BILL ANALYSIS                                                                                                                                                                                                    Ó

                                                                    SB 1325

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          Date of Hearing:  June 28, 2016


                                  Luis Alejo, Chair

          1325 (De León) - As Amended April 12, 2016

          SENATE VOTE:  30-1

          SUBJECT:  Hazardous waste:  facilities:  postclosure plans

          SUMMARY:  Requires the Department of Toxic Substances Control  
          (DTSC) to, on or before January 1, 2018, adopt regulations to  
          impose post-closure plan requirements on the owner or operator  
          of a hazardous waste facility through the issuance of an  
          enforcement order, an enforceable agreement, or a post-closure  
          permit.  Specifically, this bill:  

          1)Requires the DTSC to, on or before January 1, 2018, adopt  
            regulations to impose post-closure plan requirements,  
            consistent with federal law, on the owner or operator of a  
            hazardous waste facility through the issuance of an  
            enforcement order, an enforceable agreement or a post-closure  

          2)Deletes the January 1, 2009, sunset date which authorized DTSC  
            to impose post-closure plan requirements through an  
            enforcement order or an enforceable agreement.


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          EXISTING LAW:   

          1)Establishes the Resource Conservation and Recovery Act (RCRA),  
            which gives the authority to regulate the generation,  
            transporation, treatment, storage and disposal of hazardous  
            wastes to the United States Environmental Protection Agency  
            (US EPA).  (42 United States Code (U.S.C.) §  6901)

          2)Requires DTSC to adopt regulations and standards that specify  
            the financial assurances to be provided by the owner or  
            operator of a hazardous waste facility that are necessary to  
            provide for the cost of closure and subsequent maintance of  
            the facility; and provide that every hazardous waste facility  
            can be closed and maintained for at least 30 years subsequent  
            to its closure in a manner that protects human health and the  
            environment. (Health and Safety Code (HSC) §  25245)

          3)Requires each owner or operator of a hazardous waste facility  
            to submit a hazardous waste facility closure and post-closure  
            plan to DTSC and the California Regional Water Quality Control  
            Board for the region in which the facility is located.   
            Requires the closure and post-closure plan to contain the  
            owner's or operator's estimate of the cost of closure and  
            subsequent maintenance, and to conform to the regulations  
            adotped by DTSC. (HSC §  25246)

          4)Requires DTSC to review each closure and postclosure plan  
            submitted to DTSC and to approve the closure or post-closure  
            plan if DTSC finds that the plan complies with the regulations  
            adopted by DTSC. (HSC § 25247 (a))

          5)Authorizes DTSC, consistent with RCRA, to impose the  
            requirements of a hazardous waste facility post-closure plan  


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            on the owner or operator of a facility through the issuance of  
            an enforcement order, by entering into an enforceable  
            agreement, or by issuing a post-closure permit. (HSC § 25247  

          6)Authorizes DTSC to impose post-closure requirements through an  
            enforcement order or an enforceable agreement, until January  
            1, 2009. (HSC § 25247 (f)(1))

          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, enactment of this bill could result in up to $287,000  
          (special fund) annual reduction in permitting fees, which DTSC  
          notes could be offset by lower processing costs.


          Need for the bill: According to the author, "SB 1325 repeals an  
          obsolete law that that currently prohibits DTSC from imposing  
          hazardous waste closure requirements unless they are done as  
          part of an enforcement order.  The bill also directs DTSC to  
          adopt new closure requirements for hazardous waste facilities by  
          January 1, 2018.

            SB 1325, and closure/post-closure planning, is one of several  
            issues being examined by the Independent Review Panel   
            establish in the current year budget to recommend reforms of  
            the DTSC permitting, enforcement, and community outreach  

            The purpose of the bill is to remove impediments in current  
            law that make it more difficult for the department to ensure  
            that once a facility is closed, it has set aside funds,  
            insurance, surety bonds or other mechanisms to ensure  


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            hazardous materials onsite are cleaned up and removed."

          Federal hazardous waste law: The Resources Conservation and  
          Recovery Act (RCRA) gives the US EPA the authority to regulate  
          hazardous waste from the "cradle-to-grave."  This includes the  
          generation, transportation, treatment, storage, and disposal of  
          hazardous waste.  California is a RCRA authorized state, meaning  
          that DTSC implements RCRA in California on behalf of US EPA.  

          Closure and post-closure: When a hazardous waste management unit  
          stops receiving waste at the end of its active life, it must be  
          cleaned up, closed, monitored, and maintained in accordance with  
          the RCRA closure and post-closure care requirements.  All  
          hazardous waste management units, and the treatment, storage and  
          disposal facilities where they are located, are subject to  
          closure and post-closure requirements.  Post-closure care is  
          required for land disposal units that leave waste in place upon  
          closure (i.e., landfills, land treatment units, surface  
          impoundments, or any other hazardous waste management unit that  
          cannot achieve the clean closure standards).  These sites must  
          monitor and maintain liners, final covers, leachate collection  
          and removal systems, leak detection systems, and gas collection  
          system to protect the surrounding environment and population  
          from releases of hazardous constituents.  In California, DTSC  
          issues post-closure permits for these regulated hazardous waste  
          management units.

          RCRA post-closure rule: In 1998, US EPA adopted a final rule (40  
          CFR Parts 264, 265, 270 and 271) allowing alternatives to a  
          permit for hazardous waste management units subject to  


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          post-closure. This final rule allows US EPA and authorized  
          states to issue an enforceable document in lieu of a  
          post-closure permit.  In adopting the final rule, US EPA found  
          that, "Owners or operators of hazardous waste facilities often  
          have little incentive to seek a post-closure permit. Without a  
          strong incentive on the part of the facility owner or operator  
          to provide a complete application, the permitting process can be  
          significantly protracted.  To address environmental risk at such  
          facilities, US EPA Regions and states have utilized legal  
          authorities other than permits.  Use of enforcement actions  
          enables US EPA to place these facilities on a schedule of  
          compliance for meeting financial assurance and/or groundwater  
          monitoring requirements over a period of time."   

          DTSC Office of Permitting:  The DTSC Office of Permitting is  
          responsible for administering the Hazardous Waste Facility  
          Permitting Program established under Chapter 6.5 of the  
          California Health and Safety Code, and the RCRA.  The core  
          activities of the DTSC Office of Permitting include: review of  
          RCRA and non-RCRA hazardous waste permit applications to ensure  
          safe design and operation; issuance and denial of operating  
          permits; issuance of post-closure permits; approval and denial  
          of permit modifications; issuance and denial of emergency  
          permits; review and approval of closure plans; oversight of  
          approved closure plans; and providing public involvement on  
          issues related to permitted facilities. 

          This bill removes an impediment for DTSC to be able to use  
          additional legal mechanisms, other than a permit, for  
          post-closure care of hazardous waste management units.  SB 1325  
          requires DTSC to adopt regulations for post-closure requirements  
          and requires DTSC to include the issuance of an enforcement  
          order or an enforceable agreement as additional post-closure  
          management tools.  The regulation process provides a means for  


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          the public to participate in the development of the regulation,  
          including providing feedback on the mechanisms DTSC may use for  



          None on file.


          None on file.

          Analysis Prepared by:Josh Tooker / E.S. & T.M. / (916)