Amended in Assembly August 22, 2014

Amended in Assembly August 4, 2014

Amended in Assembly June 24, 2014

Amended in Assembly June 10, 2014

Amended in Senate May 27, 2014

Amended in Senate April 22, 2014

Senate Bill No. 1249

Introduced by Senator Hill

February 20, 2014

An act to add Sections begin delete 25150.9, 25150.9.1, and 25150.9.2 end delete begin insert 25150.82, 25150.84, and 25150.86 end insert to begin insert , and to repeal Section 25143.6 of, end insert the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 1249, as amended, Hill. Hazardous waste: shredder waste.

(1) The California Integrated Waste Management Act of 1989 requires materials that require special handling, as defined, to be removed from major appliances and vehicles in which they are contained before crushing for transport or transferring to a baler or shredder for recycling.

The hazardous waste control laws prohibit a person who is not a certified appliance recycler from removing materials that require special handling from major appliances and imposes specified requirements regarding transporting, delivering, or selling discarded major appliances to a scrap recycling facility. The Department of Toxic Substances Control is authorized to grant a variance from the requirements of the hazardous waste control laws, under specified conditions and if the department makes one of specified findings. A violation of the hazardous waste control laws is a crime.

This bill would authorize, until January 1, begin delete 2017 end delete begin insert 2018 end insert , the Department of Toxic Substances Control, in consultation with the Department of Resources Recycling and Recovery, the State Water Resources Control Board, and affected local air quality management districts, to adopt regulations establishing alternative management standards for metal shredding facilities for hazardous waste management activities within the jurisdiction of the Department of Toxic Substances Control, that would apply in lieu of the hazardous waste management standards if the department performs specified actions. The bill would include among those department actions preparing a preliminary analysis and a final analysis evaluating the hazardous waste management activities to which the alternative management standards would apply. The bill would require the department to provide notice that it proposes to adopt alternative management standards. The bill would prohibit the department from adopting alternative management standards that are less stringent than applicable standards under federal law.

The bill would require the disposal of treated metal shredder waste to be regulated pursuant to the hazardous waste control laws, unless the department adopts those alterative management begin delete standards end delete begin insert standards, end insert and would authorize treated metal shredder waste to be used begin insert at a specified type of disposal unit end insert as alternative daily cover or for beneficial reuse or placed in begin delete a end delete begin insert that end insert specified begin insert type of end insert disposal unit, if the alterative management standards result in the treated metal shredder waste being classified as nonhazardous waste. The bill would require the department to complete the analysis of the hazardous waste management activities and the subsequent regulatory action before January 1, begin delete 2017 end delete begin insert 2018 end insert , and would make all hazardous waste begin delete determinations end delete begin insert classifications end insert and policies, procedures, or guidance issued by the department before January 1, 2014, relating to metal shredder waste or treated metal shredder waste inoperative begin delete once end delete begin insert on January 1, 2018, if end insert the department has completed that analysis and either rescinds the conditional nonhazardous waste classification of that waste or adopts alternative management standards pursuant to this bill. Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program.

The bill would authorize the department to collect an annual fee from metal shredding facilities begin insert and would require the department to establish and adopt regulations necessary to administer the fee and to establish a fee schedule end insert at a rate sufficient to cover the costs of the department to implement these provisions. begin insert The bill would establish a separate subaccount in the Hazardous Waste Control Account, and would require that the fees be deposited into the subaccount, to be available upon appropriation by the Legislature. The bill would exempt a metal shredder facility which pays this annual fee from certain hazardous waste control law fees as those fees pertain to metal shredding activities and the generation, handling, management, transportation, and disposal of metal shredder waste. end insert

begin insert

(2) Existing law provides that, in general, regulations shall be adopted pursuant to the Administrative Procedures Act. Existing law requires emergency regulations be approved by the Office of Administrative Law and prohibits an emergency regulation from being in effect more than 180 days unless certain procedures are followed.

end insert begin insert

The bill would authorize a regulation adopted pursuant to the above-described fee provisions to be adopted as an emergency regulation, as specified. The bill would require that such an emergency regulation be filed with, but not be repealed by, the Office of Administrative Law, and would require that the regulation remain in effect for 2 years or until revised by the department, whichever occurs sooner.

end insert begin insert

(3) Existing law, on or before February 15, 1988, required specified regional water quality control boards to prepare a list of specified types of landfills that are authorized to accept and dispose of shredder waste.

end insert begin insert

This bill would repeal this provision.

end insert begin delete

(2)

end delete

begin insert (4) end insert  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.  

The Legislature finds and declares all of the
following:

(a) Before 1984, all metal shredder waste was considered not
to be hazardous waste and was disposed of or used as alternative
daily cover in municipal solid waste landfills.

(b) In 1984, due to the adoption of new state hazardous waste
regulations, metal shredder waste was classified as a non-RCRA
hazardous waste, or California hazardous waste, due to the presence
of lead, cadmium, copper, and zinc at levels above the state’s
regulatory thresholds, as well as polychlorinated biphenyls in
concentrations that, on some occasions, exceeded either the federal
or the California regulatory thresholds, or both.

(c) Between 1986 and 1992, the Toxic Substances Control
Division of the begin insert former end insert State Department of Health Services, which
was the predecessor to the Department of Toxic Substances Control
(DTSC), issued conditional nonhazardous waste classifications
pursuant to subdivision (f) of Section 66260.200 of Title 22 of the
California Code of Regulations, also referred to as “f letters,” to
seven shredder facilities in California that treated their metal
shredder waste to stabilize the metals in the waste and reduce their
solubility. Once a facility operator received a nonhazardous waste
classification, treated metal shredder waste was no longer regulated
as a hazardous waste.

(d) In early 2001, DTSC began an initiative to evaluate the
adequacy of the metal shredder waste policy and compliance with
the conditional nonhazardous waste classifications, which included
new sampling and analysis. The draft report from that initiative
recommended rescinding the conditional nonhazardous waste
classifications.

(e) In 2008, DTSC sent letters to operators of metal shredder
facilities expressing the department’s intention to repeal the
conditional authorization that allows metal shredder waste to be
classified as a nonhazardous waste. However, DTSC did not
rescind the conditional waste classifications.

(f) It is the intent of the Legislature that the conditional
nonhazardous waste classifications, as documented through the
historical “f letters,” be revoked and that metal shredding facilities
be thoroughly evaluated and regulated to ensure adequate
protection of the human health and the environment.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25143.6 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

25143.6.  

On or before February 15, 1988, the following
California regional water quality control boards shall prepare a
list of class III landfills, as specified in Section 2533 of Title 23
of the California Administrative Code, including at least one
landfill in each specified water quality control region which is
authorized to accept and dispose of shredder waste in accordance
with State Water Resources Control Board Resolution No. 87-22:
San Francisco Bay Region, Central Valley Region, Los Angeles
Region, Santa Ana Region, and San Diego Region.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section begin delete 25150.9 end delete begin insert 25150.82 end insert is added to the Health and
Safety Code, to read:

begin delete 25150.9. end delete
begin insert 25150.82. end insert   

(a) The Legislature finds and declares that this
section is intended to address the unique circumstances associated
with the operation of metal shredding facilities, and the generation
and management of wastes generated by metal shredding facilities.
The Legislature further declares that this section does not set a
precedent applicable to the management, including disposal, of
other hazardous wastes.

(b) For purposes of this section, “metal shredding facility” means
an operation that uses a shredding technique to process end-of-life
vehicles, appliances, and other forms of scrap metal to facilitate
the separation and sorting of ferrous metals, nonferrous metals,
and other recyclable materials from nonrecyclable materials that
are components of the end-of-life vehicles, appliances, and other
forms of scrap metal. “Metal shredding facility” does not include
a feeder yard, a metal crusher, or a metal baler, if that facility does
not otherwise conduct metal shredding operations.

(c) The department, in consultation with the Department of
Resources Recycling and Recovery, the State Water Resources
Control Board, and affected local air quality management districts,
may adopt regulations establishing management standards for
metal shredding facilities for hazardous waste management
activities within the department’s jurisdiction as an alternative to
the requirements specified in this chapter and the regulations
adopted pursuant to this chapter, if the department does all of the
following:

(1) Prepares an analysis of the activities to which the alternative
management standards will apply pursuant to subdivision (d). The
department shall first prepare the analysis as a preliminary analysis
and make it available to the public at the same time that the
department gives notice, pursuant to Section 11346.4 of the
Government Code, that it proposes to adopt the alternative
management standards. The department shall include in the notice
a statement that the department has prepared a preliminary analysis
and a statement concerning where a copy of the preliminary
analysis can be obtained. The information in the preliminary
analysis shall be updated and the department shall make the
analysis available to the public as a final analysis not less than 10
working days before the date that the regulation is adopted.

(2) Demonstrates at least one of the conclusions set forth in
paragraphs (1) to (4), inclusive, of subdivision (e).

(3) Imposes, as may be necessary, conditions and limitations
as part of the alternative management standards that ensure that
the hazardous waste management activity to which the alternative
management standards will apply will not pose a significant
potential hazard to human health or safety or to the environment.

(d) Before the department gives notice of a proposal to adopt
the alternative management standards pursuant to subdivision (c),
and before the department adopts the regulation, the department
shall begin delete evaluate end delete begin insert do all of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Evaluate end insert the operative environmental and public health
regulatory oversight of metal shredding facilities, identifying
activities that need to be addressed by the alternative management
standards, or other advisable regulatory or statutory begin delete changes, and
shall evaluate end delete begin insert changes. end insert

begin insert (2) end insert begin insert   end insert begin insert Evaluate end insert the hazardous waste management begin delete activities and
prepare, end delete begin insert activities. end insert

begin insert (3) end insert begin insert   end insert begin insert Prepare, end insert as required by paragraph (1) of subdivision (c), an
analysis that addresses all of the following aspects of the activity,
to the extent that the alternative management standards can affect
these aspects of the activity:

begin delete

(1)

end delete

begin insert (A) end insert  The types of hazardous waste and the estimated amounts of
each hazardous waste that are managed as part of the activity and
the hazards to human health or safety or to the environment posed
by reasonably foreseeable mismanagement of those hazardous
wastes and their hazardous constituents. The estimate of the
amounts of each hazardous waste that are managed as part of the
activity shall be based upon information reasonably available to
the department.

begin delete

(2)

end delete

begin insert (B) end insert  The complexity of the activity, and the amount and
complexity of operator training, equipment installation and
maintenance, and monitoring that are required to ensure that the
activity is conducted in a manner that safely and effectively
manages each hazardous waste.

begin delete

(3)

end delete

begin insert (C) end insert  The chemical or physical hazards that are associated with
the activity and the degree to which those hazards are similar to,
or different from, the chemical or physical hazards that are
associated with the production processes that are carried out in the
facilities that produce the hazardous waste that is managed as part
of the activity.

begin delete

(4)

end delete

begin insert (D) end insert  The types of accidents that might reasonably be foreseen
to occur during the management of particular types of hazardous
waste streams as part of the activity, the likely consequences of
those accidents, and the reasonably available actual accident history
associated with the activity.

begin delete

(5)

end delete

begin insert (E) end insert  The types of locations where begin delete the activity end delete begin insert hazardous waste
management activities associated with metal shredding and
management of treated metal shredder waste end insert may be carried begin delete out,
an estimate of the number of these locations, end delete begin insert out end insert and the types of
hazards begin insert or risks end insert that may be posed by proximity to the land uses
described in Section 25227. The estimate of the number of
locations where the activity may be carried out shall be based upon
information reasonably available to the department.

(e) The department shall not give notice proposing the adoption
of, and the department shall not adopt, a regulation pursuant to
subdivision (c) unless it first demonstrates at least one of the
following, using the information developed in the analysis prepared
pursuant to subdivision (d) begin insert and any other information available
to the department end insert :

(1) The requirements that the alternative management standards
replace are not significant or important in either of the following
situations:

(A) Preventing or mitigating potential hazards to human health
or safety or to the environment posed by the activity.

(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.

(2) A requirement is imposed and enforced by another public
agency that provides protection of human health and safety and
the environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, that the
alternative management standards replace.

(3) Conditions or limitations imposed as part of the alternative
management standards will provide protection of human health
and safety and the environment equivalent to the requirement, or
requirements, that the alternative management standards replace.

(4) Conditions or limitations imposed as part of the alternative
management standards accomplish the same regulatory purpose
as the requirement, or requirements, that the alternative
management standards replace, but at less cost or with greater
administrative convenience, and without increasing potential risks
to human health or safety or to the environment.

(f) The department shall not adopt alternative management
standards pursuant to this section if those standards are less
stringent than the standards that would otherwise apply under the
federal act.

(g) Nothing in the alternative management standards authorized
by this section is intended to duplicate or conflict with other laws,
rules, or regulations adopted by other state agencies or affected
local air quality management districts. The department shall, as
much as possible, align the alternative management standards with
the laws, rules, and regulations of other state agencies or affected
local air quality management districts.

(h) The owner or operator of a metal shredding facility begin insert , or solid
waste disposal facility end insert that begin insert has accepted treated metal shredder
waste, that end insert may be subject to the alternative management standards
shall provide to the department all information and data determined
by the department to be relevant to the evaluation and preparation
of the analysis required by begin delete paragraphs (1) end delete begin insert subparagraphs (A) end insert to
begin delete (5) end delete begin insert (E) end insert , inclusive, of begin insert paragraph (3) of end insert subdivision (d).

(i) The alternative management standards adopted by the
department pursuant to this section may, to the extent it is
consistent with the standards that would otherwise apply under
the federal act, allow for treated metal shredder waste to be
classified and managed as nonhazardous waste, provided that the
analysis prepared pursuant to subdivision (d) demonstrates that
classification and management as hazardous waste is not necessary
to prevent or mitigate potential hazards to human health or safety
or to the environment posed by the treated metal shredder waste.

(j) (1) The disposal of treated metal shredder waste shall be
regulated pursuant to this chapter and the regulations adopted
pursuant to this chapter, unless alternative management standards
are adopted by the department pursuant to this section.

(2) If the alternative management standards adopted by the
department pursuant to this section result in treated metal shredder
waste being classified as nonhazardous waste, the material may
be managed in either of the following manners:

(A) It may be used begin insert at a unit described in subparagraph (B) end insert as
alternative daily cover or for beneficial reuse pursuant to Section
41781.3 of the Public Resources Code and the regulations adopted
to implement that section.

(B) It may be placed in a unit that meets the waste discharge
requirements issued pursuant to Division 7 (commencing with
Section 13000) of the Water Code that allow for discharges of
designated waste, as defined in Section 13173 of the Water Code,
or of treated metal shredder waste.

(3) This section does not limit the disposal or use of treated
metal shredder waste as alternative daily cover pursuant to Section
41781.3 of the Public Resources Code and the regulations adopted
to implement that section, or for other authorized beneficial uses
if that disposal or use is at a facility meeting the requirements of
subparagraph (B) of paragraph (2), is made under the authority of
the hazardous waste determinations governing metal shredder
waste issued by the department before January 1, 2014, and is
made before the department does either of the following:

(A) Rescinds begin insert , in accordance with applicable law, end insert the conditional
nonhazardous waste classifications issued pursuant to subdivision
(f) of Section 66260.200 of Title 22 of the California Code of
Regulations with regard to treated metal shredder waste.

(B) Completes the adoption of alternative management standards
pursuant to this section.

(k) The department shall complete the analysis described in
paragraph (1) of subdivision (c) and subsequent regulatory action
before January 1, begin delete 2017 end delete begin insert 2018 end insert . All hazardous waste begin delete determinations end delete
begin insert classifications end insert and policies, procedures, or guidance issued by the
department before January 1, 2014, governing or related to the
generation, treatment, and management of metal shredder waste
or treated metal shredder waste shall be inoperative and have no
further effect begin delete once end delete begin insert on January 1, 2018, if end insert the department completes
its analysis pursuant to subdivision (c) and takes one of the
following actions:

(1) Rescinds the conditional nonhazardous waste classifications
issued pursuant to subdivision (f) of Section 66260.200 of Title
22 of the California Code of Regulations with regard to that waste.

(2) Adopts alternative management standards pursuant to this
section.

(l) The authority of the department to adopt original regulations
pursuant to this section shall remain in effect only until January
1, begin delete 2017 end delete begin insert 2018 end insert , unless a later enacted statute, which is enacted before
January 1, begin delete 2017 end delete begin insert 2018 end insert , deletes or extends that date. This subdivision
does not invalidate any regulation adopted pursuant to this section
before the expiration of the department’s authority.

(m) A regulation adopted pursuant to this section on or before
January 1, begin delete 2017 end delete begin insert 2018 end insert , shall continue in force and effect after that
date, until repealed or revised by the department.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section begin delete 25150.9.1 end delete begin insert 25150.84 end insert is added to the Health and
Safety Code, to read:

begin delete 25150.9.1. end delete
begin insert 25150.84. end insert   

begin insert (a) end insert begin insert   end insert The department is authorized to collect an
annual fee from all metal shredding facilities that are subject to
the requirements of this chapter or to the alternative management
standards adopted pursuant to Section begin delete 25150.9. end delete begin insert 25150.82. end insert The
department shall establish and adopt begin delete by regulation end delete begin insert regulations
necessary to administer this fee and to establish end insert a fee schedule
that is set at a rate sufficient to reimburse the department’s costs
to implement this chapter as applicable to metal shredder facilities.
The fee schedule established by the department may be updated
periodically as necessary and shall provide for the assessment of
no more than the reasonable begin insert and necessary end insert costs of the department
to implement this chapter begin insert , as applicable to metal shredder
facilities end insert .

begin insert

(b) The Controller shall establish a separate subaccount in the
Hazardous Waste Control Account. The fees collected pursuant
to this section shall be deposited into the subaccount and be
available for expenditure by the department upon appropriation
by the Legislature.

end insert begin insert

(c) A regulation adopted pursuant to this section may be adopted
as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and for the purposes of that chapter,
including Section 11349.6 of the Government Code, the adoption
of these regulations is an emergency and shall be considered by
the Office of Administrative Law as necessary for the immediate
preservation of the public peace, health, safety, and general
welfare. Notwithstanding Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code,
an emergency regulation adopted by the department pursuant to
this section shall be filed with, but not be repealed by, the Office
of Administrative Law and shall remain in effect for a period of
two years or until revised by the department, whichever occurs
sooner.

end insert begin insert

(d) (1) A metal shredding facility paying an annual fee in
accordance with this section shall be exempt from the following
fees as the fees pertain to metal shredding activities and the
generation, handling, management, transportation, and disposal
of metal shredder waste:

end insert begin insert

(A) A fee imposed pursuant to subdivision (a) or (d) of Section
25205.7.

end insert begin insert

(B) A disposal fee imposed pursuant to Section 25174.1.

end insert begin insert

(C) A facility fee imposed pursuant to Section 25205.2.

end insert begin insert

(D) A generator fee imposed pursuant to Section 25205.5.

end insert begin insert

(E) A transportable treatment unit fee imposed pursuant to
Section 25205.14.

end insert begin insert

(2) A metal shredding facility is not exempt from the fees listed
in paragraph (1) for any other hazardous waste the metal
shredding facility generates and handles.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section begin delete 25150.9.2 end delete begin insert 25150.86 end insert is added to the Health and
Safety Code, to read:

begin delete 25150.9.2. end delete
begin insert 25150.86. end insert   

Treated metal shredder waste that is managed in
accordance with the alternative management standards adopted
by the department pursuant to Section begin delete 25150.9 end delete begin insert 25180.82 end insert and that
is accepted by a solid waste landfill or other authorized location
for disposal or for use as alternative daily cover or other beneficial
use shall thereafter be deemed to be a solid waste for purposes of
this chapter and Section 40191 of the Public Resources Code.

begin delete SEC. 5. end delete
begin insert SEC. 6. end 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.