BILL ANALYSIS Ó
SB 812
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Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 812 (De Leon) - As Amended: June 24, 2014
Policy Committee: Environmental
Safety and Toxic Materials Vote: 5-1
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill revises the Department of Toxic Substance Control's
(DTSC) permitting process and public participation requirements
for hazardous waste facilities. Specifically, this bill:
1)Requires DTSC to adopt regulations by January 1, 2016 to
specify conditions for new permits and the renewal of existing
permits as specified. Establishes deadlines for the
submission and processing of facility applications as
specified. Requires DTSC to adopt regulations by January 1,
2016 to specify the necessary financial assurance required to
receive a permit.
2)Terminates an interim status granted for a facility on or
after January 1, 2015 five years from the date it was granted
or on the date DTSC takes a final action, whichever is
earlier.
3)Requires DTSC to contract with an independent third party for
testing and verification that a hazardous waste release is
abated and the site is remediated.
4)Requires DTSC to updates its website to include Spanish
translation of facility permits, facility status and DTSC's
evaluation of permitting criteria, and evaluations or findings
that support permitting decisions.
5)Establishes the DTSC Citizens Oversight Committee to receive
and review allegations of misconduct from the public, and
establishes the Bureau of Internal Affairs to oversee DTSC and
investigate department conduct.
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6)Requires the Secretary of CalEPA to appoint the director of
the Bureau of Internal Affairs. Requires the Citizens
Oversight Committee to be comprised of 13 members appointed by
the Governor (five members), Senate Rules Committee (four
members) and Speaker of the Assembly (four members.) Members
of the Citizens Oversight Committee receive per diem and serve
at the pleasure of the respective appointing authorities.
7)Requires the Citizens Oversight Committee to review
allegations of misconduct from the Bureau of Internal Affairs.
Requires the Bureau of Internal Affairs to forward the
disposition of allegations to the Citizens Oversight Committee
as well as post on the website.
FISCAL EFFECT
1)Increased costs to DTSC, from the Hazardous Waste Control
Account (HWCA), of over $6 million for Spanish translation for
existing permit information and newly required website
postings.
2)Increased costs to DTSC, from the HWCA, of approximately $2.8
million to administer and staff the Bureau of Internal
Affairs. This bill requires the Bureau to operate
independently from DTSC.
3)Increased costs to DTSC, from the HWCA, of approximately $1.2
million to administer and staff the Citizens Oversight
Committee. This bill requires the Committee to operate
independently from DTSC.
4)Increased costs to DTSC, from the HWCA, of approximately $1.1
million to meet permit renewal processing deadlines.
5)Increased costs to DTSC, from the HWCA, of approximately
$600,000 to develop permit criteria regulations and financial
assurance regulations.
6)Increased costs to DTSC, from the HWCA, of approximately
$450,000 to post expanded information on the website (English)
and provide pre-permit public notice and comment periods.
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7)Minor costs of approximately $50,000 to DTSC from the HWCA for
third-party testing.
COMMENTS
1)Purpose. According to the author, some hazardous waste
facilities are emitting toxic hazardous waste, including lead,
mercury, and arsenic. Many facilities have been operating
under expired permits for decades. According to the author,
this bill will strengthen the hazardous waste regulatory
system and result in the closure of noncompliant facilities.
2)Background. The California Hazardous Waste Control Act
requires facilities handling hazardous waste to obtain a
permit from DTSC. There are currently 118 DTSC-permitted
hazardous waste facilities in California including: 44 storage
sites; 43 treatment facilities; three disposal sites; and 28
post-closure sites.
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. Permits expire after 10 years, but a facility is
allowed to operate past this due date while DTSC considers the
permit renewal application. There are currently 24 facilities
operating under "continued permits."
3)Interim Permits. The United States Environmental Protection
Agency (US EPA) authorized states to issue permits to all
hazardous waste management facilities before the Resource
Conservation and Recovery Act (RCRA) federal 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."
One permit of the 117 is an interim permit for a facility
owned by Exide Technologies in Vernon, California. The interim
permit was first issued in 1981. Over the last 30 years, while
there have been some steps taken to get the facility under a
regular permit, regular permit has not yet been issued.
4)Related legislation. SB 712 (Lara) establishes deadlines for
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DTSC to take final action on permit applications from
hazardous waste facilities operating under a grant of interim
status. SB 712 will be heard by this committee August 6,
2014.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081