BILL NUMBER: SB 1249 AMENDED
BILL TEXT
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
INTRODUCED BY Senator Hill
FEBRUARY 20, 2014
An act to add Sections 25150.9, 25150.9.1, and 25150.9.2
25150.82, 25150.84, and 25150.86 to , and
to repeal Section 25143.6 of, 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, 2017
2018 , 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
standards standards, and would authorize treated
metal shredder waste to be used at a specified type of disposal
unit as alternative daily cover or for beneficial reuse or
placed in a that specified type of
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, 2017 2018
, and would make all hazardous waste determinations
classifications and policies, procedures, or
guidance issued by the department before January 1, 2014, relating to
metal shredder waste or treated metal shredder waste inoperative
once on January 1, 2018, if 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 and would require the department
to establish and adopt regulations necessary to administer the fee
and to establish a fee schedule at a rate sufficient to cover
the costs of the department to implement these provisions. 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.
(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.
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.
(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.
This bill would repeal this provision.
(2)
(4) 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 former 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.
SEC. 2. Section 25143.6 of the Health
and Safety Code is repealed.
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.
SEC. 2. SEC. 3. Section
25150.9 25150.82 is added to the Health and
Safety Code, to read:
25150.9. 25150.82. (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
evaluate do all of the following:
(1) Evaluate 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 changes, and shall evaluate
changes.
(2) Evaluate the hazardous waste
management activities and prepare,
activities.
(3) Prepare, 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:
(1)
(A) 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.
(2)
(B) 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.
(3)
(C) 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.
(4)
(D) 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.
(5)
(E) The types of locations where the activity
hazardous waste management activities associated with
metal shredding and management of treated metal shredder waste
may be carried out, an estimate of the number of these
locations, out and the types of hazards or
risks 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) and any other information available
to the department :
(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 , or
solid waste disposal facility that has accepted treated
metal shredder waste, that 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
paragraphs (1) subparagraphs (A) to (5)
(E) , inclusive, of paragraph (3) of
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 at a unit described in subparagraph (B)
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 , in accordance with applicable law, 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, 2017 2018 . All
hazardous waste determinations
classifications 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 once on January 1, 2018, if 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,
2017 2018 , unless a later enacted
statute, which is enacted before January 1, 2017
2018 , 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, 2017 2018 , shall continue
in force and effect after that date, until repealed or revised by the
department.
SEC. 3. SEC. 4. Section
25150.9.1 25150.84 is added to the Health and
Safety Code, to read:
25150.9.1. 25150.84. (a)
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 25150.9.
25150.82. The department shall establish and adopt
by regulation regulations necessary to
administer this fee and to establish 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 and necessary costs of the
department to implement this chapter , as applicable to metal
shredder facilities .
(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.
(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.
(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:
(A) A fee imposed pursuant to subdivision (a) or (d) of Section
25205.7.
(B) A disposal fee imposed pursuant to Section 25174.1.
(C) A facility fee imposed pursuant to Section 25205.2.
(D) A generator fee imposed pursuant to Section 25205.5.
(E) A transportable treatment unit fee imposed pursuant to Section
25205.14.
(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.
SEC. 4. SEC. 5. Section
25150.9.2 25150.86 is added to the Health and
Safety Code, to read:
25150.9.2. 25150.86. Treated metal
shredder waste that is managed in accordance with the alternative
management standards adopted by the department pursuant to Section
25150.9 25180.82 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.
SEC. 5. SEC. 6. 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.