25200.21.5.
(a) For purposes of this section, the following terms have the following definitions:(1) “Facility VSP Score” has the same meaning as set forth in paragraph (2) of subdivision (a) of Section 66271.50 of Title 22 of the California Code of Regulations.
(2) “Compliance inspection” has the same meaning as set forth in paragraph (1) of subdivision (a) of Section 66271.50 of Title 22 of the California Code of Regulations.
(3) “Compliance tier” means the category into which the department places a hazardous waste facility pursuant to subdivision (b)
of Section 66271.54 of Title 22 of the California Code of Regulations as a result of the facility’s Facility VSP Score for purposes of determining whether to issue, renew, modify, deny, or suspend the facility’s hazardous waste facilities permit pursuant to Article 3 (commencing with Section 66271.50) of Title 22 of the California Code of Regulations.
(b) On or before January 1, 2023, July 1, 2022, the department shall revise its regulations adopted pursuant to Section 25200.21 establishing or updating criteria used to issue, renew, modify, deny, or suspend a hazardous waste facilities permit to do both of the following:
for consistency with subdivision (c).
(c) Notwithstanding any regulatory provision adopted by the department pursuant to Section 25200.21, the department shall do both of the following by January 1, 2023:
(1) Calculate the Facility VSP Score of a hazardous waste facility subject to Article 3 (commencing with Section 66271.50) of Title 22 of the California Code of Regulations for the 2022 calendar year, and annually thereafter, by adding the provisional or final inspection violation
scores, as described in Section 66271.53 of Title 22 of the California Code of Regulations, for each compliance inspection conducted during the preceding 10-year period. The department shall not divide the sum of these provisional and final inspection violation scores by the number of compliance inspections that occurred during the preceding 10-year period in calculating the Facility VSP Score.
(2) Assign a hazardous waste facility to a compliance tier based on a Facility VSP Score as follows:
(A) “Acceptable.” A facility that receives a Facility VSP Score of less than 100 shall be designated as having a Facility VSP Score that is acceptable.
(B) “Conditionally Acceptable.” A facility that receives a Facility VSP
Score equal to or greater than 100 and less than 250 shall be designated as having a Facility VSP Score that is conditionally acceptable.
(C) “Unacceptable.” A facility that receives a Facility VSP Score equal to or greater than 250 shall be designated as having a Facility VSP Score that is unacceptable.
(c)
(d) The department shall make any other revisions to its regulations adopted pursuant to Section 25200.21 that are necessary to implement
for consistency with this section.
(d)
(e) For purposes of this section, all references to Title 22 of the California Code of Regulations refer to those regulations as they existed on January 1, 2021.