BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 524|
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THIRD READING
Bill No: SB 524
Author: Correa (D)
Amended: 5/28/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 7-0, 4/27/09
AYES: Simitian, Runner, Ashburn, Corbett, Hancock,
Lowenthal, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Solid waste: auto shredder residue
SOURCE : Institute of Scrap Recycling Industries
DIGEST : This bill requires the Secretary for
Environmental Protection, on or before February 1, 2010,
subject to the availability of funding, to establish an
auto shredder residue working group, comprised of
representatives of the California Integrated Waste
Management Board, the Department of Toxic Substances
Control, the Air Resources Board, the State Water Resources
Control Board, members of the auto shredder industry,
landfill operators, and other interested stakeholders.
This bill requires the working group to review and evaluate
the existing practice of using treated auto shredder
residue as alternative daily cover, as specified. This
bill makes other changes to existing law relating to auto
shredder residue.
CONTINUED
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ANALYSIS :
Existing law:
1. Pursuant to the Health and Safety Code, defines
"hazardous waste" as a waste that meets any of the
criteria for the identification of a hazardous waste
adopted by the Department of Toxic Substances Control
(DTSC).
2. Pursuant to the California Integrated Waste Management
Act of 1989 (Act), requires the California Integrated
Waste Management Board (CIWMB) to evaluate the use of
recycling residue for use as solid waste landfill cover
materials or for use as extenders for currently used
cover materials.
3. Pursuant to the Act, excludes from the definition of
"solid waste," hazardous waste and thus prohibits its
disposal in a solid waste landfill.
4. Pursuant to Title 27, Division 2, Subdivision 1, Chapter
3, Subchapter 4, Article 2, Section 20690 of the
California Code of Regulations, authorizes the use of
auto shredder residue as alternative daily cover for
solid waste landfills if treated as specified and is
limited to a minimum compacted thickness of six inches
and average compacted thickness of less than 24 inches.
This bill:
1. Makes extensive findings and declaration relating to
auto shredder residue or "fluff".
2. Requires, on or before February 1, 2010, and subject to
available funding (see #6 below) the California
Environmental Protection Agency (CalEPA) to establish an
auto shredder residue working group, comprised of
representatives of CIWMB, DTSC, the Air Resources Board
(ARB), the State Water Resources Control Board (SWRCB),
members of the auto shredder industry, landfill
operators, and other interested stakeholders.
3. Requires the working group to do all of the following:
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A. Review and evaluate the existing practice of using
treated auto shredder residue as alternative daily
cover.
B. Determine the effects of DTSC's proposed
revocation of the current regulatory classification
of treated auto shredder residue and resulting
prohibitions on its use as alternative daily cover.
C. Determine whether the current regulatory
classification of treated auto shredder residue poses
a threat to human health or the environment.
D. Identify the constituents in auto shredder residue
that could pose health and safety or environmental
problems when used as alternative daily cover in
accordance with applicable regulations.
E. Recommend approaches to work with the auto
industry to manufacture vehicles that produce less
hazardous waste at end-of-life.
F. Recommend changes to statute, regulation, or
agency practice, if any, based on the results of the
working group's analysis.
4. Requires, on or before December 1, 2010, CalEPA to
report to the Legislature on the findings and
recommendations of the auto shredder residue working
group.
5. Prohibits DTSC from altering the current regulatory
status of auto shredder residue without first
considering the factors contained in this bill.
6. Provides the Secretary for Environmental Protection
shall not be required to establish an auto shredder
residue working group or submit the report to the
Legislature unless the CIWMB has entered into a written
agreement with one or more non-governmental members of
the working group to reimburse the Office of the
Secretary for Environmental Protection, the CIWMB, the
DTSC, the ARB, and the SWRCB for their costs in
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complying with the provisions of this bill.
Comments
According to the author's office, for the past two decades,
DTSC and its predecessor agency, the Department of Health
Services (DHS), have allowed treated auto shredder residue
to be managed as a nonhazardous waste in California, under
certain prescribed conditions. On September 29, 2008, DTSC
sent a letter to the shredders notifying them that they
were repealing the shredders' declassification letters and
would require all shredders in California to register as
hazardous waste generators. According to the author's
office, this determination was made without adequate
justification or evidence supporting this dramatic change
in DTSC's 20-plus year policy. Since a change in the
disposal of auto shredder residue will affect CIWMB, SWRCB,
and ARB regulations, it is imperative that a study be
conducted prior to any revocation of the auto shredders'
declassification letters.
According to DTSC, since 1984 "fluff" has been regulated as
a non-Resource Conservation and Recovery Act hazardous
waste in California due to the presence of lead, cadmium,
copper, and zinc at levels above the state's regulatory
thresholds for those metals. Shredder waste has been found
to contain polychlorinated biphenyls at concentrations
which occasionally exceed the federal and state regulatory
threshold of 50 parts per million. Shredder waste is both
a hazardous waste and a recyclable material subject to
California's Hazardous Waste Control Law and the
regulations that apply to hazardous wastes.
Between 1986 and 1992, DHS, and subsequently DTSC, issued
conditional nonhazardous waste classifications to seven
shredder facilities in California who successfully treated
their shredder waste to nonhazardous levels using similar
metals fixation treatment technologies. DHS also
determined that if the treatment of shredder waste was
"in-line" with the shredding operation, authorization for
hazardous waste treatment was not required.
Draft Report from DTSC: "California's Automobile Shredder
Waste Initiative" . This report includes findings from the
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Initiative that was financed with grant funds provided by
the United States Environmental Protection Agency through
the Resource Conservation and Recovery Act. The goals of
the Initiative were threefold: (1) evaluate the adequacy
of DTSC's automobile shredder waste policy, (2) affirm the
regulatory status of the automobile shredders operating in
California, and (3) ensure compliance by the automobile
shredders with the existing statutes and regulations. In
early 2000, DTSC initiated a comprehensive review of its
past policies to ensure that the policies conform to
current laws and regulations, and are still valid
considering current scientific knowledge. One of the
policies that came under review was Policy and Procedure
88-6 entitled "Auto Shredder Waste Policy and Procedures"
and addressing DTSC's regulation of both untreated and
treated shredder waste. As part of reviewing the subject
policy and meeting the other goals of the Initiative, it
was determined that on-site surveys would provide the most
up-to-date information regarding the current status of
California's shredder industry. The draft report
recommended that DTSC:
1. Rescind DTSC Policy and Procedure 88-6 entitled "Auto
Shredder Waste Policy and Procedures".
2. Require facilities that wish to continue treating their
shredder waste on site to obtain the appropriate
authorization within a specified period of time.
3. Rescind all previously issued nonhazardous waste
classifications for treated shredder waste.
On September 29, 2008, DTSC sent a letter to the shredders
notifying them that DTSC was repealing the shredders'
declassification letters and would require all shredders in
California to register as hazardous waste generators.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/28/09)
Institute of Scrap Recycling Industries (source)
Republic Services, Inc.
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SA Recycling
TSM:mw 5/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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