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AB-2606 Hazardous waste: facilities: permits: renewals.(2017-2018)

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Date Published: 06/28/2018 09:00 PM
AB2606:v94#DOCUMENT

Amended  IN  Senate  June 28, 2018
Amended  IN  Senate  June 14, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 12, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2606


Introduced by Assembly Member Fong
(Principal coauthor: Assembly Member Quirk)

February 15, 2018


An act to amend Sections 25200 and 25205.7 of the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 2606, as amended, Fong. Hazardous waste: facilities: permits: renewals.
Existing law, as part of the hazardous waste control law, requires a facility handling hazardous waste to apply for and obtain a hazardous waste facilities permit from the Department of Toxic Substances Control. Existing law requires that a hazardous waste facilities permit be for a fixed term not to exceed 10 years for certain facilities. Existing law requires the owner or operator of a facility intending to extend the facility’s permit to submit a complete Part A application for a permit renewal before the fixed term of the permit expires and, at any time following the submittal of the Part A application, to submit a complete Part B application, or any portion of that application, and other relevant information, if requested by the department. Existing law requires a person who applies for, or requests, a renewal of an existing hazardous waste facilities permit to enter into a written agreement with the department pursuant to which that person is required to reimburse the department for the costs incurred by the department in processing the renewal application.
This bill would require the department to process a hazardous waste facilities permit renewal application in an expedited manner, as provided, if the department determines that certain conditions are met, including that operations at the hazardous waste facility have not changed significantly since the approval of the permit in effect at the time the renewal application is submitted. The bill would require the department to cease processing a hazardous waste facilities application in an expedited manner if the hazardous waste facility no longer meets one or more of the specified conditions. The bill would authorize the department to exempt a hazardous waste facility from a requirement to provide certain information for purposes of the permit renewal if the department determines that review of the information is not necessary given that the hazardous waste facility meets the conditions for expedited permit renewal. The bill would provide that the expedited permit renewal process is not available for land disposal facilities. The bill would impose a maximum on the amount of reimbursement to the department for the costs incurred by the department in processing a hazardous waste facilities permit renewal application through the expedited permit renewal process added by this bill in the amount of $200,000 for large storage facilities and large treatment facilities or $100,000 for all other hazardous waste facilities. The bill would authorize the Director of Toxic Substances Control to raise those maximum reimbursement amounts if specified conditions are met. The bill also would repeal certain legislative findings and declarations relating to a 2016 act that affected charges for hazardous waste facilities permit applications.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 25200 of the Health and Safety Code is amended to read:

25200.
 (a) The department shall issue hazardous waste facilities permits to use and operate one or more hazardous waste management units at a facility that in the judgment of the department meet the building standards published in the State Building Standards Code relating to hazardous waste facilities and the other standards and requirements adopted pursuant to this chapter. The department shall impose conditions on each hazardous waste facilities permit specifying the types of hazardous wastes that may be accepted for transfer, storage, treatment, or disposal. The department may impose any other conditions on a hazardous waste facilities permit that are consistent with the intent of this chapter.
(b) The department may impose, as a condition of a hazardous waste facilities permit, a requirement that the owner or operator of a hazardous waste facility that receives hazardous waste from more than one producer comply with any order of the director that prohibits the facility operator from refusing to accept a hazardous waste based on geographical origin that is authorized to be accepted and may be accepted by the facility without extraordinary hazard.
(c) (1) (A) A hazardous waste facilities permit issued by the department shall be for a fixed term, which shall not exceed 10 years for any land disposal facility, storage facility, incinerator, or other treatment facility.
(B) Before the fixed term of a permit expires, the owner or operator of a facility intending to extend the term of the facility’s permit shall submit a complete Part A application for a permit renewal. At any time following the submittal of the Part A application, the owner or operator of a facility shall submit a complete Part B application, or any portion thereof, as well as any other relevant information, as and when requested by the department. To the extent not inconsistent with the federal act, when a complete Part A renewal application, and any other requested information, has been submitted before the end of the permit’s fixed term, the permit is deemed extended until the renewal application is approved or denied and the owner or operator has exhausted all applicable rights of appeal.
(C) This section does not limit or restrict the department’s authority to impose any additional or different conditions on an extended permit that are necessary to protect human health and the environment.
(D) In adopting new conditions for an extended permit, the department shall follow the applicable permit modification procedures specified in this chapter and the regulations adopted pursuant to this chapter.
(E) When prioritizing pending renewal applications for processing and in determining the need for any new conditions on an extended permit, the department shall consider any input received from the public.
(2) (A) The department shall process a hazardous waste facilities permit renewal application in an expedited manner, manner if the department determines that all of the following conditions apply:
(i) The hazardous waste facilities permit renewal application is submitted to the department two years before the expiration of the permit in effect at the time the renewal application is submitted.
(ii) Operations at the hazardous waste facility have not changed significantly since the approval of the permit in effect at the time the renewal application is submitted.
(iii) If the hazardous waste facility had any major violations found by any regulatory agency during the term of the permit in effect at the time the renewal application is submitted, the hazardous waste facility returned to compliance in a timely manner.
(iv) There were no significant concerns raised by the public during the public processes associated with the permit in effect at the time the renewal application is submitted. permit.
(B) When processing a permit renewal in an expedited manner pursuant to subparagraph (A), the department shall begin the review process as early as possible, ensure that the applicable public processes required pursuant to this chapter are adhered to, and issue a permit decision no later than six months after the expiration of the permit in effect at the time the renewal application is submitted.
(C) The department shall cease processing a hazardous waste facilities application in an expedited manner pursuant to subparagraph (A) if the hazardous waste facility no longer meets one or more of the conditions specified in clauses (i) to (iv), inclusive, of subparagraph (A).

(D)The department may exempt a hazardous waste facility from a requirement to provide certain information for purposes of the permit renewal if the department determines that review of the information is not necessary given that the hazardous waste facility meets the conditions specified in clauses (i) to (iv), inclusive, of subparagraph (A).

(E)

(D) The expedited permit renewal process provided for in subparagraph (A) shall not be available to a land disposal facility.
(3) The department shall review each hazardous waste facilities permit for a land disposal facility five years after the date of issuance or reissuance, and shall modify the permit, as necessary, to ensure that the facility continues to comply with the currently applicable requirements of this chapter and the regulations adopted pursuant to this chapter.
(4) This subdivision does not prohibit the department from reviewing, modifying, or revoking a permit at any time during its term.
(d) (1) When reviewing an application for a permit renewal, the department shall consider improvements in the state of control and measurement technology as well as changes in applicable regulations.
(2) Each permit issued or renewed under this section shall contain the terms and conditions that the department determines necessary to protect human health and the environment.
(e) A permit issued pursuant to the federal act by the Environmental Protection Agency in the state for which no state hazardous waste facilities permit has been issued shall be deemed to be a state permit enforceable by the department until a state permit is issued. In addition to complying with the terms and conditions specified in a federal permit deemed to be a state permit pursuant to this section, an owner or operator who holds that permit shall comply with the requirements of this chapter and the regulations adopted by the department to implement this chapter.

SEC. 2.

 Section 25205.7 of the Health and Safety Code is amended to read:

25205.7.
 (a) (1) A person who applies for, or requests, any of the following shall enter into a written agreement with the department pursuant to which that person shall reimburse the department, pursuant to Article 9.2 (commencing with Section 25206.1), for the costs incurred by the department in processing the application or responding to the request:
(A) A new hazardous waste facilities permit, including a standardized permit.
(B) A hazardous waste facilities permit for postclosure.
(C) (i)A renewal of an existing hazardous waste facilities permit, including a standardized permit or postclosure permit.

(ii)The amount of a reimbursement to the department pursuant to clause (i) for a hazardous waste facilities permit renewed through the expedited process provided for in paragraph (2) of subdivision (c) of Section 25200 shall not exceed two hundred thousand dollars ($200,000) for a large storage facility or large treatment facility or one hundred thousand dollars ($100,000) for all other hazardous waste facilities. The director may raise a maximum reimbursement amount specified in this clause if the amount of the costs incurred by the department in processing hazardous waste facilities permit renewals through the expedited process provided for in paragraph (2) of subdivision (c) of Section 25200 is higher than the revenues received with that specified maximum reimbursement amount and the moneys in the Hazardous Waste Control Account are insufficient to fund the department’s regulatory activities. The director shall not raise a maximum reimbursement amount pursuant to this clause to an amount higher than necessary to reimburse the costs incurred by the department in processing those renewals.

(D) A class 2 or class 3 modification of an existing hazardous waste facilities permit or grant of interim status, including a standardized permit or grant of interim status or a postclosure permit.
(E) A variance.
(F) A waste classification determination.
(2) An agreement required pursuant to paragraph (1) shall provide for at least 25 percent of the reimbursement to be made in advance of the processing of the application or the response to the request. The 25-percent advance payment shall be based upon the department’s total estimated costs of processing the application or response to the request.
(3) An agreement entered into pursuant to this section shall, if applicable, include costs of reviewing and overseeing corrective action as set forth in subdivision (b).
(b) An applicant pursuant to paragraph (1) of subdivision (a) and the owner and the operator of the facility shall pay the department’s costs in reviewing and overseeing any corrective action program described in the application for a standardized permit pursuant to subparagraph (C) of paragraph (2) of subdivision (c) of Section 25201.6 or required pursuant to subdivision (b) of Section 25200.10, and in reviewing and overseeing any corrective action work undertaken at the facility pursuant to that corrective action program.
(c) (1) An applicant pursuant to paragraph (1) of subdivision (a) and the owner and the operator of the facility shall, pursuant to Section 21089 of the Public Resources Code, pay all costs incurred by the department for purposes of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), in conjunction with an application or request for any of the activities identified in subdivision (a), including any activities associated with correction action.
(2) Paragraph (1) does not apply to projects that are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) Any reimbursements Reimbursements received pursuant to this section shall be placed in the Hazardous Waste Control Account for appropriation in accordance with Section 25174.
(e) Subdivision (a) does not apply to any a variance granted pursuant to Article 4 (commencing with Section 66263.40) of Chapter 13 of Division 4.5 of Title 22 of the California Code of Regulations.
(f) Subdivision (a) does not apply to any of the following:
(1) Any A variance issued to a public agency to transport wastes for the purposes of operating a household hazardous waste collection facility, facility or to transport waste from a household hazardous waste collection facility, which receives household hazardous waste or hazardous waste from conditionally exempted small quantity generators pursuant to Article 10.8 (commencing with Section 25218).
(2) A permanent household hazardous waste collection facility.
(3) Any A variance issued to a public agency to conduct a collection program for agricultural wastes.
(g) Fees imposed pursuant to this section shall be administered and collected by the department.
(h) (1) The changes made in this section by the act that added this subdivision Chapter 340 of the Statutes of 2016 apply to applications and requests submitted to the department on and after April 1, 2016.
(2) If, on and after April 1, 2016, an applicant has submitted an application and paid a fee pursuant to subdivision (d), as that subdivision read on April 1, 2016, but before the act that added this subdivision took effect, September 13, 2016, the department shall determine the difference between the amount paid by the applicant and the amount due pursuant to subdivision (a), and that applicant shall be liable for that amount.