STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE A: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED DURING THE YEAR 2003

Subject:
Underground Storage Tank Regulations Update / CCR Title & Sections Affected:
Title 23, Division 3, Chapter 16 / Statutes Being Implemented:
AB 1702 (Chapter 42, Statutes of 2003); AB2481 (Chapter 999, Statutes of 2002); Health and Safety Code, section 25280 et. seq.
Responsible Agency Unit:
State Water Resources Control Board
Division of Water Quality / Contact Person & Phone Number:
Elizabeth L. Haven, Manager
UST Program
(916) 341-5752 / Projected Dates:
Notice:
10/04 / Hearing:
12/04 / Adoption:
2005 / To OAL:
2005


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE A: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED DURING THE YEAR 2003

Subject:
Water Right and Water Quality Certification Fees Update (Emergency Regulations) / CCR Title & Sections Affected:
Title 23, Division 3, Chapter 5 / Statutes Being Implemented:
SB 1049 (Chapter 741, Statutes of 2003); Budget Act of 2004
Responsible Agency Unit:
State Water Resources Control Board
Division of Water Rights / Contact Person & Phone Number:
James Kassel, Supervising Water Quality Control Engineer
(916) 341-5446 / Projected Dates:
Notice:
9/04 / Hearing:
10/04 / Adoption:
10/04 / To OAL:
10/04


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE A: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED DURING THE YEAR 2003

Subject:
Water Quality Filing Fees Update
(Emergency Regulations) / CCR Title & Sections Affected:
Title 23, Division 3, Chapter 9 / Statutes Being Implemented:
Water Code Section 13260
Responsible Agency Unit:
State Water Resources Control Board: Division of Administrative Services / Contact Person & Phone Number:
Sue Horn, Assistant Division Chief
(916) 341-5057 / Projected Dates:
Notice:
9/04 / Hearing:
10/04 / Adoption:
10/04 / To OAL:
10/04


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Underground Storage Tanks Training and Compatibility/Permeability Requirements / CCR Title & Sections Affected:
Title 23, Division 3, Chapter 16, Articles 3, 4, and 10 / Statutes Being Implemented:
SB 989 (Chapter 812, Statutes of 1999) and AB 1465 (Chapter 154, Statutes of 2001);
Health and Safety Code Sections 25284.1(a)(4)(A)(i) and 25284.1(a)(5)(D)(ii)
Responsible Agency Unit:
State Water Resources Control Board, Division of Water Quality / Contact Person & Phone Number:
Elizabeth L. Haven, Manager
UST Program
(916) 341-5752 / Projected Dates:
Notice:
3/07/03 / Hearing:
4/28/03 / Adoption:
2/04 / To OAL:
3/04

On November 4, 2003, this regulation package was put on the consent calendar for adoption at the November 19, 2003 meeting of the State Water Resources Control Board.

On November 17, 2003, this regulation package was put on hold due to Executive Order S-2-03.


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Electronic Submittal of Information / CCR Title & Sections Affected:
Title 23, Division 3, Chapter 16, Article 12, Sections 2729 and 2729.1 / Statutes Being Implemented:
AB 2886 (Chapter 727, Statutes of 2000); Water Code Section 13195 et seq.
Responsible Agency Unit:
State Water Resources Control Board, Division of Water Quality / Contact Person & Phone Number:
Kevin Graves, Chief
UST Clean Up/Border Unit
(916) 341-5782 / Projected Dates:
Notice:
05/25/03 / Hearing:
04/28/03 / Adoption:
04/04 / To OAL:
05/04

Report on the status of all uncompleted rulemaking described on previous calendars:

Emergency Rulemaking adopted April 16, 2001 and effective September 1, 2001.

On August 23, 2002, OAL approved a deadline extension for final regulations that expired December 31, 2002.

On December 30, 2002, OAL approved a deadline extension for final regulations that expired April 30, 2003.

On April 28, 2003, OAL approved a deadline extension for final regulations that expired August 30, 2003.

On August 26, 2003, OAL approved a deadline extension for final regulations that expired December 30, 2003.

Absent a Department of Finance exception pursuant to Executive Order S-2-03, emergency regulations expired December 31, 2003.

Regular rulemaking to replace emergency regulations is on hold, pursuant to Executive Order S-2-03.


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Red Tag Authority / CCR Title & Sections Affected:
Title 23, Div. 3, Chapter 16, Article 10, Section 2715-2715.3 / Statutes Being Implemented:
AB 2481 (Ch. 999, Statutes of 2002)
Health and Safety Code Sections 25292.3
Responsible Agency Unit:
State Water Resources Control Board, Division of Water Quality / Contact Person & Phone Number:
Leslie Alford, Chief
UST Enforcement Unit
916-341-5810 / Projected Dates:
Notice:
07/04/03 / Hearing:
08/26/03 / Adoption:
05/04 / To OAL:
06/04

Report on the status of all uncompleted rulemaking described on previous calendars:

On November 4, 2003, this regulation package was put on the consent calendar for adoption at the November 19, 2003 meeting of the State Water Resources Control Board.

On November 17, 2003, this regulation package was put on hold due to Executive Order S-2-03.


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Underground Storage Tank Forms / CCR Title & Sections Affected:
Title 23, Div. 3, Chapter 16, Article 3, Sections 2635(d) and 2636(c)(2), Article 10, Section 2711(c) and Appendix V / Statutes Being Implemented:
AB 1362 (Ch. 1046, Statutes of 1983); Health and Safety Code Section25283.2(a)
Responsible Agency Unit:
State Water Resources Control Board, Division of Water Quality / Contact Person & Phone Number:
Terry Brazell, Chief
UST Leak Prevention Regulatory Unit
(916) 341-5645 / Projected Dates:
Notice:
09/04 / Hearing:
10/04 / Adoption:
2005 / To OAL:
2005

Report on the status of all uncompleted rulemaking described on previous calendars:

Deferred in order to coordinate with Cal/EPA’s Unified Program Section on their related rulemaking.


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Underground Storage Tank Reporting: Compliance and Enforcement / CCR Title & Sections Affected:
Title 27, Sec. 15290(d);
Title 23, Sec. 2713(c) / Statutes Being Implemented:
Ch. 6.11, Health & Safety Code, Sections 25404(c)(3), (d) and (e)
Ch. 6.7, Health & Safety Code, Sections 25299.3 and 25299.7
Responsible Agency Unit:
State Water Resources Control Board, Division of Water Quality / Contact Person & Phone Number:
Terry Brazell, Chief
UST Leak Prevention Regulatory Unit
(916) 341-5645 / Projected Dates:
Notice:
06/04 / Hearing:
08/04 / Adoption:
10/04 / To OAL:
12/04


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Tank Tester Requirements / CCR Title & Sections Affected:
Title 23, Division 3, Chapter 17 / Statutes Being Implemented:
Health and Safety Code Sections 25284.4 et seq.
Responsible Agency Unit:
State Water Resources Control Board, Division of Water Quality / Contact Person & Phone Number:
Leslie Alford, Chief
UST Enforcement Unit
916-341-5810 / Projected Dates:
Notice:
07/04 / Hearing:
09/04 / Adoption:
11/04 / To OAL:
12/04

Report on the status of all uncompleted rulemaking described on previous calendars:

Completion of the proposed regulations has been delayed due to other priorities, resulting in postponement of our previous projected dates.


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
State Revolving Fund Loan Program / CCR Title & Sections Affected:
Title 23, Division 3 / Statutes Being Implemented:
CWC, section 13475 et.seq.
Responsible Agency Unit:
State Water Resources Control Board / Contact Person & Phone Number:
Wayne Pierson, 916-341-5755 / Projected Dates:
Notice:
12/15/04 / Hearing:
2/15/05 / Adoption:
4/21/05 / To OAL:
6/30/05


STATE WATER RESOURCES CONTROL BOARD

2003 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2002

Subject:
Regulations Protecting Surface Water and Groundwater from Discharges from Onsite Wastewater Treatment Systems / CCR Title & Sections Affected:
Title 27, Division 2, Subdivision 1, Chapter 7, and proposed new Subchapter 7, Article1 to Article 6, Sections 22950 to 23050 / Statutes Being Implemented:
AB 885 (2000); Water Code Sections 13290, 13291, 13291.5, 13291.7
Responsible Agency Unit:
State Water Resources Control Board,
Division of Water Quality / Contact Person & Phone Number:
Todd Thompson
Management Practices Support Unit
(916) 341-5518 / Projected Dates:
Notice:
10/04 / Hearing:
12/04 / Adoption:
2/05 / To OAL:
4/05
Report on the status of all uncompleted rulemaking described on previous calendars:
Completion of the draft rule has been delayed due to budget cuts and stakeholder controversy over the approach and content of the regulations. Consequently, the previously projected dates of providing notice on 10/03, holding a hearing on 10/03, and adoption on 12/03 had to be extended by a year. The new projected dates are contingent upon continued funding of the program at the current level.


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Petroleum Underground Storage Tank (UST) Cleanup Fund Regulations / CCR Title & Sections Affected:
Title 23, Division 3, Chapter 18. Minor updates to implement AB 1465. / Statutes Being Implemented:
California Health and Safety Code, Chapter 6.75.
Responsible Agency Unit:
UST Cleanup Fund / Contact Person & Phone Number:
Allan Patton (916) 341-5661 / Projected Dates:
Notice:
6/20/03 / Hearing:
N/A / Adoption:
10/03 / To OAL:
12/03

Report on the status of all uncompleted rulemaking described on previous calendars:

This regulation package was placed as an uncontested agenda item for consideration by the State Water Resources Control Board (SWRCB) at its October 15, 2003, meeting. The regulation package was approved without discussion and the SWRCB adopted a resolution effective that date.

On November 17, 2003, the regulation package was put on hold due to Executive Order S-2-03.


STATE WATER RESOURCES CONTROL BOARD

2004 RULEMAKING CALENDAR

SCHEDULE B: PROPOSED REGULATIONS IMPLEMENTING STATUTES ENACTED PRIOR TO THE YEAR 2003

Subject:
Solar Evaporator Emergency Regulations / CCR Title & Sections Affected:
Title 27, Division 2, Subdivision 1, Chapter 7, and proposed new Subchapter 7, Article 1, Sections 22900-22950 / Statutes Being Implemented:
SB 1372; Health and Safety Code Division 20, Chapter 6.5, Article 9.7, Section 25209.12
Responsible Agency Unit:
State Water Resources Control Board,
Division of Water Quality / Contact Person & Phone Number:
Wayne Verrill
Management Practices Support Unit
(916) 341-5585 / Projected Dates:
Notice:
NA / Hearing:
7/03 / Adoption:
7/03 / To OAL:
Pending Governor’s Executive Order

Submittal of the Solar Evaporator Emergency Regulations to OAL is now on hold pending resolution of procedure under the Governor’s Executive Order for a further review of all new regulations.