BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                            Senator Bob Wieckowski, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 385            Hearing Date:    4/15/2015
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          |Author:   |Hueso                                                 |
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          |Version:  |4/7/2015                                              |
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          |Urgency:  |Yes                    |Fiscal:      |Yes             |
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          |Consultant|Rachel Machi Wagoner                                  |
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          Subject:  Primary drinking water standards:  hexavalent  
          chromium: compliance plan

            ANALYSIS:               
                                                         
          Existing federal law: under the federal Safe Drinking Water Act  
          (SDWA) of 1974,

             1.   Regulates the nation's public drinking water supply.

             2.   Requires the United States Environmental Protection  
               Agency (US EPA) to set national health-based standards for  
               drinking water.  

             3.   Authorizes states to apply to US EPA for primacy to  
               implement SDWA within their jurisdictions, if they can show  
               that they will adopt standards at least as stringent as US  
               EPA's and ensure compliance.  California is a primacy  
               state.

          Existing state law: under the California Safe Drinking Water Act  
          of 1996:
            
             1.   Requires the Office of Environmental Health Hazard  
               Assessment (OEHHA) to perform risk assessments and adopt  
               public health goals (PHGs) for contaminants in drinking  
               water based exclusively on public health considerations.

             2.   Requires the State Water Resources Control Board  
               (SWRCB), Division of Drinking Water (Division), formerly  
               within the Department of Public Health (DPH) to establish,  







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               regulate and enforce primary drinking water standards  
               (State Maximum Contaminant Levels, or MCLs). 

          Whereas PHGs are to be based solely on scientific and public  
          health considerations, drinking water standards adopted by the  
          Division are to consider economic factors and technical  
          feasibility.  Each primary drinking water standard MCL adopted  
          by the Division shall be set at a level that is as close as  
          feasible to the corresponding PHG, with emphasis on the  
          protection of public health.  Each primary drinking standard  
          adopted by the Division is required to be set at a level that is  
          as close as feasible to the corresponding PHG, with emphasis on  
          the protection of public health.  MCLs established by the  
          Division must be at least as stringent as the federal MCL, if  
          one exists.

             3.   Authorizes the Division to issue citations for the  
               failure to comply with a requirement of the California Safe  
               Drinking Water Act or any regulation, standard, permit or  
               order issued thereunder.  That citation often contains a  
               specific directive for required corrective action.

             4.   Requires the State Department of Health Services  
               (succeeded by the California Department or DPH and then  
               SWRCB) to adopt a primary drinking water standard for  
               hexavalent chromium by January 1, 2004.

          This bill:  

          1. Authorizes, until January 1, 2020, SWRCB, at the request of a  
             public water system that prepares and submits a compliance  
             plan to SWRCB, to grant a period of time to achieve  
             compliance with the MCL for hexavalent chromium by approving  
             the compliance plan, as prescribed. 


          2. Requires a public water system to provide specified notice  
             regarding the compliance plan to its customers and the public  
             water system to send written status reports to SWRCB. 


          3. Provides that a public water system is not deemed in  
             violation of the MCL for hexavalent chromium while  
             implementing an approved compliance plan or while SWRCB  








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             action on its proposed and submitted compliance plan is  
             pending.


          4. Authorizes SWRCB to direct revisions to a compliance plan if  
             SWRCB makes certain determinations and would prohibit a  
             public water system from being granted a period of time to  
             achieve compliance under certain circumstances, including if  
             the public water system does not submit a revised compliance  
             plan or the revised compliance plan is disapproved. 


          5. Authorizes SWRCB to implement, interpret, or make specific  
             these provisions by means of criteria, published on its  
             Internet Web site. 


          Background
          
          Chromium is a natural element that occurs in two basic forms:   
          chromium-3 and chromium-6.  Chromium-3 is an essential nutrient  
          with a daily amount of 50-200 micrograms/day for adults.  While  
          at very high doses it may have acute health effects, there is no  
          evidence that it is carcinogenic.  Chromium-6, on the other  
          hand, is a known carcinogen.
          
          Hexavalent chromium, also called chromium 6, came to the  
          public's attention with the 2000 release of the movie Erin  
          Brockovich, which told the story of the hexavalent chromium  
          contamination of the drinking water in Hinkley, California.

          Hexavalent chromium is a heavy metal used in producing pigments,  
          leather tanning, electroplating, metal processing, wood  
          preservation, and in alloys such as stainless steel.  It was  
          also used to inhibit corrosion in cooling towers -- the use that  
          contaminated Hinkleys water by the Pacific Gas and Electric  
          Company.   

          Drinking water sources can become contaminated by leaks and  
          discharges from industrial facilities and hazardous waste sites.

          Since that time hexavalent chromium has been detected in 2,475  
          California drinking water sources. These sources are spread  
          throughout 51 out of 58 counties. 








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          In order to protect public health, and because the federal  
          government had not adopted an MCL for hexavalent chromium, the  
          California Legislature passed SB 351 (Ortiz) Chapter 602,  
          Statutes of 2001, requiring the development of a state drinking  
          water standard for hexavalent chromium by January 2004. 

          Where does hexavalent chromium come from? 
          
          Hexavalent chromium can be naturally occurring.  In addition to  
          natural sources, hexavalent chromium enters drinking water  
          sources through discharges of dye and paint pigments, wood  
          preservatives, chrome plating wastes, and leaching from  
          hazardous waste sites.  Communities near chromium waste disposal  
          sites or chromium manufacturing and processing plants are at  
          particular risk of exposure.  Probably the most impacted people  
          are workers exposed on the job. 

          What are the health effects of hexavalent chromium? 
          
          Hexavalent chromium is a carcinogen and a reproductive toxicant  
          for both males and females.  As a result, it was added to  
          California's Proposition 65 list of toxic substances in December  
          2008.  Exposure to hexavalent chromium occurs through breathing,  
          ingestion, and contact with the skin.  Although most of the  
          known health impacts are related to inhalation, there is now  
          strong data linking ingestion of hexavalent chromium, such as  
          through drinking water, to severe health effects.  In addition  
          to cancer and reproductive harm, short and long-term exposures  
          can lead to eye and respiratory irritation, asthma attacks,  
          nasal ulcers, dermal burns, anemia, acute gastroenteritis,  
          vertigo, gastrointestinal hemorrhage, convulsions, ulcers, and  
          damage or failure of the liver and kidneys.  

          Hexavalent Chromium PHG.

          In 2013, OEHHA published a PHG for hexavalent chromium of 0.02  
          parts per billion (ppb) or micrograms per liter (g/L) in  
          drinking water. OEHHA reviewed the available data on the  
          toxicity of hexavalent chromium and has identified the PHG level  
          as protective against all identified toxic effects from both  
          oral and inhalation exposure to hexavalent chromium that may be  
          present in drinking water. 









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          Hexavalent Chromium MCL.


          As part of the rulemaking process, in August 2013 DPH proposed  
          an MCL for chromium-6 of 0.010 milligram per liter (equivalent  
          to 10 g/L).  The public comment period closed in October 2013.   
          DPH reviewed the comments submitted by interested parties and  
          responded to them in the final statement of reasons, which is  
          part of the final hexavalent MCL regulations package. 


          On April 15, 2014, DPH submitted the hexavalent chromium MCL  
          regulations package to the Office of Administrative Law (OAL)  
          for its review for compliance with the Administrative Procedure  
          Act. On May 28, OAL approved the regulations, which were  
          effective on July 1, 2014.


          Enforcement of an MCL.

          National drinking water standards are legally enforceable by the  
          regulatory agencies.  Both US EPA and states can take  
          enforcement actions against water systems not meeting safety  
          standards.  US EPA and states may issue administrative orders,  
          take legal actions and issue fines. 

          In the case of the MCL for hexavalent chromium, because it is a  
          California specific MCL, SWRCB would have enforcement  
          responsibility.  Should a water system be found out of  
          compliance with the MCL, SWRCB would likely take enforcement  
          action that would include an administrative order with specific  
          direction to the water system on actions needed to come into  
          compliance.

            Comments
          
          Purpose of Bill.  


             According to the author, "this bill will ensure that all  
             Californians have access to much safer drinking water.  SB  
             385 recognizes the steps that must be taken and creates a  
             path of transparency for water systems to be in compliance.   
             High levels of Chromium-6 in our water are unacceptable and I  








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             will push for the water systems to work towards achieving  
             their goals in a timely manner."

             The author states, "California's first in the nation drinking  
             water standard for Chromium-6 took effect on July 1, 2014.   
             Some water systems have been working for years to identify  
             and test cost effective treatment technologies for  
             chromium-6.  Many affected water systems will be deemed in  
             violation of the new standard in 2015 even though it is not  
             feasible to install appropriate treatment systems to comply  
             with the standard within the time provided.  For systems that  
             do need to install treatment, land may need to be acquired,  
             water rates may need to be raised, and financing may need to  
             be secured before construction facilities can even begin."

            Related/Prior Legislation

          SB 351 (Ortiz) Chapter 602, Statutes of 2001, required the State  
          Department of Health Services to adopt a primary drinking water  
          standard for hexavalent chromium by January 1, 2004.  Requires a  
          report on the progress of developing the standard to the  
          Legislature by January 1, 2003.

          Double Referral to Senate Judiciary Committee.  

          If this measure is approved by the Senate Environmental Quality  
          Committee, the do pass motion must include the action to  
          re-refer the bill to the Senate Judiciary Committee.  
           
            SOURCE:                    Association of California Water Agencies  

           SUPPORT:                
           American Water Works Association
          Central Water Agency
          City of Cathedral City
          City of Indio
          City of Rancho Mirage
          City of Watsonville
          California Municipal Utilities Association
          California Water Association
          Coachella Valley Water District
          Consumer Attorneys of California
          Desert Valleys Builders Association
          Hidden Valley Lake Community Services District








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          Mission Springs Water District
          Rio Linda-Elverta Water District
          Sacramento Suburban Water District
          San Diego County Water Authority
          Santa Ynez River Water Conservation District
          Soquel Creek Water District
           
           OPPOSITION:    
          None on file.  

           



          ARGUMENTS IN SUPPORT:    


          According to the sponsors, "Public water systems are committed  
          to meeting the standard, which is the first of its kind in the  
          nation, but the timeline provided for compliance does not  
          recognize the complex steps water systems must take to achieve  
          the standard. The steps involved - from designing appropriate  
          treatment systems to securing financing to building and testing  
          new treatment facilities - can take up to five years or more and  
          cost millions of dollars.

          "To address this challenge, ACWA is sponsoring SB 385 by Sen.  
          Ben Hueso (D-San Diego).  The bill would authorize the State  
          Water Resources Control Board (SWRCB) to grant a time-limited  
          compliance period to public water systems that meet strict  
          conditions and demonstrate they are taking needed steps to  
          comply with the standard by the earliest feasible date. 

          "For some public water systems, construction of extensive new  
          treatment facilities is needed to comply with the chromium-6  
          MCL.  The regulation establishing the standard required public  
          water systems to begin monitoring for chromium-6 by Jan. 1,  
          2015, just six months after the regulation went into effect.   
          Many affected water systems will be deemed in violation of the  
          new standard in 2015 even though it was not feasible to install  
          appropriate treatment systems to comply with the MCL within the  
          time period provided.  In some cases, land may need to be  
          acquired, water rates may need to be raised, and financing may  
          need to be secured before construction of facilities can even  








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          begin.

          "SB 385 would provide a time-limited process for a water system  
          to work toward compliance without being deemed in violation as  
          long as strict safeguards are met."
          


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