BILL NUMBER: AB 1112 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Blakeslee
FEBRUARY 27, 2009
An act to amend Section 25143 of add
Section 25144.1 to the Health and Safety Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1112, as amended, Blakeslee. Hazardous waste: management.
Existing law authorizes the Department of Toxic Substances Control
to grant a variance from the requirements regulating the management
of hazardous waste, if the department makes specified findings.
Existing law also requires the department to classify as nonhazardous
waste any fly ash, bottom ash, and flue gas emission control
residues generated from a biomass combustion process, as specified.
This bill would require the department, to the extent it does not
violate federal law, to classify as nonhazardous waste petroleum
contact water and petroleum tank bottoms and sludge, as defined.
This bill would make technical, nonsubstantive changes to that
law.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25144.1 is added to the
Health and Safety Code , to read:
25144.1. (a) Notwithstanding any other provision of law and to
the extent that it does not violate federal law, the department shall
classify petroleum contact water and petroleum tank bottoms and
sludge as nonhazardous waste.
(b) For purposes of this section, the following definitions apply:
(1) "Petroleum contact water" means water containing a petroleum
product, including, but not limited to any of the following:
(A) Condensate from underground and aboveground petroleum tanks.
(B) Water bottoms or drawdown water removed from a petroleum
storage tank system.
(C) Petroleum tank filler sump and dispenser sump water.
(D) Recovered product or water in contact with product, which does
not contain hazardous constituents other than petroleum, from first
response actions to petroleum spills or from petroleum contamination
site cleanups.
(E) Aboveground petroleum tank seal leakage water.
(F) Pumpable liquids from petroleum tank cleaning operations.
(2) "Petroleum tank bottoms and sludge" means petroleum product,
water, and solids contained in the bottom of a storage tank of state
certified fuel, including the petroleum residue that remains at the
bottom of the tank after all liquids have been removed.
SECTION 1. Section 25143 of the Health and
Safety Code is amended to read:
25143. (a) The department may grant a variance from one or more
of the requirements of this chapter, or the regulations adopted
pursuant to this chapter, for the management of a hazardous waste if
all of the following conditions apply:
(1) One of the following conditions applies:
(A) The hazardous waste is solely a non-RCRA hazardous waste or
the hazardous waste or its management is exempt from, or is not
otherwise regulated pursuant to, the federal act.
(B) The requirement from which a variance is being granted is not
a requirement of the federal act, or the regulations adopted to
implement the federal act.
(C) The department has issued, or is simultaneously issuing, a
variance from the federal act for the hazardous waste management
pursuant to subdivision (c).
(2) The department makes one of the following findings:
(A) The hazardous waste, the amount of the hazardous waste, or the
hazardous waste management activity or management unit is
insignificant or unimportant as a potential hazard to human health
and safety or to the environment, when managed in accordance with the
conditions, limitations, and other requirements specified in the
variance.
(B) The requirements, from which a variance is being granted, are
insignificant or unimportant in preventing or minimizing a potential
hazard to human health and safety or the environment.
(C) The handling, processing, or disposal of the hazardous waste,
or the hazardous waste management activity, is regulated by another
governmental agency in a manner that ensures it will not pose a
substantial present or potential hazard to human health and safety,
and the environment.
(D) A requirement imposed by another public agency provides
protection of human health and safety or the environment equivalent
to the protection provided by the requirement from which the variance
is being granted.
(3) The variance is granted in accordance with this section.
(b) (1) The department may grant a variance upon receipt of a
variance application for a site or sites owned or operated by an
individual or business concern. The individual or business concern
submitting the application for a variance shall submit to the
department sufficient information to enable the department to
determine if all of the conditions required by subdivision (a) are
satisfied for all situations within the scope of the requested
variance.
(2) The department may also grant a variance, on its own
initiative, to one or more individuals or business concerns. If the
variance is granted to more than one individual or business concern,
the department, in granting the variance pursuant to this paragraph,
shall comply with all of the following requirements:
(A) The department shall make all of the following findings, in
addition to the findings required pursuant to paragraph (2) of
subdivision (a):
(i) That the variance is necessary to address a temporary
situation, or that the variance is needed to address an ongoing
situation pending the adoption of regulations by the department.
(ii) That the variance will not create a substantive competitive
disadvantage for a member or members of a specific class of
facilities. This finding shall be based upon information available to
the department at the time that the variance is granted.
(iii) That there are no reasonably foreseeable site-specific
physical or operating conditions that could potentially impact the
finding made by the department pursuant to paragraph (2) of
subdivision (a). This finding shall be supported by substantial
evidence in the record as a whole, and shall be based upon both of
the following:
(I) The types of hazardous waste streams, the estimated amounts of
hazardous waste, and the locations that are affected by the
variance. The estimate of the amounts of hazardous waste that are
affected by the variance shall be based upon information reasonably
available to the department.
(II) Due inquiry, with respect to the hazardous waste streams and
management activities affected by the variance, regarding the
potential for mismanagement, enforcement and site remediation
experience, and proximity to sensitive receptors.
(B) The variance shall not be granted for a period of more than
one year. A variance granted pursuant to this paragraph may be
renewed for one additional one-year period, if the department makes a
finding that the variance has not resulted in harm to human health
or safety or to the environment and that there has been substantial
compliance with the conditions contained in the variance.
(C) The department shall issue a public notice at least 30 days
prior to granting the variance to allow an opportunity for public
comment. The public notice shall be issued in the California
Regulatory Notice Register, to the department's regulatory mailing
list, and to all potentially affected hazardous waste facilities and
generators known to the department. The department shall, upon
request, hold a public meeting prior to granting the variance. In
granting the variance and in making the findings required by
paragraph (2) of subdivision (a) and subparagraph (A), the department
shall consider all public comments received.
(D) The department shall not grant a variance pursuant to this
paragraph from the definition of, or classification as, a hazardous
waste, or from requirements pertaining to the investigation or
remediation of releases of hazardous waste or constituents.
(E) The authority of the department to grant or renew variances
pursuant to this paragraph shall remain in effect only until January
1, 2002, unless a later enacted statute, which is enacted before
January 1, 2002, deletes or extends that date. This subparagraph
shall not be construed to invalidate any variance granted pursuant to
this paragraph prior to the expiration of the department's
authority.
(c) (1) In addition to the variance authorized pursuant to
subdivisions (a) and (b), the department, after making one of the
findings specified in paragraph (2) of subdivision (a), may also
grant a variance from the requirements of the federal act in
accordance with Sections 260.30, 260.31, 260.32, and 260.33 of Title
40 of the Code of Federal Regulations, or successor federal
regulations, regarding the issuance of variances from classification
of a material as a solid waste or variances classifying enclosed
devices using controlled flame combustion as boilers.
(2) This subdivision shall take effect on the date that the
department obtains authorization from the Environmental Protection
Agency to implement those provisions of the federal act that are
identified in paragraph (1).
(d) Each variance issued pursuant to this section shall be issued
on a form prescribed by the department and shall, as applicable,
include, but not be limited to, all of the following:
(1) Information identifying the individuals or business concerns
to which the variance applies. This identification shall be by name,
location of the site or sites, type of hazardous waste generated or
managed, or type of hazardous waste management activity, as
applicable.
(2) As applicable, a description of the physical characteristics
and chemical composition of the hazardous waste or the specifications
of the hazardous waste management activity or unit to which the
variance applies.
(3) The time period during which the variance is effective.
(4) A specification of the requirements of this chapter or the
regulations adopted pursuant to this chapter from which the variance
is granted.
(5) A specification of the conditions, limitations, or other
requirements to which the variance is subject.
(e) (1) Variances issued pursuant to this section are subject to
review at the discretion of the department and may be revoked or
modified at any time.
(2) The department shall revoke or modify a variance if the
department finds any of the following:
(A) The conditions required by this section are no longer
satisfied.
(B) The holder of the variance is in violation of one or more of
the conditions, limitations, or other requirements of the variance,
and, as a result of the violation, the conditions required by this
section are no longer satisfied.
(C) If the variance was granted because of the finding specified
in subparagraph (C) or (D) of paragraph (2) of subdivision (a), the
holder of the variance is in violation of one or more of the
regulatory requirements of another governmental agency to which the
holder is subject and the violation invalidates that finding.
(f) Within 30 days from the date of granting a variance, the
department shall issue a public notice on the California Regulatory
Notice Register.