BILL NUMBER: SB 524 INTRODUCED
INTRODUCED BY Senator Correa
FEBRUARY 27, 2009
An act to amend Section 25141.5 of the Health and Safety Code,
relating to hazardous waste.
LEGISLATIVE COUNSEL`S DIGEST
SB 524, as introduced, Correa. Hazardous waste: identification and
Existing law requires the Department of Toxic Substances Control
to use specified criteria and procedures for the identification and
regulation of certain types of hazardous waste, unless the department
makes a determination after January 1, 1996, by regulation, that
additional criteria are necessary to protect the public health,
safety, and environment of the state.
The bill would make technical, nonsubstantive changes to those
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25141.5 of the Health and Safety Code is
amended to read:
25141.5. (a) When classifying a waste as hazardous pursuant to
the criteria in paragraph (8) of subdivision (a) of Section 66261.24
of Title 22 of the California Code of Regulations, as that section
read on January 1, 1993, the department shall incorporate the
department`s decision into a regulation, if the department determines
that the waste`s classification as a hazardous waste is likely to
have broad application beyond the producer who initiated the request.
(b) Unless the department makes a determination after January 1,
1996, by regulation, that additional criteria are necessary to
protect the public health, safety, and environment of the state, the
department shall use the following criteria and procedures for the
identification and regulation of the following types of hazardous
(1) In identifying wastes that are hazardous due to the
characteristic of reactivity, the department shall rely on objective
analytical tests, procedures, and numerical thresholds set forth in
the regulations or guidance documents adopted by the United States
Environmental Protection Agency.
(2) (A) On and after January 1, 1997, in
In identifying wastes that are hazardous due to the
characteristic of acute oral toxicity, as defined in the regulations
adopted by the department pursuant to this chapter, the department
shall use an oral LD50 threshold of less than 2,500 milligrams per
kilogram, unless the department adopts revised regulations setting
forth a different threshold for acute oral toxicity, based on a
review and update of the scientific basis for this criterion.
(B) Notwithstanding any other provision of this chapter or the
regulations adopted by the department prior to January 1, 1996, to
the extent consistent with the federal act, the substances listed in
this subparagraph shall not be classified as hazardous waste due
solely to the characteristic of acute oral toxicity. The language in
parentheses following the scientific name of each of the substances
listed in this paragraph describes one or more common uses of each
substance, and is provided for informational purposes only.
(i) Acetic acid (vinegar).
(ii) Aluminum chloride (used in deodorants).
(iii) Ammonium bromide (used in textile finishing and as an
(iv) Ammonium sulfate (used as a food additive and in fertilizer).
(v) Anisole (used in perfumes and food flavoring).
(vi) Boric acid (used in eyewashes and heat resistant glass).
(vii) Calcium fluoride (used to fluoridate drinking water).
(viii) Calcium formate (used in brewing and as a briquette
(ix) Calcium propionate (used as a food additive).
(x) Cesium chloride (used in brewing and in mineral waters).
(xi) Magnesium chloride (used as a flocculating agent).
(xii) Potassium chloride (used as a salt substitute and a food
(xiii) Sodium bicarbonate (baking soda, used in antacids and
(xiv) Sodium borate decahydrate (borax, used in laundry
(xv) Sodium carbonate (soda ash, used in textile processing).
(xvi) Sodium chloride (table salt).
(xvii) Sodium iodide (used as an iodine supplement and in cloud
(xviii) Sodium tetraborate (borax, used in laundry detergents).
(xix) The following oils commonly used as food flavorings:
allspice oil, ceylon cinnamon oil, clarified slurry oil, dill oils,
or lauryl leaf oil.
(3) (A) Except as provided in subparagraph (B), a waste that would
be classified as hazardous solely because it exceeds total threshold
limit concentrations, as defined in regulations adopted by the
department, shall be excluded from classification as a hazardous
waste for purposes of disposal in, and is allowed to be disposed in,
a disposal unit regulated as a permitted class I, II, or III disposal
unit, pursuant to Section 2531 of Title 23, and Sections 20250 and
20260 of Title 27 of the California Code of Regulations, if, prior to
disposal, the waste is managed in accordance with the management
standards adopted by the department, by regulation, if any, for this
specific type of waste.
(B) Subparagraph (A) shall not apply to a hazardous waste that is
a liquid, a sludge or sludge-like material, soil, a solid that is
friable, powdered, or finely divided, a nonfilterable and nonmillable
tarry material, or a waste that contains an organic substance that
exceeds the total threshold limit concentration established by the
department for that substance.
(C) For purposes of this subparagraph (B), the
following definitions shall apply:
(i) A waste is liquid if it meets the test specified in
subdivision (i) of Section 66268.32 of Title 22 of the California
Code of Regulations.
(ii) "Sludge or sludge-like material" means any
a solid, semisolid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant,
water supply treatment plant, or air pollution control facility, but
does not include the treated effluent from wastewater treatment
(iii) "Friable, powdered, or finely divided" has the same meaning
as used in the regulations adopted by the department pursuant to this
(iv) "Nonfilterable and nonmillable tarry material" has the same
meaning as used in the regulations adopted by the department pursuant
to this chapter.
(D) This paragraph does not affect the authority of a city or
county regarding solid waste management under existing provisions of
(c) Any regulations adopted pursuant to subdivision (b) shall be
considered by the Office of Administrative Law as necessary for the
immediate preservation of the public peace, health and safety, and
general welfare, and may be adopted as emergency regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 524
AMENDED: March 31, 2009
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Caroll
SUBJECT : AUTO SHEDDER RESIDUE
Existing law :
1) Pursuant to the Health and Safety Code, defines "hazardous
waste" as a waste that meets any of the criteria for the
identification of a hazardous waste adopted by the
Department of Toxic Substances Control (DTSC).
2) Pursuant to the California Integrated Waste Management Act
of 1989, requires the Integrated Waste Management Board
(IWMB) to evaluate the use of recycling residue for use as
solid waste landfill cover materials or for use as
extenders for currently used cover materials.
3) Pursuant to the Act, excludes from the definition of "solid
waste", hazardous waste and thus prohibits its disposal in
a solid waste landfill.
4) Pursuant to Title 27, Division 2, Subdivision 1, Chapter 3,
Subchapter 4, Article 2, Section 20690 of the California
Code of Regulations, authorizes the use of auto shredder
residue as alternative daily cover (ADC) for solid waste
landfills if treated as specified and is limited to a
minimum compacted thickness of six inches and average
compacted thickness of less than 24 inches.
This bill :
1) Makes extensive findings and declaration relating to auto
shredder residue or "fluff".
2) Requires, on or before February 1, 2010, the California
Environmental Protection Agency (CalEPA) to establish an
auto shredder residue working group, comprised of
representatives of IWMB, DTSC, the Air Resources Board
(ARB), the State Water Resources Control Board (SWRCB),
members of the auto shredder industry, and other interested
3) Requires the working group to do all of the following:
a) Review and evaluate the existing practice of using
treated auto shredder residue as ADC, including
identifying the beneficial economic and environmental
aspects of that use.
b) Determine the environmental and economic effects of
DTSC`s proposed revocation of the current regulatory
classification of treated auto shredder residue and
resulting prohibitions on its use as ADC.
c) Determine whether the current regulatory
classification of treated auto shredder residue poses a
significant threat to human health or the environment.
d) Recommend changes to statute, regulation, or agency
practice, if any, based on the results of the working
4) Requires, on or before December 1, 2010, CalEPA to report
to the Legislature on the findings and recommendations of
the auto shredder residue working group.
5) Prohibits DTSC from altering the current regulatory status
quo authorizing the use of auto shredder residue as ADC
pending the issuance of the report required above.
1) Purpose of Bill . According to the author, for the past two
decades, DTSC and its predecessor agency the Department of
Health Services (DHS) have allowed treated auto shredder
residue to be managed as a nonhazardous waste in
California, under certain prescribed conditions. On
September 29, 2008, DTSC sent a letter to the shredders
notifying them that they were repealing the shredders`
declassification letters and would require all shredders in
California to register as hazardous waste generators.
According to the author, this determination was made
without adequate justification or evidence supporting this
dramatic change in DTSC`s 20 plus year policy. Since a
change in the disposal of auto shredder residue will affect
the IWMB, SWRCB, and the ARB regulations, it is imperative
that a study be conducted prior to any revocation of the
auto shredders` declassification letters.
2) Background: How could something called "fluff" be
hazardous? The shredding of automobiles and major
household appliances produces a waste consisting of
primarily non-metallic materials that remain after the
recyclable metals have been removed. In California, the
waste produced at metal shredding facilities large enough
to shred an automobile has been referred to as "automobile
shredder waste", "auto shedder residue" or affectionately,
"fluff" as these facilities shred a variety of recyclable
According to DTSC, since 1984 "fluff" has been regulated as
a non-Resource Conservation and Recovery Act (RCRA)
hazardous waste in California due to the presence of lead,
cadmium, copper, and zinc at levels above the State`s
regulatory thresholds for those metals. Shredder waste has
been found to contain polychlorinated biphenyls (PCBs) at
concentrations which occasionally exceed the federal and
State regulatory threshold of 50 ppm. Shredder waste is
both a hazardous waste and a recyclable material subject to
California`s Hazardous Waste Control Law and the
regulations that apply to hazardous wastes.
Between 1986 and 1992, California`s DHS and subsequently
DTSC, issued conditional nonhazardous waste classifications
to seven shredder facilities in California who successfully
treated their shredder waste to nonhazardous levels using
similar metals fixation treatment technologies. DHS also
determined that if the treatment of shredder waste was
"in-line" with the shredding operation, authorization for
hazardous waste treatment was not required.
3)Draft Report from DTSC; "California`s Automobile Shredder
Waste Initiative" . This report includes findings from the
Initiative that was financed with grant funds provided by
the United States Environmental Protection Agency through
the Resource Conservation and Recovery Act. The goals of
the Initiative were three fold: evaluate the adequacy of
DTSC`s automobile shredder waste policy; affirm the
regulatory status of the automobile shredders operating in
California; and ensure compliance by the automobile
shredders with the existing statutes and regulations. In
early 2000, DTSC initiated a comprehensive review of its
past policies to ensure that the policies conform to current
laws and regulations, and are still valid considering
current scientific knowledge. One of the policies that came
under review was Policy and Procedure 88-6 entitled "Auto
Shredder Waste Policy and Procedures" and addressing DTSC`s
regulation of both untreated and treated shredder waste. As
part of reviewing the subject policy and meeting the other
goals of the Initiative, it was determined that on-site
surveys would provide the most up-to-date information
regarding the current status of California`s shredder
industry. The draft report recommended that DTSC:
Rescind DTSC Policy and Procedure 88-6 entitled "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; and
Rescind all previously issued nonhazardous waste
classifications for treated shredder waste.
On September 29, 2008, DTSC sent a letter to the shredders
notifying them that the Department was repealing the
shredders` declassification letters and would require all
shredders in California to register as hazardous waste
4)Policy Considerations . The role of DTSC is to ensure that
hazardous wastes are accurately identified and appropriately
managed in California. It is imperative that hazardous
wastes are not disposed of in a solid waste landfill.
However, there are some concerns that the proposed action by
DTSC could seriously disrupt current recycling, ADC, and
disposal practices and it would be beneficial to examine
It is also important to note, that the automobiles are being
built differently today than twenty years ago, thus what is
found in "fluff" twenty years is also different. This,
coupled with the fact that the exemption has been in place
for many years, points to the importance of DTSC and the
auto shedder industry staying abreast of the changing
composition of automobiles to help to reduce the amount of
hazardous materials that actually end up in the "fluff".
5)Amendments Needed . To address the issues raised above,
amendments are needed to clarify and focus the bill.
a) Remove the statements in the bill that pre-dispose the
outcome of the work of the stakeholder group and the
report to the Legislature.
b) Remove section (d) on page 4 that prohibits DTSC from
taking action on this issue until the working group has
issued its report and replace with language that states
DTSC shall not alter its regulatory status without
considering input from the working group.
c) Include language to specify the working group should
also identify constituents in "fluff" that could cause
environmental or public health threats.
d) Include language to require the working group to
identify approaches to work with auto manufacturers to
reduce hazardous materials in automobiles.
SOURCE : Institute of Scrap Recycling Industries
SUPPORT : Republic Services, Inc.
OPPOSITION : None on file
No Users/Politicians Found.