California Legislature—2015–16 Regular Session

Assembly Bill No. 628

Introduced by Assembly Member Bloom

February 24, 2015

An act to amend Section 25250.1 of the Health and Safety Code, relating to used oil.

LEGISLATIVE COUNSEL’S DIGEST

AB 628, as introduced, Bloom. Used oil.

Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and, for those purposes, defines “used oil” to mean oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities.

This bill would clarify that the synthetic oil referred to in the definition of “used oil” may be from any source.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 25250.1 of the Health and Safety Code
is amended to read:

25250.1.  

(a) As used in this article, the following terms have
the following meaning:

(1) (A) “Used oil” means all of the following:

(i) Oil that has been refined from crude oil, or any synthetic begin delete oil, end delete
begin insert oil from any source, end insert that has been used, and, as a result of use or
as a consequence of extended storage, or spillage, has been
contaminated with physical or chemical impurities.

(ii) Material that is subject to regulation as used oil under Part
279 (commencing with Section 279.1) of Subchapter I of Chapter
1 of Title 40 of the Code of Federal Regulations.

(B) Examples of used oil are spent lubricating fluids that have
been removed from an engine crankcase, transmission, gearbox,
or differential of an automobile, bus, truck, vessel, plane, heavy
equipment, or machinery powered by an internal combustion
engine; industrial oils, including compressor, turbine, and bearing
oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad
drainings.

(C) “Used oil” does not include any of the following:

(i) Oil that has a flashpoint below 100 degrees Fahrenheit or
that has been mixed with hazardous waste, other than minimal
amounts of vehicle fuel.

(ii) (I) Wastewater, the discharge of which is subject to
regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b))
or Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water
Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at
facilities that have eliminated the discharge of wastewater,
contaminated with de minimis quantities of used oil.

(II) For purposes of this clause, “de minimis quantities of used
oil” are small spills, leaks, or drippings from pumps, machinery,
pipes, and other similar equipment during normal operations, or
small amounts of oil lost to the wastewater treatment system during
washing or draining operations.

(III) This exception does not apply if the used oil is discarded
as a result of abnormal manufacturing operations resulting in
substantial leaks, spills, or other releases or to used oil recovered
from wastewaters.

(iii) Used oil re-refining distillation bottoms that are used as
feedstock to manufacture asphalt products.

(iv) Oil that contains polychlorinated biphenyls (PCBs) at a
concentration of 5 ppm or greater.

(v) (I) Oil containing more than 1000 ppm total halogens, which
shall be presumed to be a hazardous waste because it has been
mixed with halogenated hazardous waste listed in Subpart D
(commencing with Section 261.30) of Part 261 of Subchapter I of
Chapter 1 of Title 40 of the Code of Federal Regulations.

(II) A person may rebut the presumption specified in subclause
(I) by demonstrating that the used oil does not contain hazardous
waste, including, but not limited to, in the manner specified in
subclause (III).

(III) The presumption specified in subclause (I) is rebutted if it
is demonstrated that the used oil that is the source of total halogens
at a concentration of more than 1000 ppm is solely either household
waste, as defined in Section 261.4(b)(1) of Title 40 of the Code
of Federal Regulations, or is collected from conditionally exempt
small quantity generators, as defined in Section 261.5 of Title 40
of the Code of Federal Regulations. Nothing in this subclause
authorizes any person to violate the prohibition specified in Section
25250.7.

(2) “Board” means the California Integrated Waste Management
Board.

(3) (A) “Recycled oil” means any oil that meets all of the
following requirements specified in clauses (i) to (iii), inclusive:

(i) Is produced either solely from used oil, or is produced solely
from used oil that has been mixed with one or more contaminated
petroleum products or oily wastes, other than wastes listed as
hazardous under the federal act, provided that if the resultant
mixture is subject to regulation as a hazardous waste under Section
279.10(b)(2) of Title 40 of the Code of Federal Regulations, the
mixture is managed as a hazardous waste in accordance with all
applicable hazardous waste regulations, and the recycled oil
produced from the mixture is not subject to regulation as a
hazardous waste under Section 279.10(b)(2) of Title 40 of the
Code of Federal Regulations. If the oily wastes with which the
used oil is mixed were recovered from a unit treating hazardous
wastes that are not oily wastes, these recovered oily wastes are not
excluded from being considered as oily wastes for purposes of this
section or Section 25250.7.

(ii) The recycled oil meets one of the following requirements:

(I) The recycled oil is produced by a generator lawfully recycling
its oil.

(II) The recycled oil is produced at a used oil recycling facility
that is authorized to operate pursuant to Section 25200 or 25200.5
solely by means of one or more processes specifically authorized
by the department. The department may not authorize a used oil
recycling facility to use a process in which used oil is mixed with
one or more contaminated petroleum products or oily wastes unless
the department determines that the process to be authorized for
mixing used oil with those products or wastes will not substantially
contribute to the achievement of compliance with the specifications
of subparagraph (B).

(III) The recycled oil is produced in another state, and the used
oil recycling facility where the recycled oil is produced, and the
process by which the recycled oil is produced, are authorized by
the agency authorized to implement the federal act in that state.

(iii) Has been prepared for reuse and meets all of the following
standards:

(I) The oil meets the standards of purity set forth in subparagraph
(B).

(II) If the oil was produced by a generator lawfully recycling
its oil or the oil is lawfully produced in another state, the oil is not
hazardous pursuant to the criteria adopted by the department
pursuant to Section 25141 for any characteristic or constituent
other than those listed in subparagraph (B).

(III) The oil is not mixed with any waste listed as a hazardous
waste in Part 261 (commencing with Section 261.1) of Subchapter
I of Chapter 1 of Title 40 of the Code of Federal Regulations.

(IV) The oil is not subject to regulation as a hazardous waste
under the federal act.

(V) If the oil was produced lawfully at a used oil recycling
facility in this state, the oil is not hazardous pursuant to any
characteristic or constituent for which the department has made
the finding required by subparagraph (B) of paragraph (2) of
subdivision (a) of Section 25250.19, except for one of the
characteristics or constituents identified in the standards of purity
set forth in subparagraph (B).

(B) The following standards of purity are in effect for recycled
oil, in liquid form, unless the department, by regulation, establishes
more stringent standards:

(i) Flashpoint: minimum standards set by the American Society
for Testing and Materials for the recycled products. However,
recycled oil to be burned for energy recovery shall have a minimum
flashpoint of 100 degrees Fahrenheit.

(ii) Total lead: 50 mg/kg or less.

(iii) Total arsenic: 5 mg/kg or less.

(iv) Total chromium: 10 mg/kg or less.

(v) Total cadmium: 2 mg/kg or less.

(vi) Total halogens: 3000 mg/kg or less. However, recycled oil
shall be demonstrated by testing to contain not more than 1000
mg/kg total halogens listed in Appendix VIII of Part 261
(commencing with Section 261.1) of Subchapter I of Chapter 1 of
Title 40 of the Code of Federal Regulations.

(vii) Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.

(C) Compliance with the specifications of subparagraph (B) or
with the requirements of clauses (iv) and (v) of subparagraph (B)
of paragraph (1) shall not be met by blending or diluting used oil
with crude or virgin oil, or with a contaminated petroleum product
or oily waste, except as provided in subclause (II) of clause (ii) of
subparagraph (A), and shall be determined in accordance with the
procedures for identification and listing of hazardous waste adopted
in regulations by the department. Persons authorized by the
department to recycle oil shall maintain records of volumes and
characteristics of incoming used oil and outgoing recycled oil and
documentation concerning the recycling technology utilized to
demonstrate to the satisfaction of the department or other
enforcement agencies that the recycling has been achieved in
compliance with this subdivision.

(D) This paragraph does not apply to oil that is to be disposed
of or used in a manner constituting disposal.

(4) “Used oil recycling facility” means a facility that reprocesses
or re-refines used oil.

(5) “Used oil storage facility” means a storage facility, as
defined in subdivision (b) of Section 25123.3, that stores used oil.

(6) “Used oil transfer facility” means a transfer facility, as
defined in subdivision (a) of Section 25123.3, that meets the
qualifications to be a storage facility, for purposes of Section
25123.3.

(7) (A) For purposes of this section and Section 25250.7 only,
“contaminated petroleum product” means a product that meets all
of the following conditions:

(i) It is a hydrocarbon product whose original intended purpose
was to be used as a fuel, lubricant, or solvent.

(ii) It has not been used for its original intended purpose.

(iii) It is not listed in Subpart D (commencing with Section
251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the
Code of Federal Regulations.

(iv) It has not been mixed with a hazardous waste other than
another contaminated petroleum product.

(B) Nothing in this section or Section 25250.7 shall be construed
to affect the exemptions in Section 25250.3, or to subject
contaminated petroleum products that are not hazardous waste to
any requirements of this chapter.

(b) Unless otherwise specified, used oil that meets either of the
following conditions is not subject to regulation by the department:

(1) The used oil has not been treated by the generator of the
used oil, the generator claims the used oil is exempt from regulation
by the department, and the used oil meets all of the following
conditions:

(A) The used oil meets the standards set forth in subparagraph
(B) of paragraph (3) of subdivision (a).

(B) The used oil is not hazardous pursuant to the criteria adopted
by the department pursuant to Section 25141 for any characteristic
or constituent other than those listed in subparagraph (B) of
paragraph (3) of subdivision (a).

(C) The used oil is not mixed with any waste listed as a
hazardous waste in Part 261 (commencing with Section 261.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.

(D) The used oil is not subject to regulation as either hazardous
waste or used oil under the federal act.

(E) The generator of the used oil has complied with the
notification requirements of subdivision (c) and the testing and
recordkeeping requirements of Section 25250.19.

(F) The used oil is not disposed of or used in a manner
constituting disposal.

(2) The used oil meets all the requirements for recycled oil
specified in paragraph (3) of subdivision (a), the requirements of
subdivision (c), and the requirements of Section 25250.19.

(c) Used oil recycling facilities and generators lawfully recycling
their own used oil that are the first to claim that recycled oil meets
the requirements specified in paragraph (2) of subdivision (b) shall
maintain an operating log and copies of certification forms, as
specified in Section 25250.19. Any person who generates used
oil, and who claims that the used oil is exempt from regulation
pursuant to paragraph (1) of subdivision (b), shall notify the
department, in writing, of that claim and shall comply with the
testing and recordkeeping requirements of Section 25250.19 prior
to its reuse. In any action to enforce this article, the burden is on
the generator or recycling facility, whichever first claimed that the
used oil or recycled oil meets the standards and criteria, and on
the transporter or the user of the used oil or recycled oil, whichever
has possession, to prove that the oil meets those standards and
criteria.

(d) Used oil shall be managed in accordance with the
requirements of this chapter and any additional applicable
requirements of Part 279 (commencing with Section 279.1) of
Subchapter I of Chapter 1 of Title 40 of the Code of Federal
Regulations.