Hazardous materials: reactive chemicals: methyl methacrylate: facilities

The law aims to reduce risks of explosions that could injure or kill people beyond a facility’s property line. It adds public notice, inspection, and risk-management requirements for facilities handling reactive chemicals.

What the law does ​

• Bars permits for new explosion-risk reactive-chemical storage facilities unless they have an approved backup cooling or contingency system, are not next to a home, and receive public notice and comment.
• Requires cities and counties to name a lead emergency-response department for hazardous-materials incidents in their next emergency-plan update and notify state emergency and health-hazard offices when approving these permits.
• Requires unified program agencies to inspect reactive-chemical storage facilities at least every three years and report results to state environmental, fire, and emergency agencies.
• Adds methyl methacrylate to the accidental-release prevention program, requires California Environmental Protection Agency to set its state threshold quantity, and bars facilities storing or using it from program exemptions.
• Denies the advanced-manufacturing CEQA exemption to specified new, expanded, or modified methyl-methacrylate facilities at or above the state threshold quantity.
• Requires the Office of Environmental Health Hazard Assessment to consider these facilities when identifying disadvantaged communities.

Who it affects ​

• Operators and developers of reactive-chemical storage facilities, especially facilities that store or use methyl methacrylate.
• Cities, counties, city and counties, and their emergency-response departments.
• Certified Unified Program Agencies and participating agencies that regulate and inspect hazardous-materials facilities.

Breakdown ​

Reactive Chemical Facility Safety ​

SB 883 adds safety, public-notice, planning, and inspection requirements for reactive chemical storage facilities that could explode and cause injury or death. Cities and counties generally may approve permits for new facilities only if the facility has an approved backup cooling or other contingency system and is not next to a home. The bill also requires recurring inspections, reporting of inspection results, and consideration of these facilities when identifying disadvantaged communities.

Key takeaways

• Cities and counties cannot approve a building permit for a new covered reactive chemical storage facility unless it has a backup cooling or other contingency system approved by the local unified program agency and is not adjacent to a home.
• Before approving such a permit, a city council or county board of supervisors must give the public notice and an opportunity to comment.
• A city or county that approves one of these permits must notify the Office of Emergency Services and the Office of Environmental Health Hazard Assessment.
• Permit approvals for certain reactive chemical storage facilities cannot use a specified California Environmental Quality Act exemption.
• Cities and counties must identify the lead emergency response department for hazardous-materials incidents in their next emergency operations plan update.
• Local unified program agencies must inspect each reactive chemical storage facility at least once every three years and report the results to specified state agencies.

Methyl Methacrylate Risk Management ​

The bill adds methyl methacrylate to California’s accidental-release prevention program. CalEPA must set the amount of methyl methacrylate that triggers risk-management plan requirements. Facilities that store or use methyl methacrylate cannot be exempted from the program.

Key takeaways

• Methyl methacrylate is added as a substance regulated under the accidental-release prevention program.
• CalEPA must set a state threshold quantity for methyl methacrylate through regulations.
• A facility with methyl methacrylate at or above the applicable threshold must follow the program’s risk-management requirements.
• Facilities that store or use methyl methacrylate are not eligible for an exemption from the program.
• The change expands conduct that can be subject to existing criminal penalties and adds duties for local unified program agencies.

Statewide Application ​

The bill declares that its changes address a statewide concern, not merely local municipal matters. As a result, the changes apply in every California city, including charter cities.

Key takeaways

• The bill makes findings that its proposed changes concern the state as a whole.
• The bill states that these changes are not limited by local municipal authority.
• The bill applies its changes to all California cities, including charter cities.

Local Reimbursement for State Mandates ​

The bill says no state reimbursement is required for certain costs imposed on local agencies or school districts, for specified reasons. If the Commission on State Mandates finds that the bill creates other reimbursable state-mandated costs, those costs must be reimbursed under the existing reimbursement process.

Key takeaways

• The bill excludes certain mandate-related costs from state reimbursement for specified reasons.
• The bill does not eliminate reimbursement for every possible local cost created by the measure.
• The Commission on State Mandates will determine whether the bill creates other state-mandated reimbursable costs.
• Any other costs found to be state-mandated must be reimbursed through the existing statutory process.