Dawn Koepke

Providing regulatory & cost relief for highly controlled used oil

By Dawn Koepke

Capitol Update, March 23, 2018 Share this on FacebookTweet thisEmail this to a friend

Introduced as a measure to reduce the regulatory and cost burden associated with the management of used oil as hazardous waste, Assemblyman Phillip Chen (R-Diamond Bar) has introduced AB 2928. The bill seeks to provide relief for a narrow subset of highly controlled used oil, as defined, managed so as not to exhibit characteristics associated with hazardous waste nor contamination with halogenated solvents. Notably, this subset of used oil is highly recyclable, but when commingled with contaminated oil can result in disposal. Unfortunately, whether contaminated or not and exhibiting hazardous waste characteristics or not the bulk of used oil in California is currently treated as hazardous waste, unlike elsewhere in the country. 

Under AB 2928, a generator would be able to certify its highly controlled used oil is not hazardous or contaminated with halogenated solvents, subject to auditing and verification by DTSC, CalRecycle or a CUPA. Absent objection by DTSC, CalRecycle or a CUPA, it would be excluded from being deemed hazardous waste by DTSC and instead be handled as recycled oil under CalRecycle’s used oil program. This would help reduce some of the regulatory burdens associated with currently being required to manage all used oil as hazardous waste; potentially reduce a generator’s hazardous waste status (small vs. large quantity generator); result in cost savings associated with more manageable and reasonable requirements; and ensure more highly controlled used oil is recycled versus being commingled with contaminated oils, solvents, and etc. and shipped out of state for disposal. As an added benefit, in providing this alternative pathway, the highly controlled used oil could have a more direct pathway to recycling and help reduce the state’s hazardous waste generation numbers – an interest of DTSC relative to their 50 percent hazardous waste reduction goal.

CMTA is pleased to support this positive, proactive bill that will provide regulatory and cost relief for members who manage their highly controlled used oil in-house all while ensuring ongoing protection of public health and the environment.

AB 2928 has been doubled referred to the Assembly Environmental Safety & Toxic Materials (ESTM) and Natural Resources Committees and is set for its first hearing in ESTM for April 10th

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