Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1966

Introduced by Assembly Member Patterson

February 19, 2014

An act to amend begin delete Section 25214.11 end delete begin insert Sections 25141 and 25150 end insert of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1966, as amended, Patterson. begin delete Hazardous waste: toxics: packaging. end delete begin insert Hazardous waste: regulations. end insert

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Existing law requires the Department of Toxic Substances Control to establish programs for and regulate hazardous waste source reduction. Existing law requires the department to prepare, adopt, and revise, when appropriate, a listing of the wastes that are determined to be hazardous, and a listing of the wastes that are determined to be extremely hazardous. Existing law requires the department to develop, and adopt by regulation, criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing law also requires the department to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, domestic livestock, wildlife, or the environment. Regulations adopted by the department pursuant to these provisions provide for a hazardous waste management system, which refers to the “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as specified.

end insert begin insert

This bill would require the department to update, by June 1, 2015, and periodically thereafter as appropriate, the above-described regulations relating to the use of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as specified.

end insert begin delete

The Toxics in Packaging Prevention Act generally prohibits a manufacturer or supplier from offering for sale or for promotional purposes in this state a package or packaging component that includes intentionally introduced lead, mercury, cadmium, or hexavalent chromium in the package or in a packaging component. Existing law makes a statement of legislative findings and declarations regarding the act.

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This bill would make a technical, nonsubstantive change to that statement.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 25141 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25141.  

(a) The department shall develop and adopt by
regulation criteria and guidelines for the identification of hazardous
wastes and extremely hazardous wastes.

(b) The criteria and guidelines adopted by the department
pursuant to subdivision (a) shall identify waste or combinations
of waste, that may do either of the following, as hazardous waste
because of its quantity, concentration, or physical, chemical, or
infectious characteristics:

(1) Cause, or significantly contribute to an increase in mortality
or an increase in serious irreversible, or incapacitating reversible,
illness.

(2) Pose a substantial present or potential hazard to human health
or the environment, due to factors including, but not limited to,
carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative
properties, or persistence in the environment, when improperly
treated, stored, transported, or disposed of, or otherwise managed.

(c) Except as provided in Section 25141.5, any regulations
adopted pursuant to this section for the identification of hazardous
waste as it read on January 1, 1995, which are in effect on January
1, 1995, shall be deemed to comply with the intent of this section
as amended by this act during the 1995 portion of the 1995-96
Regular Session of the Legislature.

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(d) The department shall update by June 1, 2015, and
periodically thereafter as appropriate, its regulations relating to
the use of “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication SW-846, in the
criteria and guidelines developed pursuant to subdivision (a) to
reflect all updates to that publication adopted before and after the
enactment of the act that added this subdivision.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25150 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25150.  

(a)  The department shall adopt, and revise when
appropriate, standards and regulations for the management of
hazardous wastes to protect against hazards to the public health,
to domestic livestock, to wildlife, or to the environment.

(b) The department and the local officers and agencies
authorized to enforce this chapter pursuant to subdivision (a) of
Section 25180 shall apply the standards and regulations adopted
pursuant to subdivision (a) to the management of hazardous waste.

(c) Except as provided in subdivision (d), the department may
limit the application of the standards and regulations adopted or
revised pursuant to subdivision (a) at facilities operating pursuant
to a hazardous waste facilities permit or other grant of authorization
issued by the department in any manner that the department
determines to be appropriate, including, but not limited to, requiring
these facilities to apply for, and receive, a permit modification
prior to the application of the standards and regulations.

(d) The department shall not adopt or revise standards and
regulations which result in the imposition of any requirement for
the management of a RCRA waste that is less stringent than a
corresponding requirement adopted by the Environmental
Protection Agency pursuant to the federal act.

(e) The department shall adopt, and revise when appropriate,
regulations for the recycling of hazardous waste to protect against
hazards to the public health, domestic livestock, wildlife, or to the
environment, and to encourage the best use of natural resources.

(f) Before the adoption of regulations, the department shall
notify all agencies of interested local governments, including, but
not limited to, certified unified program agencies, local governing
bodies, local planning agencies, local health authorities, local
building inspection departments, the Department of Pesticide
Regulation, the Department of the California Highway Patrol, the
Department of Fish and begin delete Game end delete begin insert Wildlife end insert , the Department of
Industrial Relations, the Division of begin delete Industrial end delete begin insert Occupational end insert Safety
begin insert and Health end insert , the State Air Resources Board, the State Water
Resources Control Board, the State Fire Marshal, regional water
quality control boards, the State Building Standards Commission,
the Office of Environmental Health Hazard Assessment, and the
begin delete California Integrated Waste Management Board end delete begin insert Department of
Resources Recycling and Recovery end insert .

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(g) The department shall update by June 1, 2015, and
periodically thereafter as appropriate, its regulations relating to
the use of “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods,” EPA Publication SW-846, in the
standards and regulations adopted and revised pursuant to
subdivision (a) to reflect all updates to that publication adopted
before and after the enactment of the act that added this
subdivision.

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begin delete

SECTION 1.  

Section 25214.11 of the Health and Safety Code
is amended to read:

25214.11.  

(a) The Legislature finds and declares all of the
following:

(1) The management of solid waste can pose a wide range of
hazards to public health and safety and to the environment.

(2) Packaging comprises a significant percentage of the overall
solid waste stream.

(3) The presence of heavy metals in packaging is a part of the
total concern regarding the disposal of hazardous constituents in
the solid waste stream, in light of the presence of heavy metals in
emissions or ash when packaging is incinerated, or in leachate
when packaging is disposed of in a solid waste landfill.

(4) Lead, mercury, cadmium, and hexavalent chromium, on the
basis of available scientific and medical evidence, are of particular
concern.

(5) It is desirable, as a first step in reducing the toxicity of
packaging waste and reducing the hazardous materials that may
be disposed of in solid waste landfills, to eliminate the addition of
these heavy metals to packaging.

(6) The intent of this article is to achieve this reduction in
toxicity without impeding or discouraging the expanded use of
recycled materials in the production of packaging and its
components.

(b) This article shall be known, and may be cited, as the “Toxics
in Packaging Prevention Act.”

end delete