BILL ANALYSIS AB 258 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator S. Joseph Simitian, Chairman 2007-2008 Regular Session BILL NO: AB 258 AUTHOR: Krekorian AMENDED: July 9, 2007 FISCAL: Yes HEARING DATE: July 10, 2007 URGENCY: No CONSULTANT: Rachel Machi SUBJECT : WATER QUALITY: PLASTIC DISCHARGES SUMMARY : 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, provides funding and education programs to reduce beverage container litter. 4)Under the Integrated Waste Management Act of 1989 (Act), 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, requires the state to identify a list of impaired water-bodies and develop and AB 258 Page 2 implement Total Maximum Daily Loads (TMDLs) for impaired water bodies. 6)Under the Porter-Cologne Water Quality Control Act, 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 establishes a plastic debris eradication program to reduce the amount of preproduction plastics entering the marine environment by: 1)Defining "preproduction plastic" as plastic resin pellets, powdered coloring for plastics, plastic additives, plastic materials, and plastic fragments. 2)Requiring the State Water Resources Control Board (SWRCB) and regional water quality control boards (RWQCBs) to implement a program to control discharges of preproduction plastic by January 1, 2009. 3)Requiring SWRCB, in developing the program, to consult with any RWQCB, with plastic manufacturing, handling, and transportation facilities located within the RWQCB's jurisdiction, which has already voluntarily implemented a program to control discharges of preproduction plastic. 4)Requiring SWRCB to establish criteria for the submittal of the "no exposure certification" requirement for plastic manufacturing and processing facilities subject to the NPDES permitting requirements. If a facility is granted certification, the facility is not required to comply with the Best Management Practices (BMPs) established pursuant to this bill, unless required by SWRCB or a RWQCB. 5)Requiring entities that manufacture, handle, distribute or transport preproduction plastic to apply for coverage under a general permit for storm water discharges associated with industrial activities and pay applicable permitting fees. AB 258 Page 3 COMMENTS : 1)Purpose of the bill . According to the author, 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)Background . According to 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 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. AB 258 Page 4 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. 3)Total Maximum Daily Loads . 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 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 and beneficial uses. 4)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, because the program is voluntary and many plastic manufacturers and processors have chosen not to implement AB 258 Page 5 its recommendations, AB 258 will put in place uniform requirements that will better prevent preproduction plastics from entering the marine environment. SOURCE : Heal the Bay, Environment California, Lieutenant Governor John Garamendi, San Diego Coastkeeper SUPPORT : Algalita Marine Research Foundation Ballona Creek Renaissance Baykeeper California Animal Association California Coastal Commission California League of Conservation Voters Californians Against Waste Coastkeeper Alliance Defenders of Wildlife Environment California John Garamendi, Lieutenant Governor Marin County Board of Supervisors Newport Beach Chapter of Surfrider Foundation Ocean Conservation Society Planning and Conservation League San Diego Coastkeeper Santa Monica Baykeeper Sierra Club California Surf Industry Manufacturers Association World Centric 1 individual OPPOSITION : Stop Hidden Taxes Coalition