BILL ANALYSIS
AB 1942
Page 1
ASSEMBLY THIRD READING
AB 1942 (Lowenthal)
As Amended April 19, 2004
Majority vote
ENVIRONMENTAL SAFETY 7-0
APPROPRIATIONS 21-0
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|Ayes:|Laird, Aghazarian, Chu, |Ayes:|Chu, Runner, Bates, Berg, |
| |Levine, Lowenthal, | |Calderon, Corbett, |
| |Hancock, Leslie | |Correa, Daucher, |
| | | |Firebaugh, Goldberg, |
| | | |Haynes, Keene, Leno, |
| | | |Nation, Negrete McLeod, |
| | | |Oropeza, Pavley, |
| | | |Ridley-Thomas, Wesson, |
| | | |Wiggins, Yee |
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SUMMARY : Increases the types of facility modifications that may
be processed under a Class 1* modification procedure.
Specifically, this bill :
1)Authorizes the owner or operator of a permitted facility to
change the facility structures or equipment as a Class 1*
permit modification, pursuant to the regulations adopted by
the California Department of Toxic Substance Control (DTSC),
if: a) DTSC determines that change necessary to comply with
requirements or the request of a state or federal agency or an
air quality management or air pollution control district; and,
b) the change will decrease risks to human health and safety
or the environment.
2)Makes technical changes to delete obsolete language
referencing DTSC operations before final federal certification
of the state's hazardous waste management program.
EXISTING LAW :
1)Requires hazardous waste facilities to operate under permits
issued by DTSC. DTSC issues a hazardous waste facilities
permit for a fixed term, which cannot exceed 10 years for any
land disposal facility, storage facility, incinerator, or
other treatment facility.
AB 1942
Page 2
2)Allows the owner or operator of a permitted hazardous waste
facility to change facility structures or equipment without
modifying the facility's hazardous waste facilities permit, if
the change to the structure or equipment is not within a
permitted unit, or if the structure or equipment is not
actively related to the treatment, storage, or disposal of
hazardous waste, or the secondary containment of those
hazardous wastes.
3)Allows for permit modifications of the structure or the
equipment within the permitted unit pursuant to various
classes of permit modifications, which have different notice,
information and review criteria. Class 1 are generally
smaller modifications and fewer regulatory requirements than
Class 2 and Class 3. Class 1 modifications do not allow for
modifications to the facility structure or equipment that
would result in an increase in the permitted capacity of the
hazardous waste management unit. Class 1 approvals require
notice to DTSC before the change is made, but it does not
require advance DTSC approval. Notice to the public need only
be made to a mailing list for the facility maintained by DTSC
within 90 days of when the change is made.
4)States that there is a subgroup of the Class 1 modifications.
Class 1* is different from the Class 1 in that it requires
DTSC approval before the modification is made. It also
requires that the facility notify the mailing list within
seven days of filing the modification with DTSC and it must
also be noticed in a major local paper.
FISCAL EFFECT : According to Assembly Appropriations Committee
analysis:
1)Minor one-time costs, probably less than $75,000 in fiscal
year (FY) 2004-05, to DTSC to develop regulations governing
use of the streamlined permit modification process. [Hazardous
Waste Control Account (HWCA)].
2)Potential moderate ongoing savings to DTSC resulting from
DTSC'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 3
the streamlined permit modification process for changes to
facility structures or equipment (General Fund, various state
special funds, and local funds).
COMMENTS : The sponsor of this bill, DeMenno/Kerdoon, introduced
this bill to conditionally relax DTSC permit modification
requirements a hazardous waste facility owner or operator must
satisfy before making certain changes to facility structures or
equipment.
The sponsor suggests that the facility modification permit
process could be made more efficient without increasing the risk
to surrounding community. Ordinarily, a direct change to the
facility structure or the processing equipment would require the
more involved Class 2 or Class 3 permit modification process.
The sponsor suggests that when a facility is required by another
agency to upgrade their equipment, it is to make the facility
more environmentally sound, so the neighborhood would benefit
more quickly by an expedited process. In addition, the sponsor
notes that the expedited modification process cannot lead to an
expansion in the facility's capacity, and it is predicated on
DTSC making the determination that the modification is necessary
to respond to another agency's requirements, and that the change
will decrease risks to human health and safety or the
environment.
Analysis Prepared by : Michael B. Endicott / E.S. & T.M. /
(916) 319-3965
FN: 0005216