BILL ANALYSIS �
SB 712
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 712 (Lara) - As Amended: June 19, 2014
Policy Committee: Environmental
Safety and Toxic Materials Vote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill establishes deadlines for the Department of Toxic
Substance Control (DTSC) to issue final decisions on a hazardous
waste facility operating under an interim status permit.
Specifically, this bill:
1)Requires DTSC to issue a final permit decision prior to
December 31, 2015 on a permit renewal application for a
hazardous waste treatment facility operating under an interim
permit issued on or prior to January 1, 1986.
2)Terminates any interim permit status granted for a hazardous
waste facility five years from the date on which the status
was granted.
3)Allows DTSC to temporarily suspend the operation of a facility
operating under an interim permit in order to protect public
health and safety or the environment.
FISCAL EFFECT
1)No additional costs in 2014-15 and 2015-16 for DTSC to permit
one facility operating on an interim status permit (Exide
Technologies in Vernon, CA).
2)Unknown, likely minor, costs for permitting future facilities
operating on interim status permits (special fund).
COMMENTS
1)Purpose. According to the author, the Exide Technologies
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battery recycling facility in Vernon recycles lead from used
automotive batteries and has a long history of hazardous waste
violations. Exide is currently operating under an interim
permit issued in 1981. It is the only facility of the 117
facilities permitted by DTSC subject to the federal Resource
Conservation and Recovery Act (RCRA).
According to the author, this bill will require hazardous
waste facilities that have been operating under an interim
permit from DTSC for an extended period of time to achieve
compliance with federal and state hazardous waste laws. This
bill will also limit the amount of time future facilities can
operate under an interim permit to five years.
2)Background. The California Hazardous Waste Control Act
requires facilities handling hazardous waste to obtain a
permit from DTSC. In addition, the Act requires an
owner/operator of a facility intending to renew the facility's
permit to submit a completed permit renewal application to
DTSC prior to the expiration of the permit. A hazardous waste
facility may continue to operate under a grant of interim
status pending a DTSC review and consideration of a permit
application.
The United States Environmental Protection Agency (US EPA)
authorized states to issue permits to all hazardous waste
management facilities before the RCRA program became effective
in November 1980. RCRA establishes provisions to treat
certain facilities as though they had been issued a permit
until final administrative action was taken on their permit
applications. This statutory grant of a permit is referred to
as "interim status."
3)Exide Technologies Plant. According to the DTSC, the Exide
Technologies operation is an existing secondary lead smelting
facility which recycles lead. The facility recovers and
reprocesses lead from used automotive batteries and other
sources. About 85% of the lead recycled at the facility is
derived from used automobile batteries, with the remaining 15%
consisting of other batteries and scrap lead. About 22
million automotive batteries are processed annually at the
facility.
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In March 2013, the South Coast Air Quality Management District
(SCAQMD) found that the Exide Plant's emissions contained high
levels of arsenic, which contribute to an increased cancer
risk to those at and around the facilities in the surrounding
communities including Maywood, Huntington Park, Commerce, and
Boyle Heights. The SCAQMD announced that as a result of its
findings, Exide would be required to prepare a risk reduction
plan to reduce its harmful emissions, and to hold meetings in
the affected communities notifying them of the risks they had
been exposed to.
DTSC ordered that operations at the plant be suspended, citing
unsafe conditions related to deteriorated systems for the
handling and disposal of contaminated wastewater. As a result,
operations at the plant were temporarily suspended (April
2013) by DTSC. Exide, however, appealed the action, and the
plant was allowed to resume operations.
DTSC then entered into an agreement with Exide that required
Exide to spend $7.7 million for a new water runoff system and
improvements to reduce arsenic emissions. In December 2013,
the DTSC released reports showing that high lead and arsenic
levels had been detected in several residential areas around
the plant.
4)Related Legislation. SB 812 (De Le�n) modifies the permitting
process for hazardous waste facilities and establishes permit
application and processing deadlines. This bill is scheduled
to be heard in this committee on August 6, 2014.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081