Bill Text: CA AB2748 | 2013-2014 | Regular Session | Chaptered
Bill Title: Hazardous waste: business plans.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 744, Statutes of 2014. [AB2748 Detail]
Download: California-2013-AB2748-Chaptered.html
BILL NUMBER: AB 2748 CHAPTERED
BILL TEXT
CHAPTER 744
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 25, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN SENATE AUGUST 20, 2014
AMENDED IN SENATE AUGUST 7, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Committee on Environmental Safety and Toxic Materials
(Assembly Members Alejo (Chair), Bloom, Stone, and Ting)
(Coauthor: Assembly Member Lowenthal)
MARCH 6, 2014
An act to amend Sections 25217.2, 25507, and 25513 of the Health
and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2748, Committee on Environmental Safety and Toxic Materials.
Hazardous waste: business plans.
(1) Existing law generally prohibits any person from disposing of
latex paint, unless authorized, but allows recyclable latex paint to
be accepted at any location if certain requirements are met,
including that the owners or operators of the location have a
business plan that meets specified requirements.
This bill would repeal the requirement that the owner or operator
of the location have such a business plan in order to accept
recyclable latex paint.
(2) Existing law requires the Secretary for Environmental
Protection to implement a unified hazardous waste and hazardous
materials management regulatory program, including a statewide
information management system, for purposes of receiving data
collected by unified program agencies. A city or local agency that
meets specified requirements is authorized to apply to the secretary
to implement the unified program and be certified as a certified
unified program agency (CUPA), and every county is required to apply
to the secretary to be certified to implement the unified program.
Existing law also requires each CUPA to institute a single-fee
system, with a surcharge on each person regulated by the unified
program to cover the necessary and reasonable costs of the state
agencies in carrying out their responsibilities in the unified
hazardous waste and hazardous materials management regulatory
program.
Existing law requires the CUPA to implement and enforce provisions
that require a business that handles a hazardous material to
establish and implement a business plan. Existing law requires the
business plan to be electronically submitted to the statewide
information management system and requires the local agency to review
and determine whether the business plan satisfies certain
requirements. A person who knowingly violates this provision is
guilty of a misdemeanor.
The California Integrated Waste Management Act of 1989, requires a
manufacturer of architectural paint or designated stewardship
organization to submit to the Department of Resources Recycling and
Recovery an architectural paint stewardship plan to develop and
implement a recovery program to manage the end of life of
postconsumer architectural paint.
This bill would require a business that handles paint that will be
recycled or managed under an architectural paint recovery program
approved by the department to establish and implement a business plan
only if the business handles 10,000 pounds of solid hazardous
materials or 1,000 gallons of liquid hazardous materials. The bill
would prohibit the CUPA from imposing a fee upon a business that is
implementing an approved architectural paint recovery program and
that is exempt from the business plan requirements for the cost of
processing that exemption.
The bill would incorporate changes to Section 25507 of the Health
and Safety Code proposed by both this bill and SB 1261, which would
only become operative if both bills are enacted and become effective
on or before January 1, 2015, and this bill is enacted after SB 1261.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25217.2 of the Health and Safety Code is
amended to read:
25217.2. (a) Recyclable latex paint may be accepted at any
location including, but not limited to, a permanent household
hazardous waste collection facility in accordance with subdivision
(b), if all of the following conditions are met:
(1) The location manages the recyclable latex paint in accordance
with all applicable latex paint product management procedures
specified by federal, state, or local law or regulation that include,
at a minimum, that the recyclable latex paint is stored and handled
in a manner that minimizes the chance of exposing the handler and the
environment to potentially hazardous constituents that may be in, or
have been incidentally added to, the recyclable latex paint.
(2) The recyclable latex paint is still in liquid form and is in
its original packaging or is in a closed container that is clearly
labeled.
(3) Any latex paint that is accepted as recyclable by the location
and that is later discovered to be nonrecyclable shall be deemed to
be a waste generated at the location where the discovery is made and
the latex paint shall be managed as a waste in accordance with this
chapter.
(4) If the recyclable latex paint is not excluded or exempted from
regulation under Chapter I (commencing with Section 1.1) of Title 40
of the Code of Federal Regulations, the location meets all
applicable federal requirements.
(5) The recyclable latex paint is stored for no longer than 180
days.
(b) (1) For purposes of this subdivision the following definitions
shall apply:
(A) "CESQG" means a conditionally exempt small quantity generator,
as specified in subdivision (a) of Section 25218.1.
(B) "Permanent household hazardous waste collection facility" has
the same meaning as defined in subdivision (h) of Section 25218.1.
(2) A permanent household hazardous waste collection facility that
is authorized to accept hazardous waste from a CESQG pursuant to
Section 25218.3 may accept recyclable latex paint from any generator
in accordance with this article if the permanent household hazardous
waste collection facility does all of the following:
(A) Complies with subdivision (a).
(B) Sends the recyclable latex paint, for recycling, to a latex
paint recycling facility operating pursuant to this article.
(C) Maintains a monthly log of the volume of latex paint collected
from each generator and submits that information annually with the
report submitted pursuant to Section 25218.9 for household hazardous
waste collected from household hazardous waste generators.
(3) A permanent household hazardous waste collection facility that
takes the actions specified in paragraph (2) is not subject to
subdivision (b) of Section 25218.3.
(4) A permanent household waste collection facility may take the
action specified in paragraph (2) notwithstanding any permit
condition imposed upon the facility, a regulation adopted by the
department to ensure a household hazardous waste collection facility
does not accept hazardous waste from a commercial generator other
than a CESQG, or the status of the generator.
SEC. 2. Section 25507 of the Health and Safety Code is amended to
read:
25507. (a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the business meets any of the following conditions:
(1) The business handles a hazardous material or a mixture
containing a hazardous material that has a quantity at any one time
during the reporting year that is equal to, or greater than, 55
gallons for materials that are liquids, 500 pounds for solids, or 200
cubic feet for compressed gas. The physical state and quantity
present of mixtures shall be determined by the physical state of the
mixture as whole, not individual components, at standard temperature
and pressure.
(2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.
(3) The business handles at any one time during the reporting year
an amount of a hazardous material that is equal to, or greater than,
the threshold planning quantity, under both of the following
conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) Except as provided in subparagraph (B), a business handles
at any one time during the reporting year a total weight of 5,000
pounds for solids or a total volume of 550 gallons for liquids, if
the hazardous material is a solid or liquid substance that is
classified as a hazard for purposes of Section 5194 of Title 8 of the
California Code of Regulations solely as an irritant or sensitizer,
unless the unified program agency finds, and provides notice to the
business handling the product, that the handling of lesser quantities
of that hazardous material requires the submission of a business
plan, or any portion of a business plan, in response to public
health, safety, or environmental concerns.
(B) If the hazardous material handled by the business is a paint
that will be recycled or otherwise managed under an architectural
paint recovery program approved by the Department of Resources
Recovery and Recycling pursuant to Chapter 5 (commencing with Section
48700) of Part 7 of Division 30 of the Public Resources Code, the
business is required to establish and implement a business plan only
if the business handles at any one time during the reporting year a
total weight of 10,000 pounds of solid hazardous materials or a total
volume of 1,000 gallons of liquid hazardous materials.
(5) (A) The business handles at any one time during the reporting
year a total of 1,000 cubic feet, if the hazardous material is a
compressed gas and is classified as a hazard for the purposes of
Section 5194 of Title 8 of the California Code of Regulations solely
as a compressed gas, unless the unified program agency finds, and
provides notice to the business handling the product, that the
handling of lesser quantities of that hazardous material requires the
submission of a business plan, or any portion thereof, in response
to public health, safety, or environmental concerns.
(B) The unified program agency shall make the findings required by
subparagraph (A) in consultation with the local fire chief.
(C) The hazardous materials subject to subparagraph (A) include a
gas for which the only health and physical hazards are simple
asphyxiation and the release of pressure.
(D) The hazardous materials subject to subparagraph (A) do not
include gases in a cryogenic state.
(6) The business handles a radioactive material at any one time
during the reporting year that is handled in quantities for which an
emergency plan is required to be adopted pursuant to Part 30
(commencing with Section 30.1), Part 40 (commencing with Section
40.1), or Part 70 (commencing with Section 70.1), of Chapter 1 of
Title 10 of the Code of Federal Regulations, or pursuant to any
regulations adopted by the state in accordance with those
regulations.
(7) The business handles perchlorate material, as defined in
subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).
(b) Oxygen, nitrogen, and nitrous oxide, ordinarily maintained by
a physician, dentist, podiatrist, veterinarian, or pharmacist, at his
or her office or place of business, stored at each office or place
of business in quantities of not more than 1,000 cubic feet of each
material at any one time, are exempt from this section and from
Section 25506. The unified program agency may require a one-time
inventory of these materials for a fee not to exceed fifty dollars
($50) to pay for the costs incurred by the agency in processing the
inventory forms.
(c) (1) Lubricating oil is exempt from this section and Sections
25506 and 25508, for a single business facility, if the total volume
of each type of lubricating oil handled at that facility does not
exceed 55 gallons and the total volume of all types of lubricating
oil handled at that facility does not exceed 275 gallons, at any one
time.
(2) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(d) Oil-filled electrical equipment that is not contiguous to an
electric facility is exempt from this section and Sections 25506 and
25508 if the aggregate capacity is less than 1,320 gallons.
(e) Hazardous material contained solely in a consumer product for
direct distribution to, and use by, the general public is exempt from
the business plan requirements of this article unless the unified
program agency has found, and has provided notice to the business
handling the product, that the handling of certain quantities of the
product requires the submission of a business plan, or any portion
thereof, in response to public health, safety, or environmental
concerns.
(f) In addition to the authority specified in subdivision (h), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous substance specified in subdivision (n) of Section 25501
from Section 25506, if it is found that the hazardous substance would
not pose a present or potential danger to the environment or to
human health and safety if the hazardous substance was released into
the environment. The unified program agency shall send a notice to
the office and the secretary within 15 days from the effective date
of any exemption granted pursuant to this subdivision.
(g) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the requirements to
establish and maintain a business plan, upon a written finding that
the exemption would not pose a significant present or potential
hazard to human health or safety or to the environment, or affect the
ability of the unified program agency and emergency rescue personnel
to effectively respond to the release of a hazardous material, and
that there are unusual circumstances justifying the exemption. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(h) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(i) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (g) and (h).
SEC. 2.5. Section 25507 of the Health and Safety Code is amended
to read:
25507. (a) Except as provided in this article, a business shall
establish and implement a business plan for emergency response to a
release or threatened release of a hazardous material in accordance
with the standards prescribed in the regulations adopted pursuant to
Section 25503 if the business meets any of the following conditions:
(1) (A) The business handles a hazardous material or a mixture
containing a hazardous material that has a quantity at any one time
during the reporting year that is equal to, or greater than, 55
gallons for materials that are liquids, 500 pounds for solids, or 200
cubic feet for compressed gas, as defined in subdivision (i) of
Section 25501. The physical state and quantity present of mixtures
shall be determined by the physical state of the mixture as a whole,
not individual components, at standard temperature and pressure.
(B) For the purpose of this section, for compressed gases, if a
hazardous material or mixture is determined to exceed threshold
quantities at standard temperature and pressure, it shall be reported
in the physical state at which it is stored. If the material is an
extremely hazardous substance, as defined in Section 355.61 of Title
40 of the Code of Federal Regulations, all amounts shall be reported
in pounds.
(2) The business is required to submit chemical inventory
information pursuant to Section 11022 of Title 42 of the United
States Code.
(3) The business handles at any one time during the reporting year
an amount of a hazardous material that is equal to, or greater than
the threshold planning quantity, under both of the following
conditions:
(A) The hazardous material is an extremely hazardous substance, as
defined in Section 355.61 of Title 40 of the Code of Federal
Regulations.
(B) The threshold planning quantity for that extremely hazardous
substance listed in Appendices A and B of Part 355 (commencing with
Section 355.1) of Subchapter J of Chapter I of Title 40 of the Code
of Federal Regulations is less than 500 pounds.
(4) (A) Except as provided in subparagraph (B), the business
handles at any one time during the reporting year a total weight of
5,000 pounds for solids or a total volume of 550 gallons for liquids,
if the hazardous material is a solid or liquid substance that is
classified as a hazard for purposes of Section 5194 of Title 8 of the
California Code of Regulations solely as an irritant or sensitizer.
(B) If the hazardous material handled by the business is a paint
that will be recycled or otherwise managed under an architectural
paint recovery program approved by the Department of Resources
Recovery and Recycling pursuant to Chapter 5 (commencing with Section
48700) of Part 7 of Division 30 of the Public Resources Code, the
business is required to establish and implement a business plan only
if the business handles at any one time during the reporting year a
total weight of 10,000 pounds of solid hazardous materials or a total
volume of 1,000 gallons of liquid hazardous materials.
(5) The business handles at any one time during the reporting year
crynogenic, refrigerated, or compressed gas in a quantity of 1,000
cubic feet or more at standard temperature and pressure, if the gas
is any of the following:
(A) Classified as a hazard for the purposes of Section 5194 of
Title 8 of the California Code of Regulations only for hazards due to
simple asphyxiation or the release of pressure.
(B) Oxygen, nitrogen, and nitrous oxide ordinarily maintained by a
physician, dentist, podiatrist, veterinarian, pharmacist, or
emergency medical service provider at his or her place of business.
(C) Carbon dioxide.
(D) Nonflammable refrigerant gases, as defined in the California
Fire Code, that are used in refrigeration systems.
(E) Gases used in closed fire suppression systems.
(6) The business handles a radioactive material at any one time
during the reporting year in quantities for which an emergency plan
is required to be considered pursuant to Schedule C (Section 30.72)
of Part 30 (commencing with Section 30.1), Part 40 (commencing with
Section 40.1), or Part 70 (commencing with Section 70.1), of Chapter
1 of Title 10 of the Code of Federal Regulations, or pursuant to any
regulations adopted by the state in accordance with those
regulations.
(7) The business handles perchlorate material, as defined in
subdivision (c) of Section 25210.5, in a quantity at any one time
during the reporting year that is equal to, or greater than, the
thresholds listed in paragraph (1).
(b) The following hazardous materials are exempt from the
requirements of this section:
(1) Refrigerant gases, other than ammonia or flammable gas in a
closed cooling system, that are used for comfort or space cooling for
computer rooms.
(2) Compressed air in cylinders, bottles, and tanks used by fire
departments and other emergency response organizations for the
purpose of emergency response and safety.
(3) (A) Lubricating oil, if the total volume of each type of
lubricating oil handled at a facility does not exceed 55 gallons and
the total volume of all types of lubricating oil handled at that
facility does not exceed 275 gallons, at any one time.
(B) For purposes of this paragraph, "lubricating oil" means oil
intended for use in an internal combustion crankcase, or the
transmission, gearbox, differential, or hydraulic system of an
automobile, bus, truck, vessel, airplane, heavy equipment, or other
machinery powered by an internal combustion or electric powered
engine. "Lubricating oil" does not include used oil, as defined in
subdivision (a) of Section 25250.1.
(4) Both of the following, if the aggregate storage capacity of
oil at the facility is less than 1,320 gallons:
(A) Fluid in a hydraulic system.
(B) Oil-filled electrical equipment that is not contiguous to an
electric facility.
(5) Hazardous material contained solely in a consumer product,
handled at, and found in, a retail establishment and intended for
sale to, and for the use by, the public. The exemption provided for
in this paragraph shall not apply to a consumer product handled at
the facility which manufactures that product, or a separate warehouse
or distribution center of that facility, or where a product is
dispensed on the retail premises.
(6) Propane that is for on-premises use, storage, or both, in an
amount not to exceed 500 gallons, that is for the sole purpose of
cooking, heating employee work areas, and heating water within that
business, unless the uniform program agency finds, and provides
notice to the business handling the propane, that the handling of the
on-premises propane requires the submission of a business plan, or
any portion of a business plan, in response to public health, safety,
or environmental concerns.
(c) In addition to the authority specified in subdivision (e), the
governing body of the unified program agency may, in exceptional
circumstances, following notice and public hearing, exempt a
hazardous material specified in subdivision (n) of Section 25501 from
Section 25506, if it is found that the hazardous material would not
pose a present or potential danger to the environment or to human
health and safety if the hazardous material was released into the
environment. The unified program agency shall send a notice to the
office and the secretary within 15 days from the effective date of
any exemption granted pursuant to this subdivision.
(d) The unified program agency, upon application by a handler, may
exempt the handler, under conditions that the unified program agency
determines to be proper, from any portion of the requirements to
establish and maintain a business plan, upon a written finding that
the exemption would not pose a significant present or potential
hazard to human health or safety or to the environment, or affect the
ability of the unified program agency and emergency response
personnel to effectively respond to the release of a hazardous
material, and that there are unusual circumstances justifying the
exemption. The unified program agency shall specify in writing the
basis for any exemption under this subdivision.
(e) The unified program agency, upon application by a handler, may
exempt a hazardous material from the inventory provisions of this
article upon proof that the material does not pose a significant
present or potential hazard to human health and safety or to the
environment if released into the workplace or environment. The
unified program agency shall specify in writing the basis for any
exemption under this subdivision.
(f) The unified program agency shall adopt procedures to provide
for public input when approving applications submitted pursuant to
subdivisions (d) and (e).
SEC. 3. Section 25513 of the Health and Safety Code is amended to
read:
25513. (a) Each administering county or city may, upon a majority
vote of the governing body, adopt a schedule of fees to be collected
from each business required to submit a business plan pursuant to
this article that is within its jurisdiction. The governing body may
provide for the waiver of fees when a business, as defined in
paragraph (3), (4), or (5) of subdivision (c) of Section 25501,
submits a business plan. The fee shall be set in an amount sufficient
to pay only those costs incurred by the unified program agency in
carrying out this article. In determining the fee schedule, the
unified program agency shall consider the volume and degree of hazard
potential of the hazardous materials handled by the businesses
subject to this article.
(b) A unified program agency shall not impose a fee upon a
business that is implementing an architectural paint recovery program
approved by the Department of Resources Recovery and Recycling
pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of
Division 30 of the Public Resources Code and that is exempt from the
business plan requirements pursuant to subparagraph (B) of paragraph
(4) of subdivision (a) of Section 25507, for the cost of processing
that exemption.
SEC. 4. Section 2.5 of this bill incorporates amendments to
Section 25507 of the Health and Safety Code proposed by both this
bill and SB 1261. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 25507 of the Health and Safety Code, and (3)
this bill is enacted after SB 1261, in which case Section 2 of this
bill shall not become operative.
