Public Notices

Important information and public notices regarding HMCD and our regulatory programs will be posted here and updated ​periodically.​​

 

Release Reporting Proposed Regulations

The Governor’s Office of Emergency Services (Cal OES) announced that the development of amendments to the Hazardous Material Release Reporting regulations (California Code of Regulations, Title 19, Division 2, Article 2, sections 2630-2632) is back in progress.  The draft language can be reviewed at: Release Reporting Proposed Regulations.

 

CalEPA Unified Program State Surcharge Increase for FY 2021/2022

CalEPA published a final notice in the California Regulatory Notice Register on June 25, 2021, upon which the increased Unified Program surcharge amounts became effective immediately.

The increase to the “Oversight” portion of the annual State Surcharge raised the fee from $49 to $84, with the increase allocated as follows:

  • $27 for the California Environmental Reporting System (CERS) NextGen project
    • CalEPA is responsible for the implementation and overall maintenance of the CERS and has determined that the current CERS must be updated in order to continue providing an effective and stable service to all stakeholders. Therefore, CalEPA has, in collaboration with internal and external stakeholders, initiated the CERS NextGen project to plan and implement this crucial system update. It is estimated that the project will cost approximately 14.1 million dollars and is expected to be completed in Fiscal Year 2024/2025.
  • $8 to address the structural deficit related to the State Certified Unified Program Account
    • Based on fiscal analysis performed by the CalEPA Deputy Secretary for Fiscal and Administrative Programs, Unified Program staff, and the California Air Resources Board accounting staff, it was determined that beginning in Fiscal Year 2021/2022, the budget appropriation for the State Certified Unified Program Account exceeds the projected revenues by over $1,000,000.

No later than sixty days after the effective date of the new surcharge, Certified Unified Program Agencies (CUPAs) are responsible for collecting the new surcharge amount as part of their single fee system.  CalEPA has requested that all CUPAs begin assessing the new surcharge in fiscal year 2021/2022, including those CUPAs that bill prior to the effective date of the new surcharge increase. Santa Clara County began assessing the surcharge effective July 1, 2022.

CalEPA will assess the surcharge for the CERS NextGen project for four years, beginning Fiscal Year 2021/2022.  In Fiscal Year 2024/2025, CalEPA will adjust the Oversight Surcharge to only cover costs for the ongoing maintenance and operations of CERS NextGen.

 

CPI Adjustment

The Department of Environmental Health will hazardous materials and many other permit fees, including hazardous materials permit fees, by 2%, effective August 1, 2021. This increase is based on the annual increase in the Consumer Price Index for the San Francisco Bay Area region.  Fees have not been increased since July, 2012 and the increase is necessary to help offset rising costs.

 

CalEPA UNIFIED PROGRAM STATE SURCHARGE INCREASE FOR FY 2021/2022

CalEPA publicly noticed a proposal to increase the “Oversight” portion of the Unified Program State Surcharge in the California Regulatory Notice Register on May 14, 2021, initiating a 30-day comment period. Following the 30-day comment period, CalEPA will review and consider all comments received, making changes as deemed necessary. After the consideration of comments, CalEPA will publish a final notice in the California Regulatory Notice Register, upon which the proposed Unified Program surcharge amounts will become effective immediately.

CalEPA proposes to increase the “Oversight” portion of the annual State Surcharge from $49 to $84, with the increase allocated as follows:

  • $27 for the California Environmental Reporting System (CERS) NextGen project; and
  • $8 to address the structural deficit related to the State Certified Unified Program Account

CalEPA will assess the proposed surcharge for the CERS NextGen project for four years, beginning Fiscal Year 2021/2022. In Fiscal Year 2024/2025, CalEPA will adjust the Oversight Surcharge to only cover costs for the ongoing maintenance and operations of CERS NextGen.

This year’s surcharge proposal includes two major elements:

  • CERS NextGen Project - CalEPA is responsible for the implementation and overall maintenance of the CERS and has determined that the current CERS must be updated in order to continue providing an effective and stable service to all stakeholders. Therefore, CalEPA has, in collaboration with internal and external stakeholders, initiated the CERS NextGen project to plan and implement this crucial system update. It is estimated that the project will cost approximately 14.1 million dollars and is expected to be completed in Fiscal Year 2024/2025.
  • Account Structural Deficit - Based on fiscal analysis performed by the CalEPA Deputy Secretary for Fiscal and Administrative Programs, Unified Program staff, and the California Air Resources Board accounting staff, it was determined that beginning in Fiscal Year 2021/2022, the budget appropriation for the State Certified Unified Program Account exceeds the projected revenues by over $1,000,000.

No later than sixty days after the effective date of the new surcharge, Certified Unified Program Agencies (CUPAs) are responsible for collecting the new surcharge amount as part of their single fee system. CalEPA will be requesting that all CUPAs begin assessing the new surcharge in fiscal year 2021/2022.

 

TREATED WOOD WASTE

With the Governor’s veto of 2020’s Assembly Bill 68, Treated Wood Waste is no longer allowed to disposed of at any place except a Class I Hazardous Waste Landfill.  This ban took place on January 1, 2021. Commercial haulers have already notified the Department of Environmental Health and many customers that they will be rejecting loads where they see treated wood in the waste containers.
If you generate treated wood waste, DEH recommends:
•    Separating treated wood from non-treated wood during demolition.
•    Cutting any removed treated wood during demolition so that it will fit into a container for storage. 
You may continue to handle your non-treated wood as you always have.
Your Treated Wood Waste should now be:
•    Placed in a container (e.g. cubic yard box, tri-wall, 20- or 40-yard roll off bin);
•    Covered when not adding waste to the container;
•    Marked with the following information:
         o    The words “HAZARDOUS WASTE”
         o    Your company’s name and address
         o    The words “TREATED WOOD”
         o    The word “TOXIC” 
         o    The date you started putting the wood waste in the container;
•    Removed from your site by a hazardous waste hauler within 180 days. 
Industry representatives are currently working with the State Department of Toxic Substances Control (DTSC) to address this issue.  For more information you may contact the Dept. of Environmental Health at 408-918-3400 or visit DTSC’s website at https://dtsc.ca.gov/toxics-in-products/treated-wood-waste/
A short term solution is expected near the end of February, middle of March 2021, according to the Department of Toxic Substances Control. 
 

CALIFORNIA ACCIDENTAL RELEASE PREVENTION PLANS PUBLIC NOTICE

The County of Santa Clara Department of Environmental Health Hazardous Materials Compliance Division has received and reviewed two updated 5 Year Risk Management Plans under the California Accidental Release Prevention program for the following facilities located in Santa Clara County.

  • LOS ESTEROS CRITICAL ENERGY FACILITY LLC located at 800 Thomas Foon Chew Way in San Jose California 95134 for the regulated chemical Aqueous Ammonia.
  • ​METCALF ENERGY CENTER LLC located at 1 Blanchard Road in San Jose California 95037 for the regulated chemical Aqueous Ammonia.

The two Risk Management Plans were found to be complete. In accordance with State law, the Risk Management Plans will be available for public review and comment period beginning September 16, 2020. and will continue for a period of at least 45 days. The Risk Management Plans may be reviewed during normal business hours at the location indicated below. Please call in advance to arrange for a time to review the document.

 

PUBLIC NOTICE: Risk Management Plan Notification

The County of Santa Clara Department of Environmental Health has received and reviewed the following 5 year revised and updated Risk Management Plan (RMP) under the California Accidental Release Prevention program (CalARP) for the following facility located in Santa Clara County for the chemical noted:

  • LUMILEDS LLC 370 West Trimble Road, Bldg. 90 San Jose California 95131
  • Anhydrous Ammonia

The 5 year updated RMP was found to be complete. In accordance with State law, the RMP will be available for public review and comment beginning September 3, 2020 and will continue for a period of at least 45 days. The RMP may be reviewed during normal business hours at the location indicated below. Please call in advance to arrange for a time to review the document.​

 

CALIFORNIA ACCIDENTAL RELEASE PREVENTION PLANS PUBLIC NOTICE

The County of Santa Clara Department of Environmental Health Hazardous Materials Compliance Division has received and reviewed the updated 5 Year Risk Management Plan under the California Accidental Release Prevention program for the following facility located in Santa Clara County.

  • O.L.S. Energy-Agnews, Inc. located at 3800 Cisco Way in San Jose California 95134 for the regulated chemical Aqueous Ammonia.​

​The Risk Management Plan was found to be complete. In accordance with State law, the Risk Management Plan will be available for public review and comment period beginning July 1, 2020 and will continue for a period of at least 45 days. The Risk Management Plans may be reviewed during normal business hours at the location indicated below. Please call in advance to arrange for a time to review the document.​

 

CALIFORNIA ACCIDENTAL RELEASE PREVENTION PLANS PUBLIC NOTICE

The County of Santa Clara Department of Environmental Health Hazardous Materials Compliance Division has received the Risk Management Plan under the California Accidental Release Prevention program for the following facility located in Santa Clara County:

  • Metcalf Energy Center located at 1 Blanchard Road in San Jose California 95037 for the regulated chemical Aqueous Ammonia.

In accordance with State law, once the Risk Management Plan is found to be complete, it will be available for public review and comment for a period of at least 45 days.

 

Notice Regarding Revised Environmental Screening Levels

On January 24, 2019, the San Francisco Bay Regional Water Quality Control Board (RWQCB) released the latest update to their Environmental Screening Levels (ESLs). The DEH is providing notice regarding the use of revised ESLs for cases in the Site Cleanup Program. More...

​The Revised ESLs are available on the following RWQCB website: www.waterboards.ca.gov/rwqcb2/water_issues/programs/esl.html

 

Transfer of Unified Program Responsibilities for the City of Milpitas​​​​

Effective July 1, 2018, the City of Milpitas Fire Department (City) will cease to be responsible for implementing the State’s Unified Program as a Participating Agency. The County Department of Environmental Health, Hazardous Materials Program (County) remains the Certified Unified Program Agency and will assume responsibility for implementing all elements of the Unified Program as of the effective date. More...

 

Proposed Amendment of California UST Regulations to be at Least as Stringent as Federal UST Regulations

​The State Water Resources Control Board (State Water Board) provided notice of proposed changes to the underground storage (UST) regulations. The changes will make California requirements at least as stringent with recently modified Federal regulations. The public comment period for the proposed regulatory closes on January 2, 2018 at 12:00 PM.

For more details, please see the links below:

Proposed Amendment to California Code of Regulations, title 23, division 3, chapter 16


Single-Walled UST Closure and Replacement: Funding Assistance

On September 25, 2014, a new law (Health and Safety Code, Section 25292.05) became effective which requires the permanent closure of all single-walled underground storage tanks (USTs) in California by the deadline date of December 31, 2025.

This notice is to advise that the State Water Resources Control Board (State Water Board) has funding available to assist owners and/or operators of single-walled USTs to come into compliance. The State Water Board Replacing, Removing, or Upgrading Underground Storage Tanks (RUST) program makes available grants (up to $70,000 per entity) and low interest loans (up to $750,000 per entity) to assist if you are a small business and you are the owner and/or operator of a regulated facility with single-walled USTs. Please see attached for more information.

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Unified Program Surcharge Increases

The Hazardous Materials Program will begin assessing the revised surcharges on July 15, 2017. For questions regarding the surcharge revisions, see CalEPA's letter dated April 5, 2017 in which they describe the changes.

 

NOTICE REGARDING CALIFORNIA ACCIDENTAL RELEASE PREVENTION PLANS

The County of Santa Clara Department of Environmental Health Materials Compliance Division has received the Risk Management Plan under the California Accidental Release Prevention program for the following facility located in Santa Clara County:

  • O.L.S. Energy-Agnews, Inc. located at 3800 Cisco Way in San Jose California 95134 for the regulated chemical Anhydrous Ammonia.

In accordance with State Law, once the Risk Management Plan is found to be complete, it will be available for public review and comment for a period of at least 45 days.

 

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