Article 6.3. Technology Demonstration Program of California Health And Safety Code >> Division 20. >> Chapter 6.8. >> Article 6.3.
Notwithstanding Section 25355.5, the department shall carry
out a program of full-scale demonstrations to evaluate treatment
technologies that can be safely utilized for removal and remedial
actions to hazardous substance releases.
For the purposes of this article, the following
(a) "Treatment technologies" means methods, techniques, or
processes, including proprietary or patented methods, that
permanently alter the composition of hazardous substances at
hazardous substance release sites through chemical, biological, or
physical means so as to make the substances nonhazardous or to
significantly reduce the toxicity, mobility, or volume, or any
combination thereof, of the hazardous substances or contaminated
materials being treated.
(b) "Full-scale demonstration" means a demonstration of a
technology that is of a size or capacity which permits valid
comparison of the technology to the technical performance and cost of
conventional technologies, that is likely to be cost-effective, and
that will result in a substantial or complete remedial or removal
action to a hazardous substance release site.
The department shall select technology demonstration
projects to be evaluated pursuant to this article using criteria that
include, at a minimum, all of the following requirements:
(a) The project proposal includes complete and adequate
documentation of technical feasibility.
(b) The project proposal includes evidence that a technology has
been sufficiently developed for full-scale demonstration and can
likely operate on a cost-effective basis.
(c) The department has determined that a site is available and
suitable for demonstrating the technology or technologies, taking
into account the physical, biological, chemical, and geological
characteristics of the site, the extent and type of contamination
found at the site, and the capability to conduct demonstration
projects in a manner to ensure the protection of human health and the
(d) The technology to be demonstrated preferably has widespread
applicability in removal and remedial actions at other sites in the
(e) The project will be developed to the extent that a successful
demonstration on a hazardous substance release site may lead to
commercial utilization by responsible parties at other sites in the
(f) The department has determined that adequate funding is
available from one or more of the following sources:
(1) Responsible parties.
(2) The Environmental Protection Agency.
(3) The state account.
The department shall identify hazardous substance release
sites, listed pursuant to Section 25356, that are particularly
well-suited for technology demonstration projects. In identifying
hazardous substance release sites, the department shall consider, at
a minimum, all of the following:
(a) The state's priority ranking for removal and remedial actions
to hazardous substance release sites adopted pursuant to Section
(b) The volume and variability of the hazardous substance release
at the site.
(c) The availability of data characterizing the hazardous
(d) The accessibility of the hazardous substance release.
(e) Availability of required utilities.
(f) Support of federal and local governments.
(g) Potential for adverse effects to public health and the
(a) The department shall annually, on or before July 1,
publish a solicitation for proposals to conduct treatment
demonstration projects which utilize technologies which are at a
stage of development suitable for full-scale demonstrations at
hazardous substance release sites. The solicitation notice shall
prescribe information to be included in the proposal, including
technical and economic data derived from the applicant's own research
and development efforts, and any other information which may be
prescribed by the department to assess the technology's potential and
safety and the types of removal or remedial action to which it may
(b) Any person and private or public entity may submit an
application to the department in response to the solicitation. The
application shall contain a proposed treatment demonstration plan
setting forth how the treatment demonstration project is to be
carried out and any other information which the department may
(a) On or before January 1, after reviewing all proposals
submitted pursuant to Section 25368.4, the department shall annually
select at least two treatment demonstration projects, to be commenced
during that calendar year, using, at a minimum, the criteria
specified in Section 25368.2.
(b) If the department determines that the required number of
demonstrations required by subdivision (a) cannot be initiated
consistent with the criteria specified in Section 25368.2 in any
fiscal year, the department shall inform the appropriate committees
of the Legislature of the reasons for its inability to conduct these
(c) Each treatment demonstration project selected pursuant to this
section shall be performed by the applicant, or by a person approved
by the applicant and the department.
Notwithstanding Section 25360, if the department
determines that using an alternative treatment technology to conduct
a removal or remedial action at a hazardous substance release site
listed pursuant to paragraph (2) or (3) of subdivision (b) of Section
25356 would be more costly than another available and feasible
removal or remedial action method that would also achieve
satisfactory results, the department may determine not to attempt to
recover from the liable person the incremental costs of the removal
or remedial action attributable to the alternative treatment
The department shall conduct a technology transfer program
that shall include the development, collection, evaluation,
coordination, and dissemination of information relating to the
utilization of alternative or innovative hazardous waste treatment
technologies demonstrated pursuant to this article. The information
shall include an evaluation of each treatment demonstration project's
efficacy relating to performance and cost in achieving permanent and
significant reduction in risks from hazardous substance releases.
The information shall also include documentation of the testing
procedures utilized in the project, the data collected, and the
quality assurance and quality control which was conducted. The
information shall also include the technology's applicability,
pretreatment and posttreatment measurements, and the technology's
advantages or disadvantages compared to other available technologies.
Notwithstanding paragraph (5) of subdivision (c) of
Section 25356.1, when preparing or approving a remedial action plan
for a site listed pursuant to paragraph (2) or (3) of subdivision (b)
of Section 25356, that has been selected for a treatment
demonstration project pursuant to this article, the department shall
consider the cost-effectiveness of the project but is not required to
choose the most cost-effective measure.