BILL ANALYSIS
SB 524
Page 1
SENATE THIRD READING
SB 524 (Correa)
As Amended July 7, 2009
Majority vote
SENATE VOTE :39-0
ENVIRONMENTAL SAFETY 5-117-0
APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Miller, Davis, |Ayes:|De Leon, Conway, Ammiano, |
| |Ruskin, Smyth | | |
| | | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |Fuentes, Hall, Harkey, |
| | | |Miller, |
| | | |Nielsen, John A. Perez, |
| | | |Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Hill |
|-----+--------------------------+-----+--------------------------|
|Nays:|Feuer | | |
| | | | |
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SUMMARY : Requires the Secretary for Environmental Protection to
establish a working group to consider the current regulation of
auto shredder waste and potential changes to that regulation.
Specifically, this bill :
1) Requires the Secretary for Environmental Protection, on
or before February 1, 2010, to establish an auto shredder
residue working group, comprised of representatives of the
Integrated Waste Management Board (IWMB), the Department of
Toxic Substances Control (DTSC), the Air Resources Board
(ARB), the State Water Resources Control Board (SWRCB),
members of the auto shredder industry, landfill operators,
members of the public health and environmental communities,
and other interested stakeholders.
2) Directs the working group to consider current practices
and regulation of auto shredder residue and potential
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changes to that regulation.
3) Requires the Secretary to report to the Legislature on
the findings and recommendations of the working group by
December 1, 2010.
4) Provides that the requirement to establish the working
group exists only if the IWMB enters into an agreement by
which one or more of the nongovernmental members of the
working group agree to reimburse the state costs associated
with the working group.
5) Sunsets on July 1, 2011.
6) Makes legislative findings.
EXISTING LAW :
1)Pursuant to the California Integrated Waste Management Act of
1989 (Act), requires the IWMB to evaluate the use of recycling
residue for use as solid waste landfill cover material
or for use as extenders for currently used cover materials.
Excludes from the definition of "solid waste" hazardous waste
and thus prohibits its disposal in a solid waste landfill.
2)Pursuant to the California Code of Regulations, authorizes the
use of auto shredder residue as ADC for solid waste landfills
if treated and limited as specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would incur negligible state costs as any
costs will be reimbursed by private members of the working
group.
COMMENTS :
Purpose. The author claims that DTSC has attempted to alter its
decades-old regulatory treatment of auto shredder waste without
adequate justification, evidence or consultation with affected
parties. The author contends that, because a change in the
regulatory status of auto shredder residue will affect various
state regulatory agencies and stakeholders, there needs to be a
joint review before DTSC changes the way it regulates this
SB 524
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material.
Shredder waste. The shredding of automobiles and major
household appliances produces a waste consisting primarily of
non-metallic materials, such as glass, fiber, rubber, automobile
fluids, dirt and plastics, that remain after the recyclable
metals have been removed. The waste produced at metal shredding
facilities is referred to as "automobile shredder waste,"
"automobile shredder residue," "shredder waste" or "fluff."
In California, shredder waste has been found to contain lead,
cadmium, copper, zinc and polychlorinated biphenyls (PCBs) at
levels above the state's regulatory thresholds. For these
reasons, since 1984, DTSC (and its predecessor agency, the
Department of Health Services (DHS)) has treated auto shredder
waste as a hazardous waste subject to California's Hazardous
Waste Control Law and regulations. Prior to 1984, auto shredder
waste was not considered hazardous and, generally, was disposed
of in landfills.
Between 1986 and 1992, DHS issued conditional nonhazardous waste
classifications to seven auto shredder facilities that had
successfully treated their auto shredder waste to nonhazardous
levels using metals fixation treatment technologies. Auto
shredder waste at these facilities was no longer regulated as a
hazardous waste and was allowed to be used as alternative daily
cover (ADC). ADC refers to material, aside from dirt and other
earthen material, used to cover the surface of an active
municipal solid waste landfill at the end of each operating day
to help control vectors, fires, odors, blowing litter, and
scavenging.
Rescinding nonhazardous status . In 2000, DTSC initiated a
comprehensive review of its past policies to ensure that they
conform to current laws, regulations and science and recommended
the following changes to auto shredder waste regulation:
rescind existing DTSC auto shredder waste policy and procedures;
require facilities that wish to continue treating their shredder
waste on site to obtain the appropriate authorization within a
specified period of time; rescind all previously issued
nonhazardous waste classifications for treated shredder waste.
On September 29, 2008, DTSC sent a letter to the shredders
notifying them of the requirement that all auto shredders in
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California register as hazardous waste generators. With auto
shredder
waste categorized as a hazardous waste, landfill facilities
could no longer use it as ADC. According to an email from DTSC
to the shredder industry, it seems DTSC has extended the
deadline for rescinding shredder waste policy to September 2009,
to provide time to negotiate agreements with each company that
include enforceable schedules.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN:
0002614