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EL SEGUNDO, Calif. (October 10, 2023) –Today, Governor Gavin Newsom signed Assemblymember Al Muratsuchi’s bill AB 1216: Wastewater Treatment Plants, Monitoring of Air Pollutants into law.
Bill AB 1216 requires wastewater treatment plants in the state of California which meet certain criteria — specifically, the Hyperion Wastewater Treatment Plant — to conduct regular monitoring for nitrogen oxides (NOx) and volatile organic compounds (VOCs) at the source, and to install, operate, and maintain a fence-line monitoring system to track emissions of pollutants of concern, including hydrogen sulfide. Additionally, the bill requires that fence-line data be shared with the public in real time. All monitoring must follow the standards set forth by the South Coast Air Quality Management District (SCAQMD).
“The City, our community members, along with SCAQMD and L.A. County Department of Public Health, have been fighting for this for over two years since Hyperion’s nearly catastrophic spill,” said Mayor Drew Boyles. "Now, thanks to Assemblymember Al Muratsuchi’s bill AB 1216, our current and future generations will be able to answer the question – are the emissions from the Hyperion plant safe to breathe?”
The foul odors being emitted from Hyperion have been an ongoing issue since July 11, 2021, when a major flooding in the plant resulted in 17 million gallons of raw sewage being discharged into the Santa Monica Bay. Since then, El Segundo residents have continuously reported experiencing headaches, nausea and vomiting due to the smells being emitted from Hyperion.
Mayor Boyles went on to say that “When talking to Hyperion, they consistently told us that they would ‘meet their legal obligations.’ Our path forward was crystal clear, we had to change the law to protect our community’s welfare. We are forever grateful to Assemblymember Muratsuchi, who didn’t hesitate when we asked him to take up this legislation.”
The City aimed to have the legislation mirror the air-quality requirements that refineries have to adhere to. Assemblymember Al Muratsuchi introduced the bill that legalized those standards, and then, in 2022, it so happened that El Segundo was redistricted to be represented by the Assemblymember.
"AB 1216 is a transparency and accountability measure to ensure Hyperion has a proper fence-line monitoring system capable of measuring hazardous emissions,” stated Assemblymember Al Muratsuchi. “Current air-quality monitoring requirements in place are insufficient and the residents of El Segundo and other surrounding communities deserve to know the air is safe to breathe.”
Muratsuchi introduced the bill in February of this year and moved through the state assembly with 59 “yes” votes and “15” no votes, before going to the Senate. The City and Muratsuchi’s office were then able to get SCAQMD to come to the table and help refine the bill to meet their guidance requirements and capabilities. SCAQMD officially supported the bill on August 31, 2023 and the bill moved very quickly after that, passing the state Senate with 31 “yes” votes and 9 “no” votes on September 6, 2023 – a mere seven months after it was first introduced.
“This bill is a positive step towards delivering more transparency for our entire South Bay community. Making fence-line air quality monitoring a permanent requirement for Hyperion provides our citizens, LACDPH, SCAQMD, and Hyperion with the information they need to ensure the plant is operating in compliance with its permits. This is what we have been asking for all along,” said Councilmember Ryan Baldino, who serves on the Hyperion Ad Hoc Committee.
One of SCAQMD’s requested amendments pushed the bill’s original effective back from January 1, 2025 to January 1, 2027, stating that was the most reasonable timeline to implement the fence-line monitors and public data sharing. In the meantime, the City continues to work closely with Hyperion to improve its operations.
“The passing of this bill represents a turning point in the City’s relationship with Hyperion,” said Councilmember Carol Pirsztuk, who also serves on the Hyperion Ad Hoc Committee. “In addition to holding Hyperion to safe operational standards, this bill establishes transparency with our residents. There is more work to be done, and the City will continue to advocate for accurate, clear, and proactive communication between Hyperion and our community, but we are headed in the right direction.”
“Through the 7-month process of getting this bill passed, we have created a much stronger relationship between the City, SCAQMD, our County Supervisor, our representatives in Sacramento, and Hyperion itself,” shared City Manager Darrell George. “The partnership with Hyperion has improved from what it was at this time last year. Hyperion is sharing bi-monthly progress reports, their outreach to the community has increased, and we have established a direct day-to-day point of contact between myself and the COO of Los Angeles Sanitation and Environment, who manages Hyperion. I’m optimistic that the progress we’ve made will continue to grow.”
The City’s current focus is to ensure that Hyperion meets the timeline of the current orders of abatement from SCAQMD, primarily replacing the plant’s tank covers for all Batteries by December 2023, and June 2024 for Battery D. The expectation is that the tank cover replacement along with the recent scrubber refurbishment at the plant will address the ongoing odor issues emanating from the plant. The City will continue its regular outreach to Hyperion, paying close attention to activities at the plant between now and 2027 when the bill goes into effect.
The Hyperion Water Reclamation Plant treats the wastewater of approximately 4 million people in the Los Angeles region, is managed by the Los Angeles City Sanitation Bureau, and borders the City of El Segundo, where more than 17,000 residents live directly east or southeast of the facility. For more information about this issue, go to www.elsegundo.org/hyperion.
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