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AB-1966 Hazardous waste: regulations.(2013-2014)

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AB1966:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1966


Introduced by Assembly Member Patterson

February 19, 2014


An act to amend Section 25214.11 Sections 25141 and 25150 of the Health and Safety Code, relating to hazardous waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1966, as amended, Patterson. Hazardous waste: toxics: packaging. Hazardous waste: regulations.
Existing law requires the Department of Toxic Substances Control to establish programs for and regulate hazardous waste source reduction. Existing law requires the department to prepare, adopt, and revise, when appropriate, a listing of the wastes that are determined to be hazardous, and a listing of the wastes that are determined to be extremely hazardous. Existing law requires the department to develop, and adopt by regulation, criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing law also requires the department to adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, domestic livestock, wildlife, or the environment. Regulations adopted by the department pursuant to these provisions provide for a hazardous waste management system, which refers to the “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as specified.
This bill would require the department to update, by June 1, 2015, and periodically thereafter as appropriate, the above-described regulations relating to the use of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, as specified.

The Toxics in Packaging Prevention Act generally prohibits a manufacturer or supplier from offering for sale or for promotional purposes in this state a package or packaging component that includes intentionally introduced lead, mercury, cadmium, or hexavalent chromium in the package or in a packaging component. Existing law makes a statement of legislative findings and declarations regarding the act.

This bill would make a technical, nonsubstantive change to that statement.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 25141 of the Health and Safety Code is amended to read:

25141.
 (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.
(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:
(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.
(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 1995–96 Regular Session of the Legislature.
(d) The department shall update by June 1, 2015, and periodically thereafter as appropriate, its regulations relating to the use of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, in the criteria and guidelines developed pursuant to subdivision (a) to reflect all updates to that publication adopted before and after the enactment of the act that added this subdivision.

SEC. 2.

 Section 25150 of the Health and Safety Code is amended to read:

25150.
 (a)  The department shall adopt, and revise when appropriate, standards and regulations for the management of hazardous wastes to protect against hazards to the public health, to domestic livestock, to wildlife, or to the environment.
(b) The department and the local officers and agencies authorized to enforce this chapter pursuant to subdivision (a) of Section 25180 shall apply the standards and regulations adopted pursuant to subdivision (a) to the management of hazardous waste.
(c) Except as provided in subdivision (d), the department may limit the application of the standards and regulations adopted or revised pursuant to subdivision (a) at facilities operating pursuant to a hazardous waste facilities permit or other grant of authorization issued by the department in any manner that the department determines to be appropriate, including, but not limited to, requiring these facilities to apply for, and receive, a permit modification prior to the application of the standards and regulations.
(d) The department shall not adopt or revise standards and regulations which result in the imposition of any requirement for the management of a RCRA waste that is less stringent than a corresponding requirement adopted by the Environmental Protection Agency pursuant to the federal act.
(e) The department shall adopt, and revise when appropriate, regulations for the recycling of hazardous waste to protect against hazards to the public health, domestic livestock, wildlife, or to the environment, and to encourage the best use of natural resources.
(f) Before the adoption of regulations, the department shall notify all agencies of interested local governments, including, but not limited to, certified unified program agencies, local governing bodies, local planning agencies, local health authorities, local building inspection departments, the Department of Pesticide Regulation, the Department of the California Highway Patrol, the Department of Fish and Game Wildlife, the Department of Industrial Relations, the Division of Industrial Occupational Safety and Health, the State Air Resources Board, the State Water Resources Control Board, the State Fire Marshal, regional water quality control boards, the State Building Standards Commission, the Office of Environmental Health Hazard Assessment, and the California Integrated Waste Management Board Department of Resources Recycling and Recovery.
(g) The department shall update by June 1, 2015, and periodically thereafter as appropriate, its regulations relating to the use of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, in the standards and regulations adopted and revised pursuant to subdivision (a) to reflect all updates to that publication adopted before and after the enactment of the act that added this subdivision.

SECTION 1.Section 25214.11 of the Health and Safety Code is amended to read:
25214.11.

(a)The Legislature finds and declares all of the following:

(1)The management of solid waste can pose a wide range of hazards to public health and safety and to the environment.

(2)Packaging comprises a significant percentage of the overall solid waste stream.

(3)The presence of heavy metals in packaging is a part of the total concern regarding the disposal of hazardous constituents in the solid waste stream, in light of the presence of heavy metals in emissions or ash when packaging is incinerated, or in leachate when packaging is disposed of in a solid waste landfill.

(4)Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern.

(5)It is desirable, as a first step in reducing the toxicity of packaging waste and reducing the hazardous materials that may be disposed of in solid waste landfills, to eliminate the addition of these heavy metals to packaging.

(6)The intent of this article is to achieve this reduction in toxicity without impeding or discouraging the expanded use of recycled materials in the production of packaging and its components.

(b)This article shall be known, and may be cited, as the “Toxics in Packaging Prevention Act.”