Regulatory Structure Update & Environmental Technology AB 2776 (Miller)

SUMMARY:

AB 2776 would facilitate implementation of DTSC's Regulatory Structure Update (RSU) Project by: (1) eliminating or amending existing non-RCRA statutory requirements which are overly restrictive or burdensome and do not provide additional protection of public health and the environment; (2) clearly giving DTSC the necessary authority and flexibility to adjust, by regulation, its approach to overseeing hazardous waste management activities; and (3) amending several statutes which are unclear, outdated and inconsistent with other statutes.

This legislation would additionally authorize DTSC to certify hazardous waste environmental technologies, regardless if specialized operator training is required.

BACKGROUND:

The RSU Project is aimed at reviewing and refocusing DTSC's approach to the oversight of hazardous waste management in California, while continuing to further DTSC's mission of protection of public health and the environment without unnecessarily hindering sustainable economic growth and development. In some cases, the overly specific and prescriptive nature of the statutes governing the management of hazardous waste in California will, unless amended, hinder DTSC's efforts to reform the regulation of hazardous waste management in California.

DTSC recently completed a comprehensive comparative review of the federal and state hazardous waste regulatory programs. This review clearly showed that a number of California's broader or more stringent requirements should be modified or eliminated. The RSU process will update DTSC's scientific regulatory foundation and streamline requirements to reduce regulatory burdens on industry, while maintaining full protection of human health and the environment.

The review process of California's hazardous waste regulatory program will be accomplished over a two-year period (July 1995 to July 1997) through more than 50 separate, but coordinated, tasks designed to accomplish the objectives of the RSU Project.

PROBLEM:

Without the following changes to the Hazardous Waste Control Laws, implementation of the RSU would be hindered. Definition of "Treatment": Because of the broad definition of "treatment" in current statute, any change to a waste, even a simple change like evaporation or separation due to settling, would be considered treatment under the existing definition of treatment.

Variance Process: Currently, the variance process can be used to address various problems on an interim basis, but is a cumbersome and sometimes overly expensive alternative for both DTSC and the affected businesses. The statutory limitations only allows DTSC to issue a variance if DTSC has first received an application from the affected business. DTSC must receive a separate application and fee from each affected business and then must issue a separate variance to each affected business.

Contingent Management Standards: Current standards have been created in a "one size fits all" approach. This type of approach considers the risks and problems posed by all wastes and waste management practices to be the same. However, not all wastes or industries are the same, nor do they pose the same risk. Requiring the same standards for lower risk wastes or industries as those imposed on higher risk wastes or industries is not warranted.

Eliminate Inconsistencies under Current Law: Several sections in current law contain language which is unclear, outdated and unnecessary, inconsistent with other statutes, or do not meet legislative intent.

Environmental Technology Certification: Statutes authorizing DTSC to conduct a hazardous waste environmental technology certification program prohibit certification of any technology that requires "specialized operator training."

ANALYSIS:

The following statutory amendments are proposed to facilitate implementation of the RSU:

Definition of "treatment": Amending the definition of "treatment" would enable DTSC to appropriately address certain activities which, technically-speaking, meet the statutory definition of treatment, but do not pose a threat to human health and the environment.

Variance process: This legislation would streamline DTSC's variance process by allowing DTSC to (a) issue a variance on its own initiative; (b) issue a variance to more than one facility for up to a maximum of two years; and (c) enter into a mutual cost reimbursement agreement in place of a flat rate variance fee as required under existing statute. This amendment would reduce the cumbersome requirements and paperwork for both DTSC and the affected business and would reduce the variance fee costs to businesses requesting a variance.

Contingent Management Standards: This amendment would enable DTSC, by regulation, to modify or tailor requirements for specific industries or waste management activities, if DTSC determines existing statutory requirements are overly burdensome and unnecessary for the protection of public health and the environment. This legislation would provide clear authorization for DTSC to exempt, by regulation, hazardous waste management activities from one or more requirements under existing statute.

Eliminate inconsistencies under current law: This legislation would clarify and correct unintended inconsistencies, or outdated statutory provisions pertaining to the definition of "storage facility", the Unified Program and the standardized permitting program. These clarifications would reduce duplicative reporting, paperwork and bureaucratic delays.

The following amendment would help promote certification of new and innovative environmental technologies:

Environmental Technology Certification: This legislation would eliminate an unnecessary and unreasonable restriction from DTSC's environmental certification program by removing the specialized training prohibition from statute. This change will positively impact future applicants to DTSC's certification program who use the certification to help market their technologies.

CONTACT:

Patricia Grim, Legislative Director, Department of Toxic Substances Control (916) 324-0912.