Transportable Treatment Units (Unified Program) AB 1357 (Baldwin)

Amended: 7/23/97
Sponsor: DTSC
Release Date: July, 1997
Contact: Di Richardson, Legislative Director at (916) 322-7315 or Yolanda Benson, Legislative Liaison, Department of Toxic Substances Control, (916) 324-3149

SUMMARY:

This bill would allow the Department of Toxic Substances Control (DTSC) to retain responsibility for all regulatory activities pertaining to Transportable Treatment Units (TTUs). It would also transfer authority to the Certified Unified Program Agencies (CUPA) from DTSC for notification processing from businesses in their jurisdictions.

BACKGROUND:

The California Environmental Protection Agency (Cal/EPA) was required by SB 1082 (Chapter 418, Statutes of 1993) to establish the Unified Hazardous Waste and Hazardous Materials Management Regulatory Program (Unified Program) by January 1, 1996. The Unified Program is intended to consolidate, coordinate and make consistent six existing state and local hazardous waste and materials programs: hazardous waste generators and generator treatment; aboveground storage tanks (spill prevention control and countermeasure plan only); underground storage tanks; hazardous material release response plans and inventories (business plans); risk management and prevention program; and uniform fire code hazardous material management plans and inventories.

Under the Unified Program, responsibility for the adoption and interpretation of statewide standards and requirements for these programs remains with the appropriate state agency (i.e., DTSC, State Water Resources Control Board, California Regional Water Quality Control Boards, Office of Emergency Services, and the State Fire Marshal). However, the implementation and enforcement of these program requirements becomes the responsibility of local Certified Unified Program Agencies (CUPAs) under the Unified Program.

PROBLEM:

As part of the implementation of the Unified Program, DTSC's tiered permitting programs have been or are being transferred to the local unified programs statewide in order to comply with SB 1082.

This includes TTUs which operate under the tiered permitting program. Because these units are transported between various locations, they typically operate in more than one CUPA jurisdiction. Transferring the notification process and inspection responsibilities for TTUs to the CUPAs would result in inconsistent and duplicative and unnecessary costs for both the TTU operators and the CUPAs. These problems could be avoided by retaining full responsibility for regulation of TTUs with DTSC, as has been requested by TTU operators.

ANALYSIS:

This bill retains TTU regulatory authority with DTSC.