2005 California Health and Safety Code Sections 25159-25159.9 Article 5.5. Coordination with Federal Acts

25159.  The department shall adopt and revise when necessary
regulations that will allow the state to receive and maintain
authorization to administer a state hazardous waste program in lieu
of the federal program pursuant to Section 6926 of the federal act.
When reviewing a regulation adopted pursuant to this section, the
Office of Administrative Law shall not review the regulation for
nonduplication, notwithstanding paragraph (6) of subdivision (a) of
Section 11349.1 of the Government Code.
25159.1.  (a) The Office of Administrative Law shall deem any
regulation proposed for adoption by the department to maintain
authorization pursuant to Section 25159 to be a nonsubstantive change
without regulatory effect for the purposes of Section 100 of Title 1
of the California Code of Regulations, provided that the regulation,
as applied in this state, is not more stringent and is not broader
in scope than the corresponding federal regulations.
25159.5.  (a) In adopting or revising standards and regulations
pursuant to this chapter, the department shall, insofar as
practicable, make the standards and regulations conform with
corresponding regulations adopted by the Environmental Protection
Agency pursuant to the federal act.  This section does not prohibit
the department from adopting standards and regulations that are more
stringent or more extensive than federal regulations.
   (b) Until the state program is granted final authorization by the
Environmental Protection Agency pursuant to Section 6926 of Title 42
of the United States Code, all regulations adopted pursuant to the
federal act shall be deemed to be the regulations of the department,
except that any state statute or regulation which is more stringent
or more extensive than a federal regulation shall supersede the
federal regulation.
25159.6.  Until the department adopts standards and regulations
corresponding to, and equivalent to, or more stringent or extensive
than, regulations adopted by the Environmental Protection Agency
pursuant to Sections 6922 to 6926, inclusive, of Title 42 of the
United States Code, the following shall apply:
   (a) Any person who produces a waste that is a hazardous waste as
defined by Section 25117 shall comply with this chapter and
regulations adopted pursuant to this chapter and, in addition, to the
extent that the waste is both hazardous, as defined by regulations
adopted pursuant to Section 6921 of Title 42 of the United States
Code, and has not been excluded from regulation pursuant to that
section, the person shall also comply with federal regulations
adopted pursuant to Section 6922 of Title 42 of the United States
Code.
   (b) Any person who transports a waste that is a hazardous waste
shall comply with this chapter and regulations adopted pursuant to
this chapter and, in addition, to the extent that the waste is both
hazardous, as defined by regulations adopted pursuant to Section 6921
of Title 42 of the United States Code, and has not been excluded
from regulation pursuant to that section, the person shall also
comply with federal regulations adopted pursuant to Section 6923 of
Title 42 of the United States Code.
   (c) Any person who owns or operates a hazardous waste facility
shall comply with this chapter and regulations adopted pursuant to
this chapter and, in addition, to the extent that the facility is
defined as a hazardous waste facility in regulations adopted under
the federal act, and to the extent that the waste is both hazardous,
as defined by regulations adopted pursuant to Section 6921 of Title
42 of the United States Code, and has not been excluded from
regulation pursuant to that section, that person shall also comply
with federal regulations adopted pursuant to Sections 6924 and 6925
of Title 42 of the United States Code.
25159.7.  The department is authorized to carry out all hazardous
waste management responsibilities imposed or authorized by the
federal act, and the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.  Sec. 9601 et
seq.), including any subsequent amendments of these federal acts, and
any regulations adopted pursuant to these federal acts.
25159.8.  Nothing in this chapter shall be construed as prohibiting
the furnishing of trade secret information to the Environmental
Protection Agency to the extent required by law to obtain and
maintain interim and final authorization to implement the state
hazardous waste program in lieu of the federal program under the
federal act.  If the department has received a written claim that
particular information furnished to the Environmental Protection
Agency is trade secret information, the department shall so inform
the Environmental Protection Agency.
25159.9.  Notwithstanding any other provision of law, the department
may make available to the Environmental Protection Agency, or any
other federal agency, any and all information necessary to be
furnished to these agencies in order to comply with the federal act
in order to obtain and maintain authorization to administer the state
hazardous waste program in lieu of the federal program.  The sharing
of information between the department and a federal agency pursuant
to this section shall not constitute a waiver by the department or
any affected person of any privilege or confidentiality of the
information provided by law.