BILL ANALYSIS                                                                                                                                                                                                    Ó

                                                                    SB 1325

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          1325 (De León)

          As Amended  August 18, 2016

          Majority vote

          SENATE VOTE:  30-1

          |Committee       |Votes|Ayes                   |Noes                 |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |Environmental   |7-0  |Alejo, Dahle,          |                     |
          |Safety          |     |Arambula,              |                     |
          |                |     |                       |                     |
          |                |     |                       |                     |
          |                |     |Beth Gaines, Gray,     |                     |
          |                |     |Lopez, McCarty         |                     |
          |                |     |                       |                     |
          |Appropriations  |20-0 |Gonzalez, Bigelow,     |                     |
          |                |     |Bloom, Bonilla, Bonta, |                     |
          |                |     |Calderon, Chang, Daly, |                     |
          |                |     |Eggman, Gallagher,     |                     |
          |                |     |Eduardo Garcia,        |                     |
          |                |     |Holden, Jones,         |                     |
          |                |     |Obernolte, Quirk,      |                     |
          |                |     |Santiago, Wagner,      |                     |
          |                |     |Weber, Wood, Chau      |                     |


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          |                |     |                       |                     |
          |                |     |                       |                     |

          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.  Deletes the January 1, 2009, sunset date which  
          authorized DTSC to impose post-closure plan requirements through  
          an enforcement order or an enforceable agreement.  Incorporates  
          language to avoid chaptering conflicts with the Resources Budget  
          trailer bills, AB 1611 (Committee on Budget) and SB 839  
          (Committee on Budget and Fiscal Review), both of the current  
          legislative session.

          EXISTING LAW:   

          1)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.  (Health and Safety Code (HSC) Section 25246)

          2)Authorizes DTSC, consistent with the federal Resource  
            Conservation and Recovery Act (RCRA), to impose the  
            requirements of a hazardous waste facility post-closure plan  
            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 Section  
            25247 (d)(1))


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

          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, enactment of this bill could result in one-time costs  
          of approximately $58,000 for DTSC to develop and adopt  
          regulations and unknown potential annual revenue losses  
          determined by whether owners or operators choose to pursue  
          post-closure permits or enforcement orders or enforceable  


          Need for the bill:  According to the author, "SB 1325 repeals an  
          obsolete law 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."

          Federal hazardous waste law:  RCRA gives the United States  
          Environmental Protection Agency (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 the 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  


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          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, the US EPA adopted a final  
          rule (40 Code of Federal Regulations (CFR) Parts 264, 265, 270  
          and 271) allowing alternatives to a permit for hazardous waste  
          management units subject to post-closure.  This final rule  
          allows the US EPA and authorized states to issue an enforceable  
          document in lieu of a post-closure permit.  

          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.  This  
          bill 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 regulatory process provides  
          a means for the public to participate in the development of the  
          regulation, including providing feedback on the mechanisms DTSC  
          may use for post-closure.

          Analysis Prepared by:                                             


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                          Josh Tooker / E.S. & T.M. / (916) 319-3965  FN: