BILL ANALYSIS
AB 258
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Date of Hearing: April 16, 2007
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Loni Hancock, Chair
AB 258 (Krekorian) - As Amended: April 9, 2007
SUBJECT : Environment: marine debris: plastic discharges.
SUMMARY : This bill establishes a plastic debris eradication
program to reduce the amount of preproduction plastics entering
the marine environment.
EXISTING LAW :
1)Under the Marine Plastic Pollution Research and Control Act of
1987 (Public Law 100-220, Title II), prohibits the at-sea
disposal of plastic and other solid materials for all
navigable waters within the United States. The law also
requires the US Environmental Protection Agency (USEPA), the
National Oceanic and Atmospheric Administration, and the US
Coast Guard to jointly conduct a public education program on
the marine environment.
2)Requires USEPA to develop a National Marine Debris Monitoring
Program designed to assess the effectiveness of the current
national marine debris legislation. Monitoring under this
program takes place at designated beaches every 28 days.
3)Under the California Beverage Container Recycling and Litter
Reduction Act of 1986 (commencing with Public Resources Code
Section 14500), provides funding and education programs to
reduce beverage container litter.
4)Under the Integrated Waste Management Act of 1989 (Act)
(commencing with Public Resources Code Section 40000),
requires cities and counties to divert 50 percent of their
solid waste by 2000. The Act provides various programs to
reduce litter and educate consumers about the importance of
recycling.
5)Under the federal Clean Water Act [33 U.S.C. Section
1313(d)(1)], requires the state to identify a list of impaired
water-bodies and develop and implement Total Maximum Daily
Loads (TMDLs) for impaired water bodies.
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6)Under the Porter-Cologne Water Quality Control Act (commencing
with Water Code Section 13000), regulates discharges of
pollutants in storm-water and urban runoff by regulating,
through the National Pollution Discharge Elimination System
(NPDES), industrial discharges and discharges through the
municipal storm drain systems of communities with populations
under 100,000 and communities with greater than 100,000 and
from 11 categories of industrial activity.
THIS BILL :
1)Defines "preproduction plastic" as plastic pellets, plastic
resin products, powdered coloring for plastics, plastic
additives, plastic materials, and plastic fragments.
2)Requires the State Water Resources Control Board (SWRCB) and
regional water quality control boards (RWQCBs) to implement a
program to control discharges of preproduction plastic, which
shall include:
a) Waste discharge, monitoring, and reporting requirements
for facilities that handle preproduction plastic.
b) Requiring plastic manufacturing, handling, and
transportation facilities to implement best management
practices (BMPs) to control discharges of preproduction
plastic, which shall include:
i) Zero loss containment systems for storm drains;
ii) Sealed containers for all preproduction plastic at
all points of storage and transfer;
iii) Capture devices at all points of storage and
transfer; and,
iv) Vacuum systems for the cleanup of preproduction
plastic.
3)Clarifies that nothing in this bill limits the authority of
SWRCB or RWQCBs to establish requirements in addition to the
BMPs.
4)Requires SWRCB to establish criteria for the submittal of the
"no exposure certification" requirement for plastic
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manufacturing and processing facilities subject to NPDES
permitting requirements, as follows:
a) The criteria shall include specific procedures,
controls, and BMPs necessary to achieve zero discharge of
preproduction plastic from the facilities;
b) The certification shall be required annually;
c) "No exposure" means that all industrial materials and
activities are protected by a storm resistant shelter;
d) If a facility is granted certification, the facility is
not required to comply with the BMPs established pursuant
to this bill, unless required by SWRCB or a RWQCB.
5)Requires SWRCB to establish a fee schedule to fund the bill's
requirements.
6)Requires SWRCB and RWQCBs to comply with the bill's
requirements by January 1, 2009.
FISCAL EFFECT : Unknown.
COMMENTS :
1)Background
According to the USEPA, marine debris has become a problem along
shorelines, coastal waters, estuaries, and oceans throughout the
world. It is commonly defined as any man-made, solid material
that enters our waterways directly or indirectly. Objects
ranging from detergent bottles, plastic bags, paper cups,
preproduction plastic, hazardous medical wastes, cigarette butts
and discarded fishing line all qualify as marine debris. In
addition to being unsightly, it poses a serious threat to
everything with which it comes into contact. Marine debris can
be life threatening to marine organisms and can wreak havoc on
coastal communities and the fishing industry.
In general, there are two types of marine debris that pollute
our ocean and coastline in California. The first is from ocean
sources, and includes waste discharged by ships, recreational
boaters and fishermen, and offshore oil and gas exploration and
production facilities. The second, and by far more
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environmentally destructive, type of marine debris is from the
land. This type of debris includes stormwater runoff, solid
waste, floating structures, poorly maintained garbage bins and
dumps and is transmitted to the marine environment by waterways.
Land based litter constitutes nearly 80% of the marine debris
found on our beaches and oceans, and 90% of it is plastic.
When debris from the land reaches the beaches and ocean, marine
life is often threatened because they confuse the debris for
food. Small pieces of preproduction plastic, plastic cups,
bags, and cigarette filters are often found in the stomachs of
fish, birds, whales, and other marine creatures.
Recent studies by the Algalita Marine Research Foundation and
the Southern California Coastal Water Research Project have
found that the average mass of plastics in the seawater off the
coast of Long Beach is two and a half times greater than the
average mass of plankton. After storms with excessive runoff,
the mass of plastics is even greater. A similar study over
seawater 1,000 miles west of San Francisco found the mass of
plastics was six times the mass of plankton in drifts where
marine animals congregate for feeding on plankton.
According to the author's office, approximately 60 billion
pounds of preproduction plastic is manufactured annually in the
US. These plastics are discharged into waterways during
transport, packaging, and processing when proper housekeeping
practices are not employed. Because of their small size, these
materials are not generally captured through traditional storm
water catch basins.
2)Operation Clean Sweep
The plastics industry attempted to address the release of
preproduction plastics into the marine environment by developing
a voluntary program called Operation Clean Sweep. This program,
developed by the Society of Plastics Industry and the American
Plastics Council, developed BMPs to reduce discharges of
preproduction plastic through proper handling and cleanup.
Where implemented, Operation Clean Sweep has been shown to
reduce the release of preproduction plastic; however, the
program is voluntary and many plastic manufacturers and
processors have chosen not to implement its recommendations.
3)Total Maximum Daily Loads
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According to USEPA, a TMDL is a calculation of the maximum
amount of a pollutant that a waterbody can receive and still
meet water quality standards, and an allocation of that amount
to the pollutant's sources. Water quality standards are
established by state and identify the uses for each waterbody,
for example, drinking water supply, contact recreation
(swimming), and fishing, and the scientific criteria to support
that use. A TMDL is the sum of the allowable loads of a single
pollutant from all contributing point and nonpoint sources.
One of the smaller categories of pollutants that affect TMDLs is
"trash TMDLs" or waterbodies that are considered to be impaired
due to trash. Under a consent decree, the USEPA must establish
TMDLs for trash in all impaired waters in the state. TMDLs have
already been established by the Los Angeles RWQCB for the Los
Angeles River and the Ballona Creek Watershed requiring that the
amount of trash be drastically reduced to protect water quality
and beneficial uses.
REGISTERED SUPPORT / OPPOSITION :
Support
Algalita Marine Research Foundation
Baykeeper
Californians Against Waste
California League of Conservation Voters
Coastkeeper Alliance
Defenders of Wildlife
Environment California (co-sponsor)
John Garamendi, Lieutenant Governor (co-sponsor)
Heal the Bay (co-sponsor)
Newport Beach Chapter of the Surfrider Foundation
Ocean Conservation Society
Planning and Conservation League
San Diego Coastkeeper (co-sponsor)
Santa Monica Baykeeper
Sierra Club California
Opposition
Stop Hidden Taxes Coalition
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
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319-2092