SUBJECT: PROPOSED ADOPTION OF THE IMPLEMENTATION POLICY FOR THE ENVIRONMENTAL TECHNOLOGY CERTIFICATION PILOT PROGRAM
AB 1943, which enables all Cal/EPA Boards and Departments to adopt a process to certify equipment and processes as being in compliance with any laws and regulations it administers, was signed into law by Governor Wilson on August 19, 1996. Since the State Water Resources Control Board (SWRCB) and Regional Water Quality Control Boards (RWQCB) do not permit equipment, but rather permit discharges or uses, the Division of Clean Water Programs (DCWP) developed the attached Environmental Technology Certification (ETC) Pilot Program Policy (Policy) that will provided for Certification of equipment and processes as performing to the claims of the Applicant. This voluntary program is intended to validate an Applicant's claim of technology performance.
Nothing in this Policy is intended to limit, or shall limit, the ability of a local environmental agency to adopt requirements to meet local health and safety concerns. This Policy is not intended to limit the ability of a local agency or purchaser to review certified equipment or processes to ensure performance and applicability of specific sites. Additionally, this Policy does not guarantee that an Applicant will receive certification.
This Policy communicates the basic information needed from an Applicant as well as the process that the SWRCB will take to perform a verification analysis. This Policy also details how the SWRCB will coordinate with Cal/EPA and the Office of Environmental Technology (OET) to ensure consistency of Certification implementation throughout the different Cal/EPA Boards and Departments.
AB 1943 established this program as one part of an effort by Cal/EPA to assist business in receiving environmental permits quickly, provide consumers and regulators with confidence in technology performance, and provide engineers with design criteria and guidance for implementing technology.
The ETC Pilot Program is designed to be a cost recovery program, and staff time will be financed by the fees charged to the Applicants for the verification and administrative processes associated with Certification. The Applicant is given an estimated cost for Certification prior to the verification process so that they may decide whether or not to further pursue Certification.
Certification documentation includes an Executive Certification Letter, a Certification Report, as well as the Certificate. The Policy states that the SWRCB will designate the Board's Chairperson to execute Certification by co-signing the ETC Certificate and signing the Executive Certification Letter. Certification documentation will be maintained in the DCWP's files and will be made available upon request.
This Policy was developed with comments and input provided by representatives of associations from the technology equipment industry, engineering sector, local and regional environmental agencies, and environmental technology consumers. The Advisory Committee reviewed the Policy for implementability and usefulness.
Should the SWRCB approve the Implementation Policy For Environmental Technology Certification Pilot Program and designate the Board's Chairman to execute Certification.
Budget Change Proposal (BCP 13) was approved for 3.5 Person Years (PYs) and $350,000 of reimbursement authority.
RWQCB IMPACT: None.
Adopt the proposed Policy and delegate signature authority to the Board's Chairperson.
[Attachments not available electronically but can be obtained by calling Bryan Brock at (916) 227-4470.]
1. State law enables all Cal/EPA Boards and Departments to adopt a process to certify equipment and process as being in compliance with any relevant laws and regulations it administers;
2. State law established this program to assist business in receiving environmental permits quickly, provide consumers and regulators with confidence in technology performance, and provide guidance for implementing technologies;
3. This Policy does not limit the ability of a local environmental agency to adopt requirements to meet local health and safety concerns or limit the ability of a local agency or purchaser to review certified technologies to ensure performance and applicability for specific sites;
4. The Environmental Technology Certification Program is a cost recovery program which will be financed by the fees charged to the Applicants for the process of certification; and
5. The State Water Resources Control Board is authorized to delegate authority to a designatee for purposes of conducting certification approvals.
THEREFORE BE IT RESOLVED:
1. That the State Water Resources Control Board adopts the attached Policy regarding the Implementation Policy For The Environmental Technology Certification Pilot Program; and
2. That the State Water Resources Control Board's Chairperson is delegated the authority to conduct activities associated with certification approvals.
The undersigned, Administrative Assistant to the Board, does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on September 18, 1997.
Administrative Assistant to the Board