BILL NUMBER: AB 1966 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Patterson
FEBRUARY 19, 2014
An act to amend Section 25214.11 Sections
25141 and 25150 of the Health and Safety Code, relating to
hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1966, as amended, Patterson. Hazardous waste: toxics:
packaging. Hazardous waste: regulations.
Existing law requires the Department of Toxic Substances Control
to establish programs for and regulate hazardous waste source
reduction. Existing law requires the department to prepare, adopt,
and revise, when appropriate, a listing of the wastes that are
determined to be hazardous, and a listing of the wastes that are
determined to be extremely hazardous. Existing law requires the
department to develop, and adopt by regulation, criteria and
guidelines for the identification of hazardous wastes and extremely
hazardous wastes. Existing law also requires the department to adopt,
and revise when appropriate, standards and regulations for the
management of hazardous wastes to protect against hazards to the
public health, domestic livestock, wildlife, or the environment.
Regulations adopted by the department pursuant to these provisions
provide for a hazardous waste management system, which refers to the
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, as specified.
This bill would require the department to update, by June 1, 2015,
and periodically thereafter as appropriate, the above-described
regulations relating to the use of "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846, as
specified.
The Toxics in Packaging Prevention Act generally prohibits a
manufacturer or supplier from offering for sale or for promotional
purposes in this state a package or packaging component that includes
intentionally introduced lead, mercury, cadmium, or hexavalent
chromium in the package or in a packaging component. Existing law
makes a statement of legislative findings and declarations regarding
the act.
This bill would make a technical, nonsubstantive change to that
statement.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25141 of the Health
and Safety Code is amended to read:
25141. (a) The department shall develop and adopt by regulation
criteria and guidelines for the identification of hazardous wastes
and extremely hazardous wastes.
(b) The criteria and guidelines adopted by the department pursuant
to subdivision (a) shall identify waste or combinations of waste,
that may do either of the following, as hazardous waste because of
its quantity, concentration, or physical, chemical, or infectious
characteristics:
(1) Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating
reversible, illness.
(2) Pose a substantial present or potential hazard to human health
or the environment, due to factors including, but not limited to,
carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative
properties, or persistence in the environment, when improperly
treated, stored, transported, or disposed of, or otherwise managed.
(c) Except as provided in Section 25141.5, any regulations adopted
pursuant to this section for the identification of hazardous waste
as it read on January 1, 1995, which are in effect on January 1,
1995, shall be deemed to comply with the intent of this section as
amended by this act during the 1995 portion of the 1995-96 Regular
Session of the Legislature.
(d) The department shall update by June 1, 2015, and periodically
thereafter as appropriate, its regulations relating to the use of
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, in the criteria and guidelines developed
pursuant to subdivision (a) to reflect all updates to that
publication adopted before and after the enactment of the act that
added this subdivision.
SEC. 2. Section 25150 of the Health and
Safety Code is amended to read:
25150. (a) The department shall adopt, and revise when
appropriate, standards and regulations for the management of
hazardous wastes to protect against hazards to the public health, to
domestic livestock, to wildlife, or to the environment.
(b) The department and the local officers and agencies authorized
to enforce this chapter pursuant to subdivision (a) of Section 25180
shall apply the standards and regulations adopted pursuant to
subdivision (a) to the management of hazardous waste.
(c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of
authorization issued by the department in any manner that the
department determines to be appropriate, including, but not limited
to, requiring these facilities to apply for, and receive, a permit
modification prior to the application of the standards and
regulations.
(d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for the
management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental Protection
Agency pursuant to the federal act.
(e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.
(f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and Game Wildlife ,
the Department of Industrial Relations, the Division of
Industrial Occupational Safety and
Health , the State Air Resources Board, the State Water
Resources Control Board, the State Fire Marshal, regional water
quality control boards, the State Building Standards Commission, the
Office of Environmental Health Hazard Assessment, and the
California Integrated Waste Management Board
Department of Resources Recycling and Recovery .
(g) The department shall update by June 1, 2015, and periodically
thereafter as appropriate, its regulations relating to the use of
"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846, in the standards and regulations adopted and
revised pursuant to subdivision (a) to reflect all updates to that
publication adopted before and after the enactment of the act that
added this subdivision.
SECTION 1. Section 25214.11 of the Health and
Safety Code is amended to read:
25214.11. (a) The Legislature finds and declares all of the
following:
(1) The management of solid waste can pose a wide range of hazards
to public health and safety and to the environment.
(2) Packaging comprises a significant percentage of the overall
solid waste stream.
(3) The presence of heavy metals in packaging is a part of the
total concern regarding the disposal of hazardous constituents in the
solid waste stream, in light of the presence of heavy metals in
emissions or ash when packaging is incinerated, or in leachate when
packaging is disposed of in a solid waste landfill.
(4) Lead, mercury, cadmium, and hexavalent chromium, on the basis
of available scientific and medical evidence, are of particular
concern.
(5) It is desirable, as a first step in reducing the toxicity of
packaging waste and reducing the hazardous materials that may be
disposed of in solid waste landfills, to eliminate the addition of
these heavy metals to packaging.
(6) The intent of this article is to achieve this reduction in
toxicity without impeding or discouraging the expanded use of
recycled materials in the production of packaging and its components.
(b) This article shall be known, and may be cited, as the "Toxics
in Packaging Prevention Act."