BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1942
                                                                  Page  1

          Date of Hearing:   May 5, 2004 

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                  AB 1942 (Lowenthal) - As Amended:  April 19, 2004 

          Policy Committee:                              Environmental  
          Safety & Toxic Materials                      Vote: 7-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill conditionally relaxes Department of Toxic Substances  
          Control (DTSC) permit modification requirements a hazardous  
          waste facility owner or operator must satisfy before making  
          changes to facility structures or equipment.  Specifically, this  
          bill allows these changes under the DTSC's relatively  
          less-stringent Class 1* permit modification process if the  
          department determines both of the following:

          1)The changes are needed to comply with requirements or a  
            request of a state or federal agency or a local air district;  
            and

          2)The changes decrease the risk to human health and safety or  
            the environment related to management of hazardous wastes in  
            the structure or equipment being modified.

           FISCAL EFFECT  

          1)Minor one-time costs, probably less than $75,000 in FY  
            2004-05, to the DTSC to develop regulations governing use of  
            the streamlined permit modification process.  (Hazardous Waste  
            Control Account (HWCA).)

          2)Potential moderate ongoing savings to the DTSC resulting from  
            the department's use of a less-stringent permit modification  
            process for qualified hazardous waste facility changes.   
            (HWCA.)

          3)Moderate ongoing savings to state and local agencies that own  
            or operate permitted hazardous waste facilities and that seek  








                                                                  AB 1942
                                                                  Page  2

            the streamlined permit modification process for changes to  
            facility structures or equipment.  (GF, various state special  
            funds, and local funds.)

          COMMENTS  

           1)Rationale  .  This bill is sponsored by DeMenno/Kerdoon, a  
            corporation that operates a large hazardous waste treatment  
            facility in the City of Compton (Los Angeles County).  The  
            author and the sponsor contend that changes made at the  
            facility should be subject to a less-stringent permit  
            modification process if the changes respond to a state,  
            federal or local regulatory requirement or request and result  
            in reduced risk to public health, safety and the environment.
           
          2)DTSC Permit Modification Process  .  In general, when an owner  
            or operator of a hazardous waste facility permitted by the  
            DTSC needs to make a change to a facility structure or piece  
            of equipment, the owner or operator must notify and/or seek  
            DTSC approval for a permit modification.  Facility changes can  
            be made without permit modification if the change is not  
            within a permitted unit, or if the structure or equipment is  
            not involved in the treatment, storage, or disposal of  
            hazardous waste, or the containment of that waste.

            The DTSC's permit modification process is applied at three  
            levels of stringency.  While   Class 2 and Class 3  
            modifications involve more comprehensive facility changes or  
            changes that may directly affect the treatment, storage, or  
            disposal of hazardous waste, Class 1 and Class 1*  
            modifications are subject to considerably less DTSC oversight  
            and approval standards.  Class 1 modifications require prior  
            notice to the DTSC with public notice limited to notice  
            provided to interested parties on a department-maintained  
            mailing list.  Class 1* modifications require prior approval  
            of the DTSC, requires notice to the mailing list immediately  
            after notice is given to the department, and requires a notice  
            to be placed in a local newspaper

           Analysis Prepared by  :    Steve Archibald / APPR. / (916)  
          319-2081