AB 628: Used oil.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-02-24
Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and, for those purposes, defines used oil to mean oil that has been refined from crude oil, or any synthetic oil, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities.
This bill would clarify that the synthetic oil referred to in the definition of used oil may be from any source.
(a)As used in this article, the following terms have the following meaning:
(1)(A)Used oil means all of the following:
(i)Oil that has been refined from crude oil, or any synthetic oil, oil from any source, that has been used, and, as a result of use or as a consequence of extended storage, or spillage, has been contaminated with physical or chemical impurities.
(ii)Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(B)Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings.
(C)Used oil does not include any of the following:
(i)Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel.
(ii)(I)Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil.
(II)For purposes of this clause, de minimis quantities of used oil are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations.
(III)This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.
(iii)Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(iv)Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 ppm or greater.
(v)(I)Oil containing more than 1000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(II)A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III).
(III)The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from conditionally exempt small quantity generators, as defined in Section 261.5 of Title 40 of the Code of Federal Regulations. Nothing in this subclause authorizes any person to violate the prohibition specified in Section 25250.7.
(2)Board means the California Integrated Waste Management Board.
(3)(A)Recycled oil means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive:
(i)Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7.
(ii)The recycled oil meets one of the following requirements:
(I)The recycled oil is produced by a generator lawfully recycling its oil.
(II)The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B).
(III)The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state.
(iii)Has been prepared for reuse and meets all of the following standards:
(I)The oil meets the standards of purity set forth in subparagraph (B).
(II)If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B).
(III)The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV)The oil is not subject to regulation as a hazardous waste under the federal act.
(V)If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B).
(B)The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards:
(i)Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit.
(ii)Total lead: 50 mg/kg or less.
(iii)Total arsenic: 5 mg/kg or less.
(iv)Total chromium: 10 mg/kg or less.
(v)Total cadmium: 2 mg/kg or less.
(vi)Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(vii)Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C)Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology utilized to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision.
(D)This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal.
(4)Used oil recycling facility means a facility that reprocesses or re-refines used oil.
(5)Used oil storage facility means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil.
(6)Used oil transfer facility means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3.
(7)(A)For purposes of this section and Section 25250.7 only, contaminated petroleum product means a product that meets all of the following conditions:
(i)It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent.
(ii)It has not been used for its original intended purpose.
(iii)It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(iv)It has not been mixed with a hazardous waste other than another contaminated petroleum product.
(B)Nothing in this section or Section 25250.7 shall be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter.
(b)Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department:
(1)The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions:
(A)The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a).
(B)The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a).
(C)The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(D)The used oil is not subject to regulation as either hazardous waste or used oil under the federal act.
(E)The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19.
(F)The used oil is not disposed of or used in a manner constituting disposal.
(2)The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19.
(c)Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 prior to its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria.
(d)Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
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Date
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Status
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|---|---|
| Feb 24, 2015 | Read first time. To print. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
| Mar 9, 2015 | Referred to Com. on E.S. & T.M. |
| Apr 15, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 29, 2015 | From committee: Do pass. (Ayes 6. Noes 1.) (April 28). |
| Apr 30, 2015 | Read second time. Ordered to third reading. |
| May 7, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 7, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 16. Page 1334.) |
| May 21, 2015 | Referred to Com. on E.Q. |
| Jun 23, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
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Date
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Description
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Location
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Votes
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| May 7, 2015 | AB 628 BLOOM Assembly Third Reading | Assembly Floor |
Passed |
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| Apr 28, 2015 | Do pass. | Assembly Standing Committee on Environmental Safety and Toxic Materials |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
AB 628
Page 2
ASSEMBLY THIRD READING
AB 628
(Bloom)
As Introduced February 24, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Environmental Safety |
6-1 |
Alejo, Dahle, Gonzalez, Gray, McCarty, Ting |
Gallagher |
SUMMARY: Includes all synthetic oil within the state definition of used oil.
EXISTING LAW:
Establishes management standards for used oil including:
Defines "used oil" and "recycled oil" as oils that meet specified characteristics including flashpoint and contaminant levels;
Establishes transportation, testing and storage requirements for used oil; and,
Requires testing of each truckload of used oil before it is shipped to a transfer facility, recycling facility or a facility located out-of-state. Requires that the used oil not have a flashpoint of more than 100 degrees Fahrenheit, a concentration of polychlorinated biphenyls of more than five parts per million (ppm), and a concentration of under 1000 ppm of halogens.
Pursuant to the California Oil Recycling Enhancement Act, rerefined oil must currently meet the following criteria:
Have a lubricant base stock or oil base that has been derived from used oil;
Be capable of meeting the Physical and Compositional Properties, in addition to the Contaminants and Toxicological Properties, as defined under the American Society for Testing and Materials standard; and,
Have had its producer provide a purchaser of that base stock with information that certifies that the rerefined base stock is rerefined oil.
FISCAL EFFECT: None
COMMENTS:
Need for the bill: According to the author, "Varying interpretations of state and federal law related to the treatment of used oil are creating unintended barriers to expanding the market for recycling of high quality biosynthetic motor oils. Many companies have spent years developing bio-based, biosynthetic motor oils for use in automobiles. Independent testing not only shows biosynthetic motor oils to be among the highest rated products for protecting engines and machinery, they also are bio-based, biodegradable, nontoxic, and do not bio-accumulate in marine organisms… AB 628 seeks to update and clarify existing law surrounding the regulation of these blended used oils."
According to the United States Environmental Protection Agency (U.S. EPA), "Used oil is any oil that has been refined from crude oil or any synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities. Simply put, used oil is exactly what its name implies—any petroleum-based or synthetic oil that has been used."
There are two rerefineries in the U.S. that produce the base oil by Safety-Kleen in California and Illinois. Unocal, Chevron, Safety-Kleen, Coast Oil, Rosemead Oil, and Lyondell are the major oil blenders. Typically, an oil blender will purchase base stock from the rerefinery and combine it with an additive package to meet specific performance requirements. Rerefined oil comes in a variety of blends, suitable for different types of gas and diesel engines.
Disagreement over the U.S. EPA definition of used oil: In response to a request for clarification by the sponsors of this bill, the U.S. EPA Office of Resource Conservation and Recovery reported that, "While our 1997 policy regarding vegetable and animals oil addressed only those oils derived solely from plant or animal sources, that policy did not envision those situation where such oil would be mixed with conventional motor oils prior to use. We believe that such formulations, once used, could be regulated as used oil under part 279, because the resulting used oil still fits within the used oil definition. We do not believe the definition of used oil precluded third use of additives in oil formulations."
Prior legislation:
SB 916 (Correa) of 2014 would have provided definitions similar to this bill for biosynthetic oil. AB 916 was subsequently amended to deal with firearms and was held in the Assembly Public Safety Committee.
Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0000221
AB 628
Page 3
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 628
(Bloom) – As Introduced February 24, 2015
SUBJECT: Used oil
SUMMARY: Includes all synthetic oil within the state definition of used oil.
EXISTING LAW:
Establishes management standards for used oil including:
Defines “used oil" and "recycled oil” as oils that meet specified characteristics including flashpoint and contaminant levels;
Establishes transportation, testing and storage requirements for used oil; and,
Requires testing of each truckload of used oil before it is shipped to a transfer facility, recycling facility or a facility located out-of-state. Requires that the used oil not have a flashpoint of more than 100 degrees Fahrenheit, a concentration of polychlorinated biphenyls of more than five parts per million (ppm), and a concentration of under 1000 ppm of halogens.
Pursuant to the California Oil Recycling Enhancement Act, rerefined oil must currently meet the following criteria:
Have a lubricant base stock or oil base that has been derived from used oil;
Be capable of meeting the Physical and Compositional Properties, in addition to the Contaminants and Toxicological Properties, as defined under the American Society for Testing and Materials standard; and,
Have had its producer provide a purchaser of that base stock with information that certifies that the rerefined base stock is rerefined oil.
Provides that used oil means any oil that has been refined from crude oil, or any synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities pursuant to federal regulation (40 CFR Part 279).
FISCAL EFFECT: Non fiscal.
COMMENTS:
Need for the bill: According to the author, "Varying interpretations of state and federal law related to the treatment of used oil are creating unintended barriers to expanding the market for recycling of high quality biosynthetic motor oils. Many companies have spent years developing bio-based, biosynthetic motor oils for use in automobiles. Independent testing not only shows biosynthetic motor oils to be among the highest rated products for protecting engines and machinery, they also are bio-based, biodegradable, nontoxic, and do not bio-accumulate in marine organisms… AB 628 seeks to update and clarify existing law surrounding the regulation of these blended used oils."
According to the United States Environmental Protection Agency (US EPA), "Used oil is any oil that has been refined from crude oil or any synthetic oil that has been used and as a result of such use is contaminated by physical or chemical impurities. Simply put, used oil is exactly what its name implies—any petroleum-based or synthetic oil that has been used."
Management of used oil in California: The California Oil Recycling Enhancement Act, which is administered by the California Department of Resources Recycling and Recovery (CalRecycle), is a law designed to discourage the illegal disposal of used oil. This law requires oil manufacturers to pay to CalRecycle a $0.24/gallon fee. Registered industrial generators, curbside collection programs, and certified collection centers are eligible to receive an incentive payment from CalRecycle.
Rerefined oil products are subject to the same refining, compounding, and performance standards applied to virgin oil products. American Petroleum Institute (API)-licensed rerefined oils must pass the same cold-start, pump ability, rust-corrosion, engine-wear, and high-temperature viscosity tests that virgin oils do. The American Petroleum Institute and American Automobile Manufacturers Association have developed the Engine Oil Licensing Certification System to ensure all engine oils consistently meet performance specifications
There are two rerefineries in the U.S. that produce the base oil; Evergreen Oil in California and Safety-Kleen in Illinois. Unocal, Chevron, Safety-Kleen, Coast Oil, Rosemead Oil, and Lyondell are the major oil blenders. Typically, an oil blender will purchase base stock from the rerefinery and combine it with an additive package to meet specific performance requirements. Rerefined oil comes in a variety of blends, suitable for different types of gas and diesel engines.
Disagreement over the US EPA definition of used oil: In response to a request for clarification by the sponsors of AB 628, the US EPA Office of Resource Conservation and Recovery reported that, "While our 1997 policy regarding vegetable and animals oil addressed only those oils derived solely from plant or animal sources, that policy did not envision those situation where such oil would be mixed with conventional motor oils prior to use. We believe that such formulations, once used, could be regulated as used oil under part 279, because the resulting used oil still fits within the used oil definition. We do not believe the definition of used oil precluded third use of additives in oil formulations."
Arguments in support: A coalition of clean technology firms supporting the addition to the current definition of used oil argue, “AB 628 will update and clarify state law relating to the management of used oil, thus removing any legal confusion and barriers to expanding environmentally preferred and superior performing lubricants in the California market…. Clarifying the definition of “used oil” will create a level playing field in the marketplace by reaffirming and clarifying that all synthetic oils, including biosynthetic oils and synthetic oil blends, may be recycled as “used oil”.”
Arguments in opposition: The oil rerefiner Safety-Kleen has objected to AB 628 and asserts that, "AB 628 directly conflicts with the long-standing federal statutory lase under the Resources Conservation and Recovery Act (RCRA) and, as a result, jeopardizes the state's used oil recycling program."
Prior legislation:
SB 916 (Correa) 2014. Would have provided definitions similar to AB 628 for biosynthetic oil. AB 916 was subsequently amended to deal with firearms and was held in the Assembly Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION:
Support:
Alternative Fuels Advocates, LLC
Biosynthetic Technologies
Biotechnology Industry Association
California Yellow Cab
Dynamic Green Products
Eco•Shift Consulting
Green
Green Earth Technologies
Redwood Innovation Partners
Strategic Ocean Solution
The Westly Group
T2e Energy
Opposition:
Safety-Kleen
Analysis Prepared by: Bob Fredenburg / E.S. & T.M. / (916) 319-3965
Bill Author
Bill Co-Author(s):