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This SoCal hazardous waste facility could get a new permit despite past violations

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This SoCal hazardous waste facility could get a new permit despite past violations

California regulators could soon grant a fresh permit for a hazardous waste treatment facility in Santa Fe Springs, even as they face off with the same company in court over alleged violations.

The upcoming decision has alarmed environmental and community groups, which argue the Department of Toxic Substances Control should turn down Phibro-Tech for a renewed permit after a history of violating state rules.

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The Santa Fe Springs site is near the unincorporated area of Los Nietos, a largely Latino neighborhood in Los Angeles County that ranks among the most pollution-burdened communities in the state. The hazardous waste treatment facility is roughly 550 feet from the nearest homes, according to the state agency.

The Phibro-Tech facility had dozens of violations over the previous decade, according to a state analysis of its regulatory record. Last year, DTSC took the company to court, alleging that state inspectors checking the site before the COVID-19 pandemic had found leaking containers and other violations.

Yet months before suing the company, staff at the same agency told worried neighbors that they had tentatively decided to renew the permit for the Santa Fe Springs facility. Serious violations had dwindled in recent years, Department of Toxic Substances Control representatives said, and the facility did not pose a significant threat to the neighborhood.

State officials said they would make a final decision after weighing public comments.

But as it stands, “we have decided that based on all the information available — including their compliance history and their recent record of improving compliance — that it is appropriate to approve the permit,” supervising hazardous substances engineer Phil Blum said at a July meeting.

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The Santa Fe Springs facility brings in hazardous waste and treats it to yield chemicals and metals like copper, which can then be used in electronics and other industries. Phibro-Tech said it “recycles waste that would otherwise need to be landfilled or injected into a deep well,” yielding copper without the harms of mining.

It has been operating on an expired permit since 1996 — longer than any other hazardous waste facility in California, according to a recent court filing by the company. Under California rules, such facilities can keep operating on an expired permit if they turned in an application on time for a new one.

The agency said that one reason the permitting process for Phibro-Tech had taken so many years was “to allow time for environmental sampling and technical assessments” that would inform its decision. In the meantime, DTSC said it had “continued to exercise its enforcement authority,” including by requiring cleanup of historic contamination.

A state review found that over a decade, the Santa Fe Springs facility had more than two dozen violations. Last year, the state rated its compliance history as the eighth worst among 74 hazardous waste facilities in the state, based on a scoring system that tracks violations.

Los Angeles County Supervisor Janice Hahn has publicly called for the facility to be shut down “until it can come into compliance with the law,” saying it poses too great a threat to the community.

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DTSC “has a mandate to protect the public,” said Jaime Sanchez, a nearby resident and member of the local group Neighbors Against Phibro Tech. “But rather than protect the public, they have protected this industry … at the expense of the health, safety and welfare of impacted communities.”

Phibro-Tech said that the state had rated its compliance as “conditionally acceptable,” with a score just over the cutoff for “acceptable.” It said its record had improved dramatically in recent years and that the objections raised by Hahn are “based on a misunderstanding of the plant and its current operations.”

DTSC officials told residents that the new permit would come with conditions to protect nearby communities, including maintaining gas detection sensors in critical areas.

“The big picture story here is that DTSC has reviewed the operations of the facility in great detail. We’ve required extensive changes to how the operations will be conducted under a new permit. And we believe that it demonstrates that the facility can be operated safely,” Blum said at a 2022 meeting.

A portion of residential Los Nietos, seen in the bottom of this image, is across a street and an empty lot from Phibro-Tech, which processes hazardous waste.

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(Myung J. Chun / Los Angeles Times)

Byron Chan, a senior attorney with the environmental law nonprofit Earthjustice, argued that the agency should not give a new permit to “a facility that has shown that it’s not interested in complying.” He said it seemed like fines had become the “cost of doing business” for Phibro-Tech, calling it “an ongoing pattern of unaccountability.”

“You’ll see a pattern of violating the law, paying a penalty, and then violating the law again,” he said.

Five years ago, the agency announced that the company had to pay $495,000 in penalties for violations including storing hazardous waste outside of allowed areas. Earthjustice has also cited past incidents at the Santa Fe Springs facility in which ammonia and hydrochloric acid had been released at the site and workers had been burned with acid.

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Phibro-Tech said in a statement that the chemical releases cited by the environmental group had not threatened the community and that it had adjusted operations to prevent them from recurring. “If a violation is found,” the company said, “we take immediate action to rectify it as quickly as possible.”

In its September lawsuit, DTSC alleged the company had broken the law by keeping hazardous waste in leaking containers, one of several violations found by inspectors visiting the facility in 2019.

It also faulted Phibro-Tech for failing to promptly dismantle a basin where hazardous waste had been processed in decades past. (The Center on Race, Poverty & the Environment, another group opposing a new permit for the facility, argued that failing to do that increases the risk of contaminants spreading.)

Phibro-Tech said many of the alleged violations had resulted from the agency shifting positions. The company said the decades-old permit no longer reflects how DTSC interprets when equipment is handling waste rather than “product,” and that the ambiguity had led to citations for “operating longstanding equipment.”

It also disputed state claims about leaking containers and the required timeline for closing the basin, which it said was now completed.

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All in all, it said, the allegations “are not relevant to today.” DTSC, in turn, said that Phibro-Tech had “returned to compliance” for the violations alleged in the suit.

Chan said the state department appeared to be relying on “a false standard … that if it was not complying with the law yesterday, but it’s in compliance today, then that’s OK.”

It’s “ignoring everything that’s happened in the past,” he said.

In a letter opposing a renewed permit, Earthjustice said the state agency had failed to do the proper level of environmental review for the decision. It also complained that the agency had not collected any information about pollution levels beyond the borders of the Phibro-Tech facility.

Neighbors have raised concerns about industrial contamination at the site, including with hexavalent chromium, the carcinogen perhaps best known as the target of famous activist Erin Brockovich.

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“We want to live in a safe environment. … We don’t want to be concerned about our health, safety and welfare [coming] at the expense of some company making profit,” resident Sanchez said.

Phibro-Tech said it had taken on responsibility for the contamination caused by a prior operator. DTSC officials said cleanup efforts by the company had brought hexavalent chromium in the soil at the site down to safe levels.

DTSC has not identified “significant health hazards from the operation of the facility,” Blum said last year.

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Very little plastic being recycled in California as state efforts falter

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Very little plastic being recycled in California as state efforts falter

California touts itself as a leader on the problem of plastic garbage, but recent developments suggest otherwise.

A new report issued by the state’s waste agency shows plastic yogurt containers, shampoo bottles and restaurant takeout trays are being recycled at rates only in the single digits.

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Polypropylene, labeled as #5 on packaging, is used for yogurt containers, margarine tubs and microwavable trays. Only 2% of it is getting recycled. Colored shampoo and detergent bottles, made from polyethylene, or #1 plastic, are getting recycled at a rate of just 5%.

Other plastics, including ones promoted as highly recyclable, such as clear polyethylene bottles, which hold some medications, or hard water bottles, are being recycled at just 16%.

No plastic in the report exceeds a recycling rate of 23%, with the majority reported in just the single digits.

Adding to this disquieting assessment, CalRecycle also just pulled back regulations that were supposed to finalize a landmark single-use plastic law known as Senate Bill 54 — a law designed to make the majority of packaging waste in the state recyclable or compostable by working with the plastic and packaging industries.

The report and delay have sparked a wide variety of reactions by those who have closely watched the law as it was written and implemented.

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The proposed regulations were regarded as friendly to industry. As a result, some are hopeful that CalRecycle’s decision to pull them back for tweaking means the agency will make the law stronger. Others say the two developments just show the state has never really been serious about plastic recycling.

“California’s SB 54 … will NEVER increase the recycling rates of these items … because cartons and plastic packaging are fundamentally not technically or economically recyclable,” said Jan Dell, the founder of Orange County-based Last Beach Cleanup, an anti-plastic organization.

Industry representatives are also expressing disappointment, saying the more delays and changes the state makes, the harder it is “for California businesses to comply with the law and implement the resulting changes,” said John Myers, a spokesman for the California Chamber of Commerce, which represents companies that will be affected.

Reports on abysmally low rates of recycling for milk cartons and polystyrene have been widely shared and known. But the newest numbers were still a grim confirmation that there are few options for dealing with these materials.

According to one state analysis, 2.9 million tons of single-use plastic and 171.4 billion single-use plastic components were sold, offered for sale or distributed in California in 2023.

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Single-use plastics and plastic waste more broadly are considered a growing environmental and health problem. In recent decades, plastic waste has overwhelmed waterways and oceans, sickening marine life and threatening human health.

Last spring, the Newsom administration was accused of neutering the regulations that CalRecycle had initially proposed to implement the law. The changes excluded all packaging material related to produce, meat, dairy products, dog food, toothpaste, condoms, shampoo and cereal boxes, among other products. These are all products that might fall under the purview of the U.S. Food and Drug Administration and the U.S. Department of Agriculture.

It also opened the door to “alternative” recycling, such as chemical recycling, which environmentalists say is polluting, and was banned in the language of the law.

The waste agency then submitted those draft regulations to the Office of Administrative Law, whose lawyers and staff review proposed regulations to ensure they are “clear, necessary, legally valid, and available to the public” before finalizing them. They were set to release their determination on Friday; CalRecycle pulled the regulations back before the office issued its determination.

Neither the law office nor governor’s office responded to requests for comment.

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Melanie Turner, CalRecycle’s spokeswoman, said the agency withdrew its proposed regulations “to make changes … to improve clarity and support successful implementation of the law,” and its revisions were focused on areas that dealt with “food and agricultural commodities.”

California State Sen. Ben Allen (D-Santa Monica), author of the original legislation, called the delay “entirely avoidable” in a statement, but said it would allow CalRecycle an “opportunity to ensure the regulations truly follow the law as it was signed.”

He urged the waste agency and Newsom’s administration not to “allow broad, sweeping exemptions that would undermine the program and increase costs for ratepayers.”

Critics of the watered-down regulations, such as Anja Brandon, the director of plastics policy for the Ocean Conservancy, said she wasn’t surprised by the withdrawal.

The proposed regulations “would have gone beyond CalRecycle’s authority by creating a sweeping categorical exclusion for food and agricultural packaging — effectively a loophole that would have allowed producers to continue putting vast amounts of plastic packaging into the marketplace, completely undermining SB 54’s goals and success,” she said in a text message.

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Turner said CalRecycle will conduct a 15-day comment period — although when that begins has not yet been divulged.

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Cancer survival rates soar nationwide, but L.A. doctors warn cultural and educational barriers leave some behind

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Cancer survival rates soar nationwide, but L.A. doctors warn cultural and educational barriers leave some behind

The American Cancer Society’s 2026 Cancer Statistics report, released Tuesday, marks a major milestone for U.S. cancer survival rates. For the first time, the annual report shows that 70% of Americans diagnosed with cancer can expect to live at least five years, compared with just 49% in the mid-1970s.

The new findings, based on data from national cancer records and death statistics from 2015 to 2021, also show promising progress in survival rates for people with the deadliest, most advanced and hardest-to-treat cancers when compared with rates from the mid-1990s. The five-year survival rate for myeloma, for example, nearly doubled (from 32% to 62%). The survival rate for liver cancer tripled (from 7% to 22%), for late-stage lung cancer nearly doubled (from 20% to 37%), and for both melanoma and rectal cancer more than doubled (from 16% to 35% and from 8% to 18%, respectively).

For all cancers, the five-year survival rate more than doubled since the mid-1990s, rising from 17% to 35%.

This also signals a 34% drop in cancer mortality since 1991, translating to an estimated 4.8 million fewer cancer deaths between 1991 and 2023. These significant public health advances result from years of public investment in research, early detection and prevention, and improved cancer treatment, according to the report.

“This stunning victory is largely the result of decades of cancer research that provided clinicians with the tools to treat the disease more effectively, turning many cancers from a death sentence into a chronic disease,” said Rebecca Siegel, senior scientific director at the American Cancer Society and lead author of the report.

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As more people survive cancer, there is also a growing focus on the quality of life after treatment. Patients, families and caregivers face physical, financial and emotional challenges. Dr. William Dahut, the American Cancer Society’s chief scientific officer, said that ongoing innovation must go hand in hand with better support services and policies, so all survivors — not just the privileged — can have “not only more days, but better days.”

Indeed, the report also shows that not everyone has benefited equally from the advances of the last few decades. American Indian and Alaska Native people now have the highest cancer death rates in the country, with deaths from kidney, liver, stomach and cervical cancers about double that of white Americans.

Additionally, Black women are more likely to die from breast and uterine cancers than non-Black women — and Black men have the highest cancer rates of any American demographic. The report connects these disparities in survival to long-standing issues such as income inequity and the effects of past discrimination, such as redlining, affecting where people live — forcing historically marginalized populations to be disproportionately exposed to environmental carcinogens.

Dr. René Javier Sotelo, a urologic oncologist at Keck Medicine of USC, notes that the fight against cancer in Southern California, amid long-standing disparities facing vulnerable communities, is very much about overcoming educational, cultural and socioeconomic barriers.

While access to care and insurance options in Los Angeles are relatively robust, many disparities persist because community members often lack crucial information about risk factors, screening and early warning signs. “We need to insist on the importance of education and screening,” Sotelo said. He emphasized that making resources, helplines and culturally tailored materials readily available to everyone is crucial.

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He cites penile cancer as a stark example: rates are higher among Latino men in L.A., not necessarily due to lack of access, but because of gaps in awareness and education around HPV vaccination and hygiene.

Despite these persisting inequities, the dramatic nationwide improvement in cancer survival is unquestionably good news, bringing renewed hope to many individuals and families. However, the report also gives a clear warning: Proposed federal cuts to cancer research and health insurance could stop or even undo these important gains.

“We can’t stop now,” warned Shane Jacobson, the American Cancer Society’s chief executive.

“We need to understand that we are not yet there,” Sotelo concurred. ”Cancer is still an issue.”

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Clashing with the state, L.A. City moves to adopt lenient wildfire ‘Zone Zero’ regulations

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Clashing with the state, L.A. City moves to adopt lenient wildfire ‘Zone Zero’ regulations

As the state continues multiyear marathon discussions on rules for what residents in wildfire hazard zones must do to make the first five feet from their houses — an area dubbed “Zone Zero” — ember-resistant, the Los Angeles City Council voted Tuesday to start creating its own version of the regulations that is more lenient than most proposals currently favored in Sacramento.

Critics of Zone Zero, who are worried about the financial burden and labor required to comply as well as the detrimental impacts to urban ecosystems, have been particularly vocal in Los Angeles. However, wildfire safety advocates worry the measures endorsed by L.A.’s City Council will do little to prevent homes from burning.

“My motion is to get advice from local experts, from the Fire Department, to actually put something in place that makes sense, that’s rooted in science,” said City Councilmember John Lee, who put forth the motion. “Sacramento, unfortunately, doesn’t consult with the largest city in the state — the largest area that deals with wildfires — and so, this is our way of sending a message.”

Tony Andersen — executive officer of the state’s Board of Forestry and Fire Protection, which is in charge of creating the regulations — has repeatedly stressed the board’s commitment to incorporating L.A.’s feedback. Over the last year, the board hosted a contentious public meeting in Pasadena, walking tours with L.A. residents and numerous virtual workshops and hearings.

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Some L.A. residents are championing a proposed fire-safety rule, referred to as “Zone Zero,” requiring the clearance of flammable material within the first five feet of homes. Others are skeptical of its value.

With the state long past its original Jan. 1, 2023, deadline to complete the regulations, several cities around the state have taken the matter into their own hands and adopted regulations ahead of the state, including Berkeley and San Diego.

“With the lack of guidance from the State Board of Forestry and Fire Protection, the City is left in a precarious position as it strives to protect residents, property, and the landscape that creates the City of Los Angeles,” the L.A. City Council motion states.

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However, unlike San Diego and Berkeley, whose regulations more or less match the strictest options the state Board of Forestry is considering, Los Angeles is pushing for a more lenient approach.

The statewide regulations, once adopted, are expected to override any local versions that are significantly more lenient.

The Zone Zero regulations apply only to rural areas where the California Department of Forestry and Fire Protection responds to fires and urban areas that Cal Fire has determined have “very high” fire hazard. In L.A., that includes significant portions of Silver Lake, Echo Park, Brentwood and Pacific Palisades.

Fire experts and L.A. residents are generally fine with many of the measures within the state’s Zone Zero draft regulations, such as the requirement that there be no wooden or combustible fences or outbuildings within the first five feet of a home. Then there are some measures already required under previous wildfire regulations — such as removing dead vegetation like twigs and leaves, from the ground, roof and gutters — that are not under debate.

However, other new measures introduced by the state have generated controversy, especially in Los Angeles. The disputes have mainly centered around what to do about trees and other living vegetation, like shrubs and grass.

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The state is considering two options for trees: One would require residents to trim branches within five feet of a house’s walls and roof; the other does not. Both require keeping trees well-maintained and at least 10 feet from chimneys.

On vegetation, the state is considering options for Zone Zero ranging from banning virtually all vegetation beyond small potted plants to just maintaining the regulations already on the books, which allow nearly all healthy vegetation.

Lee’s motion instructs the Los Angeles Fire Department to create regulations in line with the most lenient options that allow healthy vegetation and do not require the removal of tree limbs within five feet of a house. It is unclear whether LAFD will complete the process before the Board of Forestry considers finalized statewide regulations, which it expects to do midyear.

The motion follows a pointed report from LAFD and the city’s Community Forest Advisory Committee that argued the Board of Forestry’s draft regulations stepped beyond the intentions of the 2020 law creating Zone Zero, would undermine the city’s biodiversity goals and could result in the loss of up to 18% of the urban tree canopy in some neighborhoods.

The board has not decided which approach it will adopt statewide, but fire safety advocates worry that the lenient options championed by L.A. do little to protect vulnerable homes from wildfire.

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Recent studies into fire mechanics have generally found that the intense heat from wildfire can quickly dry out these plants, making them susceptible to ignition from embers, flames and radiant heat. And anything next to a house that can burn risks taking the house with it.

Another recent study that looked at five major wildfires in California from the last decade, not including the 2025 Eaton and Palisades fires, found that 20% of homes with significant vegetation in Zone Zero survived, compared to 37% of homes that had cleared the vegetation.

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