AB 2928: Hazardous waste: used oil.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-17
Existing law, as part of the hazardous waste control laws, authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil. Existing law exempts used oil from regulation by the department if the used oil meets the requirements for recycled oil or meets other specified conditions, including that the used oil is not hazardous waste pursuant to criteria adopted by the department. Existing law requires a generator of used oil to test and certify that the used oil meets the conditions for exemption from regulation before transportation from the generator location. A violation of the hazardous waste control laws is a crime.
This bill would provide that the testing of used oil from a generator of highly controlled used oil, as defined, is required only once per year for the purpose of determining whether the used oil is hazardous waste for purposes of the exemption from regulation. The bill would authorize a generator of highly controlled used oil to use the results of that test and any prior tests of the same kind to certify that the used oil is not hazardous waste, as specified. The bill would require a generator of highly controlled used oil to include a signed certification statement with each shipment of that oil that the generator claims is exempt from regulation. The bill would require the generator to maintain with the certification statement records of the tests on which the certification is based and would make the records subject to audit and verification by the Department of Toxic Substances Control, the unified program agency, or the Department of Resources Recycling and Recovery. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, as part of the hazardous waste control laws, authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil. Existing law exempts used oil from regulation by the department if the used oil meets the requirements for recycled oil or meets other specified conditions, including that the used oil is not hazardous waste pursuant to criteria adopted by the department. Existing law requires a generator of used oil to test and certify that the used oil meets the conditions for exemption from regulation before transportation from the generator location. A violation of the hazardous waste control laws is a crime.
This bill would provide that the testing of used oil from a generator of highly controlled used oil, as defined, is required only once per year for the purpose of determining whether the used oil is hazardous waste for purposes of the exemption from regulation. The bill would authorize a generator of highly controlled used oil to use the results of that test and any prior tests of the same kind to certify that the used oil is not hazardous waste, as specified. The bill would require a generator of highly controlled used oil to include a signed certification statement with each shipment of that oil that the generator claims is exempt from regulation. The bill would require the generator to maintain with the certification statement records of the tests on which the certification is based and would make the records subject to audit and verification by the Department of Toxic Substances Control, the unified program agency, or the Department of Resources Recycling and Recovery. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, as part of the hazardous waste control laws, authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil. Existing law exempts used oil from regulation by the department if the used oil meets the requirements for recycled oil or meets other specified conditions, including that the used oil is not hazardous waste pursuant to criteria adopted by the department. Existing law requires a generator of used oil to test and certify that the used oil meets the conditions for exemption from regulation before transportation from the generator location. A violation of the hazardous waste control laws is a crime.
This bill would provide that the testing of used oil from a generator of highly controlled used oil, as defined, is required only once per year for the purpose of determining whether the used oil is hazardous waste for purposes of the exemption from regulation. The bill would authorize a generator of highly controlled used oil to use the results of that test and any prior tests of the same kind to certify that the used oil is not hazardous waste, as specified. The bill would require a generator of highly controlled used oil to include a signed certification statement with each shipment of that oil that the generator claims is exempt from regulation. The bill would require the generator to maintain with the certification statement records of the tests on which the certification is based and would make the records subject to audit and verification by the Department of Toxic Substances Control, the unified program agency, or the Department of Resources Recycling and Recovery. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, as part of the hazardous waste control laws, authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil. Existing law exempts used oil from regulation by the department if the used oil meets the requirements for recycled oil or meets other specified conditions, including that the used oil is not hazardous waste pursuant to criteria adopted by the department. Existing law requires a generator of used oil to test and certify that the used oil meets the conditions for exemption from regulation before transportation from the generator location. A violation of the hazardous waste control laws is a crime.
This bill would provide that the testing of used oil from a generator of highly controlled used oil, as defined, is required only once per year for the purpose of determining whether the used oil is hazardous waste for purposes of the exemption from regulation. The bill would authorize a generator of highly controlled used oil to use the results of that test and any prior tests of the same kind to certify that the used oil is not hazardous waste, as specified. The bill would require a generator of highly controlled used oil to include a certification statement with each shipment of that oil that the generator claims is exempt from regulation. The bill would require the generator to maintain with the certification statement records of the tests on which the certification is based and would make the records subject to audit and verification by the Department of Toxic Substances Control, the unified program agency, or the Department of Resources Recycling and Recovery. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law determines the type of regulation a business generating hazardous waste receives based, in part, on the quantity of that waste the business generates. Existing law requires that a generator of hazardous waste include all hazardous waste that it has generated in any month, except for universal wastes, as defined, when determining that quantity.This bill would make a nonsubstantive change to the provision requiring all hazardous waste generated in any month by a generator to be included in that quantity determination, as provided.Existing law determines the type of regulation a business generating hazardous waste receives based, in part, on the quantity of that waste the business generates. Existing law requires that a generator of hazardous waste include all hazardous waste that it has generated in any month, except for universal wastes, as defined, when determining that quantity.
This bill would make a nonsubstantive change to the provision requiring all hazardous waste generated in any month by a generator to be included in that quantity determination, as provided.
(a)(1)A used oil recycler shall test all recycled oil in accordance with paragraph (2), prior to transportation from the recycling facility, pursuant to applicable methods in the Environmental Protection Agency Document No. Solid Waste 846 or an equivalent alternative method approved or required by the department, and shall ensure and certify the oil as being in compliance with the standards specified in paragraph (3) of subdivision (a) of Section 25250.1.
(2)The used oil recycler shall test the recycled oil for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1, and for any other hazardous characteristics or constituents for which testing is required in the permit issued by the department for the used oil recycling facility. The permit shall require testing for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1. The permit may also require testing for other hazardous characteristics and constituents only if the department finds, based upon evidence in the record, both of the following:
(A)There is a reasonable expectation that the recycled oil may exhibit the hazardous characteristic or contain the hazardous constituent at a level that would cause it to be hazardous waste if the recycled oil were a waste, taking into consideration at least all of the following factors:
(i)The conditions included in the facilitys permit limiting the wastes that may be accepted at the facility and the conditions requiring testing of the wastes accepted at the facility.
(ii)The types of wastes that historically have been accepted by the facility or similar facilities and the types of wastes that the facility can reasonably be expected to accept in the future, including any new products or constituents.
(iii)Previous test results of recycled oil produced by the facility indicating the presence, or lack of the presence, of the constituent or characteristic at a level that would cause it to be hazardous waste if the recycled oil were a waste.
(iv)The treatment technologies and methods authorized in the facilitys permit for production of the recycled oil and the extent to which those treatment technologies and methods remove or reduce the constituents or characteristics from the wastes accepted by the facility.
(B)The hazardous characteristic or constituent cannot reasonably be expected to be present in products produced from crude oil similar to the recycled oil products produced by the facility at levels that would cause the product produced from crude oil to be a hazardous waste if it were a waste.
(3)Records of tests performed pursuant to this subdivision and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department or the Department of Resources Recycling and Recovery. The department shall perform an audit and verification on a periodic basis. The department may charge a reasonable fee for this activity.
(b)(1)A generator claiming that used oil is exempted from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall ensure that all used oil for which the exemption is claimed has been tested and certified as being in compliance with the standards specified in paragraph (1) of subdivision (b) of Section 25250.1, prior to transportation from the generator location. A generator lawfully recycling its own oil shall ensure that all recycled oil has been tested and certified as being in compliance with the requirements specified in paragraph (2) of subdivision (b) of Section 25250.1. Records of tests performed and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(2)Testing to determine if the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 is met shall not be required for dielectric fluid, derived from highly refined petroleum mineral oil, from oil-filled electrical equipment if the generator of the dielectric fluid has certified based on prior test results that the dielectric fluid from similar equipment subject to similar operating conditions did not exhibit the characteristic of toxicity as set forth in Section 66261.24 of Title 22 of the California Code of Regulations. A certification statement shall accompany each shipment of used oil that the generator claims is exempted. Records of prior tests on which the certification is based shall be maintained with the certification by the generator and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(3)(A)Used oil from a generator of highly controlled used oil is required to be tested only once per year for the purpose of determining whether the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1. A generator may use the results of that test and any prior tests of the same kind to certify that the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 and does not exhibit any other characteristic of a hazardous waste pursuant to Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations. A generator shall include a signed certification statement with each shipment of used oil that the generator claims is exempt from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1. The generator shall maintain with the certification statement records of the tests on which the certification is based, which shall be subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(B)For purposes of this paragraph, generator of highly controlled used oil or generator means a generator of used oil for whom all of the following apply:
(i)The generator services, repairs, and maintains equipment owned and operated only by the generator.
(ii)The generator does not derive revenue from the activities described in clause (i).
(iii)The used oil is generated from the generators equipment and that equipment is of similar types that are used under similar operating conditions.
(iv)The generator does not use or store halogenated solvents, or any products containing halogenated solvents, in the same location at the site at which the used oil is generated or stored.
(v)The generator provides a signed certification statement at the time that the generator notifies the department pursuant to subdivision (c) of Section 25250.1 stating that the statements in clauses (i) to (iv), inclusive, are true and that the generator employs management practices that prevent halogenated solvents and polychlorinated biphenyls from coming into contact with, or commingling with, the used oil for which an exemption is claimed pursuant to paragraph (1) of subdivision (b) of Section 25250.1.
(c)Used oil recyclers identified in subdivision (a) and generators identified in subdivision (b) shall record in an operating log and retain for three years the information specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25250.18 on each shipment of recycled or exempted oil.
(d)Operating logs required in subdivision (c) are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(e)(1)If oil produced at a used oil recycling facility in this state meets the standards of purity set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1 and is not hazardous due to the presence of a characteristic or constituent for which the department has made a finding required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a), but the oil is hazardous due to the presence of another constituent or characteristic, the facility operator shall not be subject to a penalty pursuant to this chapter for failing to manage the oil as a hazardous waste, unless both of the following apply:
(A)While the oil was onsite at the facility, the operator of the facility knew, or reasonably should have known, that the oil failed to meet those criteria.
(B)The facility operator failed to take action to manage the oil as a hazardous waste when the oil was determined to be hazardous.
(2)The department may exercise its authority, including, but not limited to, the issuance of an order, to a used oil recycling facility pursuant to Section 25187, to ensure that oil subject to this subdivision is managed as a hazardous waste pursuant to this chapter.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)A used oil recycler shall test all recycled oil in accordance with paragraph (2), prior to transportation from the recycling facility, pursuant to applicable methods in the Environmental Protection Agency Document No. Solid Waste 846 or an equivalent alternative method approved or required by the department, and shall ensure and certify the oil as being in compliance with the standards specified in paragraph (3) of subdivision (a) of Section 25250.1.
(2)The used oil recycler shall test the recycled oil for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1, and for any other hazardous characteristics or constituents for which testing is required in the permit issued by the department for the used oil recycling facility. The permit shall require testing for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1. The permit may also require testing for other hazardous characteristics and constituents only if the department finds, based upon evidence in the record, both of the following:
(A)There is a reasonable expectation that the recycled oil may exhibit the hazardous characteristic or contain the hazardous constituent at a level that would cause it to be hazardous waste if the recycled oil were a waste, taking into consideration at least all of the following factors:
(i)The conditions included in the facilitys permit limiting the wastes that may be accepted at the facility and the conditions requiring testing of the wastes accepted at the facility.
(ii)The types of wastes that historically have been accepted by the facility or similar facilities and the types of wastes that the facility can reasonably be expected to accept in the future, including any new products or constituents.
(iii)Previous test results of recycled oil produced by the facility indicating the presence, or lack of the presence, of the constituent or characteristic at a level that would cause it to be hazardous waste if the recycled oil were a waste.
(iv)The treatment technologies and methods authorized in the facilitys permit for production of the recycled oil and the extent to which those treatment technologies and methods remove or reduce the constituents or characteristics from the wastes accepted by the facility.
(B)The hazardous characteristic or constituent cannot reasonably be expected to be present in products produced from crude oil similar to the recycled oil products produced by the facility at levels that would cause the product produced from crude oil to be a hazardous waste if it were a waste.
(3)Records of tests performed pursuant to this subdivision and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department or the Department of Resources Recycling and Recovery. The department shall perform an audit and verification on a periodic basis. The department may charge a reasonable fee for this activity.
(b)(1)A generator claiming that used oil is exempted from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall ensure that all used oil for which the exemption is claimed has been tested and certified as being in compliance with the standards specified in paragraph (1) of subdivision (b) of Section 25250.1, prior to transportation from the generator location. A generator lawfully recycling its own oil shall ensure that all recycled oil has been tested and certified as being in compliance with the requirements specified in paragraph (2) of subdivision (b) of Section 25250.1. Records of tests performed and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(2)Testing to determine if the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 is met shall not be required for dielectric fluid, derived from highly refined petroleum mineral oil, from oil-filled electrical equipment if the generator of the dielectric fluid has certified based on prior test results that the dielectric fluid from similar equipment subject to similar operating conditions did not exhibit the characteristic of toxicity as set forth in Section 66261.24 of Title 22 of the California Code of Regulations. A certification statement shall accompany each shipment of used oil that the generator claims is exempted. Records of prior tests on which the certification is based shall be maintained with the certification by the generator and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(3)(A)Used oil from a generator of highly controlled used oil is required to be tested only once per year for the purpose of determining whether the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1. A generator may use the results of that test and any prior tests of the same kind to certify that the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 and does not exhibit any other characteristic of a hazardous waste pursuant to Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations. A generator shall include a signed certification statement with each shipment of used oil that the generator claims is exempt from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1. The generator shall maintain with the certification statement records of the tests on which the certification is based, which shall be subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(B)For purposes of this paragraph, generator of highly controlled used oil or generator means a generator of used oil for whom all of the following apply:
(i)The generator services, repairs, and maintains equipment owned and operated only by the generator.
(ii)The generator does not derive revenue from the activities described in clause (i).
(iii)The used oil is generated from the generators equipment and that equipment is of similar types that are used under similar operating conditions.
(iv)The generator does not use or store halogenated solvents, or any products containing halogenated solvents, in the same location at the site at which the used oil is generated or stored.
(v)The generator provides a signed certification statement at the time that the generator notifies the department pursuant to subdivision (c) of Section 25250.1 stating that the statements in clauses (i) to (iv), inclusive, are true and that the generator employs management practices that prevent halogenated solvents and polychlorinated biphenyls from coming into contact with, or commingling with, the used oil for which an exemption is claimed pursuant to paragraph (1) of subdivision (b) of Section 25250.1.
(c)Used oil recyclers identified in subdivision (a) and generators identified in subdivision (b) shall record in an operating log and retain for three years the information specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25250.18 on each shipment of recycled or exempted oil.
(d)Operating logs required in subdivision (c) are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(e)(1)If oil produced at a used oil recycling facility in this state meets the standards of purity set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1 and is not hazardous due to the presence of a characteristic or constituent for which the department has made a finding required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a), but the oil is hazardous due to the presence of another constituent or characteristic, the facility operator shall not be subject to a penalty pursuant to this chapter for failing to manage the oil as a hazardous waste, unless both of the following apply:
(A)While the oil was onsite at the facility, the operator of the facility knew, or reasonably should have known, that the oil failed to meet those criteria.
(B)The facility operator failed to take action to manage the oil as a hazardous waste when the oil was determined to be hazardous.
(2)The department may exercise its authority, including, but not limited to, the issuance of an order, to a used oil recycling facility pursuant to Section 25187, to ensure that oil subject to this subdivision is managed as a hazardous waste pursuant to this chapter.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)A used oil recycler shall test all recycled oil in accordance with paragraph (2), prior to transportation from the recycling facility, pursuant to applicable methods in the Environmental Protection Agency Document No. Solid Waste 846 or an equivalent alternative method approved or required by the department, and shall ensure and certify the oil as being in compliance with the standards specified in paragraph (3) of subdivision (a) of Section 25250.1.
(2)The used oil recycler shall test the recycled oil for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1, and for any other hazardous characteristics or constituents for which testing is required in the permit issued by the department for the used oil recycling facility. The permit shall require testing for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1. The permit may also require testing for other hazardous characteristics and constituents only if the department finds, based upon evidence in the record, both of the following:
(A)There is a reasonable expectation that the recycled oil may exhibit the hazardous characteristic or contain the hazardous constituent at a level that would cause it to be hazardous waste if the recycled oil were a waste, taking into consideration at least all of the following factors:
(i)The conditions included in the facilitys permit limiting the wastes that may be accepted at the facility and the conditions requiring testing of the wastes accepted at the facility.
(ii)The types of wastes that historically have been accepted by the facility or similar facilities and the types of wastes that the facility can reasonably be expected to accept in the future, including any new products or constituents.
(iii)Previous test results of recycled oil produced by the facility indicating the presence, or lack of the presence, of the constituent or characteristic at a level that would cause it to be hazardous waste if the recycled oil were a waste.
(iv)The treatment technologies and methods authorized in the facilitys permit for production of the recycled oil and the extent to which those treatment technologies and methods remove or reduce the constituents or characteristics from the wastes accepted by the facility.
(B)The hazardous characteristic or constituent cannot reasonably be expected to be present in products produced from crude oil similar to the recycled oil products produced by the facility at levels that would cause the product produced from crude oil to be a hazardous waste if it were a waste.
(3)Records of tests performed pursuant to this subdivision and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department or the Department of Resources Recycling and Recovery. The department shall perform an audit and verification on a periodic basis. The department may charge a reasonable fee for this activity.
(b)(1)A generator claiming that used oil is exempted from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall ensure that all used oil for which the exemption is claimed has been tested and certified as being in compliance with the standards specified in paragraph (1) of subdivision (b) of Section 25250.1, prior to transportation from the generator location. A generator lawfully recycling its own oil shall ensure that all recycled oil has been tested and certified as being in compliance with the requirements specified in paragraph (2) of subdivision (b) of Section 25250.1. Records of tests performed and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(2)Testing to determine if the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 is met shall not be required for dielectric fluid, derived from highly refined petroleum mineral oil, from oil-filled electrical equipment if the generator of the dielectric fluid has certified based on prior test results that the dielectric fluid from similar equipment subject to similar operating conditions did not exhibit the characteristic of toxicity as set forth in Section 66261.24 of Title 22 of the California Code of Regulations. A certification statement shall accompany each shipment of used oil that the generator claims is exempted. Records of prior tests on which the certification is based shall be maintained with the certification by the generator and are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(3)(A)Used oil from a generator of highly controlled used oil is required to be tested only once per year for the purpose of determining whether the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1. A generator may use the results of that test and any prior tests of the same kind to certify that the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 and does not exhibit any other characteristic of a hazardous waste pursuant to Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations. A generator shall include a signed certification statement with each shipment of used oil that the generator claims is exempt from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1. The generator shall maintain with the certification statement records of the tests on which the certification is based, which shall be subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(B)For purposes of this paragraph, generator of highly controlled used oil or generator means a generator of used oil for whom all of the following apply:
(i)The generator services, repairs, and maintains equipment owned and operated only by the generator.
(ii)The generator does not derive revenue from the activities described in clause (i).
(iii)The generators used oil is generated from the generators equipment and that equipment is of similar types that are used under similar operating conditions.
(iv)The generator does not use or store halogenated solvents, or any products containing halogenated solvents, in the same location at the site at which the used oil is generated or stored.
(v)The generator provides a signed certification statement at the time that the generator notifies the department pursuant to subdivision (c) of Section 25250.1 stating that the statements in clauses (i) to (iv), inclusive, are true and that the generator employs management practices that prevent halogenated solvents and polychlorinated biphenyls from coming into contact with, or commingling with, the used oil for which an exemption is claimed pursuant to paragraph (1) of subdivision (b) of Section 25250.1.
(c)Used oil recyclers identified in subdivision (a) and generators identified in subdivision (b) shall record in an operating log and retain for three years the information specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25250.18 on each shipment of recycled or exempted oil.
(d)Operating logs required in subdivision (c) are subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(e)(1)If oil produced at a used oil recycling facility in this state meets the standards of purity set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1 and is not hazardous due to the presence of a characteristic or constituent for which the department has made a finding required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a), but the oil is hazardous due to the presence of another constituent or characteristic, the facility operator shall not be subject to a penalty pursuant to this chapter for failing to manage the oil as a hazardous waste, unless both of the following apply:
(A)While the oil was onsite at the facility, the operator of the facility knew, or reasonably should have known, that the oil failed to meet those criteria.
(B)The facility operator failed to take action to manage the oil as a hazardous waste when the oil was determined to be hazardous.
(2)The department may exercise its authority, including, but not limited to, the issuance of an order, to a used oil recycling facility pursuant to Section 25187, to ensure that oil subject to this subdivision is managed as a hazardous waste pursuant to this chapter.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
(a)(1)A used oil recycler shall test all recycled oil in accordance with paragraph (2), prior to transportation from the recycling facility, pursuant to applicable methods in the Environmental Protection Agency Document No. Solid Waste 846 or an equivalent alternative method approved or required by the department, and shall ensure and certify the oil as being in compliance with the standards specified in paragraph (3) of subdivision (a) of Section 25250.1.
(2)The used oil recycler shall test the recycled oil for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1, and for any other hazardous characteristics or constituents for which testing is required in the permit issued by the department for the used oil recycling facility. The permit shall require testing for compliance with the purity standards set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1. The permit may also require testing for other hazardous characteristics and constituents only if the department finds, based upon evidence in the record, all both of the following:
(A)There is a reasonable expectation that the recycled oil may exhibit the hazardous characteristic or contain the hazardous constituent at a level that would cause it to be hazardous waste if the recycled oil were a waste, taking into consideration at least all of the following factors:
(i)The conditions included in the facilitys permit limiting the wastes that may be accepted at the facility and the conditions requiring testing of the wastes accepted at the facility.
(ii)The types of wastes that historically have been accepted by the facility or similar facilities and the types of wastes that the facility can reasonably be expected to accept in the future, including any new products or constituents.
(iii)Previous test results of recycled oil produced by the facility indicating the presence, or lack of the presence, of the constituent or characteristic at a level that would cause it to be hazardous waste if the recycled oil were a waste.
(iv)The treatment technologies and methods authorized in the facilitys permit for production of the recycled oil and the extent to which those treatment technologies and methods remove or reduce the constituents or characteristics from the wastes accepted by the facility; and facility.
(B)The hazardous characteristic or constituent cannot reasonably be expected to be present in products produced from crude oil similar to the recycled oil products produced by the facility at levels that would cause the product produced from crude oil to be a hazardous waste if it were a waste.
(3)Records of tests performed pursuant to this subdivision and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department or the board. Department of Resources Recycling and Recovery. The department shall perform an audit and verification on a periodic basis. The department may charge a reasonable fee for this activity.
(b)(1)A generator claiming that used oil is exempted from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1 shall ensure that all used oil for which the exemption is claimed has been tested and certified as being in compliance with the standards specified in paragraph (1) of subdivision (b) of Section 25250.1, prior to transportation from the generator location. A generator lawfully recycling its own oil shall ensure that all recycled oil has been tested and certified as being in compliance with the requirements specified in paragraph (2) of subdivision (b) of Section 25250.1. Records of tests performed and a copy of each form completed pursuant to Section 25250.18 shall be maintained for three years and are subject to audit and verification by the department, the unified program agency, or the board. Department of Resources Recycling and Recovery.
(2)Testing to meet the requirements determine if the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 is not met shall not be required for dielectric fluid, derived from highly refined petroleum mineral oil, from oil-filled electrical equipment if the generator of the dielectric fluid has certified based on prior test results that the dielectric fluid from similar equipment subject to similar operating conditions did not exhibit the characteristic of toxicity as set forth in Section 66261.24 of Title 22 of the California Code of Regulations. A certification statement shall accompany each shipment of used oil that the generator claims is exempted. Records of prior tests on which the certification is based shall be maintained with the certification by the generator and are subject to audit and verification by the department, the unified program agency, or the board. Department of Resources Recycling and Recovery.
(3)(A)Used oil from a generator of highly controlled used oil is required to be tested only once per year for the purpose of determining whether the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1. A generator may use the results of that test and any prior tests of the same kind to certify that the used oil meets the condition in subparagraph (B) of paragraph (1) of subdivision (b) of Section 25250.1 and does not exhibit any other characteristic of a hazardous waste pursuant to Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations, or any successor regulations. A generator shall include a certification statement with each shipment of used oil that the generator claims is exempt from regulation pursuant to paragraph (1) of subdivision (b) of Section 25250.1. The generator shall maintain with the certification statement records of the tests on which the certification is based, which shall be subject to audit and verification by the department, the unified program agency, or the Department of Resources Recycling and Recovery.
(B)For purposes of this paragraph, generator of highly controlled used oil or generator means a generator of used oil for whom all of the following apply:
(i)The generator services, repairs, and maintains equipment owned and operated only by the generator.
(ii)The generator does not derive revenue from the activities described in clause (i).
(iii)The generators used oil is generated from equipment of similar types that are used under similar operating conditions.
(iv)The generator does not use or store halogenated solvents, or any products containing halogenated solvents, in the same location at the site at which the used oil is generated or stored.
(v)The generator provides a certification statement at the time that the generator notifies the department pursuant to subdivision (c) of Section 25250.1 stating that the generator employs management practices that prevent halogenated solvents from coming into contact with, or commingling with, the used oil for which an exemption is claimed pursuant to paragraph (1) of subdivision (b) of Section 25250.1.
(c)Used oil recyclers identified in subdivision (a) and generators identified in subdivision (b) shall record in an operating log and retain for three years the information specified in paragraphs (1) to (5), inclusive, of subdivision (a) of Section 25250.18 on each shipment of recycled or exempted oil.
(d)Operating logs required in subdivision (c) are subject to audit and verification by the department, the unified program agency, or the board. Department of Resources Recycling and Recovery.
(e)(1)If oil produced at a used oil recycling facility in this state meets the standards of purity set forth in subparagraph (B) of paragraph (3) of subdivision (a) of Section 25250.1 and is not hazardous due to the presence of a characteristic or constituent for which the department has made a finding required by subparagraphs (A) and (B) of paragraph (2) of subdivision (a), but the oil is hazardous due to the presence of another constituent or characteristic, the facility operator shall not be subject to a penalty pursuant to this chapter for failing to manage the oil as a hazardous waste, unless both of the following apply:
(A)While the oil was onsite at the facility, the operator of the facility knew, or reasonably should have known, that the oil failed to meet those criteria.
(B)The facility operator failed to take action to manage the oil as a hazardous waste when the oil was determined to be hazardous.
(2)The department may exercise its authority, including, but not limited to, the issuance of an order, to a used oil recycling facility pursuant to Section 25187, to ensure that oil subject to this subdivision is managed as a hazardous waste pursuant to this chapter.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SECTION 1.Section 25158.1 of the Health and Safety Code is amended to read:25158.1.(a)When making the quantity determinations for purposes of Section 66262.34 of Title 22 of the California Code of Regulations, as it may be amended consistent with this code, a generator shall include all hazardous waste that it has generated in any month, except for universal wastes managed pursuant to the requirements of Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations.(b)By December 1, 2016, the department shall adopt regulations incorporating the instructions to hazardous waste generators in subdivision (a) into its implementing regulations.(a)When making the quantity determinations for purposes of Section 66262.34 of Title 22 of Division 4.5 of the California Code of Regulations, as it may be amended consistent with this code, a generator shall include all hazardous waste that it has generated in any month, except for universal wastes managed pursuant to the requirements of Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations.
(b)By December 1, 2016, the department shall adopt regulations incorporating the instructions to hazardous waste generators in subdivision (a) into its implementing regulations.
|
Date
|
Status
|
|---|---|
| Sep 17, 2018 | Chaptered by Secretary of State - Chapter 440, Statutes of 2018. |
| Sep 17, 2018 | Approved by the Governor. |
| Aug 29, 2018 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 23, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 20, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77. |
| Aug 20, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 7, 2018 | Read second time. Ordered to third reading. |
| Aug 6, 2018 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 21, 2018 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on APPR. |
| Jun 14, 2018 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on EQ. |
| May 30, 2018 | Referred to Com. on EQ. |
| May 17, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 17, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 10, 2018 | Read second time. Ordered to Consent Calendar. |
| May 9, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (May 9). |
| Apr 24, 2018 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 23). Re-referred to Com. on APPR. |
| Apr 11, 2018 | From committee: Do pass and re-refer to Com. on NAT. RES. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 10). Re-referred to Com. on NAT. RES. |
| Mar 20, 2018 | Re-referred to Com. on E.S. & T.M. |
| Mar 19, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Mar 19, 2018 | Referred to Coms. on E.S. & T.M. and NAT. RES. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 23, 2018 | AB 2928 CHEN Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 20, 2018 | Assembly 3rd Reading AB2928 Chen By Stone | Senate Floor |
Passed |
|
| Jun 20, 2018 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Environmental Quality |
Passed |
|
| May 17, 2018 | AB 2928 CHEN Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2018 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Natural Resources |
Passed |
|
| Apr 10, 2018 | Do pass and be re-referred to the Committee on [Natural Resources] with recommendation: To Consent Calendar | 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Chamber Of Commerce | ** Support | Aug 7, 2018 |
| California Council For Environmental And Economic Balance | ** Support | Aug 7, 2018 |
| California Manufacturers & Technology Association | ** Support | Aug 7, 2018 |
| California railroad industry | ** Support | Apr 8, 2018 |
| California Railroads Association | ** Support | Aug 7, 2018 |
| Chemical Industry Council Of California | ** Support | Aug 7, 2018 |
| Western Independent Refiners Association | ** Support | Aug 7, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2928
Author:(Chen)
As Amended Ver:June 14, 2018
Majority vote
ASSEMBLY: | 73-0 | (May 17, 2018) | SENATE: | 39-0 | (August 20, 2018) |
Original Committee Reference: E.S. & T.M.
SUMMARY: Authorizes generators of highly controlled used oil to test their used oil once per year for the purposes of determining if the used oil is a hazardous waste, and allows generators to not have to manage their used oil as hazardous waste under certain conditions.
The Senate amendments are technical and clarifying. Specifically the Senate amendments:
1) Require the generator of used oil to sign the certification statement that they are required to make under the provisions of the bill.
2) Require the generator of used oil seeking the exemption from managing the oil as hazardous waste to employ management practices that prevent polychlorinated biphenyls (PCB's) from coming into contact with the used oil.
EXISTING LAW:
1) Creates the Hazardous Waste Control Law (HWCL), which authorizes the Department of Toxic Substances Control (DTSC) to regulate the management of hazardous wastes in California. (Health and Safety Code (HSC) Section 25100 et. seq.)
2) Requires used oil to be managed as a hazardous waste unless it is excluded through regulation; is dielectric fluid removed from oil-filled electrical equipment that is filtered and replaced onsite; or, it has been shown through testing by the generator to meet the requirements for exclusion within the HWCL. (HSC Section 25250.4)
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill met the criteria pursuant to Senate Rule 28.8 and therefore has no significant state costs.
COMMENTS:
Need for the bill: According to the author, "AB 2928 seeks to provide regulatory and cost relief for a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics outlined in statute and regulation deeming it hazardous waste nor contaminated with halogenated solvents. As an added benefit, in providing this alternative pathway, the highly controlled used oil could have a more direct pathway to recycling and help reduce the state’s hazardous waste generation numbers – an interest of DTSC relative to their 50% hazardous waste reduction goal."
California Hazardous Waste Control Law (HWCL): The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.
Used oil generated in California: Approximately 100 million gallons of used oil are recycled in California each year. An estimated 14 million gallons of California used oil gets recycled out-of-state each year. DTSC's used oil program regulates the proper management of used oil through inspections and enforcement of used oil recyclers, transfer facilities, and transporters.
Management of used oil: State law requires that used oil be managed as a hazardous waste in California unless it has been recycled and is shown to meet the specifications for recycled oil in statute, or qualifies for a recycling exclusion under the law. Consumers who change their own oil must manage their used oil appropriately (e.g., by taking it to a used oil collection center, etc., and never disposing of it to land, water, storm drains, etc.). Consumers are allowed to transport their own used oil to a used oil collection center or to a used oil recycling facility without any permits or utilizing a hazardous waste manifest.
Under state law, businesses generating used oil, as well as used oil collection centers, are required to meet all hazardous waste generator requirements. There are specific requirements for the types of containers used oil is stored in and for how long the used oil can be stored by the generator of the used oil.
Retail used oil generator and proprietary used oil generator: For the business sector (non-consumer) used oil is generated in the state by two distinct processes. The first category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by third-parties and who intend to profit from the arrangement. Examples of these generators are mechanics to whom individuals and companies take their vehicles and equipment for service and repairs, including oil changes. These generators are retail generators. The second category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by themselves, and for whom the process is not a revenue center, but rather is a net cost to them. Examples of these generators are trucking companies, railroads, utilities, and refineries, among others. These generators are proprietary generators of "highly controlled used oil." The major distinction between retail and proprietary generators is that retail generators do not control the use of the oil while in the equipment, and only have control of the oil upon generating the oil as a waste. Proprietary generators control the oil from the time it is new oil, until the time it is removed from the equipment and generated as a waste.
This bill is seeking to allow a specified universe of used oil, generated by a "highly controlled generator" to be allowed to not have to be managed as a hazardous waste. These highly controlled generators are those that would have their own fleet of vehicles, manage the vehicles, and maintain the vehicles. Providing a process to allow a segment of used oil to not be managed as a hazardous waste, is a new one, and one that will need to be well thought out with proper oversight.
Analysis Prepared by: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0003780
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2928
:
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/20/18
AYES: Wieckowski, Stone, Gaines, Hill, Lara, Skinner, Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 73-0, 5/17/18 (Consent) - See last page for vote
SOURCE: California Council for Environmental and Economic Balance
DIGEST:
This bill authorizes generators of highly controlled used oil to test their used oil once per year for the purposes of determining if the used oil is a hazardous waste, and allows generators to manage their used oil as non-hazardous waste, under certain conditions.
Existing law:
- Creates the Hazardous Waste Control Law (HWCL), which authorizes Department of Toxic Substances Control (DTSC) to regulate the management of hazardous wastes in California. (Health and Safety Code (HSC) § 25100 et. seq.)
- Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed. (HSC § 25185)
- Establishes management standards for used oil including transportation, testing, and storage requirements. (HSC § 25250 et seq.)
- Requires used oil to be managed as a hazardous waste unless it is excluded through regulation; is dielectric fluid removed from oil-filled electrical equipment that is filtered and replaced onsite; or, it has been shown through testing by the generator to meet the requirements for exclusion within the HWCL. (HSC §25250.4)
- Defines used oil as "any 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." (HSC § 25250.1)
- Creates the California Oil Recycling Enhancement (CORE) Act which is designed to reduce the illegal disposal of used oil and recycle and reclaim used oil to the greatest extent possible. (Public Resources Code § 48601)
This bill:
- Provides that the testing of used oil from a generator of highly controlled used oil, as defined, is required only once per year for the purpose of determining whether the used oil is hazardous waste for purposes of the exemption from regulation.
- Authorizes a generator of highly controlled used oil to use the results of that test and any prior tests of the same kind to certify that the used oil is not hazardous waste, as specified.
- Requires a generator of highly controlled used oil to include a signed certification statement with each shipment of that oil that the generator claims is exempt from regulation.
- Requires the generator to maintain with the certification statement records of the tests on which the certification is based and would make the records subject to audit and verification by DTSC, the unified program agency, or the Department of Resources Recycling and Recovery (CalRecycle). Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
Background
- California Hazardous Waste Control Law. The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.
- Used oil generated in California. Approximately 100 million gallons of used oil are recycled in California each year. An estimated 14 million gallons of California used oil gets recycled out-of-state each year. DTSC's used oil program regulates the proper management of used oil through inspections and enforcement of used oil recyclers, transfer facilities, and transporters. The CORE Act implemented by CalRecycle outlines the requirements for responsible management of used oil in California to reduce the amount of illegal disposal of used oil and encourage recycling and reuse, thereby minimizing impact to the environment.
- Regulation of used oil. State law defines used oil as "any 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." Used oil includes, but is not limited to, the following: used motor oils, used industrial oils, vehicle crankcase oils, hydraulic oils, transformer oils, engine lubricating oils, compressor oils, refrigeration oils, transmission fluids, turbine oils, metalworking oils, gearbox and differential oils, bearing oils, railroad oils, gear oils, and vegetable oils used for lubrication. Waste synthetic oils that may be managed as used oil include oil derived from coal, oil shale, or polymers, water-soluble petroleum-based oils, vegetable or animal oil used as a lubricant, hydraulic fluid, and heat transfer fluid.
Used oil does not include: antifreeze, brake fluid, other automotive wastes, fuels, and solvents. Substances which are not regulated as used oils include: oils with a flashpoint below 100°F; oils mixed with hazardous waste; wastewater containing small amounts of used oil; oily wastes that are not used oil; oily wastewaters that are not used oil; tank bottoms; used oil processing bottoms; used oil re-refining distillation bottoms; cooking oils (edible); grease; oils containing five parts per million (ppm) polychlorinated biphenyls (PCBs) or greater; or, oils containing more than 1,000 ppm total halogens.
- Management of used oil. State law requires that used oil be managed as a hazardous waste in California unless it has been recycled and is shown to meet the specifications for recycled oil in statute, or qualifies for a recycling exclusion under the law. Consumers who change their own oil must manage their used oil appropriately (e.g., by taking it to a used oil collection center, etc., and never disposing of it to land, water, storm drains, etc.). Consumers are allowed to transport their own used oil to a used oil collection center or to a used oil recycling facility without any permits or utilizing a hazardous waste manifest.
Under state law, businesses generating used oil, as well as used oil collection centers are required to meet all hazardous waste generator requirements. There are specific requirements for the types of containers used oil is stored in and for how long the used oil can be stored by the generator of the used oil. Additionally, some of the business generators of used oil are required to have secondary containment for their tanks, which is essentially a backup system designed to prevent the release and migration of wastes or accumulated liquids from the storage tank. Prior to transporting individual containers of used oil, regulations require that the generator must label shipping containers for used oil as follows: "HAZARDOUS WASTE - State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, or the U.S. Environmental Protection Agency."
- Retail used oil generator and proprietary used oil generator. For the business sector (non-consumer) used oil is generated in the state by two distinct processes. The first category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by third-parties and who intend to profit from the arrangement. Examples of these generators are mechanics to whom individuals and companies take their vehicles and equipment for service and repairs, including oil changes. These generators are retail generators. The second category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by themselves, and for whom the process is not a revenue center, but rather is a net cost to them. Examples of these generators are trucking companies, railroads, utilities, and refineries, among others. These generators are proprietary generators of "highly controlled used oil." The major distinction between retail and proprietary generators is that retail generators do not control the use of the oil while in the equipment, and only have control of the oil upon generating the oil as a waste. Proprietary generators control the oil from the time it is new oil, until the time it is removed from the equipment and generated as a waste.
AB 2928 is intended to encourage the recycling of used oil and ease the regulatory requirements for generators managing this specific type of used oil. According to the sponsor, California Council for Environmental and Economic Balance, a “generator of highly controlled used oil”, who has a valid Certified Unified Program Agency (CUPA) permit, would have strict control over the oil from the time new oil is placed into service until the time the oil is removed from service and accumulated for recycling. This generator’s used oil differs from other used oil in that the generator controls the use of the oil, the length of time it is in service, the equipment it is used in, and any other hazardous waste management activities at their location that could influence what might be found in its used oil. The generator of this used oil will also need to have tested the oil and be able to represent, based on past testing and their knowledge of the processes that generated the used oil, that it meets the requirements to be exempted from regulation as used oil, and that it does not exhibit any characteristic of hazardous waste.
Generators of highly controlled used oil are generators such as trucking companies, railroads and utilities (engine crankcase oil, not dielectric fluid from transformers and other electrical equipment). This type of generator typically would have their own fleet of vehicles or set of equipment which they would manage and maintain for their own purposes. They would not be providing vehicle maintenance servicing to other businesses. This may not be true of other generators of used oil who have no control over the oil (or additives) being placed into engine crankcases. They may also have little control or knowledge of contaminants that may be present, or the potential comingling of other wastes that could influence the characteristics of the used oil. Other generators of used oil could not know, absent the testing required to be conducted for each load of used oil, whether their load of used oil meets the recycled oil standards, contains halogenated solvents or PCBs, or exhibits any other characteristic of hazardous waste.
Comments
Purpose of this bill. According to the author, "AB 2928 seeks to provide regulatory and cost relief for a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics outlined in statute and regulation deeming it hazardous waste nor contaminated with halogenated solvents. This narrow subset of used oil is entirely recyclable. If a generator were able to certify it is not hazardous or contaminated with halogenated solvents subject to auditing and verification by DTSC, CalRecycle or a CUPA, it would be excluded from being deemed hazardous waste by DTSC and instead be handled as recycled oil under CalRecycle’s used oil program. This would help reduce some of the regulatory burdens associated with currently being required to manage all used oil as hazardous waste; potentially reduce a generator’s hazardous waste status (small vs. large quantity generator); result in cost savings associated with more manageable and reasonable requirements; and ensure more highly controlled used oil is recycled versus being commingled with contaminated oils, solvents, and shipped out of state for disposal. As an added benefit, in providing this alternative pathway, the highly controlled used oil could have a more direct pathway to recycling and help reduce the state’s hazardous waste generation numbers – an interest of DTSC relative to their 50% hazardous waste reduction goal."
Related/Prior Legislation
SB 546 (Lowenthal, Chapter 353, Statutes of 2009) raised the fee paid by lubricating oil manufacturers from 16 cents to 24 cents per gallon; increased the incentives paid for recycling used oil; increased the testing requirements for used oil transporters and required that transporters be inspected annually.
AB 907 (Chesbro, 2009) would have made a variety of changes to the statutes regulating used lubricating oil including reducing the number of used oil collectors that can apply for recycling incentives; creating a new incentive for re-refined oil; and, allowing additional funding for local government oil recycling efforts. The bill was not heard on the Senate Floor.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Council for Environmental and Economic Balance (source)
California Chamber of Commerce
California Manufacturers & Technology Association
California Railroads Association
Chemical Industry Council of California
Western Independent Refiners Association
None received
ASSEMBLY FLOOR: 73-0, 5/17/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Cristina Garcia, Melendez, Muratsuchi, Santiago, Steinorth
8/7/18 17:05:01
**** END ****
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Wieckowski, Chair
2017 - 2018 Regular
Bill No: AB 2928
Author: | Chen | ||
Version: | 6/14/2018 | Hearing Date: | 6/20/2018 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Rachel Machi Wagoner | ||
SUBJECT: Hazardous waste: used oil
ANALYSIS:
EXISTING LAW:
1) Creates the Hazardous Waste Control Law (HWCL), which authorizes DTSC to regulate the management of hazardous wastes in California. (Health and Safety Code (HSC) § 25100 et. seq.)
2) Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed. (HSC § 25185)
3) Establishes management standards for used oil including transportation, testing, and storage requirements. (HSC § 25250 et seq.)
4) Requires used oil to be managed as a hazardous waste unless it is excluded through regulation; is dielectric fluid removed from oil-filled electrical equipment that is filtered and replaced onsite; or, it has been shown through testing by the generator to meet the requirements for exclusion within the HWCL. (HSC §25250.4)
5) Defines used oil as "any 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." (HSC § 25250.1)
6) Creates the California Oil Recycling Enhancement (CORE) Act which is designed to reduce the illegal disposal of used oil and recycle and reclaim used oil to the greatest extent possible. (Public Resources Code § 48601)
This bill:
- Provides that the testing of used oil from a generator of highly controlled used oil, as defined, is required only once per year for the purpose of determining whether the used oil is hazardous waste for purposes of the exemption from regulation.
- Authorizes a generator of highly controlled used oil to use the results of that test and any prior tests of the same kind to certify that the used oil is not hazardous waste, as specified.
- Requires a generator of highly controlled used oil to include a signed certification statement with each shipment of that oil that the generator claims is exempt from regulation.
- Requires the generator to maintain with the certification statement records of the tests on which the certification is based and would make the records subject to audit and verification by the Department of Toxic Substances Control, the unified program agency, or the Department of Resources Recycling and Recovery. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program.
Background
- California Hazardous Waste Control Law (HWCL): The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.
- Used oil generated in California: Approximately 100 million gallons of used oil are recycled in California each year. An estimated 14 million gallons of California used oil gets recycled out-of-state each year. DTSC's used oil program regulates the proper management of used oil through inspections and enforcement of used oil recyclers, transfer facilities, and transporters. The CORE Act implemented by CalRecycle outlines the requirements for responsible management of used oil in California to reduce the amount of illegal disposal of used oil and encourage recycling and reuse, thereby minimizing impact to the environment.
- Regulation of used oil: State law defines used oil as "any 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." Used oil includes, but is not limited to, the following: used motor oils, used industrial oils, vehicle crankcase oils, hydraulic oils, transformer oils, engine lubricating oils, compressor oils, refrigeration oils, transmission fluids, turbine oils, metalworking oils, gearbox and differential oils, bearing oils, railroad oils, gear oils, and vegetable oils used for lubrication. Waste synthetic oils that may be managed as used oil include oil derived from coal, oil shale, or polymers, water-soluble petroleum-based oils, vegetable or animal oil used as a lubricant, hydraulic fluid, and heat transfer fluid.
Used oil does not include: antifreeze, brake fluid, other automotive wastes, fuels, and solvents. Substances which are not regulated as used oils include: oils with a flashpoint below 100°F; oils mixed with hazardous waste; wastewater containing small amounts of used oil; oily wastes that are not used oil; oily wastewaters that are not used oil; tank bottoms; used oil processing bottoms; used oil re-refining distillation bottoms; cooking oils (edible); grease; oils containing 5 parts per million (ppm) polychlorinated biphenyls (PCBs) or greater; or, oils containing more than 1,000 ppm total halogens.
- Management of used oil: State law requires that used oil be managed as a hazardous waste in California unless it has been recycled and is shown to meet the specifications for recycled oil in statute, or qualifies for a recycling exclusion under the law. Consumers who change their own oil must manage their used oil appropriately (e.g., by taking it to a used oil collection center, etc., and never disposing of it to land, water, storm drains, etc.). Consumers are allowed to transport their own used oil to a used oil collection center or to a used oil recycling facility without any permits or utilizing a hazardous waste manifest.
Under state law, businesses generating used oil, as well as used oil collection centers are required to meet all hazardous waste generator requirements. There are specific requirements for the types of containers used oil is stored in and for how long the used oil can be stored by the generator of the used oil. Additionally, some of the business generators of used oil are required to have secondary containment for their tanks, which is essentially a backup system designed to prevent the release and migration of wastes or accumulated liquids from the storage tank. Prior to transporting individual containers of used oil, regulations require that the generator must label shipping containers for used oil as follows: "HAZARDOUS WASTE - State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, or the U.S. Environmental Protection Agency."
- Retail used oil generator and proprietary used oil generator: For the business sector (non-consumer) used oil is generated in the state by two distinct processes. The first category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by third-parties and who intend to profit from the arrangement. Examples of these generators are mechanics to whom individuals and companies take their vehicles and equipment for service and repairs, including oil changes. These generators are retail generators. The second category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by themselves, and for whom the process is not a revenue center, but rather is a net cost to them. Examples of these generators are trucking companies, railroads, utilities, and refineries, among others. These generators are proprietary generators of "highly controlled used oil." The major distinction between retail and proprietary generators is that retail generators do not control the use of the oil while in the equipment, and only have control of the oil upon generating the oil as a waste. Proprietary generators control the oil from the time it is new oil, until the time it is removed from the equipment and generated as a waste.
AB 2928 is intended to encourage the recycling of used oil and ease the regulatory requirements for generators managing this specific type of used oil. According to the sponsor, a “generator of highly controlled used oil”, who has a valid CUPA permit, would have strict control over the oil from the time new oil is placed into service until the time the oil is removed from service and accumulated for recycling. This generator’s used oil differs from other used oil in that the generator controls the use of the oil, the length of time it is in service, the equipment it is used in, and any other hazardous waste management activities at their location that could influence what might be found in its used oil. The generator of this used oil will also need to have tested the oil and be able to represent, based on past testing and their knowledge of the processes that generated the used oil, that it meets the requirements to be exempted from regulation as used oil, and that it does not exhibit any characteristic of hazardous waste.
Generators of highly controlled used oil are generators such as trucking companies, railroads and utilities (engine crankcase oil, not dielectric fluid from transformers and other electrical equipment). This type of generator typically would have their own fleet of vehicles or set of equipment which they would manage and maintain for their own purposes. They would not be providing vehicle maintenance servicing to other businesses. This may not be true of other generators of used oil who have no control over the oil (or additives) being placed into engine crankcases. They may also have little control or knowledge of contaminants that may be present, or the potential comingling of other wastes that could influence the characteristics of the used oil. Other generators of used oil could not know, absent the testing required to be conducted for each load of used oil, whether their load of used oil meets the recycled oil standards, contains halogenated solvents or PCBs, or exhibits any other characteristic of hazardous waste.
Comments
Purpose of Bill. According to the author, "AB 2928 seeks to provide regulatory and cost relief for a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics outlined in statute and regulation deeming it hazardous waste nor contaminated with halogenated solvents. This narrow subset of used oil is entirely recyclable. If a generator were able to certify it is not hazardous or contaminated with halogenated solvents subject to auditing and verification by DTSC, CalRecycle or a CUPA, it would be excluded from being deemed hazardous waste by DTSC and instead be handled as recycled oil under CalRecycle’s used oil program. This would help reduce some of the regulatory burdens associated with currently being required to manage all used oil as hazardous waste; potentially reduce a generator’s hazardous waste status (small vs. large quantity generator); result in cost savings associated with more manageable and reasonable requirements; and ensure more highly controlled used oil is recycled versus being commingled with contaminated oils, solvents, and shipped out of state for disposal. As an added benefit, in providing this alternative pathway, the highly controlled used oil could have a more direct pathway to recycling and help reduce the state’s hazardous waste generation numbers – an interest of DTSC relative to their 50% hazardous waste reduction goal."
Related/Prior Legislation
1) SB 546 (Lowenthal, Chapter 353, Statutes of 2009). Raised the fee paid by lubricating oil manufacturers from 16 cents to 24 cents per gallon; increased the incentives paid for recycling used oil; increased the testing requirements for used oil transporters and requires that transporters be inspected annually.
2) AB 907 (Chesbro, 2009). Would have made a variety of changes to the statutes regulating used lubricating oil including reducing the number of used oil collectors that can apply for recycling incentives; creating a new incentive for re-refined oil; and ,allowing additional funding for local government oil recycling efforts. This bill was not heard on the Senate Floor.
SOURCE:
California Council for Environmental & Economic Balance
SUPPORT:
California Chamber of Commerce
California Manufacturers & Technology Association
California Railroads Association
Chemical Industry Council of California
Western Independent Refiners Association
OPPOSITION:
None received
-- END --
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2928
Author:(Chen) – As Amended Ver:March 19, 2018
Policy Committee: | Environmental Safety and Toxic Materials | Vote: | 7 - 0 |
Natural Resources | 10 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill authorizes generators of highly controlled used oil to test their used oil once per year for the purposes of determining if the used oil is a hazardous waste, and allows generators to manage their used oil as non-hazardous waste, under certain conditions. Specifically, this bill:
- Requires a generator of highly controlled used oil to include a certification of the annual test with each shipment of used oil the generator claims is not a hazardous waste subject to audit by the Department of Toxic Substance Control, the Certified Unified Program Agency (CUPA), or CalRecycle.
- Defines a "generator of highly controlled used oil" as a generator of used oil for whom all of the following apply:
- The generator services, repairs, and maintains equipment owned and operated only by the generator.
- The generator does not derive revenue from servicing and repairing its equipment.
- The generator's used oil is generated from equipment of similar types that are used under similar operating conditions.
- The generator does not use or store halogenated solvents.
- The generator services, repairs, and maintains equipment owned and operated only by the generator.
- The generator provides a certification statement and notifies DTSC of management practices that prevent halogenated solvents from coming into contact with, or commingling with, the used oil that the generator is claiming is not a hazardous waste.
FISCAL EFFECT:
Minor and absorbable state costs.
COMMENTS:
- Purpose. According to the author, this bill provides regulatory relief to a narrow subset of highly controlled used oil that is entirely recyclable. Under this bill, a generator self-certifies, subject to audit and verification by DTSC, used oil is not hazardous or contaminated with halogenated solvents, then it can be handled recycled under CalRecycle’s used oil program.
- Background. State law requires used oil to be managed as a hazardous waste unless it has been recycled and is shown to meet the specifications for recycled oil in statute, or qualifies for a recycling exclusion under the law.
Businesses generating used oil, as well as used oil collection centers are required to meet all hazardous waste generator requirements. There are specific requirements for the types of containers used oil is stored in and for how long the used oil can be stored by the generator of the used oil.
Managing used oil as a hazardous waste is complex. Anytime someone gets their car serviced and the oil is changed, the business that provided the oil change is required to manage the used oil as a hazardous waste. Likewise, anytime a business, such as a railroad or a utility with a fleet of vehicles, changes the oil within their fleet, they also are required to manage the oil as a hazardous waste.
This bill is intended to encourage recycling and provide regulatory relief.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 23, 2018
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Al Muratsuchi, Acting Chair
ABPCA Bill Id:AB 2928 (
Author:Chen) – As Amended Ver:March 19, 2018
SUBJECT: Hazardous waste: used oil
SUMMARY: Authorizes generators of highly controlled used oil to test their used oil once per year for the purposes of determining if the used oil is a hazardous waste, and allows generators to manage their used oil as non-hazardous waste, under certain conditions.
EXISTING LAW:
- Under the Hazardous Waste Control Law (HWCL), authorizes the Department of Toxic Substances Control (DTSC) to regulate the management of hazardous wastes in California.
- Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed.
- Establishes management standards for used oil including transportation, testing, and storage requirements.
- Requires used oil to be managed as a hazardous waste unless it is excluded through regulation; it is dielectric fluid removed from oil-filled electrical equipment that is filtered and replaced onsite; or, it has been shown through testing by the generator to meet the requirements for exclusion within the HWCL.
- Defines used oil as "any 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."
- Under the California Oil Recycling Enhancement (CORE) Act, which is designed to reduce the illegal disposal of used oil and recycle and reclaim used oil to the greatest extent possible:
- Prescribes a program to increase the amount of used oil recycled in California;
- Establishes a manufacturer fee of 24 cents per gallon on new lubricating oil sold in California to fund the CORE Act.
- Provides a recycling incentive payment of 40 cents per gallon for certified collection centers and curbside collection operators for "do-it-yourself" used oil collection and 16 cents per gallon for used oil generated by industrial generators.
- Provides a re-refining incentive payment of 20 cents per gallon for certified re-refiners for re-refined base lubricant produced from used oil generated and collected in California.
- Prescribes a program to increase the amount of used oil recycled in California;
THIS BILL:
- Authorizes generators of highly controlled used oil to test their used oil once per year for the purposes of determining if the used oil is a hazardous waste and subject to regulation by the DTSC.
- Requires a generator of highly controlled used oil to include a certification of the annual test with each shipment of used oil that the generator claims is not a hazardous waste and shall maintain this certification statement on which the certification is based and is subject to audit by DTSC, the Unified Program Agency, or the Department of Resources Recycling and Recovery (CalRecycle).
- Defines a "generator of highly controlled used oil" as a generator of used oil for whom all of the following apply:
- The generator services, repairs, and maintains equipment owned and operated only by the generator;
- The generator does not derive revenue from servicing and repairing its equipment;
- The generator's used oil is generated from equipment of similar types that are used under similar operating conditions;
- The generator does not use or store halogenated solvents; and,
- The generator provides a certification statement at the time the generator notifies DTSC that the generator employs management practices that prevent halogenated solvents from coming into contact with, or commingling with, the used oil that the generator is claiming is not a hazardous waste.
- The generator services, repairs, and maintains equipment owned and operated only by the generator;
FISCAL EFFECT: Unknown
COMMENTS:
- Author's statement:
AB 2928 seeks to provide regulatory and cost relief for a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics outlined in statute and regulation deeming it hazardous waste nor contaminated with halogenated solvents. This narrow subset of used oil is entirely recyclable. If a generator were able to certify it is not hazardous or contaminated with halogenated solvents subject to auditing and verification by DTSC, CalRecycle or a CUPA, it would be excluded from being deemed hazardous waste by DTSC and instead be handled as recycled oil under CalRecycle’s used oil program. This would help reduce some of the regulatory burdens associated with currently being required to manage all used oil as hazardous waste; potentially reduce a generator’s hazardous waste status (small vs. large quantity generator); result in cost savings associated with more manageable and reasonable requirements; and ensure more highly controlled used oil is recycled versus being commingled with contaminated oils, solvents, and shipped out of state for disposal. As an added benefit, in providing this alternative pathway, the highly controlled used oil could have a more direct pathway to recycling and help reduce the state’s hazardous waste generation numbers – an interest of DTSC relative to their 50% hazardous waste reduction goal.
- California Hazardous Waste Control Law. The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement state law. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated to management, transportation, and ultimately disposal into a state or federal authorized facility.
- Used oil in California. Approximately 100 million gallons of used oil are recycled in California each year. An additional 14 million gallons of California used oil gets recycled out-of-state. DTSC's used oil program regulates the proper management of used oil through inspections and enforcement of used oil recyclers, transfer facilities, and transporters. The CORE Act implemented by CalRecycle outlines the requirements for responsible management of used oil in California to reduce the amount of illegal disposal of used oil and encourage recycling and reuse, thereby minimizing impact to the environment.
State law defines used oil as "any 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." Used oil includes, but is not limited to, the following used motor oils, used industrial oils, vehicle crankcase oils, hydraulic oils, transformer oils, engine lubricating oils, compressor oils, refrigeration oils, transmission fluids, turbine oils, metalworking oils, gearbox and differential oils, bearing oils, railroad oils, gear oils, and vegetable oils used for lubrication. Waste synthetic oils that may be managed as used oil include oil derived from coal, oil shale, or polymers, water-soluble petroleum-based oils, vegetable or animal oil used as a lubricant, hydraulic fluid, and heat transfer fluid.
Used oil does not include antifreeze, brake fluid, other automotive wastes, fuels, and solvents. Other materials that are not regulated as used oil include oils with a flashpoint below 100°F; oils mixed with hazardous waste; wastewater containing small amounts of used oil; oily wastes that are not used oil; oily wastewaters that are not used oil; tank bottoms; used oil processing bottoms; used oil re-refining distillation bottoms; cooking oils; grease; oils containing 5 parts per million (ppm) polychlorinated biphenyls (PCBs) or greater; or, oils containing more than 1,000 ppm total halogens.
State law requires that used oil be managed as a hazardous waste in California unless it has been recycled and is shown to meet the statutory specifications for recycled oil or qualifies for a recycling exclusion. Consumers who change their own oil must manage their used oil appropriately (e.g., by taking it to a used oil collection center and not disposing of it to land, water, storm drains). Consumers are allowed to transport their own used oil to a used oil collection center or to a used oil recycling facility.
Businesses that generate used oil and used oil collection centers are required to meet all hazardous waste generator requirements. There are specific requirements for the types of containers used oil is stored in and for how long the used oil can be stored by the generator. Additionally, some of the business generators of used oil are required to have secondary containment for their tanks. Prior to transporting individual containers of used oil, DTSC regulations require the generator to label shipping containers for used oil as follows: "HAZARDOUS WASTE - State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, or the U.S. Environmental Protection Agency."
Commercially generated used oil is generated in the state by two distinct processes. First, generators who service, repair, and maintain equipment owned and operated by third-parties and who intend to profit from the arrangement, like mechanics. These generators are retail generators. Second, generators who service, repair, and maintain equipment they own and operate and for whom the process does not produce revenue, but rather is a net cost to them. Examples of these generators are trucking companies, railroads, utilities, and refineries. This bill applies to this second category of generators of "highly controlled used oil." The major distinction between retail and proprietary generators is that retail generators do not control the use of the oil while in the equipment, and only have control of the oil upon collecting the oil as a waste. Proprietary generators control the oil from the time it is new oil until it is removed from the equipment as a waste.
AB 2928 allows specified used oil, generated by a "highly controlled generator" to avoid managing their used oil as a hazardous waste. These highly controlled generators are those that would have their own fleet of vehicles, manage the vehicles, and maintain the vehicles.
- Used oil recycling in California. Most used oil in California is referined, which is an energy-efficient and environmentally beneficial method of managing used oil. Fifty to eighty percent less energy is required to produce a gallon of rerefined base stock than a base stock from crude oil. Rerefined oil is a lubricant base stock or oil base that has been derived from used oil and was processed using a series of mechanical or chemical methods, or both, including vacuum distillation followed by solvent refining or hydrotreating and capable of meeting the Physical and Compositional Properties, as defined under the American Society for Testing and Materials D6074-99 specification and processed into a material that has a quality level suitable for use in a finished lubricant.
Used oil can also be treated and used as a fuel in marine diesel engines. Asphalt flux used in roofing materials is another marketable product. Outside of California it is often burned for energy. Large industrial boilers burn the used oil and for energy and on a smaller scale some quantity of used oil is burned in specially designed heaters to provide space heating for small businesses.
- Double referral. This bill passed out of the Environmental Safety and Toxic Materials Committee on April 10th on the consent calendar.
- Previous legislation.
SB 546 (Lowenthal, Chapter 353, Statutes of 2009). Raised the fee paid by lubricating oil manufacturers from 16 cents to 24 cents per gallon; increased the incentives paid for recycling used oil; increased the testing requirements for used oil transporters; and, requires that transporters be inspected annually.
REGISTERED SUPPORT / OPPOSITION:
Support
California Council for Environmental and Economic Balance (sponsor)
Opposition
None on file
Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /
Date of Hearing: April 10, 2018
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bill Quirk, Chair
ABPCA Bill Id:AB 2928 (
Author:Chen) – As Amended Ver:March 19, 2018
SUBJECT: Hazardous waste: used oil
SUMMARY: Authorizes generators of highly controlled used oil to test their used oil once per year for the purposes of determining if the used oil is a hazardous waste, and allows generators to not have to manage their used oil as hazardous waste under certain conditions. Specifically, this bill:
1) Authorizes generators of highly controlled used oil to test their used oil once per year for the purposes of determining if the used oil is a hazardous waste and subject to regulation by the Department of Toxic Substances Control (DTSC).
2) Requires a generator of highly controlled used oil to include a certification of the annual test with each shipment of used oil that the generator claims is not a hazardous waste and shall maintain this certification statement on which the certification is based and is subject to audit by DTSC, the Unified Program Agency, or the Department of Resources, Recycling, and Recovery (CalRecycle).
3) Defines a "generator of highly controlled used oil" as a generator of used oil for whom all of the following apply: the generator services, repairs, and maintains equipment owned and operated only by the generator; the generator does not derive revenue from servicing and repairing its equipment; the generator's used oil is generated from equipment of similar types that are used under similar operating conditions; the generator does not use or store halogenated solvents; and, the generator provides a certification statement at the time the generator notifies DTSC that the generator employs management practices that prevent halogenated solvents from coming into contact with, or commingling with, the used oil that the generator is claiming is not a hazardous waste.
EXISTING LAW:
1) Creates the Hazardous Waste Control Law (HWCL), which authorizes DTSC to regulate the management of hazardous wastes in California. (Health and Safety Code (HSC) § 25100 et. seq.)
2) Authorizes DTSC to conduct inspections, conduct sampling activities, inspect and copy documents, and take photographs at sites or establishments where hazardous wastes are stored, handled, processed, treated, or disposed. (HSC § 25185)
3) Establishes management standards for used oil including transportation, testing, and storage requirements. (HSC § 25250 et seq.)
4) Requires used oil to be managed as a hazardous waste unless it is excluded through regulation; is dielectric fluid removed from oil-filled electrical equipment that is filtered and replaced onsite; or, it has been shown through testing by the generator to meet the requirements for exclusion within the HWCL. (HSC §25250.4)
5) Defines used oil as "any 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." (HSC § 25250.1)
6) Creates the California Oil Recycling Enhancement (CORE) Act which is designed to reduce the illegal disposal of used oil and recycle and reclaim used oil to the greatest extent possible. (Public Resources Code § 48601)
FISCAL EFFECT: Unknown.
COMMENTS:
Need for the bill: According to the author,
"AB 2928 seeks to provide regulatory and cost relief for a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics outlined in statute and regulation deeming it hazardous waste nor contaminated with halogenated solvents. This narrow subset of used oil is entirely recyclable. If a generator were able to certify it is not hazardous or contaminated with halogenated solvents subject to auditing and verification by DTSC, CalRecycle or a CUPA, it would be excluded from being deemed hazardous waste by DTSC and instead be handled as recycled oil under CalRecycle’s used oil program. This would help reduce some of the regulatory burdens associated with currently being required to manage all used oil as hazardous waste; potentially reduce a generator’s hazardous waste status (small vs. large quantity generator); result in cost savings associated with more manageable and reasonable requirements; and ensure more highly controlled used oil is recycled versus being commingled with contaminated oils, solvents, and shipped out of state for disposal. As an added benefit, in providing this alternative pathway, the highly controlled used oil could have a more direct pathway to recycling and help reduce the state’s hazardous waste generation numbers – an interest of DTSC relative to their 50% hazardous waste reduction goal."
California Hazardous Waste Control Law (HWCL): The HWCL is the state's program that implements and enforces federal hazardous waste law in California and directs DTSC to oversee and implement the state's HWCL. Any person who stores, treats, or disposes of hazardous waste must obtain a permit from DTSC. The HWCL covers the entire management of hazardous waste, from the point the hazardous waste is generated, to management, transportation, and ultimately disposal into a state or federal authorized facility.
Used oil generated in California: Approximately 100 million gallons of used oil are recycled in California each year. An estimated 14 million gallons of California used oil gets recycled out-of-state each year. DTSC's used oil program regulates the proper management of used oil through inspections and enforcement of used oil recyclers, transfer facilities, and transporters. The CORE Act implemented by CalRecycle outlines the requirements for responsible management of used oil in California to reduce the amount of illegal disposal of used oil and encourage recycling and reuse, thereby minimizing impact to the environment.
Regulation of used oil: State law defines used oil as "any 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." Used oil includes, but is not limited to, the following used motor oils, used industrial oils, vehicle crankcase oils, hydraulic oils, transformer oils, engine lubricating oils, compressor oils, refrigeration oils, transmission fluids, turbine oils, metalworking oils, gearbox and differential oils, bearing oils, railroad oils, gear oils, and vegetable oils used for lubrication. Waste synthetic oils that may be managed as used oil include oil derived from coal, oil shale, or polymers, water-soluble petroleum-based oils, vegetable or animal oil used as a lubricant, hydraulic fluid, and heat transfer fluid.
Used oil does not include: antifreeze, brake fluid, other automotive wastes, fuels, and solvents.
Substances which are not regulated as used oils include: oils with a flashpoint below 100°F; oils mixed with hazardous waste; wastewater containing small amounts of used oil; oily wastes that are not used oil; oily wastewaters that are not used oil; tank bottoms; used oil processing bottoms; used oil re-refining distillation bottoms; cooking oils (edible); grease; oils containing 5 parts per million (ppm) polychlorinated biphenyls (PCBs) or greater; or, oils containing more than 1,000 ppm total halogens.
Management of used oil: State law requires that used oil be managed as a hazardous waste in California unless it has been recycled and is shown to meet the specifications for recycled oil in statute, or qualifies for a recycling exclusion under the law. Consumers who change their own oil must manage their used oil appropriately (e.g., by taking it to a used oil collection center, etc., and never disposing of it to land, water, storm drains, etc.). Consumers are allowed to transport their own used oil to a used oil collection center or to a used oil recycling facility without any permits or utilizing a hazardous waste manifest.
Under state law, businesses generating used oil, as well as used oil collection centers are required to meet all hazardous waste generator requirements. There are specific requirements for the types of containers used oil is stored in and for how long the used oil can be stored by the generator of the used oil. Additionally, some of the business generators of used oil are required to have secondary containment for their tanks, which is essentially a backup system designed to prevent the release and migration of wastes or accumulated liquids from the storage tank. Prior to transporting individual containers of used oil, regulations require that the generator must label shipping containers for used oil as follows: "HAZARDOUS WASTE - State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, or the U.S. Environmental Protection Agency."
Retail used oil generator and proprietary used oil generator: For the business sector (non-consumer) used oil is generated in the state by two distinct processes. The first category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by third-parties and who intend to profit from the arrangement. Examples of these generators are mechanics to whom individuals and companies take their vehicles and equipment for service and repairs, including oil changes. These generators are retail generators. The second category of used oil generators is comprised of generators who service, repair, and maintain equipment owned and operated by themselves, and for whom the process is not a revenue center, but rather is a net cost to them. Examples of these generators are trucking companies, railroads, utilities, and refineries, among others. These generators are proprietary generators of "highly controlled used oil." The major distinction between retail and proprietary generators is that retail generators do not control the use of the oil while in the equipment, and only have control of the oil upon generating the oil as a waste. Proprietary generators control the oil from the time it is new oil, until the time it is removed from the equipment and generated as a waste.
As the above information shows, managing used oil as a hazardous waste is complex. Anytime someone gets her/his car serviced and the oil is changed, that business, that provided the oil change service, is required to manage the used oil as a hazardous waste. Likewise, anytime a business, such as a railroad or a utility, that has a fleet of vehicles, changes the oil within their fleet, they also are required to manage the oil as a hazardous waste.
AB 2928 is seeking to allow a specified universe of used oil, generated by a "highly controlled generator" to be allowed to not have managed their used oil as a hazardous waste. These highly controlled generators are those that would have their own fleet of vehicles, manage the vehicles, and maintain the vehicles. The approach within AB 2928 is an interesting one that is worth exploring. Providing a process to allow a segment of used oil to not be managed as a hazardous waste, is a new one, and one that will need to be well thought out with proper oversight. This bill gets that process started.
Double referral: Should this bill be approved by this Committee, it will be heard next in the Assembly Natural Resources Committee.
Related legislation:
1) SB 546 (Lowenthal, Chapter 353, Statutes of 2009). Raised the fee paid by lubricating oil manufacturers from 16 cents to 24 cents per gallon; increased the incentives paid for recycling used oil; increased the testing requirements for used oil transporters and requires that transporters be inspected annually.
2) AB 907 (Chesbro, 2009). Would have made a variety of changes to the statutes regulating used lubricating oil including reducing the number of used oil collectors that can apply for recycling incentives; creating a new incentive for re-refined oil; and ,allowing additional funding for local government oil recycling efforts. This bill was not heard on the Senate Floor.
REGISTERED SUPPORT / OPPOSITION:
Support
California Council for Environmental and Economic Balance (sponsor)
California Manufacturers & Technology Association
California Railroad Industry
Chemical Industry Council of California
Western Independent Refiners Association
Opposition
None on file.
Analysis Prepared by: Josh Tooker / E.S. & T.M. /
Discussed in Hearing
4MIN
Assembly Floor
1MIN
Senate Floor
3MIN
Senate Standing Committee on Environmental Quality
Bill Author
Bill Co-Author(s):