AIR QUALITY
Tiered Permitting - CUPA
Tiered Permitting refers to a graduated series of requirements applicable to hazardous waste generators conducting onsite treatment of their own hazardous waste. There are three tiers of hazardous waste treatment.
The level of regulation is scaled to the relative risk and complexity involved under each treatment tier. In ascending order, the tiers are:
• Conditional exemption (CE)
• Conditional authorization (CA)
• Permit by rule (PBR)
The statutes, Health & Safety Code Chapter 6.5, Article 9, § 25200, et. seq., and regulations, California Code of Regulations, Title 22, Division 4.5, Chapter 45, governing tiered permitting may be downloaded from www.leginfo.ca.gov or www.calregs.com, respectively.
Notifications containing all of the applicable requirements of Title 22, CCR, § 67450.2(b) shall be submitted to CUPA either in person or by certified mail with return receipt requested. The applicable requirements include submission of the following:
The forms listed in Title 22, California Code of Regulations, §67450.2(b)(2),
AND the following pages of the Unified Program Consolidated Form
• Annual Onsite Hazardous Waste Treatment Notification page
• Business Activities page
• Business Owner/Operator page
• Requirements of §67450.2(b)(3).
Within forty-five (45) calendar days of receipt of the above notification, CUPA shall acknowledge, in writing, their receipt of the notification. CUPA shall, in conjunction with the acknowledgement, either:
1. Authorize operation of the Fixed Treatment Unit (FTU) subject to the requirements and conditions specified in §§ 67450.3, 67450.7, 67450.9(b) and 67450(c); or
2. Deny authorization under a permit by rule pursuant to §67450.9(a), or notify the owner or operator that the notification is incomplete or inaccurate.
If the notification is incomplete, the CUPA shall specify what additional information or correction is required.
CUPA shall authorize or deny authorization to operate under the specified sections within forty-five (45) days of receipt of the requested information or corrected notification.
CUPA shall reject the notification if the information is not provided within ten (10) days of receipt of the acknowledgement. Upon showing of good cause, CUPA shall grant the owner or operator additional time to provide the requested information or correction.
An owner or operator whose notification is rejected may submit a new initial notification.
The owner or operator of an FTU that treats hazardous waste shall be deemed to have a permit when the owner or operator complies with the California Code of Regulations, Title 22, §67450.2 §(b)(1), if applicable, (b)(2), (b)(3), and (b)(5), and receives an acknowledgement from the CUPA authorizing operation of the FTU pursuant to (b)(4).
CUPA Programs
Above Ground Petroleum storage
