BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1325|
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THIRD READING
Bill No: SB 1325
Author: De León (D)
Amended: 4/12/16
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16
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.
ANALYSIS:
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
disposition.
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
agreement.
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.
Background
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
environment.
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
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,
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.
Comments
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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environment.
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
regulation.
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
costs.
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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