This page provides answers to some frequently asked questions about amending reports of facility information (RFI).
Note: The answers to the frequently asked questions are limited to the facts stated in them and to staff’s assumptions as to other necessary facts. Please review all applicable laws and regulations and/or contact your LEA or CalRecycle staff contact before making a final determination.
1. Does the operator need to submit a completed application form for any and every change to the RFI?
Yes. Every change to the RFI needs to be submitted to the LEA accompanied with a completed application form. The form is needed each time so that there is a record of all changes being approved using the CEQA/SMS/T&C criteria. Even “minor” changes must be submitted each time with a new application so the LEA can also track potential cumulative impacts.
2. Are there any “minor” changes that don’t require an application for RFI amendment?
An operator should submit an application for RFI amendment for any change in design and operation. Never assume that a “minor” change will not require an application. The LEA, not the applicant, should always make this determination.
Depending on site-specific considerations and the exact wording of the permit, RFI, and/or environmental document, even a “minor” change may require an application for RFI amendment, or even an application for revised permit.
3. Does the operator also submit a copy of the application for RFI amendment to the RWQCB?
Yes. Title 27 section 21665 states that “the applicant shall submit an RFI amendment application package pursuant to Title 27 section 21570” which states that “the applicant shall also simultaneously submit one copy of the application form and the Joint Technical Document (JTD) to the Regional Water Quality Control Board (RWQCB)”.
4. Do both the owner and operator have to sign every application for an RFI amendment?
Yes. The application for should be filled out completely, including the owner and operator information on page 4 of the application form.
5. Does CalRecycle need to concur in RFI amendments?
No. CalRecycle only reviews, tracks, and provides guidance for RFI amendment. The LEA does not need to submit the RFI amendment to CalRecycle prior to LEA approval. CalRecycle staff will provide technical assistance at the request of the LEA.
6. Can many small RFI amendment changes add up to the need for a permit revision?
Yes. The LEA should take into consideration other recently approved amendments in addition to off-site changes when making a final determination. The LEA should especially be mindful of cumulative impacts with making the CEQA determination.
7. Is an RFI amendment considered a project under CEQA?
Not necessarily. See the CEQA Guidelines for the definition of “Project” and the CEQA Guidelines “Project Page” to find more resources on determining whether an activity is a “project” under CEQA.
8. Does the LEA need to file a Notice of Exemption (NOE) when approving an RFI amendment?
Not necessarily. If the change is consistent with a previous CEQA document or is determined not to be a project, then a NOE is not required. If the change is a project not described in a previous CEQA document, then the LEA or Lead Agency should explain why it is exempt from CEQA in the NOE.
The Notice of Exemption Form (Fillable) is available in the CEQA Guidelines Appendix E.
9. Is the operator required to submit the same supporting documents with an RFI amendment as they would with a permit revision?
Not always. The submittal shall contain only those items listed in Title 27, Section 21570(f) that have changed, are proposed for change, or as otherwise specified by the LEA.
10. Is a conformance finding required for approval of an RFI amendment?
No. A conformance finding is only required for a first permit, a new or expanding facility, or when the permit is being revised and there is no prior conformance finding showing the facility (at that address) was in conformance.
Other Resources
- RFI Amendment Examples
- Title 27, Section 21665
- Full Permits Page
- Full Solid Waste Facility Permit Application Form
- RFI Amendment Checklist (CIWMB Form 216)
- Full Permit Laundry List
- Right to Appeal Form
- CEQA Toolbox
- NOE Form (Resource Agency)
- Definition of Design and Operation
- The review questions for completing a permit review can be helpful since approving an RFI amendment can be similar to completing a mini 5-year permit review report.
Resources
For more information contact: LEA Support Services, PermitTrainingAssistance@calrecycle.ca.gov