Cargo Tank & Hazardous Waste Transporter AB 2201 (House)

SUMMARY:

AB 2201 would conform California's Cargo Tank and Hazardous Waste Transporters Programs with provisions of federal law.

BACKGROUND:

Under existing law, all vehicles and containers used to transport hazardous waste into or within California are required to be registered by DTSC and inspected annually by the California Highway Patrol (CHP). Transporters of hazardous waste into California (interstate) must arrange for an inspection with the CHP at least three days prior to entering the state and in-California (intrastate) transporters must set a date to be inspected with the CHP at least once during a 12-month period.

PROBLEM:

Under the federal Motor Carrier Safety Act and the Hazardous Materials Transportation Uniform Safety Act administered by the Department of Transportation (DOT), states are prohibited from imposing requirements on interstate transporters which are more stringent than the requirements imposed under federal transportation law. If California does not conform their Hazardous Waste Transporter program with federal requirements, the CHP and DTSC would be in jeopardy of possible preemption and loss of funding from the DOT.

In September, 1995, the CHP issued a "Withhold of Enforcement" order which stated that effective January 1, 1996, the CHP was discontinuing all mandatory annual inspections of hazardous waste transporters. Not only were scheduled annual inspections jeopardizing California's receipt of federal transporters, but they were not proving to be as effective as random inspections in identifying non-complying transporters. In order to DTSC to conform the Hazardous Waste Transporter Program, changes must be made to DTSC's statutes in the Health and Safety Code.

ANALYSIS:

AB 2201 would: (1) conform California's Cargo Tank Program and the Hazardous Waste Transportation program with federal requirements; (2) reduce the regulatory burden and costs for cargo tank and hazardous waste transporters by eliminating the inspection fees; (3) eliminate mandatory annual inspections and replace with random inspections; and (4) eliminate the pre-inspection requirements for interstate hazardous waste transporters.

CONTACT:

Patricia Grim, Legislative Director, Department of Toxic Substances Control (916) 324-0912.