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 SB 466 Page 2 (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. SB 466 Page 3 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