Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A waste, as defined in section
66261.2, is a hazardous waste if:
(1) it is not excluded from classification as
a waste or a hazardous waste under Health and Safety Code section
25143.2(b)
or
25143.2(d)
or section
66261.4; and
(2) it meets any of the following criteria:
(A) it exhibits any of the characteristics of
hazardous waste identified in article 3 of this chapter except that any mixture
of a waste from the extraction, beneficiation, and processing of ores and
minerals excluded under federal
40 CFR section
261.4(b)(7) and any other
waste exhibiting a characteristic of hazardous waste under Article 3 of this
chapter is a hazardous waste only if it exhibits a characteristic that would
not have been exhibited by the excluded waste alone if such mixture had not
occurred or if it continues to exhibit any of the characteristics exhibited by
the non-excluded wastes prior to mixture. Further, for the purposes of applying
the Toxicity Characteristic to such mixtures, the mixture is also a hazardous
waste if it exceeds the maximum concentrations for any contaminant listed in
table I to section
66261.24 that would not have been
exceeded by the excluded waste alone if the mixture had not occurred or if it
continues to exceed the maximum concentration for any contaminant exceeded by
the nonexempt waste prior to mixture;
(B) it is listed in article 4 of this chapter
and has not been excluded by the USEPA Administrator from 40 CFR Part 261
Subpart D pursuant to 40 CFR
sections 260.20 and
260.22;
(C) it is listed in or contains a constituent
listed in Appendix X to this chapter. However, the waste is not a hazardous
waste if:
1. it is determined that the waste
does not meet the criteria of subsection (a)(2)(B) of this section;
and
2. it is determined that the
waste does not meet the criteria of subsection (a)(2)(A) of this section by:
i. testing the waste according to the methods
set forth in article 3 of this chapter, or according to an equivalent method
approved by the Department pursuant to section
66260.21; or
ii. applying knowledge of the hazardous
properties of the waste in light of the materials or the processes used and the
characteristics set forth in article 3 of this
chapter;
(D) it
is listed in article 4.1 of this chapter;
(E) it is a mixture of a hazardous waste that
is listed in article 4 of this chapter other than a hazardous waste listed with
hazard code (T) or (H), and another waste, unless the resultant mixture no
longer exhibits any characteristic of hazardous waste identified in article 3
of this chapter. However, nonwastewater mixtures are still subject to the
requirements of chapter 18 of this division, even if they no longer exhibit a
characteristic at the point of land disposal;
(F) it is a mixture of a waste and one or
more hazardous wastes listed in article 4 of this chapter which has not been
excluded by the USEPA Administrator from 40 CFR Part 261 Subpart D pursuant to
40 CFR sections
260.20 and
260.22. However, the following
mixtures of wastes and hazardous wastes listed in article 4 of this chapter are
not hazardous wastes (except by application of subsection (a)(2)(A) or
(a)(2)(B) of this section) if the generator can demonstrate that the mixture
consists of wastewater, the discharge of which is subject to regulation under
either section 402 or section 307(b) of the Clean Water Act (including
wastewater at facilities which have eliminated the discharge of wastewater),
and:
1. one or more of the following spent
solvents listed in section
66261.31 -- carbon tetrachloride,
tetrachloroethylene, trichoroethylene -- provided, that the maximum total
weekly usage of these solvents (other than the amounts that can be demonstrated
not to be discharged to wastewater) divided by the average weekly flow of
wastewater into the headworks of the facility's wastewater treatment or
pretreatment system does not exceed 1 part per million; or
2. one or more of the following spent
solvents listed in section
66261.31 -- methylene chloride,
1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic
acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol,
pyridine, spent chlorofluorocarbon solvents -- provided that the maximum total
weekly usage of these solvents (other than the amounts that can be demonstrated
not to be discharged to wastewater) divided by the average weekly flow of
wastewater into the headworks of the facility's wastewater treatment or
pretreatment system does not exceed 25 parts per million; or
3. heat exchanger bundle cleaning sludge from
the petroleum refining industry (EPA Hazardous Waste No. K050); or
4. a discarded commercial chemical product,
or chemical intermediate listed in section
66261.33 arising from "de minimis"
losses of these materials from manufacturing operations in which these
materials are used as raw materials or are produced in the manufacturing
process. For purposes of this subsection, "de minimis" losses include those
from normal material handling operations (e.g., spills from the unloading or
transfer of materials from bins or other containers, leaks from pipes, valves
or other devices used to transfer materials); minor leaks of process equipment,
storage tanks or containers; leaks from well-maintained pump packings and
seals; sample purgings; relief device discharges; discharges from safety
showers and rinsing and cleaning of personal safety equipment; and rinsate from
empty containers or from containers that are rendered empty by that rinsing;
or
5. wastewater resulting from
laboratory operations containing toxic (T) wastes listed in article 4 of this
chapter, provided that the annualized average flow of laboratory wastewater
does not exceed one percent of total wastewater flow into the headworks of the
facility's wastewater treatment or pretreatment system, or provided the wastes,
combined annualized average concentration does not exceed one part per million
in the headworks of facility's wastewater treatment or pretreatment facility.
Toxic (T) wastes used in laboratories that are demonstrated not to be
discharged to wastewater are not to be included in this calculation;
or
6. One or more of the following
wastes listed in 40 CFR
§
261.32 -wastewaters from the
production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
K157)-Provided that the maximum weekly usage of formaldehyde, methyl chloride,
methylene chloride, and triethylamine (including all amounts that can not be
demonstrated to be reacted in the process, destroyed through treatment, or is
recovered, i.e., what is discharged or volatilized) divided by the average
weekly flow of process wastewater prior to any dilutions into the headworks of
the facility's wastewater treatment system does not exceed a total of 5 parts
per million by weight; or
7.
Wastewaters derived from the treatment of one or more of the following wastes
listed in 40 CFR §
261.32 -organic waste (including heavy ends,
still bottoms, light ends, spent solvents, filtrates, and decantates) from the
production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
K156).-Provided, that the maximum concentration of formaldehyde, methyl
chloride, methylene chloride, and triethylamine prior to any dilutions into the
headworks of the facility's wastewater treatment system does not exceed a total
of 5 milligrams per liter.
(G) it is not classified as a hazardous waste
by application of the criteria in subsections (a)(2)(A) through (a)(2)(F) of
this section, but has been classified as a hazardous waste by the Department
because it otherwise conforms to the definition of hazardous waste set forth in
Health and Safety Code section
25117.
(b) A waste which is not excluded from
classification as a waste or hazardous waste under the provisions of section
66261.4(b) or
Health and Safety Code section
25143.2(b)
or
25143.2(d)
becomes a hazardous waste when any of the following events occur:
(1) In the case of a waste listed in article
4 of this chapter, when the waste first meets the listing description set forth
in article 4 of this chapter;
(2)
In the case of a waste listed in article 4.1 of this chapter, when the waste
first meets the listing description set forth in article 4.1 of this
chapter;
(3) In the case of a
mixture of waste and one or more hazardous wastes listed in article 4 of this
chapter, when the hazardous waste listed in article 4 of this chapter is first
added to the waste.
(4) In the case
of any other waste (including a waste mixture), when the waste exhibits any of
the characteristics identified in article 3 of this
chapter.
(c)
(1) A hazardous waste will remain a hazardous
waste unless and until it meets the criteria of subsection (d) of this section.
Except as otherwise provided in subsections (c)(2), (c)(3), (c)(4), and (c)(5)
of this section, any waste generated from the treatment, storage, or disposal
of a hazardous waste, including any sludge, spill residue, ash, emission
control dust or leachate including precipitation run-off is a hazardous waste.
(However, materials that are reclaimed from wastes and that are used
beneficially are not wastes and hence are not hazardous wastes under this
provision unless the reclaimed material is burned for energy recovery or used
in a manner constituting disposal.)
(2) Waste pickle liquor sludge generated by
lime stabilization of spent pickle liquor from the iron and steel industry (SIC
Codes 331 and 332) is not hazardous even though it is generated from the
treatment, storage, or disposal of a hazardous waste, unless it exhibits one or
more of the characteristics of hazardous waste.
(3)
(A)
Nonwastewater residues, such as slag, resulting from high temperature metals
recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as
rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag
reactors, rotary hearth furnace/electric furnace combinations or industrial
furnaces (as defined in section
66260.10, for "Industrial
furnace", (f), (g) and (
l)), that are disposed in RCRA
Subtitle D units, provided that these residues meet the generic exclusion
levels identified below for all constituents, and exhibit no characteristics of
hazardous waste, as identified in article 3 of Chapter 11 of division 4.5,
Title 22, CCR. Testing requirements shall be incorporated in a facility's waste
analysis plan; at a minimum, composite samples of residues shall be collected
and analyzed quarterly and/or when the process or operation generating the
waste changes. Persons claiming this exclusion in an enforcement action will
have the burden of proving by clear and convincing evidence that the material
meets all of the exclusion requirements.
| Constituent | Maximum
for any single composite sample - TCLP mg/L |
| Generic exclusion levels for K061 and K062
nonwastewater HTMR residues |
|
| Antimony | 0.10 |
| Arsenic | 0.50 |
| Barium | 7.6 |
| Beryllium | 0.010 |
| Cadmium | 0.050 |
| Chromium (total) | 0.33 |
| Lead | 0.15 |
| Mercury | 0.009 |
| Nickel | 1.0 |
| Selenium | 0.16 |
| Silver | 0.30 |
| Thallium | 0.020 |
| Zinc | 70 |
| Constituent | Maximum
for any single composite sample - TCLP mg/L |
| Generic exclusion levels for F006 nonwastewater HTMR
residues |
|
| Antimony | 0.10 |
| Arsenic | 0.50 |
| Barium | 7.6 |
| Beryllium | 0.010 |
| Cadmium | 0.050 |
| Chromium (total) | 0.33 |
| Cyanide (total)(mg/kg) | 1.8 |
| Lead | 0.15 |
| Mercury | 0.009 |
| Nickel | 1.0 |
| Selenium | 0.16 |
| Silver | 0.30 |
| Thallium | 0.020 |
| Zinc | 70 |
(B)
A one-time notification and certification shall be placed in the facility's
files and sent to the Department for K061, K062 or F006 HTMR residues that meet
the generic exclusion levels for all constituents and do not exhibit any
characteristics in article 3 of chapter 11 that are sent to a RCRA subtitle D
unit. The notification and certification that is placed in the generators or
treaters files shall be updated if the process or operation generating the
waste changes and/or if the 40 CFR subtitle D unit receiving the waste changes.
However, the generator or treater need only notify the Department on an annual
basis if such changes occur. Such notification and certification should be sent
to the Department by the end of the calendar year, but no later than December
31.
The notification shall include the following
information:
(1) The name and address
of the RCRA Subtitle D unit receiving the waste shipment;
(2) the EPA hazardous waste number(s) and
treatability group(s) at the initial point of generation; and
(3) the treatment standards applicable to
the waste at the initial point of generation. The certification shall be signed
by an authorized representative and shall state as follows: "I certify under
penalty of law that the generic exclusion levels for all constituents have been
met without impermissible dilution and that no characteristic of hazardous
waste, as identified in article 3 of chapter 11 of division 4.5, Title 22, CCR,
is exhibited. I am aware that there are significant penalties for submitting a
false certification, including the possibility of fine and
imprisonment."
(4) Biological
treatment sludge from the treatment of one of the following wastes listed in
40 CFR §
261.32 - organic waste (including heavy ends,
still bottoms, light ends, spent solvents, filtrates, and decantates) from the
production of carbamates and carbamoyl oximes (EPA Hazardous Waste No. K156),
and wastewaters from the production of carbamates and carbamoyl oximes (EPA
Hazardous Waste No. K157) - is not a hazardous waste even though it is
generated from the treatment, storage, or disposal of a hazardous waste, unless
it exhibits one or more of the characteristics of hazardous waste.
(5) Waste consisting of only material derived
from the treatment or recycling of one or more hazardous wastes listed in
article 4.1 of this chapter is not a hazardous waste, provided the material
does not exhibit any of the characteristics identified in article 3 of this
chapter, and does not meet any listing description in article 4.1 of this
chapter.
(d) Any waste described in subsection (c) of
this section is not a hazardous waste if it meets all of the following
criteria:
(1) the waste does not exhibit any
of the characteristics of hazardous waste identified in article 3 of this
chapter; (however, wastes that exhibit a characteristic at the point of
generation may still be subject to the requirements of chapter 18, even if they
no longer exhibit a characteristic at the point of land disposal,)
(2) in the case of a waste which is a waste
listed in article 4 of this chapter, contains a waste listed under article 4 of
this chapter or is derived from a waste listed in article 4 of this chapter
(but not including precipitation run off), the waste also has been excluded by
the USEPA Administrator from the lists of hazardous wastes in 40 CFR Part 261
Subpart D pursuant to 40 CFR
sections 260.20 and
260.22, and
(3) the waste is not listed in article
4.1.
(e) Notwithstanding
subsections (a) through (d) of this section and provided the debris as defined
in section
66260.10 of chapter 10 of this
division does not exhibit a characteristic identified in article 3 of chapter
11, the following materials are not subject to regulation under chapters 10, 11
to 16, 18 or 20 of this division;
(1)
Hazardous debris as defined in section
66260.10 of chapter 10 of this
division that has been treated using one of the required extraction or
destruction technologies specified in Table 1 of section
66268.45; persons claiming this
exclusion in an enforcement action will have the burden of proving by clear and
convincing evidence that the material meets all of the exclusion requirements;
or
(2) Debris as defined in
66260.10 of chapter 10 of this division that the Department considering the
extent of contamination, has determined is no longer contaminated with
hazardous waste.
1. New
section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
2.
Amendment of subsection (a)(2)(D), new subsections (c)(3)(A)-(B), amendment of
subsection (d)(1), new subsections (e)-(e)(2) and amendment of NOTE filed
10-24-94 as an emergency; operative 10-24-94 (Register 94, No. 43). A
Certificate of Compliance must be transmitted to OAL by 2-20-95 or emergency
language will be repealed by operation of law on the following
day.
3. Amendment of subsection (a)(2)(D), new subsections
(c)(3)(A)-(B), amendment of subsection (d)(1), new subsections (e)-(e)(2) and
amendment of NOTE refiled 2-21-95 as an emergency; operative 2-21-95 (Register
95, No. 8). A Certificate of Compliance must be transmitted to OAL by 6-21-95
or emergency language will be repealed by operation of law on the following
day.
4. Amendment of subsection (a)(2)(D), new subsections
(c)(3)(A)-(B), amendment of subsection (d)(1), new subsections (e)-(e)(2) and
amendment of NOTE refiled 6-19-95 as an emergency; operative 6-19-95 (Register
95, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-17-95
or emergency language will be repealed by operation of law on the following
day.
5. Amendment of subsection (a)(2)(D), new subsections
(c)(3)(A)-(B), amendment of subsection (d)(1), new subsections (e)-(e)(2) and
amendment of NOTE refiled 10-16-95 as an emergency; operative 10-16-95
(Register 95, No. 42). A Certificate of Compliance must be transmitted to OAL
by 2-13-96 or emergency language will be repealed by operation of law on the
following day.
6. Certificate of Compliance as to 10-24-94 order
including amendment of subsections (c)(1)-(c)(3)(B) and (d)(1)-(e)(1) and
amendment of NOTE transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96,
No. 5).
7. Change without regulatory effect amending subsections
(c)(3)(A), (c)(3)(B), (d) and (e) filed 8-15-97 pursuant to section
100, title 1, California Code of
Regulations (Register 97, No. 33).
8. Amendment of subsections
(a)(2)(A) and (a)(2)(E)5., new subsections (a)(2)(E)6., (a)(2)(E)7. and (c)(4),
and amendment of NOTE filed 10-13-98; operative 11-12-98 (Register 98, No.
42).
9. Amendment filed 2-13-2003; operative 3-15-2003 (Register
2003, No. 7).
10. Change without regulatory effect amending
subsection (a)(2)(A) filed 7-23-2010 pursuant to section
100, title 1, California Code of
Regulations (Register 2010, No. 30).
Note: Authority cited: Sections
25141,
25150,
25159,
25159.5,
25179.6,
58004 and 58012, Health and Safety Code. Reference: Sections
25117,
25141,
25143.1,
25159,
25159.5
and 58012, Health and Safety Code; and
40 CFR Section
261.3.
