BILL ANALYSIS                                                                                                                                                                                                    



                                                                SB 466
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2009-2010 Regular Session
                                           
           BILL NO:    SB 466
           AUTHOR:     Oropeza
           AMENDED:    As Introduced
           FISCAL:     No                HEARING DATE:     May 4, 2009
           URGENCY:    No                CONSULTANT:       Bruce Jennings
            
           SUBJECT  :    HAZARDOUS WASTE: TRANSPORTATION

            SUMMARY  :    
           
            Existing law  :

           1) Authorizes the Department of Toxic Substances Control  
              (DTSC) to regulate hazardous waste using both the federal  
              Resource Conservation and Recovery Act (RCRA) rules as well  
              as additional state requirements.  California-specific  
              requirements include rules for generators, transporters,  
              hazardous waste treatment storage and disposal facilities,  
              used oil handlers, and universal waste.

           2) Requires shipments of hazardous waste to be accompanied by  
              a hazardous waste manifest and be transported by a  
              hazardous waste hauler registered with DTSC.

           3) Exempts shipments of hazardous waste from the manifest and  
              registered hauler requirements if the waste is transported  
              from a "remote site" to a "consolidation site," both of  
              which are owned by the generator, the transport of the  
              waste is not federally regulated and the generator meets  
              specified requirements relating to personnel, training,  
              transport vehicles, liability, shipping papers, and  
              packaging.  An exempted shipment may not exceed 275 gallons  
              in volume or 2,500 pounds in weight, except that public  
              utilities, local publicly owned utilities and municipal  
              utility districts may transport up to 1,600 gallons of  
              hazardous wastewater pumped from utility vaults and up to  
              500 gallons of other liquid hazardous wastes.

           4) Authorizes up to 5,000 gallons of waste mineral oil  









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              (dielectric fluid) to be taken from electrical equipment  
              that utilities may transport from remote sites to a  
              consolidation site without meeting the hazardous waste  
              manifest/registered hauler requirements.  This  
              authorization does not apply to mineral oil that contains  
              levels of polychlorinated biphenyls (PCBs) that would cause  
              the mineral oil to be otherwise classified as a hazardous  
              waste.

            This bill  revises the condition for exempting manifest and  
           transporter requirements pertaining to hazardous waste to an  
           increased maximum weight of 10,000 pounds and increases the  
           maximum 1,600 gallon hazardous wastewater exception for  
           certain generators to a maximum of 5,000 gallons, as  
           specified.

            COMMENTS  :

            1) Purpose of Bill  .  SB 466 would change from 1,600 gallons to  
              5,000 gallons the amount that a utility tanker truck can  
              transport of hazardous waste water; it will also increase  
              from 2,500 pounds to 10,000 pounds the amount of hazardous  
              solid waste that a utility dump truck can transport.

            2) Background  .  In 2002, SB 1922 (Romero) allowed utilities to  
              transport up to 1,600 gallons of hazardous wastewater  
              pumped from electric vaults, or 2,500 pounds of hazardous  
              waste in a single shipment.

           Since 2002, according to the author, many utilities have  
              invested in larger capacity vacuum trucks and dump trucks.   
              Currently, utilities frequently need to make multiple trips  
              with only a partial load in their vehicles.  This results  
              in delays and other issues.

           An increase in the allowable volume of contaminated water, as  
              in the amount of solid hazardous waste would benefit the  
              public in the following ways:

              a)    Decrease in the amount of time in which streets near  
                 an electrical vault have to be closed while the vault is  
                 having the water removed.










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              b)    Decrease the number of trucks on the road which will  
                 reduce the greenhouse emissions produced by these  
                 vehicles.

              c)    Decrease in the amount of time it will take the  
                 utility to restore a service interruption caused by a  
                 flooded vault.

            3) Background: Classifying and Regulating Hazardous Wastes  .   
              California has broader and more specific definitions for  
              waste than do the federal requirements.  In addition to the  
              listed and characteristic wastes under the federal rules  
              and California's non-RCRA hazardous wastes, the state also  
              adds extremely hazardous wastes and special wastes.   
              California has not adopted all of the federal waste and  
              hazardous waste exclusions, which makes its waste  
              determination rules stricter than the federal.  Wastes can  
              be hazardous if they are either listed or if they are a  
              mixture of a listed hazardous waste and other wastes.

           Despite California's stricter regulation of hazardous waste,  
              there remain potentially significant gaps in regulation,  
              primarily due to the fact that so little is known about  
              toxicity of so many waste streams.  Moreover, since the  
              determination of toxicity is left to vague criteria (e.g.,  
              the hazardous waste "exhibits" a characteristic of  
              toxicity), the state is operating within a context of  
              considerable uncertainty.  While SB 466 does nothing to  
              alter the existing architecture to regulate hazardous  
              waste, the integrity of public health and environmental  
              protections afforded by these waste laws deserve further  
              scrutiny.

            SOURCE  :        California Municipal Utilities Association and  
                          Los Angeles Department of Water and Power  

           SUPPORT  :       California Council for Environmental and  
                          Economic Balance
           California Municipal Utilities Association  

           OPPOSITION  :    None on file