BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          SB 162 (Galgiani) - Treated wood waste: disposal.
          
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          |Version: May 5, 2015            |Policy Vote: E.Q. 7 - 0         |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: May 18, 2015      |Consultant: Marie Liu           |
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          This bill meets the criteria for referral to the Suspense File. 


          Bill  
          Summary:  SB 162 would extend the sunset date that allows  
          treated wood waste (TWW) to disposed of in a class II or III  
          landfill so long as alternative management standards,  
          established by the Department of Toxic Substance Control (DTSC)  
          are maintained to January 1, 2020.


          Fiscal  
          Impact:  
           Annual costs of $600,000 for two years from the Hazardous  
            Waste Control Account (special) for required inspections and  
            reporting requirements.
           Unknown annual costs for two years with the first year costs  
            likely being a minimum of $150,000, to identify, then inspect,  
            TWW generators that are not required to report to DTSC under  
            existing regulations.


          Background:  The Hazardous Waste Control Act, which is administered by  







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          DTSC, requires the registration, licensure, and permitting of  
          hazardous waste generators, transporters and storage, and  
          transfer and disposal facilities.
          Existing law establishes special rules for the disposal of TWW  
          that is considered hazardous waste solely due to the presence of  
          a preservative in the wood (HSC§ 25150.7). Specifically, TWW  
          must be disposed of either in a class I hazardous waste landfill  
          or in a composite-lined portion of a class II or III landfill  
          that meets specific requirements. The specific requirements  
          include that the TWW is managed in a way to prevent scavenging,  
          there has been no verified releases of TWW from the landfill,  
          and the management of the TWW before disposal has followed  
          alternative management standards established by DTSC.


          The wood preserving industry, in consultation with DTSC, is  
          required to make certain information available to construction  
          contractors, solid waste landfills, and transporters through a  
          toll-free telephone number, website, or label on the treated  
          wood.


          DTSC is required to consult with the Department of Resources,  
          Recycling, and Recovery (CalRecycle), the State Water Resources  
          Control Board, and the Office of Environmental Health Hazard  
          Assessment when developing or updating alternative management  
          standards for TWW. These standards must have, at a minimum,  
          specified content. DTSC is prohibited from adopting regulations  
          that impose additional requirements on the disposal of TWW and  
          from exceeding any of the statutory requirements for TWW  
          disposal.




          Proposed Law:  
            This bill would allow TWW to continue to be disposed of in a  
          class II or III landfill, so long as alternative management  
          standards established by DTSC are maintained, until January 1,  
          2020.  
          This bill would delete the prohibition on DTSC from imposing  
          additional requirements or exceeding the statutory requirements  
          for TWW disposal.









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          DTSC would be required to report to the Legislature by January  
          1, 2018, regardling compliance with the TWW disposal  
          requirements. Specifically the report would be required to  
          include rates of compliance, information on injury associated  
          with handling TWW, an evaluation of the adequacy of protective  
          measures, data on the unauthorized disposal of TWW, and  
          recommendations for changes to the handling of TWW that is  
          protective of public health and the environment. For the  
          purposes of this report, DTSC would be required to inspect a  
          representative number of TWW generator sites and disposal  
          facilities. That representative number must at least be 25% of  
          each type of site or facility in the state.




          Staff  
          Comments:  This complete the report required by this bill, DTSC  
          would be required to inspect at least 25% of TWW generator sites  
          and disposal facilities. DTSC notes that there are 430  
          generators of TWW that report to them, 200 transfer stations,  
          and 45 landfills. To conduct a minimum of 167 inspections, DTSC  
          anticipates needing four PYs (three Environmental Scientists and  
          one Senior Environmental Scientist) for two years at an annual  
          cost of $580,000. 
          DTSC notes that under their regulators, generators are only  
          required to report to the department if they generate more than  
          10,000 lbs or more of TWW per year. However the bill requires  
          that 25% of all generators be inspected. To fully comply with  
          the bill, DTSC would need additional funds to first identity  
          these smaller TWW generators and then to inspect them. As it is  
          unknown how many TWW generators are not required to report under  
          current regulations, these costs are unknown. However, staff  
          estimates that just to identify the TWW generators is likely to  
          take 1 PY at an approximate cost of $150,000 for one year.




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