Existing law defines a "fence-line monitoring system," for purposes of specified laws requiring the monitoring of toxic air contaminants from nonvehicular sources, to mean monitoring equipment that measures and records air pollutant concentrations at or adjacent to a stationary source that may be useful for detecting or estimating emissions of pollutants from the source, including the quantity of fugitive emissions, and in supporting enforcement efforts.
Existing law requires the Department of Toxic Substances Control to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment, including the operation of metal shredding facilities for appliance recycling. Existing law authorizes the department to collect an annual fee from all metal shredding facilities that are subject to the requirements of the hazardous waste control laws, and to deposit those fees into a subaccount in the Hazardous Waste Control Account. Existing law makes those moneys available to the department, upon appropriation by the Legislature, to reimburse the department's costs to implement the hazardous waste control laws applicable to metal shredder facilities. Existing law exempts a metal shredding facility that pays this annual fee from specified other hazardous waste fees.
Existing law establishes the State Air Resources Board as the state agency with primary jurisdiction over the regulation of air pollution. Existing law generally designates air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources.
This bill would require, instead of authorize, the department to collect the above-described annual fee from all metal shredding facilities that are subject to the requirements of the hazardous waste control laws, as provided. The bill would revise the exemptions for those metal shredding facilities from other hazardous waste fees described above. The bill would require, on or before January 1, 2027, an air district the jurisdiction of which includes metal shredding facilities, in consultation with the department and the Office of Environmental Health Hazard Assessment, to develop requirements for facilitywide fence line air quality monitoring at metal shredding facilities, as provided. The bill would require an air district to develop threshold levels, in consultation with the office, for airborne contaminants, as specified, and, on or before July 1, 2027, to adopt regulations to implement, interpret, or make specific the requirements of the bill. The bill would require the department to require metal shredding facilities to monitor and report to the department hazardous waste constituents requested by the department. The bill would also require the department to collect and analyze light fibrous material at the fence lines to determine the potential for release of hazardous waste. The bill would require the department, on or before July 1, 2027, and the air districts to develop community notification procedures, as provided. The bill would authorize the department, and require the air districts to require metal shredding facilities, to report the results of monitoring to local public health departments, as provided. The bill would also authorize any reasonable regulatory costs incurred by the air districts, the department, or the office in implementing the bill's requirements to be reimbursed from the revenues from the above-described annual fee. By imposing new duties on local public health departments, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Statutes affected:
05/16/24 - Amended Assembly: 25150.84 HSC
07/03/24 - Amended Senate: 25150.84 HSC