BILL NUMBER: SB 130 CHAPTERED
BILL TEXT
CHAPTER 632
FILED WITH SECRETARY OF STATE OCTOBER 5, 1995
APPROVED BY GOVERNOR OCTOBER 4, 1995
PASSED THE SENATE SEPTEMBER 15, 1995
PASSED THE ASSEMBLY SEPTEMBER 14, 1995
AMENDED IN ASSEMBLY SEPTEMBER 7, 1995
AMENDED IN ASSEMBLY AUGUST 21, 1995
AMENDED IN ASSEMBLY JUNE 7, 1995
AMENDED IN SENATE APRIL 25, 1995
AMENDED IN SENATE MARCH 27, 1995
INTRODUCED BY Senator Costa
JANUARY 23, 1995
An act to amend Sections 25143.2 and 25144 of the Health and
Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 130, Costa. Hazardous waste: recovery and storage of oil.
(1) Existing law exempts units, including associated piping, that
are part of a system used for the recovery of oil from oil-bearing
materials, and the associated storage of those materials and the
recovered oil, from the hazardous waste control laws if specified
conditions are met. A violation of the laws regulating hazardous
waste is a crime.
Existing law subjects recyclable materials to the requirements of
the hazardous waste control laws, unless the Department of Toxic
Substances Control issues a variance or unless the material meets
specified requirements, including if the material is oily waste, used
oil, or spent nonhalogenated solvent that is managed by the owner or
operator of a refinery that is processing primarily crude oil or a
public utility, and, among other things, the material is burned in a
specified manner or recombined with normal process streams to produce
a fuel, and the material does not contain constituents other than
those for which the material is being recycled that render the
material hazardous under the regulations adopted by the department,
unless the material is an oily waste, other than used oil, and those
constituents are removed at the refinery prior to the use of the
material.
This bill would additionally allow this material to be exempted if
it is recombined with normal process streams to produce other
refined petroleum products. The bill would delete the exemption for
oily waste, with regard to constituent content, and would instead
exempt materials which are oil-bearing material or recovered material
managed in accordance with the oil recovery unit exemption. Since
the bill would revise the exemption for recyclable materials, the
bill would impose a state-mandated local program by creating a new
crime.
The bill would revise the requirements for the exemption of units
that are part of a system used for the recovery of oil from
oil-bearing materials with regard to the insertion of recovered oil
into petroleum refinery units, the ownership of the facility
generating the oil-bearing materials, and the exemption of these
units from specified provisions of the hazardous waste control laws.
The bill would exclude contaminated groundwater generated at, or
originating from the operation, maintenance, or cleanup of, service
stations from the definition of the term "oil-bearing materials."
The bill would also define the term "subsidiary" for purposes of the
exemption of those units.
(2) 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.
(3) This bill would incorporate additional changes to Section
25143.2 of the Health and Safety Code proposed by SB 1191, to become
operative only if both SB 1191 and this bill are enacted, and become
effective on January 1, 1996, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25143.2 of the Health and Safety Code is
amended to read:
25143.2. (a) Recyclable materials are subject to the requirements
of this chapter and the regulations adopted by the department to
implement this chapter which apply to hazardous wastes, unless the
department issues a variance pursuant to Section 25143, or except as
provided otherwise in subdivision (b), (c), or (d) or the regulations
adopted by the department pursuant to Sections 25150 and 25151. For
the purposes of this section, recyclable material does not include
infectious waste.
(b) Except as otherwise provided in subdivisions (e), (f), and
(g), recyclable material which is managed in accordance with Section
25143.9 and is or will be recycled by any of the following methods
shall be excluded from classification as a waste:
(1) Used or reused as an ingredient in an industrial process to
make a product, if the material is not being reclaimed.
(2) Used or reused as a safe and effective substitute for
commercial products, if the material is not being reclaimed.
(3) Returned to the original process from which the material was
generated, without first being reclaimed, if the material is returned
as a substitute for raw material feedstock, and the process uses raw
materials as principal feedstocks.
(c) Except as otherwise provided in subdivision (e), any
recyclable material may be recycled at a facility which is not
authorized by the department pursuant to the applicable hazardous
waste facilities permit requirements of Article 9 (commencing with
Section 25200) if either of the following requirements is met:
(1) The material is a petroleum refinery waste containing oil
which is converted into petroleum coke at the same facility at which
the waste was generated, unless the resulting coke product would be
identified as a hazardous waste under this chapter. A waste subject
to this paragraph is exempt from this chapter to the same extent the
waste is exempt from subsections (q), (r), and (s) of Section 6924 of
Title 42 of the United States Code.
(2) The material meets all of the following conditions:
(A) The material is recycled and used at the same facility at
which the material was generated.
(B) The material is recycled within 90 days of its generation.
(C) The material is managed in accordance with all applicable
requirements for generators of hazardous wastes under this chapter
and regulations adopted by the department.
(d) Except as otherwise provided in subdivisions (e), (f), (g),
and (h), recyclable material which meets the definition of a non-RCRA
hazardous waste in Section 25117.9, is managed in accordance with
Section 25143.9, and meets or will meet any of the following
requirements is excluded from classification as a waste:
(1) The material can be shown to be recycled and used at the site
where the material was generated.
(2) The material qualifies as one or more of the following:
(A) The material is a product, which has been processed from a
hazardous waste, or which has been handled, at a facility authorized
by the department pursuant to the facility permit requirements of
Article 9 (commencing with Section 25200) to process or handle the
material, if the product meets both of the following conditions:
(i) The product does not contain constituents, other than those
for which the material is being recycled which render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141.
(ii) The product is used, or distributed or sold for use, in a
manner for which the product is commonly used.
(B) The material is a petroleum refinery waste containing oil
which is converted into petroleum coke at the same facility at which
the waste was generated, unless the resulting coke product would be
identified as a hazardous waste under this chapter.
(C) The material is oily waste, used oil, or spent nonhalogenated
solvent which is managed by the owner or operator of a refinery which
is processing primarily crude oil and which is not subject to permit
requirements for recycling of used oil, or a public utility, or a
corporate subsidiary, corporate parent, or subsidiary of the same
corporate parent of the refinery or public utility, and which meets
all of the following requirements:
(i) The material is either burned in an industrial boiler, an
industrial furnace, an incinerator, or a utility boiler which
complies with all applicable federal and state laws, or is recombined
with normal process streams to produce a fuel or other refined
petroleum product.
(ii) The material is managed at the site where it was generated;
managed at another site owned or operated by the generator, a
corporate subsidiary of the generator, a subsidiary of the same
entity of which the generator is a subsidiary, or the corporate
parent of the generator; or, if the material is generated in the
course of oil or gas exploration or production, managed by an
unrelated refinery receiving the waste through a common pipeline.
(iii) The material does not contain constituents other than those
for which the material is being recycled which render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141, unless the material is an oil-bearing material or recovered
oil that is managed in accordance with subdivisions (a) and (c) of
Section 25144.
(D) The material is a fuel which is removed from a fuel tank, is
either contaminated with water or by nonhazardous debris, of not more
than 2 percent by weight, including, but not limited to, rust or
sand, or a fuel unintentionally mixed with an unused petroleum
product, and is transferred to, and processed into a fuel at, a
refinery which processes primarily crude oil.
(3) The material is transported between locations operated by the
same person who generated the material, if the material is recycled
at the last location operated by that person and all of the
conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of
paragraph (4) are met. If requested by the department or by any law
enforcement official, a person handling material subject to this
paragraph shall, within 15 days of the request, supply documentation
to show that the requirements of this paragraph have been satisfied.
(4) (A) The material is transferred between locations operated by
the same person who generated the material, if the material is to be
recycled at an authorized offsite hazardous waste facility and if all
of the following conditions are met:
(i) The material is transferred by employees of that person in
vehicles under the control of that person or by a registered
hazardous waste hauler under contract to that person.
(ii) The material is not handled at any interim location.
(iii) The material is not held at any publicly accessible interim
location for more than four hours unless required by other provisions
of law.
(iv) The material is managed in compliance with the requirements
of this chapter and the regulations adopted pursuant to this chapter
prior to the initial transportation of the material and after the
receipt of the material at the last location operated by that person.
Upon receipt of the material at the last location operated by that
person, the material shall be deemed to have been generated at that
location.
(v) All of the following information is maintained in an operating
log at the last location operated by that person:
(I) The name and address of each generator location contributing
material to each shipment received.
(II) The quantity and type of material contributed by each
generator to each shipment of material.
(III) The destination and intended disposition of all material
shipped offsite or received.
(IV) The date of each shipment received or sent offsite.
The log shall be kept for at least three years after receipt of
the material at that location.
(vi) If requested by the department, or by any law enforcement
official, a person handling material subject to this paragraph shall,
within 15 days of the request, supply documentation to show that the
requirements of this paragraph have been satisfied.
(B) For purposes of paragraph (3) and subparagraph (A) of
paragraph (4), "person" also includes corporate subsidiary, corporate
parent, or subsidiary of the same corporate parent.
(C) Persons which are a corporate subsidiary, corporate parent, or
subsidiary of the same corporate parent, and which manage recyclable
materials under paragraph (3) or subparagraph (A) of paragraph (4),
are jointly and severally liable for any activities excluded from
regulation pursuant to this section.
(5) The material is used or reused as an ingredient in an
industrial process to make a product, if the material is not being
treated before introduction to that process except by one or more of
the following procedures, and if any discharges to air from the
following procedures do not contain constituents which are hazardous
wastes pursuant to the department's regulations and comply with
applicable air pollution control laws:
(A) Filtering.
(B) Screening.
(C) Sorting.
(D) Sieving.
(E) Grinding.
(F) Physical or gravity separation, without the addition of
external heat or any chemicals.
(G) pH adjustment.
(H) Viscosity adjustment.
(6) The material is used or reused as a safe and effective
substitute for commercial products, if the material is not being
treated except by one or more of the following procedures, and if any
discharges to air from the following procedures do not contain
constituents which are hazardous wastes pursuant to the department's
regulations and comply with applicable air pollution control laws:
(A) Filtering.
(B) Screening.
(C) Sorting.
(D) Sieving.
(E) Grinding.
(F) Physical or gravity separation, without the addition of
external heat or any chemicals.
(G) pH adjustment.
(H) Viscosity adjustment.
(7) The material is a chlorofluorocarbon or
hydrochlorofluorocarbon compound or a combination of
chlorofluorocarbon or hydrochlorofluorocarbon compounds, is being
reused or recycled, and is used in heat transfer equipment,
including, but not limited to, mobile air conditioning systems,
mobile refrigeration, and commercial and industrial air conditioning
and refrigeration systems, used in fire extinguishing products, or
contained within foam products.
(e) Notwithstanding subdivisions (b), (c), and (d), all of the
following recyclable materials are hazardous wastes and subject to
full regulation under this chapter, even if the recycling involves
use, reuse, or return to the original process as described in
subdivision (b), or even if the recycling involves activities or
materials described in subdivisions (c) and (d):
(1) Materials which are a RCRA hazardous waste, as defined in
Section 25120.2, used in a manner constituting disposal, or used to
produce products that are applied to the land including, but not
limited to, materials used to produce a fertilizer, soil amendment,
agricultural mineral, or an auxiliary soil and plant substance.
(2) Materials which are a non-RCRA hazardous waste, as defined in
Section 25117.9, and used in a manner constituting disposal or used
to produce products that are applied to the land as a fertilizer,
soil amendment, agricultural mineral, or an auxiliary soil and plant
substance. The department may adopt regulations to exclude materials
from regulation pursuant to this paragraph.
(3) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels, except materials exempted under paragraph (1)
of subdivision (c) or excluded under subparagraph (B), (C), or (D) of
paragraph (2) of subdivision (d).
(4) Materials accumulated speculatively.
(5) Materials determined to be inherently wastelike pursuant to
regulations adopted by the department.
(6) Used or spent etchants, stripping solutions, and plating
solutions, which are transported to an offsite facility operated by a
person other than the generator and which are either of the
following:
(A) The etchants or solutions are no longer fit for their
originally purchased or manufactured purpose.
(B) If the etchants or solutions are reused, the generator and the
user cannot document that they are used for their originally
purchased or manufactured purpose without prior treatment.
(7) Used oil, as defined in subdivision (a) of Section 25250.1,
unless one of the following applies:
(A) The used oil is excluded under subparagraph (B) or (C) of
paragraph (2) of subdivision (d), paragraph (4) of subdivision (d),
subdivision (e) of Section 25250.1, Section 25250.2, or Section
25250.3, and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of Title 40
of the Code of Federal Regulations.
(B) The used oil is used or reused on the site where it was
generated or is excluded under paragraph (3) of subdivision (d), and
is managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations, and is not any of the following:
(i) Used in a manner constituting disposal or used to produce a
product that is applied to land.
(ii) Burned for energy recovery or used to produce a fuel, unless
the used oil is excluded under subparagraph (B) or (C) of paragraph
(2) of subdivision (d).
(iii) Accumulated speculatively.
(iv) Determined to be inherently wastelike pursuant to regulations
adopted by the department.
(f) (1) Any person who manages a recyclable material under a claim
that the material qualifies for exclusion or exemption pursuant to
this section shall provide, upon request, to the department, the
Environmental Protection Agency, or any local agency or official
authorized to bring an action as provided in Section 25180, all of
the following information:
(A) The name, street and mailing address, and telephone number of
the owner or operator of any facility that manages the material.
(B) Any other information related to that person's management of
the material requested by the department, the Environmental
Protection Agency, or the authorized local agency or official.
(2) Any person claiming an exclusion or an exemption shall
maintain adequate records to demonstrate to the satisfaction of the
requesting agency or official that there is a known market or
disposition for the material, and that the requirements of any
exemption or exclusion pursuant to this section are met.
(3) For purposes of determining that the conditions for exclusion
from classification as a waste pursuant to this section are met, any
person, facility, site, or vehicle engaged in the management of a
material under a claim that the material is excluded from
classification as a waste pursuant to this section shall be subject
to Section 25185.
(g) For purposes of Chapter 6.8 (commencing with Section 25300),
recyclable materials excluded from classification as a waste pursuant
to this section are not excluded from the definition of hazardous
substances in subdivision (g) of Section 25316.
(h) Used oil that fails to qualify for exclusion pursuant to
subdivision (d), solely because the used oil is a RCRA hazardous
waste, may be managed pursuant to subdivision (d) if the used oil is
also managed in accordance with the applicable requirements of Part
279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations.
SEC. 1.5. Section 25143.2 of the Health and Safety Code is amended
to read:
25143.2. (a) Recyclable materials are subject to the requirements
of this chapter and the regulations adopted by the department to
implement this chapter which apply to hazardous wastes, unless the
department issues a variance pursuant to Section 25143, or except as
provided otherwise in subdivision (b), (c), or (d) or the regulations
adopted by the department pursuant to Sections 25150 and 25151. For
the purposes of this section, recyclable material does not include
infectious waste.
(b) Except as otherwise provided in subdivisions (e), (f), and
(g), recyclable material which is managed in accordance with Section
25143.9 and is or will be recycled by any of the following methods
shall be excluded from classification as a waste:
(1) Used or reused as an ingredient in an industrial process to
make a product, if the material is not being reclaimed.
(2) Used or reused as a safe and effective substitute for
commercial products, if the material is not being reclaimed.
(3) Returned to the original process from which the material was
generated, without first being reclaimed, if the material is returned
as a substitute for raw material feedstock, and the process uses raw
materials as principal feedstocks.
(c) Except as otherwise provided in subdivision (e), any
recyclable material may be recycled at a facility which is not
authorized by the department pursuant to the applicable hazardous
waste facilities permit requirements of Article 9 (commencing with
Section 25200) if either of the following requirements is met:
(1) The material is a petroleum refinery waste containing oil
which is converted into petroleum coke at the same facility at which
the waste was generated, unless the resulting coke product would be
identified as a hazardous waste under this chapter. A waste subject
to this paragraph is exempt from this chapter to the same extent the
waste is exempt from subsections (q), (r), and (s) of Section 6924 of
Title 42 of the United States Code.
(2) The material meets all of the following conditions:
(A) The material is recycled and used at the same facility at
which the material was generated.
(B) The material is recycled within 90 days of its generation.
(C) The material is managed in accordance with all applicable
requirements for generators of hazardous wastes under this chapter
and regulations adopted by the department.
(d) Except as otherwise provided in subdivisions (e), (f), (g),
and (h), recyclable material which meets the definition of a non-RCRA
hazardous waste in Section 25117.9, is managed in accordance with
Section 25143.9, and meets or will meet any of the following
requirements is excluded from classification as a waste:
(1) The material can be shown to be recycled and used at the site
where the material was generated.
(2) The material qualifies as one or more of the following:
(A) The material is a product, which has been processed from a
hazardous waste, or which has been handled, at a facility authorized
by the department pursuant to the facility permit requirements of
Article 9 (commencing with Section 25200) to process or handle the
material, if the product meets both of the following conditions:
(i) The product does not contain constituents, other than those
for which the material is being recycled which render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141.
(ii) The product is used, or distributed or sold for use, in a
manner for which the product is commonly used.
(B) The material is a petroleum refinery waste containing oil
which is converted into petroleum coke at the same facility at which
the waste was generated, unless the resulting coke product would be
identified as a hazardous waste under this chapter.
(C) The material is oily waste, used oil, or spent nonhalogenated
solvent which is managed by the owner or operator of a refinery which
is processing primarily crude oil and which is not subject to permit
requirements for recycling of used oil, or a public utility, or a
corporate subsidiary, corporate parent, or subsidiary of the same
corporate parent of the refinery or public utility, and which meets
all of the following requirements:
(i) The material is either burned in an industrial boiler, an
industrial furnace, an incinerator, or a utility boiler which
complies with all applicable federal and state laws, or is recombined
with normal process streams to produce a fuel or other refined
petroleum product.
(ii) The material is managed at the site where it was generated;
managed at another site owned or operated by the generator, a
corporate subsidiary of the generator, a subsidiary of the same
entity of which the generator is a subsidiary, or the corporate
parent of the generator; or, if the material is generated in the
course of oil or gas exploration or production, managed by an
unrelated refinery receiving the waste through a common pipeline.
(iii) The material does not contain constituents other than those
for which the material is being recycled which render the material
hazardous under regulations adopted pursuant to Sections 25140 and
25141, unless the material is an oil-bearing material or recovered
oil that is managed in accordance with subdivisions (a) and (c) of
Section 25144.
(D) The material is a fuel which is removed from a fuel tank, is
either contaminated with water or by nonhazardous debris, of not more
than 2 percent by weight, including, but not limited to, rust or
sand, or a fuel unintentionally mixed with an unused petroleum
product, and is transferred to, and processed into a fuel at, a
refinery which processes primarily crude oil.
(3) The material is transported between locations operated by the
same person who generated the material, if the material is recycled
at the last location operated by that person and all of the
conditions of clauses (i) to (vi), inclusive, of subparagraph (A) of
paragraph (4) are met. If requested by the department or by any
official authorized to enforce the requirements of this section
pursuant to subdivision (a) of Section 25180, a person handling
material subject to this paragraph shall, within 15 days of the
request, supply documentation to show that the requirements of this
paragraph have been satisfied.
(4) (A) The material is transferred between locations operated by
the same person who generated the material, if the material is to be
recycled at an authorized offsite hazardous waste facility and if all
of the following conditions are met:
(i) The material is transferred by employees of that person in
vehicles under the control of that person or by a registered
hazardous waste hauler under contract to that person.
(ii) The material is not handled at any interim location.
(iii) The material is not held at any publicly accessible interim
location for more than four hours unless required by other provisions
of law.
(iv) The material is managed in compliance with the requirements
of this chapter and the regulations adopted pursuant to this chapter
prior to the initial transportation of the material and after the
receipt of the material at the last location operated by that person.
Upon receipt of the material at the last location operated by that
person, the material shall be deemed to have been generated at that
location.
(v) All of the following information is maintained in an operating
log at the last location operated by that person:
(I) The name and address of each generator location contributing
material to each shipment received.
(II) The quantity and type of material contributed by each
generator to each shipment of material.
(III) The destination and intended disposition of all material
shipped offsite or received.
(IV) The date of each shipment received or sent offsite.
The log shall be kept for at least three years after receipt of
the material at that location.
(vi) If requested by the department, or by any law enforcement
official, a person handling material subject to this paragraph shall,
within 15 days of the request, supply documentation to show that the
requirements of this paragraph have been satisfied.
(B) For purposes of paragraph (3) and subparagraph (A) of
paragraph (4), "person" also includes corporate subsidiary, corporate
parent, or subsidiary of the same corporate parent.
(C) Persons which are a corporate subsidiary, corporate parent, or
subsidiary of the same corporate parent, and which manage recyclable
materials under paragraph (3) or subparagraph (A) of paragraph (4),
are jointly and severally liable for any activities excluded from
regulation pursuant to this section.
(5) The material is used or reused as an ingredient in an
industrial process to make a product, if the material is not being
treated before introduction to that process except by one or more of
the following procedures, and if any discharges to air from the
following procedures do not contain constituents which are hazardous
wastes pursuant to the department's regulations and comply with
applicable air pollution control laws:
(A) Filtering.
(B) Screening.
(C) Sorting.
(D) Sieving.
(E) Grinding.
(F) Physical or gravity separation, without the addition of
external heat or any chemicals.
(G) pH adjustment.
(H) Viscosity adjustment.
(6) The material is used or reused as a safe and effective
substitute for commercial products, if the material is not being
treated except by one or more of the following procedures, and if any
discharges to air from the following procedures do not contain
constituents which are hazardous wastes pursuant to the department's
regulations and comply with applicable air pollution control laws:
(A) Filtering.
(B) Screening.
(C) Sorting.
(D) Sieving.
(E) Grinding.
(F) Physical or gravity separation, without the addition of
external heat or any chemicals.
(G) pH adjustment.
(H) Viscosity adjustment.
(7) The material is a chlorofluorocarbon or
hydrochlorofluorocarbon compound or a combination of
chlorofluorocarbon or hydrochlorofluorocarbon compounds, is being
reused or recycled, and is used in heat transfer equipment,
including, but not limited to, mobile air conditioning systems,
mobile refrigeration, and commercial and industrial air conditioning
and refrigeration systems, used in fire extinguishing products, or
contained within foam products.
(e) Notwithstanding subdivisions (b), (c), and (d), all of the
following recyclable materials are hazardous wastes and subject to
full regulation under this chapter, even if the recycling involves
use, reuse, or return to the original process as described in
subdivision (b), or even if the recycling involves activities or
materials described in subdivisions (c) and (d):
(1) Materials which are a RCRA hazardous waste, as defined in
Section 25120.2, used in a manner constituting disposal, or used to
produce products that are applied to the land including, but not
limited to, materials used to produce a fertilizer, soil
amendment, agricultural mineral, or
an auxiliary soil and plant substance.
(2) Materials which are a non-RCRA hazardous waste, as defined in
Section 25117.9, and used in a manner constituting disposal or used
to produce products that are applied to the land as a fertilizer,
soil amendment, agricultural mineral, or an auxiliary soil and plant
substance. The department may adopt regulations to exclude materials
from regulation pursuant to this paragraph.
(3) Materials burned for energy recovery, used to produce a fuel,
or contained in fuels, except materials exempted under paragraph (1)
of subdivision (c) or excluded under subparagraph (B), (C), or (D) of
paragraph (2) of subdivision (d).
(4) Materials accumulated speculatively.
(5) Materials determined to be inherently wastelike pursuant to
regulations adopted by the department.
(6) Used or spent etchants, stripping solutions, and plating
solutions, which are transported to an offsite facility operated by a
person other than the generator and which are either of the
following:
(A) The etchants or solutions are no longer fit for their
originally purchased or manufactured purpose.
(B) If the etchants or solutions are reused, the generator and the
user cannot document that they are used for their originally
purchased or manufactured purpose without prior treatment.
(7) Used oil, as defined in subdivision (a) of Section 25250.1,
unless one of the following applies:
(A) The used oil is excluded under subparagraph (B) or (C) of
paragraph (2) of subdivision (d), paragraph (4) of subdivision (d),
subdivision (e) of Section 25250.1, Section 25250.2, or Section
25250.3, and is managed in accordance with the applicable
requirements of Part 279 (commencing with Section 279.1) of Title 40
of the Code of Federal Regulations.
(B) The used oil is used or reused on the site where it was
generated or is excluded under paragraph (3) of subdivision (d), and
is managed in accordance with the applicable requirements of Part 279
(commencing with Section 279.1) of Title 40 of the Code of Federal
Regulations, and is not any of the following:
(i) Used in a manner constituting disposal or used to produce a
product that is applied to land.
(ii) Burned for energy recovery or used to produce a fuel, unless
the used oil is excluded under subparagraph (B) or (C) of paragraph
(2) of subdivision (d).
(iii) Accumulated speculatively.
(iv) Determined to be inherently wastelike pursuant to regulations
adopted by the department.
(f) (1) Any person who manages a recyclable material under a claim
that the material qualifies for exclusion or exemption pursuant to
this section shall provide, upon request, to the department, the
Environmental Protection Agency, or any local agency or official
authorized to bring an action as provided in Section 25180, all of
the following information:
(A) The name, street and mailing address, and telephone number of
the owner or operator of any facility that manages the material.
(B) Any other information related to that person's management of
the material requested by the department, the Environmental
Protection Agency, or the authorized local agency or official.
(2) Any person claiming an exclusion or an exemption shall
maintain adequate records to demonstrate to the satisfaction of the
requesting agency or official that there is a known market or
disposition for the material, and that the requirements of any
exemption or exclusion pursuant to this section are met.
(3) For purposes of determining that the conditions for exclusion
from classification as a waste pursuant to this section are met, any
person, facility, site, or vehicle engaged in the management of a
material under a claim that the material is excluded from
classification as a waste pursuant to this section shall be subject
to Section 25185.
(g) For purposes of Chapter 6.8 (commencing with Section 25300),
recyclable materials excluded from classification as a waste pursuant
to this section are not excluded from the definition of hazardous
substances in subdivision (g) of Section 25316.
(h) Used oil that fails to qualify for exclusion pursuant to
subdivision (d), solely because the used oil is a RCRA hazardous
waste, may be managed pursuant to subdivision (d) if the used oil is
also managed in accordance with the applicable requirements of Part
279 (commencing with Section 279.1) of Title 40 of the Code of
Federal Regulations.
SEC. 2. Section 25144 of the Health and Safety Code is amended to
read:
25144. (a) For purposes of this section, the following terms have
the following meaning:
(1) "Oil" means crude oil, or any fraction thereof, which is
liquid at 60 degrees Fahrenheit and 14.7 pounds per square inch
absolute pressure. "Oil" does not include any of the following,
unless it is exempt from regulation under paragraph (1) of
subdivision (g) of Section 279.10 or paragraph (5) of subdivision (g)
of Section 279.10 of Part 279 of Title 40 of the Code of Federal
Regulations:
(A) Spent lubricating fluids which have been removed from an
engine crankcase, transmission, gearbox, or differential of an
automobile, bus, truck, vessel, heavy equipment, or machinery powered
by an internal combustion engine.
(B) Spent industrial oils, including compressor, turbine, and
bearing oil, hydraulic oil, metal-working oil, refrigeration oil, and
railroad drainings.
(2) "Oil-bearing materials" means any liquid or semisolid material
containing oil, partially refined petroleum products, or petroleum
products. "Oil-bearing materials" do not include either of the
following:
(A) Soil from remediation projects.
(B) Contaminated groundwater that is generated at, or originating
from the operation, maintenance, or cleanup of, service stations, as
defined in Section 13650 of the Business and Professions Code.
(3) "Oil recovery operations" means the physical separation of oil
from oil-bearing materials by means of gravity separation,
centrifugation, filter pressing, or other dewatering processes, with
or without the addition of heat, chemical flocculants, air, or
natural gas to enhance separation.
(4) "Petroleum refinery" means an establishment that has the
Standard Industrial Classification Code 2911 and which is not subject
to the permit requirements for the recycling of used oil imposed
pursuant to Article 9 (commencing with Section 25200).
(5) "Subsidiary" means a corporate entity engaged in the
exploration, production, transportation, refining, marketing, or
distribution or crude oil or petroleum products.
(b) (1) Except as provided in paragraph (2), a biological process
on the property of the producer treating oil, its products, and
water, which meets the definition of a non-RCRA waste, and which
produces an effluent that is continuously discharged to navigable
waters in compliance with a permit issued pursuant to Section 402 of
the Federal Water Pollution Control Act (33 U.S.C. Sec. 1342), is
exempt from this chapter.
(2) Residues produced in the treatment process and subsequently
removed that conform to any criterion adopted pursuant to Section
25141 are not exempt.
(c) To the extent consistent with the applicable provisions of the
federal act, units, including associated piping, that are part of a
system used for the recovery of oil from oil-bearing materials, and
the associated storage of oil-bearing materials and the recovered
oil, are exempt from this chapter, if all of the following conditions
are met:
(1) The oil recovery operations are conducted at a petroleum
refinery, or at another facility owned or operated by the corporate
entity that owns or operates the refinery, or a corporate parent or
subsidiary of the corporate entity.
(2) The oil-bearing materials are generated at the refinery or at
another facility owned or operated by the corporate entity that owns
or operates the refinery, or a corporate parent or subsidiary,
including a sister subsidiary, of the corporate entity, or are
generated in the course of oil or gas exploration or production
operations conducted by an unrelated entity and placed in a common
pipeline.
(3) The recovered oil is inserted into petroleum refinery process
units to produce fuel or other refined petroleum products. This
paragraph does not allow the direct blending, into final petroleum
products, of oil-bearing materials or recovered oil that contain
constituents that render these materials hazardous under the
regulations adopted pursuant to Sections 25140 and 25141, other than
those for which the material is being recycled.
(4) The recovered oil is not stored in a surface impoundment or
accumulated speculatively at the refinery or at an offsite facility.
(5) Any residual materials removed from a unit that is exempt
under this subdivision are managed in accordance with all other
applicable laws.
(6) The oil-bearing materials would be excluded from
classification as a waste pursuant to, or would otherwise meet the
requirements for an exemption under, Section 25143.2, except that the
following provisions do not apply to those oil-bearing materials:
(A) The prohibitions against prior reclamation in paragraphs (1),
(2), and (3) of subdivision (b) of Section 25143.2.
(B) Subparagraph (C) of paragraph (2) of subdivision (c) of
Section 25143.2.
(C) Paragraph (3) of subdivision (e) of Section 25143.2.
(D) Sections 25143.9 and 25143.10.
SEC. 3. 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.
SEC. 4. Section 1.5 of this bill incorporates amendments to
Section 25143.2 of the Health and Safety Code proposed by both this
bill and SB 1191. It shall only become operative if (1) both bills
are enacted and become effective on January 1, 1996, (2) each bill
amends Section 25143.2 of the Health and Safety Code, and (3) this
bill is enacted after SB 1191, in which case Section 1 of this bill
shall not become operative.