BILL ANALYSIS Ó
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1325
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|Author: |De León |
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|Version: |4/12/2016 |Hearing |4/20/2016 |
| | |Date: | |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Rachel Machi Wagoner |
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SUBJECT: Hazardous waste: facilities: postclosure plans.
ANALYSIS:
1)Under the federal Resource Conservation and Recovery Act
(RCRA) of 1976, governs the disposal of hazardous waste:
a) Through regulation, sets standards for the treatment,
storage, transport, tracking and disposal of hazardous
waste in the United States.
b) Authorizes states to carry out many of the functions
of the federal law through their own hazardous waste laws
if such programs have been approved by the United States
Environmental Protection Agency (US EPA).
2)Under the California Hazardous Waste Control Act (HWCA) of
1972:
a) Establishes the Hazardous Waste Control program;
b) Regulates the appropriate handling, processing and
disposal of hazardous and extremely hazardous waste to
protect the public, livestock and wildlife from hazards to
health and safety.
c) Implements federal tracking requirements for the
handling and transportation of hazardous waste from the
point of waste generation to the point of ultimate
disposition.
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d) Establishes a system of fees to cover the costs of
operating the hazardous waste management program.
e) Authorizes the Department of Toxic Substances Control
(DTSC) to enforce federal law and regulations under RCRA.
f) Requires DTSC to grant and review permits and enforce
HWCA requirements for hazardous waste treatment, storage
and disposal facilities for both facilities in operation
and those closed and post closure.
i) California Code of Regulations Title 22 CCR 66264
implements hazardous waste permitting requirements,
including closure/post closure requirements for
California hazardous waste facilities.
g) Provides DTSC the authority to impose post closure plan
requirements through an enforcement order or an enforceable
agreement.
This bill:
1. Removes the sunset date of 2009 for the use of enforcement
order or enforceable agreements by DTSC to impose post
closure plan requirements
2. Requires DTSC to adopt new regulations for review,
oversight and enforcement of closure and post closure of
hazardous waste facilities plans.
Background
1. Permitting hazardous waste storage, treatment, and disposal
facilities and closure/post closure: DTSC is responsible
for the review of RCRA and non-RCRA hazardous waste permit
applications to ensure the safe design and operation;
issuance/denial of operating permits; issuance of post
closure permits; approval/denial of permit modifications;
issuance/denial of emergency permits; review and approval of
closure plans; closure oversight of approved closure plans;
issuance/denial of variances; assistance to regulated
industry on permitting matters; and public involvement.
As of 2015, there were 118 DTSC permitted hazardous waste
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facilities in California. These facilities include: 44
storage sites, 43 treatment facilities, 3 disposal sites, and
28 post-closure sites.
A facility closure plan demonstrates that hazardous materials
at a closed facility have been transported, disposed of, or
reused in a manner which eliminates the need for further
maintenance and any threat to public health and safety or the
environment.
California follows the federal rules for closure and
post-closure rules of hazardous waste treatment, storage, and
disposal facilities (TSDFs). However, the state has adopted
more stringent requirements for notification, time allowed
for closure, and disposal restrictions. In addition, the
state requires a variance for any on-site post-closure
construction activity and has additional closure and
post-closure rules for specific TSDFs.
Cal/EPA's DTSC enforces the TSDF closure and post-closure
requirements in California.
2. DTSC Permitting Enhancement Work Plan (PEWP): In 2014,
DTSC developed PEWP to improve DTSC's permitting program and
to ensure that the problems of the past do not resurface in
the future. The PEWP will serve as a comprehensive work plan
for DTSC's efforts to improve the permitting program's
ability to issue protective, timely, and enforceable permits
using more transparent standards and consistent procedures.
Key provisions of the PEWP include:
Clear and updated permitting standards and decision
making criteria;
Increased and early public participation;
Enhanced enforcement actions; and,
Developing new and more effective engagement
strategies for communities overburdened by multiple
pollution sources.
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1. Exide Technologies, Vernon, California. The Exide facility
in Vernon, California was one of two secondary lead smelting
facilities in California which recovered lead from recycled
automotive batteries.
The facility was used for a variety of metal fabrication and
metal recovery operations since 1922. Previous owners have
included Morris P. Kirk & Sons, Inc., NL Industries, Gould
Inc., and GNB Inc.
The facility in Vernon has been operating with an interim
hazardous waste facility permit since 1981.
In recent years, the Exide facility has brought to light the
failings of DTSC's Permitting Program. Over the 30 years
that the facility operated with an interim permit, there were
many violations of the permit as well as other regulatory
standards, such as those by the South Coast Air Quality
Management District, which caused environmental damage and
risk to public health.
In March, 2015 it was announced that an agreement was reached
between the United States Department of Justice and Exide
Technologies to permanently close the battery recycling
facility in Vernon, CA, and in order to avoid criminal
prosecution, Exide Technologies further agreed to a
stipulation and order with DTSC to complete remediation
activities as specified in the stipulation and order issued
by DTSC.
This example of a failed process calls into question whether
the statutory authorizations, requirements and direction to
DTSC is adequate to ensure that the program runs correctly
and is appropriately protective of public health and the
environment, especially in the vulnerable communities where
there are permitted facilities.
Additionally, it calls into question whether there are other
facilities that may currently be similarly causing harm to
the communities in which they are located.
On April 7, 2016, the Senate approved AB 118 (Santiago) which
appropriates $176.6 million from the Toxic Substances Control
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Account to provide cleanup and investigation of properties
contaminated by lead in communities surrounding the Exide
Technologies facility in the City of Vernon and other related
activities.
Comments
1) Purpose of Bill. DTSC has not updated its regulations
related to closure/post-closure requirements in 20 years. As
we have discovered with the closure of the Exide facility in
Vernon, California, and the Senate's on-going oversight of
DTSC and its permitting program, there is a great risk of
long-term environmental damage and potential public health
exposures and harm from some of these facilities. Much new
technology and knowledge about the activities at these
facilities and their potential closures has been developed in
the last 20 years, especially the impacts to our most
vulnerable and disadvantaged communities. Current practices
for closure/post closure requirements should be reviewed and
new regulations developed to ensure the appropriate
regulatory oversight tools are used to protect human health
and the environment.
Related/Prior Legislation
SB 673 (Lara, Chapter 611, Statutes of 2015) revises the
Department of Toxic Substances Control's (DTSC) permitting
process and public participation requirements for hazardous
waste facilities by creating the Community Oversight Committee
and by revising the statutes related to permitting regulation.
SB 712 (Lara, Chapter 833, Statutes of 2014) requires the
Department of Toxic Substances Control (DTSC), on or before
December 31, 2015, to issue a final permit decision on an
application for a hazardous waste facilities permit that is
submitted by a facility operating under a grant of interim
status on or before January 1, 1986, by either issuing a final
permit or a final denial of the application.
SB 812 (De León, 2014) would have required DTSC to adopt
regulations by January 1, 2017, to specify conditions for new
permits and the renewal of existing permits, as specified, and
establishes deadlines for the submission and processing of
facility applications, as specified. SB 812 was vetoed by
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Governor Brown.
SOURCE: Author
SUPPORT:
None received
OPPOSITION:
None received
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