Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the State Air Resources Board or the air district to adopt rules and regulations to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. Existing law requires the air pollution control officer to inspect, as the officer determines necessary, the monitoring devices installed in every stationary source of air contaminants located within a jurisdiction that is required to have those devices to ensure that the devices are functioning properly. Existing law authorizes the district to require reasonable fees to be paid by the operator of that source to cover the expense of the inspection and other costs related thereto. A person who violates these requirements, or any rule, regulation, permit, or order of the state board or of a district adopted pursuant to these requirements is guilty of a misdemeanor and subject to a specified fine or imprisonment, or both a fine and imprisonment, as provided.

This bill would require, on or before January 1, 2027, the owner or operator of a wastewater treatment facility that is located within 1,500 feet of a residential area and has an original design capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system approved by the appropriate air quality management district. The bill would require the wastewater treatment-related fence-line monitoring system to include equipment capable of measuring pollutants of concern, as provided, emitted into the atmosphere that the appropriate air quality management district deems appropriate for monitoring. The bill would provide that it does not alter the responsibility of an owner or operator of a wastewater treatment facility to not exceed limits for nitrogen oxides and volatile organic compounds emitted into the atmosphere established in existing air quality regulations, as provided, and would require source testing for these pollutants to be conducted pursuant to a protocol approved by the appropriate air quality management district.

This bill would require the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, to maintain records of that data for at least 3 years, and to transmit that data to the appropriate air quality management district. The bill would require the air quality management district to maintain records of data from a wastewater treatment-related fence-line monitoring system for at least 3 years. In addition, the bill would require, to the extent feasible, the data generated by these systems to be provided to the public in a publicly accessible format that provides a real-time data display.

This bill also would require the owner or operator of a wastewater treatment facility to be responsible for specified costs related to the wastewater treatment-related fence-line monitoring system, including all costs incurred by the air quality management district related to the wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility, and the costs associated with providing the required data to the air quality management district and the public.

By adding to the duties of air districts and by expanding the scope of crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the State Air Resources Board or the air district to adopt rules and regulations to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. Existing law requires the air pollution control officer to inspect, as the officer determines necessary, the monitoring devices installed in every stationary source of air contaminants located within a jurisdiction that is required to have those devices to ensure that the devices are functioning properly. Existing law authorizes the district to require reasonable fees to be paid by the operator of that source to cover the expense of the inspection and other costs related thereto. A person who violates these requirements, or any rule, regulation, permit, or order of the state board or of a district adopted pursuant to these requirements is guilty of a misdemeanor and subject to a specified fine or imprisonment, or both a fine and imprisonment, as provided.

This bill would require, on or before January 1, 2027, the owner or operator of a wastewater treatment facility that is located within 1,500 feet of a residential area and has an original design capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system approved by the appropriate air quality management district. The bill would require the wastewater treatment-related fence-line monitoring system to include equipment capable of measuring pollutants of concern, as provided, emitted into the atmosphere that the appropriate air quality management district deems appropriate for monitoring. The bill would provide that it does not alter the responsibility of an owner or operator of a wastewater treatment facility to not exceed limits for nitrogen oxides and volatile organic compounds emitted into the atmosphere established in existing air quality regulations, as provided, and would require source testing for these pollutants to be conducted pursuant to a protocol approved by the appropriate air quality management district.

This bill would require the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, to maintain records of that data for at least 3 years, and to transmit that data to the appropriate air quality management district. The bill would require the air quality management district to maintain records of data from a wastewater treatment-related fence-line monitoring system for at least 3 years. In addition, the bill would require, to the extent feasible, the data generated by these systems to be provided to the public in a publicly accessible format that provides a real-time data display.

This bill also would require the owner or operator of a wastewater treatment facility to be responsible for specified costs related to the wastewater treatment-related fence-line monitoring system, including all costs incurred by the air quality management district related to the wastewater treatment-related fence-line monitoring system and source testing at the wastewater treatment facility, and the costs associated with providing the required data to the air quality management district and the public.

By adding to the duties of air districts and by expanding the scope of crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the State Air Resources Board or the air district to adopt rules and regulations to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. Existing law requires the air pollution control officer to inspect, as the officer determines necessary, the monitoring devices installed in every stationary source of air contaminants located within a jurisdiction that is required to have those devices to ensure that the devices are functioning properly. Existing law authorizes the district to require reasonable fees to be paid by the operator of that source to cover the expense of the inspection and other costs related thereto. A person who violates these requirements, or any rule, regulation, permit, or order of the state board or of a district adopted pursuant to these requirements is guilty of a misdemeanor and subject to a specified fine or imprisonment, or both a fine and imprisonment, as provided.

This bill would require, on or before January 1, 2025, 2027, the owner or operator of a wastewater treatment facility that is located within 1,500 feet of a residential area and has an original design capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system in accordance with guidance developed approved by the appropriate air quality management district. The bill would require the wastewater treatment-related fence-line monitoring system to include equipment capable of measuring pollutants of concern, including hydrogen sulfide, as provided, emitted into the atmosphere that the appropriate air quality management district deems appropriate for monitoring. The bill would provide that it does not alter the responsibility of an owner or operator of a wastewater treatment facility to not exceed limits for nitrogen oxides, oxides and volatile organic compounds emitted to into the atmosphere from wastewater treatment or reclamation processes that the appropriate district deems appropriate for monitoring. The established in existing air quality regulations, as provided, and would require source testing for these pollutants to be conducted pursuant to a protocol approved by the appropriate air quality management district.

This bill would also require the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, to maintain records of that data, data for at least 3 years, and to transmit the that data to the appropriate air quality management district in accordance with the districts guidance. district. In addition, the bill would require, to the extent feasible, the data generated by these systems to be provided to the public as quickly as possible in a publicly accessible format. format that provides a real-time data display.

By adding to the duties of air districts and by expanding the scope of crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the State Air Resources Board or the air district to adopt rules and regulations to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. Existing law requires the air pollution control officer to inspect, as the officer determines necessary, the monitoring devices installed in every stationary source of air contaminants located within a jurisdiction that is required to have those devices to ensure that the devices are functioning properly. Existing law authorizes the district to require reasonable fees to be paid by the operator of that source to cover the expense of the inspection and other costs related thereto. A person who violates these requirements, or any rule, regulation, permit, or order of the state board or of a district adopted pursuant to these requirements is guilty of a misdemeanor and subject to a specified fine or imprisonment, or both a fine and imprisonment, as provided.

This bill would require, on or before January 1, 2025, the owner or operator of a wastewater treatment facility that is located within 1,500 feet of a residential area and has an original design capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system in accordance with guidance developed by the appropriate air quality management district. The bill would require the wastewater treatment-related fence-line monitoring system to include equipment capable of measuring pollutants of concern, including hydrogen sulfide, nitrogen oxides, and volatile organic compounds emitted to the atmosphere from wastewater treatment or reclamation processes that the appropriate district deems appropriate for monitoring. The bill would also require the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, to maintain records of that data, and to transmit the data to the appropriate air quality management district in accordance with the districts guidance. In addition, the bill would require, to the extent feasible, the data generated by these systems to be provided to the public as quickly as possible in a publicly accessible format.

By adding to the duties of air districts and by expanding the scope of crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Existing law generally designates air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. Existing law authorizes the State Air Resources Board or the air district to adopt rules and regulations to require the owner or the operator of an air pollution emission source to take any action that the state board or the air district determines to be reasonable for the determination of the amount of air pollution emissions from that source. Existing law requires the air pollution control officer to inspect, as the officer determines necessary, the monitoring devices installed in every stationary source of air contaminants located within a jurisdiction that is required to have those devices to ensure that the devices are functioning properly. Existing law authorizes the district to require reasonable fees to be paid by the operator of that source to cover the expense of the inspection and other costs related thereto. A person who violates these requirements, or any rule, regulation, permit, or order of the state board or of a district adopted pursuant to these requirements is guilty of a misdemeanor and subject to a specified fine or imprisonment, or both a fine and imprisonment, as provided.

This bill would require, on or before January 1, 2025, the owner or operator of a wastewater treatment facility that is located within 1,500 feet of a residential area and meets other, specified criteria has an original design capacity of 425,000,000 gallons or more per day to develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed by the appropriate air quality management district. The bill would require the fence-line monitoring system to include equipment capable of measuring pollutants of concern, including hydrogen sulfide, nitrogen oxides, and volatile organic compounds emitted to the atmosphere from wastewater treatment or reclamation processes that the appropriate district deems appropriate for monitoring. The bill would also require the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, to maintain records of that data, and to transmit the data to the appropriate air quality management district in accordance with the districts guidance. In addition, the bill would require, to the extent feasible, the data generated by these systems to be provided to the public as quickly as possible in a publicly accessible format.

By adding to the duties of air districts and by expanding the scope of crimes, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. Existing law requires the State Water Resources Control Board to classify types of wastewater treatment plants, as defined, for the purpose of determining the levels of competence necessary to operate them.

This bill would state the intent of the Legislature to enact legislation that would relate to improving the monitoring of emissions from wastewater treatment plants.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1216

Author:(Muratsuchi)

As Amended Ver:August 16, 2023

Majority vote

SUMMARY

This bill requires the owner or operator of a wastewater treatment facility, on or before January 1, 2027, to install, operate, and maintain a fence-line monitoring system to track emissions of pollutants of concern, including hydrogen sulfide, in accordance that is approved by the appropriate air quality management district.

Senate Amendments

1. Extend the date for the installation of the fence-line monitoring system from January 1, 2025 to January 1, 2027.
2. Remove the requirement that the monitoring system test for nitrogen oxides and VOCs.
3. Specify that nothing in the bill shall be construed as altering the responsibility of an owner or operator of a wastewater treatment facility to not exceed the limits for nitrogen oxides and VOCs established by existing air quality regulations, as specified.
4. Require the air quality management district and the owner or operator of a wastewater treatment facility to maintain records of data from a monitoring system for at least three years.
5. Specify that the owner or operator of a wastewater treatment facility is responsible for specified costs, including costs associated with source testing at the wastewater treatment facility, providing the data to the air quality management district and the public, and all costs incurred by the air quality management district related to the monitoring system and source testing.

COMMENTS

Hyperion Water Reclamation Plant. The only facility that currently meets the definition of "wastewater treatment facility" in this bill is the Hyperion Water Reclamation Plant in the City of Los Angeles. Hyperion is Los Angeles City's oldest and largest wastewater treatment plant. The facility has been in operation since 1894, with numerous expansions and improvements over the last century. Hyperion treats an average of 275 million gallons of wastewater on a dry weather day; on rainy days, this number can double. The plant is designed to handle a maximum daily flow of 450 million gallons and peak wet weather flow of 800 million gallons per day.

Recent violations and enforcement actions. On July 11, 2021, the plant experienced a catastrophic backup in its headworks facility when the machines designed to remove plastic and large objects from incoming sewage became clogged. The backup resulted in 17 million gallons of untreated wastewater flooding the plant and flowing into the plant's one-mile outfall. According to Los Angeles Sanitation, a portion of this wastewater was pumped back to the facility after the incident. The flooding caused major damage to the facility leading to a prolonged interruption in the plant's operations, causing significant odor issues and the inability to fully treat wastewater for an extended period of time. The Los Angeles Regional Water Quality Control Board (Water Board) fined the City of Los Angeles, the owner of the plant, $21.7 million for the release of more than 12 million gallons of untreated wastewater into Santa Monica Bay, contrary to Los Angeles Sanitation's statement that sewage did not reach the bay, and related violations, including monitoring deficiencies leading to the spill. According to Water Board, the short term impacts of the event persisted for weeks, including residents reporting skin rashes, headaches, nausea, and noxious odors, multiple beach closures, and untold impacts to the marine environment.

In July of 2022, the South Coast Air Quality Management District (AQMD) issued six notices of violation for causing odors that have impacted residents on multiple occasions. Over the preceding month, the AQMD received more than 360 public complaints of sewage odors. The AQMD notes that between the spill on July 11, 2021 and July 21, 2022, inspectors responded to more than 3,000 complaints. The AQMD's webpage describing its ongoing oversight of the plant note numerous measurements with hand-held devices to check for hydrogen sulfide, methane, benzene, toluene, ethylbenzene, and xylenes. It also evaluates data from multiple air monitors located within one-mile of the plant that measure for hydrogen sulfide and volatile organic compounds, which have found some gases at higher than typical levels, but remain below the state's standard of 30 parts per billion averaged over one hour. These stationary monitors are not affiliated with the plant, but are instead part of a fence-line monitoring program at a nearby Chevron refinery.

The Los Angeles County Department of Public Health issued a series of letters to Los Angeles Sanitation, including directives, in an attempt to mitigate the public health impacts of the spill, including the ongoing odor issues. The department notes a number of concerns in a letter dated May 19, 2022, including lack of evidence that equipment is sufficient to provide treatment and processing of daily sewage flow and insufficient monitoring protocols of daily and instantaneous readings for hydrogen sulfide (this concern is noted as urgent in the letter). The letter urged "the immediate installation of a continuous fence line monitoring system…"

On September 8, 2022, the City of El Segundo declared a local state of emergency in response to the ongoing odors and gases being emitted from the Hyperion Wastewater Treatment Plant. According to the City, "Since the nearly catastrophic spill on July 11, 2022, El Segundo residents and businesses have continued to suffer from terrible odors and gases being released from the plant." The city identifies a number of positive steps that have been made since the declaration, including improved communication with the plant, specific actions required by the AQMD to reduce odors, and the assistance of a third-party expert. However, residents of El Segundo and other nearby communities continue to suffer from odors and concerns about air emissions.

This bill. This bill is intended to protect public health in the communities surrounding the Hyperion Wastewater Treatment Plant by requiring the facility, defined by its capacity and proximity to neighborhoods, to install and maintain a fence-line monitoring system capable of measuring hydrogen sulfide, nitrogen oxides, and volatile organic compounds.

According to the Author

Current air-quality monitoring requirements in place for Hyperion Water Reclamation Plant are insufficient, and the residents of El Segundo and other surrounding communities deserve to know the air is safe to breathe. After a major sewage spill, nearby residents risk getting physically ill from the persistent strong odors outside. Worse, they do not know whether these odors are toxic or not. AB 1216 protects public health and these communities by raising the air monitoring standards for wastewater treatment plants to match refinery requirements currently in place.

Arguments in Support

Writing in support, the City of El Segundo states:

The fence-line air-quality monitoring requirements in AB 1216 [are] similar to the current requirements of petroleum refineries in AB 1647 in that it mandates required fence-line air monitoring systems to better understand and mitigate sources of pollution to protect surrounding communities. Given the potentially toxic emissions created by both types of facilities, it makes sense to implement similar testing standards for publicly operated wastewater treatment plants to match the state standards for privately operated petroleum refineries.

Arguments in Opposition

Writing in opposition, the California Association of Sanitation Agencies states:

If violations to these permits occur, existing law provides for enforcement remedies, including fines, penalties and abatement orders. AB 1216 would supersede the recent decision of a local AQMD regarding a standing abatement order and would alter the monitoring requirements for the agency to include additional fence line monitoring which was previously considered and deemed unnecessary by the local AQMD. We are concerned that this approach undermines the local regulatory controls and creates uncertainty about the finality of any given enforcement action moving forward.

FISCAL COMMENTS

According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, this bill has negligible state costs.

VOTES:

ASM NATURAL RESOURCES: 8-3-0

YES: Luz Rivas, Addis, Friedman, Muratsuchi, Pellerin, Ward, Wood, Zbur

NO: Flora, Hoover, Mathis

ASM APPROPRIATIONS: 12-3-1

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson

NO: Megan Dahle, Dixon, Sanchez

ABS, ABST OR NV: Mathis

ASSEMBLY FLOOR: 59-15-6

YES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wood, Zbur, Rendon

NO: Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis

ABS, ABST OR NV: Alanis, Cervantes, Vince Fong, Friedman, Waldron, Wilson

SENATE FLOOR: 31-9-0

YES: Allen, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Alvarado-Gil, Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

UPDATED

VERSION: August 16, 2023

CONSULTANT: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0001887

 THIRD READING  

Bill No: AB 1216

Author: Muratsuchi (D), et al.

Amended: 8/16/23 in Senate

Vote: 21

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 5-2, 6/21/23

AYES: Allen, Gonzalez, Hurtado, Menjivar, Skinner

NOES: Dahle, Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 59-15, 5/18/23 - See last page for vote

SUBJECT: Wastewater treatment plants: monitoring of air pollutants

SOURCE: City of El Segundo

DIGEST:

This bill requires the Hyperion Water Reclamation Plant to install, operate, and maintain a fence-line monitoring system to track emissions of hydrogen sulfide, to perform source testing of nitrogen oxides and volatile organic compounds, and to do specified work in concert with the local air district.

ANALYSIS: Existing federal law establishes the Federal Clean Air Act (FCAA) to regulate, reduce, and control air pollution nationwide, including national ambient air quality standards for major air pollutants, hazardous air pollutants standards, state attainment plans, stationary source emissions standards and permits, and enforcement provisions. (42 United States Code §7401)

Existing state law:

1. Designates the California Air Resources Board (CARB) as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. (Health and Safety Code (HSC) §39500 et seq.)
2. Requires every local air district board to establish a permit system that requires, except as specified, that before any person builds, erects, replaces, operates, or uses any article, machine, or other contrivance that may cause the issuance of air contaminants, the person obtain a permit from the air pollution control officer of the district. (HSC §42300)
3. Prohibits any person from discharging from any source quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public. (HSC §41700)

This bill:

1. Defines “wastewater treatment facility” to mean a wastewater treatment or reclamation facility that both is located within 1,500 feet of a residential neighborhood and has an original design capacity of at least 425 million gallons per day; this definition is noteworthy in that it limits this bill exclusively to the Hyperion Water Reclamation Plant in Playa Del Rey, Los Angeles.
2. Defines “wastewater treatment-related fence-line monitoring system” to mean equipment that measures and records air pollutant concentrations, as specified, at or adjacent to a wastewater treatment facility.
3. Requires the owner or operator of a wastewater treatment facility to, by January 1, 2027, develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system which is:
   1. Approved by the appropriate air district; and
   2. Capable of measuring hydrogen sulfide.
4. States that, with regards to nitrogen oxides and volatile organic compounds (VOCs), source testing shall be conducted by the owner, operator, or a contractor, pursuant to a protocol approved by the air district.
5. Requires the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, shall maintain records of that data, and shall transmit the data to the appropriate air quality management district.
6. Stipulates that a wastewater treatment facility shall be responsible for the costs associated with the monitoring system, as well as other related and specified costs.

Background

1. Air pollutants from wastewater treatment. Sewage treatment plants can release numerous hazardous air pollutants, which pose significant health risks to nearby communities, including hydrogen sulfide, oxides of nitrogen, and VOCs, which can be emitted into the atmosphere through various processes. Hydrogen sulfide, commonly generated during the anaerobic decomposition of organic matter, emanates from anaerobic digesters, sludge treatment units, and sewer systems. Oxides of nitrogen, primarily nitrogen dioxide (NO2) and nitrogen monoxide (NO), are produced through the decomposition of organic nitrogen compounds, combustion processes, and microbial activity in wastewater treatment plants. VOCs encompass a wide range of chemical compounds, including alcohols, aldehydes, and hydrocarbons, which can be released from wastewater treatment operations such as aeration tanks, sludge handling, and storage facilities.

Emission levels of these air pollutants vary depending on multiple factors, some under the control of the wastewater treatment facility and some not. At some levels, these pollutants can lead to acute and chronic health impacts. While the pollutants listed above are all regulated under federal and California law, they are not all currently necessarily monitored at sub-acute levels, despite the impacts and nuisances they can produce.

1. Hyperion Water Reclamation Plant. Hyperion is Los Angeles City’s oldest and largest wastewater treatment plant. The facility has been in operation since 1894, with numerous expansions and improvements over the last century. Hyperion treats an average of 275 million gallons of wastewater on a dry weather day; on rainy days, this number can double. The plant is designed to handle a maximum daily flow of 450 million gallons and peak wet weather flow of 800 million gallons per day. Wastewater bio-resources generated by the plant are also used for energy generation and agricultural operations.
2. Recent violations and enforcement actions. On July 11, 2021, the plant experienced a catastrophic backup in its headworks facility when the machines designed to remove plastic and large objects from incoming sewage became clogged. The backup resulted in 17 million gallons of untreated wastewater flooding the plant and flowing into the plant’s one-mile outfall. The flooding caused major damage to the facility leading to a prolonged interruption in the plant’s operations, causing significant odor issues and the inability to fully treat wastewater for an extended period of time.

The Los Angeles Regional Water Quality Control Board (Water Board) fined the City of Los Angeles, the owner of the plant, $21.7 million for the release of more than 12 million gallons of untreated wastewater into Santa Monica Bay, contrary to Los Angeles Sanitation’s statement that sewage did not reach the bay, and related violations, including monitoring deficiencies leading to the spill. According to Water Board, the short term impacts of the event persisted for weeks, including residents reporting skin rashes, headaches, nausea, and noxious odors, multiple beach closures, and untold impacts to the marine environment.

The Los Angeles County Department of Public Health (LACDPH) issued a series of letters to Los Angeles Sanitation, including directives, in an attempt to mitigate the public health impacts of the spill, including the ongoing odor issues. The department notes a number of concerns in a letter dated May 19, 2022, including lack of evidence that equipment is sufficient to provide treatment and processing of daily sewage flow and insufficient monitoring protocols of daily and instantaneous readings for hydrogen sulfide (this concern is noted as urgent in the letter). The letter urged “the immediate installation of a continuous fence line monitoring system…”

In an LACDPH letter dated August 25, 2022, the Department stated that they had, “…repeatedly outlined the need for a comprehensive monitoring protocol for typical sewage-related gases that may be emitted from [Hyperion] including ammonia, methane, sulfur, dioxide, nitrous oxides, volatile organic compounds, and polycyclic aromatic hydrocarbons at Hyperion. These gases possess a wide range of human toxicity profiles and are as clinically significant as hydrogen sulfide; therefore, the health of the community is predicated on [Los Angeles Sanitation’s] efforts to document and minimize all community emissions, and not simply hydrogen sulfide.” (Emphasis added)

Even more recently, on January 25, 2023 after continued pressure from the city of El Segundo, South Coast Air Quality Management District (AQMD) expanded their previous Order of Abatement from three items to include 28 requirements. Hyperion now has to implement proper ventilation at the primary clarifiers when covers are removed, install pressure gauges at those clarifiers, put in windbreaks to prevent odors from flowing into the residential community, keep truck doors closed at loading facilities, provide maintenance proof reports, conduct community sampling for toxic compounds and lower the hydrogen sulfide reading threshold from 27 parts per billion to 15 ppb, among other new requirements.

Comments

1. Purpose of Bill. According to the author, “Current air-quality monitoring requirements in place for Hyperion Water Reclamation Plant are insufficient, and the residents of El Segundo and other surrounding communities deserve to know the air is safe to breathe. After a major sewage spill, nearby residents risk getting physically ill from the persistent strong odors outside. Worse, they do not know whether these odors are toxic or not. AB 1216 protects public health and these communities by raising the air monitoring standards for wastewater treatment plants to match refinery requirements currently in place.”
2. Important pollutants at an important location. Hyperion closely abuts the beach, as well as the city of El Segundo. Given the track record of pollution release issues, the size of this facility, and the proximity of communities, it makes sense that it be held to a higher standard. While this bills faces opposition that this bill creates a precedent of superseding local control to enhance monitoring activities at Hyperion, it seems this may be a reasonable response to a matter of public health and environmental protection.

On the other hand, Hyperion continues to be the subject of significant action and focus from the local El Segundo city government, South Coast AQMD, and the LACDPH. As noted in the background section, the recently significantly-expanded Order of Abatement imposes a number of requirements for odor and emission control that Hyperion is currently undertaking.

As part of the January expansion to the Order of Abatement, South Coast AQMD also moved up the timeline for Hyperion to complete the required work, from 2026 to the end of this year. Thus, between today and when the fenceline monitoring system required by this bill must be operational, Hyperion will need to install and begin operating a number of new control technologies, odor control practices, and other remedies to the issues facing the plant and El Segundo community.

With or without this bill, all of the following seem to be true: El Segundo is a city beset on all sides by significant sources of air pollution; the 2021 incident at Hyperion was an environmental tragedy and the source of considerable air and water pollution; the local government and regulators have imposed substantial requirements on Hyperion since the incident; Hyperion will continue to improve their processes to minimize pollution; and despite all of this, the city of El Segundo is likely to continue facing air pollution from Hyperion and other sources in the vicinity. Altogether, this suggests that the air pollutant monitoring required by this bill is not the be-all-end-all solution to El Segundo’s air quality woes, but it may be one small piece of helping the affected community better understand what they are breathing.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 8/31/23)

City of El Segundo (source)

City of El Segundo Environmental Committee

El Segundo Unified School District

South Coast Air Quality Management District

Surfrider Foundation South Bay Chapter

OPPOSITION: (Verified 8/31/23)

California Association of Sanitation Agencies

ARGUMENTS IN SUPPORT:

According to the El Segundo Unified School District, “Since the July 2021 spill, South Coast Air Quality Management District (SCAQMD) has issued over 65 notices of violation against [Hyperion]. One violation highlighted that [Hyperion] was operating six flares without a permit in the past six years, and was emitting Nitrogen Oxide above levels that were considered safe during the flare incidents. SCAQMD also issued an abatement order regarding [Hyperion’s] Sewage Odor Containment. Additionally, the Los Angeles County Department of Public Health (LACDPH) issued several letters to [Hyperion] expressing concern about the effects these odors have on the public’s health and “determined that the mitigation measures fail to protect the public’s health.” They pointed out that the current fence-line monitoring data shows irregular results that sometimes exceed acute and chronic reference exposure levels of Hydrogen Sulfide. LACDPH provided several recommendations including expanding [Hyperion’s] fence-line monitoring to also include other pollutants like Nitrogen Oxides and Volatile Organic Compounds.”

ARGUMENTS IN OPPOSITION:

According to the California Association of Sanitation Agencies, “The State of California has delegated its authority to implement the Federal Clean Air Act to 35 Regional Air Quality Management Districts (AQMDs). CASA member agencies receive permits from their local AQMDs and work with those entities to ensure compliance. If violations to these permits occur, existing law provides for enforcement remedies, including fines, penalties and abatement orders. AB 1216 would supersede the recent decision of a local AQMD regarding a standing abatement order and would alter the monitoring requirements for the agency to include additional fence line monitoring which was previously considered and deemed unnecessary by the local AQMD. We are concerned that this approach undermines the local regulatory controls and creates uncertainty about the finality of any given enforcement action moving forward.”

ASSEMBLY FLOOR: 59-15, 5/18/23

AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Mike Fong, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wood, Zbur, Rendon

NOES: Chen, Megan Dahle, Davies, Dixon, Essayli, Flora, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Wallis

NO VOTE RECORDED: Alanis, Cervantes, Vince Fong, Friedman, Waldron, Wilson

Prepared by: Eric Walters / E.Q. / (916) 651-4108

8/31/23 16:18:06

**** END ****

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Allen, Chair

2023 - 2024 Regular

Bill No: AB 1216

SUBJECT: Wastewater treatment plants: monitoring of air pollutants

DIGEST: This bill requires the Hyperion Water Reclamation Plant to install, operate, and maintain a fence-line monitoring system to track emissions of hydrogen sulfide, nitrogen oxides, and volatile organic compounds.

ANALYSIS:

Existing federal law:

1. Establishes the Federal Clean Air Act (FCAA) to regulate, reduce, and control air pollution nationwide, including national ambient air quality standards for major air pollutants, hazardous air pollutants standards, state attainment plans, stationary source emissions standards and permits, and enforcement provisions. (42 United States Code §7401)
   

Existing state law:

1. Designates the California Air Resources Board (CARB) as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. (Health and Safety Code (HSC) §39500 et seq.)
   
2. Requires every local air district board to establish a permit system that requires, except as specified, that before any person builds, erects, replaces, operates, or uses any article, machine, or other contrivance that may cause the issuance of air contaminants, the person obtain a permit from the air pollution control officer of the district. (HSC §42300)
   
3. Prohibits any person from discharging from any source quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public. (HSC 41700)
4. Requires the owner or operator of a petroleum refinery to develop, install, operate, and maintain a fence-line monitoring system, defined as equipment that measures and records air pollutant concentrations near a petroleum refinery, in accordance with guidelines adopted by the appropriate local air district. (HSC §42705.6)
   

This bill:

1. Defines “wastewater treatment facility” to mean a wastewater treatment or reclamation facility that both is located within 1,500 feet of a residential neighborhood and has an original design capacity of at least 425 million gallons per day; this definition is noteworthy in that it limits this bill exclusively to the Hyperion Water Reclamation Plant in Playa Del Rey, Los Angeles.
   
2. Defines “wastewater treatment-related fence-line monitoring system” to mean equipment that measures and records air pollutant concentrations, as specified, at or adjacent to a wastewater treatment facility.
   
3. Requires the owner or operator of a wastewater treatment facility to, by January 1, 2025, develop, install, operate, and maintain a wastewater treatment-related fence-line monitoring system which is:
   1. Done in accordance with guidance developed by the appropriate air district; and
   2. Capable of measuring hydrogen sulfide, nitrogen oxides, and volatile organic compounds (VOCs).
      
4. Requires the owner or operator of a wastewater treatment facility to collect real-time data from the wastewater treatment-related fence-line monitoring system, shall maintain records of that data, and shall transmit the data to the appropriate air quality management district.
   
5. Directs air districts to, in developing guidance pursuant to this act, take into account technological capabilities and incorporate input from affected parties.
   
6. Stipulates that a wastewater treatment facility shall be responsible for the costs associated with the monitoring system.
   

Background

1. Air pollutants from wastewater treatment. Sewage treatment plants can release numerous hazardous air pollutants, which pose significant health risks to nearby communities, including hydrogen sulfide, oxides of nitrogen, and volatile organic compounds (VOCs), which can be emitted into the atmosphere through various processes. Hydrogen sulfide, commonly generated during the anaerobic decomposition of organic matter, emanates from anaerobic digesters, sludge treatment units, and sewer systems. Oxides of nitrogen, primarily nitrogen dioxide (NO2) and nitrogen monoxide (NO), are produced through the decomposition of organic nitrogen compounds, combustion processes, and microbial activity in wastewater treatment plants. VOCs encompass a wide range of chemical compounds, including alcohols, aldehydes, and hydrocarbons, which can be released from wastewater treatment operations such as aeration tanks, sludge handling, and storage facilities.
   
   Emission levels of these air pollutants vary depending on multiple factors, some under the control of the wastewater treatment facility and some not. At some levels, these pollutants can lead to acute and chronic health impacts. While the pollutants listed above are all regulated under federal and California law, they are not all currently necessarily monitored at sub-acute levels, despite the impacts and nuisances they can produce.
   
2. Hyperion Water Reclamation Plant. Hyperion is Los Angeles City’s oldest and largest wastewater treatment plant. The facility has been in operation since 1894, with numerous expansions and improvements over the last century. Hyperion treats an average of 275 million gallons of wastewater on a dry weather day; on rainy days, this number can double. The plant is designed to handle a maximum daily flow of 450 million gallons and peak wet weather flow of 800 million gallons per day. Wastewater bio-resources generated by the plant are also used for energy generation and agricultural operations.
   
3. Recent violations and enforcement actions. On July 11, 2021, the plant experienced a catastrophic backup in its headworks facility when the machines designed to remove plastic and large objects from incoming sewage became clogged. The backup resulted in 17 million gallons of untreated wastewater flooding the plant and flowing into the plant’s one-mile outfall. The flooding caused major damage to the facility leading to a prolonged interruption in the plant’s operations, causing significant odor issues and the inability to fully treat wastewater for an extended period of time.
   
   The Los Angeles Regional Water Quality Control Board (Water Board) fined the City of Los Angeles, the owner of the plant, $21.7 million for the release of more than 12 million gallons of untreated wastewater into Santa Monica Bay, contrary to Los Angeles Sanitation’s statement that sewage did not reach the bay, and related violations, including monitoring deficiencies leading to the spill. According to Water Board, the short term impacts of the event persisted for weeks, including residents reporting skin rashes, headaches, nausea, and noxious odors, multiple beach closures, and untold impacts to the marine environment.
   
   In July of 2022, the South Coast Air Quality Management District (AQMD) issued six notices of violation for causing odors that have impacted residents on multiple occasions. Over the preceding month, the AQMD received more than 360 public complaints of sewage odors. The AQMD notes that between the spill on July 11, 2021 and July 21, 2022, inspectors responded to more than 3,000 complaints. The AQMD’s webpage describing its ongoing oversight of the plant note numerous measurements with hand-held devices to check for hydrogen sulfide, methane, benzene, toluene, ethylbenzene, and xylenes. It also evaluates data from multiple air monitors located within one-mile of the plant that measure for hydrogen sulfide and volatile organic compounds, which have found some gases at higher than typical levels, but remain below the state’s standard of 30 parts per billion averaged over one hour. These stationary monitors are not affiliated with the plant, but are instead part of a fence-line monitoring program at a nearby Chevron refinery.
   
   The Los Angeles County Department of Public Health (LACDPH) issued a series of letters to Los Angeles Sanitation, including directives, in an attempt to mitigate the public health impacts of the spill, including the ongoing odor issues. The department notes a number of concerns in a letter dated May 19, 2022, including lack of evidence that equipment is sufficient to provide treatment and processing of daily sewage flow and insufficient monitoring protocols of daily and instantaneous readings for hydrogen sulfide (this concern is noted as urgent in the letter). The letter urged “the immediate installation of a continuous fence line monitoring system…”
   
   In an LACDPH letter dated August 25, 2022, the Department stated that they had, “…repeatedly outlined the need for a comprehensive monitoring protocol for typical sewage-related gases that may be emitted from [Hyperion] including ammonia, methane, sulfur, dioxide, nitrous oxides, volatile organic compounds, and polycyclic aromatic hydrocarbons at Hyperion. These gases possess a wide range of human toxicity profiles and are as clinically significant as hydrogen sulfide; therefore, the health of the community is predicated on [Los Angeles Sanitation’s] efforts to document and minimize all community emissions, and not simply hydrogen sulfide.” (Emphasis added)
   
   On September 8, 2022, the City of El Segundo declared a local state of emergency in response to the ongoing odors and gases being emitted from the Hyperion Wastewater Treatment Plant. According to the City, “Since the nearly catastrophic spill on July 11, 2022, El Segundo residents and businesses have continued to suffer from terrible odors and gases being released from the plant.” The city identified a number of positive steps that have been made since the declaration, including improved communication with the plant, specific actions required by the AQMD to reduce odors, and the assistance of a third-party expert. However, residents of El Segundo and other nearby communities continue to suffer from odors and concerns about air emissions.
   
   Even more recently, on January 25, 2023 after continued pressure from the city of El Segundo, South Coast AQMD expanded their previous Order of Abatement from 3 items to include 28 requirements. Hyperion now has to implement proper ventilation at the primary clarifiers when covers are removed, install pressure gauges at those clarifiers, put in windbreaks to prevent odors from flowing into the residential community, keep truck doors closed at loading facilities, provide maintenance proof reports, conduct community sampling for toxic compounds and lower the hydrogen sulfide reading threshold from 27 parts per billion to 15 ppb, among other new requirements.

Comments

1. Purpose of Bill. According to the author, “Current air-quality monitoring requirements in place for Hyperion Water Reclamation Plant are insufficient, and the residents of El Segundo and other surrounding communities deserve to know the air is safe to breathe. After a major sewage spill, nearby residents risk getting physically ill from the persistent strong odors outside. Worse, they do not know whether these odors are toxic or not. AB 1216 protects public health and these communities by raising the air monitoring standards for wastewater treatment plants to match refinery requirements currently in place.”
   
2. Important pollutants at an important location. By expanding the pollutants that must be monitored (from hydrogen sulfide alone to now include NOx and VOCs as well), AB 1216 goes beyond the action that was decided on through a local process involving the city, air quality management district, and Hyperion itself. This decision should not be made lightly, but may be merited given the circumstances.
   
   Hyperion closely abuts the beach, as well as the city of El Segundo. Given the track record of pollution release issues, the size of this facility, and the proximity of communities, it makes sense that it be held to a higher standard. While this bills faces opposition that this bill creates a precedent of superseding local control to enhance monitoring activities at Hyperion, it seems this may be a reasonable response to a matter of public health and environmental protection.
   
   On the other hand, Hyperion continues to be the subject of significant action and focus from the local El Segundo city government, South Coast AQMD, and the LACDPH. As noted in the background section, the recently significantly-expanded Order of Abatement imposes a number of requirements for odor and emission control that Hyperion is currently undertaking.
   
3. But is monitoring these pollutants at the fenceline the answer? Hyperion, due to actions taken by South Coast AQMD, monitors for hydrogen sulfide with a continuous fenceline monitoring system today. Expanding that system to include NOx and VOCs by January 1, 2025 as this bill currently proposes may not be a massive undertaking, but doing so must also be considered in the context of all work underway at the plant.
   
   As part of the January expansion to the Order of Abatement, South Coast AQMD also moved up the timeline for Hyperion to complete the required work, from 2026 to the end of this year. Thus, between today and when the fenceline monitoring system required by this bill must be operational, Hyperion will need to install and begin operating a number of new control technologies, odor control practices, and other remedies to the issues facing the plant and El Segundo community.
   
   With or without this bill, all of the following seem to be true: El Segundo is a city beset on all sides by significant sources of air pollution; the 2021 incident at Hyperion was an environmental tragedy and the source of considerable air and water pollution; the local government and regulators have imposed substantial requirements on Hyperion since the incident; Hyperion will continue to improve their processes to minimize pollution; and despite all of this, the city of El Segundo is likely to continue facing air pollution from Hyperion and other sources in the vicinity. Altogether, this suggests that the fenceline monitoring required by this bill is not the be-all-end-all solution to El Segundo’s air quality woes, but it may be one small piece of helping the affected community better understand what they are breathing.
   
   
4. Continuing local negotiations. In light of continuing discussions between Hyperion, South Coast AQMD, the local government of El Segundo, it is committee staff’s understanding that further amendments to this bill are being negotiated between affected parties and are likely to be taken in the Senate Appropriations Committee, should the bill be voted out today. Although NOx and VOC monitoring was called for by LACDPH, it must be noted that they are both pollutants that abound from a variety of sources besides wastewater treatment plants. This fact has been the focus of continuing discussions about what data would be both most useful to the community and pertinent for Hyperion. While the details remain to be ironed out, it seems likely that a mutually agreeable solution is close at hand.
   
   Given that hydrogen sulfide is a well-established nuisance (and potential public health threat) from wastewater treatment plants, AB 1216 should uphold its continuous fenceline monitoring as it stands today. However, given VOCs and NOx are not as uniquely associated with wastewater treatment, the author and affected parties should consider how those pollutants could perhaps be measured periodically at specific sources within the facility, rather than continuously along its fenceline.
   

Related/Prior Legislation

SB 674 (Gonzalez, 2023) makes a number of changes to the refinery fenceline air monitoring program established by AB 1647 (Muratsuchi, Chapter 589, Statutes of 2017). These changes include, but are not limited to, more chemicals to be monitored for, more facilities to be included, higher standards on data quality, and more robust community notification processes. SB 674 is currently in the Assembly Natural Resources Committee.

AB 1647 (Muratsuchi, Chapter 589, Statutes of 2017) established new state mandates for fence-line air monitoring at petroleum refineries and air monitoring in nearby communities.

SOURCE:

City of El Segundo

SUPPORT:

City of El Segundo
City of El Segundo Environmental Committee
Surfrider Foundation South Bay Chapter

OPPOSITION:

California Association of Sanitation Agencies

ARGUMENTS IN SUPPORT:

According to the El Segundo Chamber of Commerce, “Since the July 2021 spill, South Coast Air Quality Management District (SCAQMD) has issued over 65 notices of violation against [Hyperion]. One violation highlighted that [Hyperion] was operating six flares without a permit in the past six years, and was emitting Nitrogen Oxide above levels that were considered safe during the flare incidents. SCAQMD also issued an abatement order regarding [Hyperion’s] Sewage Odor Containment. Additionally, the Los Angeles County Department of Public Health (LACDPH) issued several letters to [Hyperion] expressing concern about the effects these odors have on the public’s health and “determined that the mitigation measures fail to protect the public’s health.” They pointed out that the current fence-line monitoring data shows irregular results that sometimes exceed acute and chronic reference exposure levels of Hydrogen Sulfide. LACDPH provided several recommendations including expanding [Hyperion’s] fence-line monitoring to also include other pollutants like Nitrogen Oxides and Volatile Organic Compounds.”

ARGUMENTS IN OPPOSITION:

According to the California Association of Sanitation Agencies, “The State of California has delegated its authority to implement the Federal Clean Air Act to 35 Regional Air Quality Management Districts (AQMDs). CASA member agencies receive permits from their local AQMDs and work with those entities to ensure compliance. If violations to these permits occur, existing law provides for enforcement remedies, including fines, penalties and abatement orders. AB 1216 would supersede the recent decision of a local AQMD regarding a standing abatement order and would alter the monitoring requirements for the agency to include additional fence line monitoring which was previously considered and deemed unnecessary by the local AQMD. We are concerned that this approach undermines the local regulatory controls and creates uncertainty about the finality of any given enforcement action moving forward. ”

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1216

Author:(Muratsuchi)

As Amended Ver:April 26, 2023

Majority vote

SUMMARY

This bill requires the owner or operator of a wastewater treatment facility, on or before January 1, 2025, to install, operate, and maintain a fence-line monitoring system to track emissions of hydrogen sulfide, nitrogen oxides, and volatile organic compounds (VOCs), in accordance with guidance developed by the appropriate air quality management district.

Major Provisions

1. Requires the monitoring system be capable of measuring pollutants of concern, including hydrogen sulfide, nitrogen oxides, and VOCs emitted to the atmosphere from wastewater treatment or reclamation processes as the applicable district deems appropriate.

2) Requires the owner or operator of a wastewater treatment facility to collect real-time data from the monitoring system, maintain records of that data, and transmit the data to the appropriate air quality management district, and, to the extent feasible, to provide the data to the public as quickly as possible in a publicly accessible format.

3) Requires the owner or operator of a wastewater treatment facility to be responsible for the costs associated with the installation, maintenance, and operation of the monitoring system.

COMMENTS

Hyperion Water Reclamation Plant. The only facility that currently meets the definition of "wastewater treatment facility" in this bill is the Hyperion Water Reclamation Plant in the City of Los Angeles. Hyperion is Los Angeles City's oldest and largest wastewater treatment plant. The facility has been in operation since 1894, with numerous expansions and improvements over the last century. Hyperion treats an average of 275 million gallons of wastewater on a dry weather day; on rainy days, this number can double. The plant is designed to handle a maximum daily flow of 450 million gallons and peak wet weather flow of 800 million gallons per day.

Recent violations and enforcement actions. On July 11, 2021, the plant experienced a catastrophic backup in its headworks facility when the machines designed to remove plastic and large objects from incoming sewage became clogged. The backup resulted in 17 million gallons of untreated wastewater flooding the plant and flowing into the plant's one-mile outfall. According to Los Angeles Sanitation, a portion of this wastewater was pumped back to the facility after the incident. The flooding caused major damage to the facility leading to a prolonged interruption in the plant's operations, causing significant odor issues and the inability to fully treat wastewater for an extended period of time. The Los Angeles Regional Water Quality Control Board (Water Board) fined the City of Los Angeles, the owner of the plant, $21.7 million for the release of more than 12 million gallons of untreated wastewater into Santa Monica Bay, contrary to Los Angeles Sanitation's statement that sewage did not reach the bay, and related violations, including monitoring deficiencies leading to the spill. According to Water Board, the short term impacts of the event persisted for weeks, including residents reporting skin rashes, headaches, nausea, and noxious odors, multiple beach closures, and untold impacts to the marine environment.

In July of 2022, the South Coast Air Quality Management District (AQMD) issued six notices of violation for causing odors that have impacted residents on multiple occasions. Over the preceding month, the AQMD received more than 360 public complaints of sewage odors. The AQMD notes that between the spill on July 11, 2021 and July 21, 2022, inspectors responded to more than 3,000 complaints. The AQMD's webpage describing its ongoing oversight of the plant note numerous measurements with hand-held devices to check for hydrogen sulfide, methane, benzene, toluene, ethylbenzene, and xylenes. It also evaluates data from multiple air monitors located within one-mile of the plant that measure for hydrogen sulfide and volatile organic compounds, which have found some gases at higher than typical levels, but remain below the state's standard of 30 parts per billion averaged over one hour. These stationary monitors are not affiliated with the plant, but are instead part of a fence-line monitoring program at a nearby Chevron refinery.

The Los Angeles County Department of Public Health issued a series of letters to Los Angeles Sanitation, including directives, in an attempt to mitigate the public health impacts of the spill, including the ongoing odor issues. The department notes a number of concerns in a letter dated May 19, 2022, including lack of evidence that equipment is sufficient to provide treatment and processing of daily sewage flow and insufficient monitoring protocols of daily and instantaneous readings for hydrogen sulfide (this concern is noted as urgent in the letter). The letter urged "the immediate installation of a continuous fence line monitoring system…"

On September 8, 2022, the City of El Segundo declared a local state of emergency in response to the ongoing odors and gases being emitted from the Hyperion Wastewater Treatment Plant. According to the City, "Since the nearly catastrophic spill on July 11, 2022, El Segundo residents and businesses have continued to suffer from terrible odors and gases being released from the plant." The city identifies a number of positive steps that have been made since the declaration, including improved communication with the plant, specific actions required by the AQMD to reduce odors, and the assistance of a third-party expert. However, residents of El Segundo and other nearby communities continue to suffer from odors and concerns about air emissions.

This bill. This bill is intended to protect public health in the communities surrounding the Hyperion Wastewater Treatment Plant by requiring the facility, defined by its capacity and proximity to neighborhoods, to install and maintain a fence-line monitoring system capable of measuring hydrogen sulfide, nitrogen oxides, and volatile organic compounds.

According to the Author

Current air-quality monitoring requirements in place for Hyperion Water Reclamation Plant are insufficient, and the residents of El Segundo and other surrounding communities deserve to know the air is safe to breathe. After a major sewage spill, nearby residents risk getting physically ill from the persistent strong odors outside. Worse, they do not know whether these odors are toxic or not. AB 1216 protects public health and these communities by raising the air monitoring standards for wastewater treatment plants to match refinery requirements currently in place.

Arguments in Support

Writing in support, the City of El Segundo states:

The fence-line air-quality monitoring requirements in AB 1216 is similar to the current requirements of petroleum refineries in AB 1647 in that it mandates required fence-line air monitoring systems to better understand and mitigate sources of pollution to protect surrounding communities. Given the potentially toxic emissions created by both types of facilities, it makes sense to implement similar testing standards for publicly operated wastewater treatment plants to match the state standards for privately operated petroleum refineries.

Arguments in Opposition

Writing in opposition, the California Association of Sanitation Agencies states:

If violations to these permits occur, existing law provides for enforcement remedies, including fines, penalties and abatement orders. AB 1216 would supersede the recent decision of a local AQMD regarding a standing abatement order and would alter the monitoring requirements for the agency to include additional fence line monitoring which was previously considered and deemed unnecessary by the local AQMD. We are concerned that this approach undermines the local regulatory controls and creates uncertainty about the finality of any given enforcement action moving forward

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill has no state costs.

VOTES

ASM NATURAL RESOURCES: 8-3-0

YES: Luz Rivas, Addis, Friedman, Muratsuchi, Pellerin, Ward, Wood, Zbur

NO: Flora, Hoover, Mathis

ASM APPROPRIATIONS: 12-3-1

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Addis, Lowenthal, Papan, Pellerin, Robert Rivas, Weber, Wilson

NO: Megan Dahle, Dixon, Sanchez

ABS, ABST OR NV: Mathis

UPDATED

VERSION: April 26, 2023

CONSULTANT: Elizabeth MacMillan / NAT. RES. / (916) 319-2092 FN: 0000360

Date of Hearing: May 10, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1216

Author:(Muratsuchi) – As Amended Ver:April 26, 2023

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

SUMMARY:

This bill requires the owner or operator of a wastewater treatment facility, on or before January 1, 2025, to install, operate, and maintain a fence-line monitoring system to track emissions of hydrogen sulfide, nitrogen oxides, and volatile organic compounds, in accordance with guidance developed by the appropriate air quality management district.

In addition, this bill:

1) Requires the monitoring system be capable of measuring pollutants of concern, including hydrogen sulfide, nitrogen oxides, and volatile organic compounds (VOCs) emitted to the atmosphere from wastewater treatment or reclamation processes as the applicable district deems appropriate.

2) Requires the owner or operator of a wastewater treatment facility to collect real-time data from the monitoring system, maintain records of that data, and transmit the data to the appropriate air quality management district, and, to the extent feasible, to provide the data to the public as quickly as possible in a publicly accessible format.

3) Requires the owner or operator of a wastewater treatment facility to be responsible for the costs associated with the installation, maintenance, and operation of the monitoring system.

FISCAL EFFECT:

No state costs.

COMMENTS:

1) Purpose. According to the author:

Current air-quality monitoring requirements in place for Hyperion Water Reclamation Plant are insufficient, and the residents of El Segundo and other surrounding communities deserve to know the air is safe to breathe. After a major sewage spill, nearby residents risk getting physically ill from the persistent strong odors outside. Worse, they do not know whether these odors are toxic or not. AB 1216 protects public health and these communities by raising the air monitoring standards for wastewater treatment plants to match refinery requirements currently in place.

2) Background. The only facility that currently meets the definition of “wastewater treatment facility” in this bill is the Hyperion Water Reclamation Plant in the City of Los Angeles. Hyperion is LA’s oldest and largest wastewater treatment plant. The facility has been in operation since 1894, with numerous expansions and improvements over the last century. Hyperion treats an average of 275 million gallons of wastewater on a dry weather day; on rainy days, this number can double. The plant is designed to handle a maximum daily flow of 450 million gallons and peak wet weather flow of 800 million gallons per day.

On July 11, 2021, the plant experienced a catastrophic backup at one its facilities when the machines designed to remove plastic and large objects from incoming sewage became clogged. The backup resulted in 17 million gallons of untreated wastewater flooding the plant and flowing into the plant’s one-mile outfall. The flooding caused major damage to the facility, leading to a prolonged interruption in the plant’s operations and causing significant odor issues and the inability to fully treat wastewater for an extended period of time. The Los Angeles Regional Water Quality Control Board (LA Regional Board) fined the City of LA, the owner of the plant, $21.7 million for the release of more than 12 million gallons of untreated wastewater into the Santa Monica Bay, contrary to LA Sanitation’s statement that sewage did not reach the bay, and related violations, including monitoring deficiencies leading to the spill. According to LA Regional Board, the short term impacts of the event persisted for weeks, including residents reporting skin rashes, headaches, nausea, and noxious odors, multiple beach closures, and untold impacts to the marine environment.

The South Coast Air Quality Management District (SCAQMD) has issued dozens of notices of violation to Hyperion for causing odors. The air district has received and responded to thousands of complaints of odors related to the spill. SCAQMD notes it has used hand-held devices and evaluated data from nearby monitors to measure for hydrogen sulfide, VOCs, and other chemicals, and has found some gases at higher than typical levels but below the state’s standard of 30 parts per billion averaged over one hour. These stationary monitors are not affiliated with the plant, but are instead part of a fence-line monitoring program at a nearby Chevron refinery.

The Los Angeles County Department of Public Health has issued a series of letters to LA Sanitation, including directives, in an attempt to mitigate the public health impacts of the spill, including the ongoing odor issues. The department notes a number of concerns in a letter dated May 19, 2022, including insufficient monitoring protocols of daily and instantaneous readings for hydrogen sulfide. The letter calls for “the immediate installation of a continuous fence line monitoring system” at the facility.

3) Support and Opposition. Writing in support, the City of El Segundo states:

The fence-line air-quality monitoring requirements in AB 1216 is similar to the current requirements of petroleum refineries in AB 1647 in that it mandates required fence-line air monitoring systems to better understand and mitigate sources of pollution to protect surrounding communities. Given the potentially toxic emissions created by both types of facilities, it makes sense to implement similar testing standards for publicly operated wastewater treatment plants to match the state standards for privately operated petroleum refineries.

Writing in opposition, the California Association of Sanitation Districts states:

If violations to these permits occur, existing law provides for enforcement remedies, including fines, penalties and abatement orders. AB 1216 would supersede the recent decision of a local AQMD regarding a standing abatement order and would alter the monitoring requirements for the agency to include additional fence line monitoring which was previously considered and deemed unnecessary by the local AQMD. We are concerned that this approach undermines the local regulatory controls and creates uncertainty about the finality of any given enforcement action moving forward.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: April 24, 2023

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Luz Rivas, Chair

ABPCA Bill Id:AB 1216 (

Author:Muratsuchi) – As Amended Ver:April 13, 2023

SUBJECT: Wastewater treatment plants: monitoring of air pollutants

SUMMARY: Requires the Hyperion Wastewater Treatment Plant to install, operate, and maintain a fence-line monitoring system to track emissions of hydrogen sulfide, nitrogen oxides, and volatile organic compounds.

EXISTING LAW:

1. Establishes the Federal Clean Air Act to regulate, reduce, and control air pollution nationwide, including national ambient air quality standards for major air pollutants, hazardous air pollutants standards, state attainment plans, stationary source emissions standards and permits, and enforcement provisions. (42 United States Code 7401)
2. Designates ARB as the state agency with the primary responsibility for the control of vehicular air pollution and air pollution control and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. (Health and Safety Code (HSC) 39500 et seq.)
   
3. Requires every local air district board to establish a permit system that requires, except as specified, that before any person builds, erects, replaces, operates, or uses any article, machine, or other contrivance that may cause the issuance of air contaminants, the person obtain a permit from the air pollution control officer of the district. (HSC 42300)
   
4. Prohibits any person from discharging from any source quantities of air contaminants or other material that cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or that endanger the comfort, repose, health, or safety of any of those persons or the public. (HSC 41700)
   
5. Requires the owner or operator of a petroleum refinery to develop, install, operate, and maintain a fence-line monitoring system, defined as equipment that measures and records air pollutant concentrations near a petroleum refinery, in accordance with guidelines adopted by the appropriate local air district. (HSC 42705.6)

THIS BILL:

1. Defines terms used in the bill, including:
   1. “Wastewater treatment facility” as a wastewater treatment or reclamation facility that comes within both of the following descriptions:
      1. Is located within 1,500 feet of a residential neighborhood; and,
      2. Has an original design capacity of 425 million gallons or more per day.
   2. “Wastewater treatment-related fence-line monitoring system” as equipment that measures and records air pollutant concentrations at or adjacent to a wastewater treatment facility and that may be useful for detecting or estimating emissions of pollutants from the treatment facility, including the quantity of fugitive emissions and other air emissions, and meets the minimum requirements of the appropriate air quality management district.
2. Requires, on or before January 1, 2025, the owner or operator of a wastewater treatment facility to develop, install, operate, and maintain a fence-line monitoring system in accordance with guidance developed in accordance with guidance from the appropriate air quality management district. The system is required to include equipment capable of measuring pollutants of concern, including hydrogen sulfide, nitrogen oxides, and volatile organic compounds emitted into the atmosphere from wastewater treatment or reclamation processes that the appropriate district deems appropriate for monitoring.
3. Requires the owner or operator of a wastewater treatment facility to collect real-time data from the fence-line monitoring system, maintain records of that data, and transmit the date to the appropriate air quality management district in accordance with the district’s guidance. To the extent feasible, requires that the data be provided to the public as quickly as possible in a publicly accessible format.
4. Requires that guidance developed by an air quality management district pursuant to the bill take into account technological capabilities and incorporate input from affected parties.
5. Requires the owner or operator of a wastewater treatment facility to be responsible for the costs associated with the implementation, maintenance, and operation of a fence-line monitoring system pursuant to the bill.
6. Specifies that no reimbursement is required by the bill pursuant to the California Constitution.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author’s statement:

Current air-quality monitoring requirements in place for Hyperion Water Reclamation Plant are insufficient, and the residents of El Segundo and other surrounding communities deserve to know the air is safe to breathe. After a major sewage spill, nearby residents risk getting physically ill from the persistent strong odors outside. Worse, they do not know whether these odors are toxic or not. AB 1216 protects public health and these communities by raising the air monitoring standards for wastewater treatment plants to match refinery requirements currently in place.

1. Hyperion Water Reclamation Plant. Hyperion is Los Angeles City’s oldest and largest wastewater treatment plant. The facility has been in operation since 1894, with numerous expansions and improvements over the last century. Hyperion treats an average of 275 million gallons of wastewater on a dry weather day; on rainy days, this number can double. The plant is designed to handle a maximum daily flow of 450 million gallons and peak wet weather flow of 800 million gallons per day. Wastewater bio-resources generated by the plant are also used for energy generation and agricultural operations.
2. Recent violations and enforcement actions. On July 11, 2021, the plant experienced a catastrophic backup in its headworks facility when the machines designed to remove plastic and large objects from incoming sewage became clogged. The backup resulted in 17 million gallons of untreated wastewater flooding the plant and flowing into the plant’s one-mile outfall. According to Los Angeles Sanitation, a portion of this wastewater was pumped back to the facility after the incident. The flooding caused major damage to the facility leading to a prolonged interruption in the plant’s operations, causing significant odor issues and the inability to fully treat wastewater for an extended period of time. The Los Angeles Regional Water Quality Control Board (Water Board) fined the City of Los Angeles, the owner of the plant, $21.7 million for the release of more than 12 million gallons of untreated wastewater into Santa Monica Bay, contrary to Los Angeles Sanitation’s statement that sewage did not reach the bay, and related violations, including monitoring deficiencies leading to the spill. According to Water Board, the short term impacts of the event persisted for weeks, including residents reporting skin rashes, headaches, nausea, and noxious odors, multiple beach closures, and untold impacts to the marine environment.

In July of 2022, the South Coast Air Quality Management District (AQMD) issued six notices of violation for causing odors that have impacted residents on multiple occasions. Over the preceding month, the AQMD received more than 360 public complaints of sewage odors. The AQMD notes that between the spill on July 11, 2021 and July 21, 2022, inspectors responded to more than 3,000 complaints. The AQMD’s webpage describing its ongoing oversight of the plant note numerous measurements with hand-held devices to check for hydrogen sulfide, methane, benzene, toluene, ethylbenzene, and xylenes. It also evaluates data from multiple air monitors located within one-mile of the plant that measure for hydrogen sulfide and volatile organic compounds, which have found some gases at higher than typical levels, but remain below the state’s standard of 30 parts per billion averaged over one hour. These stationary monitors are not affiliated with the plant, but are instead part of a fence-line monitoring program at a nearby Chevron refinery.

The Los Angeles County Department of Public Health issued a series of letters to Los Angeles Sanitation, including directives, in an attempt to mitigate the public health impacts of the spill, including the ongoing odor issues. The department notes a number of concerns in a letter dated May 19, 2022, including lack of evidence that equipment is sufficient to provide treatment and processing of daily sewage flow and insufficient monitoring protocols of daily and instantaneous readings for hydrogen sulfide (this concern is noted as urgent in the letter). The letter urged “the immediate installation of a continuous fence line monitoring system…”

On September 8, 2022, the City of El Segundo declared a local state of emergency in response to the ongoing odors and gases being emitted from the Hyperion Wastewater Treatment Plant. According to the City, “Since the nearly catastrophic spill on July 11, 2022, El Segundo residents and businesses have continued to suffer from terrible odors and gases being released from the plant.” The city identifies a number of positive steps that have been made since the declaration, including improved communication with the plant, specific actions required by the AQMD to reduce odors, and the assistance of a third-party expert. However, residents of El Segundo and other nearby communities continue to suffer from odors and concerns about air emissions.

1. This bill. This bill is intended to protect public health in the communities surrounding the Hyperion Wastewater Treatment Plant by requiring the facility, defined by its capacity and proximity to neighborhoods, to install and maintain a fence-line monitoring system capable of measuring hydrogen sulfide, nitrogen oxides, and volatile organic compounds.
2. Suggested amendments. The committee may wish to make technical amendments to the bill:
   1. Revise the bill to ensure that the term “wastewater treatment-related fence-line monitoring system” is used consistently; and,
   2. Replace “implementation” with “installation” on page 3, line 39.
      

REGISTERED SUPPORT / OPPOSITION:

Support

City of El Segundo
Congressman Ted Lieu

Opposition

California Association of Sanitation Agencies

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /