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 5 - Categories of Hazardous Waste
Section 66261.122 - Criteria and Requirements of a Special Waste
Universal Citation: 22 CA Code of Regs 66261.122
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A hazardous waste which meets all of the following criteria and requirements shall be classified as a special waste upon application pursuant to section 66261.124:
(1) it is a solid, a water-based sludge or a
water-based slurry of which the solid constituents are substantially insoluble
in water;
(2) it is a hazardous
waste only because:
(A) it contains a
persistent or bioaccumulative substance listed in section
66261.24(a)(2)(A)
at a solubilized and extractable concentration exceeding its Soluble Threshold
Limit Concentration (STLC), or at a total concentration exceeding its Total
Threshold Limit Concentration (TTLC), as said STLC and TTLC values are set
forth in section
66261.24(a)(2)(A)
and determined as prescribed in Appendix II of this chapter; except that:
1. it shall contain no persistent or
bioaccumulative substance listed in section
66261.24(a)(2)(A)
at a solubilized and extractable concentration in milligrams per kilogram of
waste exceeding the TTLC value for the substance as set forth in section
66261.24(a)(2)(A)
and determined as prescribed in Appendix II of this chapter; and
2. it shall contain no persistent or
bioaccumulative inorganic substance listed in section
66261.113(b) at a
concentration equal to or exceeding the TTLC value of the substance as set
forth in section
66261.113(b).
(b) Special wastes do not include wastes which meet any of the following criteria:
(1)
wastes which are hazardous wastes pursuant to or because of:
(A) any characteristic of a hazardous waste
or other provision set forth in sections
66261.21, section
66261.22, section
66261.23 or section
66261.24(a)(3) through
(a)(7); or
(B) any criterion of an extremely hazardous
waste or other provision set forth in section
66261.110 or section
66261.113; or
(C) any constituent, except for a substance
or material listed in section
66261.24(a)(2)(A),
which experience or testing has shown to pose a threat to human health or the
environment because of its carcinogenicity, chronic toxicity, bioaccumulative
properties or persistence in the environment; or
(D) the characteristic of toxicity, as this
characteristic is set forth in section
66261.24(a)(1);
or
(E) the lists in article 4 of
this chapter, unless a waste is excluded by the USEPA Administrator from 40 CFR
Part 261, Subpart D pursuant to
40 CFR sections
260.20 and
260.22. Wastes excluded by the
USEPA Administrator pursuant to
40 CFR sections
260.20 and
260.22 are listed in 40 CFR 261
Part 261, Appendix IX;
(2) wastes which contain any of the
following:
(A) more than 1.0 percent by
weight of any organic substance or mixture of organic substance which is toxic
pursuant to section
66261.24(a)(3),
section 66261.24(a)(4),
or section
66261.24(a)(5);
or
(B) more than 0.1 percent by
weight of any organic substance or mixture of organic substance which is
extremely hazardous pursuant to Appendix X of this chapter or section
66261.110(a)(1),
section 66261.110(a)(2),
section 66261.110(a)(3),
or section
66261.110(a)(4);
or
(C) any organic substance listed
in section
66261.24(a)(2)(B)
at a total concentration exceeding the STLC value given for that substance;
or
(D) any inorganic or organic
material which is extraneous to the waste as it is normally produced by the
producer of the waste, excepting material which are incidental to, or necessary
for, the handling of the waste;
(3) hazardous wastes for which there are land
disposal restrictions set forth in section
66268.32 and are defined in Health
and Safety Code section
25122.7.
1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
Note: Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25117 and 25141, Health and Safety Code.
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