California Code of Regulations
Title 22 - Social Security
Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste
Chapter 11 - Identification and Listing of Hazardous Waste
Article 4 - Lists of RCRA Hazardous Wastes
Section 66261.35 - Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement

Universal Citation: 22 CA Code of Regs 66261.35

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of subsections (b) and (c) of this section. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.

(b) Generators shall either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the groundwater, surface waters, or atmosphere.

(1) generators shall do one of the following:

(A) prepare and follow an equipment cleaning plan and clean equipment in accordance with this section;

(B) prepare and follow an equipment replacement plan and replace equipment in accordance with this section; or

(C) document cleaning and replacement in accordance with this section, carried out after termination of use of chlorophenolic preservations.

(2) cleaning requirements.

(A) preserve and sign a written equipment cleaning plan that describes:

1. the equipment to be cleaned;

2. how the equipment will be cleaned;

3. the solvent to be used in cleaning;

4. how solvent rinses will be tested; and

5. how cleaning residues will be disposed.

(B) equipment shall be cleaned as follows:

1. remove all visible residues from process equipment;

2. rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.

1. rinses shall be tested in accordance with SW-846, Method 8290.

2. "not detected" means at or below the lower method calibration limit (MCL) in Method 8290, Table 1.

(D) The generator shall manage all residues from the cleaning process as F032 waste.

(3) replacement requirements.

(A) prepare and sign a written equipment replacement plan that describes:

1. the equipment to be replaced;

2. how the equipment will be replaced; and

3. how the equipment will be disposed.

(B) the generator shall manage the discarded equipment as F032 waste.

(4) documentation requirements.

(A) document that previous equipment cleaning and/or replacement was performed in accordance with this section and occurred after cessation of use of chlorophenolic preservatives.

(c) The generator shall maintain the following records documenting the cleaning and replacement as part of the facility's operating record:

(1) the name and address of the facility;

(2) formulations previously used and the date on which their use ceased in each process at the plant;

(3) formulations currently used in each process at the plant;

(4) the equipment cleaning or replacement plan;

(5) the name and address of any persons who conducted the cleaning and replacement;

(6) the dates on which cleaning and replacement were accomplished;

(7) the dates of sampling and testing;

(8) a description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;

(9) a description of the tests performed, the date the tests were performed, and the results of the tests;

(10) the name and model numbers of the instrument(s) used in performing the tests;

(11) QA/QC documentation; and

(12) the following statement signed and dated by the generator or his authorized representative:

I certify under penalty of perjury under the laws of the state of California that all process equipment required to be cleaned or replaced under Title 22, CCR, section 66261.35 was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment.

1. New section filed 7-29-94; operative 8-29-94 (Register 94, No. 30).

Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; and Section 58012, Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 261.35.

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