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California’s environmental regulators are considering rolling the state’s hazardous waste disposal rules, which could allow some city landfills to accept more contaminated soil from more contaminated areas.
From lead-acid battery smelters to rocket testing facilities, California’s heavy industry for the past century has left a massive range of land soaked in dangerous chemicals. As a result, contaminated soil removed during major environmental cleanups or new constructions usually contains the largest hazardous waste in California each year. According to a 2023 DTSC report, on average, more than 560,000 tons of toxic dirt are excavated each year.
Most of this contaminated soil is not recognized as hazardous waste outside of California, as the state has stricter rules than the federal government. But now, the California Department of Toxicology Control recommends relaxing the state’s hazardous waste rules for contaminated soils, claiming that many non-hazard landfills are properly equipped to accept chemical lace stains, according to unpublished draft plans obtained by the era.
DTSC spokesman Alysa Pakkidis said he is looking for ways to manage California-only hazardous waste “by different standards” as required by state laws of 2021 “while protecting public health and the environment.” Agency recommendations are detailed in the state’s first Hazardous Waste Management Plan. It will help guide the state’s strategy on potentially dangerous waste, and aims to make the 2021 legislation public every three years.
The law required that the first version be made public by March 1st. However, as of March 11th, it has not yet been released.
The DTSC proposal came in the form of dangerous waste, namely soil contaminated after the recent LA wildfire. The agency faces fierce criticism of its decision to dispose of untested and potentially dangerous wildfires and soil at local government landfills in Southern California.
Environmental groups say they will allow waste landfills that have not hated accepting chemically covered soils as a serious mistake. Throwing more toxic substances into landfills increases the likelihood that chemicals will leak into groundwater or become part of the airborne dust that will be blown away by nearby communities.
“The reason we established these waste codes was to protect California’s groundwater and public health,” said Jane Williams, executive director of the California community to Toxics, an environmental nonprofit. “You can see how effective it is [the state is] Regulate landfills without dangerous waste. We are finding huge violations. ”
California’s stricter hazardous waste standards have increased industrial and government costs as contaminated soil must be transported to specialized, hazardous waste facilities in California or to landfills in nearby states under current regulations.
Currently, there are only two dangerous waste landfills in California, Kettleman Hills and Buttonwillo, in the San Joaquin Valley. Contaminated soils are often brought to non-hazardous landfills in nearby states that rely on more generous federal standards. According to the DTSC Draft Report, the average distance driven to dispose of designated dangerous soils in California is approximately 440 miles.
Nick Lapis, director of advocacy for Californians, a Sacramento-based environmental nonprofit organization, said: “So people are always looking for ways to not take away material there. That’s what has led people to take away material from the state from the matter.”
The proposed changes theoretically give private industries a greater choice of landfills within the state where waste can be sent. DTSC claims this will reduce trucking distances, reduce air pollution and reduce costs.
But states can see cost savings by relaxing their policies. California funds the removal and exchange of nearby soil around the Southeast County Exdebattery plant, the state’s most expensive cleanup. State contractors transport hazardous soil from their site to non-hazard waste landfills in Nevada and Utah, Arizona.
California is currently using three tests to determine whether solid waste is dangerous. If the waste is in solid form, it ensures that the waste does not exceed state-established limits for certain toxic substances. For example, 1 million copies of soil is considered toxic by the states per million part.
Two other tests measure the concentration of toxic substances that seep out of solid waste when exposed to acid. These are intended to simulate how solid waste can release chemicals into landfills as they are exposed to leachate – decomposition of liquid waste or waste due to rainfall. One of these tests is based on the way the federal government has been established, while the other is based on the rigorous California-established standards.
The DTSC recommends that contaminated soils that fail the state leak tests are permitted as long as they have passed the other two tests. They emphasized that the dangerous soil would be sent to landfills with liners and exudate collection systems. This is an equipment that collects and pumps liquid waste that drips down the bottom of a dump.
Environmental advocates say the liner system can break down when damaged by an earthquake or extreme heat. They argue that sending chemical layered soils into such systems could ultimately put groundwater at risk near landfills, leading to long-term risk of contamination.
Residents who already live near landfills, which have taken debris from the Eton and Palisade wildfires, say they are worried about toxic dust.
One of these sites is the Sunshine Canyon Reclamation, a 1,036-acre landfill on the ferocious Mountain Pass in the northeastern San Fernando Valley. The landfill is less than a mile from the popular recreation area with soccer fields and baseball diamonds.
After the truck moved the fire debris to the landfill, Eric Pfeferman, a resident of nearby Granada Hills, opposed her son being able to participate in the Youth Soccer League this year.
“We keep hearing about liners and leaching, but not about wind,” Eric Pfefferman said. “Things don’t just sink, they’re lifted up.”
Contaminated soil is used as a “daily cover,” a layer of material that spreads over urban waste to prevent odors and pests. When asked at a November 2024 meeting if state officials could use only California-only hazardous soil as a cover, a representative from the DTSC said, “That’s a consideration.”
California’s Hazardous Waste Act was established in 1972 to direct the state to regulate the handling, transportation and disposal of hazardous materials within the state. The state adopted a more stringent classification system and regulations in the 1980s, including state leak testing. California regulations are one of the strictest in the country, but have been loosened over time.
For example, in 2021, the state legislature adopted rules that allow wood coated with toxic metals such as chromium and arsenic to be taken to non-hazardous waste facilities.
There could be next contaminated soil. DTSC is working to identify regulatory or statutory pathways that allow California landfills to have soil that can be contaminated with heavy metals. This requires the cooperation of the state’s Water Resources Commission and Calrecycle, which regulates landfills of non-hazardous waste. According to the DTSC Draft Plan, landfill owners will need to volunteer to accept the contaminated soil.
The Environmental Safety Commission, a five-member committee that oversees the DTSC, will hold a series of public meetings on the state’s dangerous waste plans. The board will vote in July on whether to approve the plan.
Environmental advocates say the plan will likely face harsh opposition.
“If we need more waste capacity, we may need to require everyone to follow the same standards as landfills for dangerous waste,” said Lapis, head of advocacy for Californians. “Deregulation is not the right solution. The fact that they are proposing it is a bit weird for me.”
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