AB 407: Hazardous waste: used oil.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-09-18
Current Status:
Failed
(2024-01-25: Consideration of Governor's veto stricken from file.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and defines used oil for those purposes. Existing law excludes from regulation used oil if the used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of specified criteria, including that the used oil is not subject to regulation as either hazardous waste or used oil under federal law.
This bill would provide an alternative to that criterion for exemption from regulation for used oil that is not subject to regulation as a hazardous waste under federal law and that meets certain state testing criteria.
Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and defines used oil for those purposes. Existing law excludes from regulation used oil that has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of specified criteria, including that the used oil is not subject to regulation as either hazardous waste or used oil under federal law.
This bill would change that criterion to instead require the used oil to either not be subject to regulation as either hazardous waste or used oil under federal law or that the used oil not be subject to regulation as a hazardous waste under federal law and meets certain testing criteria.
Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and defines used oil for those purposes. Existing law excludes from regulation used oil that meets has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of specified criteria, including that the used oil is not subject to regulation as either hazardous waste or used oil under federal law.
This bill would delete the criterion that the used oil not be subject to regulation as used oil under federal law.This bill would change that criterion to instead require the used oil to either not be subject to regulation as either hazardous waste or used oil under federal law or that the used oil not be subject to regulation as a hazardous waste under federal law and meets certain testing criteria.
Existing law authorizes the Department of Toxic Substances Control to regulate the disposal of hazardous waste, including used oil, and defines used oil for those purposes. Existing law excludes from regulation used oil that meets specified criteria, including that the used oil is not subject to regulation as either hazardous waste or used oil under federal law.
This bill would delete the criterion that the used oil not be subject to regulation as used oil under federal law.
(a)As used in this article, the following terms have the following meanings:
(1)(A)Used oil means all of the following:
(i)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.
(ii)Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(B)Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings.
(C)Used oil does not include any of the following:
(i)Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel.
(ii)(I)Wastewater, the discharge of which is subject to regulation under either Section 1317(b) or 1342 of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil.
(II)For purposes of this clause, de minimis quantities of used oil are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations.
(III)This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.
(iii)Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(iv)Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 parts per million (ppm) or greater.
(v)(I)Oil containing more than 1,000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(II)A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III).
(III)The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1,000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from very small quantity generators, as defined in Section 260.10 of Title 40 of the Code of Federal Regulations. This subclause does not authorize any person to violate the prohibition specified in Section 25250.7.
(2)Board means the California Integrated Waste Management Board.
(3)(A)Recycled oil means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive:
(i)Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7.
(ii)The recycled oil meets one of the following requirements:
(I)The recycled oil is produced by a generator lawfully recycling its oil.
(II)The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B).
(III)The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state.
(iii)Has been prepared for reuse and meets all of the following standards:
(I)The oil meets the standards of purity set forth in subparagraph (B).
(II)If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B).
(III)The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV)The oil is not subject to regulation as a hazardous waste under the federal act.
(V)If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B).
(B)The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards:
(i)Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit.
(ii)Total lead: 50 milligrams per kilogram (mg/kg) or less.
(iii)Total arsenic: 5 mg/kg or less.
(iv)Total chromium: 10 mg/kg or less.
(v)Total cadmium: 2 mg/kg or less.
(vi)Total halogens: 3,000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1,000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(vii)Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C)Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology used to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision.
(D)This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal.
(4)Used oil recycling facility means a facility that reprocesses or re-refines used oil.
(5)Used oil storage facility means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil.
(6)Used oil transfer facility means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3.
(7)(A)For purposes of this section and Section 25250.7 only, contaminated petroleum product means a product that meets all of the following conditions:
(i)It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent.
(ii)It has not been used for its original intended purpose.
(iii)It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(iv)It has not been mixed with a hazardous waste other than another contaminated petroleum product.
(B) This section or Section 25250.7 shall not be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter.
(b)Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department:
(1)The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions:
(A)The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a).
(B)The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a).
(C)The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(D)The used oil is not subject to regulation as either hazardous waste or used oil under the federal act, or the used oil is not subject to regulation as a hazardous waste under the federal act and meets the criteria in subdivision (b) of Section 25250.19.
(E)The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19.
(F)The used oil is not disposed of or used in a manner constituting disposal.
(2)The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19.
(c)Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 before its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria.
(d)Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(a)As used in this article, the following terms have the following meanings:
(1)(A)Used oil means all of the following:
(i)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.
(ii)Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(B)Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings.
(C)Used oil does not include any of the following:
(i)Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel.
(ii)(I)Wastewater, the discharge of which is subject to regulation under either Section 1317(b) or 1342 of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil.
(II)For purposes of this clause, de minimis quantities of used oil are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations.
(III)This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.
(iii)Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(iv)Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 parts per million (ppm) or greater.
(v)(I)Oil containing more than 1,000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(II)A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III).
(III)The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1,000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from very small quantity generators, as defined in Section 260.10 of Title 40 of the Code of Federal Regulations. This subclause does not authorize any person to violate the prohibition specified in Section 25250.7.
(2)Board means the California Integrated Waste Management Board.
(3)(A)Recycled oil means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive:
(i)Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7.
(ii)The recycled oil meets one of the following requirements:
(I)The recycled oil is produced by a generator lawfully recycling its oil.
(II)The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B).
(III)The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state.
(iii)Has been prepared for reuse and meets all of the following standards:
(I)The oil meets the standards of purity set forth in subparagraph (B).
(II)If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B).
(III)The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV)The oil is not subject to regulation as a hazardous waste under the federal act.
(V)If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B).
(B)The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards:
(i)Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit.
(ii)Total lead: 50 milligrams per kilogram (mg/kg) or less.
(iii)Total arsenic: 5 mg/kg or less.
(iv)Total chromium: 10 mg/kg or less.
(v)Total cadmium: 2 mg/kg or less.
(vi)Total halogens: 3000 3,000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1,000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(vii)Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C)Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology used to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision.
(D)This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal.
(4)Used oil recycling facility means a facility that reprocesses or re-refines used oil.
(5)Used oil storage facility means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil.
(6)Used oil transfer facility means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3.
(7)(A)For purposes of this section and Section 25250.7 only, contaminated petroleum product means a product that meets all of the following conditions:
(i)It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent.
(ii)It has not been used for its original intended purpose.
(iii)It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(iv)It has not been mixed with a hazardous waste other than another contaminated petroleum product.
(B) This section or Section 25250.7 shall not be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter.
(b)Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department:
(1)The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions:
(A)The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a).
(B)The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a).
(C)The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(D)The used oil is not subject to regulation as either hazardous waste or used oil under the federal act, or the used oil is not subject to regulation as a hazardous waste under the federal act and meets the criteria in subparagraph (A) of paragraph (3) of subdivision (b) of Section 25250.19.
(E)The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19.
(F)The used oil is not disposed of or used in a manner constituting disposal.
(2)The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19.
(c)Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 before its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria.
(d)Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(a)As used in this article, the following terms have the following meanings:
(1)(A)Used oil means all of the following:
(i)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.
(ii)Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(B)Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings.
(C)Used oil does not include any of the following:
(i)Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel.
(ii)(I)Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) or Section 402 (33 U.S.C. Sec. 1342) 1317(b) or 1342 of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil.
(II)For purposes of this clause, de minimis quantities of used oil are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations.
(III)This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.
(iii)Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(iv)Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 parts per million (ppm) or greater.
(v)(I)Oil containing more than 1,000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(II)A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III).
(III)The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1,000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from very small quantity generators, as defined in Section 263.13 260.10 of Title 40 of the Code of Federal Regulations. This subclause does not authorize any person to violate the prohibition specified in Section 25250.7.
(2)Board means the California Integrated Waste Management Board.
(3)(A)Recycled oil means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive:
(i)Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7.
(ii)The recycled oil meets one of the following requirements:
(I)The recycled oil is produced by a generator lawfully recycling its oil.
(II)The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B).
(III)The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state.
(iii)Has been prepared for reuse and meets all of the following standards:
(I)The oil meets the standards of purity set forth in subparagraph (B).
(II)If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B).
(III)The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV)The oil is not subject to regulation as a hazardous waste under the federal act.
(V)If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B).
(B)The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards:
(i)Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit.
(ii)Total lead: 50 milligrams per kilogram (mg/kg) or less.
(iii)Total arsenic: 5 mg/kg or less.
(iv)Total chromium: 10 mg/kg or less.
(v)Total cadmium: 2 mg/kg or less.
(vi)Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1,000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(vii)Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C)Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology used to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision.
(D)This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal.
(4)Used oil recycling facility means a facility that reprocesses or re-refines used oil.
(5)Used oil storage facility means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil.
(6)Used oil transfer facility means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3.
(7)(A)For purposes of this section and Section 25250.7 only, contaminated petroleum product means a product that meets all of the following conditions:
(i)It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent.
(ii)It has not been used for its original intended purpose.
(iii)It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(iv)It has not been mixed with a hazardous waste other than another contaminated petroleum product.
(B) This section or Section 25250.7 shall not be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter.
(b)Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department:
(1)The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions:
(A)The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a).
(B)The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a).
(C)The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(D)The used oil is not subject to regulation as either hazardous waste or used oil under the federal act. act, or the used oil is not subject to regulation as a hazardous waste under the federal act and meets the criteria in subparagraph (A) of paragraph (3) of subdivision (b) of Section 25250.19.
(E)The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19.
(F)The used oil is not disposed of or used in a manner constituting disposal.
(2)The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19.
(c)Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 before its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria.
(d)Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
SECTION 1.Section 25250.1 of the Health and Safety Code is amended to read:25250.1.(a)As used in this article, the following terms have the following meanings:(1)(A)Used oil means all of the following:(i)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.(ii)Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.(B)Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings.(C)Used oil does not include any of the following:(i)Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel.(ii)(I)Wastewater, the discharge of which is subject to regulation under either Section 1317(b) or 1342 of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil.(II)For purposes of this clause, de minimis quantities of used oil are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations.(III)This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.(iii)Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.(iv)Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 parts per million (ppm) or greater.(v)(I)Oil containing more than 1,000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.(II)A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III).(III)The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1,000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from very small quantity generators, as defined in Section 260.10 of Title 40 of the Code of Federal Regulations. This subclause does not authorize any person to violate the prohibition specified in Section 25250.7.(2)Board means the California Integrated Waste Management Board.(3)(A)Recycled oil means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive:(i)Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7.(ii)The recycled oil meets one of the following requirements:(I)The recycled oil is produced by a generator lawfully recycling its oil.(II)The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B).(III)The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state.(iii)Has been prepared for reuse and meets all of the following standards:(I)The oil meets the standards of purity set forth in subparagraph (B).(II)If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B).(III)The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.(IV)The oil is not subject to regulation as a hazardous waste under the federal act.(V)If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B).(B)The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards:(i)Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit.(ii)Total lead: 50 milligrams per kilogram (mg/kg) or less.(iii)Total arsenic: 5 mg/kg or less.(iv)Total chromium: 10 mg/kg or less.(v)Total cadmium: 2 mg/kg or less.(vi)Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1,000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.(vii)Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.(C)Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology used to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision.(D)This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal.(4)Used oil recycling facility means a facility that reprocesses or re-refines used oil.(5)Used oil storage facility means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil.(6)Used oil transfer facility means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3.(7)(A)For purposes of this section and Section 25250.7 only, contaminated petroleum product means a product that meets all of the following conditions:(i)It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent.(ii)It has not been used for its original intended purpose.(iii)It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.(iv)It has not been mixed with a hazardous waste other than another contaminated petroleum product.(B) This section or Section 25250.7 shall not be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter.(b)Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department:(1)The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions:(A)The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a).(B)The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a).(C)The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.(D)The used oil is not subject to regulation as a hazardous waste under the federal act.(E)The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19.(F)The used oil is not disposed of or used in a manner constituting disposal.(2)The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19.(c)Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 before its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria.(d)Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.(a)As used in this article, the following terms have the following meanings:
(1)(A)Used oil means all of the following:
(i)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.
(ii)Material that is subject to regulation as used oil under Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(B)Examples of used oil are spent lubricating fluids that have been removed from an engine crankcase, transmission, gearbox, or differential of an automobile, bus, truck, vessel, plane, heavy equipment, or machinery powered by an internal combustion engine; industrial oils, including compressor, turbine, and bearing oil; hydraulic oil; metalworking oil; refrigeration oil; and railroad drainings.
(C)Used oil does not include any of the following:
(i)Oil that has a flashpoint below 100 degrees Fahrenheit or that has been mixed with hazardous waste, other than minimal amounts of vehicle fuel.
(ii)(I)Wastewater, the discharge of which is subject to regulation under either Section 307(b) (33 U.S.C. Sec. 1317(b)) 1317(b) or Section 402 (33 U.S.C. Sec. 1342) 1342 of the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), including wastewaters at facilities that have eliminated the discharge of wastewater, contaminated with de minimis quantities of used oil.
(II)For purposes of this clause, de minimis quantities of used oil are small spills, leaks, or drippings from pumps, machinery, pipes, and other similar equipment during normal operations, or small amounts of oil lost to the wastewater treatment system during washing or draining operations.
(III)This exception does not apply if the used oil is discarded as a result of abnormal manufacturing operations resulting in substantial leaks, spills, or other releases or to used oil recovered from wastewaters.
(iii)Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(iv)Oil that contains polychlorinated biphenyls (PCBs) at a concentration of 5 parts per million (ppm) or greater.
(v)(I)Oil containing more than 1,000 ppm total halogens, which shall be presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D (commencing with Section 261.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(II)A person may rebut the presumption specified in subclause (I) by demonstrating that the used oil does not contain hazardous waste, including, but not limited to, in the manner specified in subclause (III).
(III)The presumption specified in subclause (I) is rebutted if it is demonstrated that the used oil that is the source of total halogens at a concentration of more than 1,000 ppm is solely either household waste, as defined in Section 261.4(b)(1) of Title 40 of the Code of Federal Regulations, or is collected from very small quantity generators, as defined in Section 263.13 260.10 of Title 40 of the Code of Federal Regulations. This subclause does not authorize any person to violate the prohibition specified in Section 25250.7.
(2)Board means the California Integrated Waste Management Board.
(3)(A)Recycled oil means any oil that meets all of the following requirements specified in clauses (i) to (iii), inclusive:
(i)Is produced either solely from used oil, or is produced solely from used oil that has been mixed with one or more contaminated petroleum products or oily wastes, other than wastes listed as hazardous under the federal act, provided that if the resultant mixture is subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations, the mixture is managed as a hazardous waste in accordance with all applicable hazardous waste regulations, and the recycled oil produced from the mixture is not subject to regulation as a hazardous waste under Section 279.10(b)(2) of Title 40 of the Code of Federal Regulations. If the oily wastes with which the used oil is mixed were recovered from a unit treating hazardous wastes that are not oily wastes, these recovered oily wastes are not excluded from being considered as oily wastes for purposes of this section or Section 25250.7.
(ii)The recycled oil meets one of the following requirements:
(I)The recycled oil is produced by a generator lawfully recycling its oil.
(II)The recycled oil is produced at a used oil recycling facility that is authorized to operate pursuant to Section 25200 or 25200.5 solely by means of one or more processes specifically authorized by the department. The department may not authorize a used oil recycling facility to use a process in which used oil is mixed with one or more contaminated petroleum products or oily wastes unless the department determines that the process to be authorized for mixing used oil with those products or wastes will not substantially contribute to the achievement of compliance with the specifications of subparagraph (B).
(III)The recycled oil is produced in another state, and the used oil recycling facility where the recycled oil is produced, and the process by which the recycled oil is produced, are authorized by the agency authorized to implement the federal act in that state.
(iii)Has been prepared for reuse and meets all of the following standards:
(I)The oil meets the standards of purity set forth in subparagraph (B).
(II)If the oil was produced by a generator lawfully recycling its oil or the oil is lawfully produced in another state, the oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B).
(III)The oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(IV)The oil is not subject to regulation as a hazardous waste under the federal act.
(V)If the oil was produced lawfully at a used oil recycling facility in this state, the oil is not hazardous pursuant to any characteristic or constituent for which the department has made the finding required by subparagraph (B) of paragraph (2) of subdivision (a) of Section 25250.19, except for one of the characteristics or constituents identified in the standards of purity set forth in subparagraph (B).
(B)The following standards of purity are in effect for recycled oil, in liquid form, unless the department, by regulation, establishes more stringent standards:
(i)Flashpoint: minimum standards set by the American Society for Testing and Materials for the recycled products. However, recycled oil to be burned for energy recovery shall have a minimum flashpoint of 100 degrees Fahrenheit.
(ii)Total lead: 50 milligrams per kilogram (mg/kg) or less.
(iii)Total arsenic: 5 mg/kg or less.
(iv)Total chromium: 10 mg/kg or less.
(v)Total cadmium: 2 mg/kg or less.
(vi)Total halogens: 3000 mg/kg or less. However, recycled oil shall be demonstrated by testing to contain not more than 1,000 mg/kg total halogens listed in Appendix VIII of Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(vii)Total polychlorinated biphenyls (PCBs): less than 2 mg/kg.
(C)Compliance with the specifications of subparagraph (B) or with the requirements of clauses (iv) and (v) of subparagraph (B) of paragraph (1) shall not be met by blending or diluting used oil with crude or virgin oil, or with a contaminated petroleum product or oily waste, except as provided in subclause (II) of clause (ii) of subparagraph (A), and shall be determined in accordance with the procedures for identification and listing of hazardous waste adopted in regulations by the department. Persons authorized by the department to recycle oil shall maintain records of volumes and characteristics of incoming used oil and outgoing recycled oil and documentation concerning the recycling technology used to demonstrate to the satisfaction of the department or other enforcement agencies that the recycling has been achieved in compliance with this subdivision.
(D)This paragraph does not apply to oil that is to be disposed of or used in a manner constituting disposal.
(4)Used oil recycling facility means a facility that reprocesses or re-refines used oil.
(5)Used oil storage facility means a storage facility, as defined in subdivision (b) of Section 25123.3, that stores used oil.
(6)Used oil transfer facility means a transfer facility, as defined in subdivision (a) of Section 25123.3, that meets the qualifications to be a storage facility, for purposes of Section 25123.3.
(7)(A)For purposes of this section and Section 25250.7 only, contaminated petroleum product means a product that meets all of the following conditions:
(i)It is a hydrocarbon product whose original intended purpose was to be used as a fuel, lubricant, or solvent.
(ii)It has not been used for its original intended purpose.
(iii)It is not listed in Subpart D (commencing with Section 251.30) of Part 261 of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(iv)It has not been mixed with a hazardous waste other than another contaminated petroleum product.
(B) This section or Section 25250.7 shall not be construed to affect the exemptions in Section 25250.3, or to subject contaminated petroleum products that are not hazardous waste to any requirements of this chapter.
(b)Unless otherwise specified, used oil that meets either of the following conditions is not subject to regulation by the department:
(1)The used oil has not been treated by the generator of the used oil, the generator claims the used oil is exempt from regulation by the department, and the used oil meets all of the following conditions:
(A)The used oil meets the standards set forth in subparagraph (B) of paragraph (3) of subdivision (a).
(B)The used oil is not hazardous pursuant to the criteria adopted by the department pursuant to Section 25141 for any characteristic or constituent other than those listed in subparagraph (B) of paragraph (3) of subdivision (a).
(C)The used oil is not mixed with any waste listed as a hazardous waste in Part 261 (commencing with Section 261.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
(D)The used oil is not subject to regulation as either a hazardous waste or used oil under the federal act.
(E)The generator of the used oil has complied with the notification requirements of subdivision (c) and the testing and recordkeeping requirements of Section 25250.19.
(F)The used oil is not disposed of or used in a manner constituting disposal.
(2)The used oil meets all the requirements for recycled oil specified in paragraph (3) of subdivision (a), the requirements of subdivision (c), and the requirements of Section 25250.19.
(c)Used oil recycling facilities and generators lawfully recycling their own used oil that are the first to claim that recycled oil meets the requirements specified in paragraph (2) of subdivision (b) shall maintain an operating log and copies of certification forms, as specified in Section 25250.19. Any person who generates used oil, and who claims that the used oil is exempt from regulation pursuant to paragraph (1) of subdivision (b), shall notify the department, in writing, of that claim and shall comply with the testing and recordkeeping requirements of Section 25250.19 before its reuse. In any action to enforce this article, the burden is on the generator or recycling facility, whichever first claimed that the used oil or recycled oil meets the standards and criteria, and on the transporter or the user of the used oil or recycled oil, whichever has possession, to prove that the oil meets those standards and criteria.
(d)Used oil shall be managed in accordance with the requirements of this chapter and any additional applicable requirements of Part 279 (commencing with Section 279.1) of Subchapter I of Chapter 1 of Title 40 of the Code of Federal Regulations.
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Date
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Status
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|---|---|
| Jan 25, 2024 | Consideration of Governor's veto stricken from file. |
| Jan 3, 2024 | Consideration of Governor's veto pending. |
| Oct 8, 2023 | Vetoed by Governor. |
| Sep 20, 2023 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2023 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3442.). |
| Sep 12, 2023 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 12, 2023 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2686.). |
| Sep 8, 2023 | Ordered to special consent calendar. |
| Sep 5, 2023 | Read second time. Ordered to third reading. |
| Sep 1, 2023 | From committee: Do pass. (Ayes 7. Noes 0.) (September 1). |
| Aug 14, 2023 | In committee: Referred to APPR suspense file. |
| Jul 5, 2023 | Re-referred to Com. on APPR. |
| Jun 29, 2023 | From committee: Do pass and re-refer to Com. on RLS with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on RLS. |
| Jun 14, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. |
| May 22, 2023 | In committee: Hearing postponed by committee. |
| May 3, 2023 | Referred to Com. on E.Q. |
| Mar 23, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Mar 23, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 889.) |
| Mar 16, 2023 | Read second time. Ordered to Consent Calendar. |
| Mar 15, 2023 | From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (March 14). |
| Mar 14, 2023 | Re-referred to Com. on E.S. & T.M. |
| Mar 13, 2023 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended. |
| Feb 9, 2023 | Referred to Com. on E.S. & T.M. |
| Feb 3, 2023 | From printer. May be heard in committee March 5. |
| Feb 2, 2023 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 13, 2023 | AB 407 Chen Concurrence in Senate Amendments | Assembly Floor |
Passed |
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| Sep 12, 2023 | Special Consent AB407 Chen By Nguyen | Senate Floor |
Passed |
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| Sep 1, 2023 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 14, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 28, 2023 | Do pass, but first be re-referred to the Committee on [Rules] with the recommendation: To Consent Calendar | Senate Standing Committee on Environmental Quality |
Passed |
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| Mar 23, 2023 | AB 407 Chen Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Mar 14, 2023 | Do pass. 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.
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Organization
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Position
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Date
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|---|---|---|
| California Council For Environmental And Economic Balance | ** Support |
GOVERNOR'S VETO
GV Bill Id:AB 407
Author:(Chen)
As Enrolled Ver:September 18, 2023
2/3 vote
SUMMARY
Allows used oil to be exempt from regulation under state hazardous waste law if it meets specified criteria in existing law, is not subject to regulation as a hazardous waste under federal law, and meets the criteria for exemption as a highly controlled generator of used oil or specified testing requirements within existing law.
Senate Amendments:
Authorizes used oil to be exempt from regulation under state hazardous waste law if it meets specified testing requirements within existing law.
Governor's Veto Message:
Despite meeting certain purity standards, highly controlled used oil is still a hazardous material requiring oversight to mitigate public health and environmental concerns. While I appreciate the author's intent to provide used oil generators with alternative pathways to more sustainable recycling options, this bill undermines the ability of the Department of Toxic Substances Control (DTSC) to investigate and prove violations of improper used oil management practices. I encourage the author to work with the DTSC to develop strategies to achieve recyclability of used oil that are consistent with state health and environmental standards.
COMMENTS
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 the Department of Toxic Substances Control (DTSC) to oversee and implement the state's HWCL. 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 additional 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 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.
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 and never disposing of it on land, or in water or storm drains). 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 a hazardous waste manifest.
Under state law, businesses generating 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 that used oil is stored in, and 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 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."
Recent changes to used oil exemptions: AB 2928 (Chen), Chapter 440, Statutes of 2018, allowed a specified universe of used oil, generated by a "highly controlled generator" to not have to manage their used oil as a hazardous waste. Highly controlled generators are those that have their own fleet of vehicles, which they manage and maintain. However, generators of highly controlled used oil have encountered a hiccup when applying for this exemption. Since their oil would meet the definition of being regulated as used oil under federal law, they have been unable to use the exemption created in AB 2928.
This bill: This bill fixes the issue generators of highly controlled used oil have encountered to allow for the use of the exemption created in AB 2928. Specifically, this bill deletes a condition that the used oil seeking exemption under current statute cannot be regulated as a used oil under federal law. However, the used oil would not be exempt from state regulation if it is regulated as a hazardous waste under federal law. This change, consistent AB 2928, could allow for more recycling options for used oil such as re-refining it back into oil.
According to the Author
"This bill would delete the rule that the used oil not be accountable to regulation as used oil under federal law."
Arguments in Support
According to the California Council on Environmental and Economic Balance [CCEEB], "CCEEB was pleased to have worked with Assemblymember Chen on his AB 2928 in 2018 to provide regulatory and cost relief for generators of a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics or have contaminants and solvents deeming it hazardous waste. Importantly, such used oil is entirely recyclable and AB 2928 was intended to provide 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. Unfortunately, a lack of clarity has arisen since AB 2928's passage potentially impacting generators' ability to claim the exemption in California.
AB 407 will help provide further clarity under California statute that used oil that is compliant with federal and state specifications, beyond burning the used oil for energy recovery, is not hazardous waste and subject to regulation or hazardous waste fees under the Department's authority.
It should also be noted that AB 407 is not going to change manifesting procedures nor increase the amount of used oil that is not being manifested as hazardous waste. Generators who have taken advantage of the state and federal pathway for exempting used oil from being hazardous waste have not manifested this subset of used oil as hazardous waste. All in all, AB 407 seeks to provide clarity in California statute that this subset of used oil indeed has pathways to be deemed exempt and remove any ambiguity that the Department may have in its review and interpretation."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, enactment of this bill could result in annual revenue loss to DTSC of about $1- $2 million. However, actual revenue loss is dependent on a reduction in fees being charged or collected and it's not clear if those fees are currently being collected or would be collected in future years.
VOTES
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 9-0-0
YES: Lee, Hoover, Arambula, Bauer-Kahan, Connolly, McKinnor, Pacheco, Ta, Zbur
ASSEMBLY FLOOR: 74-0-6
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner Horvath, Bonta, Bryan, Calderon, Juan Carrillo, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Wendy Carrillo, Cervantes, Chen, Maienschein, Mathis, McCarty
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Caballero
ASSEMBLY FLOOR: 79-0-1
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Jones-Sawyer
UPDATED
VERSION: September 18, 2023
CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0002545
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 407
Author:(Chen)
As Amended Ver:June 14, 2023
Majority vote
SUMMARY
Allows used oil to be exempt from regulation under state hazardous waste law if it meets specified criteria in existing law, is not subject to regulation as a hazardous waste under federal law, and meets the criteria for exemption as a highly controlled generator of used oil or specified testing requirements within existing law.
Senate Amendments
Authorizes used oil to be exempt from regulation under state hazardous waste law if it meets specified testing requirements within existing law.
COMMENTS
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 the Department of Toxic Substances Control (DTSC) to oversee and implement the state's HWCL. 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 additional 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 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.
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 and never disposing of it on land, or in water or storm drains). 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 a hazardous waste manifest.
Under state law, businesses generating 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 that used oil is stored in, and 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 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."
Recent changes to used oil exemptions: AB 2928 ((Chen), Chapter 440, Statutes of 2018) allowed a specified universe of used oil, generated by a "highly controlled generator" to not have to manage their used oil as a hazardous waste. Highly controlled generators are those that have their own fleet of vehicles, which they manage and maintain. However, generators of highly controlled used oil have encountered a hiccup when applying for this exemption. Since their oil would meet the definition of being regulated as used oil under federal law, they have been unable to use the exemption created in AB 2928.
This bill: This bill fixes the issue generators of highly controlled used oil have encountered to allow for the use of the exemption created in AB 2928. Specifically, this bill deletes a condition that the used oil seeking exemption under current statute cannot be regulated as a used oil under federal law. However, the used oil would not be exempt from state regulation if it is regulated as a hazardous waste under federal law. This change, consistent AB 2928, could allow for more recycling options for used oil such as re-refining it back into oil.
According to the Author
"This bill would delete the rule that the used oil not be accountable to regulation as used oil under federal law."
Arguments in Support
According to the California Council on Environmental and Economic Balance [CCEEB], "CCEEB was pleased to have worked with Assemblymember Chen on his AB 2928 in 2018 to provide regulatory and cost relief for generators of a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics or have contaminants and solvents deeming it hazardous waste. Importantly, such used oil is entirely recyclable and AB 2928 was intended to provide 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. Unfortunately, a lack of clarity has arisen since AB 2928’s passage potentially impacting generators’ ability to claim the exemption in California.
AB 407 will help provide further clarity under California statute that used oil that is compliant with federal and state specifications, beyond burning the used oil for energy recovery, is not hazardous waste and subject to regulation or hazardous waste fees under the Department’s authority.
It should also be noted that AB 407 is not going to change manifesting procedures nor increase the amount of used oil that is not being manifested as hazardous waste. Generators who have taken advantage of the state and federal pathway for exempting used oil from being hazardous waste have not manifested this subset of used oil as hazardous waste. All in all, AB 407 seeks to provide clarity in California statute that this subset of used oil indeed has pathways to be deemed exempt and remove any ambiguity that the Department may have in its review and interpretation."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, enactment of this bill could result in annual revenue loss to DTSC of about $1- $2 million. However, actual revenue loss is dependent on a reduction in fees being charged or collected and it's not clear if those fees are currently being collected or would be collected in future years.
VOTES:
ASM ENVIRONMENTAL SAFETY AND TOXIC MATERIALS: 9-0-0
YES: Lee, Hoover, Arambula, Bauer-Kahan, Connolly, McKinnor, Pacheco, Ta, Zbur
ASSEMBLY FLOOR: 74-0-6
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner Horvath, Bonta, Bryan, Calderon, Juan Carrillo, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
ABS, ABST OR NV: Wendy Carrillo, Cervantes, Chen, Maienschein, Mathis, McCarty
UPDATED
VERSION: June 14, 2023
CONSULTANT: Josh Tooker / E.S. & T.M. / (916) 319-3965 FN: 0001597
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 407 |
THIRD READING
Bill No: AB 407
Author: Chen (R)
Amended: 6/14/23 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/28/23
AYES: Allen, Dahle, Gonzalez, Hurtado, Menjivar, Nguyen, Skinner
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23
AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener
ASSEMBLY FLOOR: 74-0, 3/23/23 (Consent) - See last page for vote
SUBJECT: Hazardous waste: used oil
SOURCE: Author
DIGEST: This bill clarifies how material that is exempted from hazardous waste regulation as a used oil under state law can be managed.
ANALYSIS:
Existing law:
- Authorizes through the Hazardous Waste Control Law (HWCL) the 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.)
- 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)
- 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)
- 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. (HSC § 25250.19)
- 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 allows used oil that is exempt from regulation under state law and is not subject to regulation as a hazardous waste under federal law to be used in ways other than burning for energy recovery.
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 additional 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 impacts on 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; edible 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.
- 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 and never disposing of it on land, or in water or storm drains). 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 a hazardous waste manifest.
Under state law, businesses generating 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 that used oil is stored in, and 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 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."
Comments
- Purpose of Bill. According to the author, "This bill would delete the rule that the used oil not be accountable to regulation as used oil under federal law."
- Recent changes to used oil exemptions: AB 2928 (Chen, Chapter 440, Statutes of 2018) sought to expand the types of used oil that could be tested and thereby demonstrate it is not hazardous waste based on the various characteristics outlined in statute. That expansion was specifically focused on adding highly controlled used oil (HCUO) to the list of used oil exempt from being managed as a hazardous waste. Highly controlled generators are those that have their own fleet of vehicles, which they manage and maintain. However, generators of HCUO have been unable to use the exemption created in AB 2928 due to a lack of clarity around whether such used oil would still meet the definition of being regulated as used oil under federal law.
Federal law provides for exempting used oil from being deemed hazardous waste if it meets certain specifications, as defined, and is sent for energy recovery. DTSC has interpreted this to mean even if the used oil meets both the federal and state specifications but it is sent for recycling, it is still considered hazardous waste under federal law due to it not being burned for energy recovery. Notably, however, federal regulations provides a number of pathways, beyond burning it for energy recovery, for exempting used oil that meets the testing requirements under state law. More specifically, federal regulations speaks to “materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal” are not “used oil” under federal law and therefore not subject to hazardous waste regulations in federal law.
- Provides clarity to used oil exemption. AB 407 will help provide further clarity under California statute that used oil that is compliant with federal and state specifications, beyond burning the used oil for energy recovery, is not hazardous waste. This bill fixes the issue generators of highly controlled used oil have encountered to allow for the use of the exemption created in AB 2928 and extends this flexibility to all exempt used oil.
The changes proposed by AB 407 are consistent with the CORE Act and AB 2928 and could allow for more recycling options for used oil such as re-refining the oil back into oil. It is important to note that the used oil would not be exempt from state regulation if it is regulated as a hazardous waste under federal law.
Related/Prior Legislation
AB 2928 (Chen, Chapter 440, Statutes of 2018) authorized 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 allowed generators to not have to manage their used oil as hazardous waste under certain conditions.
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.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
According to the Senate Appropriations Committee, DTSC estimates forgone state revenue of about $1 - $2 million annually (HWCA) as a result of this bill. Staff note that actual revenue losses would be dependent on this bill resulting in the cessation or reduction of fees charged and collected under existing law. At this time, it is not clear whether these fees are currently being collected or, absent this bill, would be collected in future years on used oil as specified. See staff comments for details.
SUPPORT: (Verified 9/1/23)
California Council for Environmental and Economic Balance
OPPOSITION: (Verified 9/1/23)
None received
ARGUMENTS IN SUPPORT: According to the California Council for Environmental and Economic Balance (CCEEB), “CCEEB was pleased to have worked with Assemblymember Chen on his AB 2928 in 2018 to provide regulatory and cost relief for generators of a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics or have contaminants and solvents deeming it hazardous waste. Importantly, such used oil is entirely recyclable and AB 2928 was intended to provide 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.
“Unfortunately, a lack of clarity has arisen since AB 2928’s passage potentially impacting generators’ ability to claim the exemption in California…All in all, AB 407 seeks to provide clarity in California statute that this subset of used oil indeed has pathways to be deemed exempt and remove any ambiguity that the Department may have in its review and interpretation.”
ASSEMBLY FLOOR: 74-0, 3/23/23
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner Horvath, Bonta, Bryan, Calderon, Juan Carrillo, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon
NO VOTE RECORDED: Wendy Carrillo, Cervantes, Chen, Maienschein, Mathis, McCarty
Prepared by: Gabrielle Meindl / E.Q. / (916) 651-4108
9/2/23 14:58:40
**** END ****
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 407 (Chen) - Hazardous waste: used oil
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would allow used oil that is exempt from regulation under state law and is not subject to regulation as a hazardous waste under federal law to be used in ways other than burning for energy recovery.
Fiscal Impact:
- The Department of Toxic Substances Control (DTSC) estimates forgone state revenue of about $1 - $2 million annually (Hazardous Waste Control Account [HWCA]) as a result of this bill. Staff note that actual revenue losses would be dependent on this bill resulting in the cessation or reduction of fees charged and collected under existing law. At this time, it is not clear whether these fees are currently being collected or, absent this bill, would be collected in future years on used oil as specified. See staff comments for details.
Background:
DTSC is charged with protecting the people of California and the environment from the harmful effects of toxic substances. Among other things, the department regulates the generation, storage, transportation, and disposal of hazardous waste through permitting, compliance monitoring, and enforcement of noncompliance.
DTSC’s Hazardous Waste Management Program. The Hazardous Waste Management Program regulates hazardous waste to minimize risks to public health and the environment. The program oversees permitting and compliance at 100 authorized facilities that manage hazardous waste, approximately 800 registered businesses that transport hazardous waste, approximately 5,000 federally-regulated generators, over 70,000 state-regulated generators, and approximately 300 facilities that are subject to corrective actions. Additionally, the program manages approximately $2.5 billion in financial assurance resources, and supports and oversees 81 local agencies implementing the hazardous waste program elements of the Unified Program. The program monitors hazardous waste transfer, storage, treatment, and disposal facilities for illegal activity, including electronic manifest surveillance and monitoring of registered hazardous waste transporters; enforcement of hazardous waste requirement violations found through routine inspections; complaint intake, triage, and investigations; and other focused enforcement initiatives. The program also enforces compliance with hazardous waste requirements related to electronic waste and used oil.
HWCA primarily funds DTSC’s regulatory activities. HWCA is one of the department’s two major special funds (the other being the Toxic Substances Control Account [TSCA]). The fund primarily supports the department’s Hazardous Waste Management Program, which regulates the generation, storage, transportation, and disposal of hazardous waste through permitting, compliance monitoring, and enforcement of noncompliance. The account is sustained by regulatory fees charged to hazardous waste generators, waste disposal entities, and other facilities that handle hazardous waste.
DTSC recently underwent significant governance and fiscal reform. Budget trailer legislation as part of the 2021‑22 budget package, Chapter 73 of 2021 (SB 158, Committee on Budget and Fiscal Review), restructured and increased the charges that support HWCA and TSCA. The resulting revenues provided from the changes were intended to (1) solve the longstanding structural deficits in HWCA and TSCA, (2) support a new Board of Environmental Safety, (3) support programmatic expansions that address high‑priority programs and activities, and (4) build sufficient reserves in both accounts. These reforms were estimated to increase revenues in HWCA by $46.3 million ($22.5 million to address the account’s structural deficit and $23.8 million for programmatic expansions) beginning in 2022‑23. (The 2021‑22 budget also provided one‑time General Fund resources of $29 million to HWCA to keep the account solvent and to advance high‑priority programmatic expansions a year early.)
Senate Bill 158 also established the Board of Environmental Safety within the department. The five‑member board is responsible for hearing hazardous waste permit appeals and providing strategic guidance to the department. The board also has the authority to set charge levels for HWCA and TSCA in future years beginning in 2023‑24. Specifically, the board will set charges annually to align revenues from both accounts to the amount of expenditures authorized by the Legislature through the annual budget act.
The Generation and Handling Fee (GH Fee). SB 158 established the GH Fee in lieu of the Generator Fee that was previously in place, effective January 1, 2022. The GH Fee is a fiscal year fee, applied to hazardous wastes generated in the previous calendar year. Unlike the Generator Fee, the GH Fee is not based on a tiered system, but rather charges a set per ton rate. The payments of the GH Fee are due in the fiscal year the fee is assessed. The fee for fiscal year 2022-23 is set in Health & Safety Code section 25205.5 and was set at a level intended to generate revenues necessary to fund DTSC’s expected level of service in 2022-23 and begin establishing a prudent reserve. Beginning July 1, 2023, the Board of Environmental Safety is authorized to set the annual GH Fee to correspond to the annual appropriation amount for 2023-24, up to a specified cap, per Health & Safety Code section 25205.5.01. Beginning in 2024-25, SB 158 requires that the Board adjust the GH Fee for changes to the CPI as determined by the Department of Industrial Relations. SB 158 removes exemptions previously allowed for the Generator Fee. According to DTSC, the GH Fee now includes imported hazardous waste and used oil as being subject to the GH Fee.
Actual GH Fee revenues much lower than initial estimates. SB 158 established a flat per ton rate for all GH feepayers and aligned fees to the fiscal year, in part to allow adequate time for the Board of Environmental Safety to set the GH Fee rate. Beginning in 2023-24, the newly established BES is responsible for setting the rate of DTSC’s three main revenue sources, which includes the GH Fee, Facility Fee, and Environmental Fee annually by October 1. GH Fee payers are required to make an electronic prepayment equal to half the fee owed to the California Department of Tax and Fee Administration (CDTFA) in November and file an annual return the following February. Prior to the BES setting the rate, SB 158 specified that the rate of $49.25 per ton be paid for fees owed in 2022-23. During fee reform, the $49.25 per ton rate for the GH Fee was estimated to generate approximately $81 million in revenues. However, to date DTSC has only collected $30 million, and current estimates indicate approximately $40 million will be collected in total for the 2022-23 fiscal year.
The 2023 Budget included $55 million in loans—$15 million from TSCA and $40 million from the Beverage Container Recycling Fund—to HWCA in 2023-24. It also provided $1.2 million from HWCA for five positions and increased contract authority to support in-depth analysis of the current shortfall in GH Fee revenues, as well as to increase various fee administration activities to better ensure that generators are paying the amounts owed.
Used oil generated in California. Approximately 100 million gallons of used oil are recycled in California each year. An estimated additional 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 California Oil Recycling Enhancement (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 impacts on the environment.
Recent changes to used oil exemptions. AB 2928 (Chen, Chapter 440, Statutes of 2018) sought to expand the types of used oil that could be tested and thereby demonstrate it is not hazardous waste based on the various characteristics outlined in statute. That expansion was specifically focused on adding highly controlled used oil (HCUO) to the list of used oil exempt from being managed as a hazardous waste. Highly controlled generators are those that have their own fleet of vehicles, which they manage and maintain.
Proposed Law:
This bill would allow used oil that is exempt from regulation under state law and is not subject to regulation as a hazardous waste under federal law to be used in ways other than burning for energy recovery.
Related Legislation:
AB 2928 (Chen, Chapter 440, Statutes of 2018) 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.
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.
Staff Comments:
As noted above, any actual revenue losses due to this bill would be dependent on it resulting in the cessation or reduction of fees charged and collected under existing law. At this time, it is not clear whether GH Fees are currently being collected on used oil as specified, or that fees otherwise would be collected in future years absent this bill.
According to DTSC, his bill would create a waste-specific exemption to the GH Fee. The department states that, “AB 407 does not affect the GH Fee statute; however, it would create a waste-specific exemption, which would impact total tonnage of hazardous waste subject to the GH Fee. Although AB 407 would eliminate DTSC’s ability to regulate HCUO, it would not eliminate its oversight of the facilities that would continue to receive HCUO. AB 407 would cause DTSC to be underfunded for the same service level. The reduction in tonnage equates to a loss of approximately $1- $2 million of DTSC’s current year budget for hazardous waste management activities covered by this fee.”
However, there is disagreement regarding whether GH Fees apply to the used oil specified in this bill under current law. According to the Senate Environmental Quality Committee analysis of this bill, “AB 2928 was specifically focused on adding HCUO to the list of used oil exempt from being managed as a hazardous waste. However, generators of HCUO have been unable to use the exemption created in AB 2928 due to a lack of clarity around whether such used oil would still meet the definition of being regulated as used oil under federal law. generators of HCUO have been unable to use the exemption created in AB 2928 due to a lack of clarity around whether such used oil would still meet the definition of being regulated as used oil under federal law. Federal law provides for exempting used oil from being deemed hazardous waste if it meets certain specifications, as defined, and is sent for energy recovery. DTSC has interpreted this to mean even if the used oil meets both the federal and state specifications but it is sent for recycling, it is still considered hazardous waste under federal law due to it not being burned for energy recovery. Notably, however, federal regulations provides a number of pathways, beyond burning it for energy recovery, for exempting used oil that meets the testing requirements under state law. More specifically, federal regulations speaks to “materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal” are not “used oil” under federal law and therefore not subject to hazardous waste regulations in federal law.”
Staff’s understanding is that if HCUO does not, in fact, meet the definition of being regulated as used oil under federal law, it is exempt from being managed as a hazardous waste under AB 2928. In this case, used oil as specified in this bill would already be excluded from GH Fees, meaning this bill would likely result in a negligible fiscal impact.
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SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Allen, Chair
2023 - 2024 Regular
Bill No: AB 407
Author: | Chen | ||
Version: | 6/14/2023 | Hearing Date: | 6/28/2023 |
Urgency: | No | Fiscal: | No |
Consultant: | Gabrielle Meindl | ||
SUBJECT: Hazardous waste: used oil
DIGEST: Clarifies how material that is exempted from hazardous waste regulation as a used oil under state law can be managed.
ANALYSIS:
Existing law:
- Authorizes through the Hazardous Waste Control Law (HWCL) the 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.)
- 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)
- 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)
- 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. (HSC § 25250.19)
- 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:
- Allows used oil that is exempt from regulation under state law and is not subject to regulation as a hazardous waste under federal law to be used in ways other than burning for energy recovery.
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 additional 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 impacts on 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; edible 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.
- 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 and never disposing of it on land, or in water or storm drains). 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 a hazardous waste manifest.
Under state law, businesses generating 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 that used oil is stored in, and 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 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."
Comments
- Purpose of Bill. According to the author, "This bill would delete the rule that the used oil not be accountable to regulation as used oil under federal law."
- Recent changes to used oil exemptions: AB 2928 (Chen, Chapter 440, Statutes of 2018) sought to expand the types of used oil that could be tested and thereby demonstrate it is not hazardous waste based on the various characteristics outlined in statute. That expansion was specifically focused on adding highly controlled used oil (HCUO) to the list of used oil exempt from being managed as a hazardous waste. Highly controlled generators are those that have their own fleet of vehicles, which they manage and maintain. However, generators of HCUO have been unable to use the exemption created in AB 2928 due to a lack of clarity around whether such used oil would still meet the definition of being regulated as used oil under federal law.
Federal law provides for exempting used oil from being deemed hazardous waste if it meets certain specifications, as defined, and is sent for energy recovery. DTSC has interpreted this to mean even if the used oil meets both the federal and state specifications but it is sent for recycling, it is still considered hazardous waste under federal law due to it not being burned for energy recovery. Notably, however, federal regulations provides a number of pathways, beyond burning it for energy recovery, for exempting used oil that meets the testing requirements under state law. More specifically, federal regulations speaks to “materials that are reclaimed from used oil that are used beneficially and are not burned for energy recovery or used in a manner constituting disposal” are not “used oil” under federal law and therefore not subject to hazardous waste regulations in federal law. - Provides clarity to used oil exemption. AB 407 will help provide further clarity under California statute that used oil that is compliant with federal and state specifications, beyond burning the used oil for energy recovery, is not hazardous waste. The bill fixes the issue generators of highly controlled used oil have encountered to allow for the use of the exemption created in AB 2928 and extends this flexibility to all exempt used oil.
The changes proposed by AB 407 are consistent with the CORE Act and AB 2928 and could allow for more recycling options for used oil such as re-refining the oil back into oil. It is important to note that the used oil would not be exempt from state regulation if it is regulated as a hazardous waste under federal law.
Related/Prior Legislation
AB 2928 (Chen, Chapter 440, Statutes of 2018) 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.
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.
SOURCE:
Author
SUPPORT:
California Council for Environmental & Economic Balance (CCEEB)
OPPOSITION:
None received
ARGUMENTS IN SUPPORT:
According to the California Council for Environmental & Economic Balance (CCEEB), “CCEEB was pleased to have worked with Assemblymember Chen on his AB 2928 in 2018 to provide regulatory and cost relief for generators of a narrow subset of highly controlled used oil, as defined, managed in such a way that it does not exhibit characteristics or have contaminants and solvents deeming it hazardous waste. Importantly, such used oil is entirely recyclable and AB 2928 was intended to provide 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.
“Unfortunately, a lack of clarity has arisen since AB 2928’s passage potentially impacting generators’ ability to claim the exemption in California…All in all, AB 407 seeks to provide clarity in California statute that this subset of used oil indeed has pathways to be deemed exempt and remove any ambiguity that the Department may have in its review and interpretation.”
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Date of Hearing: March 14, 2023
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Alex Lee, Chair
ABPCA Bill Id:AB 407 (
Author:Chen) – As Amended Ver:March 13, 2023
SUBJECT: Hazardous waste: used oil
SUMMARY: Allows used oil to be exempt from regulation under state law, if it meets specified criteria in existing law, is not subject to regulation as a hazardous waste under federal law, and meets the criteria for exemption as a highly controlled generator of used oil.
EXISTING LAW:
1) Authorizes through the Hazardous Waste Control Law (HWCL) the Department of Toxic Substances Control (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) 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)
5) 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)
6) 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. (HSC § 25250.19)
7) 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, "This bill would delete the rule that the used oil not be accountable to regulation as used oil under federal law."
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 additional 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 impacts on 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; edible 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.
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 and never disposing of it on land, or in water or storm drains). 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 a hazardous waste manifest.
Under state law, businesses generating 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 that used oil is stored in, and 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 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."
Recent changes to used oil exemptions: AB 2928 (Chen, Chapter 440, Statutes of 2018) allowed a specified universe of used oil, generated by a "highly controlled generator" to not have to manage their used oil as a hazardous waste. Highly controlled generators are those that have their own fleet of vehicles, which they manage and maintain. However, generators of highly controlled used oil have encountered a hiccup when applying for this exemption. Since their oil would meet the definition of being regulated as used oil under federal law, they have been unable to use the exemption created in AB 2928.
This bill: AB 407 fixes the issue generators of highly controlled used oil have encountered to allow for the use of the exemption created in AB 2928. Specifically, AB 407 deletes a condition that the used oil seeking exemption under current statute cannot be regulated as a used oil under federal law. However, the used oil would not be exempt from state regulation if it is regulated as a hazardous waste under federal law. This change, consistent with the CORE Act and AB 2928, could allow for more recycling options for used oil such as re-refining the oil back into oil.
Related legislation:
1) AB 2928 (Chen, Chapter 440, Statutes of 2018). 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.
2) 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.
2) AB 907 (Chesbro, 2009). Would have made a variety of changes to 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
None on file.
Opposition
None on file.
Analysis Prepared by: Josh Tooker / E.S. & T.M. /
Discussed in Hearing
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Bill Author
Bill Co-Author(s):