Existing law requires the Department of Toxic Substances Control, and a local health officer or local public officer designated by the Director of Toxic Substances Control, to enforce the standards in the hazardous waste control law and the regulations adopted by the department to implement that law, except as specified. Existing law authorizes a representative of the department or the local officer or agency authorized to enforce the hazardous waste control law to, among other things, enter and inspect a factory, plant, construction site, disposal site, transfer facility, or an establishment or any other place or environment where hazardous wastes are stored, handled, processed, disposed of, or being treated to recover resources.

This bill would require the department, on or before January 1, 2021, to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities, hazardous waste generators, and hazardous waste transporters, as specified. The bill would require the inspection frequency for a hazardous waste land disposal facility to be no less than 2 times per calendar year and for any other permitted hazardous waste treatment, storage, or disposal facility to be no less than once per calendar year.

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2017 - 2018 Regular Session

AB 2094 (Kalra) - Hazardous waste facilities: inspections

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

This bill would require the Department of Toxic Substance Control (DTSC) to, on or before January 1, 2020, to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and for hazardous waste generators and transporters.

Fiscal Impact:

• Unknown one-time costs, likely of between $150,000 and $250,000 for DTSC to adopt regulations on inspection frequencies (special fund).
• Unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections (special fund).
• Unknown increased Certified Unified Program Agency (CUPA) costs resulting from increased inspections offset by increased fees on facilities (special fund).

Background:

DTSC is responsible for administering the hazardous waste facility permitting program established under the Hazardous Waste Control Law (HWCL) and the federal Resource Conservation and Recovery Act (RCRA). DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste.

Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

Proposed Law:

This bill would require DTSC to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities and for hazardous waste generators and transporters by January 1, 2021.

Additionally, this bill would require DTSC to set the inspection frequency for hazardous waste landfills at no less than two times per calendar year and requires the inspection frequency for any other permitted hazardous waste facility to be no less than once per calendar year.

Related Legislation:

AB 1179 (Kalra) would have required DTSC to adopt regulations setting inspection frequencies for hazardous waste facilities. This bill passed the Legislature but was vetoed by Governor Brown. In his veto message, Governor Brown stated:

There is no question that comprehensive reform of the Department's operations is needed and the Administration is committed to working with the Legislature on that task. When it comes to protecting the public health of our communities, government cannot afford to make promises it cannot keep.

Adding new responsibilities to the Department must be undertaken holistically while considering the resources and funding available. Doing anything less robs the community of a real solution and sets government up for failure.

Addressing the structural problems at the Department, both fiscal and administrative, will not be an easy task, but one that is achievable if the Administration and the Legislature work together. I look forward to the partnership.

Staff Comments:

DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

Specific incidents across California have exposed and continue to expose glaring failings in DTSC’s implementation of its core programs as well as its support programs. The mishandling of the hazardous waste facility permitting and enforcement of first the Exide and now the Quemetco battery recycling facilities; neglected cost-recovery efforts for cleanups across the state leading to an accumulation of 1,661 projects totaling almost $194 million in uncollected cleanup costs dating back 26 years; a growing backlog of applications to renew hazardous waste permits; delayed site remediation; failed public participation and transparency activities; and personnel issues have all led to decreased stakeholder confidence and public trust in DTSC’s ability to meet its mandate to protect public health and the environment. Numerous statutory changes have been made to clarify and strengthen the statute to help DTSC better achieve its mandates, and budget augmentations have been made to give DTSC the resources to reduce backlogs and address outstanding programmatic failings. However, many of the underlying concerns about transparency, accountability, and long-term stability of DTSC programs remain.

Staff notes that the proposed funding source (HWCA) has a structural deficit and is projected to be depleted within the current year. If the structural deficit is left unaddressed, there will be significant cuts to DTSC’s programs and the department would be unable to absorb these additional responsibilities or expand its programs without new funds.

The Secretary of the CalEPA oversees the "unified hazardous waste and hazardous materials management" regulatory program (Unified Program). Currently, there are 81 Certified Unified Program Agencies (CUPAs) in California. CUPAs perform hazardous waste facility inspections. By increasing the frequency of inspections, this bill will increase the workload for some CUPAs. Since CUPAs operate on a fee basis, this bill will increase fees for facilities.

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SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 2094

SUBJECT: Hazardous waste facilities: inspections

ANALYSIS:

Existing law:

1. Under the federal Resource Conservation and Recovery Act (RCRA) of 1976, governs the disposal of hazardous waste: 
2. Through regulation, sets standards for the treatment, storage, transport, tracking and disposal of hazardous waste in the United States.
3. 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).
4. Under the California Hazardous Waste Control Act (HWCA) of 1972:
   1. Establishes the Hazardous Waste Control program.
   2. 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.
   3. Requires the Department of Toxic Substances Control (DTSC) to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL.
   4. Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed.

This bill: Requires DTSC to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and for hazardous waste generators and transporters.

Background

1. DTSC Hazardous Waste Management. DTSC is responsible for protecting public health and the environment by overseeing the state’s response to releases of hazardous substances and disposal of hazardous waste. DTSC investigates, removes and remediates contamination as part of that mission. The Hazardous Waste Management Program is one of DTSC’s four major divisions.

This program is responsible for issuing permit decisions for proposed new hazardous waste facilities and the approximately 120 existing hazardous waste facilities in California that treat, store, and dispose of hazardous waste. The program’s staff conducts inspections and takes enforcement actions to ensure compliance with hazardous waste laws and regulations. This program oversees the hazardous waste generator program. In addition, it provides hazardous waste management-related policy support, regulatory and statutory interpretation, financial assurance, and data management support for internal and external stakeholders. The program also provides emergency response support for hazardous materials-related emergencies throughout California.

1. 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.  It has over 100 employees.  It recycles 23,000 to 41,000 batteries daily and has an average production of 100,000 to 120,000 tons of lead per year. 

The facility has been 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 called into question whether there are other facilities that may currently be similarly causing harm to the communities in which they are located.

The community crisis around Exide created significant concern about DTSC’s permitting statutory authorization and implementation. 

1. DTSC’s hazardous waste management enforcement program: DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

1. Legislative Oversight. Specific incidents across California have exposed and continue to expose glaring failings in DTSC’s implementation of its core programs as well as its support programs.
   
   The mishandling of the hazardous waste facility permitting and enforcement of first the Exide and now the Quemetco battery recycling facilities; neglected cost-recovery efforts for cleanups across the state leading to an accumulation of 1,661 projects totaling almost $194 million in uncollected cleanup costs dating back 26 years; a growing backlog of applications to renew hazardous waste permits; delayed site remediation; failed public participation and transparency activities; and personnel issues have all led to decreased stakeholder confidence and public trust in DTSC’s ability to meet its mandate to protect public health and the environment.
   
   Over the last five years, the Legislature has conducted numerous hearings on DTSC’s internal controls, its business practices, and its basic statutory obligations. In those hearings, the budget and policy committees have evaluated the following four main areas: (1) reviewing and monitoring the department’s strategic plan and reorganization; (2) auditing cost recovery at the department; (3) providing staffing to improve permit backlogs and business operations; and, (4) improving enforcement at the department.
   
   Numerous statutory changes have been made to clarify and strengthen the statute to help DTSC better achieve its mandates, and budget augmentations have been made to give DTSC the resources to reduce backlogs and address outstanding programmatic failings. However, many of the underlying concerns about transparency, accountability, and long-term stability of DTSC programs remain.
   
2. Legislative Analyst Office – DTSC Review. On April 4, 2017, LAO released its web post entitled, “Department of Toxic Substances Control: Performance Improvement Initiatives Merit Oversight.” LAO discusses DTSC progress to date in addressing its deficiencies, focusing on those programs that have received additional funding and personnel resources, including (1) Hazardous Waste Management Program, (2) Exide Facilities Contamination Cleanup Program, (3) Site Mitigation and Brownfields Reuse Program, and (4) Office of Strategic Planning and Development.
   
   LAO concluded that, “over the past few years, the Legislature has approved funding and personnel resources to address specific deficiencies in DTSC’s programs. Even with these new resources, DTSC’s own projections show that for some programs it will be years before the deficiencies are fully remedied. Therefore, it will be important for the Legislature to continue to oversee DTSC’s progress and hold DTSC accountable for producing results over the next several years … In cases where the department is not achieving its performance goals, the Legislature may wish to consider further oversight measures. These could include holding hearings to determine the reason for the lack of progress and whether funding and personnel continue to be justified. It could also include having an independent entity—such as the Bureau of State Audits—conduct program reviews to better understand why the program continues to underperform. In our view, such continued oversight is necessary to ensure that the department continues to improve its performance in several key programs.”
3. The Independent Review Panel. With the aim of identifying and addressing the

continued failings of DTSC to meet its public health and environmental protection mandates, SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2015) established an Independent Review Panel (IRP) to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management with the goal of resolving the outstanding operational problems within DTSC and creating strong statutory mandates and accountability in the long term.

The IRP is comprised of three individuals: an appointee of the Speaker of the Assembly with scientific experience related to toxic materials, an appointee of the Senate Rules Committee who is a community representative, and an appointee of the Governor who is a local government management expert.

The IRP additionally advises DTSC on issues related to its reporting obligations, making recommendations for improving DTSC’s programs, and advises DTSC, along with the other California Environmental Protection Agency boards and departments, to “institute quality government programs to achieve increased levels of environmental protection and the public’s satisfaction through improving the quality, efficiency, and cost-effectiveness of the state programs” and “submit a biennial report to the Governor and Legislature, no later than December 1 with respect to the previous two fiscal years, reporting on the extent to which these state agencies have attained their performance objectives, and on their continuous quality improvement efforts.”

The IRP is required to report to the Governor and the Legislature every 90 days on DTSC’s progress in reducing permitting and enforcement backlogs, improving public outreach, and improving fiscal management. In addition, the IRP must submit recommendations at the time of the submission of the Governor’s annual budget to the Legislature.

Pursuant to SB 83, the IRP sunsetted January 1, 2018.

Over the course of its term, the IRP conducted 24 public meetings and released 11 progress and annual reports. In December, 2016, the IRP released a thorough list of recommendations compiled from the meetings and reports conducted in the IRP’s first 11 months. That report contained a compendium of the recommendations that the IRP made in its quarterly reports during 2016. The compendium showed that of a total of 23 IRP recommendations made, 7 have been adopted by DTSC and 16 have not yet been implemented.

In 2017, IRP Chair Kracov, testified before the legislative policy committees on the progress of the IRP. His testimony revealed that less than a third of those recommendations had been implemented and that the IRP shared stakeholder concern and frustration with the lack of implementation of those recommendations. Additionally, Chair Kracov stated that the IRP believed that one of the key improvements needed at DTSC is a transparent and accountable process by which stakeholders can participate in a public way, in the deliberative processes around permits and cleanup orders.

On January 1, 2018, the IRP completed its term and on January 8, 2018 released its final report and recommendations concluding:

DTSC made considerable progress since the IRP began meeting in November 2015. The Governor and DTSC Director Lee stabilized the Department’s leadership team. DTSC worked systematically to evaluate its organizational culture and lay the groundwork for improvements. Budget augmentations have made a difference, especially in cost recovery, reducing permitting backlogs, environmental justice work, and the Exide residential cleanup. DTSC has been working on improvements to its public engagement efforts. It has made efficiency improvements. It has enhanced the EnviroStor public interface and made content improvements to its other website offerings. The Department has implemented, or is working on, most of the IRP’s recommendations and has achieved, or partially achieved, many of the IRP’s suggested performance metrics.

However, there is more work to be done. DTSC can expect a wave of retirements in the coming years, with a consequent loss of institutional knowledge. The Department is only beginning to consider and implement its organizational culture plans, and several cannot be implemented without additional resources. Structural deficits in DTSC’s two major accounts require immediate attention. Several programs need additional funding, especially for orphan site cleanups, the Exide residential cleanup, and the SCP Program. It is not yet certain whether DTSC’s public participation and environmental justice work will lead to enduring improvements. The website and EnviroStor require further improvements and fastidious content updates. DTSC must find a better balance between work product quality and timeliness. DTSC’s governing statutes should be reviewed to delete redundancy and give the Department more focus.

The IRP process challenged DTSC to explain publicly why it operated the way it does and to think about how it can better accomplish its mission in a climate of limited resources. In the absence of the IRP, the Governor and the Legislature should consider a DTSC governing board or other structural change to enhance transparency and accountability and regularly monitor the status of the IRP-suggested recommendations and performance metrics, as well as the Department’s ongoing initiatives and decision-making.

Comments

1. Purpose of Bill. According to the author, “AB 2094 ensures hazardous waste facilities permitted by DTSC are in full compliance with state and federal law and regulations by setting minimum inspection frequencies. AB 2094 reduces toxic threats to the public and the environment by including frequency enhancements based on higher risk factors. Conducting regular inspections at hazardous waste facilities allows the state to identify facilities that are not in compliance, and take action to resolve violations. Without regular and frequent inspections, these facilities may pose a serious risk to public health and the environment.
2. Incremental change or systemic or both? AB 2094 is similar to AB 1997 (Kalra, 2017). Over the last several year many bills have been introduced and passed aimed at making targeted statutory changes to DTSC’s hazardous waste management program based on specific recommendations of the IRP.

A question arises as to how many more incremental changes will be made or need to be made to improve this department and whether these changes will result in a cure to DTSC’s dis-functionality.

The Legislature, the Administration and stakeholders have all pointed to systemic issues and programmatic deficiencies that have impacted DTSC’s ability to fulfill its public health and environmental protection mandates. In the last five years, the Legislature has had more than 20 hearings on the department’s deficiencies in both the policy and budget committees in both houses. DTSC and the Governor have initiated audits, panels, reports, and their own initiatives to fix identified problems. The Legislature has passed several reform bills and significantly augmented DTSC’s budget and staff by more than two dozen positions (limited-term and permanent) and millions of dollars.

Many of the measures approved by the Legislature and signed by the Governor directing specific action by DTSC remain undone. Additionally, the IRP has made recommendations for improvements that have not been implemented.

It is clear, that all review and changes to date point to systemic issues at DTSC. At the heart of the criticisms around DTSC’s failings is a lack of accountability and transparency.

While these new bills will result in tightening the statute, additional action is needed to address the systemic problem of greater transparency and accountability within DTSC.

1. Second Attempt. Assemblymember Kalra introduced a similar bill in 2017 which was vetoed by Governor Brown. In his veto message, the governor states:

This bill would require the Department of Toxic Substances Control to adopt regulations establishing the frequency of inspections for permitted hazardous waste facilities.

There is no question that comprehensive reform of the Department's operations is needed and the Administration is committed to working with the Legislature on that task. When it comes to protecting the public health of our communities, government cannot afford to make promises it cannot keep.

Adding new responsibilities to the Department must be undertaken holistically while considering the resources and funding available. Doing anything less robs the community of a real solution and sets government up for failure.

Addressing the structural problems at the Department, both fiscal and administrative, will not be an easy task, but one that is achievable if the Administration and the Legislature work together. I look forward to the partnership.

The Governor’s Budget released in January alluded to DTSC reforms. However, to date the Governor has not introduced or assisted in constructing a comprehensive reform in partnership with the Legislature. In fact, the Governor’s May Revise of the Budget proposed expenditures of dollars from the fund created to collect the fee and implement the program as provided for in the Lead-Acid Battery Act of 2016 to make up for structural deficits in the Hazardous Waste Control Account and in the Toxic Substances Control Account for the 2018-2019 budget year rather than engage in real reforms.

Related/Prior Legislation

AB 2345 (Reyes, 2014). Requires an applicant for a hazardous waste facilities permit to submit their application two years before their permit expires. This bill has been referred to Senate Appropriations.

AB 2606 (Fong, 2014). Deems a hazardous waste facility permit renewal application approved within 90 days of submittal by the applicant if DTSC has not taken action on the application. Caps the amount DTSC can be reimbursed for processing a hazardous waste permit application at an unspecified amount. Amends the same section of law as AB 2345. This bill is awaiting referral in Senate Rules.

AB 1179 (Kalra, 2017) would have required DTSC to, on or before January 1, 2020, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and for hazardous waste generators and transporters. AB 1179 was vetoed by Governor Brown who stated that comprehensive fiscal and structural reforms are necessary.

AB 245 (Quirk, Chapter 499,Statutes of 2017) requires DTSC, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting; requires DTSC review the financial assurances required to operate a hazardous waste facility at least once every 5 years; requires DTSC, under specified circumstances, to request an owner or operator of a hazardous waste facility to submit to DTSC for review and approval a written cost estimate to cover activities associated with a corrective action based on available data, history of releases, and site activities, as specified and require the owner or operator, within 90 days of the approval or the imposition of a corrective action cost estimate, as specified, to fund the cost estimate or enter into a schedule of compliance for assurances of financial responsibility for completing the corrective action; requires DTSC to review permit financial assurance every 5 years; and increases administrative and civil penalties to $37,500.

AB 246 (Santiago, 2017) would have promoted the use of fence line monitoring by hazardous waste facility permit holders. This bill was amended to pertain to a different subject.

AB 248 (Reyes, 2017) requires permittees to submit complete renewal applications 6 months prior to expiration of a hazardous waste facilities permit if the permit is due to expire prior to July 1, 2020 and two years prior to expiration for those permits that expire after July 1, 2020. AB 248 was vetoed by Governor Brown who stated that comprehensive fiscal and structural reforms are necessary.

SB 774 (Leyva, 2017) creates a governing board over DTSC. This bill is on the floor of the Assembly.

AB 1102 (Santiago, 2016) would have required DTSC to inspect a permitted hazardous waste land disposal facility no less than once per month, inspect a permitted and operating hazardous waste facility no less than four times per calendar year, and inspect a permitted hazardous waste facility no less than two times per calendar year.  AB 1102 was held by the author in the Senate Environmental Quality Committee.

AB 1205 (Gomez, 2016) would have required DTSC, within 90 days of receiving a renewal application for a hazardous waste facilities permit, to hold a public meeting for specified purposes in or near the community in which the hazardous waste facility is located and requires DTSC review the financial assurances required to operate a hazardous waste facility at least once every 5 years. If the department’s review finds the financial assurances for a facility to be inadequate, the bill would require the department to notify the owner or operator of the facility and would require the owner or operator to update and adopt adequate financial assurances within 90 days. AB 1205 was held by the author in the Senate Environmental Quality Committee.

AB 1400 (Santiago, 2016)  would have required DTSC, as a condition for a new hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, to require a facility operator to install monitoring devices or other equipment at the fence line of the facility to monitor for potential releases from the facility into the surrounding community, except as specified; requires DTSC to grant such a request from a member of the public for a technical assistance grant for the purpose of getting assistance relating to, and information about, a pending hazardous waste facilities permit if DTSC receives the request within one year of the submission of the applicable hazardous waste facilities permit application, and would authorize DTSC to, in its discretion, grant such a request received more than one year from the submission of the applicable permit application, requires the permit applicant to fund the grants; requires DTSC, upon receipt of an application for a new hazardous waste facilities permit or for a renewal of a hazardous waste facilities permit, to post on its Internet Web site that the application has been received, and to include with this information a description of the process for applying for a technical assistance grant. AB 1400 was held by the author in the Senate Environmental Quality Committee.

SB 83 (Committee on Budget and Fiscal Review, Chapter 24, Statutes of 2015) among other things, created the IRP to review and make recommendations for improving DTSC programs, as specified.

SB 673 (Lara, Chapter 611, Statutes of 2015) revises the DTSC’s permitting process and public participation requirements for hazardous waste facilities.

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.

SOURCE:

Center on Race, Poverty & the Environment

SUPPORT:

Asian Pacific Environmental Network (APEN)

AZUL

Breast Cancer Prevention Partners

California Environmental Justice Alliance

California League of Conservation Voters

Center for Environmental Health

Center on Race, Poverty and the Environment

Clean Water Action

Environmental Working Group

Friends Committee on Legislation of California

Friends of the Earth

Natural Resources Defense Council

Sierra Club California

The Trust For Public Lands

OPPOSITION:

California Chamber of Commerce

California Business Properties Association

California Cement Manufacturers Environmental Coalition (CCMEC)

California Manufacturers & Technology Association

California Metals Coalition

California Small Business Alliance

Camarillo Chamber of Commerce

Chemical Industry Council of California

Clean Harbors Environmental Services, Inc.

El Dorado County Chamber of Commerce

Greater Fresno Area Chamber of Commerce

Industrial Environmental Association

Metal Finishing Association of Northern California

Metal Finishing Association of Southern California

National Federation of Independent Business

North Orange County Chamber

Oxnard Chamber of Commerce

Palm Desert Area Chamber of Commerce

Rancho Cordova Chamber of Commerce

Redondo Beach Chamber of Commerce & Visitors Bureau

Safety-Kleen, Inc.

San Diego Regional Chamber of Commerce

South Bay Association of Chambers of Commerce

Southwest California Legislative Council

Simi Valley Chamber of Commerce

Torrance Chamber of Commerce

West Coast Lumber & Building Material Association

Western Plant Health Association

Western States Petroleum Association

Western Independent Refiners Association

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ASSEMBLY THIRD READING

ATR Bill Id:

Author:(Kalra)

As Introduced Ver:February 7, 2018

Majority vote

SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2021, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities; hazardous waste generators; and, transporters.

EXISTING LAW:

1) Requires DTSC to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL.

2) Authorizes DTSC to conduct inspections, conduct sampling activities, inspect, and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed.

FISCAL EFFECT: According to the Assembly Appropriations Committee, enactment of this bill could lead to unknown one-time costs, likely of between $150,000 and $250,000, for DTSC to adopt regulations on inspection frequencies, and to unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections.

COMMENTS:

Need for the bill: According to the author, "Current law provides DTSC with complete discretion on when and what frequency to provide facility inspections. AB 2094 sets a mandatory minimum to ensure that DTSC is effectively monitoring and enforcing compliance at the facilities in its charge. AB 2094 will help ensure that violations are discovered quickly and facilities are brought back into compliance, thereby minimizing harm to nearby communities."

DTSC's hazardous waste management permitting program: DTSC is responsible for administering the hazardous waste facility permitting program established under the HWCL and the federal Resource Conservation and Recovery Act (RCRA). The core activities of the permitting program 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.

DTSC's hazardous waste management enforcement program: DTSC's inspection and enforcement responsibilities include its delegated authority under RCRA, California's HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC's hazardous waste management program include routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and, targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

DTSC Independent Review Panel (IRP): In 2015, the Legislature passed and the Governor signed SB 83 (Budget Committee), Chapter 24, which established within DTSC a three-member IRP to review and make recommendations regarding improvements to DTSC's permitting, enforcement, public outreach, and fiscal management. In 2016 the IRP issued their report on DTSC's enforcement program. Included in their recommendations to the Governor and Legislature was a recommendation that DTSC include inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators in statute.

Why setting minimum inspection frequencies make sense: Managing hazardous waste is a complex and potentially dangerous task; incorrect handling of certain hazardous wastes could pose significant threats to human health and safety and the environment. Ensuring compliance with state and federal hazardous waste laws is one of DTSC's core regulatory functions. Inspecting hazardous waste facilities is a vital tool to ensure that these hazardous waste facilities are in compliance or have returned to compliance from recent violations. Current law does not impose minimum inspection frequencies for hazardous waste facilities. Given the potential hazards associated with the mismanagement of these wastes, it is appropriate to direct DTSC to adopt regulations for inspection frequencies for hazardous waste facilities, generators, and transporters. The approach in this bill provides DTSC flexibility on how best to set inspection targets via a public rulemaking process.

Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0003102

Date of Hearing: April 4, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 2094

Author:(Kalra) – As Introduced Ver:February 7, 2018

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Toxic Substances Control (DTSC) to adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage and disposal facilities and for hazardous waste generators and transporters by January 1, 2021.

Additionally, this bill requires DTSC to set the inspection frequency for hazardous waste landfills at no less than two times per calendar year and requires the inspection frequency for any other permitted hazardous waste facility to be no less than once per calendar year.

FISCAL EFFECT:

1. Unknown one-time costs, likely of between $150,000 and $250,000 for DTSC to adopt regulations on inspection frequencies (special fund).
2. Unknown increased annual costs, potentially in the low millions of dollars, for DTSC to increase landfill and facility inspections (special fund).
3. Unknown increased Certified Unified Program Agency (CUPA) costs resulting from increased inspections offset by increased fees on facilities (special fund).

COMMENTS:

1. Purpose. According to the author, hazardous waste facilities that are not in compliance with state and federal laws and regulations pose a risk to public health and the environment. The author further contends that it is vital that permitted hazardous waste facilities be inspected on a regular basis to ensure compliance with state and federal laws and regulations. This bill sets minimum inspection frequencies for DTSC for hazardous waste facilities to ensure compliance.
2. Background. DTSC is responsible for administering the hazardous waste facility permitting program established under the Hazardous Waste Control Law (HWCL) and the federal Resource Conservation and Recovery Act (RCRA). DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste.

Core activities of DTSC’s hazardous waste management program include: routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

1. DTSC Independent Review Panel (IRP). SB 83 (Committee on Budget and Fiscal Review), Chapter 24, Statutes of 2015, established a three-member IRP to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management. The IRP’s third report was issued in July 2016 and focused on DTSC’s enforcement program. This IRP report offered three recommendations to the governor and Legislature:
2. Include, in statute, inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators in statute. The frequencies should be based on facility compliance history, quantity of waste, toxicity risk, and proximity to sensitive habitats and populations at risk, including disadvantaged communities;
3. Support AB 1858 (Santiago, Chapter 449, statutes of 2016), which requires the Department of Motor Vehicles to establish an Unlicensed Automobile Dismantling Task Force to investigate the occurrences of unlicensed vehicle dismantling; and,
4. Increase the maximum penalties for violations of the HWCL to make them equivalent to the federal maximum penalties for similar violations, with an inflation allowance.

Pursuant to SB 83, the IRP was authorized until January 1, 2018. Over the course of its term, the IRP conducted 24 public meetings and released 11 progress and annual reports. On January 8, 2018, the IRP released its final report and recommendations concluding: "The Department has implemented, or is working on, most of the IRP’s recommendations and has achieved, or partially achieved, many of the IRP’s suggested performance metrics. However, there is more work to be done."

1. DTSC Enforcement Improvement Plan. In July 2017, DTSC released its Enforcement Improvement Plan (Plan). The Plan includes five main goals: 1) clearly define the inspection and enforcement process, and identify areas for streamlining and any barriers to an efficient inspection and enforcement program; 2) establish clear metrics to evaluate performance in inspection and enforcement activities; 3) create a formal review process for enforcement case management; 4) clearly communicate the inspection and enforcement process to stakeholders and the community; and, 5) incorporate community engagement in setting inspection and enforcement priorities.

This bill is consistent with the goals of the Plan.

1. Certified Unified Program Agencies. The Secretary of the CalEPA oversees the "unified hazardous waste and hazardous materials management" regulatory program (Unified Program). Currently, there are 81 Certified Unified Program Agencies (CUPAs) in California. The Unified Program consolidates, coordinates the following six existing programs:
2. Hazardous Materials Release Response Plans and Inventories (Business Plans);
3. California Accidental Release Prevention (CalARP) Program;
4. Underground Storage Tank Program;
5. Aboveground Petroleum Storage Act;
6. Hazardous Waste Generator and Onsite Hazardous Waste Treatment Programs; and,
7. California Uniform Fire Code: Hazardous Material Management Plans and Hazardous Material Inventory Statements.

Cal EPA and the Governor's Office of Emergency Services (OES) are responsible for setting program element standards to ensure program consistency, and providing technical assistance to the CUPAs.

CUPAs perform hazardous waste facility inspections. By increasing the frequency of inspections, this bill will increase the workload for some CUPAs. Since CUPAs operate on a fee basis, this bill will increase fees for facilities.

1. Similar Legislation. AB 1179 (Kalra) would have required DTSC to adopt regulations setting inspection frequencies for hazardous waste facilities. This bill passed the Legislature but was vetoed by Governor Brown. In his veto message, Governor Brown stated:

There is no question that comprehensive reform of the Department's operations is needed and the Administration is committed to working with the Legislature on that task. When it comes to protecting the public health of our communities, government cannot afford to make promises it cannot keep.

Adding new responsibilities to the Department must be undertaken holistically while considering the resources and funding available. Doing anything less robs the community of a real solution and sets government up for failure.

Addressing the structural problems at the Department, both fiscal and administrative, will not be an easy task, but one that is achievable if the Administration and the Legislature work together. I look forward to the partnership.

1. Related Legislation. AB 2345 (Reyes) makes several changes to improve the permitting of hazardous waste facilities. AB 2345 will be heard today in this committee.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: March 20, 2018

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Bill Quirk, Chair

ABPCA Bill Id:AB 2094 (

Author:Kalra) – As Introduced Ver:February 7, 2018

SUBJECT: Hazardous waste facilities: inspections

SUMMARY: Requires the Department of Toxic Substances Control (DTSC) to, on or before January 1, 2021, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities; hazardous waste generators; and, transporters. Specifically, this bill:

1) Requires DTSC to, on or before January 1, 2021, adopt regulations establishing inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities; hazardous waste generators; and, transporters.

2) Requires DTSC, when adopting regulations establishing inspection frequencies for hazardous waste facilities, generators, and transporters, to include criteria for increasing the frequency of inspections based on factors including, but not limited to, compliance history, the quantity of hazardous waste handled, the ignitability, corrosivity, reactivity, and toxicity of hazardous waste handled, and proximity to sensitive habitats, sensitive receptors, or disadvantaged communities.

3) Requires DTSC to set the inspection frequency for hazardous waste landfills at no less than two times per calendar year. Requires the inspection frequency for any other permitted hazardous waste facility to be no less than once per calendar year.

4) Defines "disadvantaged community" as an area that is a low-income area and is disproportionately affected by environmental pollution or other hazards that can lead to negative health effects, exposure, or environmental degradation.

5) Defines "low-income area" as an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits.

EXISTING LAW:

1) Requires DTSC to enforce the standards within the Hazardous Waste Control Law (HWCL) and the regulations adopted by DTSC pursuant to the HWCL. (Health and Safety Code Section (HSC) § 25180)

2) Authorizes DTSC to conduct inspections, conduct sampling activities, inspect, and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed. (HSC § 25185)

3) Authorizes DTSC to deny, suspend, or revoke any permit, registration, or certificate applied for, or issued pursuant to the HWCL. (HSC § 25186)

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill: According to the author,

"Current law provides DTSC with complete discretion on when and what frequency to provide facility inspections. AB 2094 sets a mandatory minimum to ensure that department is effectively monitoring and enforcing compliance at the facilities in its charge. AB 2094 will help ensure that violations are discovered quickly and facilities are brought back into compliance, thereby minimizing harm to nearby communities.

Communities across the state have expressed concerns regarding the regulation of hazardous waste facilities. The situation at the Exide facility in Vernon, California—where lax permitting and enforcement allowed the plant to operate near a disadvantaged community and emit toxic metals like lead for over three decades on a temporary permit—is a prime example that validates the public’s concerns. More frequent inspections may have addressed violations sooner. While the plant has closed down, other communities should not suffer the same fate.

Hazardous waste facilities that are not in compliance with state and federal laws and regulations pose a risk to public health and the environment. t is vital that permitted hazardous waste facilities be inspected on a regular basis to ensure compliance with state and federal laws and regulations. AB 2094 sets minimum inspection frequencies for DTSC for hazardous waste facilities to ensure compliance."

DTSC’s hazardous waste management permitting program: DTSC is responsible for administering the hazardous waste facility permitting program established under the HWCL and the federal Resource Conservation and Recovery Act (RCRA). The core activities of the permitting program 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.

DTSC’s hazardous waste management enforcement program: DTSC’s inspection and enforcement responsibilities include its delegated authority under RCRA, California’s HWCL, and state laws pertaining to toxics in packaging, toxic substances in consumer products, and disposal of universal wastes such as electronic waste. Core activities of DTSC’s hazardous waste management program include routine compliance inspections, which involve review of submitted data and reports as well as physical observation, testing, and evaluation of regulated facilities; and, targeted compliance inspections, which involve review of specific units or processes in response to focused concerns or to inform permitting decisions, as well as analysis of current and historical compliance to inform those decisions.

According to DTSC documents dated January 2016, the following are the current inspection frequencies based on facility type:

# of facilities Type of facility Frequency

11 Operating federal facility every year

3 Operating landfill every year

47 Operating treatment/storage facility every 2 years

32 Operating treatment/storage state only

or standardized permit every 1-3 years

30 Post-closure facility every 3-5 years

DTSC Independent Review Panel (IRP): In 2015, the Legislature passed and the Governor signed SB 83 (Budget Committee, Chapter 24, Statutes of 2015) which establishes within DTSC a three-member IRP to review and make recommendations regarding improvements to DTSC’s permitting, enforcement, public outreach, and fiscal management. The IRP is required to submit recommendations to the Governor and Legislature at the time of each submission of the Governor’s budget, 90 days after the IRP was initially appointed and every 90 days thereafter on DTSC's progress in reducing permitting and enforcement backlogs, improving public outreach, and improving fiscal management.

The IRP’s third report was issued in July 2016 and focused on DTSC’s enforcement program. The IRP noted that DTSC met or exceeded its federal inspection targets under its federal grant under RCRA as well as nearly all of its state inspection commitments and targets during Fiscal Year 2015-16. Additionally, in this report the IRP recommended to the Governor and Legislature: to include inspection frequencies for permitted hazardous waste treatment, storage, and disposal facilities and hazardous waste generators in statute. The IRP further recommended that the inspection frequencies should be based on facility compliance history, quantity of waste, toxicity risk, and proximity to sensitive habitats and populations at risk, including disadvantaged communities.

IRP concludes: Pursuant to SB 83, the IRP was authorized until January 1, 2018. Over the course of its term, the IRP conducted 24 public meetings and released 11 progress and annual reports. On January 8, 2018 the IRP released its final report and recommendations concluding: "The Department has implemented, or is working on, most of the IRP’s recommendations and has achieved, or partially achieved, many of the IRP’s suggested performance metrics. However, there is more work to be done."

DTSC Enforcement Improvement Plan: In July 2017 DTSC released its Enforcement Improvement Plan (Plan) that details efforts to improve the efficiency, effectiveness, and transparency of DTSC's enforcement program. The objective of the Plan is to outline projects, associated milestones, and timelines DTSC is developing and implementing to meet or exceed program objectives. The Plan includes five main goals: (1) clearly define the inspection and enforcement process, and identify areas for streamlining and barriers to an efficient inspection and enforcement program; (2) establish clear metrics to evaluate performance in inspection and enforcement activities; (3) create a formal review process for enforcement case management; (4) clearly communicate the inspection and enforcement process to stakeholders and the community; and, (5) incorporate community engagement in setting inspection and enforcement priorities. The Plan is set up as an outline and will require extensive detail as it is implemented. Additionally, it is unclear if DTSC held any stakeholder workshops on its enforcement program to gain feedback prior to releasing this Plan. This, of course, has been one of the chief criticisms of DTSC, that it acts before receiving input from stakeholders. The Plan includes multiple steps that DTSC can make internally to improve its enforcement program; however, it also includes a review and recommendation of needed statutory and regulatory changes. This is where AB 2094 could be used in order to assist DTSC with implementing its enforcement Plan.

Uncertainty creating chaos: Given the testimony at the numerous meetings held by the IRP and testimony given at various legislative hearings on DTSC bills over the past few years, one consistent theme is raised by community members that live near hazardous waste facilities and the operators of those facilities: no one is really sure how DTSC is making decisions or what criteria is used for those decisions. This lack of clarity is apparent when looking at the recent regulations proposed by DTSC regarding implementation of SB 673 (Lara, Chapter 611, Statutes of 2015). SB 673 requires DTSC by January 1, 2018, to adopt regulations establishing criteria for use in determining whether to issue a new or modified hazardous waste facilities permit or a renewal of a hazardous waste facilities permit. While a draft of the regulations has been released, DTSC has not released the final regulations and it not clear at this time when the final regulations will be released. Clearly by the comments submitted on these draft regulations one thing is obvious, the regulated entities and the community members agree that DTSC got it all wrong. Additionally the stakeholders seem very concerned that their comments will fall on deaf ears, thus creating a wider chasm than what currently divides DTSC and stakeholders. Also, DTSC's recent permitting fee for service has caused great consternation with the permitted facilities, with one of the chief concerns being that the facility will not have a rough cost estimate of the permit before they begin the permitting process. All of these issues are connected in that they continue to add uncertainty for both the regulated facilities and the communities that live near them. This uncertainty is precisely why a consistent set of inspection frequencies, adopted via regulation, as envisioned within AB 2094, are needed.

Considerations for the author: DTSC's enforcement improvement plan provides an outline of how DTSC can improve its enforcement of hazardous waste facilities. This Plan also suggests that statutory changes will be needed to address enforcement issues and implement this Plan. The author may wish to consider reaching out to DTSC to learn what statutory changes the department is contemplating as those changes could be a perfect fit for what AB 2094 is seeking to accomplish. The author also may wish to consider any additional changes that could provide for improved stakeholder input before and during the regulatory process.

Similar legislation to AB 2094: AB 1179 (Kalra) would have required DTSC to adopt regulations setting inspection frequencies for hazardous waste facilities, was passed by the Legislature in 2017 and was vetoed by the Governor. Here is the Governor's veto message:

"This bill would require the Department of Toxic Substances Control to adopt regulations establishing the frequency of inspections for permitted hazardous waste facilities.

There is no question that comprehensive reform of the Department's operations is needed and the Administration is committed to working with the Legislature on that task. When it comes to protecting the public health of our communities, government cannot afford to make promises it cannot keep.

Adding new responsibilities to the Department must be undertaken holistically while considering the resources and funding available. Doing anything less robs the community of a real solution and sets government up for failure.

Addressing the structural problems at the Department, both fiscal and administrative, will not be an easy task, but one that is achievable if the Administration and the Legislature work together. I look forward to the partnership."

The Governor makes a good point and, with a partnership between the Administration and the Legislature, policy changes recommended by the IRP, such as those contained in AB 2094, could move forward.

Final thoughts: Managing hazardous waste is a complex and potentially dangerous task; incorrect handling of certain hazardous wastes could pose significant threats to human health and safety and the environment. Ensuring compliance with state and federal hazardous waste laws is one of DTSC’s core regulatory functions. Inspecting hazardous waste facilities is a vital tool to ensure that these hazardous waste facilities are in compliance or have returned to compliance from recent violations. Current law does not impose minimum inspection frequencies for hazardous waste facilities. Given the potential hazards associated with the mismanagement of these wastes it is appropriate to direct DTSC to adopt regulations for inspection frequencies for hazardous waste facilities, generators, and transporters. The approach in AB 2094 provides DTSC flexibility on how best set inspection targets via a public rulemaking process.

Related legislation:

1) AB 2345 (Reyes). Requires an applicant for a hazardous waste facilities permit to submit their application two years before their permit expires. This bill is set for hearing in the Assembly Environmental Safety and Toxic Materials Committee on March 20, 2018.

2) AB 2130 (Brough). Requires an entity that is responsible for paying the hazardous waste disposal fee, hazardous waste facility fee, or hazardous waste generator fee, to remit that fee to the Department of Tax and Fee Administration within 45 days of the fee being assessed. This bill is pending referral by the Assembly Rules Committee.

3) AB 2606 (Fong). Deems a hazardous waste facility permit renewal application approved within 90 days of submittal by the applicant if DTSC has not taken action on the application. Caps the amount DTSC can be reimbursed for processing a hazardous waste permit application at an unspecified amount. Amends the same section of law as AB 2345. This bill was referred to the Assembly Environmental Safety and Toxic Materials Committee on March 8, 2018.

4) AB 245 (Quirk, Chapter 499, Statutes of 2017). Increased the maximum penalties for hazardous waste violations to make them equivalent to the federal penalties for the same violations.

5) AB 248 (Reyes, 2017). Would have required an applicant for a hazardous waste facilities permit to submit their application two years before their permit expires. This bill was vetoed by the Governor.

6) AB 1179 (Kalra, 2017). Would have established frequencies for DTSC to adhere to when inspecting permitted hazardous waste facilities. This bill is was vetoed by the Governor.

7) SB 774 (Leyva). Creates the California Toxic Substances Board (Board) within DTSC to provide effective, reliable, transparent, and accountable oversight of California's hazardous waste management and of the remediation of contaminated sites. This bill is on the inactive file on the Assembly Floor.

8) SB 673 (Lara, Chapter 611, Statutes of 2015). Requires DTSC, by July 1, 2018, to adopt criteria for use in determining whether to issue a new or modified hazardous waste facilities permit or a renewal of a hazardous waste facilities permit, and to develop and implement programmatic reforms designed to improve the protectiveness, timeliness, legal defensibility, and enforceability of DTSC's permitting program.

REGISTERED SUPPORT / OPPOSITION:

Support

Asian Pacific Environmental Network (APEN)

AZUL

Breast Cancer Prevention Partners

California Environmental Justice Alliance

California League of Conservation Voters

Center for Environmental Health

Center on Race, Poverty and the Environment

Clean Water Action

Environmental Working Group

Friends Committee on Legislation of California

Friends of the Earth

Natural Resources Defense Council

Sierra Club California

The Trust For Public Lands

Opposition

California Chamber of Commerce

California Business Properties Association

California Cement Manufacturers Environmental Coalition (CCMEC)

California Manufacturers & Technology Association

California Metals Coalition

California Small Business Alliance

Camarillo Chamber of Commerce

Chemical Industry Council of California

Clean Harbors Environmental Services, Inc.

El Dorado County Chamber of Commerce

Greater Fresno Area Chamber of Commerce

Industrial Environmental Association

Metal Finishing Association of Northern California

Metal Finishing Association of Southern California

National Federation of Independent Business

North Orange County Chamber

Oxnard Chamber of Commerce

Palm Desert Area Chamber of Commerce

Rancho Cordova Chamber of Commerce

Redondo Beach Chamber of Commerce & Visitors Bureau

Safety-Kleen, Inc.

San Diego Regional Chamber of Commerce

South Bay Association of Chambers of Commerce

Southwest California Legislative Council

Simi Valley Chamber of Commerce

Torrance Chamber of Commerce

West Coast Lumber & Building Material Association

Western Plant Health Association

Western States Petroleum Association

Western Independent Refiners Association

Analysis Prepared by: Josh Tooker / E.S. & T.M. /