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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