BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                       SB 1325|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |

                                   THIRD READING 

          Bill No:  SB 1325
          Author:   De León (D) 
          Amended:  4/12/16  
          Vote:     21 

           AYES:  Wieckowski, Hill, Jackson, Leno, Pavley
           NO VOTE RECORDED:  Gaines, Bates

           AYES:  Lara, Beall, Hill, McGuire, Mendoza, Nielsen
           NOES:  Bates

           SUBJECT:   Hazardous waste:  facilities:  postclosure plans

          SOURCE:    Author
          DIGEST:   This bill removes the sunset date of 2009 for the use  
          of enforcement order or enforceable agreements by the Department  
          of Toxic Substances Control (DTSC) to impose postclosure plan  
          requirements and requires DTSC to adopt new regulations for  
          review, oversight and enforcement of closure and postclosure of  
          hazardous waste facilities plans.


          Existing law:

          1)Governs, under the federal Resource Conservation and Recovery  
            Act (RCRA) of 1976, the disposal of hazardous waste:


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             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)Enacts the California Hazardous Waste Control Act (HWCA) of  
            1972 which:

             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  

             d)   Establishes a system of fees to cover the costs of  
               operating the hazardous waste management program.

             e)   Authorizes 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  


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               and those closed and postclosure.

               i)     California Code of Regulations Title 22 66264  
                 implements hazardous waste permitting requirements,  
                 including closure/postclosure requirements for California  
                 hazardous waste facilities.

             g)   Provides DTSC the authority to impose postclosure plan  
               requirements through an enforcement order or an enforceable  

          This bill:  

          1)Removes the sunset date of 2009 for the use of enforcement  
            order or enforceable agreements by DTSC to impose postclosure  
            plan requirements.

          2)Requires DTSC to adopt new regulations for review, oversight  
            and enforcement of closure and postclosure of hazardous waste  
            facilities plans.


          1)Permitting hazardous waste storage, treatment, and disposal  
            facilities and closure/postclosure. 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 postclosure  
            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.


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            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 postclosure 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  

            California follows the federal rules for closure and  
            postclosure 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 postclosure construction  
            activity and has additional closure and postclosure rules for  
            specific TSDFs.

            California Environmental Protection Agency's DTSC enforces the  
            TSDF closure and postclosure 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;


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                 Increased and early public participation;

                 Enhanced enforcement actions; and,

                 Developing new and more effective engagement strategies  
               for communities overburdened by multiple pollution sources.

          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  


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            activities as specified in the stipulation and order issued by  

            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,  
            Chapter 10) which appropriates $176.6 million from the Toxic  
            Substances Control 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.


         1)Purpose of bill.  DTSC has not updated its regulations related  
            to closure/postclosure requirements in 20 years.  As  
            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/postclosure requirements should be reviewed and new  
            regulations developed to ensure the appropriate regulatory  
            oversight tools are used to protect human health and the  


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          Prior Legislation

          SB 673 (Lara, Chapter 611, Statutes of 2015) revises DTSC's  
          permitting process and public participation requirements for  
          hazardous waste facilities by creating the Community Oversight  
          Committee and by revising the statutes related to permitting  

          SB 712 (Lara, Chapter 833, Statutes of 2014) requires 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  
          Governor Brown.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No

          According to the Senate Appropriations Committee:

           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  


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            fees, which DTSC notes could be offset by lower processing  

          SUPPORT:   (Verified5/27/16)

          None received

          OPPOSITION:   (Verified5/27/16)

          None received


          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          5/28/16 17:00:36

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