BILL ANALYSIS Ó
AB 2205
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Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 2205 (V. Manuel Perez) - As Introduced: February 23, 2012
SUBJECT : Geothermal hazardous waste: extraction of commercial
substances.
SUMMARY : Specifies that hazardous waste produced in connection
with the extraction of commercial substances from geothermal
waste is not subject to permitting requirements by the
Department of Toxic Substances Control (DTSC).
EXISTING LAW:
1)Requires that a Notice of Intent to Commence Drilling must be
filed and approved by the Division of Oil, Gas, and Geothermal
Resources before drilling a geothermal well. (Public Resources
Code § 3724).
2)Authorizes the State Water Resources Control Board (SWRCB) and
Regional Water Quality Control Boards (RWQCBs) to regulate
geothermal waste. (Water Code §13000, et seq.).
3)Authorizes DTSC to regulate waste generated during geothermal
energy production, requires DTSC to establish standards and
regulations for the management of hazardous wastes to protect
against the hazards to public health, domestic livestock,
wildlife and the environment. (Health and Safety Code §25100
et seq.).
4)Exempts from regulation by DTSC, geothermal wastes from the
exploration, development, and production of geothermal energy,
if such wastes are contained within the operating system of
that same facility. (Health & Safety Code §25143.1).
5)Requires the wastes to be "contained" on site at an operating
geothermal production facility and requires the removal of
geothermal waste that is relocated for drying within 30 days.
(Health & Safety Code §25143.1).
FISCAL EFFECT : Not known.
COMMENTS :
AB 2205
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Need for the bill: According to the author, "this bill seeks to
clarify that existing regulations and exemptions that apply to
geothermal plants also apply to new processes that extract
materials from geothermal waste in connection with that plant in
a closed-loop system. The proposed amendment is intended to
provide certainty to both geothermal developers and extraction
companies, ensuring that neither party's geothermal exemption
will be imperiled due to the extraction of beneficial commercial
substances".
This bill was proposed by the technology firm Simbol Materials
Inc., which engages in the production and supply of lithium,
manganese, and zinc battery chemicals in the United States. It
also provides lithium carbonate for use in electrolytes for
electric vehicle batteries and other energy storage
applications. Simbol Materials Inc. Simbol Materials is
proposing a project for mineral extraction in the Salton Sea
area of the Imperial County from geothermal brine to collect
commercial materials including lithium, manganese and zinc.
Geothermal power plant operations . Geothermal power plants use
super-heated geothermal brine pumped from below the earth's
surface to heat boilers that drive steam turbines, generating
renewable electricity. After being used to heat the boilers,
the cooled brine is injected back underground to recharge the
geothermal resource, creating a closed loop system. Geothermal
plants, particularly those near the Salton Sea, often filter
materials out of the brine to avoid fouling their equipment and
to enable the brine to be pumped back into the resource more
easily.
Flash geothermal steam plants, the kind found in the Imperial
Valley, bring up hot water brines with levels of toxic and
radioactive substances that are often sufficiently high to be
considered hazardous. When the resulting steam is then
condensed to brine, it may contain up to 30% of its weight as
dissolved solids. This hot brine is then treated to separate
out the solids, known as filter cake. At a temperature of about
200 degrees Fahrenheit, the resulting brine is then sent to
outdoor pools where still more solids precipitate out. Finally,
the remaining fluids are re-injected into the underground
reservoir. The solid residues are tested on site by the
company, and any hazardous filter cake is sent to a hazardous
waste facility.
AB 2205
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Regulation of geothermal brine . According to documents filed by
the SWRCB relative to geothermal permits, the United States
Environmental Protection Agency (US EPA) proposed hazardous
waste management standards that included reduced requirements
for several types of large volume wastes including geothermal
waste. Subsequently, Congress exempted these wastes from the
Resource Conservation and Recovery Act (RCRA), Subtitle C
hazardous waste regulations. Among the wastes covered by the
1978 proposal were "gas and oil drilling muds and oil production
brines." The oil and gas exemption was expanded in 1980 to
include drilling fluids and produced water, from crude oil,
natural gas and geothermal wells. The extended list of exempt
wastes includes "hydrogen sulfide abatement wastes from
geothermal energy production" and "well completion, treatment
and stimulation fluids."
In California, DTSC has been granted primary enforcement
authority for hazardous waste regulation by US EPA. Geothermal
wastes, however, are exempt from regulation as hazardous waste
by Health & Safety Code, Title 22, and section 25143.1,
subdivision (a) which provides: "Any geothermal waste resulting
from drilling for geothermal resources is exempt from the
requirements of this chapter because the disposal of these
geothermal wastes is regulated by the California Regional Water
Quality Control Boards."
In 2006, questions raised about DTSC's jurisdiction over
geothermal plants led to the current language for the exemption.
To avoid duplicative regulation by RWQCBs and DTSC, Assembly
Bill 1294 (Ducheny) Chapter 143, Statutes of 2006 , clarified
that any waste from the operation of a geothermal energy plant
was also exempt from DTSC regulation, in addition to the
existing exemption for waste from drilling.
Related legislation :
AB 1620 (Wieckowski) provides for an exemption from DTSC
hazardous waste treatment permitting for low risk waste
management practices including separation of air and particulate
matter by physical means and compaction of compatible waste by
physical means to reduce volume. AB 1620 was approved by the
Assembly and is awaiting action in the Senate.
REGISTERED SUPPORT / OPPOSITION :
AB 2205
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Support:
Brawley Chamber of Commerce
CleanTECH
EnergySource
Simbol Materials (Sponsor)
The Geothermal Energy Association
The Imperial Irrigation District
Opposition:
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965