BILL ANALYSIS
AB 2127
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Date of Hearing: April 25, 2006
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Ira Ruskin, Chair
AB 2127 (Plescia and Tran) - As Amended: April 17, 2006
SUBJECT : Hazardous Waste: alkaline batteries
SUMMARY : Provides an exception to the disposal prohibition for
alkaline batteries until January 2008 and requires studies as to
the safety of their disposal in a solid waste landfill and
collection infrastructure costs.
Specifically, this bill :
1. Makes various findings and declarations regarding
alkaline batteries.
2. Defines alkaline battery and battery for the purposes of
this bill.
3. Allows for the disposal of alkaline batteries generated
by householders and small quantity generators in a
permitted solid waste landfill until January 2008.
4. Requires the California Integrated Waste Management
Board (IWMB) and the State Water Resources Control Board
(SWRCB) to study the environmental impacts, the extent of
any impact, and proposed solutions to mitigate impacts,
from the disposal of alkaline batteries solid waste
landfills.
5. Requires the Legislative Analyst to evaluate the cost of
developing an infrastructure to collect alkaline batteries
from consumers and the financial impact on them if they are
required to fund the development of the necessary impact.
EXISTING LAW: Existing law defines the term batteries, for
purposes of the hazardous waste control laws, including
nickel-cadmium, alkaline, carbon-zinc, and other batteries
generated as waste, that are not subject to the federal
Resources Conservation and Recovery Act of 1976 (RCRA).
Existing law authorizes DTSC to exempt, by regulation, from the
hazardous waste control laws, specified hazardous waste
management activities if those wastes are identified as a
universal waste and meet other specified requirements.
Household batteries are universal waste and cannot be disposed
in a solid waste landfill.
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FISCAL EFFECT : Unknown, but potentially significant to test
alkaline batteries in a landfill environment.
COMMENTS :
1) Ban on Disposal of Electronic Waste / Universal Waste :
Regulations to protect public health and the environment
have been changing. Some common items, such as small
batteries, traditionally thrown away have now been
determined to be hazardous wastes and cannot be disposed in
landfills. These common items are referred to as hazardous
waste, and some of them can be classified as universal
waste (u-waste). U-Wastes, as defined by federal and state
law, are hazardous wastes that are more common and pose a
lower risk to people and the environment than other
hazardous wastes. For California, per DTSC regulations, as
of February 9, 2006, all "u-waste" items including those
generated by households and small businesses are banned
from disposal at a solid waste landfill. Small household
batteries, including alkaline batteries, as well as other
common products, are on the list of non-disposal item as
shown below.
a. Fluorescent lamps and tubes . Includes
fluorescent tubes, compact fluorescent lamps, metal
halide lamps, and sodium vapor lamps.
b. Batteries . Includes all batteries, AAA, AA,
C, D, button cell, 9-volt, and all others, both
rechargeable and single use.
c. Computer and television monitors . Most
monitors are currently considered hazardous waste when
they have lived their life and are ready for recycling
or disposal, including cathode ray tube (CRT), liquid
crystal diode (LCD), and plasma monitors.
d. Electronic devices . Includes computers,
printers, VCRs, cell phones, telephones, radios, and
AB 2127
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microwave ovens.
2) Alkaline Batteries: These are the small batteries, such
as AAA, AA, D, C, and 9 volt that consumers purchase to
power a huge assortment of goods. According to DTSC, it is
estimated that about 500,000,000 alkaline batteries are
disposed in California each year. This amount of batteries
has significant potential to leach alkaline leachable
constituents, such as arsenic, after disposal in landfills.
When disposed in hazardous waste landfills, alkaline
batteries pose a much lesser hazard because the landfills
are designed, sited, and operated to hold hazardous wastes.
In addition, hazardous waste landfills must keep
post-closure bonds to maintain leachate collection,
removal, and treatment systems after disposal. The sponsor
of AB 2127 contends that, while alkaline batteries test
hazardous in a laboratory environment, how they 'behave' in
a landfill environment has not been determined and thus the
need for the bill.
3) Federal Law / State Law / Regulations : Alkaline
batteries are exempt from federal regulation [the Federal
Resource Conservation and Recovery Act (RCRA)] as a
hazardous waste. However, California's process for
determining hazardous waste is more stringent than the
federal government. An example is alkaline batteries and
California's test for corrosivity. Alkaline batteries
exhibit a hazardous waste characteristic for corrosivity
and are considered a hazardous waste. However, they are
identified as a universal waste, so they can be managed in
that framework which is much less burdensome than that for
hazardous waste, but still must not be disposed in a solid
waste landfill.
4) Alkaline Battery Recycling : While there is no recycler
in California for alkaline batteries, there are several
companies who serve as consolidation and distribution
points for recycling opportunities outside of California.
The batteries are shredded and case metals are separated
using conventional techniques. Manganese and zinc
remaining in the process effluent are collected, filtered,
and sold.
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Suggested Amendments :
The inclusion of the exception to the disposal ban for alkaline
batteries as proposed in AB 2127 is not sound policy. The
disposal ban is based upon the existing statutory and regulatory
structure of DTSC, the SWRCB, and the IWMB which work together
to ensure that only materials that can be safely disposed are
directed toward solid waste landfill disposal. The author may
wish to consider removing that exemption (Page 3, strike lines
34 through 39 inclusive and page 4, lines 1-33 inclusive).
Also, the evaluation of the cost of developing infrastructure to
collect alkaline batteries by the Legislative Analyst is not
necessary. The costs for this infrastructure have been
estimated by the DTSC through its universal waste regulation
development process as well the IWMB's December 2002 report,
Household Universal Waste Generation in California. The author
may wish to remove that section as well (Page 5, strike lines 5
through 11).
REGISTERED SUPPORT / OPPOSITION :
Support
Solid Waste Association of North America
California Refuse Removal Council
Coalition in Support of AB 2127
American Electronics Association
California Chamber of Commerce
California Grocers Association
California Manufacturers and Technology Association
Consumer Specialty Products Association
Grocery Manufacturers of America
Industrial Environmental Association
Kimberly-Clark
National Electrical Manufacturers Association
Opposition
Californians Against Waste
Planning and Conservation League
Environment California
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Sierra Club California
Analysis Prepared by : Caroll Mortensen / E.S. & T.M. / (916)
319-3965