BILL ANALYSIS Ó SB 1325 Page 1 Date of Hearing: June 28, 2016 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Luis Alejo, Chair SB 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 permit. 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. SB 1325 Page 2 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 SB 1325 Page 3 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 (d)(1)) 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. COMMENTS: 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 process. 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 SB 1325 Page 4 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 SB 1325 Page 5 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 SB 1325 Page 6 the public to participate in the development of the regulation, including providing feedback on the mechanisms DTSC may use for post-closure. REGISTERED SUPPORT / OPPOSITION: Support None on file. Opposition None on file. Analysis Prepared by:Josh Tooker / E.S. & T.M. / (916) 319-3965