BILL NUMBER: AB 483 CHAPTERED
BILL TEXT
CHAPTER 625
FILED WITH SECRETARY OF STATE OCTOBER 5, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE ASSEMBLY SEPTEMBER 15, 1995
PASSED THE SENATE SEPTEMBER 6, 1995
AMENDED IN SENATE SEPTEMBER 1, 1995
AMENDED IN SENATE JULY 23, 1995
AMENDED IN SENATE JULY 13, 1995
AMENDED IN SENATE JULY 3, 1995
AMENDED IN ASSEMBLY MARCH 21, 1995
INTRODUCED BY Assembly Member Alpert
FEBRUARY 16, 1995
An act to add Sections 25143.11, 25200.14.1, and 25201.14 to the
Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 483, Alpert. Hazardous waste: facilities permits:
exemptions: recycling.
(1) Under existing law, the Department of Toxic Substances Control
is required to issue hazardous waste facilities permits to use and
operate hazardous waste management units at a facility which, in the
judgment of the department, meet the building standards relating to
hazardous waste facilities and other applicable standards and
requirements. Existing law requires the department to impose
conditions on each hazardous waste facilities permit specifying the
types of hazardous wastes which may be accepted for transfer,
storage, treatment, or disposal, and authorizes the department to
impose any other conditions on a hazardous waste facilities permit
that are consistent with the hazardous waste control laws. Certain
hazardous waste treatment methods are conditionally exempted from the
hazardous waste facilities permit requirements. A violation of the
hazardous waste control laws is a crime.
This bill would require the department, on or before January 1,
1997, to the extent consistent with the federal Resource Conservation
and Recovery Act of 1976 and with the protection of the public
health, safety, and the environment, to adopt regulations exempting
secondary materials, as defined, from the hazardous waste control
laws, as specified.
The bill would exempt, from hazardous waste facilities
requirements, the puncturing, draining, or crushing of aerosol cans,
the separation of used oil from water, if the separation is
accomplished using certain methods, and the operation of a totally
enclosed treatment facility, upon the adoption of regulations by the
department, if specified requirements are met by the owner or
operator conducting those activities.
Because the bill would revise the definition of a crime, the bill
would impose a state-mandated local program.
(2) Existing law requires the department, except as specified, to
require the owner or operator of a facility operating pursuant to a
permit-by-rule or a grant of conditional authorization to complete
and file a phase I environmental assessment with the department, as
specified.
This bill would require the department, on or before July 1, 1997,
to complete an evaluation of the phase I environmental assessment,
and if the department determines that statutory changes are needed,
to recommend those changes to the Governor and the Legislature, on or
before March 1, 1998.
(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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25143.11 is added to the Health and Safety
Code, to read:
25143.11. (a) The department shall, on or before January 1, 1997,
to the extent that it is consistent with the federal act and the
protection of the public health, safety, and the environment, adopt
regulations exempting secondary materials from this chapter. Those
regulations shall be adopted pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. In adopting the regulations, the department shall consider the
restrictions listed in paragraph (8) of subsection (a) of Section
261.4 of Title 40 of the Code of Federal Regulations which apply to
the exclusion of secondary materials from regulation under the
federal act.
(b) For purposes of this section, "secondary materials" means
materials that are reclaimed and returned to the original process or
processes in which they were generated where they are reused in the
production process.
SEC. 2. Section 25200.14.1 is added to the Health and Safety Code,
to read:
25200.14.1. (a) On or before July 1, 1997, the department shall
complete an evaluation of the phase I environmental assessment
requirement specified by Section 25200.14, and identify any necessary
and appropriate changes to that requirement. If the department
determines that statutory changes are needed, the department shall
recommend those changes to the Governor and the Legislature on or
before March 1, 1998.
(b) In evaluating the phase I environmental assessment
requirement, the department shall, at a minimum, consider the
following issues:
(1) Whether the phase I environmental assessment should continue
to encompass the entire facility or be limited to a portion of the
facility.
(2) The extent to which, and under what conditions, the
information contained in the facility's phase I environmental
assessment should be maintained as confidential information not
available for release to the public or to governmental agencies other
than the department.
SEC. 3. Section 25201.14 is added to the Health and Safety Code,
to read:
25201.14. (a) To the extent consistent with the federal act, the
following activities are exempt from this article, including the
requirements of obtaining a hazardous waste facilities permit or
other grant of authorization from the department, if the activity is
conducted at the site where the material was generated and the
management of the waste meets the requirements of Section 25143.9 and
subdivisions (b) and (c) of this section:
(1) Puncturing, draining, or crushing of aerosol cans, at ambient
temperature, subject to both of the following:
(A) The equipment used is designed to capture the gaseous and
liquid contents of the cans, prevent fire, explosion, and
unauthorized releases of hazardous constituents, and prevent worker
exposure to hazardous materials released from the cans, and is
certified by the department for use in compliance with this section
pursuant to Section 25200.1.5. The department shall approve or deny
an application for certification of the equipment within 180 days
from the date of receiving an application determined to be complete.
(B) The aerosol cans are recycled as scrap metal.
(2) Except as provided in subdivision (b), the separation of used
oil from water, if all other applicable laws and regulations are met,
the used oil is properly transported to an authorized oil recycler,
and the separation is accomplished by using one of the following
methods:
(A) Gravity separation.
(B) A centrifuge.
(C) Membrane technology.
(D) Heating of the water containing the used oil to a temperature
that is not more than 20 degrees Fahrenheit below the flashpoint of
the used oil component of the mixture at atmospheric pressure.
(E) The addition of demulsifiers to the water containing the used
oil.
(3) (A) The operation of a totally enclosed treatment unit or
facility, as defined in Section 66260.10 of Title 22 of the
California Code of Regulations, when authorized by regulations
adopted by the department pursuant to subparagraph (B).
(B) The department shall, on or before January 1, 1997, adopt
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code exempting
this type of unit or facility from this article to the extent that
the department determines that the exemption is consistent with the
protection of public health, safety, and the environment.
(b) For purposes of paragraph (2) of subdivision (a), the
separation of used oil from water does not include a method using any
of the following:
(1) Contaminated groundwater.
(2) Water containing any measurable amount of gasoline or more
than 2 percent of a combination of Number 1 or Number 2 diesel fuel.
(3) Used oil and water which contain other constituents which
render the material hazardous under the regulations adopted pursuant
to Section 25140 and 25141.
(c) A generator operating pursuant to subdivision (a) shall meet
all of the following conditions:
(1) The generator complies with the conditions of subdivisions (d)
and (e) of Section 25201.5.
(2) The generator submits a notification that is in compliance
with paragraph (7) of subdivision (d) of Section 25201.5 on or before
April 1, 1996, or if the generator is commencing the first treatment
of waste pursuant to this section, not less than 60 days prior to
the date of commencing treatment of that waste pursuant to this
section. Upon demonstration of good cause by the generator, the
department may allow a shorter time period than 60 days between
notification and commencement of hazardous waste treatment pursuant
to this section. The generator shall be in compliance with all other
notification requirements of subdivision (d) of Section 25201.5.
(3) The generator maintains adequate records to demonstrate that
the requirements and conditions of this section are met, including
appropriate waste sampling and analysis records, to demonstrate that
none of the water and used oil mixtures listed in subdivision (b) are
treated pursuant to this section. All records required pursuant to
this paragraph and subdivision (d) of Section 25201.5 shall be
maintained onsite for a period of at least three years.
(4) Except as provided in Section 25404.5, the generator submits a
one-time fee in the amount of one hundred dollars ($100) to the
department as part of the notification required by paragraph (2), at
the same time that notification is submitted, unless the generator is
subject to a fee under a permit-by-rule or a grant of conditional
authorization pursuant to Section 25200.3.
(5) (A) If the generator is conducting treatment pursuant to
paragraph (2) of subdivision (a), the generator complies with the
Phase I environmental assessment requirements of Section 25200.14,
except for subdivisions (d), (f), and (g) of Section 25200.14. The
generator shall not be required to comply with this subparagraph
until the department completes an evaluation of the phase I
environmental assessment requirement, pursuant to Section 25200.14.1,
and until any revisions resulting from that evaluation are
implemented by statute or regulation.
(B) A generator conducting treatment pursuant to paragraph (2) of
subdivision (a) shall not be required to conduct any site
investigations, beyond that required by subparagraph (A), or to
initiate remediation activities until the department adopts
regulations specifying the criteria and procedures for corrective
action at non-RCRA facilities.
(C) This paragraph does not limit the authority of the department,
a local health officer or other local public officer authorized
pursuant to Section 25187.7, or a unified program agency approved
pursuant to Section 25404.1, to issue an order pursuant to Section
25187.1 or to order corrective action pursuant to Section 25187.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.