California Air Resources Board

Summary

Would have established a new regulatory structure at the Department of Toxic Substances Control (DTSC) for metal shredding facilities. The bill, among other things, would have required that any metal shredding facility permit action taken by DTSC consider the conclusions and recommendations set forth in a community emissions reduction program prepared by a local air district and any other health risk assessment conducted by a local air district pursuant to the Air Toxics “Hot Spots” Information and Assessment Act of 1987 or other applicable law. The bill would have required that, if an air quality health risk assessment had not been conducted, the owner or operator of the facility would have had to conduct an analysis of equivalent scope and depth as approved by the local air district.

View full bill text here  

Governor’s Veto Message

To the Members of the California State Senate:

I am returning Senate Bill 404 without my signature.

The bill would establish a comprehensive regulatory program for metal shredding facilities to be administered by the Department of Toxic Substances Control (DTSC) and would require metal shredding facilities to obtain a permit from DTSC.

I support the author's intent to create a uniform structure for permitting metal shredding facilities in California. These facilities are critical to maintaining supply chain stability, recycling millions of end-of-life vehicles, household appliances, and other metallic items produced, used, and discarded annually in California. Unless recycled, these metal materials would overwhelm available landfill capacity, creating a massive accumulation of damaged and abandoned cars, appliances, and other items.

However, this bill lacks clear definitions regarding the materials processed at these facilities, including what "hazardous waste" requirements are applicable. Without this clarity, this bill is not as protective, places a significant burden on DTSC, and cannot be successfully implemented.

I encourage the author to work closely with DTSC and interested parties to remedy this issue, as well as ensure that any future legislation requires metal shredding facilities operate, and be permitted to operate, in a health-protective manner.

For these reasons, I cannot sign this bill.

Sincerely,

Gavin Newsom

View Governor’s veto message here