SB 1325: Hazardous waste: facilities: postclosure plans.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-26
Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified.
This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements.
This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.
Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified.
This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements.
This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.
Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified.
This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements.
This bill would incorporate additional changes to Section 25247 of the Health and Safety Code proposed by AB 1611 and SB 839 that would become operative if this bill and one or both of those bills are enacted and this bill is chaptered last.
Existing law requires the owner or operator of a hazardous waste facility to submit hazardous waste facility closure and postclosure plans to the Department of Toxic Substances Control and to the California regional water quality control board for the region in which the facility is located. Existing law requires the department to review those plans and to approve a plan if it finds that the plan complies with the regulations adopted by the department and all other applicable state and federal regulations. Existing law requires the department to impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of a postclosure permit, or, only until January 1, 2009, through an enforcement order or an enforceable agreement, except as specified.
This bill would restore the authority of the department to impose those requirements through an enforcement order or an enforceable agreement and would require the department, on or before January 1, 2018, to adopt regulations to impose postclosure plan requirements.
Existing law requires the Department of Toxic Substances Control, at least 30 days before initiating a removal or remedial action at a hazardous substance release site, to make a reasonable effort to notify the persons identified by the department as potentially responsible parties and to also publish a notification of the action in a newspaper of general circulation.
This bill would instead require the department to make those notifications at least 45 days before initiating a removal or remedial action.
Existing law requires the Department of Toxic Substances Control, at least 30 days before initiating a removal or remedial action at a hazardous substance release site, to make a reasonable effort to notify the persons identified by the department as potentially responsible parties and to also publish a notification of the action in a newspaper of general circulation.
This bill would instead require the department to make those notifications at least 45 days before initiating a removal or remedial action.
(a)The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b)The department shall not approve the plan until at least one of the following occurs:
(1)The plan has been approved pursuant to Section 13227 of the Water Code.
(2)Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3)The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c)Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d)(1)To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A)A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C)For the purposes of subparagraph (B), a significant modification is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2)This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3)If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4)In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A)File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B)Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C)Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e)Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f)On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g)If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the departments regulations for the issuance of postclosure permits.
(h)Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 1.5.Section 25247 of the Health and Safety Code is amended to read:25247.(a)The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b)The department shall not approve the plan until at least one of the following occurs:
(1)The plan has been approved pursuant to Section 13227 of the Water Code.
(2)Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3)The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c)Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d)(1)To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A)A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C)For the purposes of subparagraph (B), a significant modification is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2)This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3)If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4)In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A)File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B)Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C)Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e)Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f)On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g)If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the departments regulations for the issuance of postclosure permits.
(h)Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.
(a)The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b)The department shall not approve the plan until at least one of the following occurs:
(1)The plan has been approved pursuant to Section 13227 of the Water Code.
(2)Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3)The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c)Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d)(1)To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A)A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C)For the purposes of subparagraph (B), a significant modification is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2)This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3)If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4)In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A)File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B)Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C)Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e)Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f)On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g)If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the departments regulations for the issuance of postclosure permits.
(h)Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 1.5.Section 25247 of the Health and Safety Code is amended to read:25247.(a)The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b)The department shall not approve the plan until at least one of the following occurs:
(1)The plan has been approved pursuant to Section 13227 of the Water Code.
(2)Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3)The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c)Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d)(1)To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A)A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C)For the purposes of subparagraph (B), a significant modification is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2)This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3)If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, enter into a cost reimbursement agreement pursuant to Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4)In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A)File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B)Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C)Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e)Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f)On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g)If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the departments regulations for the issuance of postclosure permits.
(h)Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.
(a)The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b)The department shall not approve the plan until at least one of the following occurs:
(1)The plan has been approved pursuant to Section 13227 of the Water Code.
(2)Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3)The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c)Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d)(1)To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A)A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C)For the purposes of subparagraph (B), a significant modification is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2)This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3)If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4)In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A)File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B)Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C)Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e)Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f)On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g)If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the departments regulations for the issuance of postclosure permits.
(h)Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 1.5.Section 25247 of the Health and Safety Code is amended to read:25247.(a)The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b)The department shall not approve the plan until at least one of the following occurs:
(1)The plan has been approved pursuant to Section 13227 of the Water Code.
(2)Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3)The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c)Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d)(1)To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A)A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C)For the purposes of subparagraph (B), a significant modification is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2)This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3)If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4)In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A)File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B)Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C)Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e)Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f)(1)Except as provided in paragraphs (2) and (3), the department may only On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements through an enforcement order or an enforceable agreement pursuant to subdivision (d) until January 1, 2009. (d).
(2)This subdivision does not apply to an enforcement order or enforceable agreement issued prior to January 1, 2009, or an order or agreement for which a public notice is issued on or before January 1, 2009.
(3)This subdivision does not apply to the modification on or after January 1, 2009, of an enforcement order or enforceable agreement that meets the conditions in paragraph (2).
(g)If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the departments regulations for the issuance of postclosure permits.
(h)Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SEC. 2.Section 1.5 of this bill incorporates amendments to Section 25247 of the Health and Safety Code proposed by this bill, Assembly Bill 1611, and Senate Bill 839. It shall only become operative if (1) this bill and Assembly Bill 1611 or Senate Bill 839, or both of those bills, are enacted and become effective on or before January 1, 2017, (2) Assembly Bill 1611, Senate Bill 839, or both, as enacted, amend Section 25247 of the Health and Safety Code, and (3) this bill is enacted last of these bills that amend Section 25247 of the Health and Safety Code, in which case Section 25247 of the Health and Safety Code, as amended by Assembly Bill 1611 or Senate Bill 839, shall remain operative only until the operative date of this bill, at which time Section 1.5 of this bill shall become operative, and Section 1 of this bill shall not become operative.
(a)The department shall review each plan submitted pursuant to Section 25246 and shall approve the plan if it finds that the plan complies with the regulations adopted by the department and complies with all other applicable state and federal regulations.
(b)The department shall not approve the plan until at least one of the following occurs:
(1)The plan has been approved pursuant to Section 13227 of the Water Code.
(2)Sixty days expire after the owner or operator of an interim status facility submits the plan to the department. If the department denies approval of a plan for an interim status facility, this 60-day period shall not begin until the owner or operator resubmits the plan to the department.
(3)The director finds that immediate approval of the plan is necessary to protect public health, safety, or the environment.
(c)Any action taken by the department pursuant to this section is subject to Section 25204.5.
(d)(1)To the extent consistent with the federal act, the department shall impose the requirements of a hazardous waste facility postclosure plan on the owner or operator of a facility through the issuance of an enforcement order, entering into an enforceable agreement, or issuing a postclosure permit.
(A)A hazardous waste facility postclosure plan imposed or modified pursuant to an enforcement order, a permit, or an enforceable agreement shall be approved in compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(B)Before the department initially approves or significantly modifies a hazardous waste facility postclosure plan pursuant to this subdivision, the department shall provide a meaningful opportunity for public involvement, which, at a minimum, shall include public notice and an opportunity for public comment on the proposed action.
(C)For the purposes of subparagraph (B), a significant modification is a modification that the department determines would constitute a class 3 permit modification if the change were being proposed to a hazardous waste facilities permit. In determining whether the proposed modification would constitute a class 3 modification, the department shall consider the similarity of the modification to class 3 modifications codified in Appendix I of Chapter 20 (commencing with Section 66270.1) of Division 4.5 of Title 22 of the California Code of Regulations. In determining whether the proposed modification would constitute a class 3 modification, the department shall also consider whether there is significant public concern about the proposed modification, and whether the proposed change is so substantial or complex in nature that the modification requires the more extensive procedures of a class 3 permit modification.
(2)This subdivision does not limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety.
(3)If the department imposes a hazardous waste facility postclosure plan in the form of an enforcement order or enforceable agreement, in lieu of issuing or renewing a postclosure permit, the owner or operator who submits the plan for approval shall, at the time the plan is submitted, pay the same fee specified in subparagraph (F) of paragraph (1) of subdivision (d) of Section 25205.7, or enter into a cost reimbursement agreement pursuant to subdivision (a) of Section 25205.7 and upon commencement of the postclosure period shall pay the fee required by paragraph (9) of subdivision (c) of Section 25205.4. For purposes of this paragraph and paragraph (9) of subdivision (c) of Section 25205.4, the commencement of the postclosure period shall be the effective date of the postclosure permit, enforcement order, or enforceable agreement.
(4)In addition to any other remedy available under state law to enforce a postclosure plan imposed in the form of an enforcement order or enforcement agreement, the department may take any of the following actions:
(A)File an action to enjoin a threatened or continuing violation of a requirement of the enforcement order or agreement.
(B)Require compliance with requirements for corrective action or other emergency response measures that the department deems necessary to protect human health and the environment.
(C)Assess or file an action to recover civil penalties and fines for a violation of a requirement of an enforcement order or agreement.
(e)Subdivision (d) does not apply to a postclosure plan for which a final or draft permit has been issued by the department on or before December 31, 2003, unless the department and the facility mutually agree to replace the permit with an enforcement order or enforceable agreement pursuant to the provisions of subdivision (d).
(f)(1)Except as provided in paragraphs (2) and (3), the department may only impose postclosure plan requirements through an enforcement order or an enforceable agreement pursuant to subdivision (d) until January 1, 2009.
(2)This subdivision does not apply to an enforcement order or enforceable agreement issued prior to January 1, 2009, or an order or agreement for which a public notice is issued on or before January 1, 2009.
(3)This subdivision does not apply to the modification on or after January 1, 2009, of an enforcement order or enforceable agreement that meets the conditions in paragraph (2).
(f)On or before January 1, 2018, the department shall adopt regulations to impose postclosure plan requirements pursuant to subdivision (d).
(g)If the department determines that a postclosure permit is necessary to enforce a postclosure plan, the department may, at any time, rescind and replace an enforcement order or an enforceable agreement issued pursuant to this section by issuing a postclosure permit for the hazardous waste facility, in accordance with the procedures specified in the departments regulations for the issuance of postclosure permits.
(h)Nothing in this section may be construed to limit or delay the authority of the department to order any action necessary at a facility to protect public health or safety, or the environment.
SECTION 1.Section 25355 of the Health and Safety Code is amended to read:25355.(a) The Governor is responsible for the coordination of all state response actions for sites identified in Section 25356 in order to assure the maximum use of available federal funds.
(b) The director may initiate removal or remedial action pursuant to this chapter unless these actions have been taken, or are being taken properly and in a timely fashion, by a responsible party.
(c) (1) At least 45 days before initiating removal or remedial actions, the department shall make a reasonable effort to notify the persons identified by the department as potentially responsible parties and shall also publish a notification of this action in a newspaper of general circulation pursuant to the method specified in Section 6061 of the Government Code. This subdivision does not apply to actions taken pursuant to subdivision (b) of Section 25358.3 or immediate corrective actions taken pursuant to Section 25354. A responsible party may be held liable pursuant to this chapter whether or not the person was given the notice specified in this subdivision.
(2) (A) Notwithstanding subdivision (a) of Section 25317, a person may voluntarily enter into an enforceable agreement with the department pursuant to this subdivision that allows removal or remedial actions to be conducted under the oversight of the department at sites with petroleum releases from sources other than underground storage tanks, as defined in Section 25299.24.
(B) If the department determines that there may be an adverse impact to water quality as a result of a petroleum release, the department shall notify the appropriate regional board prior to entering into the enforceable agreement pursuant to subparagraph (A). The department may enter into an enforceable agreement pursuant to subparagraph (A) unless, within 60 days of the notification provided by the department, the regional board provides the department with a written notice that the regional board will assume oversight responsibility for the removal or remedial action.
(C) Agreements entered into pursuant to this paragraph shall provide that the party will reimburse the department for all costs incurred including, but not limited to, oversight costs pursuant to the enforceable agreement associated with the performance of the removal or remedial actions and Chapter 6.66 (commencing with Section 25269).
(d) The department shall notify the owner of the real property of the site of a hazardous substance release within 30 days after listing a site pursuant to Section 25356, and at least 30 days before initiating a removal or remedial action pursuant to this chapter, by sending the notification by certified mail to the person to whom the real property is assessed, as shown upon the last equalized assessment roll of the county, at the address shown on the assessment roll. The requirements of this subdivision do not apply to actions taken pursuant to subdivision (b) of Section 25358.3 or to immediate corrective actions taken pursuant to Section 25354.
(a) The Governor is responsible for the coordination of all state response actions for sites identified in Section 25356 in order to assure the maximum use of available federal funds.
(b) The director may initiate removal or remedial action pursuant to this chapter unless these actions have been taken, or are being taken properly and in a timely fashion, by any a responsible party.
(c) (1) At least 30 45 days before initiating removal or remedial actions, the department shall make a reasonable effort to notify the persons identified by the department as potentially responsible parties and shall also publish a notification of this action in a newspaper of general circulation pursuant to the method specified in Section 6061 of the Government Code. This subdivision does not apply to actions taken pursuant to subdivision (b) of Section 25358.3 or immediate corrective actions taken pursuant to Section 25354. A responsible party may be held liable pursuant to this chapter whether or not the person was given the notice specified in this subdivision.
(2) (A) Notwithstanding subdivision (a) of Section 25317, any a person may voluntarily enter into an enforceable agreement with the department pursuant to this subdivision that allows removal or remedial actions to be conducted under the oversight of the department at sites with petroleum releases from sources other than underground storage tanks, as defined in Section 25299.24.
(B) If the department determines that there may be an adverse impact to water quality as a result of a petroleum release, the department shall notify the appropriate regional board prior to entering into the enforceable agreement pursuant to subparagraph (A). The department may enter into an enforceable agreement pursuant to subparagraph (A) unless, within 60 days of the notification provided by the department, the regional board provides the department with a written notice that the regional board will assume oversight responsibility for the removal or remedial action.
(C) Agreements entered into pursuant to this paragraph shall provide that the party will reimburse the department for all costs incurred including, but not limited to, oversight costs pursuant to the enforceable agreement associated with the performance of the removal or remedial actions and Chapter 6.66 (commencing with Section 25269).
(d) The department shall notify the owner of the real property of the site of a hazardous substance release within 30 days after listing a site pursuant to Section 25356, and at least 30 days before initiating a removal or remedial action pursuant to this chapter, by sending the notification by certified mail to the person to whom the real property is assessed, as shown upon the last equalized assessment roll of the county, at the address shown on the assessment roll. The requirements of this subdivision do not apply to actions taken pursuant to subdivision (b) of Section 25358.3 or to immediate corrective actions taken pursuant to Section 25354.
|
Date
|
Status
|
|---|---|
| Jun 1, 2016 | In Assembly. Read first time. Held at Desk. |
| Sep 1, 2016 | Enrolled and presented to the Governor at 5 p.m. |
| Aug 26, 2016 | Assembly amendments concurred in. (Ayes 36. Noes 0.) Ordered to engrossing and enrolling. |
| Aug 26, 2016 | Assembly amendments concurred in. (Ayes 36. Noes 0. Page 5442.) Ordered to engrossing and enrolling. |
| Aug 22, 2016 | Read third time. Passed. (Ayes 79. Noes 0. Page 6024.) Ordered to the Senate. |
| Aug 22, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 22, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 18, 2016 | Read third time and amended. |
| Aug 18, 2016 | Ordered to third reading. |
| Aug 8, 2016 | Ordered to third reading. |
| Aug 8, 2016 | From consent calendar on motion of Assembly Member Calderon. |
| Aug 4, 2016 | Read second time. Ordered to consent calendar. |
| Aug 3, 2016 | From committee: Do pass. Ordered to consent calendar. (Ayes 20. Noes 0.) (August 3). |
| Jun 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on APPR. |
| Jun 6, 2016 | Referred to Com. on E.S. & T.M. |
| Feb 19, 2016 | Introduced. To Com. on RLS. for assignment. To print. |
| May 31, 2016 | Read third time. Passed. (Ayes 30. Noes 1.) Ordered to the Assembly. |
| May 31, 2016 | Read third time. Passed. (Ayes 30. Noes 1. Page 4064.) Ordered to the Assembly. |
| May 27, 2016 | Read second time. Ordered to third reading. |
| May 27, 2016 | From committee: Do pass. (Ayes 6. Noes 1.) (May 27). |
| May 27, 2016 | From committee: Do pass. (Ayes 6. Noes 1. Page 4008.) (May 27). |
| May 20, 2016 | Set for hearing May 27. |
| May 9, 2016 | May 9 hearing: Placed on APPR. suspense file. |
| Apr 29, 2016 | Set for hearing May 9. |
| Apr 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (April 20). Re-referred to Com. on APPR. |
| Apr 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 3644.) (April 20). Re-referred to Com. on APPR. |
| Apr 12, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E.Q. |
| Mar 3, 2016 | Referred to Com. on E.Q. |
| Feb 22, 2016 | Read first time. |
| Feb 22, 2016 | From printer. May be acted upon on or after March 23. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 26, 2016 | Unfinished Business SB1325 De León Concurrence | Senate Floor |
Passed |
|
| Aug 22, 2016 | SB 1325 De León Senate Third Reading By CALDERON | Assembly Floor |
Passed |
|
| Aug 3, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
|
| May 31, 2016 | Senate 3rd Reading SB1325 De León | Senate Floor |
Passed |
|
| May 27, 2016 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| May 9, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1325 |
UNFINISHED BUSINESS
Bill No: SB 1325
Amended: 8/18/16
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen
NOES: Bates
SENATE FLOOR: 30-1, 5/31/16
AYES: Allen, Anderson, Beall, Block, Cannella, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Monning, Nguyen, Nielsen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk
NOES: Bates
NO VOTE RECORDED: Berryhill, Fuller, Gaines, Huff, Mitchell, Moorlach, Morrell, Runner, Stone
ASSEMBLY FLOOR: 79-0, 8/22/16 - See last page for vote
SUBJECT: Hazardous waste: facilities: postclosure plans
DIGEST: This bill requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2018, adopt regulations to impose post-closure plan requirements on the owner or operator of a hazardous waste facility through the issuance of an enforcement order, an enforceable agreement, or a post-closure permit. This bill deletes the January 1, 2009 sunset date which authorized DTSC to impose postclosure plan requirements through an enforcement order or an enforceable agreement.
Assembly Amendments incorporate language to avoid chaptering conflicts with the Resources Budget trailer bills, AB 1611 (Committee on Budget) and SB 839 (Committee on Budget and Fiscal Review), both of the current legislative session.
Existing law:
- Governs, under the federal Resource Conservation and Recovery Act (RCRA) of 1976, the disposal of hazardous waste:
- Through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
- Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency (US EPA).
- Enacts the California Hazardous Waste Control Act (HWCA) of 1972 which:
- Establishes the Hazardous Waste Control program.
- Regulates the appropriate handling, processing and disposal of hazardous and extremely hazardous waste to protect the public, livestock and wildlife from hazards to health and safety.
- Implements federal tracking requirements for the handling and transportation of hazardous waste from the point of waste generation to the point of ultimate disposition.
- Establishes a system of fees to cover the costs of operating the hazardous waste management program.
- Authorizes DTSC to enforce federal law and regulations under RCRA.
- Requires DTSC to grant and review permits and enforce HWCA requirements for hazardous waste treatment, storage and disposal facilities for both facilities in operation and those closed and post closure.
- California Code of Regulations Title 22 CCR 66264 implements hazardous waste permitting requirements, including closure/postclosure requirements for California hazardous waste facilities.
- Provides DTSC the authority to impose post closure plan requirements through an enforcement order or an enforceable agreement.
This bill:
- Removes the sunset date of 2009 for the use of enforcement order or enforceable agreements by DTSC to impose postclosure plan requirements.
- Requires DTSC to adopt new regulations for review, oversight and enforcement of closure and postclosure of hazardous waste facilities plans.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly Appropriations Committee, enactment of this bill could result in one-time costs of approximately $58,000 for DTSC to develop and adopt regulations and unknown potential annual revenue losses determined by whether owners or operators choose to pursue post-closure permits or enforcement orders or enforceable agreements.
None received
OPPOSITION: (Verified 8/22/16)
None received
ASSEMBLY FLOOR: 79-0, 8/22/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Melendez
Prepared by: Rachel Machi Wagoner / E.Q. / (916) 651-4108
8/22/16 22:49:40
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1325
Author:(De León)
As Amended Ver:August 18, 2016
Majority vote
SENATE VOTE: 30-1
Committee | Votes | Ayes | Noes |
Environmental Safety | 7-0 | Alejo, Dahle, Arambula, Beth Gaines, Gray, Lopez, McCarty | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood, Chau |
SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2018, adopt regulations to impose post-closure plan requirements on the owner or operator of a hazardous waste facility through the issuance of an enforcement order, an enforceable agreement, or a post-closure permit. Deletes the January 1, 2009, sunset date which authorized DTSC to impose post-closure plan requirements through an enforcement order or an enforceable agreement. Incorporates language to avoid chaptering conflicts with the Resources Budget trailer bills, AB 1611 (Committee on Budget) and SB 839 (Committee on Budget and Fiscal Review), both of the current legislative session.
EXISTING LAW:
- Requires each owner or operator of a hazardous waste facility to submit a hazardous waste facility closure and post-closure plan to DTSC and the California Regional Water Quality Control Board for the region in which the facility is located. Requires the closure and post-closure plan to contain the owner's or operator's estimate of the cost of closure and subsequent maintenance, and to conform to the regulations adotped by DTSC. (Health and Safety Code (HSC) Section 25246)
- Authorizes DTSC, consistent with the federal Resource Conservation and Recovery Act (RCRA), to impose the requirements of a hazardous waste facility post-closure plan on the owner or operator of a facility through the issuance of an enforcement order, by entering into an enforceable agreement, or by issuing a post-closure permit. (HSC Section 25247 (d)(1))
- Authorizes DTSC to impose post-closure requirements through an enforcement order or an enforceable agreement until January 1, 2009. (HSC Section 25247(f)(1))
FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in one-time costs of approximately $58,000 for DTSC to develop and adopt regulations and unknown potential annual revenue losses determined by whether owners or operators choose to pursue post-closure permits or enforcement orders or enforceable agreements.
COMMENTS:
Need for the bill: According to the author, "SB 1325 repeals an obsolete law that currently prohibits DTSC from imposing hazardous waste closure requirements unless they are done as part of an enforcement order. The bill also directs DTSC to adopt new closure requirements for hazardous waste facilities by January 1, 2018."
Federal hazardous waste law: RCRA gives the United States Environmental Protection Agency (US EPA) the authority to regulate hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. California is a RCRA-authorized state, meaning that DTSC implements RCRA in California on behalf of the US EPA.
Closure and post-closure: When a hazardous waste management unit stops receiving waste at the end of its active life, it must be cleaned up, closed, monitored, and maintained in accordance with the RCRA closure and post-closure care requirements. All hazardous waste management units, and the treatment, storage and disposal facilities where they are located, are subject to closure and post-closure requirements. Post-closure care is required for land disposal units that leave waste in place upon closure (i.e. landfills, land treatment units, surface impoundments, or any other hazardous waste management unit that cannot achieve the clean closure standards). These sites must monitor and maintain liners, final covers, leachate collection and removal systems, leak detection systems, and gas collection system to protect the surrounding environment and population from releases of hazardous constituents. In California, DTSC issues post-closure permits for these regulated hazardous waste management units.
RCRA post-closure rule: In 1998, the US EPA adopted a final rule (40 Code of Federal Regulations (CFR) Parts 264, 265, 270 and 271) allowing alternatives to a permit for hazardous waste management units subject to post-closure. This final rule allows the US EPA and authorized states to issue an enforceable document in lieu of a post-closure permit.
This bill removes an impediment for DTSC to be able to use additional legal mechanisms, other than a permit, for post-closure care of hazardous waste management units. This bill requires DTSC to adopt regulations for post-closure requirements and requires DTSC to include the issuance of an enforcement order or an enforceable agreement as additional post-closure management tools. The regulatory process provides a means for the public to participate in the development of the regulation, including providing feedback on the mechanisms DTSC may use for post-closure.
Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0004265
SENATE THIRD READING
STR Bill Id:SB 1325
Author:(De León)
As Amended Ver:April 12, 2016
Majority vote
SENATE VOTE: 30-1
Committee | Votes | Ayes | Noes |
Environmental Safety | 7-0 | Alejo, Dahle, Arambula, Beth Gaines, Gray, Lopez, McCarty | |
Appropriations | 20-0 | Gonzalez, Bigelow, Bloom, Bonilla, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood, Chau |
|
SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2018, adopt regulations to impose post-closure plan requirements on the owner or operator of a hazardous waste facility through the issuance of an enforcement order, an enforceable agreement, or a post-closure permit. Deletes the January 1, 2009, sunset date which authorized DTSC to impose post-closure plan requirements through an enforcement order or an enforceable agreement.
EXISTING LAW:
- Requires each owner or operator of a hazardous waste facility to submit a hazardous waste facility closure and post-closure plan to DTSC and the California Regional Water Quality Control Board for the region in which the facility is located. Requires the closure and post-closure plan to contain the owner's or operator's estimate of the cost of closure and subsequent maintenance, and to conform to the regulations adotped by DTSC. (Health and Safety Code (HSC) Section 25246)
- Authorizes DTSC, consistent with the federal Resource Conservation and Recovery Act (RCRA), to impose the requirements of a hazardous waste facility post-closure plan on the owner or operator of a facility through the issuance of an enforcement order, by entering into an enforceable agreement, or by issuing a post-closure permit. (HSC Section 25247 (d)(1))
- Authorizes DTSC to impose post-closure requirements through an enforcement order or an enforceable agreement until January 1, 2009. (HSC Section 25247 (f)(1))
FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could result in one-time costs of approximately $58,000 for DTSC to develop and adopt regulations and unknown potential annual revenue losses determined by whether owners or operators choose to pursue post-closure permits or enforcement orders or enforceable agreements.
COMMENTS:
Need for the bill: According to the author, "SB 1325 repeals an obsolete law that currently prohibits DTSC from imposing hazardous waste closure requirements unless they are done as part of an enforcement order. The bill also directs DTSC to adopt new closure requirements for hazardous waste facilities by January 1, 2018."
Federal hazardous waste law: The Resources Conservation and Recovery Act (RCRA) gives the United States Environmental Protection Agency (US EPA) the authority to regulate hazardous waste from the "cradle-to-grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. California is a RCRA-authorized state, meaning that DTSC implements RCRA in California on behalf of the US EPA.
Closure and post-closure: When a hazardous waste management unit stops receiving waste at the end of its active life, it must be cleaned up, closed, monitored, and maintained in accordance with the RCRA closure and post-closure care requirements. All hazardous waste management units, and the treatment, storage and disposal facilities where they are located, are subject to closure and post-closure requirements. Post-closure care is required for land disposal units that leave waste in place upon closure (i.e. landfills, land treatment units, surface impoundments, or any other hazardous waste management unit that cannot achieve the clean closure standards). These sites must monitor and maintain liners, final covers, leachate collection and removal systems, leak detection systems, and gas collection system to protect the surrounding environment and population from releases of hazardous constituents. In California, DTSC issues post-closure permits for these regulated hazardous waste management units.
RCRA post-closure rule: In 1998, the US EPA adopted a final rule (40 Code of Federal Regulations (CFR) Parts 264, 265, 270 and 271) allowing alternatives to a permit for hazardous waste management units subject to post-closure. This final rule allows the US EPA and authorized states to issue an enforceable document in lieu of a post-closure permit.
This bill removes an impediment for DTSC to be able to use additional legal mechanisms, other than a permit, for post-closure care of hazardous waste management units. This bill requires DTSC to adopt regulations for post-closure requirements and requires DTSC to include the issuance of an enforcement order or an enforceable agreement as additional post-closure management tools. The regulation process provides a means for the public to participate in the development of the regulation, including providing feedback on the mechanisms DTSC may use for post-closure.
Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0003879
Date of Hearing: August 3, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1325
Author:(De León) – As Amended Ver:April 12, 2016
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 7 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Department of Toxic Substance Control (DTSC) to adopt regulations to impose post-closure plan requirements on the owner or operator of a hazardous waste facility by January 1, 2018. This bill also deletes the 2009 sunset date for the use of an enforcement order or enforceable agreement by DTSC to impose post-closure requirements.
FISCAL EFFECT:
- One-time costs of approximately $58,000 (special fund) for DTSC to develop and adopt regulations.
- Unknown potential annual revenue losses determined by whether owners or operators choose to pursue post-closure permits or enforcement orders or enforceable agreements (special fund).
DTSC estimates it collects $82,000 on average annually from postclosure permit applications. If operating facilities conduct post-closure activities under and enforcement order or enforceable agreement, the facilities pay actual costs through reimbursements.
COMMENTS:
- Purpose. According to the author, the purpose of the bill is to remove impediments in current law that make it more difficult for DTSC to ensure that once a facility is closed, it has set aside funds, insurance, surety bonds or other mechanisms to ensure hazardous materials onsite are cleaned up and removed. This bill repeals an obsolete law that that currently prohibits DTSC from imposing hazardous waste closure requirements unless they are done as part of an enforcement order, and directs DTSC to adopt new closure requirements for hazardous waste facilities by January 1, 2018.
- Background. The California Hazardous Waste Control Act requires facilities handling hazardous waste to obtain a permit from DTSC. As of 2015, there were 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
A facility closure plan demonstrates that hazardous materials at a closed facility have been transported, disposed of, or reused in a manner which eliminates the need for further maintenance and any threat to public health and safety or the environment.
California follows the federal rules for closure and post-closure rules of hazardous waste treatment, storage, and disposal facilities (TSDFs). However, the state has adopted more stringent requirements for notification, time allowed for closure, and disposal restrictions. In addition, the state requires a variance for any on-site post-closure construction activity and has additional closure and post-closure rules for specific TSDFs. DTSC enforces the TSDF closure and post-closure requirements in California.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SBPCA Bill Id:SB 1325
Author:(De León) – As Amended Ver:April 12, 2016
SENATE VOTE: 30-1
SUBJECT: Hazardous waste: facilities: postclosure plans
SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2018, adopt regulations to impose post-closure plan requirements on the owner or operator of a hazardous waste facility through the issuance of an enforcement order, an enforceable agreement, or a post-closure permit. Specifically, this bill:
- Requires the DTSC to, on or before January 1, 2018, adopt regulations to impose post-closure plan requirements, consistent with federal law, on the owner or operator of a hazardous waste facility through the issuance of an enforcement order, an enforceable agreement or a post-closure permit.
- Deletes the January 1, 2009, sunset date which authorized DTSC to impose post-closure plan requirements through an enforcement order or an enforceable agreement.
EXISTING LAW:
- Establishes the Resource Conservation and Recovery Act (RCRA), which gives the authority to regulate the generation, transporation, treatment, storage and disposal of hazardous wastes to the United States Environmental Protection Agency (US EPA). (42 United States Code (U.S.C.) § 6901)
- Requires DTSC to adopt regulations and standards that specify the financial assurances to be provided by the owner or operator of a hazardous waste facility that are necessary to provide for the cost of closure and subsequent maintance of the facility; and provide that every hazardous waste facility can be closed and maintained for at least 30 years subsequent to its closure in a manner that protects human health and the environment. (Health and Safety Code (HSC) § 25245)
- Requires each owner or operator of a hazardous waste facility to submit a hazardous waste facility closure and post-closure plan to DTSC and the California Regional Water Quality Control Board for the region in which the facility is located. Requires the closure and post-closure plan to contain the owner’s or operator’s estimate of the cost of closure and subsequent maintenance, and to conform to the regulations adotped by DTSC. (HSC § 25246)
- Requires DTSC to review each closure and postclosure plan submitted to DTSC and to approve the closure or post-closure plan if DTSC finds that the plan complies with the regulations adopted by DTSC. (HSC § 25247 (a))
- Authorizes DTSC, consistent with RCRA, to impose the requirements of a hazardous waste facility post-closure plan on the owner or operator of a facility through the issuance of an enforcement order, by entering into an enforceable agreement, or by issuing a post-closure permit. (HSC § 25247 (d)(1))
- Authorizes DTSC to impose post-closure requirements through an enforcement order or an enforceable agreement, until January 1, 2009. (HSC § 25247 (f)(1))
FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of this bill could result in up to $287,000 (special fund) annual reduction in permitting fees, which DTSC notes could be offset by lower processing costs.
COMMENTS:
Need for the bill: According to the author, “SB 1325 repeals an obsolete law that that currently prohibits DTSC from imposing hazardous waste closure requirements unless they are done as part of an enforcement order. The bill also directs DTSC to adopt new closure requirements for hazardous waste facilities by January 1, 2018.
SB 1325, and closure/post-closure planning, is one of several issues being examined by the Independent Review Panel establish in the current year budget to recommend reforms of the DTSC permitting, enforcement, and community outreach process.
The purpose of the bill is to remove impediments in current law that make it more difficult for the department to ensure that once a facility is closed, it has set aside funds, insurance, surety bonds or other mechanisms to ensure hazardous materials onsite are cleaned up and removed.”
Federal hazardous waste law: The Resources Conservation and Recovery Act (RCRA) gives the US EPA the authority to regulate hazardous waste from the “cradle-to-grave.” This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. California is a RCRA authorized state, meaning that DTSC implements RCRA in California on behalf of US EPA.
Closure and post-closure: When a hazardous waste management unit stops receiving waste at the end of its active life, it must be cleaned up, closed, monitored, and maintained in accordance with the RCRA closure and post-closure care requirements. All hazardous waste management units, and the treatment, storage and disposal facilities where they are located, are subject to closure and post-closure requirements. Post-closure care is required for land disposal units that leave waste in place upon closure (i.e., landfills, land treatment units, surface impoundments, or any other hazardous waste management unit that cannot achieve the clean closure standards). These sites must monitor and maintain liners, final covers, leachate collection and removal systems, leak detection systems, and gas collection system to protect the surrounding environment and population from releases of hazardous constituents. In California, DTSC issues post-closure permits for these regulated hazardous waste management units.
RCRA post-closure rule: In 1998, US EPA adopted a final rule (40 CFR Parts 264, 265, 270 and 271) allowing alternatives to a permit for hazardous waste management units subject to post-closure. This final rule allows US EPA and authorized states to issue an enforceable document in lieu of a post-closure permit. In adopting the final rule, US EPA found that, “Owners or operators of hazardous waste facilities often have little incentive to seek a post-closure permit. Without a strong incentive on the part of the facility owner or operator to provide a complete application, the permitting process can be significantly protracted. To address environmental risk at such facilities, US EPA Regions and states have utilized legal authorities other than permits. Use of enforcement actions enables US EPA to place these facilities on a schedule of compliance for meeting financial assurance and/or groundwater monitoring requirements over a period of time.”
DTSC Office of Permitting: The DTSC Office of Permitting is responsible for administering the Hazardous Waste Facility Permitting Program established under Chapter 6.5 of the California Health and Safety Code, and the RCRA. The core activities of the DTSC Office of Permitting include: review of RCRA and non-RCRA hazardous waste permit applications to ensure safe design and operation; issuance and denial of operating permits; issuance of post-closure permits; approval and denial of permit modifications; issuance and denial of emergency permits; review and approval of closure plans; oversight of approved closure plans; and providing public involvement on issues related to permitted facilities.
This bill removes an impediment for DTSC to be able to use additional legal mechanisms, other than a permit, for post-closure care of hazardous waste management units. SB 1325 requires DTSC to adopt regulations for post-closure requirements and requires DTSC to include the issuance of an enforcement order or an enforceable agreement as additional post-closure management tools. The regulation process provides a means for the public to participate in the development of the regulation, including providing feedback on the mechanisms DTSC may use for post-closure.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 1325 |
THIRD READING
Bill No: SB 1325
Amended: 4/12/16
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-0, 4/20/16
AYES: Wieckowski, Hill, Jackson, Leno, Pavley
NO VOTE RECORDED: Gaines, Bates
SENATE APPROPRIATIONS COMMITTEE: 6-1, 5/27/16
AYES: Lara, Beall, Hill, McGuire, Mendoza, Nielsen
NOES: Bates
SUBJECT: Hazardous waste: facilities: postclosure plans
DIGEST: This bill removes the sunset date of 2009 for the use of enforcement order or enforceable agreements by the Department of Toxic Substances Control (DTSC) to impose postclosure plan requirements and requires DTSC to adopt new regulations for review, oversight and enforcement of closure and postclosure of hazardous waste facilities plans.
- Governs, under the federal Resource Conservation and Recovery Act (RCRA) of 1976, the disposal of hazardous waste:
- Through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
- Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency (US EPA).
- Enacts the California Hazardous Waste Control Act (HWCA) of 1972 which:
- Establishes the Hazardous Waste Control program.
- Regulates the appropriate handling, processing and disposal of hazardous and extremely hazardous waste to protect the public, livestock and wildlife from hazards to health and safety.
- Implements federal tracking requirements for the handling and transportation of hazardous waste from the point of waste generation to the point of ultimate disposition.
- Establishes a system of fees to cover the costs of operating the hazardous waste management program.
- Authorizes DTSC to enforce federal law and regulations under RCRA.
- Requires DTSC to grant and review permits and enforce HWCA requirements for hazardous waste treatment, storage and disposal facilities for both facilities in operation and those closed and postclosure.
- California Code of Regulations Title 22 66264 implements hazardous waste permitting requirements, including closure/postclosure requirements for California hazardous waste facilities.
- Provides DTSC the authority to impose postclosure plan requirements through an enforcement order or an enforceable agreement.
This bill:
- Removes the sunset date of 2009 for the use of enforcement order or enforceable agreements by DTSC to impose postclosure plan requirements.
- Requires DTSC to adopt new regulations for review, oversight and enforcement of closure and postclosure of hazardous waste facilities plans.
Background
- Permitting hazardous waste storage, treatment, and disposal facilities and closure/postclosure. DTSC is responsible for the review of RCRA and non-RCRA hazardous waste permit applications to ensure the safe design and operation; issuance/denial of operating permits; issuance of postclosure permits; approval/denial of permit modifications; issuance/denial of emergency permits; review and approval of closure plans; closure oversight of approved closure plans; issuance/denial of variances; assistance to regulated industry on permitting matters; and public involvement.
As of 2015, there were 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 postclosure sites.
A facility closure plan demonstrates that hazardous materials at a closed facility have been transported, disposed of, or reused in a manner which eliminates the need for further maintenance and any threat to public health and safety or the environment.
California follows the federal rules for closure and postclosure rules of hazardous waste treatment, storage, and disposal facilities (TSDFs). However, the state has adopted more stringent requirements for notification, time allowed for closure, and disposal restrictions. In addition, the state requires a variance for any on-site postclosure construction activity and has additional closure and postclosure rules for specific TSDFs.
California Environmental Protection Agency’s DTSC enforces the TSDF closure and postclosure requirements in California.
- DTSC Permitting Enhancement Work Plan (PEWP). In 2014, DTSC developed PEWP to improve DTSC’s permitting program and to ensure that the problems of the past do not resurface in the future. The PEWP will serve as a comprehensive work plan for DTSC’s efforts to improve the permitting program’s ability to issue protective, timely, and enforceable permits using more transparent standards and consistent procedures.
Key provisions of the PEWP include:
- Clear and updated permitting standards and decision making criteria;
- Increased and early public participation;
- Enhanced enforcement actions; and,
- Developing new and more effective engagement strategies for communities overburdened by multiple pollution sources.
- Exide Technologies, Vernon, California. The Exide facility in Vernon, California was one of two secondary lead smelting facilities in California which recovered lead from recycled automotive batteries.
The facility was used for a variety of metal fabrication and metal recovery operations since 1922. Previous owners have included Morris P. Kirk & Sons, Inc., NL Industries, Gould Inc., and GNB Inc.
The facility in Vernon has been operating with an interim hazardous waste facility permit since 1981.
In recent years, the Exide facility has brought to light the failings of DTSC’s Permitting Program. Over the 30 years that the facility operated with an interim permit, there were many violations of the permit as well as other regulatory standards, such as those by the South Coast Air Quality Management District, which caused environmental damage and risk to public health.
In March, 2015 it was announced that an agreement was reached between the United States Department of Justice and Exide Technologies to permanently close the battery recycling facility in Vernon, CA, and in order to avoid criminal prosecution, Exide Technologies further agreed to a stipulation and order with DTSC to complete remediation activities as specified in the stipulation and order issued by DTSC.
This example of a failed process calls into question whether the statutory authorizations, requirements and direction to DTSC is adequate to ensure that the program runs correctly and is appropriately protective of public health and the environment, especially in the vulnerable communities where there are permitted facilities.
Additionally, it calls into question whether there are other facilities that may currently be similarly causing harm to the communities in which they are located.
On April 7, 2016, the Senate approved AB 118 (Santiago, Chapter 10) which appropriates $176.6 million from the Toxic Substances Control Account to provide cleanup and investigation of properties contaminated by lead in communities surrounding the Exide Technologies facility in the City of Vernon and other related activities.
Comments
- Purpose of bill. DTSC has not updated its regulations related to closure/postclosure requirements in 20 years. As discovered with the closure of the Exide facility in Vernon, California, and the Senate’s on-going oversight of DTSC and its permitting program, there is a great risk of long-term environmental damage and potential public health exposures and harm from some of these facilities. Much new technology and knowledge about the activities at these facilities and their potential closures has been developed in the last 20 years, especially the impacts to our most vulnerable and disadvantaged communities. Current practices for closure/postclosure requirements should be reviewed and new regulations developed to ensure the appropriate regulatory oversight tools are used to protect human health and the environment.
Prior Legislation
SB 673 (Lara, Chapter 611, Statutes of 2015) revises DTSC’s permitting process and public participation requirements for hazardous waste facilities by creating the Community Oversight Committee and by revising the statutes related to permitting regulation.
SB 712 (Lara, Chapter 833, Statutes of 2014) requires DTSC, on or before December 31, 2015, to issue a final permit decision on an application for a hazardous waste facilities permit that is submitted by a facility operating under a grant of interim status on or before January 1, 1986, by either issuing a final permit or a final denial of the application.
SB 812 (De León, 2014) would have required DTSC to adopt regulations by January 1, 2017, to specify conditions for new permits and the renewal of existing permits, as specified, and establishes deadlines for the submission and processing of facility applications, as specified. SB 812 was vetoed by Governor Brown.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Unknown, but likely minimal costs, to DTSC to develop regulations to impose postclosure plan requirements.
- Up to a $287,000 (special fund) annual reduction in permitting fees, which DTSC notes could be offset by lower processing costs.
None received
OPPOSITION: (Verified 5/27/16)
None received
Prepared by: Rachel Machi Wagoner / E.Q. / (916) 651-4108
5/28/16 17:00:36
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1325 (De León) - Hazardous waste: facilities: postclosure plans
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1325 removes the 2009 sunset date for the use of an enforcement order or enforceable agreements by the Department of Toxic Substance Control (DTSC) to impose post closure plan requirements on hazardous waste facilities. The bill would also require DTSC to adopt new regulations for review, oversight, and enforcement of closure and post closure of hazardous waste facilities plans.
Fiscal Impact:
- Unknown, but likely minimal costs, to DTSC to develop regulations to impose postclosure plan requirements.
- Up to a $287,000 (special fund) annual reduction in permitting fees, which DTSC notes could be offset by lower processing costs. (See staff comments).
Background:
- DTSC is responsible for the review of federal Resource Conservation and Recovery Act (RCRA) and non-RCRA hazardous waste permit applications to ensure the safe design and operation; issuance/denial of operating permits; issuance of post closure permits; approval/denial of permit modifications; issuance/denial of emergency permits; review and approval of closure plans; closure oversight of approved closure plans; issuance/denial of variances; assistance to regulated industry on permitting matters; and public involvement.
As of 2015, there were 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
A facility closure plan demonstrates that hazardous materials at a closed facility have been transported, disposed of, or reused in a manner which eliminates the need for further maintenance and any threat to public health and safety or the environment.
California follows the federal rules for closure and post-closure rules of hazardous waste treatment, storage, and disposal facilities (TSDFs). However, the state has adopted more stringent requirements for notification, time allowed for closure, and disposal restrictions. In addition, the state requires a variance for any on-site post-closure construction activity and has additional closure and post-closure rules for specific TSDFs. DTSC enforces the TSDF closure and post-closure requirements in California.
Proposed Law:
This bill:
- Removes the 2009 sunset date for the use of an enforcement order or enforceable agreements by DTSC to impose post closure plan requirements
- Requires DTSC to adopt new regulations for review, oversight, and enforcement of closure and post closure of hazardous waste facilities plans.
Related Legislation:
SB 673 (Lara, Chapter 611, Statutes of 2015) revised the DTSC permitting process and public participation requirements for hazardous waste facilities by creating the Community Oversight Committee and by revising the statutes related to permitting regulation.
SB 712 (Lara, Chapter 833, Statutes of 2014) required the DTSC, on or before December 31, 2015, to issue a final permit decision on an application for a hazardous waste facilities permit that is submitted by a facility operating under a grant of interim status on or before January 1, 1986, by either issuing a final permit or a final denial of the application.
SB 812 (De León, 2014) would have required DTSC to adopt regulations by January 1, 2017, to specify conditions for new permits and the renewal of existing permits, as specified, and established deadlines for the submission and processing of facility applications, as specified. SB 812 was vetoed by Governor Brown.
Staff Comments:
DTSC estimates that, on average, it collects $287,000 per year from postclosure permit applications and renewals. However, that is a rough estimate based upon the prior 10 years of activity. It is difficult to predict how many facilities plan to close and thus apply for postclosure permits.
-- END --
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2015 - 2016 Regular
Bill No: SB 1325
Author: | De León | ||
Version: | 4/12/2016 | Hearing Date: | 4/20/2016 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Rachel Machi Wagoner | ||
SUBJECT: Hazardous waste: facilities: postclosure plans.
ANALYSIS:
- Under the federal Resource Conservation and Recovery Act (RCRA) of 1976, governs the disposal of hazardous waste:
- Through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
- Authorizes states to carry out many of the functions of the federal law through their own hazardous waste laws if such programs have been approved by the United States Environmental Protection Agency (US EPA).
- Under the California Hazardous Waste Control Act (HWCA) of 1972:
- Establishes the Hazardous Waste Control program;
- Regulates the appropriate handling, processing and disposal of hazardous and extremely hazardous waste to protect the public, livestock and wildlife from hazards to health and safety.
- Implements federal tracking requirements for the handling and transportation of hazardous waste from the point of waste generation to the point of ultimate disposition.
- Establishes a system of fees to cover the costs of operating the hazardous waste management program.
- Authorizes the Department of Toxic Substances Control (DTSC) to enforce federal law and regulations under RCRA.
- Requires DTSC to grant and review permits and enforce HWCA requirements for hazardous waste treatment, storage and disposal facilities for both facilities in operation and those closed and post closure.
- California Code of Regulations Title 22 CCR 66264 implements hazardous waste permitting requirements, including closure/post closure requirements for California hazardous waste facilities.
- Provides DTSC the authority to impose post closure plan requirements through an enforcement order or an enforceable agreement.
This bill:
- Removes the sunset date of 2009 for the use of enforcement order or enforceable agreements by DTSC to impose post closure plan requirements
- Requires DTSC to adopt new regulations for review, oversight and enforcement of closure and post closure of hazardous waste facilities plans.
Background
- Permitting hazardous waste storage, treatment, and disposal facilities and closure/post closure: DTSC is responsible for the review of RCRA and non-RCRA hazardous waste permit applications to ensure the safe design and operation; issuance/denial of operating permits; issuance of post closure permits; approval/denial of permit modifications; issuance/denial of emergency permits; review and approval of closure plans; closure oversight of approved closure plans; issuance/denial of variances; assistance to regulated industry on permitting matters; and public involvement.
As of 2015, there were 118 DTSC permitted hazardous waste facilities in California. These facilities include: 44 storage sites, 43 treatment facilities, 3 disposal sites, and 28 post-closure sites.
A facility closure plan demonstrates that hazardous materials at a closed facility have been transported, disposed of, or reused in a manner which eliminates the need for further maintenance and any threat to public health and safety or the environment.
California follows the federal rules for closure and post-closure rules of hazardous waste treatment, storage, and disposal facilities (TSDFs). However, the state has adopted more stringent requirements for notification, time allowed for closure, and disposal restrictions. In addition, the state requires a variance for any on-site post-closure construction activity and has additional closure and post-closure rules for specific TSDFs.
Cal/EPA's DTSC enforces the TSDF closure and post-closure requirements in California.
- DTSC Permitting Enhancement Work Plan (PEWP): In 2014, DTSC developed PEWP to improve DTSC’s permitting program and to ensure that the problems of the past do not resurface in the future. The PEWP will serve as a comprehensive work plan for DTSC’s efforts to improve the permitting program’s ability to issue protective, timely, and enforceable permits using more transparent standards and consistent procedures.
Key provisions of the PEWP include:
- Clear and updated permitting standards and decision making criteria;
- Increased and early public participation;
- Enhanced enforcement actions; and,
- Developing new and more effective engagement strategies for communities overburdened by multiple pollution sources.
- Exide Technologies, Vernon, California. The Exide facility in Vernon, California was one of two secondary lead smelting facilities in California which recovered lead from recycled automotive batteries.
The facility was used for a variety of metal fabrication and metal recovery operations since 1922. Previous owners have included Morris P. Kirk & Sons, Inc., NL Industries, Gould Inc., and GNB Inc.
The facility in Vernon has been operating with an interim hazardous waste facility permit since 1981.
In recent years, the Exide facility has brought to light the failings of DTSC’s Permitting Program. Over the 30 years that the facility operated with an interim permit, there were many violations of the permit as well as other regulatory standards, such as those by the South Coast Air Quality Management District, which caused environmental damage and risk to public health.
In March, 2015 it was announced that an agreement was reached between the United States Department of Justice and Exide Technologies to permanently close the battery recycling facility in Vernon, CA, and in order to avoid criminal prosecution, Exide Technologies further agreed to a stipulation and order with DTSC to complete remediation activities as specified in the stipulation and order issued by DTSC.
This example of a failed process calls into question whether the statutory authorizations, requirements and direction to DTSC is adequate to ensure that the program runs correctly and is appropriately protective of public health and the environment, especially in the vulnerable communities where there are permitted facilities.
Additionally, it calls into question whether there are other facilities that may currently be similarly causing harm to the communities in which they are located.
On April 7, 2016, the Senate approved AB 118 (Santiago) which appropriates $176.6 million from the Toxic Substances Control Account to provide cleanup and investigation of properties contaminated by lead in communities surrounding the Exide Technologies facility in the City of Vernon and other related activities.
Comments
- Purpose of Bill. DTSC has not updated its regulations related to closure/post-closure requirements in 20 years. As we have discovered with the closure of the Exide facility in Vernon, California, and the Senate’s on-going oversight of DTSC and its permitting program, there is a great risk of long-term environmental damage and potential public health exposures and harm from some of these facilities. Much new technology and knowledge about the activities at these facilities and their potential closures has been developed in the last 20 years, especially the impacts to our most vulnerable and disadvantaged communities. Current practices for closure/post closure requirements should be reviewed and new regulations developed to ensure the appropriate regulatory oversight tools are used to protect human health and the environment.
Related/Prior Legislation
SB 673 (Lara, Chapter 611, Statutes of 2015) revises the Department of Toxic Substances Control’s (DTSC) permitting process and public participation requirements for hazardous waste facilities by creating the Community Oversight Committee and by revising the statutes related to permitting regulation.
SB 712 (Lara, Chapter 833, Statutes of 2014) requires the Department of Toxic Substances Control (DTSC), on or before December 31, 2015, to issue a final permit decision on an application for a hazardous waste facilities permit that is submitted by a facility operating under a grant of interim status on or before January 1, 1986, by either issuing a final permit or a final denial of the application.
SB 812 (De León, 2014) would have required DTSC to adopt regulations by January 1, 2017, to specify conditions for new permits and the renewal of existing permits, as specified, and establishes deadlines for the submission and processing of facility applications, as specified. SB 812 was vetoed by Governor Brown.
SOURCE:
Author
SUPPORT:
None received
OPPOSITION:
None received
-- END --
Discussed in Hearing
2MIN
Senate Floor
1MIN
Assembly Floor
1MIN
Assembly Floor
3MIN
Senate Floor
Bill Author
Bill Co-Author(s):