BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 162 (Galgiani) - Treated wood waste: disposal. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 5, 2015 |Policy Vote: E.Q. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: May 18, 2015 |Consultant: Marie Liu | | | | ----------------------------------------------------------------- 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 SB 162 (Galgiani) Page 1 of ? 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. SB 162 (Galgiani) Page 2 of ? 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. -- END -- SB 162 (Galgiani) Page 3 of ?