamine financial assurance regulation and policy • Time frame: Concurrent with Step 1 but taking 9-12 months.

26. Potential Issues • Financial assurances are to address remediation and/or closure of facility under circumstances when the facility owner/operator is unable or unwilling to do so. What is the evidence that under these circumstances that “PDWT” will have “value” which can be recognized at that time?

27. Step 3 • Develop proposed criteria to be used for consideration of temporary permit storage increases. • Establish regulations for temporary tire storage increases. • Time frame: To commence concurrently with Step 1 and 2 to the extent possible. Regulation development and approval expected to take 12 to 18 months.

28. Potential Issues • Have local agencies with regulatory authority over the facility been consulted and approved of temporary increases in permit capacity e,g local fire dept, planning? • Is there adequate water supply to address the increased capacity? • Can the material be stored in a manner that doesn’t compromise pile height, areal extent and setbacks established in the permit?

29. Other Considerations • Is the material to be stored only “temporarily”, ie, for a limited term? • Is the temporary nature of the permit increase request substantiated by a contract for preparation of the material to meet a limited term need?

30. Temporary Permit Increase Process Considerations • What approval process do you envision or propose for documenting compliance with the aforementioned criteria? • What time frames do you see associated with the document submittal and approval process?

31. SFM Update since August 2009 Board Meeting • On January 12th, the California State Fire Marshal recommended that the Building Standards Commission adopt revisions to the State Fire Code that will affect the outdoor storage standards for waste tire facilities. • Revisions were approved by Building Commission and will have an effective date on January 1, 2011. 

32. SFM Update (cont.) • Revisions will effectively establish minimum fire related standards for outside storage of new, used and/or and waste tire facilities. • Local fire departments can no longer treat tire related provisions of Fire Code as “guidance” • Most of SFM provisions are the same as fire related provisions in Department regulations with some exceptions (see handout) .

33. Proposed Tire Regulation Revisions • To be consistent with State Fire Code regulation revisions will be a requirement that companies must maintain a 50-foot buffer between all outside tire piles with 500 or more PTEs and buildings and lot lines. 

34. Proposed Tire Regulation Revisions • State Fire Code has exceptions however (when approved by local fire authorities) that allow for a more moderate 10-foot buffer between buildings and lot lines:

35. Proposed Tire Regulation Revisions (cont.) • Storage of fewer than 500 PTEs. • Tire retreaders "if not more than 3,000 waste tires are kept on the business premises.“ • Someone using waste tires for agricultural purposes. • Tire dealers and auto dismantlers who store 1,500 or fewer tires for less than 90 days. • Used tires for re-sale, when stored "by size in a rack or a stack not more than two rows wide . . . and stored in accordance with local fire and vector control requirements and with state minimum standards

36. Proposed Tire Regulation Revisions (cont.) • --Minor Waste Tire Facilities, where 500 to 4,999 waste tires are stored, stockpiled, accumulated, or discarded.

37. Questions? • Contact Information: • Paulino Luna, (916) 341-6412, Paulino.Luna@calrecycle.ca.gov • Jim Lee, (916) 341-6455, Jim.Lee@calrecycle.ca.gov