BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1325 (De León) - Hazardous waste: facilities: postclosure
plans
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|Version: April 12, 2016 |Policy Vote: E.Q. 5 - 0 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 9, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1325 removes the 2009 sunset date for the use of an
enforcement order or enforceable agreements by the Department of
Toxic Substance Control (DTSC) to impose post closure plan
requirements on hazardous waste facilities. The bill would also
require DTSC to adopt new regulations for review, oversight, and
enforcement of closure and post closure of hazardous waste
facilities plans.
Fiscal
Impact:
Unknown, but likely minimal costs, to DTSC to develop
regulations to impose postclosure plan requirements.
Up to a $287,000 (special fund) annual reduction in permitting
fees, which DTSC notes could be offset by lower processing
costs. (See staff comments).
Background:1. DTSC is responsible for the review of federal Resource
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Conservation and Recovery Act (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
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. DTSC enforces the TSDF closure and post-closure
requirements in California.
Proposed Law:
This bill:
1. Removes the 2009 sunset date for the use of an enforcement
order or enforceable agreements by DTSC to impose post
closure plan requirements
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2. Requires DTSC to adopt new regulations for review,
oversight, and enforcement of closure and post closure of
hazardous waste facilities plans.
Related
Legislation: SB 673 (Lara, Chapter 611, Statutes of 2015)
revised the 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) required the 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
established deadlines for the submission and processing of
facility applications, as specified. SB 812 was vetoed by
Governor Brown.
Staff
Comments: DTSC estimates that, on average, it collects $287,000
per year from postclosure permit applications and renewals.
However, that is a rough estimate based upon the prior 10 years
of activity. It is difficult to predict how many facilities plan
to close and thus apply for postclosure permits.
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