BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 385|
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THIRD READING
Bill No: SB 385
Author: Hueso (D), et al.
Amended: 5/19/15
Vote: 27 - Urgency
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 4/15/15
AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley
SENATE JUDICIARY COMMITTEE: 7-0, 5/12/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Primary drinking water standards: hexavalent
chromium: compliance plan
SOURCE: Association of California Water Agencies
DIGEST: This bill allows water systems to apply to the State
Water Resources Control Board (SWRCB) for an extended compliance
period for the maximum contaminant level (MCL) for hexavalent
chromium (Chrom 6).
ANALYSIS:
Existing federal law, under the federal Safe Drinking Water Act
(SDWA) of 1974:
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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 SWRCB, Division of Drinking Water (Division),
formerly within the Department of Public Health (DPH), to
establish, regulate, and enforce primary drinking water
standards 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.
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4)Requires the State Department of Health Services (succeeded by
the California Department of 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 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 prohibits 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:
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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.
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
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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 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.
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.
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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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/26/15)
Association of California Water Agencies (source)
American Water Works Association
California Municipal Utilities Association
California Special Districts Association
California Water Association
Central Water Agency
City of Cathedral City
City of Indio
City of Rancho Mirage
City of Watsonville
Coachella Valley Association of Governments
Coachella Valley Water District
Consumer Attorneys of California
Desert Valleys Builders Association
Desert Water Agency
Heber Public Utilities District
Hidden Valley Lake Community Services District
Indio Water Authority
Metropolitan Water District of Southern California
Mission Springs Water District
Rancho Marcelino Water & Service Company
Regional Water Authority
Rio Linda-Elverta Water District
Sacramento Suburban Water District
San Diego County Water Authority
Santa Ynez River Water Conservation District
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Soquel Creek Water District
Upper San Gabriel Valley Municipal Water District
OPPOSITION: (Verified5/26/15)
None received
ARGUMENTS IN SUPPORT: According to the sponsor, "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 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
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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Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
5/27/15 13:54:18
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