25150.82
. (a) The Legislature finds and declares that this section
is intended to address the unique circumstances associated with the
operation of metal shredding facilities, and the generation and
management of wastes generated by metal shredding facilities. The
Legislature further declares that this section does not set a
precedent applicable to the management, including disposal, of other
hazardous wastes.
(b) For purposes of this section, "metal shredding facility" means
an operation that uses a shredding technique to process end-of-life
vehicles, appliances, and other forms of scrap metal to facilitate
the separation and sorting of ferrous metals, nonferrous metals, and
other recyclable materials from nonrecyclable materials that are
components of the end-of-life vehicles, appliances, and other forms
of scrap metal. "Metal shredding facility" does not include a feeder
yard, a metal crusher, or a metal baler, if that facility does not
otherwise conduct metal shredding operations.
(c) The department, in consultation with the Department of
Resources Recycling and Recovery, the State Water Resources Control
Board, and affected local air quality management districts, may adopt
regulations establishing management standards for metal shredding
facilities for hazardous waste management activities within the
department's jurisdiction as an alternative to the requirements
specified in this chapter and the regulations adopted pursuant to
this chapter, if the department does all of the following:
(1) Prepares an analysis of the activities to which the
alternative management standards will apply pursuant to subdivision
(d). The department shall first prepare the analysis as a preliminary
analysis and make it available to the public at the same time that
the department gives notice, pursuant to Section 11346.4 of the
Government Code, that it proposes to adopt the alternative management
standards. The department shall include in the notice a statement
that the department has prepared a preliminary analysis and a
statement concerning where a copy of the preliminary analysis can be
obtained. The information in the preliminary analysis shall be
updated and the department shall make the analysis available to the
public as a final analysis not less than 10 working days before the
date that the regulation is adopted.
(2) Demonstrates at least one of the conclusions set forth in
paragraphs (1) to (4), inclusive, of subdivision (e).
(3) Imposes, as may be necessary, conditions and limitations as
part of the alternative management standards that ensure that the
hazardous waste management activity to which the alternative
management standards will apply will not pose a significant potential
hazard to human health or safety or to the environment.
(d) Before the department gives notice of a proposal to adopt the
alternative management standards pursuant to subdivision (c), and
before the department adopts the regulation, the department shall do
all of the following:
(1) Evaluate the operative environmental and public health
regulatory oversight of metal shredding facilities, identifying
activities that need to be addressed by the alternative management
standards, or other advisable regulatory or statutory changes.
(2) Evaluate the hazardous waste management activities.
(3) Prepare, as required by paragraph (1) of subdivision (c), an
analysis that addresses all of the following aspects of the activity,
to the extent that the alternative management standards can affect
these aspects of the activity:
(A) The types of hazardous waste and the estimated amounts of each
hazardous waste that are managed as part of the activity and the
hazards to human health or safety or to the environment posed by
reasonably foreseeable mismanagement of those hazardous wastes and
their hazardous constituents. The estimate of the amounts of each
hazardous waste that are managed as part of the activity shall be
based upon information reasonably available to the department.
(B) The complexity of the activity, and the amount and complexity
of operator training, equipment installation and maintenance, and
monitoring that are required to ensure that the activity is conducted
in a manner that safely and effectively manages each hazardous
waste.
(C) The chemical or physical hazards that are associated with the
activity and the degree to which those hazards are similar to, or
different from, the chemical or physical hazards that are associated
with the production processes that are carried out in the facilities
that produce the hazardous waste that is managed as part of the
activity.
(D) The types of accidents that might reasonably be foreseen to
occur during the management of particular types of hazardous waste
streams as part of the activity, the likely consequences of those
accidents, and the reasonably available actual accident history
associated with the activity.
(E) The types of locations where hazardous waste management
activities associated with metal shredding and management of treated
metal shredder waste may be carried out and the types of hazards or
risks that may be posed by proximity to the land uses described in
Section 25227. The estimate of the number of locations where the
activity may be carried out shall be based upon information
reasonably available to the department.
(e) The department shall not give notice proposing the adoption
of, and the department shall not adopt, a regulation pursuant to
subdivision (c) unless it first demonstrates at least one of the
following, using the information developed in the analysis prepared
pursuant to subdivision (d) and any other information available to
the department:
(1) The requirements that the alternative management standards
replace are not significant or important in either of the following
situations:
(A) Preventing or mitigating potential hazards to human health or
safety or to the environment posed by the activity.
(B) Ensuring that the activity is conducted in compliance with
other applicable requirements of this chapter and the regulations
adopted pursuant to this chapter.
(2) A requirement is imposed and enforced by another public agency
that provides protection of human health and safety and the
environment that is as effective as, and equivalent to, the
protection provided by the requirement, or requirements, that the
alternative management standards replace.
(3) Conditions or limitations imposed as part of the alternative
management standards will provide protection of human health and
safety and the environment equivalent to the requirement, or
requirements, that the alternative management standards replace.
(4) Conditions or limitations imposed as part of the alternative
management standards accomplish the same regulatory purpose as the
requirement, or requirements, that the alternative management
standards replace, but at less cost or with greater administrative
convenience, and without increasing potential risks to human health
or safety or to the environment.
(f) The department shall not adopt alternative management
standards pursuant to this section if those standards are less
stringent than the standards that would otherwise apply under the
federal act.
(g) Nothing in the alternative management standards authorized by
this section is intended to duplicate or conflict with other laws,
rules, or regulations adopted by other state agencies or affected
local air quality management districts. The department shall, as much
as possible, align the alternative management standards with the
laws, rules, and regulations of other state agencies or affected
local air quality management districts.
(h) The owner or operator of a metal shredding facility, or solid
waste disposal facility that has accepted treated metal shredder
waste, that may be subject to the alternative management standards
shall provide to the department all information and data determined
by the department to be relevant to the evaluation and preparation of
the analysis required by subparagraphs (A) to (E), inclusive, of
paragraph (3) of subdivision (d).
(i) The alternative management standards adopted by the department
pursuant to this section may, to the extent it is consistent with
the standards that would otherwise apply under the federal act, allow
for treated metal shredder waste to be classified and managed as
nonhazardous waste, provided that the analysis prepared pursuant to
subdivision (d) demonstrates that classification and management as
hazardous waste is not necessary to prevent or mitigate potential
hazards to human health or safety or to the environment posed by the
treated metal shredder waste.
(j) (1) The disposal of treated metal shredder waste shall be
regulated pursuant to this chapter and the regulations adopted
pursuant to this chapter, unless alternative management standards are
adopted by the department pursuant to this section.
(2) If the alternative management standards adopted by the
department pursuant to this section result in treated metal shredder
waste being classified as nonhazardous waste, the material may be
managed in either of the following manners:
(A) It may be used at a unit described in subparagraph (B) as
alternative daily cover or for beneficial reuse pursuant to Section
41781.3 of the Public Resources Code and the regulations adopted to
implement that section.
(B) It may be placed in a unit that meets the waste discharge
requirements issued pursuant to Division 7 (commencing with Section
13000) of the Water Code that allow for discharges of designated
waste, as defined in Section 13173 of the Water Code, or of treated
metal shredder waste.
(3) This section does not limit the disposal or use of treated
metal shredder waste as alternative daily cover pursuant to Section
41781.3 of the Public Resources Code and the regulations adopted to
implement that section, or for other authorized beneficial uses if
that disposal or use is at a facility meeting the requirements of
subparagraph (B) of paragraph (2), is made under the authority of the
hazardous waste determinations governing metal shredder waste issued
by the department before January 1, 2014, and is made before the
department does either of the following:
(A) Rescinds, in accordance with applicable law, the conditional
nonhazardous waste classifications issued pursuant to subdivision (f)
of Section 66260.200 of Title 22 of the California Code of
Regulations with regard to treated metal shredder waste.
(B) Completes the adoption of alternative management standards
pursuant to this section.
(k) The department shall complete the analysis described in
paragraph (1) of subdivision (c) and subsequent regulatory action
before January 1, 2018. All hazardous waste classifications and
policies, procedures, or guidance issued by the department before
January 1, 2014, governing or related to the generation, treatment,
and management of metal shredder waste or treated metal shredder
waste shall be inoperative and have no further effect on January 1,
2018, if the department completes its analysis pursuant to
subdivision (c) and takes one of the following actions:
(1) Rescinds the conditional nonhazardous waste classifications
issued pursuant to subdivision (f) of Section 66260.200 of Title 22
of the California Code of Regulations with regard to that waste.
(2) Adopts alternative management standards pursuant to this
section.
(l) The authority of the department to adopt original regulations
pursuant to this section shall remain in effect only until January 1,
2018, unless a later enacted statute, which is enacted before
January 1, 2018, deletes or extends that date. This subdivision does
not invalidate any regulation adopted pursuant to this section before
the expiration of the department's authority.
(m) A regulation adopted pursuant to this section on or before
January 1, 2018, shall continue in force and effect after that date,
until repealed or revised by the department.