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California - SB 524 - Solid waste: auto shredder residue
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Introduced
SENATE PASSED
HOUSE PASSED
SIGNED BY GOVERNOR

1/22/2009
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Policy Becomes Law


  • Policy Overview
  • An act to add and repeal Section 42173 of the Public Resources Code, relating to solid waste.

    BILL NUMBER: SB 524	INTRODUCED
    BILL TEXT
    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
    regulation.
    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
    provisions.
    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
    waste:
    (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
    anticorrosive agent).
    (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
    binder).
    (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
    additive).
    (xiii) Sodium bicarbonate (baking soda, used in antacids and
    mouthwashes).
    (xiv) Sodium borate decahydrate (borax, used in laundry
    detergents).
    (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
    seeding).
    (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
    plants.
    (iii) "Friable, powdered, or finely divided" has the same meaning
    as used in the regulations adopted by the department pursuant to this
    chapter.
    (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
    law.
    (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.
  • Summary/Fact Sheet Title
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  •           

               COMPLETE BILL HISTORY

              

              BILL NUMBER : S.B. No. 524

              Latest Vote

              AUTHOR : Correa

              TOPIC : Solid waste: auto shredder residue.

              

              TYPE OF BILL :

               Active

  • View Analysis
  • 2009-04-24 00:00:00

    BILL ANALYSIS                                                                                                                                                                                                    

    SB 524


    SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
    Senator S. Joseph Simitian, Chairman
    2009-2010 Regular Session

    BILL NO: SB 524
    AUTHOR: Correa
    AMENDED: March 31, 2009
    FISCAL: Yes HEARING DATE: April 27, 2009
    URGENCY: No CONSULTANT: Caroll
    Mortensen

    SUBJECT : AUTO SHEDDER RESIDUE

    SUMMARY :

    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


    SB 524
    Page 2

    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
    stakeholders.

    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
    group`s analysis.

    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.

    COMMENTS :

    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


    SB 524
    Page 3

    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
    metals.

    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


    SB 524
    Page 4

    "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
    generators.

    4)Policy Considerations . The role of DTSC is to ensure that


    SB 524
    Page 5

    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
    potential changes.

    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.
    Specifically:

    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.
    SA Recycling


    SB 524
    Page 6
    OPPOSITION : None on file


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