Amended in Senate April 6, 2015

Senate BillNo. 673


Introduced by Senator Lara

February 27, 2015


An act to amend Sectionbegin delete 40001end deletebegin insert 25187.2 of, to add Sections 25200.21 and 25200.23 to, and to add and repeal Article 8.8 (commencing with Section 25199.20) of Chapter 6.5 of Division 20end insert ofbegin insert,end insert the Health and Safety Code, relating tobegin delete nonvehicular air pollution.end deletebegin insert hazardous waste.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 673, as amended, Lara. begin deleteAir districts: rules and regulations. end deletebegin insertHazardous waste.end insert

begin insert

(1) The Hazardous Waste Control Law, among other things, authorizes the Department of Toxic Substances Control to regulate the generation and disposal of hazardous waste.

end insert
begin insert

  This bill would establish, until January 1, 2021, the DTSC Community Oversight Committee within the department and require the committee to make recommendations to the department to increase public participation in, and the transparency of, the department’s decisionmaking, and to serve as a resource and liaison for communities and residents in communication with the department. The bill would require the department, by July 1, 2018, to adopt additional criteria, as specified, for use in determining whether to issue a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, and to develop and implement programmatic reforms designed to improve the protectiveness, timeliness, legal defensibility, and enforceability of the department’s permitting program.

end insert
begin insert

(2) Existing law authorizes the Department of Toxic Substances Control to issue an order under the hazardous waste control laws requiring that a violation be corrected and imposing a civil penalty to specified persons, including a person who has violated various provisions regulating hazardous waste or provisions concerning removal and remedial actions for hazardous substance releases. A person who is issued that order is required to pay for oversight of the removal or remedial action. The existing Carpenter-Presley-Tanner Hazardous Substance Account Act, authorizes the department to take or oversee removal and remedial actions related to the release of hazardous substances.

end insert
begin insert

This bill would require a person to pay for oversight of any corrective action required of the person with respect to hazardous waste.

end insert
begin delete

Existing law requires air pollution control and air quality management districts to adopt and enforce rules and regulations to achieve and maintain the state and federal ambient air quality standards in all areas affected by emissions sources under their jurisdiction and requires those districts to enforce all applicable provisions of state and federal law.

end delete
begin delete

This bill would make technical, nonsubstantive changes to this provision.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 25187.2 of the end insertbegin insertHealth and Safety Codeend insert
2begin insert is amended to read:end insert

3

25187.2.  

If abegin delete removal or remedial action order issued pursuant
4to Section 25187 to a potentially responsible party requires aend delete
person
5begin insert is requiredend insert to take corrective action with respect to hazardous
6waste, that person shall pay for oversight of thebegin delete removal or
7remedialend delete
begin insert correctiveend insert action. This section does not prohibit the
8department or unified program agency from assessing any other
9penalty or recovering any costs for oversight of a removal or
10remedial action, pursuant to any other provision. Nothing in this
11section limits the due process requirements of Section 25187.

12begin insert

begin insertSEC. 2.end insert  

end insert

begin insertArticle 8.8 (commencing with Section 25199.20) is
13added to Chapter 6.5 of Division 20 of the end insert
begin insertHealth and Safety Codeend insertbegin insert,
14to read:end insert

begin insert

P3    1 

2Article begin insert8.8.end insert  DTSC Community Oversight Committee
3

 

4

begin insert25199.20.end insert  

(a) There is hereby established in the department,
5the DTSC Community Oversight Committee composed of 13
6members representing California residents affected by hazardous
7waste. The committee members shall not include representatives
8from the department or an entity regulated by the department
9pursuant to this chapter.

10(b) Members of the committees shall be appointed as follows:

11(1) Five members appointed by the Secretary for Environmental
12Protection.

13(2) Four members appointed by the Senate Committee on Rules.

14(3) Four members appointed by the Speaker of the Assembly.

15(c)  Each member of the committee shall serve at the pleasure
16of his or her appointing authority.

17(d) Beginning March 1, 2016, the committee shall meet at least
18three times during that year, then quarterly beginning in the 2017
19calendar year.

20(e) The committee shall do both of the following:

21(1) Make recommendations for changes in policies, procedures,
22and standards of the department to increase public participation
23in, and the transparency of, the department’s decisionmaking,
24including providing input to the director on ways to improve the
25department’s permitting of hazardous waste facilities and
26enforcement actions, particularly with regard to public
27participation and in communities identified pursuant to Section
2839711 that are burdened by multiple sources of pollution.

29(2) Serve as a resource and liaison for communities and
30residents in communication with the department, including
31reviewing the department’s current efforts and providing input to
32the director on ways to improve the department’s outreach to, and
33communication with, communities and stakeholders, to increase
34public participation in, and the transparency of, the department’s
35permitting process.

36(f) The department shall provide the committee with appropriate
37per diem compensation consistent with Section 19822.5 of the
38Government Code.

39

begin insert25199.21.end insert  

This article shall remain in effect only until January
401, 2021, and as of that date is repealed, unless a later enacted
P4    1statute, that is enacted before January 1, 2021, deletes or extends
2that date.

end insert
3begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 25200.21 is added to the end insertbegin insertHealth and Safety
4Code
end insert
begin insert, to read:end insert

begin insert
5

begin insert25200.21.end insert  

On or before January 1, 2018, the department shall
6adopt regulations establishing additional criteria that the
7department shall use to determine whether to issue a new permit
8or a renewal of a permit pursuant to this article. These criteria
9shall include, but are not limited to, all of the following:

10(a) Number and types of past violations that will result in a
11denial.

12(b) The vulnerability of, and existing health risks to, nearby
13populations. Vulnerability shall be assessed using the
14CalEnviroScreen tool, local and regional health risk assessments,
15the region’s federal Clean Air Act attainment status, and other
16indicators of community vulnerability, cumulative impact, and
17potential risks to health and well-being.

18(c) Minimum setback distances from sensitive receptors, such
19as schools, child care facilities, residences, hospitals, elder care
20facilities, and other sensitive locations.

21(d) Evidence of financial responsibility, qualifications of
22ownership, and continuity of ownership and operation.

23(e) Provision of financial assurances pursuant to Section
2425200.1.

25(f) Training of personnel in the safety culture and plans,
26emergency plans, and maintenance of operations.

end insert
27begin insert

begin insertSEC. 4.end insert  

end insert

begin insertSection 25200.23 is added to the end insertbegin insertHealth and Safety
28Code
end insert
begin insert, to read:end insert

begin insert
29

begin insert25200.23.end insert  

On or before July 1, 2018, the department shall
30develop and implement programmatic reforms designed to improve
31the protectiveness, timeliness, legal defensibility, and enforceability
32of the department’s permitting program, including strengthening
33environmental justice safeguards, enhancing enforcement of public
34health protections, and increasing public participation and
35outreach activities. In accomplishing these reforms, the department
36shall do all of the following:

37(a) Establish transparent standards and procedures for
38permitting decisions, including those that are applicable to permit
39revocation and denial.

P5    1(b) Establish terms and conditions on permits to better protect
2public health and the environment, including in imminent and
3substantial endangerment situations.

4(c) Employ consistent procedures for reviewing permit
5applications, integrating public input into those procedures, and
6making timely permit decisions.

7(d) Enhance public involvement using procedures that provide
8for early identification and integration of public concerns into
9permitting decisions, including concerns of communities identified
10pursuant to Section 39711.

end insert
begin delete
11

SECTION 1.  

Section 40001 of the Health and Safety Code is
12amended to read:

13

40001.  

(a)  Subject to the powers and duties of the state board,
14the districts shall adopt and enforce rules and regulations to achieve
15and maintain the state and federal ambient air quality standards in
16all areas affected by emission sources under their jurisdiction, and
17shall enforce all applicable provisions of state and federal law.

18(b)  The district rules and regulations may, and at the request
19of the state board shall, provide for the prevention and abatement
20of air pollution episodes that, at intervals, cause discomfort or
21health risks to, or damage to the property of, a significant number
22of persons or class of persons.

23(c)  Prior to adopting a rule or regulation to reduce criteria
24pollutants, a district shall determine that there is a problem that
25the proposed rule or regulation will alleviate and that the rule or
26regulation will promote the attainment or maintenance of state or
27federal ambient air quality standards.

28(d)  (1)  The district rules and regulations shall include a process
29to approve alternative methods of complying with emission control
30requirements that provide equivalent emission reductions,
31emissions monitoring, or recordkeeping.

32(2)  A district shall allow the implementation of alternative
33methods of emission reduction, emissions monitoring, or
34recordkeeping if a facility demonstrates to the satisfaction of the
35district that those alternative methods will provide equivalent
36performance. An alternative method of emission reduction,
37emissions monitoring, or recordkeeping proposed by the facility
38shall not violate other provisions of law.

39(3)  If a district rule specifies an emission limit for a facility or
40system, the district shall not set operational or effectiveness
P6    1requirements for any specific emission control equipment operating
2on a facility or system under that limit. An alternative method of
3emission reduction, emissions monitoring, or recordkeeping
4proposed by the facility shall include the necessary operational
5and effectiveness measurement elements that can be included as
6permit conditions by the district to ensure compliance with, and
7enforcement of, the equivalent performance requirements of
8paragraphs (1) and (2). Nothing in this subdivision limits the
9district’s authority to inspect a facility’s equipment or records to
10ensure operational compliance. This paragraph shall apply to
11existing rules and facilities operating under those rules.

end delete


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