BILL ANALYSIS
AB 2562
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Date of Hearing: April 27, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
AB 2562 (Fuentes) - As Introduced: February 19, 2010
SUBJECT : Landfill gas: vinyl chloride.
SUMMARY : Eliminated the requirement for landfill gas, which is
sold to a gas corporation, to meet Public Utilities Commission
(PUC) safety standards for vinyl chloride contamination.
Specifically, this bill :
1)Removes current requirement on landfill gas that is sold,
transported, or used by a gas corporation to meet the PUC
vinyl chloride safety standards, except for gas produced at
Class 1 hazardous waste facilities.
2)Removes the current requirement that landfill gas be tested
twice monthly for cancer causing and reproductive toxicants
for landfills, except for Class 1 hazardous waste facilities.
EXISTING LAW : Generally establishes standards and testing
requirements for landfill gas sold to gas corporations.
Specifically, existing law:
1)Prohibits the sale, supply or use of landfill gas by a gas
corporation unless the gas meets the "no significant risk"
level established by the PUC, (Health and Safety Code Section
25421).
2)Requires that landfill gas be tested twice a month to
determine that no identified reproductive toxicants or cancer
causing chemicals are present in the gas. The results of
these tests must be provided to the local air pollution
control district.
3)Prohibits gas corporations from exposing a person to landfill
gas that has been found to contain chemicals know to the State
of California to cause cancer or reproductive toxicity without
providing a clear warning of the hazards of exposure to these
chemicals.
FISCAL EFFECT : Not known.
AB 2562
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COMMENTS:
1)According to the author, this bill is sponsored by Cambrian
Energy Development LLC, a California-based leading developer
of landfill gas-to-energy projects. The bill is designed to
restrict the application of Health and Safety Code Sections
25420 - 25422 to only Class I hazardous waste landfills in
California and thereby remove the existing impediment to the
development of a very large biomethane resource that is
currently being wasted in California. The sponsors believe
that the testing requirements and vinyl chloride standards
resulted in all three California local gas distribution
companies including in their gas tariffs an absolute
prohibition on the acceptance of any gas derived from landfill
gas.
2)Opponents object to the bill, "?because of the high risk that
Class II and III landfill gases would add carcinogens to the
gas system, field-demonstrated, online reliable monitoring
technology would be necessary for landfill gas constituents,
such as vinyl chloride, prior to allowing it to enter the
utility system. Sempra Energy recommends that landfill gas
not be allowed onto the utility pipeline system, prior to the
completion of a Gas Transmission Institute (GTI) study on the
impacts of landfill gas. The GTI study will develop a
reliable landfill gas quality specification to ensure that
landfill gas entering the natural gas transmission system is
based on a solid scientific understanding of the potential
health effects"
3)Vinyl Chloride : According to the US EPA<1> most vinyl
chloride is used to make polyvinyl chloride (PVC) plastic and
vinyl products. Acute exposure to high levels of vinyl
chloride in air has resulted in central nervous system
effects, such as dizziness, drowsiness, and headaches in
humans. Chronic exposure to vinyl chloride through inhalation
and oral exposure in humans has resulted in liver damage.
Cancer is a major concern from exposure to vinyl chloride via
inhalation, as vinyl chloride exposure has been shown to
increase the risk of a rare form of liver cancer in humans.
US EPA has classified vinyl chloride as a Group A human
---------------------------
<1> . Agency for Toxic Substance and Disease Registry,
Toxicological Profile for Vinyl Chloride(Update), Public Health
Service, U.S. Department of Health and Human Services, Atlanta,
Ca. 1997
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carcinogen.
1)What is landfill gas composed of ? According to the US EPA,
municipal landfill gas typically contains 45% to 60% methane
and 40% to 60% carbon dioxide. Landfill gas also includes
small amounts of nitrogen, oxygen, ammonia, sulfides,
hydrogen, carbon monoxide, and non-methane organic compounds
(NMOCs) commonly found in landfills include acrylonitrile,
benzene, 1,1-dichloroethane, 1,2-cis dichloroethylene,
dichloromethane, carbonyl sulfide, ethyl-benzene, hexane,
methyl ethyl ketone, tetrachloroethylene, toluene,
trichloroethylene, vinyl chloride, and xylenes.
4)PUC Vinyl Chloride - Gas Standard<2> . The PUC adopted
standards for vinyl chloride in landfill gas in 1992.
Specifically, the PUC standards provide that:
a) No regulated gas utility shall knowingly purchase
landfill gas if that landfill gas, when supplied to any
existing gas customer, contains vinyl chloride in a
concentration greater than 1,170 parts per billion by
volume.
b) A gas utility desiring to purchase landfill gas with a
vinyl chloride content that exceeds the Commission adopted
standard shall file an application with the commission.
The application shall demonstrate that dilution of landfill
gas exceeding the Commission's standard with other natural
gas in the utility's system shall not result in any
customer receiving gas with a vinyl chloride concentration
level exceeding the Commission's standard.
5)Issues:
a) Gas from Class I toxic waste sites . This bill maintains
the current testing requirements for gas produced at Class
I landfills while eliminating the testing requirements for
municipal solid waste sites. Class 1 landfills are
hazardous waste disposal sites and current do not have gas
extraction systems for energy generation. Since hazardous
--------------------------
<2> Ca Public Utilities Commission, Standards for Gas Service ,
General Order No. 58a, December 16, 1992
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waste disposal sites are not involved in producing
commercial gas the language to limit this program to Class
1 sites effectively removes all requirements for vinyl
chloride testing.
b) Landfill gas can meet the current PUC standards: The
current PUC standard of vinyl chloride is 1.170 ppm.
According to the sponsors of this bill, landfill gas
contains vinyl chloride but the gas that is treated
currently meets that PUC standard. Given that the safety
standard established by the PUC can be met with existing
technology it is unclear what the need is for removing the
current statutory PUC vinyl chloride standard.
c) This may be a contract issue, not a public health issue :
California gas corporations are apparently unwilling to
purchase landfill gas in part, due to the fear of
contamination from NMOCs including vinyl chloride. Remove
the requirements to test and meet the PUC standards will
not necessarily make gas corporations more likely to allow
landfill gas into the gas system.
REGISTERED SUPPORT / OPPOSITION :
Support
Cambrian Energy Development (sponsor)
Waste Management
SCS Engineers
Guild Associates
Shell Energy North America
Cornerstone Environmental
Montauk Energy Capital
Opposition
Sierra Club
Californians Against Waste
Southern California Gas Company
San Diego Gas & Electric
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965