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AB-2474 Hazardous waste: identification: testing.(2017-2018)

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Date Published: 09/01/2018 04:00 AM
AB2474:v94#DOCUMENT

Enrolled  August 31, 2018
Passed  IN  Senate  August 27, 2018
Passed  IN  Assembly  August 29, 2018
Amended  IN  Senate  June 11, 2018
Amended  IN  Assembly  May 25, 2018
Amended  IN  Assembly  April 17, 2018
Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2474


Introduced by Assembly Member Quirk

February 14, 2018


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2474, Quirk. Hazardous waste: identification: testing.
Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. 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 regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.
This bill would authorize the department, to the extent that funds are available for this purpose, to evaluate any of specified tests to determine whether the tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste, consistent with the requirements of the hazardous waste control laws. The bill would require the department, if it finds that any of the specified tests can be adapted, to authorize the use of each test found appropriate, as adapted, as an alternative to the fish mortality testing method described above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) (1) To the extent that funds are available for this purpose, the department may evaluate any of the following tests to determine whether the tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:
(A) The Organisation for Economic Co-operation and Development’s Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.
(B) The United States Environmental Protection Agency’s Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, Fifth Edition, EPA-821-R-01-012, Test Method 2002.0 or Test Method 2021.0.
(2) If the department finds that any of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations, as it read on January 1, 2018.