Bill Text: CA AB1383 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: District-based municipal elections.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-05-29 - Withdrawn from committee. Re-referred to Com. on RLS. [AB1383 Detail]

Download: California-2013-AB1383-Amended.html
BILL NUMBER: AB 1383	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 9, 2013
	AMENDED IN SENATE  SEPTEMBER 6, 2013

INTRODUCED BY    Committee on Labor and Employment 
 (   Roger Hernández (Chair), Alejo, Chau,
and Holden   )   Assembly Member 
 Roger  Hernández 

                        MARCH 4, 2013

   An act to amend Sections 25199.3 and 25200 of, and to add Sections
25107, 25122.10, 25178.2, 25186.4, and 25199.3.1 to, the Health and
Safety Code, and to amend Section 21151.1 of the Public Resources
Code, relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1383, as amended,  Committee on Labor and Employment
  Roger  Hernández  . Hazardous waste: permitting.
   (1) Existing law requires the Department of Toxic Substances
Control to post certain information regarding the status of the
hazardous waste facilities program on or before January 1 of each
odd-numbered year on its Internet Web site.
   This bill would define the term "significant noncomplier" and
would require the department to develop and maintain a searchable
database that contains certain information regarding hazardous waste
facilities permits, including information regarding significant
noncompliers, for certain hazardous waste facilities.
   (2) Existing law requires the department to issue a hazardous
waste facilities permit to a facility that, in the judgment of the
department, meets specified requirements. The permit is required to
be issued for a fixed term and existing law specifies a procedure for
the continuation of that term. Existing law also authorizes the
department to issue specified permits and grants of authorization to
hazardous waste facilities managing specified types of hazardous
waste, including standardized permits for hazardous waste facilities
that are not subject to the federal Resource Conservation and
Recovery Act of 1976 (RCRA). The department is required to issue a
written report regarding the issuance of a hazardous waste facilities
permit regarding the violations of specified laws or regulations by
the applicant.
   This bill would prohibit the department from issuing, renewing, or
modifying a hazardous waste facilities permit for a hazardous waste
facility, as defined, if the applicant, project proponent, or any of
its affiliated entities is a significant noncomplier, unless the
department makes a specified finding.
   (3) Existing law establishes procedures for a land use decision by
a local agency concerning a hazardous waste facility project, as
defined, including the requirements imposed by the Permit
Streamlining Act. An applicant for a hazardous waste facility project
is authorized to submit applications for land use decisions and for
one or more permits, including a hazardous waste facilities permit,
simultaneously. A state agency is prohibited from refusing to issue a
permit for a hazardous waste facility on the grounds that the
applicant has not been granted a local land use permit.
   This bill would require an applicant for a hazardous waste
facilities permit for a hazardous waste facility project or for the
modification of a hazardous waste facilities permit for a material
expansion of a hazardous waste facility to file the application for a
hazardous waste facilities permit with the department concurrently
with the applications for any land use decisions that a local agency
may require for the hazardous waste facility. The bill would require
the department to serve as the lead agency for the issuance of the
hazardous waste facilities permit pursuant to the California
Environmental Quality Act and would require any other state agency
that is required to issue a permit and any other local agency that is
required to issue a land use decision to serve as a responsible
agency. The bill would impose a state-mandated local program by
imposing new duties upon local agencies.
   The bill would require the department to take specified actions
with regard to holding hearings, providing notice, and making certain
environmental documents and other materials related to a hazardous
waste facilities permit publicly available on its Internet Web site.
   The bill would require the department to prepare and certify an
environmental impact report and a health risk assessment for the
permit in a specified manner and to either reject the application for
the hazardous waste facilities permit or issue a draft hazardous
waste facilities permit. The bill would prohibit the department from
issuing a final hazardous waste facilities permit until all the local
land use decisions for the hazardous waste facility have been
issued.
   (4) The California Environmental Quality Act requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify
the completion of, an environmental impact report (EIR) on a project
that it proposes to carry out or approve that may have a significant
effect on the environment or to adopt a negative declaration if it
finds that the project will not have that effect. Existing law
requires the preparation of an EIR, or the modification, addendum, or
supplement of an existing environmental impact report, for the
initial issuance of a hazardous waste facilities permit to an offsite
large treatment facility or for the initial issuance of a hazardous
waste facilities permit to a land disposal facility.
   This bill would instead require the preparation of an EIR or the
modification, addendum, or supplement of an existing EIR for the
issuance of a hazardous waste facilities permit, including the
initial issuance of a permit to a land disposal facility, or the
issuance of a standardized hazardous waste facility permit or the
modification of a permit for a facility undergoing a material
expansion, as defined.
   (5) 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25107 is added to the Health and Safety Code,
to read:
   25107.  The Legislature finds and declares all of the following:
   (a) Hazardous waste facilities provide a valuable and necessary
service in California, and the regulation of hazardous waste
facilities allows these facilities to provide this valuable and
necessary service  , at the same time,  while also ensuring
protection of the environment and general welfare.
   (b) Central to the regulation of hazardous waste facilities is
ensuring that the environmental impacts of those facilities are
adequately considered during the permitting process, and the
standardization within the department of this environmental review is
desirable.
   (c) Also central to the regulation of hazardous waste facilities
is ensuring that entities that operate these facilities comply with
applicable laws and regulations, and that entities that frequently
fail to comply with applicable laws and regulations are not given new
or renewed hazardous waste facilities permits.
  SEC. 2.  Section 25122.10 is added to the Health and Safety Code,
to read:
   25122.10.  (a) "Significant noncomplier" means a facility, an
owner, or an operator that is required pursuant to the federal act to
obtain a hazardous waste facilities permit, in accordance with
Section 25200, and for which the department finds either of the
following conditions:
   (1) The facility is owned or is operated by a person that,
together with its affiliates and predecessors, or the owner or
operator is a person that, has had three separate Class I violations,
that have been formally noticed, and have not been rescinded or
classified by the department as a violation other than a Class I
violation, in the previous 10-year period.
   (2) The facility, owner, or operator chronically and without
reasonable basis, deviates from the terms of a permit, order,
settlement document, or decree issued pursuant to this chapter by
failing to perform work as required by the terms of the permit,
order, settlement document, or decree so that the deviation or
failure may be considered willful recalcitrance.
   (b) For purposes of determining whether a facility, an owner, or
an operator is a significant noncomplier, the department shall not
include a violation or other noncompliance that occurred before the
date of acquisition of all, or a portion of, the facility, through a
bona fide, arms-length transaction, as defined by the department
pursuant to regulation.
  SEC. 3.  Section 25178.2 is added to the Health and Safety Code, to
read:
   25178.2.  (a) For purposes of this section "hazardous waste
facilities permit" means a permit issued pursuant to Section 25200
for a facility that is required to obtain a hazardous waste facility
permit pursuant to the federal act.
   (b) The department shall develop and maintain a searchable
database that contains all of the following information:
   (1) All persons or facility operators subject to, or seeking, a
hazardous waste facilities permit pursuant to this chapter.
   (2) All hazardous waste facilities permits issued pursuant to this
chapter.
   (3) All pending applications for hazardous waste facilities
permits, including relevant status information.
   (4) The identification of each hazardous waste facility, owner, or
operator that the department determines is a significant
noncomplier.
   (5) All Class I violations issued to hazardous waste facilities in
the previous 10 years and whether the violations have been
corrected.
   (c) On or before June 1, 2014, the department shall make the
searchable database required by this section available to the public
by posting it on its Internet Web site, and the department shall keep
the database regularly updated thereafter.
  SEC. 4.  Section 25186.4 is added to the Health and Safety Code, to
read:
   25186.4.  (a) Except as provided in subdivision (b), the
department shall not issue, renew, or modify a hazardous waste
facilities permit for a hazardous waste facility that is required to
obtain a permit pursuant to the federal act if the department finds
the applicant, project proponent, or affiliated entity is a
significant noncomplier, including an application for a new, renewed,
or modified hazardous waste facilities permit that is pending as of
January 1, 2014. The department shall determine whether an applicant,
project proponent, or any affiliated entity, that has filed an
application for a new, renewed, or modified hazardous waste
facilities permit that is pending as of January 1, 2014, is a
significant noncomplier.
   (b) The department may issue, renew, or modify a hazardous waste
facilities permit, including modifying a hazardous waste facilities
permit to reflect acquisition by a new person or a change in
ownership or operational control, if the current owner or operator of
the hazardous waste facility is a significant noncomplier if the
department finds both of the following:
   (1) The person that acquired all, or a portion of, the interests
of the owner or operator of the hazardous waste facility that is a
significant noncomplier, does not qualify as a significant
noncomplier.
   (2) The person that acquired all, or a portion of, the interests
of the owner or operator of the hazardous waste facility that is a
significant noncomplier, acquired that entity through a bona fide,
arms-length transaction, as defined by the department pursuant to
regulation.
  SEC. 5.  Section 25199.3 of the Health and Safety Code is amended
to read:
   25199.3.  (a) Notwithstanding any other provision of law, but
except as provided in Section 25199.3.1, an applicant for a hazardous
waste facility project may submit applications for a land use
decision and for one or more permits to the appropriate public
agencies simultaneously. Unless a state agency is prohibited by
statute from approving a permit before the granting of a local land
use decision, the state agency shall not refuse to issue a permit for
a hazardous waste facility project on the grounds that the applicant
has not been granted a land use permit, except that the state agency
may provide that the permit shall not become effective until the
applicant is granted a local land use permit.
   (b) Any public agency may request another public agency to jointly
review applications for a permit or land use decision for a
hazardous waste facility project. A public agency may consolidate,
with other public agencies, public meetings and hearings permitted or
required by law or regulation for the issuance of a permit or the
making of a land use decision for a hazardous waste facility project.

   (c) The department shall coordinate the technical review of
applications for permits for hazardous waste facility projects that
are received by state agencies.
   (d) Upon the request of a local agency, the department, and any
other state agency that is authorized to issue a permit for a
hazardous waste facility project, shall provide technical assistance
to a local agency that is reviewing an application for a land use
decision for the project.
  SEC. 6.  Section 25199.3.1 is added to the Health and Safety Code,
to read:
   25199.3.1.  (a) Notwithstanding subdivision (l) of Section
25199.1, for purposes of this section, "material expansion" means the
expansion of an existing hazardous waste facility's treatment,
storage, or disposal capacity by 10 percent or more.
   (b) The requirements of this section apply to the issuance of a
hazardous waste facilities permit for a hazardous waste facility
project or the modification of a hazardous waste facilities permit
for a material expansion of a hazardous waste facility.
   (c) (1) An applicant for a hazardous waste facilities permit or
modification shall file the application for a hazardous waste
facilities permit with the department concurrently with the
applications for any land use decisions that a local agency may
require for the hazardous waste facility. The department shall post
all hazardous waste facilities permit applications and applications
for a land use decision on the department's Internet Web site.
   (2) The department shall serve as the lead agency for the issuance
of the hazardous waste facilities permit pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code). Any other state agency that is
required to issue a permit and any other local agency that is
required to issue a land use decision shall serve as a responsible
agency.
   (d) The department shall prepare an environmental impact report
and a health risk assessment for any hazardous waste facilities
permit for a new facility and for any amendment to, or modification
of, the hazardous waste facilities permit for a material expansion of
the existing facility. The health risk assessment shall meet the
same requirements as a health risk assessment prepared pursuant to
subdivision (b) of Section 25356.1.5.
   (e) The department shall take both of the following actions to
provide for public participation and environmental review of the
hazardous waste facilities permit or modification, when required to
give notice pursuant to this section:
   (1) The department shall mail or deliver notice to all owners of
all real property as shown on the latest equalized assessment roll
within 1,000 feet, for nonresidential property, or 2,000 feet, for
residential property, of the real property that is the subject of the
application for a hazardous waste facilities permit. In lieu of
using the assessment roll, the department may use records of the
county assessor or tax collector that contain more recent information
than the assessment roll.
   (2) The department shall provide notice by placing a display
advertisement of at least one-eighth page in at least one newspaper
of general circulation for the city, or if the proposed facility is
not located in a city, the county in which the real property that is
the subject of the application for a hazardous waste facilities
permit is located.
   (f) (1) The department shall coordinate with the city, or if the
proposed facility is not located in a city, the county, in which the
real property that is the subject of the application for a hazardous
waste facilities permit is located.
   (2) The department shall hold at least one public scoping meeting,
as described in Section 21083.9 of the Public Resources Code, in the
jurisdiction of the city or county specified in paragraph (1) before
taking any action pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code).
   (3) The department shall give public notice pursuant to
subdivision (e) of a scoping meeting at least 30 days before holding
the scoping meeting. The scoping meeting shall be held as close as
practicable to the location of the proposed facility and shall be
held more than two miles from the proposed facility location only
when there is not a publicly accessible meeting location within two
miles of the proposed facility location.
   (g) The department shall prepare a draft environmental impact
report and draft a health risk assessment. The department shall allow
at least a 45-day public comment period on the draft environmental
impact report and the draft health risk assessment, and the
department shall hold at least one public hearing during the public
comment period in the city, or if the proposed facility is not
located in a city, in the county in which the hazardous waste
facility is proposed to be located. The department shall give public
notice of the public hearing pursuant to subdivision (e) at least 30
days before the public hearing.
   (h) The department may certify the final environmental impact
report and approve the health risk assessment only at a public
hearing. The department shall give public notice of the public
hearing and of the public availability of the final environmental
impact report and health risk assessment pursuant to subdivision (e)
at least 10 days before the public hearing to certify the
environmental impact report and approve the health risk assessment.
   (i) (1) After the department certifies the environmental impact
report and approves the health risk assessment pursuant to
subdivision (h), the department shall either reject the application
for the hazardous waste facilities permit or issue a draft hazardous
waste facilities permit that is revised to take into account the
results of the final environmental impact report and the health risk
assessment.
   (2) A draft hazardous waste facilities permit issued pursuant to
paragraph (1) shall be known as a "revised draft permit."
   (3) The department shall give public notice of the availability of
the revised draft permit pursuant to subdivision (e) and take public
comments on the revised draft permit for at least 60 days. The
department shall not issue a final hazardous waste facilities permit
until all of the local land use decisions that a local agency may
require for the hazardous waste facility have been issued.
   (j) After all local land use decisions have been issued for a
hazardous waste facility project and after the 60-day public comment
period on the revised draft permit has ended, the department may
issue the final hazardous waste facilities permit at a public
hearing. The department shall give public notice of the public
hearing pursuant to subdivision (e) at least 30 days before holding
the public hearing to approve the final hazardous waste facilities
permit.
   (k) The department shall make all environmental documents,
application materials, public comments, responses, and technical
documents related to a hazardous waste facilities permit subject to
this section publicly available on its Internet Web site.
   (l) The requirements in this section are in addition to those
contained in other applicable laws, including, but not limited to,
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code).
  SEC. 7.  Section 25200 of the Health and Safety Code is amended to
read:
   25200.  (a) (1) 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
meets both of the following requirements:
   (A) Meets the building standards published in the California
Building Standards Code relating to hazardous waste facilities.
   (B) Complies with the other standards and requirements adopted
pursuant to this chapter.
   (2) 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 condition on a hazardous waste
facilities permit that is consistent with the intent of this chapter.

   (3) The department shall not issue a hazardous waste facilities
permit to a significant noncomplier, as specified in Section 25186.4.

   (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 an 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 a land disposal facility, storage facility, incinerator, or
other treatment facility.
   (B) Except as provided in subparagraph (C), 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) If the owner or operator of the hazardous waste facility is a
significant noncomplier, the owner or operator is subject to Section
25186.4.
   (D) 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.
   (E) 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.
   (F) 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) 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
assure that the facility continues to comply with the currently
applicable requirements of this chapter and the regulations adopted
pursuant to this chapter.
   (3) 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. 8.  Section 21151.1 of the Public Resources Code is amended to
read:
   21151.1.  (a) Notwithstanding paragraph (6) of subdivision (b) of
Section 21080, or Section 21080.5 or 21084, or any other provision of
law, except as provided in this section, a lead agency shall prepare
or cause to be prepared by contract, and certify the completion of,
an environmental impact report or, if appropriate, a modification,
addendum, or supplement to an existing environmental impact report,
for a project involving any of the following:
   (1) The burning of municipal wastes, hazardous waste, or
refuse-derived fuel, including, but not limited to, tires, if the
project is either of the following:
   (A) The construction of a new facility.
   (B) The expansion of an existing facility that burns hazardous
waste that would increase its permitted capacity by more than 10
percent.
   (2) The issuance of a hazardous waste facilities permit pursuant
to Section 25200 of the Health and Safety Code, including, but not
limited to, the initial issuance of a hazardous waste facilities
permit to a land disposal facility, as defined in subdivision (d) of
Section 25199.1 of the Health and Safety Code, and the issuance of a
standardized hazardous waste facility permit pursuant to Section
25201.6 of the Health and Safety Code to a new hazardous waste
facility or the modification of such a permit for a facility
undergoing a material expansion, as defined in Section 25199.3.1 of
the Health and Safety Code.
   (3) A base reuse plan as defined in Section 21083.8.1. The
Legislature hereby finds that no reimbursement is required pursuant
to Section 6 of Article XIII B of the California Constitution for an
environmental impact report for a base reuse plan if an environmental
impact report is otherwise required for that base reuse plan
pursuant to any other provision of this division.
   (b) For purposes of subparagraph (B) of paragraph (1) of
subdivision (a), the amount of expansion of an existing facility
shall be calculated by comparing the proposed facility capacity with
whichever of the following is applicable:
   (1) The facility capacity authorized in the facility's hazardous
waste facilities permit pursuant to Section 25200 of the Health and
Safety Code or its grant of interim status pursuant to Section
25200.5 of the Health and Safety Code, or the facility capacity
authorized in a state or local agency permit allowing the
construction or operation of a facility for the burning of hazardous
waste, granted before January 1, 1990.
   (2) The facility capacity authorized in the facility's original
hazardous waste facilities permit, grant of interim status, or a
state or local agency permit allowing the construction or operation
of a facility for the burning of hazardous waste, granted on or after
January 1, 1990.
   (c) For purposes of paragraph (2) of subdivision (a), the issuance
of a hazardous waste facilities permit does not include the issuance
of a closure or postclosure permit pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code.
   (d) Paragraph (1) of subdivision (a) does not apply to a project
that does any of the following:
   (1) Exclusively burns digester gas produced from manure or any
other solid or semisolid animal waste.
   (2) Exclusively burns methane gas produced from a disposal site,
as defined in Section 40122, that is used only for the disposal of
solid waste, as defined in Section 40191.
   (3) Exclusively burns forest, agricultural, wood, or other biomass
wastes.
   (4) Exclusively burns hazardous waste in an incineration unit that
is transportable and that is either at a site for not longer than
three years or is part of a remedial or removal action. For purposes
of this paragraph, "transportable" means any equipment that performs
a "treatment" as defined in Section 66216 of Title 22 of the
California Code of Regulations, and that is transported on a vehicle
as defined in Section 66230 of Title 22 of the California Code of
Regulations, as those sections read on June 1, 1991.
   (5) Exclusively burns refinery waste in a flare on the site of
generation.
   (6) Exclusively burns in a flare methane gas produced at a
municipal sewage treatment plant.
   (7) Exclusively burns hazardous waste, or exclusively burns
hazardous waste as a supplemental fuel, as part of a research,
development, or demonstration project that, consistent with federal
regulations implementing the Resource Conservation and Recovery Act
of 1976, as amended (42 U.S.C. Sec. 6901 et seq.), has been
determined to be innovative and experimental by the Department of
Toxic Substances Control and that is limited in type and quantity of
waste to that necessary to determine the efficacy and performance
capabilities of the technology or process. However, a facility that
operated as a research, development, or demonstration project and for
which an application is thereafter submitted for a hazardous waste
facility permit for operation other than as a research, development,
or demonstration project shall be considered a new facility for the
burning of hazardous waste and shall be subject to subdivision (a).
   (8) Exclusively burns soils contaminated only with petroleum fuels
or the vapors from these soils.
   (9) Exclusively treats less than 3,000 pounds of hazardous waste
per day in a thermal processing unit operated in the absence of open
flame, and submits a worst-case health risk assessment of the
technology to the Department of Toxic Substances Control for review
and distribution to the interested public. This assessment shall be
prepared in accordance with guidelines set forth in the Air Toxics
Assessment Manual of the California Air Pollution Control Officers
Association.
   (10) Exclusively burns less than 1,200 pounds per day of medical
waste, as defined in Section 117690 of the Health and Safety Code, on
hospital sites.
   (11) Exclusively burns chemicals and fuels as part of firefighter
training.
   (12) Exclusively conducts open burns of explosives subject to the
requirements of the air pollution control district or air quality
management district and in compliance with the regulations adopted by
the Federal Occupational Safety and Health Administration (OSHA) or
by the Division of Occupational Safety and Health (Cal-OSHA) of the
Department of Industrial Relations.
   (13) Exclusively conducts onsite burning of less than 3,000 pounds
per day of fumes directly from a manufacturing or commercial
process.
   (14) Exclusively conducts onsite burning of hazardous waste in an
industrial furnace that recovers hydrogen chloride from the flue gas
if the hydrogen chloride is subsequently sold, distributed in
commerce, or used in a manufacturing process at the site where the
hydrogen chloride is recovered, and the burning is in compliance with
the requirements of the air pollution control district or air
quality management district and the Department of Toxic Substances
Control.
   (e) Paragraph (1) of subdivision (a) does not apply to a project
for which the State Energy Resources Conservation and Development
Commission has assumed jurisdiction under Chapter 6 (commencing with
Section 25500) of Division 15.
   (f) This section does not exempt a project from any other
requirement of this division.
   (g) For purposes of this section, offsite facility means a
facility that serves more than one generator of hazardous waste.
  SEC. 9.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.                                    
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