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
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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
(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
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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
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