BILL NUMBER: AB 258	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 6, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2007
	AMENDED IN SENATE  AUGUST 27, 2007
	AMENDED IN SENATE  AUGUST 1, 2007
	AMENDED IN SENATE  JULY 9, 2007
	AMENDED IN SENATE  JUNE 27, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007
	AMENDED IN ASSEMBLY  APRIL 9, 2007

INTRODUCED BY   Assembly Member Krekorian
   (Principal coauthor: Assembly Member Feuer)
   (Coauthors: Assembly Members Beall, Huffman, Karnette, Portantino,
and Saldana)

                        FEBRUARY 5, 2007

   An act to add Chapter 5.2 (commencing with Section 13367) to
Division 7 of the Water Code, relating to water quality.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 258, Krekorian. Water quality: plastic discharges.
   Under the Porter-Cologne Water Quality Control Act, the State
Water Resources Control Board and the California regional water
quality control boards are the principal state agencies with
authority over matters relating to water quality. The state board and
the regional boards prescribe waste discharge requirements for the
discharge of waste in accordance with the federal national pollutant
discharge elimination system (NPDES) permit program established by
the federal Clean Water Act and the Porter-Cologne Water Quality
Control Act. A person who discharges waste into the waters of the
state in violation of waste discharge requirements, or other order or
prohibition issued by a regional board or the state board, is
required upon the order of that regional board or the state board, to
clean up the waste or to abate the effects of the waste. The act
authorizes the state board or a regional board to issue a cleanup or
abatement order.
   This bill would require the state board and the regional boards,
by January 1, 2009, to implement a program for the control of
discharges of preproduction plastics from point and nonpoint sources,
including waste discharge, monitoring, and reporting requirements
that, at a minimum, target plastic manufacturing, handling, and
transportation facilities, and the implementation of specified
minimum best management practices for the control of discharges of
preproduction plastic. The bill would require the state board to
determine the appropriate regulatory methods to address the
discharges from point and nonpoint sources. The state board would be
required, when developing the program, to consult with any regional
board with plastic manufacturing, handling, and transportation
facilities located within the regional board's jurisdiction that have
already voluntarily implemented a program to control discharges of
preproduction plastic. The state board would also be required to
include criteria for submitting a no exposure certification in all
NPDES permits regulating plastic manufacturing, handling, or
transportation facilities. The bill would provide that facilities
that meet the no exposure certification criteria are conditionally
exempt from NPDES permitting requirements.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The increasing problem of marine debris can be harmful to
marine resources, particularly species that ingest or become
entangled in that debris.
   (b)  Thermoplastic resin pellets, plastic powders, and production
scrap can be mistaken as food by marine life.
   (c) Approximately 60 billion pounds of resin pellets are
manufactured annually in the United States alone.
   (d)  The presence of plastic resin pellets and other litter is not
unique to United States beaches and waters. Studies have shown
plastic resin pellets and other litter in the international marine
environment.
   (e)  Litter found on our beaches represents a threat to California'
s $46 billion ocean-dependent, tourism-oriented economy, and in
certain circumstances may pose a public health threat.
   (f) State and local agencies spend millions of dollars per year in
litter collection.
   (g) The majority of trash capture best management practices, such
as catch basin inserts, are not designed to capture resin pellets.
The typical mesh in a catch basin insert is five millimeters while
the diameter of resin pellets is one to two millimeters.
   (h) A coordinated effort among state agencies is necessary to
create a comprehensive response to reduce the presence of marine
debris litter.
   (i) Increased control over industrial discharges will reduce the
amount of plastics entering the aquatic environment.
   (j) Eliminating marine debris litter from the world's oceans is a
universal goal for government, industry, businesses, and individuals.

   (k) Stormwater discharges containing preproduction plastic are a
significant contributor of pollutants to waters of the state. The
state board shall designate, as appropriate, stormwater discharges of
preproduction plastic from plastic manufacturing, handling, and
transportation facilities as contributors of pollutants pursuant to
Section 1342(p)(2)(E) of Title 33 of the United States Code of the
federal Clean Water Act.
  SEC. 2.  Chapter 5.2 (commencing with Section 13367) is added to
Division 7 of the Water Code, to read:
      CHAPTER 5.2.  PREPRODUCTION PLASTIC DEBRIS PROGRAM


   13367.  (a)  For purposes of this chapter, "preproduction plastic"
includes plastic resin pellets and powdered coloring for plastics.
   (b) (1) The state board and the regional boards shall implement a
program to control discharges of preproduction plastic from point and
nonpoint sources. The state board shall determine the appropriate
regulatory methods to address the discharges from these point and
nonpoint sources.
   (2) The state board, when developing this program, shall consult
with any regional board with plastic manufacturing, handling, and
transportation facilities located within the regional board's
jurisdiction that has already voluntarily implemented a program to
control discharges of preproduction plastic.
   (c) The program control measures shall, at a minimum, include
waste discharge, monitoring, and reporting requirements that target
plastic manufacturing, handling, and transportation facilities.
   (d) The program shall, at a minimum, require plastic
manufacturing, handling, and transportation facilities to implement
best management practices to control discharges of preproduction
plastics. A facility that handles preproduction plastic shall comply
with either subdivision (e) or the criteria established pursuant to
subdivision (f).
   (e) At a minimum, the state board shall require the following best
management practices in all permits issued under the national
pollutant discharge elimination system (NPDES) program that regulate
plastic manufacturing, handling, or transportation facilities:
   (1) Appropriate containment systems shall be installed at all
onsite storm drain discharge locations that are down-gradient of
areas where preproduction plastic is present or transferred. A
facility shall install a containment system that is defined as a
device or series of devices that traps all particles retained by a
one millimeter mesh screen and has a design treatment capacity of not
less than the peak flowrate resulting from a one-year, one-hour
storm in each of the down-gradient drainage areas. When the
installation of a containment system is not appropriate because one
or more of a facility's down-gradient drainage areas is not
discharged through a stormwater conveyance system, or when the
regional board determines that a one millimeter or similar mesh
screen is not appropriate at one or more down-gradient discharge
locations, the regulated facility shall identify and propose for
approval by the regional board technically feasible alternative storm
drain control measures that are designed to achieve the same
performance as a one millimeter mesh screen.
   (2) At all points of preproduction plastic transfer, measures
shall be taken to prevent discharge, including, but not limited to,
sealed containers durable enough so as not to rupture under typical
loading and unloading activities.
   (3) At all points of preproduction plastic storage, preproduction
plastic shall be stored in sealed containers that are durable enough
so as not to rupture under typical loading and unloading activities.
   (4) At all points of storage and transfer of preproduction
plastic, capture devices shall be in place under all transfer valves
and devices used in loading, unloading, or other transfer of
preproduction plastic.
   (5) A facility shall make available to its employees a vacuum or
vacuum type system, for quick cleanup of fugitive preproduction
plastic.
   (f) The state board shall include criteria for submitting a no
exposure certification pursuant to Section 122.26(g) of Title 40 of
the Code of Federal Regulations in all NPDES permits regulating
plastic manufacturing, handling, or transportation facilities.
Facilities that satisfy the no exposure certification criteria are
conditionally exempt from the permitting requirements pursuant to
Section 122.26 of Title 40 of the Code of Federal Regulations. The no
exposure certification shall be required every five years or more
frequently as determined by the state board or a regional board.
   (g) The state board and the regional boards shall implement this
chapter by January 1, 2009.
   (h) Nothing in this chapter limits the authority of the state
board or the regional boards to establish requirements in addition to
the best management practices for the elimination of discharges of
preproduction plastic.