Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 263

Introduced by Assembly Member Patterson

February 10, 2015

An act to amend Sections 25141 and 25150 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 263, as amended, Patterson. 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 begin delete hazardous. Existing law requires the department end delete begin insert hazardous, and end insert 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 begin delete SW-846, to reflect all updates to that publication, as specified. end delete begin insert SW-846. end insert

This bill would require the department to update, by June 1, begin delete 2016, end delete begin insert 2017, end insert 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, begin insert end insert begin insert to reflect all updates to that publication, end insert as specified.

Vote: majority. Appropriation: no. Fiscal committee: 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, begin delete 2016, end delete begin insert 2017, end insert 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 Wildlife, the Department of Industrial
Relations, the Division of 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 begin delete State end delete begin insert California end insert Building Standards Commission, the
Office of Environmental Health Hazard Assessment, and the
Department of Resources Recycling and Recovery.

(g) The department shall update by June 1, begin delete 2016, end delete begin insert 2017, end insert 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.