Bill Text: CA AB2748 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: AB 2748 AMENDED
BILL TEXT
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, as amended, 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 a business that handles 5,000 pounds of solids or 550
gallons of liquids that are classified as a hazard solely as an
irritant or sensitizer to establish and implement a business plan for
emergency response to a release, or threatened release, of the
hazardous material, as specified, unless the CUPA finds, and notifies
the business, that the handling of lesser quantities of that
hazardous material requires the submission of a business plan or any
portion of 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 repeal the requirement that a business
submit a business plan or any portion of the business plan if the
CUPA finds that the handling of lesser quantities requires the
submission of the business plan. This bill would also
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 implem ent a business plan
only if the business handles 10,000 pounds of solids
solid hazardous materials or 1,000 gallons of
liquids that are hazardous materials to establish and
implement a business plan if the solid or liquid is a paint that will
be recycled or managed under a stewardship program, as specified. By
requiring additional businesses to submit business plans subject to
review by a local agency, this bill would increase the duties of
local officials and impose a state-mandated local program. By
changing the scope of a crime, this bill would impose a
state-mandated local program. liquid hazardous
materials. The bill would authorize the CUPA to charge
a one-time fee, not to exceed $100, to would prohibit
the CUPA from imposing a fee upon a business that
handles less than the above-described amounts of paint that is
recycled or otherwise managed under a stewardship program. The bill
would provide that these fees shall not exceed the CUPA's costs of
carrying out its responsibilities relating to these businesses.
is implementing an approved architectural paint
recovery program and that is exempt from the business plan
requirements for the cost of processing that exemption.
(3) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
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) 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) The business handles at any one time during the reporting
year a total weight of 10,000 pounds for solids or a total volume of
1,000 gallons for liquids if the hazardous material is a solid or
liquid substance that is a paint that will be recycled or otherwise
managed under a stewardship program approved by the department.
(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 (o) 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. 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) The 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) The unified program agency shall make the findings
required by subparagraph (A) in consultation with the local fire
chief. 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 (o)
(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. 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 may charge a one-time fee,
not to exceed one hundred dollars ($100), to a business described in
subparagraph (B) of paragraph (4) of subdivision (a) of Section
25507. The fees collected pursuant to this subdivision shall not
exceed the administrative costs of the unified program agency in
carrying out its responsibilities relating to these businesses.
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. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
