California Legislature—2013–14 Regular Session

Assembly Bill No. 2748

Introduced by Committee on Environmental Safety and Toxic Materials (Assembly Members Alejo (Chair), Bloom, Stone, and Ting)

March 6, 2014

An act to amend Sections 25217.2, 25507, and 25513 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 2748, as introduced, Committee on Environmental Safety and Toxic Materials. Hazardous waste: business plans.

(1) Existing law generally prohibits any person from disposing of latex paint, unless authorized, but allows recyclable latex paint to be accepted at any location if certain requirements are met, including that the owners or operators of the location have a business plan that meets specified requirements.

This bill would repeal the requirement that the owner or operator of the location have such a business plan in order to accept recyclable latex paint.

(2) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, including a statewide information management system, for purposes of receiving data collected by unified program agencies. A city or local agency that meets specified requirements is authorized to apply to the secretary to implement the unified program and be certified as a certified unified program agency (CUPA), and every county is required to apply to the secretary to be certified to implement the unified program. Existing law also requires each CUPA to institute a single-fee system, with a surcharge on each person regulated by the unified program to cover the necessary and reasonable costs of the state agencies in carrying out their responsibilities in the unified hazardous waste and hazardous materials management regulatory program.

Existing law requires the CUPA to implement and enforce provisions that require a business that handles a hazardous material to establish and implement a business plan. Existing law requires a business that handles 5,000 pounds of solids or 550 gallons of liquids that are classified as a hazard solely as an irritant or sensitizer to establish and implement a business plan for emergency response to a release, or threatened release, of the hazardous material, as specified, unless the CUPA finds, and notifies the business, that the handling of lesser quantities of that hazardous material requires the submission of a business plan or any portion of a business plan. Existing law requires the business plan to be electronically submitted to the statewide information management system and requires the local agency to review and determine whether the business plan satisfies certain requirements. A person who knowingly violates this provision is guilty of a misdemeanor.

This bill would repeal the requirement that a business submit a business plan or any portion of the business plan if the CUPA finds that the handling of lesser quantities requires the submission of the business plan. This bill would also require a business that handles 10,000 pounds of solids or 1,000 gallons of liquids that are hazardous materials to establish and implement a business plan if the solid or liquid is a paint that will be recycled or managed under a stewardship program, as specified. By requiring additional businesses to submit business plans subject to review by a local agency, this bill would increase the duties of local officials and impose a state-mandated local program. By changing the scope of a crime, this bill would impose a state-mandated local program. The bill would authorize the CUPA to charge a one-time fee, not to exceed $100, to a business that handles less than the above-described amounts of paint that is recycled or otherwise managed under a stewardship program. The bill would provide that these fees shall not exceed the CUPA’s costs of carrying out its responsibilities relating to these businesses.

(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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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 25217.2 of the Health and Safety Code
is amended to read:

25217.2.  

(a) Recyclable latex paint may be accepted at any
location including, but not limited to, a permanent household
hazardous waste collection facility in accordance with subdivision
(b), if all of the following conditions are met:

(1) The location manages the recyclable latex paint in
accordance with all applicable latex paint product management
procedures specified by federal, state, or local law or regulation
that include, at a minimum, that the recyclable latex paint is stored
and handled in a manner that minimizes the chance of exposing
the handler and the environment to potentially hazardous
constituents that may be in, or have been incidentally added to,
the recyclable latex paint.

(2) The recyclable latex paint is still in liquid form and is in its
original packaging or is in a closed container that is clearly labeled.

(3) Any latex paint that is accepted as recyclable by the location
and that is later discovered to be nonrecyclable shall be deemed
to be a waste generated at the location where begin delete this end delete begin insert the end insert discovery is
made and begin delete this end delete begin insert the end insert latex paint shall be managed as a waste in
accordance with this chapter.

begin delete

(4) The owner or operator of the location has a business plan
that meets the requirements of Section 25504, if required by the
administrating agency, including, but not limited to, emergency
response plans and procedures, as described in subdivision (b) of
Section 25504. The plans and procedures shall specifically address
recyclable latex paint or meet the department’s emergency response
and contingency requirements which are applicable to generators
of hazardous waste.

(5)

end delete

begin insert (4) end insert  If the recyclable latex paint is not excluded or exempted
from regulation under Chapter I (commencing with Section 1.1)
of Title 40 of the Code of Federal Regulations, the location meets
all applicable federal requirements.

begin delete

(6)

end delete

begin insert (5) end insert  The recyclable latex paint is stored for no longer than 180
days.

(b) (1) For purposes of this subdivision the following definitions
shall apply:

(A) “CESQG” means a conditionally exempt small quantity
generator, as specified in subdivision (a) of Section 25218.1.

(B) “Permanent household hazardous waste collection facility”
has the same meaning as defined in subdivision (h) of Section
25218.1.

(2) A permanent household hazardous waste collection facility
that is authorized to accept hazardous waste from a CESQG
pursuant to Section 25218.3 may accept recyclable latex paint
from any generator in accordance with this article if the permanent
household hazardous waste collection facility does all of the
following:

(A) Complies with subdivision (a).

(B) Sends the recyclable latex paint, for recycling, to a latex
paint recycling facility operating pursuant to this article.

(C) Maintains a monthly log of the volume of latex paint
collected from each generator and submits that information
annually with the report submitted pursuant to Section 25218.9
for household hazardous waste collected from household hazardous
waste generators.

(3) A permanent household hazardous waste collection facility
that takes the actions specified in paragraph (2) is not subject to
subdivision (b) of Section 25218.3.

(4) A permanent household waste collection facility may take
the action specified in paragraph (2) notwithstanding any permit
condition imposed upon the facility, a regulation adopted by the
department to ensure a household hazardous waste collection
facility does not accept hazardous waste from a commercial
generator other than a CESQG, or the status of the generator.

SEC. 2.  

Section 25507 of the Health and Safety Code is
amended to read:

25507.  

(a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response
to a release or threatened release of a hazardous material in
accordance with the standards prescribed in the regulations adopted
pursuant to Section 25503 if the business meets any of the
following conditions:

(1) The business handles a hazardous material or a mixture
containing a hazardous material that has a quantity at any one time
during the reporting year that is equal to, or greater than, 55 gallons
for materials that are liquids, 500 pounds for solids, or 200 cubic
feet for compressed gas. The physical state and quantity present
of mixtures shall be determined by the physical state of the mixture
as whole, not individual components, at standard temperature and
pressure.

(2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.

(3) The business handles at any one time during the reporting
year an amount of a hazardous material that is equal to, or greater
than the threshold planning quantity, under both of the following
conditions:

(A) The hazardous material is an extremely hazardous substance,
as defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.

(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing
with Section 355.1) of Subchapter J of Chapter I of Title 40 of the
Code of Federal Regulations is less than 500 pounds.

(4) (A) The business handles at any one time during the
reporting year a total weight of 5,000 pounds for solids or a total
volume of 550 gallons for liquids, if the hazardous material is a
solid or liquid substance that is classified as a hazard for purposes
of Section 5194 of Title 8 of the California Code of Regulations
solely as an irritant or begin delete sensitizer, unless the unified program agency
finds, and provides notice to the business handling the product,
that the handling of lesser quantities of that hazardous material
requires the submission of a business plan, or any portion of a
business plan, in response to public health, safety, or environmental
concerns end delete begin insert sensitizer end insert .

(B) The begin delete unified program agency shall make the findings required
by subparagraph (A) in consultation with the local fire chief end delete
begin insert business handles at any one time during the reporting year a total
weight of 10,000 pounds for solids or a total volume of 1,000
gallons for liquids if the hazardous material is a solid or liquid
substance that is a paint that will be recycled or otherwise
managed under a stewardship program approved by the
department end insert .

(5) (A) The business handles at any one time during the
reporting year a total of 1,000 cubic feet, if the hazardous material
is a compressed gas and is classified as a hazard for the purposes
of Section 5194 of Title 8 of the California Code of Regulations
solely as a compressed gas, unless the unified program agency
finds, and provides notice to the business handling the product,
that the handling of lesser quantities of that hazardous material
requires the submission of a business plan, or any portion thereof,
in response to public health, safety, or environmental concerns.

(B) The unified program agency shall make the findings required
by subparagraph (A) in consultation with the local fire chief.

(C) The hazardous materials subject to subparagraph (A) include
a gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.

(D) The hazardous materials subject to subparagraph (A) do
not include gases in a cryogenic state.

(6) The business handles a radioactive material at any one time
during the reporting year that is handled in quantities for which
an emergency plan is required to be adopted pursuant to Part 30
(commencing with Section 30.1), Part 40 (commencing with
Section 40.1), or Part 70 (commencing with Section 70.1), of
Chapter 1 of Title 10 of the Code of Federal Regulations, or
pursuant to any regulations adopted by the state in accordance with
those regulations.

(7) The business handles perchlorate material, as defined in
subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).

(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained
by a physician, dentist, podiatrist, veterinarian, or pharmacist, at
his or her office or place of business, stored at each office or place
of business in quantities of not more than 1,000 cubic feet of each
material at any one time, are exempt from this section and from
Section 25506. The unified program agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.

(c) (1) Lubricating oil is exempt from this section and Sections
25506 and 25508, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.

(2) For purposes of this paragraph, “lubricating oil” means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. “Lubricating oil” does not include used oil, as defined in
subdivision (a) of Section 25250.1.

(d) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25506
and 25508 if the aggregate capacity is less than 1,320 gallons.

(e) Hazardous material contained solely in a consumer product
for direct distribution to, and use by, the general public is exempt
from the business plan requirements of this article unless the
unified program agency has found, and has provided notice to the
business handling the product, that the handling of certain
quantities of the product requires the submission of a business
plan, or any portion thereof, in response to public health, safety,
or environmental concerns.

(f) In addition to the authority specified in subdivision (h), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous substance specified in subdivision (o) of Section 25501
from Section 25506, if it is found that the hazardous substance
would not pose a present or potential danger to the environment
or to human health and safety if the hazardous substance was
released into the environment. The unified program agency shall
send a notice to the office and the secretary within 15 days from
the effective date of any exemption granted pursuant to this
subdivision.

(g) The unified program agency, upon application by a handler,
may exempt the handler, under conditions that the unified program
agency determines to be proper, from any portion of the
requirements to establish and maintain a business plan, upon a
written finding that the exemption would not pose a significant
present or potential hazard to human health or safety or to the
environment, or affect the ability of the unified program agency
and emergency rescue personnel to effectively respond to the
release of a hazardous material, and that there are unusual
circumstances justifying the exemption. The unified program
agency shall specify in writing the basis for any exemption under
this subdivision.

(h) The unified program agency, upon application by a handler,
may exempt a hazardous material from the inventory provisions
of this article upon proof that the material does not pose a
significant present or potential hazard to human health and safety
or to the environment if released into the workplace or
environment. The unified program agency shall specify in writing
the basis for any exemption under this subdivision.

(i) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant
to subdivisions (g) and (h).

SEC. 3.  

Section 25513 of the Health and Safety Code is
amended to read:

25513.  

begin insert (a) end insert begin insert   end insert Each administering county or city may, upon a
majority vote of the governing body, adopt a schedule of fees to
be collected from each business required to submit a business plan
pursuant to this article that is within its jurisdiction. The governing
body may provide for the waiver of fees when a business, as
defined in paragraph (3), (4), or (5) of subdivision (c) of Section
25501, submits a business plan. The fee shall be set in an amount
sufficient to pay only those costs incurred by the unified program
agency in carrying out this article. In determining the fee schedule,
the unified program agency shall consider the volume and degree
of hazard potential of the hazardous materials handled by the
businesses subject to this article.

begin insert

(b) A unified program agency may charge a one-time fee, not
to exceed one hundred dollars ($100), to a business described in
subparagraph (B) of paragraph (4) of subdivision (a) of Section
25507. The fees collected pursuant to this subdivision shall not
exceed the administrative costs of the unified program agency in
carrying out its responsibilities relating to these businesses.

end insert

SEC. 4.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, 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.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.