BILL ANALYSIS Ó SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Bob Wieckowski, Chair 2015 - 2016 Regular Bill No: SB 385 Hearing Date: 4/15/2015 ----------------------------------------------------------------- |Author: |Hueso | |----------+------------------------------------------------------| |Version: |4/7/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |Yes |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Rachel Machi Wagoner | |: | | ----------------------------------------------------------------- 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, SB 385 (Hueso) Page 2 of ? 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 SB 385 (Hueso) Page 3 of ? 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. SB 385 (Hueso) Page 4 of ? 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. SB 385 (Hueso) Page 5 of ? 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 SB 385 (Hueso) Page 6 of ? 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 SB 385 (Hueso) Page 7 of ? 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 SB 385 (Hueso) Page 8 of ? 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." -- END --