BILL NUMBER: SB 546 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lowenthal
FEBRUARY 27, 2009
An act to add Section 25250.29 to the Health and Safety Code, and
to amend Sections 48623, 48624, 48662, and 48673 of, and to add
Section 48620.2 to, the Public Resources Code, relating to oil.
LEGISLATIVE COUNSEL'S DIGEST
SB 546, as introduced, Lowenthal. Used oil.
(1) The California Oil Recycling Enhancement Act requires the
California Integrated Waste Management Board to adopt a used oil
recycling program that promotes and develops alternatives to the
illegal disposal of used oil, and requires the program to include,
among other things, a reporting, monitoring, and enforcement program
to ensure that all laws relating to used oil are properly carried
out. The act defines terms for its purposes, including "used oil
hauler" and "used oil recycling facility." The act requires the board
to certify or recertify a used oil recycling facility for which the
board has received an inspection report, unless the board determines
that the facility is engaged in a repeating or recurring pattern of
noncompliance that poses a significant threat to public health and
safety or the environment. If the board denies certification, it is
authorized to subsequently certify a facility if it determines that
the facility meets the standards for certification. Existing law
requires a used oil recycling facility to report to the board for
each quarter the amount of used oil received and the amount of
recycled oil produced. A violation of the act is a crime.
This bill would revise the certification requirements to also
require the board to certify or recertify a used oil recycling
facility that is an out-of-state facility and for which the board has
received a report from the Department of Toxic Substances Control
that the out-of-state facility has demonstrated that the facility
substantially meets specified federal requirements related to the
management of used oil and recycles used lubricating oil to meet
specified purity standards for recycled oil. The bill would require
an out-of-state facility, as a condition of demonstrating that
compliance, to enter into an agreement with the department to pay the
department's full expenses for conducting related review and
inspection costs. The bill would require an out-of-state facility
that seeks certification to annually certify, in writing to the board
and under penalty of perjury, that the facility substantially meets
those specified federal requirements, thereby imposing a
state-mandated local program by creating a new crime. The bill would
revise the quarterly reporting requirement to require a used oil
recycling facility issued a specified permit to produce recycled oil
and an out-of-state used oil recycling facility that is certified by
the board to report to the board for each quarter the amount of used
oil received and the amount of recycled oil produced.
The bill would revise the definitions of "used oil hauler" and
"used oil recycling facility" to conform to those changes, and would
define "rerefined oil" for purposes of the act.
(2) Existing law generally regulates persons who generate,
receive, store, transfer, transport, treat, or recycle used oil. A
violation of those requirements is a crime.
This bill would generally require used oil to be tested an
analyzed by a laboratory accredited by the State Department of Public
Health, to ensure that it meets specified criteria, before a load of
used oil is shipped to a transfer facility, recycling facility, or
facility located out of the state. The bill would require the testing
and analysis to be accomplished by a registered hazardous waste
transporter before acceptance at a transfer or recycling facility or
shipment out of state, except as otherwise specified. The bill would
require the person performing the test to maintain records of the
test for at least 3 years and provide that the person is subject to
audit and verification by the Department of Toxic Substances Control.
The bill would require the registered hazardous waste transporter
who is listed as the transporter on the Uniform Hazardous Waste
Manifest used to ship used oil out of state to submit a report
annually to the department containing information regarding shipment
of used oil out of state. Because a violation of the used oil
requirements would be a crime, the bill would impose a state-mandate
local program.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25250.29 is added to the Health and Safety
Code, to read:
25250.29. (a) Except as provided in paragraph (2) of subdivision
(b) and subdivision (g), before a load of used oil is shipped to a
transfer facility, recycling facility, or facility located out of the
state, the used oil shall be tested and analyzed by a laboratory
accredited by the State Department of Public Health pursuant to
Article 3 (commencing with Section 100825) of Chapter 4 of Part 1 of
Division 101, to ensure that the used oil meets all of the following
characteristics:
(1) A flashpoint above 100 degrees Fahrenheit.
(2) A polychlorinated biphenyls (PCB) concentration of less than 5
ppm.
(3) A concentration of total halogens of 1000 ppm or less, unless
the presumption in subclause (I) of clause (v) of subparagraph (C) of
paragraph (1) of subdivision (a) of Section 25250.1 has been
rebutted pursuant to subclause (II) of clause (v) of subparagraph (C)
of paragraph (1) of subdivision (a) of Section 25250.1.
(b) The testing and analysis required pursuant to subdivision (a)
shall be accomplished by a registered hazardous waste transporter
prior to acceptance at a transfer facility or recycling facility, or
shipment out of the state, except the transporter is not required to
perform the testing and analysis if the transporter can do either of
the following:
(1) (A) Demonstrate that testing and analysis has been performed
by the generator of the used oil prior to shipment.
(B) Subparagraph (A) does not require the generator of the used
oil to perform the testing and analysis required by this section.
(2) Provide documentation that the testing will be performed by a
transfer facility or a recycling facility issued a permit by the
department pursuant to this chapter.
(c) (1) A transporter shall not require a used oil collection
center to test tanks or containers that contain only used lubricating
oil or oil filters accepted from the public as a condition of
accepting the oil for shipment.
(2) A transporter shall not require a generator to test used oil
as a condition of accepting that used oil for shipment.
(3) This subdivision does not alter a generator's responsibility
to comply with regulations adopted by the department that govern the
operation of a generator.
(d) This section does not affect or limit a testing requirement
that the department may impose on a used oil transfer facility or
used oil recycling facility as a condition of a permit issued by the
department, including, but not limited to, a test required pursuant
to a facility's waste analysis plan.
(e) The person performing a test required by subdivision (a) shall
maintain records of tests performed for used oil for at least three
years and is subject to audit and verification by the department.
(f) The registered hazardous waste transporter who is listed as
the transporter on the Uniform Hazardous Waste Manifest used to ship
used oil out of state shall submit a report, on or before March 1 of
each year, to the department, containing all of the following
information for the preceding year:
(1) Total volume of used oil shipped out of state.
(2) Date of each shipment of used oil out of state.
(3) Uniform Hazardous Waste Manifest tracking number used to ship
used oil out of the state.
(4) Volume of used oil shipped out of state listed on each
manifest.
(5) Information pertaining to the out-of-state facility to which
the used oil was shipped, including the facility name, facility
address, and facility EPA ID number.
(6) Signed certification that all used oil shipped out of the
state was analyzed and conformed to the requirements of subdivision
(a), including identification of the accredited laboratory utilized
to test and analyze the used oil shipment.
(7) Any other information that the department may require.
(g) (1) This section does not apply to a load for shipment that
consists exclusively of used lubricating oil accepted by a used oil
collection center from the public, including, but not limited to,
used lubricating oil accepted by a publicly funded certified or
uncertified used oil collection center located in a small rural
county.
(2) This section does not require a generator to test used oil for
dielectric oil derived from highly refined mineral oil used in oil
filled electrical equipment. Nothing in this section exempts that oil
from any testing requirement required by any other law.
(3) This section does not prohibit the transportation of used oil
to a facility located outside the state, or impose liability other
than compliance with the requirements of this section upon, or in
another way affect the liability of, a generator whose used oil is
transported to a facility located outside the state.
SEC. 2. Section 48620.2 is added to the Public Resources Code, to
read:
48620.2. "Rerefined oil" means a lubricant base stock or oil base
that has been derived from used oil and meets all the following
criteria:
(a) Processed using a series of mechanical or chemical methods, or
both, including, but not limited to, vacuum distillation, followed
by solvent refining or hydrotreating.
(b) Capable of meeting the Physical and Compositional Properties,
in addition to the Contaminants and Toxicological Properties, as
defined under the American Society for Testing and Materials (ASTM)
D6074-99 standard.
(c) Processed into a material that has a quality level suitable
for use in a finished lubricant.
SEC. 3. Section 48623 of the Public Resources Code is amended to
read:
48623. "Used oil hauler" means a hazardous waste hauler
transporter registered pursuant to Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code who transports used oil to a used oil recycling facility
certified pursuant to Article 7 (commencing with Section 48660), to a
used oil storage facility, or to a used oil transfer
facility , or to an out-of-state recycling facility
registered with the Environmental Protection Agency and operated in
substantial compliance with applicable regulatory standards of the
state in which the recycling facility is located .
SEC. 4. Section 48624 of the Public Resources Code is amended to
read:
48624. "Used oil recycling facility" means a facility
which is issued a hazardous waste facilities permit or grant of
interim status by the department pursuant to Section 25200 or 25200.5
of the Health and Safety Code to convert used oil into recycled oil
that produces recycled oil, as defined in Section
25250.1 of the Health and Safety Code, and is eligible for
certification pursuant to Section 48662 .
SEC. 5. Section 48662 of the Public Resources Code is amended to
read:
48662. (a) The board shall certify or
recertify any a used oil recycling
facility for which the board has received a report from the
department pursuant to Section 48661, unless the board determines
that the facility is engaged in a repeating or recurring pattern of
noncompliance that poses a significant threat to public health and
safety or the environment. If the board denies certification, the
board may subsequently certify a facility if it determines that the
facility meets the standards for certification. that
meets either of the following requirements:
(1) The used oil recycling facility is located in this state
and the board has received a report from the department pursuant to
Section 48661, unless the board determines that the facility is
engaged in a repeating or recurring pattern of noncompliance that
poses a significant threat to public health and safety or the
environment.
(2) The used oil recycling facility is an out-of-state
facility and the board receives a report from the department that the
out-of-state facility has demonstrated to the satisfaction of the
department that the facility substantially meets the requirements in
Part 279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations and recycles used lubricating oil to meet the
purity standards for recycled oil, as specified in subparagraph (B)
of paragraph (3) of subdivision (a) of Section 25250.1 of the Health
and Safety Code.
(b) If the board denies certification to a facility subject
to this section, the board may subsequently certify the facility if
it determines that the facility meets the standards for
certification.
(c) An out-of-state facility that seeks certification shall
annually certify, in writing to the board, under penalty of perjury,
that the facility substantially meets the requirements in Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations.
(d) Paragraphs (1) and (2) of subdivision (a) do not require
the department to inspect or prohibit the department from inspecting
an out-of-state facility to determine whether the department is
satisfied that the facility substantially meets the requirements in
Part 279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations and recycles used lubricating oil to meet the
purity standards for recycled oil, as specified in subparagraph (B)
of paragraph (3) of subdivision (a) of Section 25250.1 of the Health
and Safety Code for recycled oil.
(e) As a condition of demonstrating compliance pursuant to
subdivision (a), a facility shall enter into an agreement with the
department pursuant to Section 25201.9 of the Health and Safety Code
to pay the department's full expenses for conducting the review and
any inspection costs the department may incur in determining whether
the facility substantially meets the requirements in Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations and whether the facility recycles used oil to meet the
purity standards for recycled oil, as specified in subparagraph (B)
of paragraph (3) of subdivision (a) of Section 25250.1 of the Health
and Safety Code.
SEC. 6. Section 48673 of the Public Resources Code is amended to
read:
48673. Beginning July 1, 1992, every (a)
On and after January 1, 2010, a used oil
recycling facility issued a permit by the department to produce
recycled oil, as defined in Section 25250.1 of the Health and Safety
Code, and an out-of-state used oil recycling facility that is
certified by the board pursuant to Section 48662, shall report
to the board for each quarter the amount of used oil received and the
amount of recycled oil produced. The
(b) A facility subject to
this section shall provide estimates, where feasible, of the
amount which that is used lubricating
oil and the amount which that is used
industrial oil. The
(c) The reports required by
this section shall be submitted on or before the last day of
the month following each quarter, in the form and manner
which that the board may prescribe.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.