California Code of Regulations › Title 27 - Environmental Protection › Division 1 - General Functions and Responsibilities › Subdivision 1 - PERMITTING › Chapter 4 - PERMIT CONSOLIDATION ZONE PILOT PROGRAM › Article 2 - DEFINITIONS › Section 10401 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 definitions contained in this section shall apply only to these regulations.
(1) "Complete and adequate" means a
					 determination by a permitting authority that a facility compliance plan
					 contains all the information required by Sections
					 71035.5(b) and
					 71035.6 (b) of
					 Chapter 5 of Division 34 of the Public Resources Code. A finding that a
					 facility compliance plan is completed and adequate, incorporating all
					 additional conditions as required by the permitting authority, shall result in
					 the approval of the plan for the portion of the plan addressed by the
					 permitting authority.
(2) "CUPA"
					 means a certified unified program agency as designated under Chapter 6.11 of
					 Division 20 of the Health and Safety Code.
(3) "Day" means for the purpose of these
					 regulations, calendar days.
(4)
					 "Environmental permit" means any environmental permit issued by an
					 environmental agency or a certified unified program agency.
(5) "Excluded Facility" means any facility
					 involved in the following operations or activities:
(A) The incineration of wastes. Incineration
					 does not include any combustion process used as part of an air pollution
					 control system.
(B) The storage,
					 treatment, transportation, or disposal of radioactive materials.
(C) Other activities that the Secretary for
					 Environmental Protection determines, prior to approval of an application for a
					 Permit Consolidation Zone, and based on risks to the environment and to the
					 public health and safety, to be appropriately regulated through individual
					 permits.
(D) Other activities
					 excluded as requested by a city or county in its Permit Consolidation Zone
					 application.
(6)
					 "Expanding Facility" means any facility, located within a Permit Consolidation
					 Zone which:
(A) Is physically in existence at
					 the time the facility compliance plan is submitted;
(B) Is in compliance with all applicable
					 regulations prior to the date of submittal of a facility compliance plan to the
					 Permit Consolidation Zone Administrator; and
(C) Requires a new or amended environmental
					 permit to conduct a new or modified activity.
(7) "Facility" means the site presently
					 engaged in or at which an activity is planned that is required to obtain
					 authorization from a permitting authority for that activity.
(8) "Facility Compliance Plan" means a
					 document that incorporates all of the following:
(A) Contains information and data for all
					 emissions and discharges from the facility and the management of solid waste
					 and hazardous waste, including all information relevant to individual
					 environmental permits that would otherwise be required for the
					 facility.
(B) Specifies measures,
					 including, but not limited to, monitoring, reporting, emissions limits,
					 materials handling, and throughputs, to be taken by the project applicant to
					 ensure compliance with all environmental permits that would otherwise be
					 required.
(C) Meets the
					 requirements of all individual environmental permits that would otherwise be
					 required.
(D) Ensures compliance
					 with all applicable environmental laws, regulations, and
					 ordinances.
(9) "New
					 Facility" means any facility, located within a Permit Consolidation Zone, which
					 was not physically in existence prior to the date of submittal of a facility
					 compliance plan to the Permit Consolidation Zone Administrator.
(10) "Permitting Authority" means those
					 governmental entities identified by subdivisions (a) to (g), inclusive of
					 Section
					 71011
					 of the Public Resources Code, specifically including:
(A) The Department of Toxic Substances
					 Control
(B) The Department of
					 Pesticide Regulation
(C) The State
					 Air Resources Board
(D) The State
					 Water Resources Control Board
(E)
					 The California Integrated Waste Management Board
(F) The Office of Environmental Health Hazard
					 Assessment
(G) The Regional Water
					 Quality Control Boards
(H) Air
					 Quality Management Districts and Air Pollution Control Districts as defined in
					 Section
					 39025
					 of the Health and Safety Code.
(I)
					 An enforcement agency, as defined in Section
					 40130
					 of the Public Resources Code (Local Enforcement Agencies operating under the
					 authority of the Integrated Waste Management Act).
(J) A county agricultural commissioner with
					 respect to his or her administration of Divisions 6 (commencing with Section
					 11401) and 7 (commencing with
					 Section 12501) of the Food and
					 Agricultural Code.
(K) The local
					 agency responsible for administering Chapter 6.7 (commencing with Section
					 25280) of the Health and Safety
					 Code concerning underground storage tanks and any underground storage tank
					 ordinance adopted by a city or county.
(L) The local agency responsible for the
					 administration of the requirements imposed pursuant to Section
					 13370.5 of the
					 Water Code (pretreatment to Publicly Owned Treatment Work (POTW)
					 programs).
(M) Certified Unified
					 Program Agencies (CUPAs).
(N) Any
					 other environmental or related permitting authority that elects to become a
					 participating agency within the Permit Consolidation Zone.
(11) "Permit Consolidation Zone" means a
					 geographical area, contiguous or non-contiguous, designated by and within the
					 jurisdiction of a city or cities or a county or counties or both, and approved
					 by the Review Panel, within which a facility compliance plan may be substituted
					 for all environmental permits otherwise required. A Permit Consolidation Zone
					 specifies the types of facilities that are eligible to operate under the
					 authority of a facility compliance plan.
(12) "Plan Applicant," means the facility
					 owner and/or operator responsible for the preparation of a facility compliance
					 plan.
(13) "Review Panel," means
					 the panel composed of the Secretary for Environmental Protection and the
					 Secretary for Trade and Commerce. The Review Panel is empowered to review
					 applicants for and designate Permit Consolidation Zones.
(14) "Zone Administrator," means the
					 individual or agency designated by the Zone Applicant to be responsible for the
					 administration of the zone. The zone applicant may designate any person within
					 any organization it deems appropriate to perform these duties, including but
					 not limited to a Cal/EPA Permit Assistance Center or a Certified Unified
					 Program Agency.
(15) "Zone
					 Applicant" means a California city or county, individually or together, seeking
					 to be designated as a Permit Consolidation Zone.
(16) "Zone Applicant Governing Authority"
					 means the duly constituted governing board for a city or county within the
					 State of California usually a city council in the case of a city or the board
					 of supervisors in the case of a county.