Amended IN Assembly April 17, 2018 Amended IN Assembly March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2474Introduced by Assembly Member QuirkFebruary 14, 2018 An act to amend Section 25141 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2474, as amended, Quirk. Hazardous waste: identification: testing.Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided. evaluate whether either or both of specified tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste, consistent with the requirements of the hazardous waste control laws. The bill would require the department, if it finds that one or both of the specified tests can be adapted, to authorize the use of each test found appropriate, as adapted, as an alternative to the fish mortality testing method described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 25141 of the Health and Safety Code is amended to read:25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) (1) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013. evaluate whether either or both of the following tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:(A) The Organisation for Economic Co-operation and Developments Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.(B) The United States Environmental Protection Agency Region 9s Whole Effluent Toxicity Methods: Toxicity Daphnia Test.(2) If the department finds that one or both of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.25 of Title 22 of the California Code of Regulations.
Amended IN Assembly April 17, 2018 Amended IN Assembly March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2474Introduced by Assembly Member QuirkFebruary 14, 2018 An act to amend Section 25141 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2474, as amended, Quirk. Hazardous waste: identification: testing.Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided. evaluate whether either or both of specified tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste, consistent with the requirements of the hazardous waste control laws. The bill would require the department, if it finds that one or both of the specified tests can be adapted, to authorize the use of each test found appropriate, as adapted, as an alternative to the fish mortality testing method described above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 17, 2018 Amended IN Assembly March 19, 2018
Amended IN Assembly April 17, 2018
Amended IN Assembly March 19, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2474
Introduced by Assembly Member QuirkFebruary 14, 2018
Introduced by Assembly Member Quirk
February 14, 2018
An act to amend Section 25141 of the Health and Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2474, as amended, Quirk. Hazardous waste: identification: testing.
Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided. evaluate whether either or both of specified tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste, consistent with the requirements of the hazardous waste control laws. The bill would require the department, if it finds that one or both of the specified tests can be adapted, to authorize the use of each test found appropriate, as adapted, as an alternative to the fish mortality testing method described above.
Existing law requires the Department of Toxic Substances Control to regulate the handling and management of hazardous waste. Existing law requires the department to develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes. Existing regulations adopted pursuant to that provision provide that a waste exhibits the characteristic of toxicity if representative samples of the waste have any of specified properties, including, among others, that a concentration of the waste of less than 500 milligrams per liter in soft water results in a 50% mortality rate of specified fish species after 96 hours of exposure, pursuant to specified procedures.
This bill would require the department, on or before January 1, 2021, to update that regulation to adopt as the acute aquatic toxicity test the fish embryo acute toxicity test adopted by the Organisation for Economic Co-operation and Development, as provided. evaluate whether either or both of specified tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste, consistent with the requirements of the hazardous waste control laws. The bill would require the department, if it finds that one or both of the specified tests can be adapted, to authorize the use of each test found appropriate, as adapted, as an alternative to the fish mortality testing method described above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 25141 of the Health and Safety Code is amended to read:25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) (1) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013. evaluate whether either or both of the following tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:(A) The Organisation for Economic Co-operation and Developments Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.(B) The United States Environmental Protection Agency Region 9s Whole Effluent Toxicity Methods: Toxicity Daphnia Test.(2) If the department finds that one or both of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.25 of Title 22 of the California Code of Regulations.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 25141 of the Health and Safety Code is amended to read:25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) (1) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013. evaluate whether either or both of the following tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:(A) The Organisation for Economic Co-operation and Developments Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.(B) The United States Environmental Protection Agency Region 9s Whole Effluent Toxicity Methods: Toxicity Daphnia Test.(2) If the department finds that one or both of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.25 of Title 22 of the California Code of Regulations.
SECTION 1. Section 25141 of the Health and Safety Code is amended to read:
### SECTION 1.
25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) (1) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013. evaluate whether either or both of the following tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:(A) The Organisation for Economic Co-operation and Developments Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.(B) The United States Environmental Protection Agency Region 9s Whole Effluent Toxicity Methods: Toxicity Daphnia Test.(2) If the department finds that one or both of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.25 of Title 22 of the California Code of Regulations.
25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) (1) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013. evaluate whether either or both of the following tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:(A) The Organisation for Economic Co-operation and Developments Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.(B) The United States Environmental Protection Agency Region 9s Whole Effluent Toxicity Methods: Toxicity Daphnia Test.(2) If the department finds that one or both of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.25 of Title 22 of the California Code of Regulations.
25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.(d) (1) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013. evaluate whether either or both of the following tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:(A) The Organisation for Economic Co-operation and Developments Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.(B) The United States Environmental Protection Agency Region 9s Whole Effluent Toxicity Methods: Toxicity Daphnia Test.(2) If the department finds that one or both of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.25 of Title 22 of the California Code of Regulations.
25141. (a) The department shall develop and adopt by regulation criteria and guidelines for the identification of hazardous wastes and extremely hazardous wastes.
(b) The criteria and guidelines adopted by the department pursuant to subdivision (a) shall identify waste or combinations of waste, that may do either of the following, as hazardous waste because of its quantity, concentration, or physical, chemical, or infectious characteristics:
(1) Cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
(2) Pose a substantial present or potential hazard to human health or the environment, due to factors including, but not limited to, carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment, when improperly treated, stored, transported, or disposed of, or otherwise managed.
(c) Except as provided in Section 25141.5, any regulations adopted pursuant to this section for the identification of hazardous waste as it read on January 1, 1995, which are in effect on January 1, 1995, shall be deemed to comply with the intent of this section as amended by this act during the 1995 portion of the 199596 Regular Session of the Legislature.
(d) (1) On or before January 1, 2021, the department shall update the regulations developed and adopted pursuant to subdivision (a) to replace the acute aquatic toxicity test in paragraph (6) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations with the fish embryo acute toxicity test pursuant to the Organisation for Economic Co-operation and Developments Test Guideline 236, adopted July 26, 2013. evaluate whether either or both of the following tests can be adapted to be appropriate for use in identifying substances as hazardous waste or extremely hazardous waste pursuant to subdivision (a), consistent with the requirements of this chapter:
(A) The Organisation for Economic Co-operation and Developments Guidelines for the Testing of Chemicals, Test 236, adopted July 26, 2013.
(B) The United States Environmental Protection Agency Region 9s Whole Effluent Toxicity Methods: Toxicity Daphnia Test.
(2) If the department finds that one or both of the tests specified in paragraph (1) can be adapted, as described in paragraph (1), the department shall authorize the use of each test found appropriate, as adapted, as an alternative to the testing method in paragraph (6) of subdivision (a) of Section 66261.25 of Title 22 of the California Code of Regulations.