Metal shredding facilities: fence-line air quality monitoring.

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 shredding facilities. 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, and would require the department to set the fee schedule at a rate sufficient to also reimburse the Office of Environmental Health Hazard Assessment for its costs to implement these provisions, as provided. The bill would make the moneys in the subaccount additionally available, upon appropriation by the Legislature, to the office for its costs to implement these provisions, as provided. The bill would require an air district the jurisdiction of which includes metal shredding facilities, in consultation with the department and the office, on or before January 1, 2027, to develop requirements for facilitywide fence-line air quality monitoring at metal shredding facilities, as provided. The bill would require the air district to, among other things, 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 authorize the air district to be reimbursed for these costs pursuant to its fee authority. 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 and would authorize metal shredding facilities to report the results of that monitoring to local public health departments, as provided. 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, to develop a community notification procedure, as provided. By imposing new duties on air districts and 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.