As someone who has been deeply involved in the state regulatory process for many years, and who has experienced the outcomes of this process both good and bad, I was concerned about a recent push by the Department of Toxic Substances Control (DTSC) to adopt “emergency” regulations that would impose “hazardous waste” rules on the state’s metal-recycling plants – rules that have the potential to shut down a vibrant recycling industry.

Though the initial push for these changes was withdrawn, DTSC is now moving forward again to file different emergency regulations where no emergency exists, and channels for input are quite limited.

The lack of emergency is apparent on the face of DTSC’s new public notice of their filing. Given DTSC’s persistence in proceeding down a path that deprives all interested stakeholders an opportunity to take part in this important matter of public policy, it’s crucial to explain why these regulatory changes affecting metal recycling are neither necessary nor workable.