Amended in Senate April 22, 2014

Senate Bill No. 1249

Introduced by Senator Hill

February 20, 2014

An act to begin delete repeal and end delete add begin delete Section 25143.6 of end delete begin insert Sections 25150.9, 25150.9.1, and 25150.9.2 to end insert the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

SB 1249, as amended, Hill. Hazardous waste: shredder waste.

begin delete

(1) Existing law requires hazardous waste to be managed in accordance with the hazardous waste control laws and authorizes the Department of Toxic Substances Control to grant a variance from those requirements, pursuant to a specified procedure. The hazardous waste control laws also require specified California regional water quality control boards to prepare, by February 15, 1988, a list of class III landfills authorized to accept and dispose of shredder waste. A violation of the hazardous waste control laws, including a regulation adopted pursuant to those laws, is a crime.

end delete begin delete

This bill would repeal the provision requiring the regional boards to prepare that list and would instead require the department, notwithstanding that variance procedure, to adopt regulations to require shredder waste that is derived from automobiles, as specified, to be managed in accordance with the hazardous waste control laws. Since a violation of those regulations would be a crime, the bill would impose a state-mandated local program.

end delete begin insert

(1) The California Integrated Waste Management Act of 1989 requires materials that require special handling, as defined, to be removed from major appliances and vehicles in which they are contained before crushing for transport or transferring to a baler or shredder for recycling.

end insert begin insert

The hazardous waste control laws prohibit a person who is not a certified appliance recycler from removing materials that require special handling from major appliances and imposes specified requirements regarding transporting, delivering, or selling discarded major appliances to a scrap recycling facility. A violation of the hazardous waste control laws is a crime.

end insert begin insert

This bill would authorize, until January 1, 2017, the Department of Toxic Substances Control, in consultation with other state entities, to adopt regulations establishing alternative management standards for a metal shredding facility, including activities conducted within the boundaries of a metal shredding facility, and for the generation, storage, transportation, and disposal of metal shredder residue and treated metal shredder residue, as defined, that would apply in lieu of the hazardous waste management standards if the department performs specified actions. The bill would include among those department actions preparing a preliminary analysis and a final analysis evaluating the hazardous waste management activities to which the management standards would apply. The bill would require the department to provide notice that it proposes to adopt alternative management standards. The bill would prohibit the department from adopting management standards that are less stringent than applicable standards under federal law and would require metal shredder residue and treated metal shredder residue to be disposed of in a specified manner. The bill would, on January 1, 2017, make all hazardous waste determinations and policies, procedures, or guidance issued by the department before January 1, 2014, relating to metal shredder residue or treated metal shredder residue inoperative. Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program.

end insert begin insert

The bill would authorize the department to collect an annual fee from metal shredding facilities at a rate sufficient to cover the costs of the department relating to metal shredding facilities, metal shredder residue, or treated metal shredder residue, as specified.

end insert

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin delete

SECTION 1.  

Section 25143.6 of the Health and Safety Code
is repealed.

end delete

begin delete

SEC. 2.  

Section 25143.6 is added to the Health and Safety
Code, to read:

25143.6.  

(a) Notwithstanding any other provision of this
chapter, including Section 25143, the department shall adopt
regulations that require shredder waste that is derived from
automobiles to be managed in accordance with this chapter.

(b) For purposes of this section, shredder waste that is derived
from automobiles includes, but is not limited to, the glass, fiber,
rubber, automobile liquids, plastics, wood products, cloth, paper,
foam, dirt, and electrical wiring that remain after an automobile
is shredded and all metals have been removed.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25150.9 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25150.9. end insert   

(a) The Legislature finds and declares that this
section is intended to address the unique circumstances associated
with the operation of metal shredding facilities, and the generation
and management of wastes generated by metal shredding facilities.
The Legislature further declares that this section does not set a
precedent applicable to the management, including disposal, of
other hazardous wastes.

(b) For purposes of this section, the following definitions shall
apply:

(1) “Metal shredder aggregate” means the combination of
ferrous metal, nonferrous metal, other recyclable materials, and
nonrecyclable materials that exits from a metal shredding facility.

(2) “Metal shredder residue” means the predominantly
nonmetallic material that remains after conducting physical
separation methods to separate any ferrous or nonferrous metals,
or any other recyclable materials, from the materials created by
a metal shredding facility. Metal shredder residue does not include
the ferrous and nonferrous metals and other recyclable materials
that have been removed from the metal shredder aggregate.

(3) “Metal shredding facility” means an operation that uses a
shredding technique to process end-of-life vehicles, waste
appliances, and other forms of scrap metal to facilitate the
separation and sorting of ferrous metals, nonferrous metals, and
other recyclable materials from nonrecyclable materials that are
components of the end-of-life vehicles, waste appliances, and other
forms of scrap metal. “Metal shredding facility” does not include
a feeder yard, a metal crusher, or a metal baler.

(4) “Scrap metal” includes ferrous metals, nonferrous metals,
aluminum scrap, other metals, and auto bodies, but does not
include aluminum cans, steel cans, or bimetal cans.

(5) “Treated metal shredder residue” means metal shredder
residue that has been chemically treated to alter its chemical
characteristics for purposes of rendering the metal shredder
residue less hazardous or nonhazardous for purposes of classifying
the waste in accordance with the criteria and guidelines adopted
by the department pursuant to Section 25141.

(c) The department, in consultation with the Department of
Resources Recycling and Recovery, the State Water Resources
Control Board, and the State Air Resources Board, may adopt
regulations establishing management standards for metal
shredding facilities and for the generation, storage, transportation,
and disposal of metal shredder residue or treated metal shredder
residue as an alternative to the requirements specified in this
chapter and the regulations adopted pursuant to this chapter, if
the department does all of the following:

(1) Prepares an analysis of the activities to which the
management standards will apply pursuant to subdivision (d). The
department shall first prepare the analysis as a preliminary
analysis and make it available to the public at the same time that
the department gives notice, pursuant to Section 11346.4 of the
Government Code, that it proposes to adopt the alternative
management standards. The department shall include in the notice
a statement that the department has prepared a preliminary
analysis and a statement concerning where a copy of the
preliminary analysis can be obtained. The information in the
preliminary analysis shall be updated and the department shall
make the analysis available to the public as a final analysis not
less than 10 working days before the date that the regulation is
adopted.

(2) Demonstrates at least one of the conclusions set forth in
paragraphs (1) to (4), inclusive, of subdivision (e).

(3) Imposes, as may be necessary, conditions and limitations
as part of the management standards that ensure that the hazardous
waste management activity to which the management standards
will apply will not pose a significant potential hazard to human
health or safety or to the environment.

(d) Before the department gives notice of a proposal to adopt
the management standards pursuant to subdivision (c), and before
the department adopts the regulation, the department shall evaluate
the hazardous waste management activities and prepare, as
required by paragraph (1) of subdivision (c), an analysis that
addresses all of the following aspects of the activity, to the extent
that the management standards can affect these aspects of the
activity:

(1) The types of hazardous waste and the estimated amounts of
each hazardous waste that are managed as part of the activity and
the hazards to human health or safety or to the environment posed
by reasonably foreseeable mismanagement of those hazardous
wastes and their hazardous constituents. The estimate of the
amounts of each hazardous waste that are managed as part of the
activity shall be based upon information reasonably available to
the department.

(2) The complexity of the activity, and the amount and
complexity of operator training, equipment installation and
maintenance, and monitoring that are required to ensure that the
activity is conducted in a manner that safely and effectively
manages each hazardous waste.

(3) The chemical or physical hazards that are associated with
the activity and the degree to which those hazards are similar to,
or different from, the chemical or physical hazards that are
associated with the production processes that are carried out in
the facilities that produce the hazardous waste that is managed
as part of the activity.

(4) The types of accidents that might reasonably be foreseen to
occur during the management of particular types of hazardous
waste streams as part of the activity, the likely consequences of
those accidents, and the actual reasonably available accident
history associated with the activity.

(5) The types of locations at which the activity may be carried
out, an estimate of the number of these locations, and the types of
hazards that may be posed by proximity to the land uses described
in Section 25227. The estimate of the number of locations at which
the activity may be carried out shall be based upon information
reasonably available to the department.

(e) The department shall not give notice proposing the adoption
of, and the department shall not adopt, a regulation pursuant to
subdivision (c) unless it first demonstrates at least one of the
following, using the information developed in the analysis prepared
pursuant to subdivision (d):

(1) The requirements that the management standards replace
are not significant or important in either of the following situations:

(A) Preventing or mitigating potential hazards to human health
or safety or to the environment posed by the activity.

(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.

(2) A requirement is imposed and enforced by another public
agency that provides protection of human health and safety and
the environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, that the
management standards replace.

(3) Conditions or limitations imposed as part of the management
standards will provide protection of human health and safety and
the environment equivalent to the requirement, or requirements,
that the management standards replace.

(4) Conditions or limitations imposed as part of the management
standards accomplish the same regulatory purpose as the
requirement, or requirements, that the management standards
replace, but at less cost or with greater administrative convenience,
and without increasing potential risks to human health or safety
or to the environment.

(f) The department shall not adopt management standards
pursuant to this section if those standards are less stringent than
the standards that would otherwise apply under the federal act.

(g) The management standards adopted by the department
pursuant to this section shall establish requirements that apply
not only to the generation, management, and disposal of metal
shredder residue or treated metal shredder residue, but shall apply
to all activities being conducted within the boundaries of any metal
shredding facility.

(h) The management standards adopted by the department
pursuant to this section may, to the extent it is consistent with the
standards that would otherwise apply under the federal act, allow
for metal shredder residue or treated metal shredder residue to
be classified and managed as nonhazardous waste, provided that
the analysis prepared pursuant to subdivision (d) demonstrates
that classification and management as hazardous waste is not
necessary to prevent or mitigate potential hazards to human health
or safety or to the environment posed by the metal shredder residue
or treated metal shredder residue.

(i) Notwithstanding Sections 25189.5 and 25201, metal shredder
residue or treated metal shredder residue shall be disposed of in
either a class I hazardous waste landfill or, if the management
standards adopted by the department pursuant to this section result
in it being classified as a nonhazardous waste, in a composite-lined
portion of a solid waste landfill unit that meets all requirements
applicable to the disposal of municipal solid waste in California
after October 9, 1993, and that is regulated by waste discharge
requirements issued pursuant to Division 7 (commencing with
Section 13000) of the Water Code for discharges of designated
waste, as defined in Section 13173 of the Water Code, or metal
shredder residue or treated metal shredder residue.

(j) On January 1, 2017, all hazardous waste determinations
and policies, procedures, or guidance issued by the department
before January 1, 2014, governing or related to the generation,
treatment, and management of metal shredder residue or treated
metal shredder residue are inoperative and have no further effect.

(k) The authority of the department to adopt original regulations
pursuant to this section shall remain in effect only until January
1, 2017, unless a later enacted statute, which is enacted before
January 1, 2017, deletes or extends that date. This subdivision
does not invalidate any regulation adopted pursuant to this section
before the expiration of the department’s authority.

(l) A regulation adopted pursuant to this section on or before
January 1, 2017, shall continue in force and effect after that date,
until repealed or revised by the department.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 25150.9.1 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25150.9.1. end insert   

The department is authorized to collect an annual
fee from all metal shredding facilities that are subject to the
requirements of this chapter or to the management standards
adopted pursuant to Section 25150.9. The department shall
establish and adopt by regulation a fee schedule that is set at a
rate sufficient to reimburse the department’s costs to adopt, and
amend as necessary, the management standards for metal
shredding facilities, to analyze samples of metal shredder residue
or treated metal shredder residue from all metal shredding
facilities, and to inspect all metal shredding facilities, as well as
transporters and facilities where metal shredder residue or treated
metal shredder residue are disposed, to ensure compliance with
the management standards adopted pursuant to Section 25150.9,
pursuant to this chapter. The fee schedule established by the
department may be updated periodically as necessary.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 25150.9.2 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 25150.9.2. end insert   

If metal shredder residue or treated metal shredder
residue is accepted by a solid waste landfill that manages and
disposes of the metal shredder residue or treated metal shredder
residue in accordance with the management standards adopted
by the department pursuant to Section 25150.9, the metal shredder
residue or treated metal shredder residue, upon acceptance by the
solid waste landfill, shall thereafter be deemed to be a solid waste,
and not a hazardous waste, for purposes of this chapter and Section
40191 of the Public Resources Code.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.