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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