DTSC Must Follow Lead and Act to Protect Frontline Communities
Sacramento, CA — Tonight, Governor Gavin Newsom stood up for frontline communities and vetoed SB 404, a bill that would have dangerously weakened hazardous waste protections for public health and the environment from some of California’s most toxic industrial polluters, metal shredding facilities.
Metal shredders process end-of-life cars, appliances, and other scrap metal, creating massive amounts of toxic waste that contains lead, cadmium, PCBs, copper, arsenic, and other harmful pollutants. These contaminants pollute air, soil, and water in surrounding neighborhoods, putting residents, children, and workers at risk of serious harm. In 2023, a massive fire at Radius Recycling in Oakland sent hazardous smoke across Alameda County and beyond that prompted an air quality advisory. Metal shredders can play a large role in our recycling system, but they must adhere to laws and not pollute already over-burdened communities.
Communities near some of the largest metal shredders in California are relieved that Governor Newsom rejected this industry-backed attempt to exclude metal shredders from critical hazardous waste requirements. SB 404 lacked meaningful consultation with affected communities and would have created legal loopholes that threaten public health and the environment.
But more action is needed. There are at least nine active metal shredders in California, and many are located in or near working-class communities and communities of color, including in west Oakland, Colton, and Long Beach. For decades, these mega shredders have been disrupting efforts by regulators to hold them accountable.
“Metal shredders keep trying to sidestep hazardous waste laws so they can keep polluting our communities,” said Karen Chen, attorney at NRDC (Natural Resources Defense Council). “Governor Newsom delivered an important victory for our health, but the fight is far from over.”
Communities impacted by California’s mega shredders are calling on the Department of Toxic Substances Control (DTSC) to use its full authority to protect people and the environment. “If California is serious about protecting public health, advancing environmental justice, and holding toxic polluters accountable, hazardous waste must be regulated like hazardous waste,” said Gem Montes, advocate and resident of Colton.
“DTSC should follow Governor Newsom’s strong example and promptly require metal shredders to obtain hazardous waste permits to protect public health and the environment,” said Ben Eichenberg, senior attorney at San Francisco Baykeeper. “DTSC should also develop tailored requirements to address the ongoing problems we’ve seen at metal shredding facilities, including fires and releases of heavy metals into surrounding communities, San Francisco Bay, and throughout the state.”
Residents also raised concerns about how SB 404 got so far without consulting with the people most impacted by the mega shredders. “In taking these vital next steps, DTSC must meaningfully engage with impacted communities across the state,” said Brian Beveridge, executive director of the West Oakland Environmental Indicators Project. “For Oakland, there’s already the West Oakland Metal Shredder Collaborative hosted by WOEIP and CalEPA, where DTSC can collect input from the community, other regulators, and the facility.”
Pictured, above: A fire at the Radius (formerly Schnitzer Steel) metal shredding facility in Oakland