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�IV <br /> Mr. Mike Horner, DTSC <br /> Cease to Operate under PBR <br /> December 14, 1994 <br /> Page 2 <br /> However, on September 28, 1994, Governor Wilson signed into law AB 3218 (Recovery <br /> and Storage of Oil). AB 3218 amends Section 25144(c) of the California Health and <br /> Safety Code and creates an exemption from the hazardous waste requirements for oil <br /> recovery operations where recovered oil from oil-bearing materials is combined with <br /> normal process streams at a petroleum refinery owned or operated by the same corporate <br /> entity. "Oil bearing materials" are defined by the statute to include any liquid or <br /> semisolid material containing oil,partially refined petroleum products, or petroleum <br /> products. As such, the treatment of oily wastewaters containing petroleum products such <br /> as gasoline and diesel in on-site oil/water separators is now exempt from being <br /> considered a hazardous waste and from the PBR requirements. <br /> In the preamble to AB 3218, the California legislature states the following rationale for <br /> the exclusion: <br /> "The recovery of oil from oil-bearing materials at petroleum refineries and related offsite <br /> locations and the subsequent beneficial use of the oil to produce fuel or other refined products <br /> should be encouraged,since it maximizes the amount of useful products produced per barrel <br /> refined. The exemption provided by subdivision(c)of Section 25144 of the Health and Safety <br /> Code from hazardous waste requirements will encourage the recovery of materials for return to <br /> the manufacturing process,thereby facilitating waste minimization." <br /> Indeed, the exemption in the law now makes it clear that these three ARCO terminals <br /> may continue to recover oil in onsite separators and cease operating as PBR facilities, <br /> since the recovered oil then is returned to an ARCO refinery for processing into fuel. <br /> Please make arrangements to pull these permits and close-out the associated PBR files. It <br /> is ARCO's understanding that the Closure Plans contained in the facilities' PBR <br /> Operating Logs do not need to be implemented because the wastewater treatment systems <br /> will continue to operate under the new Health& Safety Code Section 25144(c) exclusion <br /> and because neither the influent nor the treatment process itself has changed. <br /> If you have any questions regarding this issue or a need for additional information, please <br /> contact Ruthanne Walker at (213) 486-0213. <br /> Sincerely, <br /> Bradford S. Spencer <br />