BILL ANALYSIS
AB 2388
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
AB 2388 (Miller) - As Introduced: February 19, 2010
SUBJECT : Hazardous waste generators.
SUMMARY : Provides for the immediate reactivation of expired
hazardous waste generator's identification numbers.
Specifically, this bill :
1)Makes legislative findings about the need to streamline the
hazardous waste generator identification system to encourage
the proper transport and management of hazardous waste.
2)Requires the Department of Toxics Substances Control (DTSC) to
modify the hazardous waste generator identification number
system to provide a method for the immediate reactivation of a
suspended identification number of a hazardous waste
generator.
3)Allows a hazardous waste transporter to utilize a wireless
communication device to reactivate a suspended hazardous waste
generator identification number.
EXISTING LAW : Requires generators, transporters and disposal
facilities handling hazardous waste to receive and maintain a
California ID number for the purpose of tracking hazardous
waste. (Health and Safety Code 25205.16)
FISCAL EFFECT : Unknown
COMMENTS :
Need for the bill: According to the sponsors of the bill, the
Independent Waste Oil Collectors and Transporters, DTSC's
existing system of suspending an ID number for failure to
complete the annual renewal form; for a generator not realizing
they are required to even possess a California ID number; or,
for an emergency situation that requires the immediate pick up
of a hazardous waste, has created a serious problem that must be
addressed. Re-activation or the obtaining of a new ID number
often times takes weeks; and, even in an emergency (particularly
at night when many accidents occur), cannot be obtained for at
AB 2388
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least several hours at best.
Background: DTSC issues permanent California ID numbers to
generators, transporters and disposal facilities for the purpose
of tracking hazardous waste. California ID numbers are
site-specific and owner-specific. The ID number enables
regulators to track the waste from its origin to final disposal
("cradle to grave"). A business must obtain a federal or State
ID number before shipping hazardous waste to a recycler or
disposal facility. These California ID numbers must be renewed
annually.
Most hazardous waste falls into two types in California: waste
regulated by the federal government under the Resource
Conservation and Recovery Act is known as "RCRA waste"; and
waste regulated by California law alone is known as "non-RCRA"
or "California-only" waste. All hazardous waste in California
(RCRA and non-RCRA) is regulated under state statutes and
regulations. If a business generates more than 1 kilogram of
RCRA acutely hazardous waste per month or more than 100
kilograms of other RCRA waste per month, they must have a
federal ID number.
DTSC issues ID numbers for generators, transporters, and
treatment, storage, and disposal facilities that handle
hazardous wastes not regulated under RCRA. As stated above,
this depends on the type of waste that you generate and the rate
at which you generate it. U.S. EPA issues federal (RCRA) ID
numbers.
Issues:
1)The proposed legislation allows licensed waste transporters to
seek a renewal of a generator ID number from DTSC. If DTSC
provides an immediate wireless ID number system it should be
available to generators as well as transporters.
2)Allowing the hazardous waste hauler to seek a renewal of an
generator ID number fails to include the requirement for the
generator (or in this case the transporter) to contact the
Board of Equalization to obtain a generator fee account
number.
REGISTERED SUPPORT / OPPOSITION :
AB 2388
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Support
Independent Waste Oil Collectors and Transporters (Sponsors)
All Petroleum Recovery Services, LLC
Fremouw Environmental Services, Inc.
Opposition
None Received
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965