California Legislature—2013–14 Regular Session

Assembly Bill No. 686

Introduced by Assembly Member Quirk

February 21, 2013

An act to amend Section 25143.2 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 686, as introduced, Quirk. Hazardous waste: recyclable materials.

Under existing law, recyclable materials are subject to the requirements of the Hazardous Waste Control Law, except as specified.

This bill would make technical, nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25143.2 of the Health and Safety Code
is amended to read:

25143.2.  

(a) Recyclable materials are subject to this chapter
and the regulations adopted by the department to implement this
chapter that apply to hazardous wastes, unless the department
issues a variance pursuant to Section 25143, or except as provided
otherwise in subdivision (b), (c), or (d) or in the regulations adopted
by the department pursuant to Sections 25150 and 25151.

(b) Except as otherwise provided in subdivisions (e), (f), and
(g), recyclable material that is managed in accordance with Section
25143.9 and is or will be recycled by begin delete any end delete begin insert one or more end insert of the
following methods shall be excluded from classification as a waste:

(1) Used or reused as an ingredient in an industrial process to
make a product if the material is not being reclaimed.

(2) Used or reused as a safe and effective substitute for
commercial products if the material is not being reclaimed.

(3) Returned to the original process from which the material
was generated, without first being reclaimed, if the material is
returned as a substitute for raw material feedstock, and the process
uses raw materials as principal feedstocks.

(c) Except as otherwise provided in subdivision (e), begin delete any end delete
recyclable material may be recycled at a facility that is not
authorized by the department pursuant to the applicable hazardous
waste facilities permit requirements of Article 9 (commencing
with Section 25200) if either of the following requirements is met:

(1) The material is a petroleum refinery waste containing oil
that is converted into petroleum coke at the same facility begin delete at which end delete
begin insert where end insert the waste was generated unless the resulting coke product
would be identified as a hazardous waste under this chapter.

(2) The material meets all of the following conditions:

(A) The material is recycled and used at the same facility begin delete at
which end delete begin insert where end insert the material was generated.

(B) The material is recycled within the applicable generator
accumulation time limits specified in Section 25123.3 and the
regulations adopted by the department pursuant to paragraph (1)
of subdivision (b) of Section 25123.3.

(C) The material is managed in accordance with all applicable
requirements for generators of hazardous wastes under this chapter
and regulations adopted by the department.

(d) Except as otherwise provided in subdivisions (e), (f), (g),
and (h), recyclable material that meets the definition of a
non-RCRA hazardous waste in Section 25117.9, is managed in
accordance with Section 25143.9, and meets or will meet begin delete any end delete begin insert one
or more end insert of the following requirements is excluded from
classification as a waste:

(1) The material can be shown to be recycled and used at the
site where the material was generated.

(2) The material qualifies as one or more of the following:

(A) The material is a product that has been processed from a
hazardous waste, or has been handled, at a facility authorized by
the department pursuant to the facility permit requirements of
Article 9 (commencing with Section 25200) to process or handle
the material, if the product meets both of the following conditions:

(i) The product does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140
and 25141.

(ii) The product is used, or distributed or sold for use, in a
manner for which the product is commonly used.

(B) The material is a petroleum refinery waste containing oil
that is converted into petroleum coke at the same facility begin delete at which end delete
begin insert where end insert the waste was generated, unless the resulting coke product
would be identified as a hazardous waste under this chapter.

(C) The material is oily waste, used oil, or spent nonhalogenated
solvent that is managed by the owner or operator of a refinery that
is processing primarily crude oil and is not subject to permit
requirements for the recycling of used oil, begin delete of end delete begin insert or by end insert a public utility,
or begin delete of end delete begin insert by end insert a corporate subsidiary, corporate parent, or subsidiary of
the same corporate parent of the refinery or public utility, and
meets all of the following requirements:

(i) The material is either burned in an industrial boiler, an
industrial furnace, an incinerator, or a utility boiler that is in
compliance with all applicable federal and state laws, or is
recombined with normal process streams to produce a fuel or other
refined petroleum product.

(ii) The material is managed at the site where it was generated;
managed at another site owned or operated by the generator, a
corporate subsidiary of the generator, a subsidiary of the same
entity of which the generator is a subsidiary, or the corporate parent
of the generator; or, if the material is generated in the course of
oil or gas exploration or production, managed by an unrelated
refinery receiving the waste through a common pipeline.

(iii) The material does not contain constituents, other than those
for which the material is being recycled, that render the material
hazardous under regulations adopted pursuant to Sections 25140
and 25141, unless the material is an oil-bearing material or
recovered oil that is managed in accordance with subdivisions begin delete (a) end delete
begin insert (b) end insert and (c) of Section 25144 or unless the material is used oil
removed from equipment, vehicles, or engines used primarily at
the refinery where it is to be used to produce fuels or other refined
petroleum products and the used oil is managed in accordance with
Section 279.22 of Title 40 of the Code of Federal Regulations prior
to insertion into the refining process.

(D) The material is a fuel that is transferred to, and processed
into, a fuel or other refined petroleum product at a petroleum
refinery, as defined in paragraph (4) of subdivision (a) of Section
25144, and meets one of the following requirements:

(i) The fuel has been removed from a fuel tank and is
contaminated with water or nonhazardous debris, of not more than
2 percent by weight, including, but not limited to, rust or sand.

(ii) The fuel has been unintentionally mixed with an unused
petroleum product.

(3) The material is transported between locations operated by
the same person who generated the material, if the material is
recycled at the last location operated by that person and all of the
conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of
paragraph (4) are met. If requested by the department or by any
official authorized to enforce this section pursuant to subdivision
(a) of Section 25180, a person handling material subject to this
paragraph, within 15 days from the date of receipt of the request,
shall supply documentation to show that the requirements of this
paragraph have been satisfied.

(4) (A) The material is transferred between locations operated
by the same person who generated the material, if the material is
to be recycled at an authorized offsite hazardous waste facility and
if all of the following conditions are met:

(i) The material is transferred by employees of that person in
vehicles under the control of that person or by a registered
hazardous waste hauler under contract to that person.

(ii) The material is not handled at begin delete any end delete begin insert an end insert interim location.

(iii) The material is not held at begin delete any end delete begin insert a end insert publicly accessible interim
location for more than four hours unless required by other
provisions of law.

(iv) The material is managed in compliance with this chapter
and the regulations adopted pursuant to this chapter prior to the
initial transportation of the material and after the receipt of the
material at the last location operated by that person. Upon receipt
of the material at the last location operated by that person, the
material shall be deemed to have been generated at that location.

(v) All of the following information is maintained in an
operating log at the last location operated by that person and kept
for at least three years after receipt of the material at that location:

(I) The name and address of each generator location contributing
material to each shipment received.

(II) The quantity and type of material contributed by each
generator to each shipment of material.

(III) The destination and intended disposition of all material
shipped offsite or received.

(IV) The date of each shipment received or sent offsite.

(vi) If requested by the department, or by any law enforcement
official, a person handling material subject to this paragraph, within
15 days from the date of receipt of the request, shall supply
documentation to show that the requirements of this paragraph
have been satisfied.

(B) For purposes of paragraph (3) and subparagraph (A) of this
paragraph, “person” also includes corporate subsidiary, corporate
parent, or subsidiary of the same corporate parent.

(C) Persons that are a corporate subsidiary, corporate parent,
or subsidiary of the same corporate parent, and that manage
recyclable materials under paragraph (3) or subparagraph (A) of
this paragraph, are jointly and severally liable for any activities
excluded from regulation pursuant to this section.

(5) The material is used or reused as an ingredient in an
industrial process to make a product if the material meets all of
the following requirements:

(A) The material is not a wastewater that meets all of the
following criteria:

(i) The wastewater is a non-RCRA hazardous waste.

(ii) The wastewater contains more than 75 parts per million of
total petroleum hydrocarbons, as determined by use of United
States Environmental Protection Agency Method 1664, Revision
A for Silica Gel Treated N-Hexane Extractable Material.

(iii) The wastewater has been transported offsite to a facility,
that is not a publicly owned treatment works, a facility owned by
the generator, or a corporate subsidiary, corporate parent, or a
subsidiary of the same corporate parent of the generator.

(B)  begin delete Any discharges to end delete begin insert Discharges into the end insert air from the treatment
of the material by the procedures specified in subparagraph (C)
do not contain constituents that are hazardous wastes pursuant to
the regulations of the department and are in compliance with
applicable air pollution control laws.

(C) The material is not being treated except by one or more of
the following procedures:

(i) Filtering.

(ii) Screening.

(iii) Sorting.

(iv) Sieving.

(v) Grinding.

(vi) Physical or gravity separation without the addition of
external heat or any chemicals.

(vii) pH adjustment.

(viii) Viscosity adjustment.

(6) The material is used or reused as a safe and effective
substitute for commercial products, if the material meets all of the
following requirements:

(A) The material is not a wastewater that meets all of the
following criteria:

(i) The wastewater is a non-RCRA hazardous waste.

(ii) The wastewater contains more than 75 parts per million of
total petroleum hydrocarbons, as determined by use of United
States Environmental Protection Agency Method 1664, Revision
A for Silica Gel Treated N-Hexane Extractable Material.

(iii) The wastewater has been transported offsite to a facility
that is not a publicly owned treatment works, or a facility owned
by the generator, or a corporate subsidiary, corporate parent, or a
subsidiary of the same corporate parent of the generator.

(B) Any discharges to air from the treatment of the material by
the procedures specified in subparagraph (C) do not contain
constituents that are hazardous wastes pursuant to the regulations
of the department and the discharges are in compliance with
applicable air pollution control laws.

(C) The material is not being treated, except by one or more of
the following procedures:

(i) Filtering.

(ii) Screening.

(iii) Sorting.

(iv) Sieving.

(v) Grinding.

(vi) Physical or gravity separation without the addition of
external heat or any chemicals.

(vii) pH adjustment.

(viii) Viscosity adjustment.

(7) The material is a chlorofluorocarbon or
hydrochlorofluorocarbon compound or a combination of
chlorofluorocarbon or hydrochlorofluorocarbon compounds, is
being reused or recycled, and is used in heat transfer equipment,
including, but not limited to, mobile air-conditioning systems,
mobile refrigeration, and commercial and industrial
air-conditioning and refrigeration systems, used in fire
extinguishing products, or contained within foam products.

(e) Notwithstanding subdivisions (b), (c), and (d), all of the
following recyclable materials are hazardous wastes and begin insert are end insert subject
to full regulation under this chapter, even if the recycling involves
use, reuse, or return to the original process as described in
subdivision (b), and even if the recycling involves activities or
materials described in subdivisions (c) and (d):

(1) Materials that are a RCRA hazardous waste, as defined in
Section 25120.2, begin insert are end insert used in a manner constituting disposal, or
begin insert are end insert used to produce products that are applied to the land, including,
but not limited to, materials used to produce a fertilizer, soil
amendment, agricultural mineral, or an auxiliary soil and plant
substance.

(2) Materials that are a non-RCRA hazardous waste, as defined
in Section 25117.9, and begin insert are end insert used in a manner constituting disposal
or used to produce products that are applied to the land as a
fertilizer, soil amendment, agricultural mineral, or an auxiliary
soil and plant substance. The department may adopt regulations
to exclude materials from regulation pursuant to this paragraph.

(3) Materials burned for energy recovery, used to produce a
fuel, or contained in fuels, except materials exempted under
paragraph (1) of subdivision (c) or excluded under subparagraph
(B), (C), or (D) of paragraph (2) of subdivision (d).

(4) Materials accumulated speculatively.

(5) Materials determined to be inherently wastelike pursuant to
regulations adopted by the department.

(6) Used or spent etchants, stripping solutions, and plating
solutions that are transported to an offsite facility operated by a
person other than the generator and either of the following applies:

(A) The etchants or solutions are no longer fit for their originally
purchased or manufactured purpose.

(B) If the etchants or solutions are reused, the generator and the
user cannot document that they are used for their originally
purchased or manufactured purpose without prior treatment.

(7) Used oil, as defined in begin insert paragraph (1) of end insert subdivision (a) of
Section 25250.1, unless one of the following applies:

(A) The used oil is begin insert managed in accordance with the applicable
requirements of Part 279 (commencing with 279.1) of Title 40 of
the Code of Federal Regulations and is end insert excluded under
begin delete subparagraph end delete begin insert any of the following: end insert

begin insert (i) end insert begin insert   end insert begin insert Subparagraph end insert (B) or (C) of paragraph (2) of subdivision
begin delete (d), paragraph end delete begin insert (d). end insert

begin insert (ii) end insert begin insert   end insert begin insert Paragraph end insert (4) of subdivision begin delete (d), subdivision end delete begin insert (d). end insert

begin insert (iii) end insert begin insert   end insert begin insert Subdivision end insert (b) of Section begin delete 25250.1, or Section 25250.3,
and is managed in accordance with the applicable requirements of
Part 279 (commencing with Section 279.1) of Title 40 of the Code
of Federal Regulations. end delete begin insert 25250. end insert begin insert 1. end insert

begin insert

(iv) Section 25250.3.

end insert

(B) The used oil is used or reused on the site where it was
generated or is excluded under paragraph (3) of subdivision (d),
is managed in accordance with the applicable requirements of Part
279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations, and is not any of the following:

(i) Used in a manner constituting disposal or used to produce a
product that is applied to land.

(ii) Burned for energy recovery or used to produce a fuel unless
the used oil is excluded under subparagraph (B) or (C) of paragraph
(2) of subdivision (d).

(iii) Accumulated speculatively.

(iv) Determined to be inherently wastelike pursuant to
regulations adopted by the department.

(f) (1)  begin delete Any end delete begin insert A end insert person who manages a recyclable material under
a claim that the material qualifies for exclusion or exemption
pursuant to this section shall provide, upon request, to the
department, the California Environmental Protection Agency, or
begin delete any end delete local agency or official authorized to bring an action as
provided in Section 25180, all of the following information:

(A) The name, street and mailing address, and telephone number
of the owner or operator of begin delete any end delete begin insert the end insert facility that manages the
material.

(B)  begin delete Any other information end delete begin insert Information end insert related to the
management by that person of the material requested by the
department, the California Environmental Protection Agency, or
the authorized local agency or official.

(2)  begin delete Any end delete begin insert A end insert person claiming an exclusion or an exemption
pursuant to this section shall maintain adequate records to
demonstrate to the satisfaction of the requesting agency or official
that there is a known market or disposition for the material, and
that the requirements of begin delete any end delete begin insert an end insert exemption or exclusion begin insert claimed end insert
pursuant to this section are met.

(3) For purposes of determining that the conditions for exclusion
from classification as a waste pursuant to this section are met, begin delete any end delete
begin insert a end insert person, facility, site, or vehicle engaged in the management of
a material under a claim that the material is excluded from
classification as a waste pursuant to this section is subject to
Section 25185.

(g) For purposes of Chapter 6.8 (commencing with Section
25300), recyclable materials excluded from classification as a
waste pursuant to this section are not excluded from the definition
of hazardous substances in subdivision (g) of Section 25316.

(h) Used oil that fails to qualify for exclusion pursuant to
subdivision (d) solely because the used oil is a RCRA hazardous
waste may be managed pursuant to subdivision (d) if the used oil
is also managed in accordance with the applicable requirements
of Part 279 (commencing with Section 279.1) of Title 40 of the
Code of Federal Regulations.