Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 686

Introduced by Assembly Member Quirk

February 21, 2013

An act to amend Section begin delete 25143.2 end delete begin insert 25201.17 end insert of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 686, as amended, Quirk. Hazardous waste: begin delete recyclable materials. end delete begin insert pharmaceutical cogeneration activities. end insert

begin insert

(1) Existing law requires hazardous waste facilities, including, but not limited to, treatment facilities, to operate under hazardous waste facilities permits or other grants of authorization issued by the Department of Toxic Substances Control. Existing law exempts pharmaceutical neutralization activities from certain requirements of the hazardous waste control laws and certain regulations adopted pursuant to that law if specified conditions are met with regard to the pharmaceutical manufacturing or process development activities, including the management of air emissions and wastes generated as a result of those activities. A violation of the hazardous waste control laws is a crime.

end insert begin insert

This bill would exempt from the hazardous waste control law, and all of the regulations adopted pursuant to that law, pharmaceutical cogeneration activities and the cogeneration fuel components, as defined, if specified conditions are met with regard to certain federal regulations and other requirements for facility construction and if the owner or operator of the facility engaged in that activity complies with certain requirements concerning emergency-related training, providing notifications, development of a fuel analysis plan, and maintenance of records. The bill would require the air emissions and wastes generated as a result of those activities to be managed, as specified. Since a violation of the requirements imposed by the bill upon the owner or operator of a facility engaged in pharmaceutical cogeneration activities would be a crime, the bill would impose a state-mandated local program by creating new crimes.

end insert begin insert

(2) 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.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

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

end delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION end insert begin insert 1. end insert   

end insert

begin insert Section 25201.17 of the end insert begin insert Health and Safety Code end insert
begin insert is amended to read: end insert

25201.17.  

(a) For purposes of this section, the following terms
have the following meanings:

begin insert

(1) (A) “Cogeneration fuel component” means a material
generated by pharmaceutical manufacturing or pharmaceutical
process development activities that meets all of the following
conditions:

end insert begin insert

(i) The material would otherwise be defined as waste or
hazardous waste pursuant to this chapter.

end insert begin insert

(ii) The materials meet all the physical, viscosity, and constituent
specifications for comparable fuel or syngas fuel under paragraph
(1) or (2) of subsection (a) of Section 261.38 of Title 40 of the
Code of Federal Regulations.

end insert begin insert

(iii) The material meets all other criteria in Section 261.38 of
Title 40 of the Code of Federal Regulations that exclude
comparable and syngas fuels from being classified as a solid waste
for purposes of Subpart A (commencing with Section 261.1) of
Part 261 of Subchapter 1 of Chapter 1 of Title 40 of the Code of
Federal Regulations.

end insert begin insert

(B) “Cogeneration fuel component” does not include a material
that would otherwise be considered hazardous waste because of
the presence of dioxins or furans.

end insert begin insert

(2) “Pharmaceutical cogeneration activities” means a
pharmaceutical manufacturing facility’s onsite utilization of
specified manufacturing byproducts to generate steam and
electricity to support the facility’s pharmaceutical manufacturing
process.

end insert begin delete

(1)

end delete

begin insert (3) end insert  “Pharmaceutical manufacturing or pharmaceutical process
development activities” means activities conducted in North
American Industry Classification System Code subgroups 325411
and 325412, to the extent they meet either of the following:

(A) Research, development, and production activities conducted
in relation to an investigational new drug application or new drug
application as set forth in Part 312 (commencing with Section
312.1) of, and Part 314 (commencing with Section 314.1) of,
Subchapter D of Chapter 1 of Title 21 of the Code of Federal
Regulations, that is filed with the United States Food and Drug
Administration, or research and development activities conducted
to support the future filing of an investigational new drug
application or new drug application, or research, development,
and production activities that are conducted in relation to a filing
with a corresponding governmental authority in the European
Union, Japan, or Canada that imposes similar requirements.

(B) The production of a pharmaceutical product, including
starting materials, intermediates, and active pharmaceutical
intermediates.

begin delete

(2)

end delete

begin insert (4) end insert  “Pharmaceutical neutralization activities” means the
deactivation of a material generated by, or used in, pharmaceutical
manufacturing or pharmaceutical process development activities
through the addition of a reagent, including, but not limited to, a
caustic, before management of the material as a hazardous waste
subject to this chapter.

begin insert

(5) “Syngas fuel” means synthethesis gas fuel, as specified in
paragraph (2) of Subsection (a) of Section 261.38 of Title 40 of
the Code of Federal Regulations.

end insert

(b) Pharmaceutical neutralization activities are exempt from
any requirement imposed pursuant to this chapter, including any
regulation adopted pursuant to this chapter, that relates to
generators, tanks, and tank systems, and the requirement to obtain
a hazardous waste facilities permit or other grant of authorization
from the department, except as otherwise provided in subdivision
(c), if all of the following conditions are met:

(1) A permit is not required to conduct neutralization under the
federal act pursuant to Section 264.1(g)(5) of Title 40 of the Code
of Federal Regulations.

(2) The pharmaceutical manufacturing or pharmaceutical process
development activities are conducted in accordance with the United
States Food and Drug Administration’s current good manufacturing
practices, as set forth in Part 210 (commencing with Section 210.1)
of, and Part 211 (commencing with Section 211.1) of, Subchapter
C of Chapter 1 of Title 21 of the Code of Federal Regulations.

(3) The pharmaceutical neutralization activity occurs within a
unit that meets the standards of a totally enclosed treatment facility,
as defined in Section 260.10 of Title 40 of the Code of Federal
Regulations and Section 66260.10 of Title 22 of the California
Code of Regulations, that is physically connected to the reactor or
vessel where the material being neutralized is created.

(4) The pharmaceutical neutralization activity is integral to the
manufacturing process and occurs within the manufacturing process
area and prior to the transfer of the material to a dedicated
hazardous waste storage or treatment unit.

(5) If the pharmaceutical neutralization activity occurs at greater
than 15 pounds per square inch gauge pressure, it shall occur within
a unit that meets applicable American Society of Mechanical
Engineers (ASME) standards for pressure rated vessels, including
the ASME requirements for automatic pressure relief in the event
of a system failure, including pressure relief valves, burst discs,
or equivalent devices.

(6) The pharmaceutical neutralization activities do not raise the
temperature of the hazardous wastes to within 10 degrees Celsius
of the boiling point or cause the release of hazardous gaseous
emissions, using either constituent-specific concentration limits
or calculations.

(7) The temperature of any unit 100 gallons or larger is
automatically monitored, the unit is fitted with a high-temperature
alarm system, and, for closed systems, the adding and mixing of
in-process and neutralizing solutions are manually controlled.

(8) The pharmaceutical neutralization activity occurs within a
facility that has design or engineering features, including, but not
limited to, trenches, sumps, berming, sloping, or diking, designed
to contain all liquid spills from pharmaceutical manufacturing
process and neutralization units.

(c) An owner or operator of a pharmaceutical neutralization unit
exempt under this section shall comply with all of the following
requirements:

(1) The owner or operator shall successfully complete a program
of classroom instruction or on-the-job training that includes, at a
minimum, instruction for responding effectively to emergencies
by familiarizing personnel with emergency procedures, emergency
equipment, and emergency systems, including, where applicable,
procedures for using, inspecting, repairing, and replacing facility
emergency and monitoring equipment, communications, or alarm
systems.

(2) Within 10 days of commencing initial operation of the unit,
or within any other time period that may be required by the CUPA,
the owner or operator shall notify the CUPA of the commencement
of the operation of the unit under the exemption made pursuant to
this section. A CUPA is authorized to, and is required to,
implement the requirements specified in this section. If the owner
or operator is not under the jurisdiction of a CUPA, the notice shall
be sent to the officer of the agency authorized, pursuant to
subdivision (e) of Section 25404.3, to implement and enforce the
requirements of this chapter listed in paragraph (2) of subdivision
(c) of Section 25404.

(3) The owner or operator shall establish and maintain
documentation to substantiate its compliance with all of the
requirements and conditions of this section, and shall make the
documentation available for inspection upon request of the
department or the CUPA.

begin insert

(d) Pharmaceutical cogeneration activities and the cogeneration
fuel components are exempt from the requirements imposed
pursuant to this chapter and the regulations adopted pursuant to
this chapter, including, but not limited to, the requirements imposed
on generators, tanks, and tank systems, and the requirement to
obtain a hazardous waste treatment permit or other grant of
authorization from the department, except as otherwise provided
in subsection (b) of Section 261.38 of Title 40 of the Code of
Federal Regulations, if all of the following conditions are met:

end insert begin insert

(1) The pharmaceutical cogeneration activities meet the
comparable fuel specifications or syngas fuel specification in
Section 261.38 of Title 40 of the Code of Federal Regulations and
are conducted in accordance with all conditions specified in that
section.

end insert begin insert

(2) The pharmaceutical manufacturing or pharmaceutical
process development activities are conducted in accordance with
the United States Food and Drug Administration’s current good
manufacturing practices, as set forth in Part 210 (commencing
with Section 210.1) of, and Part 211 (commencing with Section
211.1) of, Subchapter C of Chapter 1 of Title 21 of the Code of
Federal Regulations.

end insert begin insert

(3) The pharmaceutical cogeneration activity occurs within a
facility that has design or engineering features, including, but not
limited to, trenches, sumps, berming, sloping, or diking that are
designed to contain all liquid spills from pharmaceutical
manufacturing process and cogeneration units.

end insert begin insert

(e) (1) An owner or operator of a facility engaged in
pharmaceutical cogeneration activities exempt pursuant to this
section shall comply with all of the following requirements,
consistent with the requirements specified in Section 261.38 of
Title 40 of the Code of Federal Regulations:

end insert begin insert

(A) The owner or operator of a facility engaged in
pharmaceutical cogeneration activities shall successfully complete
a program of classroom instruction or on-the-job training that
includes, at a minimum, instruction for responding effectively to
emergencies by familiarizing personnel with emergency
procedures, emergency equipment, and emergency systems,
including, if applicable, procedures for using, inspecting, repairing,
and replacing facility emergency and monitoring equipment,
communications, or alarm systems.

end insert begin insert

(B) The owner or operator of a facility engaged in
pharmaceutical cogeneration activities submits a one-time notice,
except as otherwise required by state law or Section 261.38 of
Title 40 of the Code of Federal Regulations, to the CUPA in whose
jurisdiction the exclusion is being claimed and where the excluded
fuel will be used, certifying compliance with the conditions of the
exclusion.

end insert begin insert

(C) The owner or operator of a facility engaged in
pharmaceutical cogeneration activities publishes in a major
newspaper of general circulation local to the site where the
activities take place, prior to the commencement of those activities,
a notice entitled “Notification of Burning a Fuel Excluded Under
the Resource Conservation and Recovery Act” and containing a
brief, general description of the process generating the
cogeneration fuel components.

end insert begin insert

(D) The owner or operator of a facility engaged in
pharmaceutical cogeneration activities develops and follows a
written fuel analysis plan that describes the procedures for
sampling and analysis of the cogeneration fuel component, in
accordance with the requirements of paragraph (4) of subsection
(b) of Section 261.38 of Title 40 of the Code of Federal
Regulations.

end insert begin insert

(E) The owner or operator of a facility engaged in
pharmaceutical cogeneration activities maintains all records
required by this chapter for a period of three years.

end insert begin insert

(2) The requirements of paragraph (1) do not modify any of the
requirements specified in Section 261.38 of Title 40 of the Code
of Federal Regulations with regard to qualifying for the exclusion
from being classified as a solid waste pursuant to that regulation.

end insert begin delete

(d)

end delete

begin insert (f) end insert  Notwithstanding any other provision of law, all air emissions
from a pharmaceutical neutralization unit begin insert or generated as a result
of any pharmaceutical cogeneration activity end insert shall be managed in
accordance with the requirements of the local air pollution control
district or air quality management district.

begin delete

(e)

end delete

begin insert (g) end insert  All wastes generated as a result of pharmaceutical
neutralization activities begin insert or pharmaceutical cogeneration activities end insert
shall be managed as hazardous wastes in accordance with all
applicable requirements of this chapter.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

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 one or more 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), 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 where
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 where
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 one or
more 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 where
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, or by a public utility,
or by 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 (b)
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 an interim location.

(iii) The material is not held at a 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) Discharges into the 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 are 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, are used in a manner constituting disposal, or are
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 are 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 paragraph (1) of subdivision (a) of
Section 25250.1, unless one of the following applies:

(A) The used oil is 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 excluded under any of the
following:

(i) Subparagraph (B) or (C) of paragraph (2) of subdivision (d).

(ii) Paragraph (4) of subdivision (d).

(iii) Subdivision (b) of Section 25250.1.

(iv) Section 25250.3.

(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) A 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
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 the facility that manages the material.

(B) Information 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) A 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 an exemption or exclusion claimed 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, a
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.

end delete