State
California Regulations
TITLE 22. SOCIAL SECURITY DIVISION 4.5. ENVIRONMENTAL HEALTH STANDARDS FOR THE MANAGEMENT OF HAZARDOUS WASTE

database is current through 09/29/06, Register 2006, No. 39

s 66001. Accidental Occurrence.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66001.5. Active Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66002. Acute Aquatic 96-Hour LC sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66004. Acute Dermal LD sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66005. Acute Inhalation LC subLO.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66006. Acute Inhalation LC sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66007. Acute LD subLO.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66008. Acute Oral LD sub50.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66010. Acute Toxicity.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66011. Applicant.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Section 25165, Health and Safety Code. 
  
 



s 66011.1. Aquifer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66011.2. Assets.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66011.3. Authorized Representative.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66012. Bioaccumulative Toxic Substance.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66013. Bodily Injury.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66015. Cargo Tank.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66015.5. Certification.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66016. Chemical Toilet.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66020. Chemical Toilet Additive.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66024. Chemical Toilet Waste.
 
  Note:    Authority cited: section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66026. Chronic Toxicity.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66027. Closed Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66027.6. Closure Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66027.8. Confined Aquifer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66027.9. Constituent.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66028. Container.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25123, 25123.5, 25163(d), 5167.3, 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66032. Corrosive.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66033. Contingency Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66036. Covered Container.
 
 



s 66038. Current Assets.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.2. Current Closure Cost Estimate.
 
  Note: Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.4. Current Liabilities.
 
  Note:    Authority cited: section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.6. Current Post-Closure Cost Estimate.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66038.9. Decontaminate.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66040. Dike.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66041. Discharge.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66042. Disposal.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66044. Disposal Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code.Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66048. Elementary Neutralization Unit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66049. End-User.
 
  Note:    Authority cited: Sections 208, 25150 and 25159.5, Health and Safety Code. Reference: Sections 25159.5 and 25170, Health and Safety Code. 
  
 



s 66050. Environmental Protection Agency (EPA) Identification Number.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66052. Disposal Site.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66056. Existing Hazardous Waste Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66058. Existing Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66060. Extremely Hazardous Material.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66070. Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66071. Fine Powder.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66074. Freeboard.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66076. Free Liquids.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66078. Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66079. Ground Water.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66080. Hauler.
Note:    Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
 



s 66084. Hazardous Material.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Sections 25117 and 25141, Health and Safety Code. 
  
 



s 66088. Hazardous Waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66092. Hazardous Waste Area.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66096. Hazardous Waste Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66099. Hazardous Waste Facility Permit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66100. Hazardous Waste Facility Permit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66104. Hazardous Waste Manifest.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66106. Highway.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Section 25169.1(b), Health and Safety Code. 
  
 



s 66107. Ignitable.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66108. In Operation.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66109. Inactive Portion.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66110. Incinerator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66111. Incompatible Waste.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66112. Independently Audited.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66113. Injection Well.
 
  Note:    Authority cited: Section 208, Health and safety Code. Reference:  Sections 25159 and 25159.5, Health and safety Code. 
  
 



s 66114. Inner Liner.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66115. Interim Status.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66116. International Shipment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66120. Irritant.
 
  Note:    Authority and reference cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66122. Land Disposal Method.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66123. Landfill.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66124. Landfill cell.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66125. Land Treatment Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66126. Leachate.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66127. Legal Defense Costs.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66128. Liabilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66129. Liner.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66129.5. Load.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: section 25150, Health and Safety Code. 
  
 



s 66130. Management.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66131. Manifest.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66131.4. Manifest Document Number.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66132. Manifest.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66133. Movement.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66134. Net Working Capital.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66134.5. Net Worth.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66134.8. New Hazardous Waste Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66135. Nonsudden Accidental Occurrence.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66136. Off-Site Hazardous Waste Facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66140. On-Site Hazardous Waste Facility.
 
  Note:    Authority cited, Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66142. Open Burning.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66144. Operator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66146. Owner.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66148. Operation Plan.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66150. Parent Corporation.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66151. Part A of Permit Application.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66151.1. Part B of Permit Application.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66152. Partial Closure.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66154. Permitted Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66156. Persistent Toxic Substance.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66158. Personnel.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66160. Pile.
 
  Note:    Authority cited: section 208, Health and Safety code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66162. Point Source.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66163. Post-Closure Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66164. Producer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66165. Property Damage.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66166. Publicly Owned Treatment Works.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66168. Reactive.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66172. Recyclable Hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66174. Recycle.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66176. Registered Hazardous Waste Transporter.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150 and 25163, Health and Safety Code. 
  
 



s 66178. Representative Sample.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66180. Resource Recovery.
 
  Note:    Authority cited: Section 25150, Health and Safety Code. Reference:  Sections 25170.5 and 25175, Health and Safety Code. 
  
 



s 66181. Resource Recovery Facility.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66184. Reuse.
 
  Note:    Authority cited: sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66186. Run-Off.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66187. Run-On.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66188. Salvaging.
 
  Note:    Authority cited: sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66189. Saturated Zone.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66189.5. Scrap Metal.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66190. Semitrailer.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163 (d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66190.2. Series 'A' Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25170 and 25201, Health and Safety Code. 
  
 



s 66190.4. Series B Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25170 and 25201, Health and Safety Code. 
  
 



s 66190.6. Series C Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25170 and 25201, Health and Safety Code. 
  
 



s 66191. Sharps.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25117 and 25117.5, Health and Safety Code. 
  
 



s 66193. Sludge.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66194. Soluble Threshold Limit Concentration.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66195. Special Waste.
 
  Note:    Authority cited: Sections 208, 25141, 25143 and 25150, Health and Safety Code. Reference: Sections 25117 and 25143, Health and Safety Code. 
  
 



s 66196. Spill.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66199. Sudden Accidental Occurrence.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66200. Surface Impoundment
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66201. Surplus Material.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66202. Tangible Net Worth.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25245 and 25246, Health and Safety Code. 
  
 



s 66203. Tank.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66204. Thermal Treatment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66206. Total Threshold Limit Concentration.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66208. Totally Enclosed Treatment Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66209. Toxicity Concentration Leaching Procedure or TCLP.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25159.6, Health and Safety Code. 
  
 



s 66210. Trailer.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66212. Transfer Station.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150, 25154, 25159, 25159.5 and 25201, Health and Safety Code. 
  
 



s 66213. Transport Vehicle.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66213.2. Transportable Treatment Units.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150 and 25200.2, Health and Safety Code. 
  
 



s 66213.5. Transportation.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66214. Transporter.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66216. Treatment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66218. Treatment Zone.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66220. Treatment Facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66222. Truck.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66224. Underground Injection.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66225. Unsaturated Zone.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66225.5. Uppermost Aquifer.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66226. Vacuum Tank.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66228. Variance.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66230. Vehicle.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163(d), 25168, 25168.2, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66232. Vessel.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66234. Wastewater Treatment Unit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66236. Water Reactive.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66238. Water Bulk Shipment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66240. Well.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66250. General Provisions.
The Political Reform Act of 1974 (Government Code section 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (FPPC) has adopted regulations (Title 2, California Code of Regulations section 18730 et seq.) which contain the terms of a standard conflict of interest code and which can be incorporated by reference into another agency's code. After public notice and hearing, section 18730 et seq. may be amended by the FPPC to conform to amendments in the Political Reform Act. The terms of section 18730 and any amendments to it duly adopted by the FPPC are hereby incorporated by reference. This section and the following sections, which specify all the terms and procedures for a model conflict of interest code and set forth the conditions under which designated employees must disqualify themselves from influencing governmental decisions, are hereby incorporated by reference and constitute the Conflict of Interest Code of the Department of Toxic Substances Control (Department).
Designated employees shall file statements of economic interest by using instructions and forms prescribed by the FPPC with the person designated to perform this function for the Department. The original statement by the Director of the Department shall be sent to the FPPC and a copy retained by the Department's filing officer along with all other such statements.
 
  Note: Authority cited: Section 87300, Government Code. Reference:  Sections 87300, 87302, 87306 and 87311, Government Code. 
  
 



s 66250.1. Disclosure Categories.
Category 1
Designated employees in this category must disclose, pursuant to instructions and forms prescribed by the FPPC, the following:
(a) All investments and sources of income, including gifts, loans and travel payments, from business or nonprofit entities that do business or receive income from any source within the State of California.
(b) All interests in real property in California.
(c) Any positions held in business entities that do business or receive income from any source within the State of California.
Category 2
Designated employees in this category must disclose, pursuant to instructions and forms prescribed by the FPPC, the following:
(a) All investments in business entities whose activities are subject to regulation or oversight by the Department or that contract, or are the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
(b) All interests in real property in California that are owned or operated by a business or nonprofit entity with activities subject to regulation or oversight by the Department or any real property within 2,000 feet of such property.
(c) Any positions held in business entities whose activities are subject to regulation or oversight by the Department or that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment and income from those sources.
(d) All sources of income, including gifts, loans and travel payments, from business or nonprofit entities whose activities are subject to regulation or oversight by the Department or that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
Category 3
Designated employees in this category must disclose, pursuant to instructions and forms prescribed by the FPPC, the following:
(a) Any positions held in business entities that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
(b) Any source of income, including gifts, loans and travel payments, and investment in business entities that contract, or are of the type that contract, with the Department to provide services, supplies, materials, machinery or equipment.
 
  Note: Authority cited: Section 87300, Government Code. Reference:  Sections 87300, 87302, 87306 and 87311, Government Code. 
  
 



s 66250.2. Employee Designations.
Designated Employees        Assigned
          Disclosure
By Positions        Categories
Accounting Administrators (All Levels)        2
Air Pollution Specialists        2
Assistant Chief Counsels        2
Assistant Laboratory Chief, Public Health Laboratory        2
Associate Budget Analysts        2
Associate Governmental Program Analysts (except in Legislation)    3
Associate Governmental Program Analysts in the Office of        2
  Legislation
Associate Information Systems Analyst (Specialist)        3
Career Executive Assignments        2
Chemists (Staff and higher)        2
Chief, Hazardous Material Laboratory        2
Consultants*        2
Criminal Investigators (All Levels)        2
Data Processing Managers (All Levels)        3
Division Chiefs, DTSC        2
Engineering Geologists (All Levels)        2
Environmental Biochemists        2
Environmental Planners (Associate and higher)        2
Exempt Appointments        1
Hazardous Substances Engineers (All Levels)        2
Hazardous Substances Scientists (All Levels)        2
Health Program Audit Managers        2
Industrial Hygienists (Associate and higher)        2
Information Officers (I and higher)        2
Management Auditors (All Levels)        2
Programmer Analysts (All Levels)        3
Public Participation Specialists        2
Public Participation Supervisors        2
Records Management Analysts        3
Research Program Specialists II        2
Research Scientists (I and higher)        2
Staff Counsels (All Levels)        2
Staff Information Systems Analyst (All Levels)        3
Staff Services Analysts in the Office of Legislation        2
Staff Services Managers (All Levels)        2
Toxicologists (All Levels)        2
Training Officers I        3
 
____________ *With respect to consultants, the Director may determine in writing that a particular consultant, although in a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Director's determination is a public record and shall be retained for public inspection.
 
  Note: Authority cited: Section 87300, Government Code. Reference:  Sections 87300, 87302, 87306 and 87311, Government Code. 
  
 



s 66260.1. Purpose, Scope, and Applicability.
 (a) This chapter provides definitions of terms, general standards, and overview information applicable to this division.
(b) In this chapter:
(1) Section 66260.2 sets forth the rules that the Department will use in making information it receives available to the public and sets forth the requirements that generators, transporters, or owners or operators of treatment, storage, or disposal facilities must follow to assert claims of business confidentiality with respect to information that is submitted to the Department under this division.
(2) Section 66260.3 establishes rules of grammatical construction for this division.
(3) Section 66260.4 establishes a rule restricting local enforcement actions relating to the management of hazardous waste.
(4) Section 66260.5 sets forth processing times for specified Departmental actions.
(5) Section 66260.10 defines terms which are used in this division.
(6) Section 66260.11 lists references used in this division and a source for these documents.
(7) Section 66260.12 lists acronyms and abbreviations used in this division.
(8) Section 66260.21 establishes requirements and procedures for obtaining waivers to use alternative test methods or analytical methods for classifying non-RCRA hazardous waste and for obtaining the Department's concurrence for using alternative methods allowed by the USEPA Administrator per 40 CFR Section 260.21 for the analysis of RCRA hazardous waste.
(9) Section 66260.200 establishes procedures for obtaining the Department's concurrence on classification of a waste as hazardous or nonhazardous.
(10) Section 66260.210 establishes procedures and requirements for obtaining waivers from regulation for non-RCRA hazardous waste and non-RCRA regulated activities.
 
  Note: Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code and 40 CFR Section 260.1. 
  
 



s 66260.2. Availability of Information; Confidentiality of Information.
 (a) Any information provided to the Department pursuant to this division will be made available to the public to the extent and in the manner authorized by section 3007(b) of RCRA and the California Public Records Act (Government Code section 6250 et seq.), and EPA regulations set forth in 40 CFR Part 2, as applicable.
(b) Any person who submits information to the Department in accordance with  40 CFR Parts 260 through Part 266 and Part 268 or chapters 10 through 16 and chapter 18 of this division may assert a claim of business confidentiality covering part or all of that information by following the procedures set forth in 40 CFR section 2.203(b). Information covered by such a claim will be disclosed by the USEPA or the Department only to the extent, and by means of the procedures, set forth in this division except that information required by 40 CFR section 262.53(a) and 40 CFR section 262.83 or section 66262.53(a) and section 66262.83 that is submitted in a notification of intent to export a hazardous waste will be provided to the U.S. Department of State and the appropriate authorities in the transit and receiving or importing countries regardless of any claims of confidentiality. However, if no such claim accompanies the information when it is received by the Department, it may be made available to the public without further notice to the person submitting it.
(c) Information covered by such a claim will be disclosed by the Department only to the extent, and by means of the procedures, set forth in Part 2, Subpart B, of 40 CFR except that information required by section 66262.53(a) which is submitted in notification of intent to export a hazardous waste pursuant to section 66262.53(a) will be provided to the U.S. Department of State and the appropriate authorities in a receiving country regardless of any claims of confidentiality.
 
  Note: Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code and 40 CFR Section 260.2. 
  
 



s 66260.3. Use of Number.
As used in this division:
(a) Words in the singular include the plural; and
(b) Words in the plural include the singular.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code and 40 CFR Section 260.3. 
  
 



s 66260.4. Local Agency Regulation of Hazardous Waste Facilities.
No local agency shall enforce any requirement, other than those in this division, which would impede interstate or intrastate transportation or disposal of hazardous waste or which would impede use of facilities for regional multi-county management of hazardous waste.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66260.5. Processing Times Based on Actual Performance.
The Department's time periods for processing applications for specific Departmental actions based on actual performance for the two years immediately preceding proposal of this regulation are as follows:
(a) Hazardous waste hauler registration (section 66263.11):
(1) Median time: 60 days
(2) Minimum time: l day
(3) Maximum time: 180 days
(b) waste classification concurrence (section 66260.200) and Special waste classification (section 66261.124):
(1) Median time: 11 months
(2) Minimum time: 2 days
(3) Maximum time: 39 months
(c) Variances (section 66260.210):
(1) Median time: 60 days
(2) Minimum time: l day
(3) Maximum time: 1200 days.
 
  Note:    Authority cited: Section 15376, Government Code; and Sections 208 and 25150, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 25141, 25143 and 25163, Health and Safety Code. 
  
 



s 66260.10. Definitions.
Additional definitions applicable to management of universal wastes are found in section 66273.9. When used in this division, the following terms have the meanings given below:
 "Aboveground tank" means a device meeting the definition of "tank" in section 66260.10 and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.
 "Accidental occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury, property damage or environmental degradation neither expected nor intended from the standpoint of the insured.
 "Accumulated speculatively" means that a material is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that, during the calendar year (commencing on January 1), the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under section 66261.4(c) are not to be included in making the calculation. (Materials that are already defined as wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
 "Active life" or "Operating life" of a facility means the period from the initial receipt of hazardous waste at the facility until the Department receives certification of final closure.
 "Active portion" means that portion of a facility where transfer, treatment, storage or disposal operations are being or have been conducted after November 19, 1980 and which is not a closed portion.
 "Activity" means any activity that is subject to regulation under this division.
 "Acute aquatic 96-hour LC 50" means the concentration of a substance or mixture of substances in water, in milligrams per liter, which produces death within 96 hours in half of a group of at least 10 test fish.
 "Acute dermal LD 50" means the dose of a substance or mixture of substances, in milligrams per kilogram of test animal body weight, which, when applied continuously to the bare skin for 24 hours, produces death within 14 days in half of a group of 10 or more rabbits.
 "Acute inhalation LC LO" means the lowest concentration of a substance or mixture of substances in air, other than acute inhalation LD 50  in parts per million by volume if the substance or mixture of substances is a gas or vapor, reported to have caused death in humans or animals.
 "Acute inhalation LC 50" means the concentration of a substance or mixture of substances in air, in parts per million by volume if the substance or mixture of substances is a gas or vapor, which when inhaled continuously for 8 hours by a group of 10 or more laboratory white rats, each weighing between 200 and 300 grams, produces death in half the group within 14 days.
 "Acute LD LO" means the lowest dose, other than an acute LD 50  of a substance or mixture of substances, in milligrams per kilogram body weight introduced orally or dermally over any given period of time in one or more divided portions and reported to have caused death in humans or animals.
 "Acute oral LD 50" means the dose of a substance or mixture of substances, in milligrams per kilogram of test animal body weight, which, when administered orally as a single dose, produces death within 14 days in half of a group of 10 or more laboratory white rats which have fasted for 24 hours immediately prior to administration of the dose, and which weigh between 200 and 300 grams each.
 "Acute toxicity" Means the ability of a substance or mixture of substances to cause injury, illness or damage to humans, animals or other living organisms by a single exposure of a duration measured in seconds, minutes, hours or days or, in the case of oral ingestion, by a single dose.
 "Acute hazardous waste" see "Acutely hazardous waste."
 "Acutely hazardous waste" or "Acute hazardous waste" means any hazardous waste classified as an acutely hazardous waste in article 4 of chapter 11 of this division.
 "Administrator" see "USEPA Administrator."
 "Affected medium" means any medium (e.g., ground water, surface water or the unsaturated zone) that has been affected by a release from a regulated unit.
For the purposes of chapters 14 and 15, "Air stripping operation" is a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.
 "Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves and pumps, that is used to distribute, meter or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal offsite.
 "Applicant" means a person who applies to the Department or to the USEPA for a permit, registration, certification or permission to take specified action, pursuant to the provisions of this division.
 "Application" means (a) the USEPA standard national forms for applying for a permit (Form EPA 8700-23, Revised 1/90) and the information required by the Department under sections 66270.14 through 66270.29 (contents of Part B of the application); or (b) the forms approved by the Department for applying for registration as a hazardous waste hauler. These forms are:
Form DTSC 187, revised 2/92: Hazardous Waste Hauler Application
Form DTSC 8025, revised 2/92: Application for Vehicle/container inspection
Form DTSC 8038, revised 2/93: Certificate of insurance
Form DHS 8430, revised 3/89: Disclosure Statement
 "Aquifer" means a geologic formation, group of formations or part of a formation capable of yielding a significant amount of ground water to wells or springs.
 "Assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity.
 "Authorized agency" means, in a jurisdiction where there is no CUPA, the agency authorized to continue its role, responsibilities and authority pursuant to section 25404.3 of the Health and Safety Code to implement and enforce the requirements identified in paragraph (1) of subdivision (c) of section 25404 of the Health and Safety Code. In those instances when the Department is the authorized agency, the Department is not limited from exercising any authority it otherwise has under the Health and Safety Code and Title 22 of the California Code of Regulations.
 "Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.
 "Average volatile organic concentration" or "average VO concentration" means the mass-weighted average volatile organic concentration of a hazardous waste as determined in accordance with the requirements of section 66265.1084.
 "Background monitoring point" means a well, device or location specified in the facility permit at which monitoring for background water, soil, air or soil-vapor quality is conducted.
 "Bioaccumulative toxic substance" means a toxic substance that concentrates in living organisms through direct assimilation or food chain accumulation.
 "Bodily Injury" means (a) any injury that causes physical pain, illness or any impairment of physical condition; or (b) for the purposes of chapter 13 of this division, "bodily injury" means injury to the body, sickness or disease to any person, including death resulting from any of these.
 "Boiler" means an enclosed device using controlled flame combustion and having the following characteristics:
(a)(1) the unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids or heated gases; and
(2) the unit's combustion chamber and primary energy recovery section(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterfalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and
(3) while in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and
(4) the unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or
(b) the unit is one which the USEPA Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in 40 CFR section 260.32.
 "Border zone property" means any property designated as border zone property pursuant to Health and Safety Code section 25229 which is within 2,000 feet of a significant disposal of hazardous waste, and the wastes so located are a significant existing or potential hazard to present or future public health or safety on the land in question.
For the purposes of chapters 14 and 15, "Bottoms receiver" means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.
 "Buffer zone" means an area of land which surrounds a hazardous waste facility and on which certain land uses and activities are restricted to protect the public health and safety and the environment from existing or potential hazards caused by the migration of hazardous waste.
 "Bulk container" means any container or container-like vehicle, other than a vessel or a barge, with a capacity greater than 119 gallons (450 liters), which is used to transport hazardous waste(s), hazardous material(s), hazardous substance(s), or recyclable material(s) in bulk by air, highway, rail, or water, including, but not limited to, cargo tanks, vacuum trucks, roll-off bins, rail tank cars, and intermodal containers.
 "Bulking" means the process of consolidating various quantities of the same type of waste by placing them into a single, larger container.
 "Business" means the conduct of an activity and is not limited to a commercial or proprietary activity.
 "Business concern" means any sole proprietorship, corporation, association, firm, partnership, trust or other form of commercial organization.
 "By-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.
 "Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.
 "Cargo tank" means any tank permanently attached to, or a structural part of, a vehicle; or any bulk liquid or compressed gas packaging that is not permanently attached to a vehicle and by reason of its size, construction or method of attachment is filled or emptied without removal from the vehicle. The term does not include tanks that furnish fuel for propulsion of motor vehicle, or auxiliary equipment on which they are installed or any packaging fabricated to cylinder specifications.
 "Cathode ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electrical signal into a visual image.
 "Certification" means a statement of professional opinion based upon knowledge and belief.
 "Certified Unified Program Agency (CUPA)" means the agency certified pursuant to the requirements of Chapter 6.11 and Title 27, CCR.
 "Chemical toilet" means any portable or permanently installed sanitation apparatus or system which utilizes a tank for toilet waste retention and into which a chemical toilet additive is added.
 "Chemical toilet additive" means any chemical substance, biological agent, other material or formulation thereof, which is employed for the primary purpose of controlling waste decomposition and odors in a chemical toilet holding tank or any tank in which chemical toilet wastes are held, collected or transported. The term "chemical toilet additive" includes, but is not limited to, a chemical substance, biological agent or other material which is a deodorant, bactericide, bacteriostat, microbiocide, chemical reactant, surfactant or enzymatic agent.
 "Chemical toilet waste" means the waste in or from a chemical toilet.
 "Chronic toxicity" means the ability of a substance or mixture of substances to cause injury, illness or damage to humans, animals or other living organisms by prolonged or repeated exposure or consumption over a period of days, weeks, months or years.
 "Class I Violation" means:
(a) a deviation from the requirements specified in Chapter 6.5 of Division 20 of the Health and Safety Code, or regulations, permit or interim status document conditions, standards, or requirements adopted pursuant to that chapter, that represents a significant threat to human health or safety or the environment, because of (1) the volume of the waste; (2) the relative hazard of the waste; or (3) the proximity of the population at risk, or that is significant enough that it could result in a failure to accomplish the following:
(A) Assure that hazardous wastes are destined for and delivered to an authorized hazardous waste facility;
(B) Prevent releases of hazardous waste or constituents to the environment during the active or post closure period of facility operation;
(C) Assure early detection of such releases;
(D) Assure adequate financial resources in the case of releases; or
(E) Assure adequate financial resources to pay for facility closure;
(F) Perform emergency clean-up operation or other corrective action for releases; or
(b) The deviation is a Class II violation which is a chronic violation or committed by a recalcitrant violator.
 "Class II Violation" means a deviation from the requirements specified in Chapter 6.5 of Division 20 of the Health and Safety Code, or regulations, permit or interim status document conditions standards, or requirements adopted pursuant to that chapter, that is not a Class I violation.
 "Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements and for which the Department has released the owner and operator from the financial assurance requirements for closure under section 66264.143(j) or section 66265.143(i).
For the purposes of chapters 14 and 15, "Closed-vent system" means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.
 "Closure" means the act of closing a hazardous waste management facility or hazardous waste management unit to pursuant the requirements of chapters 14 and 15 of this division.
 "Closure device" means a cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded pressure relief valve).
 "Closure period" means the period during which a unit at a hazardous waste management facility is being closed according to an approved closure plan.
 "Closure plan" means the plan for closure prepared in accordance with section 66264.112 or section 66265.112.
 "Commence" means to receive the first delivery of waste.
 "Component" means any constituent part of a unit or any group of constituent parts of a unit which are assembled to perform a specific function (e.g., a tank or ancillary equipment of a tank system, a pump seal, pump, kiln liner, kiln thermocouple).
 "Concentration limit" means the value for a constituent specified in the water quality protection standard or environmental protection standard including, but not limited to, values for concentration, temperature, pH, conductivity and resistivity.
For the purposes of chapters 14 and 15, "Condenser" means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.
 "Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.
For the purposes of chapters 14 and 15, "Connector" means flanged, screwed, welded, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.
 "Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent.
 "Consignment state" or "Destination state" means the state to which the shipment is manifested. This definition takes effect on September 5, 2006.
 "Consolidated Manifest" means a hazardous waste manifest used by a milkrun or consolidated transporter to combine hazardous waste shipments from multiple generators on one consolidated manifest pursuant to the procedures in Health and Safety Code section 25160.2.
 "Consolidated Transporter" means a hazardous waste transporter registered pursuant to Health and Safety Code section 25165 and the regulations adopted by the Department who has notified the Department pursuant to Health and Safety Code section 25165 of its intent to use the consolidated manifesting procedures set forth in Health and Safety Code section 25160.2.
 "Constituents of concern" means any waste constituents, reaction products and hazardous constituents that are reasonably expected to be in or derived from waste contained in a regulated unit.
 "Container" means any device that is open or closed, and portable in which a material can be stored, handled, treated, transported, recycled or disposed of.
 "Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of article 29 of chapters 14 or 15 of this division.
 "Contingency plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
For the purposes of chapters 14 and 15, "Continuous recorder" means a data-recording device recording an instantaneous data value at least once every 15 minutes.
 "Continuous seal" means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.
 "Control chart" means a graphical method for evaluating whether a process is or is not in a state of statistical control.
For the purposes of chapters 14 and 15, "Control device" means an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device.
For the purposes of chapters 14 and 15, "Control device shutdown" means the cessation of operation of a control device for any purpose.
 "Corrective action management unit" means an area within a facility that is designated by the Department under article 15.5 of chapter 14 of this division, for the purpose of implementing corrective action requirements under articles 6, 15.5, or 17 of chapter 14 of this division or article 18 of chapter 15 of this division, Health and Safety Code sections 25200.10 or 25187, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925]. A corrective action management unit shall only be used for the management of remediation wastes pursuant to implementing such corrective action requirements at the facility.
 "Corrosion expert" means a person who, by reason of that person's knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.
 "Cover" means a device that provides a continuous barrier over the hazardous waste managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.
 "Covered container" means any container which is equipped with a cover or other device that will prevent the escape of a liquid or solid substance when closed.
 "Covered electronic device" has the same meaning as Public Resource Code section 42463(f)(1).
 "Covered electronic waste" has the same meaning as Public Resource Code section 42463(g).
 "Current assets" means cash or other assets or resources commonly identified as those which are reasonably expected to be realized in cash or sold or consumed during the normal operating cycle of the business.
 "Current closure cost estimate" means the most recent of the estimates prepared in accordance with section 66264.142 or section 66265.142.
 "Current liabilities" means obligations for which liquidation is reasonably expected to require the use of existing resources properly classifiable as current assets or the creation of other current liabilities.
 "Current plugging and abandonment cost estimate" means the most recent of estimates prepared in accordance with 40 CFR section 144.62(a), (b) and (c) incorporated by reference in section 66260.11 of this chapter.
 "Current postclosure cost estimate" means the most recent of the estimates prepared in accordance with section 66264.144 or section 66265.144.
 "Day" means a calendar day. Periods of time are calculated by excluding the first day and including the last. Except, if the last day is a Saturday, Sunday or other holiday specified in Government Code section 6700 it is also excluded.
 "Debris" means solid material exceeding a 60 mm particle size that is intended for disposal and that is: A manufactured object; or plant or animal matter; or natural geologic material. However, the following materials are not debris: any material for which a specific treatment standard is provided in article 4 of chapter 18 of this division, namely lead acid batteries, cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and residues from the treatment of waste, wastewater, sludges, or air emission residues; and intact containers of hazardous waste that are not ruptured and that retain at least 75% of their original volume. A mixture of debris that has not been treated to the standards provided  by section 66268.45 and other material is subject to regulation as debris if the mixture is comprised primarily of debris, by volume, based on visual inspection.
 "Decontaminate" means to make free of wastes that are hazardous pursuant to the criteria in chapter 11 of this division.
 "Department" means the Department of Toxic Substances Control.
 "Designated facility" means a hazardous waste transfer, treatment, storage, or disposal facility which has received a permit (or a facility with interim status) in accordance with the requirements of chapters 20 and 21 of this division, a permit from a State authorized in accordance with part 271 of title 40 CFR, or that is regulated under chapter 16 of this division, or has received a permit, a grant of interim status, or a variance to operate without a permit or grant of interim status from the Department, or is otherwise authorized by law to receive specific hazardous wastes, and that has been designated on the manifest by the generator pursuant to section 66262.20. This definition is repealed as of September 5, 2006.
 "Designated facility" means (1) a hazardous waste transfer, treatment, storage, or disposal facility which has received a permit (or a facility with interim status) in accordance with the requirements of chapters 20 and 21 of this division, or (2) has received a permit from a State authorized in accordance with part 271 of 40 Code of Federal Regulations, or (3) that is regulated under chapter 16 of this division, or (4) has received a permit, a grant of interim status, or a variance to operate without a permit or grant of interim status from the Department, or (5) is otherwise authorized by law to receive specific hazardous wastes, and (6) that has been designated on the manifest by the generator pursuant to section 66262.20. Designated facility also means a generator site designated on the manifest to receive its waste as a return shipment from a facility that has rejected the waste in accordance with sections 66264.72 subsection (f) or 66265.72 subsection (f). If a waste is destined to a facility in an authorized state which has not yet obtained authorization to regulate that particular waste as hazardous, then the designated facility shall be a facility allowed by the Receiving state to accept such waste. This definition takes effect on September 5, 2006.
 "Destination state" see "Consignment state". This definition takes effect on September 5, 2006.
 "Dike" means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids or other materials.
 "Director" means the State Department of Toxic Substances Control Director, or an authorized representative.
 "Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of hazardous waste into or on any land or water.
 "Disclosure statement," as defined by Health and Safety Code section 25112.5, means the following:
(a) a statement submitted to the Department by an applicant, signed by the applicant under penalty of perjury, which includes all of the following information:
(1) the full name, any previous name or names, business address, social security number and driver's license number of all of the following:
(A) the applicant;
(B) any officers, directors or partners, if the applicant is a business concern;
(C) all persons or any officers, partners, or any directors if there are no officers, of business concerns holding more than five percent of the equity in, or debt liability of the applicant, except that if the debt liability is held by a lending institution, the applicant shall only supply the name and address of the lending institution;
(2) Except as provided in subdivision (b), the following persons listed on the disclosure statement shall properly submit completed fingerprint images and related identification information:
(A) the sole proprietor;
(B) the partners;
(C) all persons listed in subparagraph (C) of paragraph (1) and any officers or directors of the applicant company as required by the Department;
(3) if fingerprint images and related identification information are submitted for purposes of paragraph (2), the fingerprint images and related identification information shall be submitted for any person required by paragraph (2) only once. If there is a change in the person serving in a position for which fingerprint images and related identification information are required to be submitted pursuant to paragraph (2), fingerprint images and related identification information shall be captured and submitted for that person. Fingerprint images and the related identification information may be obtained using the Department of Justice's electronic fingerprint network.
(4) the full name and business address of any business concern which generates, transports, treats, stores, recycles, disposes of or handles hazardous waste and hazardous materials in which the applicant holds at least a five percent debt liability or equity interest;
(5) a description of any local, state, or federal licenses, permits, or registrations for the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials applied for, or possessed by the applicant, or by the applicant under any previous name or names, in the five years preceding the filing of the statement, or, if the applicant is a business concern, by the officers, directors, or partners of the business concern, including the name and address or the issuing agency;
(6) a listing and explanation of any final administrative orders or license revocations or suspensions issued or initiated by any local, state or federal authority, in the five years immediately preceding the filing of the statement, or any civil or criminal prosecutions filed in the five years immediately preceding, or pending at the time of, the filing of the statement, with any remedial actions or resolutions if applicable, relating to the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials received by the applicant, or by the applicant under any previous name or names, or, if the applicant is a business concern, by any officer, director or partner of the business concern;
(7) a listing of any agencies outside of the state which regulate, or had regulated, the applicant's, or the applicant's under any previous name or names, generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials in the five years preceding the filing of the disclosure statement;
(8) a listing and explanation of any federal or state conviction, judgment, or settlement, in the five years immediately preceding the filing of the statement, with any remedial actions or resolutions if applicable, relating to the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste or hazardous materials by the applicant, or by the applicant under any previous name or names, or if the applicant is a business concern, by any officer, director or partner of the business concern;
(9) a listing of all owners, officers, directors, trustees and partners of the applicant who have owned, or been an officer, director, trustee or partner of, any company which generated, transported, treated, stored, recycled, disposed of, or handled hazardous wastes or hazardous materials and which was the subject of any of the actions described in paragraphs (6) and (8) for the five years preceding the filing of the statement.
(b) Notwithstanding paragraph (2) of subdivision (a), a corporation, the stock of which is listed on a national securities exchange and registered under the Securities Exchange Act of 1934 (15 U.S.C. Sec. 78a et seq.), or a subsidiary of such a corporation, is not subject to the fingerprint requirements of subdivision (a).
(c) In lieu of the statement specified in subdivision (a), a corporation, the stock of which is listed on a national securities exchange or on the National Market System of the NASDAQ Stock Market and registered under the Securities Exchange Act of 1934 (15 U.S.C. section 78a et seq.), or a subsidiary of such a corporation, may submit to the Department copies of all periodic reports, including, but not limited to, those reports required by Section 78m of title 15 of the United States Code and Part 229 (commencing with Section 229.10) of chapter II of title 17 of the Code of Federal Regulations that the corporation or subsidiary has filed with the Securities and Exchange Commission in the three years immediately preceding the submittal, if the corporation or subsidiary thereof has held a hazardous waste facility permit or operated a hazardous waste facility under interim status pursuant to Health and Safety Code section 25200 or 25200.5 since January 1, 1984.
 "Disposal" means:
(a) the discharge, deposit, injection, dumping, spilling, leaking or placing of any waste or hazardous waste into or on any land or water so that such waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters;
(b) the abandonment of any waste.
 "Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term "disposal facility" does not include a corrective action management unit into which remediation wastes are placed.
 "Disposal site" means the location where any final deposition of hazardous waste occurs.
For the purposes of chapters 14 and 15, "Distillate receiver" means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.
For the purposes of chapters 14 and 15, "Distillation operation" means an operation, either batch or continuous, separating one or more feed stream(s) into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.
For the purposes of chapters 14 and 15, "Double block and bleed system" means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.
 "Draft permit" means a document prepared under section 66271.5 or 40 CFR section 124.6 indicating the Department's tentative decision to issue or deny, modify, revoke and reissue, terminate or reissue a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in section 66271.4, are types, of draft permits. A denial of a request for modification, revocation and reissuance, or termination, as discussed in section 66271.4 or 40 CFR section 124.5 is not a "draft permit." A proposed permit is not a draft permit.
 "Drip pad" means an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
 "Elementary neutralization unit" means a device which:
(a) is used for neutralizing wastes which are hazardous wastes only because they exhibit the corrosivity characteristic defined in section 66261.22, or are listed in article 4 of chapter 11 of this division only for this reason; and,
(b) meets the definition of tank, tank system, container, transport vehicle or vessel in this section.
 "Emergency permit" means a permit issued in accordance with section 66270.61.
 "Enclosure" means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapors through a closed-vent system to a control device.
 "End-user" means (a) any person who receives a hazardous waste from an unaffiliated third party and who intends to, or does, use or reuse that waste as:
(1) an ingredient in an industrial process to make a product, provided that distinct components of the material are not recovered as separate end products; or
(2) a substitute for a raw material in a process that uses raw materials as principal feedstocks; or
(3) a substitute for a commercial product in a particular function or application.
(b) "End-user" does not include:
(1) a person who receives a RCRA hazardous waste;
(2) a person who receives a hazardous waste from an unaffiliated third party and who intends to, or does, process that waste to recover usable products or regenerate that waste;
(3) a person managing a material that is not a waste pursuant to Health and Safety Code section 25143.2.
 "EPA Acknowledgment of Consent" means the cable sent to the USEPA from the U.S. Embassy in a receiving country that acknowledges the written consent of the receiving country to accept the hazardous waste and describes the terms and conditions of the receiving country's consent to the shipment.
 "EPA hazardous waste number" means the number assigned to each hazardous waste listed in article 4 of chapter 11 of this division and to each characteristic identified in article 3 of chapter 11 of this division as an EPA hazardous waste number.
For the purposes of chapters 14 and 15, "Equipment" means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by these regulations.
 "Equivalent method" means any testing or analytical method approved by the USEPA Administrator under 40 CFR sections 260.20 and 260.21 or by the Department under section 66260.21 of this division.
 "Existing component" see "Existing tank system."
 "Existing facility" see "Existing hazardous waste management facility."
 "Existing hazardous waste facility" see "Existing hazardous waste management facility."
 "Existing hazardous waste management (HWM) facility," "Existing hazardous waste facility," or "existing facility" means a facility which was in operation or for which construction commenced on or before November 19, 1980 and for which a Part A permit application has been submitted to the Department or the USEPA. A facility has commenced construction if:
(a) the owner or operator has obtained the Federal, State and local approvals or permits necessary to begin physical construction; and either
(b)(1) a continuous onsite, physical construction program has begun; or
(2) the owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction of the facility to be completed within a reasonable time.
 "Existing portion" means:
(a) that land surface area of an existing facility, included in the original RCRA Part A permit application, on which wastes have been placed prior to February 2, 1985;
(b) for facilities that were not required to submit a RCRA permit application, that land surface area of an existing facility on which wastes have been placed prior to February 2, 1985.
 "Existing tank system" or "existing tank component" means a tank system or component that is used for the transfer, storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to the dates indicated below:
(a) July 14, 1986, for tanks containing RCRA hazardous wastes, unless:
(1) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1,000 kg per month generator as defined in 40 CFR section 265.201, or
(2) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1;
(b) July 1, 1991 for:
(1) tanks containing only non-RCRA hazardous wastes, and
(2) tanks containing RCRA hazardous wastes, if:
(A) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1,000 kg per month generator as defined in 40 CFR section 265.201, or
(B) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1, but the owner or operator is subject to the standards of article 10 of chapter 14 or article 10 of chapter 15 of this division.
 Installation will be considered to have commenced if the owner or operator has obtained all Federal, State and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either a continuous onsite physical construction or installation program has begun, or the owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction of the site or installation of the tank system to be completed within a reasonable time.
 "External floating roof" means a pontoon-type or double-deck type cover that rests on the surface of the material managed in a tank with no fixed roof.
 "Extremely hazardous material" means a substance or combination of substances which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the substance or combination of substances because of its quantity, concentration or chemical characteristics.
 "Extremely hazardous waste" means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration or chemical characteristics.
 "Facility" see "Hazardous waste facility."
 "Facility mailing list" means the mailing list for a facility maintained by the Department in accordance with section 66271.9(c)(1)(D).
 "Facility personnel" see "Personnel."
 "Federal agency" means any department, agency or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.
 "Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.
 "Final closure" means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under chapters 14 and 15 of this division are no longer conducted at the facility unless subject to the provisions in section 66262.34.
 "Fine powder" means a metal in dry, solid form having a particle size smaller than 100 micrometers (0.004 inches) in diameter.
For the purposes of chapters 14 and 15, "First attempt at repair" means to take rapid action to maintain compliance with Section 66265.31, for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.
 "Fixed roof" means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.
 "Fixed Treatment Unit" means any equipment which performs a treatment as defined in this section and which is permanently stationed, or which is periodically assembled for use, at a single facility for the purpose of performing treatment, regardless of the period or frequency of treatment.
For the purposes of chapters 14 and 15, "Flame zone" means the portion of the combustion chamber in a boiler occupied by the flame envelope.
For the purposes of chapters 14 and 15, "Flow indicator" means a device that indicates whether gas flow is present in a vent stream.
 "Floating membrane cover" means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous waste being managed in a surface impoundment.
 "Floating roof" means a cover consisting of a double deck, pontoon single deck, or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.
 "Food-chain crops" means tobacco, crops grown for human consumption and crops grown for feed for animals whose products are consumed by humans.
For the purposes of chapters 14 and 15, "Fractionation operation" means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.
 "Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure. Free liquids are determined by using the paint filter test (EPA Method No. 9095), as modified in section 66264.314(b) of this division.
 "Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.
 "Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.
 "Generator" or "Producer" means any person, by site, whose act or process produces hazardous waste identified or listed in chapter 11 of this division or whose act first causes a hazardous waste to become subject to regulation.
 "Generator state" means the state where the waste is generated and from which the shipment originates. This definition takes effect on September 5, 2006.
 "Groundwater" means water below the land surface in a zone of saturation.
 "Halogenated organic compounds" or "HOCs" means those compounds having a carbon-halogen bond which are listed under Appendix III or Appendix III-A to chapter 18 of this division.
 "Handling" means the transporting or transferring from one place to another, or pumping, processing, storing or packaging of hazardous waste, but does not include the handling of any substance before it becomes a waste.
 "Hard-piping" means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices.
 "Hauler" means a transporter.
 "Hazardous Constituent" means:
(a) a constituent identified in Appendix VIII to chapter 11 of this division; or
(b) any other element, chemical compound, or mixture of compounds which is a component of a hazardous waste or leachate and which has a physical or chemical property that causes the waste or leachate to be identified as a hazardous waste.
 "Hazardous debris" means debris that contains a hazardous waste listed in article 4 of chapter 11 of this division, or that exhibits a characteristic of hazardous waste identified in article 3 of chapter 11. Any deliberate mixing of prohibited hazardous waste with debris that changes its treatment classification (i.e., from waste to hazardous debris) is not allowed under the dilution prohibition in section 66268.3 of this division.
 "Hazardous material" as defined in Health and Safety Code Section 25501 as applied in Chapter 6.95 of Division 20 of the Health and Safety Code.
 "Hazardous waste" means a hazardous waste as defined in section 66261.3 of this division. "Hazardous waste" includes extremely hazardous waste, acutely hazardous waste, RCRA hazardous waste, non-RCRA hazardous waste and special waste.
 "Hazardous waste constituent" means a constituent that caused the USEPA Administrator to list the hazardous waste in 40 CFR Part 261, Subpart D, or a constituent listed in Table 1 of 40 CFR section 261.24.
 "Hazardous waste discharge" see "discharge."
 "Hazardous waste facility," "hazardous waste management facility," "HW facility," or "facility" means:
(a) all contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal or recycling operational units or combinations of these units.
(b) For the purpose of implementing corrective action under articles 6, 15.5, or 17 of chapter 14 or article 18 of chapter 15 of this division, all contiguous property under the control of the owner or operator seeking a permit under Title 22, Division 4.5 of the California Code of Regulations. This definition applies to all contiguous property of an owner or operator implementing corrective action at a facility under Health and Safety Code sections 25200.10 or 25187, or federal RCRA section 3004(u) [Title 42, U.S.C., section 6924(u)] or federal RCRA section 3008(h) [Title 42, U.S.C., section 6928(h)]. This definition also applies to all contiguous property of an owner or operator implementing removal or remedial action at an extra-large, large, medium, or small site where hazardous substances have been released or threaten to be released under Health and Safety Code sections 25187 or 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201.
 "Hazardous waste facility permit" or "permit" means an authorization, license or equivalent control document issued by the USEPA or the Department to implement the requirements of RCRA and this division. "Permit" includes permit by rule pursuant to section 66270.60, and emergency permit pursuant to section 66270.61. "Permit" does not include interim status (article 7 of chapter 20), or any permit which has not yet been the subject of final USEPA or Department action, such as a draft permit or a proposed permit.
 "Hazardous waste management" see "Management."
 "Hazardous waste management facility" see "Hazardous waste facility."
 "Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, a waste transfer area, an incinerator, a tank and its associated piping and underlying containment system and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.
For the purposes of chapters 14 and 15, "Hazardous waste management unit shutdown" means a work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous waste management unit or part of a hazardous waste management unit for less than 24 hours is not a hazardous waste management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous waste management unit shutdowns.
 "Hazardous waste property" means (a) land which is either of the following:
(1) any hazardous waste facility or portion thereof, required to be permitted pursuant to this division, which has a permit for disposal from the Department or has submitted an application for such a permit;
(2) a portion of any land designated as a hazardous waste property pursuant to  Health and Safety Code section 25229 where a significant disposal of hazardous waste has occurred on, under or into the land resulting in a significant existing or potential hazard to present or future public health or safety.
(b) "Hazardous waste property" does not mean residential land that has never received waste chemicals from an industrial, commercial, agricultural, research or business activity.
 "Highway" means a way, or place, of whatever nature open to the use of the public for purposes of vehicular travel. Highway includes street.
 "HOCs" see "Halogenated organic compound."
For the purposes of chapters 14 and 15, "Hot well" means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.
 "Household" means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures.
 "Household hazardous waste" means any hazardous waste generated incidental to owning and/or maintaining a place of residence. Household hazardous waste does not include any waste generated in the course of operating a business at a residence.
 "HWM facility" see "Hazardous waste facility."
 "ID Number" see "Identification number."
 "Identification Number" or "ID Number" means the number applied for by and and assigned to all handlers of hazardous waste. A State ID number will be issued to handlers of non-RCRA hazardous waste (HW) and/or under 100 KG per calendar month of a RCRA HW. The State ID number will have a prefix of three letters followed by nine numbers. A federal ID number (EPA ID number) will be issued to handlers of 100 KG or more per calendar month of a RCRA HW and/or more than 1 KG per calendar month of acute HW, and any amount of non-RCRA HW. The federal ID number will have a prefix of three letters followed by nine numbers. Federal facilities will have a prefix of two letters followed by ten numbers.
 "Ignitable" means capable of being set afire, or of bursting into flame spontaneously or by interaction with another substance or material.
 "Impoundment" see "Surface impoundment."
For the purposes of chapters 14 and 15, "In gas/vapor service" means that the piece of equipment contains or contacts a hazardous waste stream that is in the gaseous state at the operating conditions.
For the purposes of chapters 14 and 15, "In heavy liquid service" means that the piece of equipment is not in either gas/vapor service or in light liquid service.
For the purposes of chapters 14 and 15, "In light liquid service" means that the piece of equipment contains or contacts a wastestream where the vapor pressure of one or more of the components in the stream is greater than 0.3 kilopascals (kPa) at 20 degrees C, the total concentration of the pure components having a vapor pressure greater than 0.3 kPa at 20 degrees C is equal to or greater than 20 percent by weight, and the fluid is a liquid at the operating conditions.
 "In light liquid service" means that the piece of equipment contains or contacts a waste stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals (kPa) at 20 deg.C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kilopascals (kPa) at 20 deg.C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.
 "In light material service" means the container is used to manage a material for which both of the following conditions apply: The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20 deg.C; and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20 deg.C is equal to or greater than 20 percent by weight.
 "In situ sampling systems" means non-extractive samplers or in-line samplers.
 "In operation" refers to a facility which is transferring, treating, storing or disposing of hazardous waste.
For the purposes of chapters 14 and 15, "In vacuum service" means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.
 "Inactive portion" means that portion of a facility which is not operated after November 19, 1980.
 "Incinerator" means any enclosed device that:
(1) Uses controlled flame combustion and neither meets the criteria for classification as a boiler, sludge dryer, or carbon regeneration unit, nor is listed as an industrial furnace; or
(2) Meets the definition of infrared incinerator or plasma arc incinerator.
 "Incompatible waste" means a hazardous waste which is unsuitable for:
(a) placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or
(b) commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases or flammable fumes or gases. (See Appendix V to chapter 15 of this division for examples.)
 "Independent sample" means an individual sample that has not been affected by previous sampling efforts.
 "Independently audited" refers to an audit performed by an independent certified public accountant in accordance with generally accepted auditing standards.
 "Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.
 "Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:
(a) cement kilns;
(b) lime kilns;
(c) aggregate kilns;
(d) phosphate kilns;
(e) coke ovens;
(f) blast furnaces;
(g) smelting, melting and refining furnaces (including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters and foundry furnaces);
(h) titanium dioxide chloride process oxidation reactors;
(i) methane reforming furnaces;
(j) pulping liquor recovery furnaces;
(k) combustion devices used in the recovery of sulfur values from spent sulfuric acid;
(l) Halogen acid furnaces (HAFs) for the production of acid from halogenated hazardous waste generated by chemical production facilities where the furnace is located on the site of a chemical production facility, the acid product has a halogen acid content of at least 3%, the acid product is used in a manufacturing process, and, except for hazardous waste burned as fuel, hazardous waste fed to the furnace has a minimum halogen content of 20% as-generated.
(m) such other devices as the USEPA Administrator may, after notice and comment, add to the list of "industrial furnaces" in 40 CFR section 260.10 on the basis of one or more of the following factors:
(1) the design and use of the device primarily to accomplish recovery of material products;
(2) the use of the device to burn or reduce raw materials to make a material product;
(3) the use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;
(4) the use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;
(5) the use of the device in common industrial practice to produce a material product; and
(6) other factors, as appropriate.
 "Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
 "Injection well" means any bored, drilled, or driven shaft, dug pit, or hole in the ground whose depth is greater than its largest surface dimension and any associated subsurface appertances, including, but not limited to, the casing.
 "Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.
 "Inorganic metal-bearing waste" is one for which the Department has established treatment standards for metal hazardous constituents, and which does not otherwise contain significant organic or cyanide content as described in section 66268.3(b)(1), and is specifically listed in appendix XI of chapter 18.
 "Interim status" means the authorization granted by the Department or the USEPA which allows a facility to continue to operate pending review and decision of the facility's permit application.
 "Internal floating roof" means a cover that rests or floats on the material surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof.
 "International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.
 "Land disposal" means placement in or on the land, except in a corrective action management unit, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.
 "Land disposal method" means:
(a) disposal of hazardous wastes on or into the land, including, but not limited to, landfill, surface impoundment, waste piles, deep-well injection, land spreading and co-burial with municipal garbage;
(b) treatment of hazardous wastes on or in the land, such as neutralization and evaporation ponds and land farming, where the treatment residues are hazardous wastes and are not removed for subsequent processing or disposal within one year;
(c) storage of hazardous wastes on or in the land, such as waste piles and surface impoundments, other than neutralization and evaporation ponds, for longer than one year.
 "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.
 "Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.
 "Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface so that hazardous constituents are degraded, transformed or immobilized within the treatment zone. Such facilities are disposal facilities if the waste will remain after closure.
 "LCD with a mercury-containing lamp" means a liquid crystal display illuminated by mercury-containing back lighting.
 "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.
 "Leachate collection and removal system/leak detection system (LCRS/LDS)" means the liner system component that immediately underlies the uppermost liner of a waste management unit, and that serves both: (a)  as a leachate collection and removal system (LCRS), by collecting and conveying leachate to a sump for disposal; and (b) as a leak detection system (LDS), by enabling the discharger to determine when the uppermost liner is leaking, by virtue of the leachate flow rate through the uppermost liner's exceeding the action leakage rate.
 "Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.
 "Legal defense costs" means any expenses that an insurer incurs in defending against claims of third parties brought under the terms and conditions of an insurance policy.
 "Liabilities" means probable future sacrifices of economic benefits arising from present obligations to transfer assets or provide services to other entities in the future as a result of past transactions or events.
 "License" includes, but is not limited to any permit, registration or certification issued by any local, State, or Federal agency for the generation, transportation, treatment, storage, recycling, disposal or handling of hazardous waste.
 "Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents or leachate.
 "Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the hazardous waste between the tank wall and the floating roof continuously around the circumference of the tank.
 "Load" means the amount of waste transported by one truck, one railroad car or one barge to a hazardous waste facility.
 "Major facility" means any facility or activity classified as such by the USEPA Regional Administrator in conjunction with the Department.
For the purposes of chapters 14 and 15, "Malfunction" means any sudden failure of a control device or a hazardous waste management unit or failure of a hazardous waste management unit to operate in a normal or usual manner, so that organic emissions are increased.
 "Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
 "Management" or "hazardous waste management" means the handling, storage, transportation, processing, treatment, recovery, recycling, transfer and disposal of hazardous waste.
 "Manifest" means the shipping document DHS 8022A, or the equivalent document required by the state to which the waste will be shipped, which is originated and signed by the generator in accordance with the instructions included in the appendix to chapter 12 of this division. This definition is repealed as of September 5, 2006.
 "Manifest" and "California Uniform Hazardous Waste Manifest" mean the shipping document, the Uniform Hazardous Waste Manifest, EPA Form 8700-22,  (including, if necessary, the Continuation Sheet, EPA Form 8700- 22A), originated and signed by the generator or offeror in accordance with the instructions in the Appendix to chapter 12 of this division and the applicable requirements of chapters 12 through 15 and in the appendix to 40 Code of Federal Regulations part 262 and the applicable requirements of 40 Code of Federal Regulations parts 262 through 265. This definition takes effect on September 5, 2006.
 "Manifest document number" means the unique number assigned to the manifest by the Department for recording and reporting purposes. This definition is repealed as of September 5, 2006.
 "Manifest tracking number" means the alphanumeric identification number (i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source approved by U.S. EPA to print manifests under 40 Code of Federal Regulations section 262. 21(c) and (e). This definition takes effect on September 5, 2006.
 "Maximum credible earthquake" means the maximum earthquake which rationally appears capable of occurring under the presently known tectonic framework and all known geologic and seismologic facts. The following factors and standards shall be applied in determining the maximum credible earthquake:
(a) the seismic history of the vicinity and the geologic province;
(b) the length of the significant fault or faults which can affect the site within a radius of 100 kilometers;
(c) the type(s) of faults involved;
(d) the tectonic and/or structural history;
(e) the tectonic and/or structural pattern or regional setting (geologic framework);
(f) the time factor (known or expected frequency of occurrence) shall not be a parameter.
 "Maximum organic vapor pressure" means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes, etc.) reasonably expected to occur in the tank. For the purpose of chapter 14, and 15, maximum organic vapor pressure is determined using the procedures specified in section 66265.1084(c).
 "Mercury-containing motor vehicle light switch" means any motor vehicle switch found in the hood or trunk of a motor vehicle that contains mercury.
 "Metallic shoe seal" means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.
 "Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.
 "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is transferred, treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace other than industrial furnaces which are conditionally exempted pursuant to subsections (c) or (f) of section 66266.100, underground injection well with appropriate technical standards under article 5.5 commencing with section 25159.10 of chapter 6.5 of division 20 of the Health and Safety Code, containment building, corrective action management unit, or unit eligible for a research, development and demonstration permit under section 66270.65.
 "Monitoring parameter" means one of the set of parameters specified in the facility permit for which monitoring is conducted. Monitoring parameters shall include physical parameters, waste constituents, reaction products, and hazardous constituents, that provide a reliable indication of a release from a regulated unit.
 "Monitoring point" means a well, device or location specified in the facility permit at which the water quality or environmental protection standard applies and at which monitoring is conducted.
 "Movement" means that hazardous waste transported to a facility in an individual vehicle.
 "National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 318, 402, and 405 of the Federal Water Pollution Control Act (33 U.S.C. sections 1317, 1328, 1342 and 1345). The term includes an approved program.
 "Natural resources" includes, but is not limited to, disposal site capacity and substances which are hazardous waste, or which are in hazardous waste, the reuse of which is technologically and economically feasible.
 "Net working capital" means current assets minus current liabilities.
 "Net worth" means total assets minus total liabilities and is equivalent to owner's equity.
 "New facility" see "New hazardous waste management facility."
 "New hazardous waste facility" see "New hazardous waste management facility."
 "New hazardous waste management facility," "new hazardous waste facility," or  "new facility" means a facility which began operation, or for which construction commenced after November 19, 1980.
 "New tank component" see "New tank system."
 "New tank system" or "new tank component" means a tank system or component that will be used for the transfer, storage or treatment of hazardous waste and for which installation (as defined under "Existing tank system" in this section) has commenced after the dates indicated below; except, however, for purposes of sections 66264.193(g) and 66265.193(g), a new tank system is one for which construction commences after the dates indicated below: (See also "Existing tank system.")
(a) July 14, 1986, for tanks containing RCRA hazardous wastes, unless:
(1) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1,000 kg per month generator as defined in 40 CFR section 265.201, or
(2) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1;
(b) July 1, 1991 for:
(1) tanks containing only non-RCRA hazardous wastes, and
(2) tanks containing RCRA hazardous wastes, if:
(A) the owner or operator is a conditionally exempt small quantity generator or a 100 to 1,000 kg per month generator, or
(B) the owner or operator is not subject to regulation in 40 CFR part 264 or part 265 pursuant to an exemption in 40 CFR section 264.1 or section 265.1, but the owner or operator is subject to the standards of article 10 of chapter 14 or article 10 of chapter 15 of this division.
 "No detectable organic emissions" means no escape of organics to the atmosphere as determined using the procedure specified in section 66265.1084(d).
 "Non-RCRA hazardous waste" means all hazardous waste regulated in the State, other than RCRA hazardous waste as defined in this section. A hazardous waste is presumed to be a RCRA hazardous waste, unless it is determined pursuant to section 66261.101 that the hazardous waste is a non-RCRA hazardous waste.
 "Nonsudden accidental occurrence" means an unforeseen and unexpected accident which takes place over time, involves continuous or repeated exposure and results in bodily injury, property damage or environmental degradation.
 "Nonwastewaters" means, for the purposes of chapter 18 of this division, wastes that do not meet the criteria for wastewaters found in the definition of "wastewaters" in this section.
 "Offsite" means any site which is not onsite.
 "Offsite facility" means a hazardous waste facility that is not an onsite facility.
 "Onground tank" means a device meeting the definition of "tank" in this section that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.
 "Onsite" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a crossroads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which that person controls and to which the public does not have access, is also considered onsite property.
 "Onsite facility" or "Onsite hazardous waste facility" means a facility:
(a) at which a hazardous waste is generated and which is owned by, leased to, or under the control of, the generator of the waste; and
(b) which is located on the same or geographically contiguous property, on which the waste is produced, which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Noncontiguous properties owned by the same person but connected by a right-of-way which the person controls and to which the public does not have access, is also considered an onsite facility.
 "Onsite hazardous waste facility" see "Onsite facility."
 "Open burning" means the combustion of any material without the following characteristics:
(a) control of combustion air to maintain adequate temperature for efficient combustion;
(b) containment of the combustion-reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
(c) control of emission of the gaseous combustion products. (See also  "incineration" and "thermal treatment.")
For the purposes of chapters 14 and 15, "Open-ended valve or line" means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous waste and one side open to the atmosphere, either directly or through open piping.
 "Operator" means the person responsible for the overall operation of a facility.
 "Operating life" see "Active life."
 "Owner" means the person who owns a facility or part of a facility.
 "Owner or operator" means the owner or operator of any facility or activity subject to regulation under chapter 6.5 commencing with section 25100, division 20, Health and Safety Code.
 "P-value" means the smallest significance level for which the null hypothesis would be rejected based on the data that was actually observed.
 "Parent corporation" means a corporation which directly owns at least 50 percent of the voting stock of the corporation which is the facility owner or operator; the latter corporation is deemed a "subsidiary" of the parent corporation.
 "Part A of Permit Application" or "Part A" means an application to the Department or the USEPA for a permit to operate a hazardous waste facility. The application is described in section 66270.13.
 "Part B of Permit Application" or "Part B" means the operation plan described in sections 66270.14 through 66270.23 for a hazardous waste facility.
 "Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of chapters 14 and 15 of this division at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile or other hazardous waste management unit, while other units of the same facility continue to operate or will be placed in operation in the future.
 "PCBs" see "Polychlorinated biphenyls."
 "Permanent household hazardous waste collection facility" or "PHHWCF" means a facility operated by a public agency or its contractor which:
(a) is operated in accordance with section 67450.25; and
(b) is permanently sited at a location.
 "Permit" see "Hazardous waste facility permit."
 "Permit-by-rule" means a provision of these regulations stating that a facility or activity is deemed to have a permit if it meets the requirements of the provision.
 "Permitted facility" means a facility that has received a hazardous waste facility permit from the Department or the USEPA in accordance with section 25200 of the Health and Safety Code or RCRA.
 "Persistent toxic substance" means a toxic substance that resists natural degradation or detoxification.
 "Person" means an individual, trust, firm, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association. "Person" also includes any city, county, district, commission, the State or any department, agency or political subdivision thereof, any interstate body, and the Federal Government or any department or agency thereof to the extent permitted by law.
 "Personnel" or "facility personnel" means all persons who work, at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of this division.
 "Physical parameter" means any measurable physical characteristic of a substance including, but not limited to, temperature, electrical conductivity, pH and specific gravity.
 "Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare a facility to accept hazardous waste.
 "Pile" or "waste pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.
 "Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.
 "Point of compliance" means a vertical surface located at the hydraulically downgradient limit, of a regulated unit, that extends through the uppermost aquifer.
 "Point of waste origination" means as follows:
(1) When the facility owner or operator is the generator of the hazardous waste, the point of waste origination means the point where a solid waste produced by a system, process, or waste management unit is determined to be a hazardous waste as defined in this division. [NOTE: In this case, this term is being used in a manner similar to the use of the term "point of generation" in air standards established for waste management operations under authority of the Clean Air Act in 40 CFR parts 60, 61 and 63.]
(2) When the facility owner and operator are not the generator of the hazardous waste, point of waste origination means the point where the owner or operator accepts delivery or takes possession of the hazardous waste.
 "Point of waste treatment" means the point where a hazardous waste to be treated in accordance with section 66265.1083(c)(2) exits the treatment process. Any waste determination shall be made before the waste is conveyed, handled, or otherwise managed in a manner that allows the waste to volatilize to the atmosphere.
 "Point source" means any discernible, confined and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.
 "Polychlorinated biphenyls" or "PCBs" are halogenated organic compounds defined in accordance with 40 CFR 761.3.
 "Postclosure plan" means the plan for postclosure care prepared in accordance with chapter 14 or chapter 15 of this division.
 "POTW" see "Publicly owned treatment works."
For the purposes of chapters 14 and 15, "Pressure release" means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.
 "Primary Exporter" means any person who is required to originate the manifest for a shipment of hazardous waste in accordance with article 2 of chapter 12 of this division, which specifies a treatment, storage or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.
For the purposes of chapters 14 and 15, "Process heater" means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.
For the purposes of chapters 14 and 15,  "Process vent" means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous waste distillation, franctionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.
 "Processing" means treatment.
 "Producer" see "Generator."
 "Property Damage" means (a) an injury to property which deprives its owner of the benefit of the property by taking, withholding, deteriorating or destroying it.
(b) For the purposes of chapter 13, "property damage" means damage to or loss of tangible property.
 "Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by a "State" or "municipality" (as defined by 33 U.S.C. section 1362). This definition includes sewers, pipes or other conveyances only if they convey wastewater to a POTW providing treatment.
 "R chart" (Range chart) means a control chart for evaluating the variability within a process in terms of the subgroup range R.
 "RCRA Characteristic" means the characteristic of ignitability, corrosivity, reactivity, or toxicity identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) of this division.
 "RCRA Characteristic Hazardous Waste" or "RCRA Characteristic Waste" means a hazardous waste that exhibits any of the RCRA characteristics.
 "RCRA hazardous waste" means all waste identified as a hazardous waste in  Part 261 (commencing with section 261.1) of subchapter I of chapter 1 of Title 40 of the Code of Federal Regulations and appendices thereto.
 "RCRA Hazardous Waste Facility Permit" or "RCRA Permit" means any hazardous waste facility permit for a facility which would be required to have a permit under 42 U.S.C. section 6925, if California's hazardous waste program were not authorized pursuant to 42 U.S.C. section 6926.
 "RCRA Permit" See "RCRA Hazardous Waste Facility Permit"
 "Reactive" means having properties of explosivity or of chemical activity which can be a hazard to human health or the environment.
 "Receiving country" means a foreign country to which a hazardous waste is sent for the purpose of treatment, storage or disposal (except short-term storage incidental to transportation).
 "Reclaimed" means that a material is processed to recover a usable product, or that it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.
 "Recyclable material" means a hazardous waste that is capable of being recycled, including, but not limited to, any of the following:
(a) a residue;
(b) a spent material, including, but not limited to, a used or spent stripping or plating solution or etchant;
(c) a material that is contaminated to such an extent that it can no longer be used for the purpose for which it was originally purchased or manufactured;
(d) a byproduct listed in section 66261.31 or section 66261.32;
(e) any retrograde material that has not been used, distributed or reclaimed through treatment by the original manufacturer or owner by the later of the following dates:
(1) one year after the date when the material became a retrograde material;
(2) if the material has been returned to the original manufacturer, one year after the material is returned to the original manufacturer.
 "Recycled material" means a material which is used or reused or reclaimed.
 "Regional Administrator" or "USEPA Regional Administrator" means the Regional Administrator for the EPA Region in which the facility is located, or that person's designee.
 "Registered hazardous waste transporter" means a transporter registered with the Department to transport hazardous wastes.
 "Regulated Unit" means:
(a) a permitted hazardous waste facility, which operates or operated:
(1) any surface impoundment, waste pile, land treatment unit or landfill that receives or has received hazardous waste after July 26, 1982; or
(2) any surface impoundment, waste pile, land treatment unit, or landfill that ceased receiving hazardous waste by July 26, 1982 which is required to comply with the requirements of article 6 of chapter 14 of this division pursuant to section 66264.90(a);
(b) an interim status hazardous waste facility which operates or operated:
(1) any surface impoundment, waste pile, land treatment unit, or landfill that receives or has received hazardous waste after November 19, 1980; or
(2) any surface impoundment, waste pile, land treatment unit, or landfill that ceased receiving hazardous waste by November 19, 1980 which is required to comply with the requirements of article 6 of chapter 15 of this division pursuant to section 66265.90(a).
 "Release" means:
(a) Any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.
(b) "Release" does not include any of the following:
(1) Any release which results in exposure to persons solely within a workplace, with respect to a claim such exposed persons may assert against their employer.
(2) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine.
(3) Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954 (42 U.S.C. 2011, et seq.), if such release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 2210 of Title 42 of the United States Code or, for the purposes of section 104 of the federal act (42 U.S.C. 9604) or any other response action, any release of source byproduct, or special nuclear material from any processing site designated under section 7912(a)(1) or 7942(a) of Title 42 of the United States Code, which sections are a part of the Uranium Mill Tailings Radiation Control Act of 1978.
(d) The normal application of fertilizer, plant growth regulants and pesticides.
For the purposes of chapters 14 and 15, "Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak.
 "Remediation waste" means all solid and hazardous wastes, hazardous substances, and all media (including groundwater, surface water, soils, and sediments) and debris, that are managed for the purpose of implementing corrective action requirements under articles 6, 15.5, or 17 of chapter 14 or article 18 of chapter 15 of this division, Health and Safety Code sections 25200.10 or 25187, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925]. For a given facility, remediation wastes may originate only from within the facility boundary, but may include waste managed in implementing Health and Safety Code Sections 25200.10 or 25187, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925] or 3004(v) [Title 42, U.S.C., section 6924(v)] for releases beyond the facility boundary.
 "Replacement unit" means a landfill, surface impoundment, or waste pile unit  (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to transfer, treat, store, or dispose of hazardous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or State approved corrective action.
 "Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.
 "Residuals Repository" means a hazardous waste facility or part of a facility that is permitted to accept for land disposal only non-liquid, treated hazardous waste (as defined in Section 25179.3(1), Health and Safety Code). Non-liquid means non-liquid and containing less than 50 percent moisture by weight as determined in accordance with Section 66265.317 of this Division.
 "Resource recovery facility" means an authorized offsite hazardous waste facility whose principal method of hazardous waste management is the recycling of recyclable material pursuant to Health and Safety Code section 25201(a).
 "Restricted hazardous waste" means any hazardous waste which is subject to land disposal restriction pursuant to Health and Safety Code section 25179.6 or chapter 18 of this division.
 "Retrograde material" means any hazardous material which is not to be used, sold or distributed for use in an originally intended or prescribed manner or for an originally intended or prescribed purpose and which meets any one or more of the following criteria:
(a)(1) has undergone chemical, biochemical, physical or other changes due to the passage of time or the environmental conditions under which it was stored;
(2) has exceeded a specified or recommended shelf life;
(3) is banned by law, regulation, ordinance or decree;
(4) cannot be used for reasons of economics, health or safety or environmental hazard.
(b) "Retrograde material" does not include material listed in section 66261.33 if either of the following conditions is met:
(1) the material is used in a manner constituting disposal and the material is not normally used in a manner constituting disposal;
(2) the material is burned for energy recovery and the material is not normally burned for energy recovery.
 "Run-off" means any rainwater, leachate or other liquid that drains over land from any part of a facility.
 "Run-on" means any rainwater, leachate or other liquid that drains over land onto any part of a facility.
 "Safety device" means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of chapters 14 and 15, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the owner or operator based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.
For the purposes of chapters 14 and 15, "Sampling connection system" means an assembly of equipment within a process or waste management unit used during periods of representative operation to take samples of the process or waste fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.
 "Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.
 "Schedule of compliance" means a schedule of remedial measures included in a permit or order, including an enforceable sequence of interim requirements (for example, actions, operations or milestone events) leading to compliance with applicable law.
 "Scrap metal" means (a) any one or more of the following, except as provided in subsection (b) of this section:
(1) manufactured, solid metal objects and products;
(2) metal workings, including cuttings, trimmings, stampings, grindings, shavings and sandings; or
(3) solid metal residues of metal production.
(b) "Scrap metal" excludes all of the following:
(1) lead-acid storage batteries, waste elemental mercury, and water-reactive metals such as sodium, potassium and lithium;
(2) magnesium borings, trimmings, grindings, shavings and sandings and any other forms capable of producing independent combustion;
(3) beryllium borings, trimmings, grindings, shavings, sandings and any other forms capable of producing adverse health effects or environmental harm in the opinion of the Department;
(4) any metal contaminated with a hazardous waste, such that the contaminated metal exhibits any characteristic of a hazardous waste under article 3 of chapter 11 of this division;
(5) any metal contaminated with an oil that is a hazardous waste and that is free-flowing;
(6) sludges, fine powders, semi-solids and liquid solutions that are hazardous wastes.
 "Semitrailer" means a vehicle designed for carrying persons, property or waste, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
For the purposes of chapters 14 and 15, "Sensor" means a device that measures a physical quantity or that change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.
For the purposes of chapters 14 and 15, "Separator tank" means a device used for separation of two immiscible liquids.
 "Single-seal system" means a floating roof having one continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.
 "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.
 "Sludge" means any solid, semi-solid or liquid waste generated from a municipal, commercial or industrial wastewater treatment plant, water supply treatment plant or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
 "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.
 "Small quantity commercial source" means a business which generates less than 100 kilograms of household waste, as defined in paragraph (1) of subdivision (b) of Section 261.4 of Title 40 of the Code of Federal Regulations, or which meets the criteria for conditionally exempt small quantity generators specified in Section 261.5 of Title 40 of the Code of Federal Regulations, or, if the hazardous waste is perchlorethylene, a business which generates less than 50 kilograms of hazardous waste per month and meets the criteria set forth in Sections 261.4 or 261.5 of Title 40 of the Code of Federal Regulations.
 "Small quantity generator" means a generator who generates less than 1,000 kg of hazardous waste in a calendar month.
 "Soil" means unconsolidated earth material composing the superficial geologic strata (material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as classified by the U.S. Natural Resources Conservation Service, or a mixture of such materials with liquids, sludges or solids which is inseparable by simple mechanical removal processes and is made up primarily of soil by volume based on visual inspection. Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment classification (i.e., from waste to contaminated soil) is not allowed under the dilution prohibition in section 66268.3 of this division.
 "Soil-pore liquid" means the liquid contained in openings between particles of soil in the unsaturated zone.
 "Solid Waste Management Unit" means any unit at a hazardous waste facility from which hazardous constituents might migrate, irrespective of whether the units were intended for the management of wastes, including but not limited to: containers, tanks, surface impoundments, waste piles, land treatment units, landfills, incinerators and underground injection wells.
 "Soluble threshold limit concentration" or "STLC" means the concentration of a solubilized and extractable bioaccumulative or persistent toxic substance which, if equaled or exceeded in a waste or waste extract determined pursuant to Appendix II of chapter 11 of this division renders the waste hazardous.
 "Sorb" means to either adsorb or absorb, or both.
 "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both. See also "Sorb".
 "Special waste" means a waste which is a hazardous waste only because it contains an inorganic substance or substances which cause it to pose a chronic toxicity hazard to human health or the environment and which meets all of the criteria and requirements of section 66261.122 and has been classified a special waste pursuant to section 66261.124.
 "Spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.
For the purposes of chapters 14 and 15, "Start-up" means the setting in operation of a hazardous waste management unit or control device for any purpose.
 "State/EPA Agreement" means an agreement between the Regional Administrator and the Department which coordinates EPA and State activities, responsibilities and programs.
 "Steam stripping operation" means a distillation operation in which vaporization of the volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge.
 "STLC" see "Soluble threshold limiting concentration."
 "Storage" means the holding of hazardous waste for a temporary period, at the end of which the hazardous waste is treated, disposed of or stored elsewhere.
 "Sudden accidental occurrence" means an unforeseen and unexpected accident which is not continuous or repeated in nature and results in bodily injury, property damage or environmental degradation.
 "Substantial business relationship" means the extent of a business relationship necessary under applicable State law to make a guarantee contract issued incident to that relationship valid and enforceable. A "substantial business relationship" must arise from a pattern of recent or ongoing business transactions, in addition the guarantee itself, such that a currently existing business relationship between the guarantor and the owner or operator is demonstrated to the satisfaction of the Department.
 "Sump" means any pit or reservoir that meets the definition of tank and those troughs/trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities; except that as used in the landfill, surface impoundment, and waste pile rules, "sump" means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for subsequent removal from the system.
 "Surface impoundment" or "impoundment" means a facility or part of a facility which is a natural topographic depression, man-made excavation or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds and lagoons.
 "Surge control tank" means a pipe or storage reservoir sufficient in capacity to contain the surging liquid discharge of the process tank to which it is connected.
 "Surplus material" means an unused raw material or commercial product obtained by a person who intended to use or sell it, but who no longer needs it, and who transfers ownership of it to another person for use in a manner for which the material or product is commonly used. Surplus material is excess material. Surplus material is neither of the following:
(a) a retrograde material as defined in this section;
(b) a recyclable material as defined in this section.
 "Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets would not include intangibles such as goodwill and rights to patents or royalties.
 "Tank" means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.
 "Tank system" means a hazardous waste transfer, storage or treatment tank and its associated ancillary equipment and containment system.
 "Temporary household hazardous waste collection facility" or "THHWCF" means a facility operated by a public agency which:
(a) is operated in accordance with section 66270.1(c)(1)(F);
(b) is operated at the same location no more than 12 times per calendar year and no more than once in any calendar month at the same location; and
(c) terminates operation within two days of commencing each session.
 "Terminate" means to accept the last delivery of waste.
 "Thermal treatment" means the treatment of hazardous waste in a device which uses elevated temperatures as the primary means to change the chemical, physical, or biological character or composition of the hazardous waste. Examples of thermal treatment processes are incineration, molten salt, pyrolysis, calcination, wet air oxidation and microwave discharge. (See also "incinerator" and "open burning.")
 "The State" means the State of California.
 "Thin-film evaporation operation" means a distillation operation that employs a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.
 "Total threshold limit concentration" or "TTLC" means the concentration of a solubilized, extractable and nonextractable bioaccumulative or persistent toxic substance which, if equaled or exceeded in a waste, renders the waste hazardous.
 "Totally enclosed treatment facility" means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.
 "Toxic waste" means a hazardous waste designated as a toxic waste by the USEPA Administrator pursuant to 40 CFR section 261.11.
 "Trailer" means a vehicle designed for carrying persons, property or waste on its own structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle.
 "Transfer" means the loading, unloading, pumping or packaging of hazardous waste. Transfer does not include loading, unloading, pumping or packaging of hazardous waste on the site where the hazardous waste was generated.
 "Transfer facility" or "transfer station" means any transportation related facility including loading docks, parking areas, storage areas and other similar areas where shipments of hazardous waste are held and/or transferred during the normal course of transportation.
 "Transfer station" see "Transfer facility."
 "Transit country" means any foreign country, other than a receiving country, through which a hazardous waste is transported.
 "Transport vehicle" means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.
 "Transportable Treatment Unit" means any mobile equipment which performs a  "treatment" as defined in this section and which is transported onto a facility to perform treatment and which is not permanently stationed at a single facility.
 "Transportation" means the movement of hazardous waste by air, rail, highway or water.
 "Transporter" means a person engaged in the offsite transportation of hazardous waste by air, rail, highway or water.
 "Treatability study" means either of the following, but does not include the commercial treatment or disposal of hazardous waste:
(a) The application of a treatment process to a representative sample of hazardous waste to determine any of the following:
(1) Whether the hazardous waste can be effectively treated by the treatment process employed in the treatability study.
(2) What pretreatment, if any, is required.
(3) The optimal conditions and processing techniques required to achieve the desired treatment.
(4) The efficiency of a treatment process for a specific hazardous waste or wastes.
(5) The characteristics and volumes of residual from a particular treatment process.
(b) Liner compatibility, corrosion, or other material compatibility studies.
 "Treatability study sample" means a small quantity of hazardous waste, of no more than 400 kilograms (kg), which will be subject to a treatability study.
 "Treatment" means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or removes or reduces its harmful properties or characteristics for any purpose including, but not limited to, energy recovery, material recovery or reduction in volume.
 "Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous constituents and constituents of concern are degraded, transformed or immobilized. A treatment zone may not extend more than five feet below the initial surface and the base of the treatment zone shall be a minimum of five feet above the highest anticipated elevation of underlying groundwater.
 "Truck" means a motor vehicle, excluding truck tractor, designed, used or maintained primarily for the transportation of property or waste.
 "TTLC" see "Total threshold limiting concentration."
 "Underground injection" means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also "injection well.")
 "Underground source of drinking water" or "USDW" means an aquifer or its portion:
(a)(1) which supplies any public water system; or
(2) which contains a sufficient quantity of ground water to supply a public water system; and
(A) currently supplies drinking water for human consumption; or
(B) contains fewer than 10,000 mg/l total dissolved solids; and
(b) which is not an exempted aquifer.
 "Underground tank" means a device meeting the definition of "tank" in this section which is substantially or totally beneath the surface of the ground.
 "Underlying hazardous constituent" means any constituent listed in section 66268.48, Table UTS -Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.
 "Unfit-for-use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of transferring, storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.
 "Unit" means a tank, a container, or a combination of tanks or tank systems and/or containers located together that are used in sequence to treat or accumulate one or more compatible hazardous wastestreams. The devices are either plumbed together or otherwise linked so as to form one system. This definition only applies to Conditional Exemption, Conditional Authorization, and Permit By Rule operations.
 "Unsaturated zone," "Vadose zone," or "zone of aeration" means the zone between the land surface and the water table.
 "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa and the commonwealth of the Northern Mariana Islands.
 "Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer.
 "Used oil re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.
 "Used or reused" means that a material is either:
(a) employed as an ingredient, including use as an intermediate, in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or
(b) employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
 "USEPA Administrator" or "Administrator" means the Administrator of the federal Environmental Protection Agency, or the Administrator's designee.
 "USEPA Regional Administrator" see "Regional Administrator."
 "Vacuum tank" means a cargo tank which has the capability of being subjected to a vacuum or a pressure for purposes of loading and unloading its contents.
 "Vadose zone" see "Unsaturated zone."
 "Vapor incinerator" means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat.
 "Vapor-mounted seal" means a continuous seal that is mounted such that there is a vapor space between the hazardous waste in the unit and the bottom of the seal.
 "Variance" means a deviation from a provision of this division and chapter 6.5 of the Health and Safety Code authorized pursuant to section 66260.210 or Health and Safety Code section 25143.
 "Vehicle" means a device by which any person or property, including waste, may be propelled, moved or drawn, excepting a device moved exclusively by human power.  "Vehicle" also means a device by which any person or property, including waste, may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
 "Vented" means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading (working losses) or by natural means such as diurnal temperature changes.
 "Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water.
 "Volatile organic compound" means a compound which is a volatile organic compound according to Method No. 8240 in the Environmental Protection Agency Document No. Sw 846 (1982) or any equivalent, alternative method acceptable to the Department.
 "Volatile organic concentration" or "VO concentration" means the fraction by weight of the volatile organic compounds contained in a hazardous waste expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the waste in accordance with the requirements of section 66265.1084. For the purpose of determining the VO concentration of a hazardous waste, organic compounds with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/X) (which can also be expressed as 1.8 x 10 [FN-6]  atmospheres/gram-mole/m [FN3]) at 25 degrees Celsius must be included. Appendix VI of chapter 15, article 30 presents a list of compounds known to have a Henry's law constant value less than the cutoff level.
 "Waste" means waste as defined in section 66261.2.
 "Waste constituent" means a constituent that is reasonably expected to be in or derived from waste contained in a regulated unit.
 "Waste determination" means performing all applicable procedures in accordance with the requirements of section 66265.1084 to determine whether a hazardous waste meets standards +specified in chapters 14 and 15. Examples of a waste determination include performing the procedures in accordance with the requirements of section 66265.1084 to determine the average VO concentration of a hazardous waste at the point of waste origination; the average VO concentration of a hazardous waste at the point of waste treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous waste; the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous waste and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous waste in a tank and comparing the results to the applicable standards.
 "Waste pile" see "Pile."
 "Waste stabilization process" means any physical or chemical process used to either reduce the mobility of hazardous constituents in a hazardous waste or eliminate free liquids as determined by Test Method 9095 (Paint Filter Liquids Test) in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992 (incorporated by reference-refer to section 66260.11). A waste stabilization process includes mixing the hazardous waste with binders or other materials, and curing the resulting hazardous waste and binder mixture. Other synonymous terms used to refer to this process are "waste fixation" or "waste solidification." This does not include the adding of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent curing, to absorb free liquid.
 "Wastewaters" means, for the purposes of chapter 18 of this division, wastes that contain less than one percent by weight total organic carbon (TOC) and less than one percent by weight total suspended solids (TSS).
 "Wastewater treatment unit" means a device which:
(a) is part of a wastewater treatment facility which is subject to regulation under either section 402 (33 U.S.C. section 1317) or 307(b) (33 U.S.C. section 1342) of the Federal Clean Water Act; and
(b) receives and treats or stores an influent wastewater which is a hazardous waste as defined in chapter 11 of this division, or that generates and accumulates a wastewater treatment sludge which is a hazardous waste as defined in chapter 11 of this division, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in chapter 11 of this division; and
(c) meets the definition of tank or tank system in this section.
 "Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.
 "Water reactive" means having properties of, when contacted by water, reacting violently, generating extreme heat, burning, exploding or rapidly reacting to produce an ignitable, toxic or corrosive mist, vapor or gas.
 "Well" means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.
 "Well injection": (See "underground injection.")
 "X-bar chart" means a control chart for evaluating the process level or subgroup differences in terms of the subgroup average.
 "Zone of aeration" see "Unsaturated zone."
 "Zone of engineering control" means an area under the control of the owner or operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.
 "Zone of saturation" see "Saturated zone."
 
  Note: Authority cited: Sections 25141, 25150, 25158.1, 25158.4,  25159, 25159.5, 25187.7, 25200.10, 25204, 25214.9, 25214.10.2, 25218.3(d), 25316, 25355.5, 25356.9, 25358.3, 25358.9 and 58012, Health and Safety Code; Governor's Reorganizational Plan #1 of 1991; and  Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25110.02, 25110.1, 25110.5, 25111, 25112, 25112.5, 25113, 25114, 25115, 25117, 25117.1, 25117.3, 25117.8, 25117.9,  25117.11, 25118, 25119, 25120, 25121, 25121.5, 25122.7, 25123, 25123.3, 25123.5, 25123.6, 25141, 25150, 25158.2, 25159, 25159.5, 25187.7, 25200.10, 25201.6, 25204, 25214.9, 25218.1(f), 25218.3, 25229, 25316, 25354(b), 25355.5, 25355.6, 25356.9, 25358.1, 25358.9, 25359.8, 25361, 25501, 25529 and 58012, Health and Safety Code; Section 42463(f)(1), Public Resources Code; and 40 Code of Federal Regulations Sections 260.10, 261.1, 262.21, 264.551, 264.1031, 268.2, 270.2 and 273.6. 
  
 
 



s 66260.11. References.
 (a) When used in this division, the following publications are incorporated by reference:
(1) "ANALYSIS OF Pesticides in Humans and Environmental Samples," EPA-600/8-80- 038, U.S. Environmental Protection Agency, June 1980. This reference is available from the National Technical Information Service; United States Department of Commerce; Springfield, VA 22161, (703) 487-4650;
(2) "ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester," ASTM Standard D-3278-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(3) "ASTM Standard Guide for Investigating and Sampling Soil and Rock," ASTM Standard D-420-87, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
(4) "ASTM Standard Method of Collection and Preparation of Coke Samples for Laboratory Analysis," ASTM Standard D-346-78, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(5) "ASTM Standard Method of Collection of a Gross Sample of Coal," ASTM Standard D-2234-82, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(6) "ASTM Standard Practice for Soil Investigation and Sampling by Auger Boring," ASTM Standard D-1452-80, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(7) "ASTM Standard Practice for Sampling Bituminous Materials," ASTM Standard D-140-88, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(8) "ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester," ASTM Standard D-93-79 or D-93-80. D-93-80 is available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103;
(9) "Fire Protection Guide on Hazardous Materials" (1977) is available from National Fire Protection Association, Battery March Park, Quinch, MA 02269 (800) 344-3555;
(10) "Fire Protection Guide on Hazardous Materials" (1984) is available from National Fire Protection Association, Battery March Park, Quinch, MA 02269 (800) 344-3555;
(11) "Flammable and Combustible Liquids Code" (1981), available from the National Fire Protection Association, 470 Atlantic Avenue, Boston, MA 02210;
(12) "Geotechnical Branch Training Manual Nos. 4, 5 and 6," published by the United States Bureau of Reclamation, January 1986. These manuals are available from: Bureau of Reclamation Engineering and Research Center; Attention: D-7923.A; P.O. Box 25007; Denver, Colorado 80255;
(13) "Interim Method of the Determination of Asbestos in Bulk Insulation Samples," 40 CFR Part 763, Subpart F, Appendix A, published July 1, 1989. A bound version of 40 CFR is available from the Superintendent of Documents; United States Government Printing Office, Washington, DC 20402, (202) 783-3238;
(14) "Methods for Chemical Analysis of Water and Wastes," EPA-600/4-79-020, U.S. Environmental Protection Agency, 1979. This reference is available from the Superintendent of Documents; United States Government Printing Office; Washington, DC 20402, (202) 783-3238;
(15) "Standard Methods for the Examination of Water and Wastewater," 14th Edition, available from the American Public Health Association, 1015 Eighteenth Street NW, Washington, DC 20036.
(16) "Standard Methods for the Examination of Water and Wastewater," 16th Edition, available from the American Public Health Association, 1015 Eighteenth Street NW, Washington, DC 20036.
(17) "Static Acute Bioassay Procedures for Hazardous Waste Samples," California Department of Fish and Game, Water Pollution Control Laboratory, November 1988. This reference is available from the California Department of Fish and Game, Water Pollution Control Laboratory, 2005 Nimbus Road, Rancho Cordova, CA 95670;
(18) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 [Second Edition, 1982 as amended by Update I (April, 1984), and Update II (April, 1985)];
(19) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 [Third Edition (November, 1986), as amended by Updates I (July 1992), II (September, 1994), IIA (August, 1993), IIB (January, 1995), and III (December 1996)]. The Third Edition of SW-846 and Updates I, II, IIA, IIB, and III (document number 955-001-00000-1) are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512- 1800. Copies of The Third Edition and its updates are also available from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 487-4650. The documents are ordered separately as follows:
SW-846 (Third Edition): Order No. PB 88-239223
Update I: Order No. PB 94-170313
Update II and IIA: Order No. PB 95-187225
Update IIB: Order No. PB 95-234480
Update III: Order No. PB 97-156137
CD-ROM, single user: Order No. PB 95-503249
 LAN, 2-5 users: Order No. PB 95-504171
Copies may be inspected at the Library, United States Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460.
(20) "Title 40, Code of Federal Regulations," (40 CFR), revised as of July 1, 1990. A bound version of 40 CFR is available from the Superintendent of Documents; United States Government Printing Office, Washington, DC 20402, (202) 783-3238.
(21) "Uncontrolled Hazardous Waste Site Ranking System, A User's Manual"  (1982), MTR-82W111, is available from the Mitre Corporation, 7525 Colshire Drive McClean, VA 22102-3481, (703) 883-6000.
(22) "ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography," ASTM Standard D 1946-82, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(23) "ASTM Standard Test for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method)," ASTM Standard D 2382-83, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(24) "ASTM Standard Practice for General Techniques of Ultraviolet Visible Quantitative Analysis," ASTM Standard E 169-87, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(25) "ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis," ASTM Standard E 168-88, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(26) "ASTM Standard Practices for Packed Column Gas Chromatography," ASTM Standard E 260-85, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(27) "ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography," ASTM Standard E 2267-88, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(28) "ASTM Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteriscope," ASTM Standard D 2879-86, available from American Society for Testing and Materials, 1916 Race street, Philadelphia, PA 19103.
(29) APTI Course 415: Control of Gaseous Emissions, EPA Publication EPA-450/2- 81-005, December 1981, available from National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.
(30) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised", October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research Triangle Park, NC.
(31) American Petroleum Institute, Recommended Practice for the Closure of Underground Petroleum Storage Tanks, API Publication 1604, Third Edition, March 1996, available from the American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005;
(32) American Petroleum Institute, Safe Entry and Cleaning of Petroleum Storage Tanks, API Publication 2015, May 1994, available from the American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005;
(33) National Fire Protection Association, Standard Procedures for Cleaning or Safeguarding Small Tanks and Containers Without Entry, NFPA 327, 1993 Edition, available from the National Fire Protection Association, Battery March Park, Quinch, MA 02269 (800) 344-3555;
(34) "ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals," ASTM Standard E926-94, Test Method C-Bomb, Acid Digestion Method, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(35) ASTM Method G21-90-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(36) ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria, available from American Society for Testing Materials, 1916 Race Street, Philadelphia, PA 19103.
(37) OECD test 301B: (CO 2  Evolution (Modified Strum Test))
(b) The references listed in subsection (a) of this section are also available for inspection at the Department of Health Services, Toxic Substances Control Program, Technical Reference Library, 400 P Street, Sacramento, CA 94234-7320.
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25141, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 260.11. 
  
 



s 66260.12. Acronyms and Abbreviations.
As used in this division, the following acronyms and abbreviations have the specified meaning:
 "ASTM"      means American Society for Testing and Materials;
 "C"         means hazard code for corrosive waste and the potential hazardous
               property of being corrosive;
 "CCR"       means California Code of Regulations;
 "CEQA"      means the California Environmental Quality Act (Division 13
               (commencing with section 21000) of the Public Resources Code);
 "CERCLA"    means Comprehensive Environmental Response, Compensation, and
               Liability Act of 1980, as amended. (42 U.S.C. section 9610 et
               seq.);
 "CFR"       means Code of Federal Regulations;
 "CUPA"      means the "certified unified program agency" as defined in section
               66260.10
 "CWA"       means Clean Water Act of 1977, as amended (33 U.S.C. section 1251
               et seq.);
 "DOT"       means Department of Transportation, Federal;
 "EP         means a toxicity characteristic determined pursuant to EPA Method
  Toxicity"    1310 from SW-846, Test Methods for Evaluating Solid Waste,
               Physical/Chemical Methods, 2nd or 3rd Edition (Incorporated by
               reference in section 66260.11 of this Division);
 "FFDCA"     means the Federal Food, Drug, and Cosmetic Act (21 U.S.C. section
               301-392).
 "FIA"       means Federal Insurance Administration;
 "FR"        means Federal Register;
 "H"         means hazard code for Acute Hazardous Waste;
 "HSC"       means Health and Safety Code;
 "HWCA"      means Hazardous Waste Control Act (chapter 6.5 (commencing with
               section 25100) of division 20 of the Health and Safety Code);
 "I"         means hazard code for ignitable waste and the potential hazardous
               property of being ignitable;
 "Kg"        means the unit of measure, kilogram;
 "NACE"      means National Association of Corrosion Engineers;
 "NPDES"     means National Pollutant Discharge Elimination System;
 "POHC"      means Principal Organic Hazardous Constituent;
 "POTW"      means Publicly Owned Treatment Works;
 "R"         means hazard code for reactive waste and the potential hazardous
               property of being reactive;
 "RCRA"      means Resource Conservation and Recovery Act of 1976, as amended
               (42 U.S.C. section 6901 et seq.);
 "SAE"       means Society of Automotive Engineers;
 "SAE        means a grade or type of steel;
  steel"
 "SDWA"      means Safe Drinking Water Act of 1976, as amended (42 U.S.C.
               section 300 f et seq.);
SIC"         means Standard Industrial Classification;
 "SQG"       means Small Quantity Generator;
 "STLC"      means Soluble Threshold Limit Concentration;
 "SW-846"    means "Test Methods for Evaluating Solid Waste, Physical/Chemical
               Methods";
 "SWMU"      means Solid Waste Management Unit;
 "T"         means hazard code for Toxic Waste with a constituent or
               constituents listed in Appendix VIII of chapter 11;
 "TC"        means Toxicity Characteristic;
 "TCLP"      means Toxicity Characteristics Leaching Procedure;
 "TTLC"      means Total Threshold Limit Concentration;
 "TTU"       means Transportable Treatment Unit;
 "UIC"       means Underground Injection Control;
 "U.S.C."    means United States Code;
 "USDW"      means Underground Source of Drinking Water;
 "USEPA"     means United States Environmental Protection Agency;
 "WET"       means Waste Extraction Test;
 "X"         means the potential hazardous property of being toxic by any of
               the parameters in section 66261.24;
 
 
  Note: Authority cited: Sections 25141, 25150, 25159, 25201.4 and  58012, Health and Safety Code. Reference: Sections 25141, 25159, 25201.4, 25404 and 25404.3, Health and Safety Code. 
  
 



s 66260.21. Petitions for Equivalent Testing or Analytical Methods.
 (a) The Department shall only grant a variance from the provisions of this chapter to allow use of a test method or analytical method alternative to that prescribed in chapter 11 of this division for use in classifying a specific non-RCRA hazardous waste or a RCRA hazardous waste if the proposed testing or analytical method has been added to 40 CFR Parts 261, 264, or 265 per 40 CFR section 260.21. For the variance to be granted, the applicant must show to the satisfaction of the Department that the proposed alternative test method or analytical method is equal or superior to the appropriate corresponding method in chapter 11 of this division, when applied to the specific waste with respect to accuracy, precision, sensitivity and stringency.
(b) An application for a variance pursuant to section 66260.21(a) shall include all of the following:
(1) the name and address of the generator of the waste and where the waste is located;
(2) a complete description of the waste, including its composition and source or process of generation;
(3) a complete description of the proposed alternative test method or analytical method, including all equipment and procedural steps used;
(4) a comparison of results obtained from a statistically significant number of replicate trials with the proposed alternative test method or analytical method with those results obtained from use of the appropriate corresponding method prescribed in chapter 11 of this division when both methods are applied simultaneously to the applicant's waste;
(5) an assessment of any factors which might interfere with or limit the applicability of the proposed test method or analytical method;
(6) a description of the quality control and quality assurance procedures to be followed to ensure the accuracy, precision, sensitivity and stringency of the proposed test method or analytical method.
(c) The Department shall, within 60 days after receipt of an application for a variance pursuant to section 66260.21(a), notify the applicant that the application is complete and accepted for processing by the Department or that the application is incomplete and what further information is required.
(d) The Department shall, within 180 days of receipt of a complete application for a variance pursuant to section 66260.21(a), notify the applicant that the request for a variance is granted or denied.
(e) If the variance requested pursuant to section 66260.21(a) is denied, the Department shall provide to the applicant in writing the reason for the denial.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25141, 25143 and 25159.5, Health and Safety Code and Section 15376, Government Code. 
  
 



s 66260.22. Petitions to Include Other Wastes Under Chapter 23.
 (a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations contained in chapter 23 of this division shall petition for a regulatory amendment under this section and Government Code section 11340.6.
(b) To be successful, the petitioner shall demonstrate to the satisfaction of the Director that regulation under the Universal Waste Rule contained in chapter 23 of this division:
(1) is appropriate for the waste or category of waste;
(2) will improve management practices for the waste or category of waste; and
(3) will improve implementation of the hazardous waste program.
(c) The petition shall include the information, in writing, required by  Government Code section 11340.6.
(d) The petition shall address as many of the factors listed in section 66260.23 as are appropriate for the waste or waste category addressed in the petition.
(e) The Director will evaluate and grant or deny petitions using the factors listed in section 66260.23 and the petition review process specified in Government Code section 11340.7. The decision will be based on the weight of evidence showing that regulation under chapter 23 of this division is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.
 
  Note: Authority cited: Sections 25159 and 58012, Health and Safety Code. Reference: Section 25159.5, Health and Safety Code; and 40 CFR Section 273.80. 
  
 



s 66260.23. Factors for Petitions to Include Other Wastes Under Chapter 23.
The Director will evaluate petitions submitted under section 66260.22 using the following factors:
(a) The waste or category of waste, as generated by a wide variety of generators, is listed in article 4 of chapter 11 of this division, or if not listed, a proportion of the waste stream exhibits one or more characteristics of hazardous waste identified in article 3 of chapter 11 of this division. [When a characteristic waste is added to the universal waste regulations in chapter 23 by using a generic name to identify the waste category (e.g., batteries), the definition of universal waste in section 66273.9 of chapter 23 will be amended to include only hazardous waste portions of the waste category (e.g., hazardous waste batteries).] Thus, only the portion of the waste stream that exhibits one or more characteristics (i.e., is hazardous waste) is subject to the universal waste regulations of chapter 23;
(b) The waste or category of waste is not exclusive to a specific industry or group of industries, is commonly generated by a wide variety of types of establishments (including for example, households, retail and commercial businesses, office complexes, conditionally exempt small quantity generators, small businesses, governmental organizations, as well as large industrial facilities);
(c) The waste or category of waste is generated by a large number of generators and is frequently generated in relatively small quantities by each generator;
(d) Systems to be used for collecting the waste or category of waste (including packaging, marking, and labeling practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category of waste during accumulation and transport is relatively low compared to other hazardous wastes, and specific management standards proposed or referenced by the petitioner (e.g., waste management requirements appropriate to be added to sections 66273.13, 66273.33, and 66273.52; and/or applicable Department of Transportation requirements) would be protective of human health and the environment during accumulation and transport;
(f) Regulation of the waste or waste category under chapter 23 will increase the likelihood that the waste will be diverted from non-hazardous waste management systems (e.g., the municipal wastestream, non-hazardous industrial or commercial wastestream, municipal sewer or stormwater systems) to recycling, treatment or disposal in compliance with this division and division 20 of the California Health and Safety Code;
(g) Regulation of the waste or category of waste under chapter 23 will improve implementation of and compliance with the hazardous waste regulatory program; and/or;
(h) Such other factors as may be appropriate.
 
  Note: Authority cited: Sections 25159 and 58012, Health and Safety Code. Reference: Section 25159, Health and Safety Code; and 40 CFR Section 273.81. 
  
 



s 66260.200. Classification of a Waste as Hazardous or Nonhazardous.
 (a) A waste shall be classified a hazardous waste if it meets the definition of a hazardous waste in section 66261.3.
(b) No person shall deviate from the provisions of this chapter in the management of a hazardous waste, except as provided for in section 66260.200(f) or section 66260.210.
(c) It shall be the generator's responsibility to determine if the waste is classified as a hazardous waste pursuant to section 66260.200(a). If the generator determines that the waste is hazardous, the waste shall be managed pursuant to the provisions of this division. If the generator determines that the waste is nonhazardous, the generator, except as provided for in section 66260.200(f), may either proceed to manage the waste as nonhazardous or apply to the Department for concurrence with the nonhazardous determination through the notification procedure set forth in section 66260.200(d) before managing the waste as nonhazardous. A generator who incorrectly determines that a hazardous waste is nonhazardous and fails to manage the waste pursuant to the provisions of this division is in violation of the requirements of this division and is subject to enforcement action.
(d) If a person chooses to obtain departmental concurrence with the nonhazardous waste determination, a notification shall be submitted to the Department which includes all information required by section 66260.200(m). Pending concurrence by the Department pursuant to section 66260.200(e), that person shall manage the waste as hazardous waste.
(e) The Department, within 30 days of receipt of a notification pursuant to section 66260.200(d), shall acknowledge in writing receipt of the notification. Within 60 days of receipt of a notification, the Department shall notify the sender of the notification in writing that concurrence with that person's classification of the waste as nonhazardous is approved, disapproved, or that the notification is incomplete or inadequate and what additional information is needed. Upon receipt of the additional information, the Department, within 60 days of receipt of the additional information, shall notify the sender of the notification in writing that concurrence of that person's classification of the waste as nonhazardous is approved or disapproved. The notification shall be considered disapproved if the sender of the notification fails to provide the additional information within 90 days from the date the information was requested. However, that person may request in writing an extension, up to 90 days, within which the information shall be submitted or the notification shall be considered disapproved.
(f) If a person wishes to classify and manage as nonhazardous a waste which would otherwise be a non-RCRA hazardous waste because it has mitigating physical or chemical characteristics which render it insignificant as a hazard to human health and safety, livestock and wildlife, that person shall apply to the Department for its approval to classify and manage the waste as nonhazardous. The application for approval shall include the information required by section 66260.200(m). The Department, within 30 days of receipt of the application, shall acknowledge in writing receipt of the application. Pending written approval by the Department, the applicant shall manage the waste as hazardous waste. Within 60 days of receipt of an application, the Department shall notify the applicant in writing that the application for classification and management of the waste as nonhazardous is approved, disapproved, or that the application is incomplete or inadequate and what additional information is needed. Upon receipt of the additional information, the Department, within 60 days of receipt of the additional information, shall notify the applicant in writing that the application for classification and management of the waste as nonhazardous is approved or disapproved. The application shall be considered disapproved if the applicant fails to provide the additional information in writing 90 days fromthe date the information was requested. However, the applicant may request, in writing, an extension up to 90 days, within which the information shall be submitted or the application shall be considered disapproved.
(g) The Department may find that the notification submitted by a person pursuant to section 66260.200(d) or the application submitted pursuant to section 66260.200(f) is incomplete or inadequate for reasons which may include any of the following:
(1) the application is not complete or there is insufficient information on which to classify the waste; or
(2) the methods used in testing or analyzing the waste are not those prescribed in chapter 11 of this division, or have not been approved by the Department pursuant to section 66260.21(a) as alternative methods; or
(3) sampling and sample management were not in accord with Appendix I of chapter 11 and Table 3 of Appendix III of chapter 11; or
(4) representative samples of the waste are required pursuant to section 66260.200(k) in order that the Department may independently assess the properties of the waste.
(h) If the Department disapproves of a person's determination that a waste is nonhazardous or a person's application to manage as nonhazardous a waste which would otherwise be a non-RCRA hazardous waste, the Department shall give in writing the reason for the disapproval.
(i) If the Department at any time finds that the information submitted or generated for a determination pursuant to section 66260.200(c), a concurrence pursuant to section 66260.200(d) or an approval pursuant to 66260.200(f) was erroneous for any of the following reasons, the Department may notify that person in writing of the deficiencies:
(1) the results given in the laboratory report or other submitted data demonstrate that the waste is hazardous pursuant to the criteria given in chapter 11 of this division; or
(2) fraudulently derived information is utilized or included; or
(3) analysis or testing of the waste performed by the Department or other agencies or information available to the Department demonstrates that the waste is hazardous according to the criteria given in chapter 11 of this division.
(j) A person, upon receipt of such notice under section 66260.200(i), shall immediately cease managing the subject waste as a nonhazardous waste and shall manage the waste as hazardous waste.
That person may submit to the Department an amended notification or application. Within 30 days of receipt of an amended notification or application, the Department shall acknowledge in writing receipt of the amended notification or application. Within 60 days of receipt of an amended notification or application, the Department shall notify the sender of the notification or the applicant in writing that the notification or application is approved, disapproved, or that the notification or application is incomplete or inadequate and what additional information is needed. Upon receipt of the additional information, the Department, within 60 days of receipt of the additional information, shall notify the sender of the notification or the applicant in writing that the notification or application is approved or disapproved. The notification or application shall be considered disapproved if the additional information is not provided within 90 days from the date the information was requested. However, the sender of the notification or the applicant may request in writing an extension, up to 90 days, within which the information shall be submitted or the notification or application shall be considered disapproved.
(k) Not later than 60 days after receipt of an adequate notification or application under section 66260.200(d) or (f), the Department may request representative samples of wastes. The sender of the notification or the applicant shall maintain representative samples for that period of time. The quantity of sample submitted shall be adequate to conduct verification tests. Samples shall be collected, packaged, transported and stored in accordance with the sample management procedures in "Test Methods for Evaluating Solid Waste, Physical and Chemical Methods" (SW-846), Third Edition, incorporated by reference in section 66260.11.
(l ) If the waste changes so that the prior notification or application as nonhazardous no longer adequately assesses the waste by the criteria which may render it hazardous, the waste shall be managed as hazardous.
(m) A person seeking Department concurrence with a nonhazardous determination or approval to classify and manage as nonhazardous a waste which would otherwise be a non-RCRA hazardous waste shall supply the following information to the Department:
(1) name, mailing and billing address, location, contact person and phone number for the generating facility;
(2) A description of the waste including a physical description, quantities produced per unit time, a detailed description of the generating process and current waste disposal method;
(3) information on the sampling of the waste including the name and address of the firm sampling the waste, the name(s) of the person(s) sampling the waste, dates and locations of sample collection and a description of the sampling methodology and sample handling and preservation procedures;
(4) testing laboratory information including the name, address, and certification number of the testing laboratory, the test methods used and references for locating these methods, the name(s) and qualifications of the person(s) testing the waste, the method for preparation of laboratory samples from field samples and information needed to identify each sample;
(5) laboratory results including results from all tests required by chapter 11 of this division and a listing of the waste's constituents. Results shall include analyses from a minimum of four representative samples as specified in chapter 9 of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd Edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference in section 66260.11 of this chapter);
(6) certification of the veracity of the information submitted, signed and dated by a person who is the responsible manager of the facility.
(n) Notwithstanding the time frames specified above, the Department shall not notify the applicant of the Department's decision regarding a notification submitted pursuant to subsection (d) of this section or an application submitted pursuant to subsection (f) of this section until the California Board of Equalization receives the fee assessed pursuant to Health and Safety Code section 25205.8.
 
  Note: Authority cited: Sections 208, 25141 and 25150, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25205.8, 25141 and 25143, Health and Safety Code and Section 15376, Government Code. 
  
 



s 66260.201. Classification of an Electronic Device as a Covered Electronic Device.
 (a) Subsequent to the dates set forth in Health and Safety Code section 25214.10.1, subdivision (d)(1) or (2) as appropriate, an electronic device that is listed in subdivision (c) of Appendix X to Chapter 11 shall be managed as a "covered electronic device" under chapter 8.5 of part 3 of division 30 of the Public Resources Code (section 42460 et seq.) unless the manufacturer of the device has obtained the Department's concurrence that the device is nonhazardous pursuant to subsection (d). Upon issuance of the department's concurrence, the electronic device shall cease to be a covered electronic device. Health and Safety Code section 25214.10.1, subdivision (e)(1) prescribes the date on which the device is no longer subject to management under chapter 8.5.
(b)(1) Each manufacturer of electronic devices sold in the State shall determine if it produces any device(s) of the types listed in subdivision (c) of Appendix X of Chapter 11, and if so, shall send an annual notice to retailers and the Board of Equalization pursuant to Health and Safety Code section 25214.10.1, subdivision (c)(1) and (c)(2). The notice shall include all covered electronic devices listed in Appendix X of Chapter 11 that are manufactured by the manufacturer and shall include the information specified in subsection (b)(3) below.
(2) A manufacturer who distributes any covered electronic device for which a notice was not provided as required in subsection (b)(1), shall provide the notice to the retailer(s) no later than the date the retailer(s) first receives the covered electronic device. A manufacturer who provides a notice pursuant to subsection (b)(2) remains subject to penalties for any noncompliance with subsection (b)(1) above.
(3) The identification of the covered electronic devices in the notice shall include:
(A) The brand name (or brand names) of each of the covered electronic devices,
(B) A general description of each of the covered electronic devices (e.g., CRT-television, laptop computer, LCD monitor, etc.),
(C) The viewable screen size for each covered electronic device. As used in this section, viewable screen size means the diagonal measurement of the output surface, as viewed by the operator of the covered electronic device, excluding any plastic, wood, metal, or other bezel material that surrounds the video display surface.
(D) At least one of the following: the product group or family, model number or series, part number or series, or a similar descriptor for each covered electronic device that will enable the retailers to determine that the electronic device is a covered electronic device. For example, a notification could include a statement such as "All (brand name) XYZ series, 15-inch through 21-inch, LCD-desktop computer monitors and all bundled computer systems containing these monitors," rather than delineating each XYZ monitor individually.
(c) A manufacturer who incorrectly determines that a product it produces is not a listed device or fails to make a notification pursuant to this subsection is in violation of the requirements of this division.
(d) A manufacturer may determine that it produces an electronic device that is listed in subdivision (c) of Appendix X of Chapter 11 that is nonhazardous and apply to the Department for concurrence with its non-hazardous determination through the procedure set forth in section 66260.200(d).
 
  Note: Authority cited: Sections 25140, 25141, 25214.9 and  25214.10.2, Health and Safety Code; and Sections 42475 and 42475.2, Public Resources Code. Reference: Sections 25140, 25141, 25214.9 and 25214.10.1, Health and Safety Code; and Sections 42463(f)(1) and 42464, Public Resources Code. 
  
 



s 66260.210. Variances.
 (a) The department may grant a variance from one or more of the requirements of this division and chapter 6.5 of division 20 of the Health and Safety Code pursuant to Health and Safety Code section 25143.
(b) The Department shall within 60 calendar days after receipt of an application for a variance inform the applicant in writing that the application is complete and accepted for filing, or that the application is incomplete and what specific information is required for the application to be submitted in a complete form. The Department shall, within 60 days of determining that an application is complete, inform the applicant in writing that variance is granted or denied.
(c) If the variance requested is denied, the Department shall provide to the applicant in writing the reason for the denial.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25141 and 25143, Health and Safety Code and Section 15376, Government Code. 
  
 



s 66261.1. Purpose and Scope.
 (a) This chapter identifies those wastes which are subject to regulation as hazardous wastes under this division and which are subject to the notification requirements of Health and Safety Code section 25153.6. In this chapter:
(1) article 1 defines the terms "waste" and "hazardous waste," identifies those wastes which are excluded from regulation under this division, and establishes special management requirements for hazardous waste which is recycled and establishes rules for classifying and managing contaminated containers;
(2) article 2 sets forth the criteria used by the Department to identify characteristics of hazardous waste;
(3) article 3 identifies characteristics of hazardous waste;
(4) article 4 lists particular hazardous wastes;
(5) article 4.1 lists other hazardous wastes;
(6) article 5 identifies categories of hazardous waste including RCRA hazardous waste, non-RCRA hazardous waste, extremely hazardous waste, and special waste, and establishes criteria and management standards for special waste and extremely hazardous waste;
(b)(1) The definition of waste contained in this chapter applies only to wastes that also are hazardous pursuant to this division and chapter 6.5 of division 20 of the Health and Safety Code. It does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes.
(2) This chapter identifies only some of the materials which are wastes and hazardous wastes for the purposes of Health and Safety Code sections 25185 and 25187.1. A material which is not defined as a waste or identified as a hazardous waste pursuant to this chapter, is still a waste and a hazardous waste for purposes of Health and Safety Code sections 25185 and 25187.1, if the Department has reason to believe that a material may be a waste within the meaning of Health and Safety Code section 25124 and a hazardous waste within the meaning of Health and Safety Code section 25117.
 
  Note: Authority cited: Sections 25140, 25141, 25150, 25159 and  58012, Health and Safety Code. Reference: Sections 25117, 25124, 25140, 25141, 25159, 25159.5, 25185 and 25187.1, Health and Safety Code and 40 CFR Section 261.1. 
  
 



s 66261.2. Definition of Waste.
 (a) "Waste" means any discarded material of any form (for example, liquid, semi-solid, solid or gaseous) that is not excluded by section 66261.4(a) or section 66261.4(e) or that is not excluded by Health and Safety Code section 25143.2(b) or Health and Safety Code section 25143.2(d).
(b) A discarded material is any material which is any of the following:
(1) relinquished as explained in subsection (c) of this section; or
(2) recycled, as explained in subsection (d) of this section; or
(3) considered inherently waste-like, as explained in paragraph (e) of this section.
(c) A material is a waste if it is relinquished by being any of the following:
(1) disposed of;
(2) burned or incinerated;
(3) accumulated, stored or treated, but not recycled, before or in lieu of, being relinquished by being disposed of, burned or incinerated.
(d) A material is a waste if it is recycled, or accumulated, stored or treated before recycling, by being managed:
(1) through being used in a manner constituting disposal:
(A) materials noted with an "*" in column 1 of Table I are wastes when they are:
1. applied to or placed on the land in a manner that constitutes disposal; or
2. used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself is a waste);
(B) however, commercial chemical materials listed in section 66261.33, which are discarded commercial chemical products, off-specification species, container residues, or spill residues thereof, and which are applied to the land and application to the land is their ordinary manner of use are non-RCRA hazardous wastes. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of "recyclable materials" in section 66260.10;
(2) through being burned for energy recovery:
(A) materials noted with an "*" in column 2 of Table 1 are wastes when they are:
1. burned to recover energy;
2. used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself is a waste);
(B) however, commercial chemical materials listed in section 66261.33, which are discarded commercial chemical products, off-specification species, container residues, or spill residues thereof, and which are fuels are non-RCRA hazardous wastes. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of "recyclable materials" in section 66260.10
(3) through being reclaimed: materials noted with an "*" or "**" in column 3 of Table 1 are wastes when reclaimed;
(4) through being accumulated speculatively: materials noted with an "*" or  "**" in column 4 of Table 1 are wastes when accumulated speculatively.
TABLE 1
 
                    Use
                    Constituting   Energy      Speculative
                    Disposal       Recovery/Fuel  Reclamation    Accumulation
                    66261.2(d)(1)  66261.2(d)(2)  66261.2(d)(3)  66261.2(d)(4)
Column              (1)            (2)            (3)      (4)
Spent
Materials           *              *              *      *
Sludges (listed in
section 66261.31
or 66261.32)        *              *              *      *
Sludges exhibiting
a characteristic
of hazardous
waste               *              *              **      *
By-products
(listed in
section 66261.31
or 66261.32)        *              *              *      *
By-products
exhibiting a
characteristic
of hazardous
waste               *              *              **      *
Commercial
chemical products
(listed in
section 66261.33)   *              *              **      **
 
Note:   The terms "spent materials," "sludges," and "by-products" are defined in section 66260.10.
* Except as provided in sections 66261.2(d)(1)(B) and 66261.2(d)(2)(B), a material designated by a single asterisk in Column (1), (2), (3), or (4) is a waste which is not eligible to be classified as a non-RCRA hazardous waste.
** Unless exempt pursuant to Health and Safety Code section 25143.2(d), a material designated with a double asterisk in Column (3) or (4) which is identified as a hazardous waste pursuant to section 66261.3 is a non-RCRA hazardous waste. Commercial chemical products which are "retrograde materials" as defined in section 66260.10 are not wastes until they become "recyclable materials" pursuant to subsection (e) of the definition of "recyclable materials" in section 66260.10.
(e) A material is a waste if it is inherently waste-like when it is recycled. The following materials are wastes when they are recycled:
(1) Hazardous Waste Nos. F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026 and F028.
(2) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in articles 3 or 4 of this chapter, except for brominated material that meets the following criteria:
(A) The material must contain a bromine concentration of at least 45%; and
(B) The materials must contain less than a total of 1% of toxic organic compounds listed in appendix VIII; and
(C) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).
(f) A material is a waste if it poses a threat to human health or the environment and meets either, or both, of the following:
(1) it is mislabeled or not adequately labeled, unless the material is correctly labeled or adequately labeled within 10 days after the material is discovered to be mislabeled or inadequately labeled;
(2) it is packaged in deteriorated or damaged containers, unless the material is contained in sound or undamaged containers within 96 hours after the containers are discovered to be deteriorated or damaged.
(g) Respondents in actions to enforce regulations implementing this division who claim that a certain material is not a waste or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners and operators of facilities claiming that they are recycling materials must show that they have the necessary equipment to do so.
 
  Note: Authority cited: Sections 25141, 25150, 25159, 25159.5,  58004 and  58012, Health and Safety Code. Reference: Sections 25120.5, 25121, 25124, 25143.2, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 261.2. 
  
 



s 66261.3. Definition of Hazardous Waste.
 (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, benefication, and processing of ores and minerals excluded under 40 CFR section 261.4(b)(7) and any other solid waste exhibiting a characteristic of hazardous waste under Article 3 of this chapter 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 s 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 s 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
Constituent                                 Maximum for any single
composite sample - TCLP mg/L
Generic exclusion levels for F006
nonwastewater HTMR residues
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 s 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.
 
  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. 
  
 



s 66261.4. Exclusions.
 (a) Materials which are not wastes. The following materials are not wastes for the purpose of this chapter:
(1) industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the federal Clean Water Act, as amended (33 U.S.C. section 1342). This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment;
(2) source, special nuclear or by-product material as defined by the federal Atomic Energy Act of 1954, as amended, (42 U.S.C. section 2011 et seq.);
(3) spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated speculatively as defined in section 66260.10.
(4) pulping liquors (e.g., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless accumulated speculatively as defined in 66260.10.
(5) secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:
(A) only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;
(B) reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);
(C) the materials are never accumulated in such tanks for over twelve months without being reclaimed; and
(D) the reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.
(b) Wastes which are not hazardous wastes. The following wastes are not hazardous wastes:
(1) infectious waste which consists solely of the carcasses of animals, which is not otherwise hazardous, and which is handled, stored and disposed of according to all applicable requirements established by the Department of Food and Agriculture pursuant to provisions of chapter 1, part 1, division 5 (commencing with section 9101) and of chapter 5, part 3, division 9 (commencing with section 19200) of the Food and Agricultural Code;
(2) materials which are exempted or excluded from classification as solid waste or hazardous waste pursuant to 40 CFR section 261.4 if they do not exhibit a characteristic of a hazardous waste as set forth in article 3 of this chapter;
(3) used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.
(4) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use.
(5)(A) Solid wastes, which meet the criteria for classification as a RCRA hazardous waste set forth in section 66261.100(a)(1), (a)(2), or (a)(3), from the extraction, beneficiation, and processing of ores and minerals (including coal, phosphate rock and overburden from the mining of uranium ore), except as provided by 40 CFR section 266.112 for facilities that burn or process hazardous waste, are not hazardous wastes and are not subject to the requirements of this division or of Chapter 6.5 of Division 20 of the Health and Safety Code. However, these wastes remain subject to Article 9.5 of Chapter 6.5 of the Health and Safety Code if the wastes would otherwise be classified as hazardous wastes pursuant to section 25117 of the Health and Safety Code or pursuant to this division. For purposes of this paragraph, beneficiation of ores and minerals is restricted to the following activities: Crushing; grinding; washing; dissolution; crystallization; filtration; sorting; sizing; drying; sintering; pelletizing; briquetting; calcining to remove water and/or carbon dioxide; roasting; autoclaving, and/or chlorination in preparation for leaching (except where the roasting (and/or autoclaving and/or chlorination)/leaching sequence produces a final or intermediate product that does not undergo further beneficiation or processing); gravity concentration; magnetic separation; electrostatic separation; flotation; ion exchange; solvent extraction; electrowinning; precipitation; amalgamation; and heap, dump, vat, tank, and in situ leaching. For the purpose of this paragraph, solid waste from the processing of ores and minerals includes only the following wastes:
1. Slag from primary copper processing;
2. Slag from primary lead processing;
3. Red and brown muds from bauxite refining;
4. Phosphogypsum from phosphoric acid production;
5. Slag from elemental phosphorus production;
6. Gasifier ash from coal gasification;
7. Process wastewater from coal gasification;
8. Calcium sulfate wastewater treatment plant sludge from primary copper processing;
9. Slag tailings from primary copper processing;
10. Fluorogypsum from hydrofluoric acid production;
11. Process wastewater from hydrofluoric acid production;
12. Air pollution control dust/sludge from iron blast furnaces;
13. Iron blast furnace slag;
14. Treated residue from roasting/leaching of chrome ore;
15. Process wastewater from primary magnesium processing by the anhydrous process;
16. Process wastewater from phosphoric acid production;
17. Basic oxygen furnace and open hearth furnace air pollution control dust/sludge from carbon steel production;
18. Basic oxygen furnace and open hearth furnace slag from carbon steel production;
19. Chloride process waste solids from titanium tetrachloride production;
20. Slag from primary zinc processing.
(B) Waste from the extraction, benefication, and processing of ores and minerals, as those terms are defined in Health and Safety Code section 25143.1, which would otherwise be classified as a non-RCRA hazardous waste pursuant to section 66261.101, is not subject to the requirements of this division or of Chapter 6.5 of the Health and Safety Code. However, these wastes remain subject to Article 9.5 of Chapter 6.5 of the Health and Safety Code if the wastes would otherwise be classified as hazardous wastes pursuant to section 25117 of the Health and Safety Code or to this division.
(c) hazardous wastes which are exempted from certain regulations. A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under this division or to the notification requirements of Health and Safety Code section 25153.6 until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials. The exemption in this subsection applies only to the hazardous waste generated in the above-named tanks, not to the tanks themselves. The tanks remain subject to the requirements of chapter 32 if the tank is a hazardous waste pursuant to article 3 of chapter 11 of this division.
(d) samples;
(1) except as provided in subsection (d)(2) of this section, a sample of  waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of this division or to the notification requirements of Health and Safety Code section 25153.6 when:
(A) the sample is being transported to a laboratory for the purpose of testing; or
(B) the sample is being transported back to the sample collector after testing; or
(C) the sample is being stored for less than 90 days by the sample collector before transport to a laboratory for testing; or
(D) the sample is being stored in a laboratory before testing; or
(E) the sample is being stored in a laboratory after testing but before it is returned to the sample collector; or
(F) the sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until conclusion of a court case or enforcement action where further testing of the sample may be necessary).
(2) In order to qualify for the exemption in subsections (d)(1)(A) and  (d)(1)(B) of this section, a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector shall:
(A) comply with California Highway Patrol (CHP), U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or
(B) comply with the following requirements if the sample collector determines that CHP, DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:
1. assure that the following information accompanies the sample:
a. the sample collector's name, mailing address, and telephone number;
b. the laboratory's name, mailing address, and telephone number;
c. the quantity of the sample;
d. the date of shipment; and
e. a description of the sample.
2. package the sample so that it does not leak, spill, or vaporize from its packaging.
(3) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in subsection (d)(1) of this section.
(e) Treatability Study Samples.
(1) Except as provided in paragraph (e)(2) of this section, any person who generates a treatability study sample for the purpose of conducting a treatability study is not subject to Chapter 6.5 of Division 20 of the Health and Safety Code with respect to that sample, except for the requirements of subdivision (e) of Health and Safety Code section 25162, or this division, except for sections 66262.50, 66262.52, and 66262.53 when:
(A) the treatability study sample is being collected and prepared for transportation by the generator or the agent of the generator;
(B) the treatability study sample is being accumulated or stored by the generator or the agent of the generator prior to transportation to a laboratory or testing facility; or,
(C) the treatability study sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
(2) The exemption specified in paragraph (e)(1) of this section applies to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies only if all of the following conditions are met:
(A) the treatability study sample mass is not more than 400 kilograms (kg) of any hazardous waste that is not an extremely hazardous waste, 1 kg of extremely hazardous waste, or 250 kg of soil, water, or debris contaminated with extremely hazardous waste, for each process being evaluated for each generated hazardous waste stream,
(B) the treatability study sample is retained at the site of generation for not longer than one year and not more than 10 days elapse between when the treatability study sample is shipped to the laboratory or testing facility and when it is received at the laboratory or testing facility,
(C) the generator or the agent of the generator retains responsibility for the recycling or disposal of the treatability study sample or its residues after the treatability study is completed;
(D) at all times during accumulation and storage, the treatability study samples are in containers that are marked clearly with the words "treatability study sample," that are in a good, nonleaking condition and that are clearly labeled with all of the following information:
1. the composition and physical state of the material;
2. a statement that calls attention to the particular hazardous properties of the treatability study sample;
3. the name and address of the generator of the treatability study sample; and
4. the date the treatability study sample was first placed in the containers.
(3) each treatability study sample may be transported only if the treatability study sample complies with all of the following:
(A) the treatability study sample is packaged so that it will not leak, spill, or vaporize from its packaging during shipment, complies with all shipping requirements of the Department of Transportation, United States Postal Service, or any other applicable shipping requirements, and, at a minimum, is accompanied by all of the following information:
1. the name, mailing address, telephone number, and Environmental Protection Agency identification number, if available, of the generator of the treatability study sample or the agent of the generator.
2. The name, address, telephone number, and EPA number, if available, of the facility that will perform the treatability study.
3. The quantity of the treatability study sample.
4. The date of shipment.
5. A description of the treatability study sample, including its California waste code.
(B) The treatability study sample is shipped to a laboratory or testing facility which has a hazardous waste facilities permit issued pursuant to Health and Safety Code section 25200, is exempt from state hazardous waste facilities permitting requirements pursuant to subsection (f) of section 66261.4 of this title or, if located in another state, is authorized by that state or the Environmental Protection Agency to conduct treatability studies or is exempted pursuant to subsection (f) of Section 261.4 of Title 40 of the Code of Federal Regulations.
(4) A generator or the agent of the generator exempt pursuant to this section shall maintain the following records for three years after completion of the treatability study and shall, if requested by the department before the end of three years, retain the records for up to an additional five years:
(A) Copies of shipping documents.
(B) A copy of the contract with the facility conducting the treatability study.
(C) Documentation showing the amount of waste shipped, the name and address of the laboratory or testing facility that received the waste, the date the shipment was made, and the final disposition of unused portions of samples and residues.
(5) The department may grant an application, on a case-by-case basis, following the submittal of information pursuant to subdivision (e)(6) for an exemption for treatability study samples that exceed the quantity limits specified in subdivision (e)(2)(A), for up to an additional 500 kg of hazardous waste that is not extremely hazardous waste, 1 kg of extremely hazardous waste, and 250 kg of soil, water, or debris contaminated with extremely hazardous waste, to conduct a further treatability study evaluation, if the department finds that the exemption is necessary based on any of the following:
(A) There has been an equipment or mechanical failure during the conduct of a treatability study rendering the treatability study sample unsuited for study.
(B) There is a need to repeat a portion of a previously conducted treatability study.
(C) There is a need to study and analyze alternative techniques within a treatability study and these multiple techniques required greater total sample size.
(D) The treatability study design cannot produce verifiable results without greater quantities of a sample.
(6) A generator applying for an exemption pursuant to subdivision (e)(5) shall submit all of the following information in writing to the department:
(A) The reason why the generator or agent of the generator requires an additional quantity of a treatability study sample for the treatability study.
(B) The quantity of the treatability study sample for which the exemption is requested.
(C) Documentation accounting for all samples of treatability study samples from the waste stream that have previously been sent for, or undergone, treatability studies, including the dates of each previous treatability study sample, the quantity of each previous treatability study sample, the laboratory or testing facility to which each treatability study sample was shipped, what treatability studies were conducted on each treatability study sample shipped, and the results of each treatability study.
(D) If the generator cites paragraph (C) of subdivision (e)(5) as the basis for the exemption, a description of the proposed technique or techniques to be evaluated.
(E) If the generator cites paragraph (A) of subdivision (e)(5) as the basis for the exemption, information regarding the reasons for the failure or breakdown and what procedures or improvements have been made to protect against further breakdowns.
(f) Samples Undergoing Treatability Studies at Laboratories and Testing Facilities;
(1) Except as provided in subdivision (f)(2), Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, do not apply to any treatability study sample undergroing a treatability study, and those activities of the laboratory or testing facility, including transportable treatment units, conducting a treatability study, that are activities exclusively devoted to, and in support of, the treatability study conducted on a treatability study sample, if all of the following conditions are met:
(A) If a group of two or more transportable treatment units are located at the same site, the requirements specified in subdivision (f)(1) apply to the entire group of transportable treatment units collectively as if the group were one unit.
(B) Not less than 45 days before conducting the treatability study, the facility notifies the department in writing, that it intends to conduct a treatability study pursuant to this subsection.
(C) The laboratory or testing facility conducting the treatability study has an Environmental Protection Agency identification number.
(D) Not more than a total of 250 kg of treatability study samples are subjected to initiation of treatment in all treatability studies in any single day.
(E) The quantity of treatability study samples stored at the facility for the purpose of evaluation in treatability studies does not exceed 400 kg, the total of which may include not more than 200 kg of soil, water, or debris contaminated with extremely hazardous waste or 1 kg of extremely hazardous waste.  This quantity limitation does not include either of the following:
1. Treatability study residues.
2. Treatment materials, including nonhazardous waste, added to treatability study samples as received hazardous waste.
(F) Not more than 90 days has elapsed since the treatability study for the treatability study sample was completed, or not more than one year have elapsed since the generator or treatability study sample collector shipped the treatability study sample to the laboratory or testing facility, whichever date first occurs.
(G) The treatability study does not involve the placement of hazardous waste on the land, incineration, or the open burning of hazardous waste.
(H) The facility maintains records for three years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits.  All of the following specific information shall be included for each treatability study conducted:
1. The name, address, and Environmental Protection Agency identification number of the generator or agent of the generator of each treatability study sample.
2. The date the treatability study sample was received.
3. The quantity of treatability study sample accepted.
4. The quantity of treatability study samples in storage each day.
5. The date the treatability study was initiated and the amount of treatability study samples introduced to treatment each day.
6. The date the treatability study was concluded.
7. The date any unused treatability study sample or residues generated from the treatability study were returned to the generator or the agent of the generator or, if sent to a designated facility, the name of the facility and the Environmental Protection Agency identification number.
(I) The facility keeps, onsite, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending three years from the completion date of each treatability study.
(J) The facility prepares and submits a report to the department not later than March 15 of each year that estimates the number of studies and the amount of waste expected to be used in treatability studies during the current year, and includes all of the following information for the previous calendar year:
1. The name, address, and Environmental Protection Agency identification number of the facility conducting the treatability studies.
2. The numbers of, and types, by process, of treatability studies conducted.
3. The names and addresses of persons for whom studies have been conducted, including their Environmental Protection Agency identification numbers.
4.  The total quantity of hazardous waste in storage each day.
5. The quantity and types of hazardous waste subjected to treatability studies.
6. When each treatability study was conducted.
7. The final disposition of residues and unused treatability study samples from each treatability study.
(K) The facility determines whether any unused treatability study sample or residues generated by the treatability study are hazardous waste that are subject to Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, and, if so, the facility handles the unused treatability study sample or residues in accordance with Chapter 6.5 of Division 20 of the Health and Safety Code, and division 4.5 of this title, unless the residues and unused treatability study samples are returned to the treatability study sample originator, as specified in Health and Safety Code section 25158.2.
(L) The facility notifies the department by letter when the facility is no longer planning to conduct any treatability studies at the site.
(M) All treatability studies shall be initiated within 60 days of the receipt of each treatability study sample.
(2) The requirements of subdivision (e) of Health and Safety Code section 25162, and sections 66262.50, 66262.52, and 66262.53 of this title shall apply to a sample undergoing a treatability study, including those activities of the laboratory or testing facility conducting the treatability study.
(g) controlled substances;
(1) A  conditionally exempt controlled substance, as defined in  paragraph (2) of this subsection, which is managed in accordance with the requirements of paragraph (3) of this subsection, is not a waste for purposes of this division or Health and Safety Code, division 20, chapter 6.5.
(2) For the purposes of this division, a conditionally exempt controlled substance is a "controlled substance", as defined in section 11007 of the Health and Safety Code, which meets all of the following conditions:
(A) the controlled substance is a discarded material (as defined in section 66261.2(b)) which is not excluded from the definition of a "waste" (as defined in section 66261.2(a)), except pursuant to the provisions of this subsection;
(B) the controlled substance is solely a non-RCRA hazardous waste, or the controlled substance or its management is exempt or conditionally exempt from, or is not otherwise regulated pursuant to, RCRA;
(C) the controlled substance was seized by a peace officer, as defined in  section 830 of the Penal Code, or a person exercising the powers of a peace officer pursuant to section 830.8 of the Penal Code or otherwise authorized to exercise the powers of a peace officer pursuant to applicable federal laws; and
(D) the controlled substance was seized from a site other than a clandestine laboratory, or the controlled substance was seized from such a laboratory for use as evidence or as a sample for purposes of testing.
(3) A conditionally exempt controlled substance shall be managed in accordance with the following requirements:
(A) conditionally exempt controlled substances shall be held in containers which are managed in accordance with the requirements of sections 66265.171, 66265.172, 66265.173 and 66265.177;
(B) conditionally exempt controlled substances shall be stored in an area:
1. with ventilation approved by the local fire department,
2. separate from controlled substances which are not conditionally exempt pursuant to this subsection and other chemicals seized from clandestine laboratories, and
3. under the control of employees of a federal, state or local law enforcement agency;
(C) transportation of conditionally exempt controlled substances shall be in accordance with the following requirements:
1. conditionally exempt controlled substances shall be transported by employees of a federal, state or local law enforcement agency;
2. during transportation, the conditionally exempt controlled substances shall be accompanied by a shipping paper which, at a minimum, shall provide the following information:
a. a list of the substances being transported;
b. the type and number of  containers being used to transport each type of substance;
c. the quantity, by weight or volume, of each type of substance being transported (if known);
d. the state(s) (e.g., solid, powder, liquid, semi-liquid, gas, etc.) of each type of substance being transported;
e. the final destination and interim destinations, if any, of the substances;
f. the name and telephone number of an emergency response contact, for use in the event of a spill or other release;
g. the name, address and telephone number of the law enforcement agency from which the shipment originates, the printed name and signature of the peace officer authorizing the shipment, and the date the shipment originates;
h. the name, address, telephone number and signature of the law enforcement agency employee(s) responsible for the custody and security of the substances during transportation; and
i. the name, address and telephone number of the facility which is the final destination of the substances; and
3. in the event of a spill or release of a conditionally exempt controlled substance during transportation, the law enforcement agency employee responsible for the substance during transportation shall take appropriate immediate action to protect human health and the environment (e.g., notify local law enforcement agencies and/or other local emergency response agencies, dike the spill area, etc.). The law enforcement agency employee responsible for the released substance during transportation shall clean up or provide for the clean up of the spilled or released substance, or take such other action as may be required or approved by Federal, State, or local officials to ensure that the release no longer presents a hazard to human health or the environment;
(D) treatment of conditionally exempt controlled substances shall be limited to:
1. incineration in accordance with paragraphs (3)(E)  of this subsection; and
2. the addition of absorbent material to a conditionally exempt controlled substance in a container or the addition of a conditionally exempt controlled substance to absorbent material in a container, in conjunction with incineration pursuant to paragraphs (3)(E) of this subsection;
(E) incineration of conditionally exempt controlled substances pursuant to this subsection shall be subject to the following requirements and limitations:
1. conditionally exempt controlled substances shall be incinerated under the following operating conditions:
a. incineration shall be in an airtight combustion device operated under negative air pressure through the combustion zone;
b. a feed airlock or an equivalent mechanism shall be used to prevent fugitive emissions;
c. the temperature in the combustion zone shall be maintained at or above 1600 degrees Fahrenheit for a minimum residence time of one second;
d. when only controlled substances are being incinerated, the controlled substance feed rate shall be between 25 percent and 75 percent of the incinerator's thermal design capacity;
e. when controlled substances are being incinerated with other materials, the total feed rate shall be greater than 40 percent, and no more than 100 percent, of the incinerator's thermal design capacity; and
f. if the incineration facility is not equipped with emissions control devices  (e.g., scrubbers), the controlled substances feed rate shall be limited to 40 pounds per hour; and
2. the incineration facility shall comply with all applicable Federal, State and local regulatory agency requirements;
(F) all law enforcement agency and incinerator facility personnel who handle conditionally exempt controlled substances shall complete health and safety training equivalent to the training required under Title 8, CCR, section 5194, within six months after the effective date of these regulations.  No personnel shall be newly assigned to handle conditionally exempt controlled substances after the effective date of these regulations until they have completed the required health and safety training.
(4) Except as provided in paragraph (3) of this subsection, conditionally exempt controlled substances shall be stored, transported, treated and disposed of as hazardous waste in accordance with the requirements of this division and Health and Safety Code, division 20, chapter 6.5.
(5) Any controlled substance, as defined in section 11007 of the Health and Safety Code, which is not a hazardous waste, pursuant to section 66262.11, is not subject to the requirements of this division.
 
  Note: Authority cited: Sections 25141, 25150, 25158.4, 25159,  25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25124, 25141, 25143, 25143.1, 25143.2, 25143.4(a), 25143.11, 25158.2, 25158.3, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 261.4. 
  
 



s 66261.6. Requirements for Recyclable Materials.
 (a)(1) Recyclable materials are subject to the applicable requirements for generators, transporters and facilities of articles 1 and 2 of chapter 16 of this division, except as specified otherwise for the materials listed in subsections (a)(2), (a)(3), (a)(4), (a)(5), and (a)(6) of this section.
(2) The following recyclable materials are also regulated under the articles  (of chapter 16 of this division) specified below, and all applicable provisions in chapters 20 and 21 of this division:
(A) [RESERVED];
(B) hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under article 15 of chapter 14 or 15 of this division are regulated under article 8 of chapter 16 of this division.
(C) spent lead-acid storage batteries that are being reclaimed are regulated under article 7 of chapter 16 of this division;
(D) recyclable materials that are being used in agriculture are regulated under article 8.5 of chapter 16 of this division;
(E) waste elemental mercury that is being recycled is regulated under article 9 of chapter 16 of this division.
(3) The following are not subject to regulation under this division, and are not subject to the notification requirements of Health and Safety Code section 25153.6:
(A) materials that can be shown to be recycled by methods identified in subdivisions (b), (c) or (d) of Health and Safety Code section 25143.2; and
(B) scrap metal as defined in section 66260.10. However, scrap metal that meets the definition of a RCRA hazardous waste is not subject to regulation under this division and is not subject to the notification requirements of Health and Safety Code section 25153.6, only when the scrap metal is being recycled; and
(C) hazardous wastes that exhibit the characteristic of toxicity specified in section 66261.24(a)(1) and do not exhibit any other characteristic of a hazardous waste specified in article 3 of this chapter (commencing with section 66261.20), are not listed in article 4 of this chapter (commencing with section 66261.30), and that qualify as one of the materials specified in 40 CFR section 261.6(a)(3) (incorporated by reference in section 66260.11).
(4) The following are prohibited as specified:
(A) the use of material (e.g., waste, used oil or other material) which is contaminated with dioxin or any other hazardous waste (other than a waste identified solely on the basis of ignitability), for dust suppression or road treatment is prohibited;
(B) the use of used oil as a road oil, dust suppressant or weed control agent is prohibited, except as provided otherwise in Health and Safety Code section 25250.5.
(5) The following hazardous waste, when recycled, is exempt from the restrictions concerning the materials used in a manner constituting disposal or used to produce products that are applied to the land, as provided in Section 25143.2(e) of the Health and Safety Code.
(A) Spent catalyst generated from the Fluid Catalytic cracking (FCC) unit in a petroleum refinery when it is recycled at portland cement kilns as the substitute of alumina and silica in the kiln feed. The concentration of the extractable heavy metals in the FCC catalyst shall not exceed the values given in Table I-C CCWE, Section 66268.106(a) except for nickel and vanadium. The total concentration of nickel and vanadium in the FCC catalyst shall not exceed 3,000 mg/kg, combined.
(6) Hazardous wastes that meet all the following criteria are not subject to regulation under this division but, instead, are subject to regulation as specified in 40 CFR section 261.6(a)(2) (incorporated by reference in section 66260.11):
(A) the hazardous waste exhibits the characteristic of a hazardous waste specified in section 66261.24(a)(1);
(B) the hazardous waste does not exhibit any other characteristic of a hazardous waste specified in article 3 of this chapter (commencing with section 66261.20);
(C) the hazardous waste is not listed in article 4 of this chapter (commencing with section 66261.30);
(D) the hazardous waste is not listed in article 4.1 of this chapter  (commencing with section 66261.50); and
(E) the hazardous waste qualifies for regulation pursuant to 40 CFR section 261.6(a)(2) (incorporated by reference in section 66260.11).
(7) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1)) for purpose of recovery is subject to the requirements of 40 CFR Part 262, Subpart H or this article, if it is subject to either the Federal manifesting requirements of 40 CFR Part 262, or to the universal waste management standards of 40 CFR Part 273.
(b) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of articles 1 through 12 , 27, 28, and 28.5 of chapters 14 and 15 and any applicable provisions of chapters 16, 18, and 20 and the notification requirements under section 3010 of RCRA, except as provided in subsection (a) of this section.
(c) Owners or operators of facilities subject to RCRA permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of articles 27 and 28 of chapters 14 or 15.
 
  Note: Authority cited: Sections 25143.2(e), 25150, 25159, 25159.5,  25170, 25179.6, 25245, 25250.22 and 58012, Health and Safety Code. Reference: Sections 25143, 25143.2, 25150, 25159, 25159.5, 25163, 25170, 25179.6, 25250.5 and 25250.22, Health and Safety Code; and 40 CFR Sections 261.6 and 266.23. 
  
 
 



s 66261.7. Contaminated Containers.
 (a) Except as provided in Section 66262.70 and subsections (g), (h), (i),  (k), ( l), (m), (n), and (o) of this section, any container (as defined in Section 66260.10 of this division), or inner liner removed from a container, which previously held a hazardous material, including but not limited to hazardous waste, and which is empty as defined in subsection (b) or (d) of this section shall be exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if it will be managed in accordance with subsection (e) of this section. Existing permits which contain specific conditions governing container cleaning operations which conflict with the provisions of these regulations may be amended to be consistent with this regulation by following the Class 2 permit modification procedures set forth in Section 66270.42(b).
(b) A container, or an inner liner removed from a container, which previously held a hazardous material, including hazardous waste, is empty if the container or the inner liner removed from a container has been emptied so that:
(1) If the hazardous material which the container or inner liner held is pourable, no hazardous material can be poured or drained from the container or inner liner when the container or inner liner is held in any orientation (e.g., tilted, inverted, etc.); and
(2) If the hazardous material which the container or inner liner held is not pourable, no hazardous material remains in or on the container or inner liner that can feasibly be removed by physical methods (excluding rinsing) which comply with applicable air pollution control laws and which are commonly employed to remove materials from that container or inner liner. Following material removal, the top, bottom and sidewalls of such a container shall not contain remaining adhered or crusted material resulting from buildup of successive layers of material or a mass of solidified material. A thin uniform layer or dried material or powder is considered acceptable. A person who treats a container or inner liner onsite by employing physical methods to satisfy the standard in this subsection is authorized to perform such treatment for purposes of Health and Safety Code Section 25201.
(c) A person who treats a container or an inner liner removed from a container of five gallons or less in capacity which has been emptied pursuant to subsection (b) of this section is authorized, for purposes of Health and Safety Code Section 25201, to perform such activities if any rinsate or other residue generated by these activities is completely captured and classified in accordance with the provisions of this division and any applicable waste discharge requirements.
(d) A container or an inner liner removed from a container that has held a material listed as an acute hazardous waste in Sections 261.31, 261.32, or 261.33 (e) Title 40 of the Federal Code of Regulations or a waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110, 66261.113, and Title 22, California Code of Regulations, Division 4.5, Chapter 11, Appendix X is empty if:
(1) The container or inner liner has been triple rinsed using a solvent capable of removing the waste and all pourable residues have been removed from the container or inner liner in accordance with subsection (b)(1) of this section. Triple rinsing activities shall require specific authorization from the Department unless subject to the provisions of Health and Safety Code Section 25143.2(c)(2); or
(2) The container or inner liner is cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal. Alternative methods to rinsing require prior approval by the Department.
(e) In order to retain the exemption under this section, an empty container or an inner liner removed from a container must be managed by one of the following methods:
(1) Except as otherwise provided in Section 42170 of the Public Resources Code, for containers of five gallons or less in capacity, or inner liners removed from containers of five gallons or less in capacity, by disposing of the container or inner liner at an appropriate solid waste facility, provided that the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations (49 CFR Part 173); or
(2) By reclaiming its scrap value onsite or shipping the container or inner liner to a person who reclaims its scrap value, provided that the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations (49 CFR Part 173); or
(3) By reconditioning or remanufacturing the container or inner liner onsite pursuant to 49 CFR Section 173.28 (c) and (d) (revised at 55 FR 52402 - 52729) for subsequent reuse, or shipping the container or inner liner to a person who reconditions or remanufactures the container or inner liner pursuant to 49 CFR Section 173.28 (c) and (d) (revised at 55 FR 52402 - 52729); or
(4) By shipping the container or inner liner to a supplier  or to another intermediate collection location for accumulation prior to managing the container or inner liner pursuant to subsections (e)(1), (e)(2) or (e)(3) of this section, provided that the container or inner liner is packaged and transported in accordance with applicable U.S. Department of Transportation regulations.
(f) A container or an inner liner removed from a container larger than five gallons in capacity which is managed pursuant to subsection (e) of this section shall be marked with the date it has been emptied and shall be managed within one year of being emptied.
(g) Any person who generates an empty container or an inner liner larger than five gallons in capacity which previously held a hazardous material shall maintain, and provide upon request, to the Department, the Environmental Protection Agency, or any local agency or official authorized to bring an action as provided in Health and Safety Code Section 25180 the name, street address, mailing address and telephone number of the owner or operator of the facility where the empty container has been shipped. The above information shall be retained onsite for a period of three years.
(h) Uncontaminated containers, where an inner liner has prevented contact of the hazardous material with the inner surface of the container, are not hazardous waste subject to regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code.
(i) Containers or inner liners which previously held a hazardous material which are sent back to the supplier for the purpose of being refilled are exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if all of the following requirements are met:
(1) The container or inner liner was last used to hold a hazardous material acquired from a supplier of hazardous materials;
(2) The container or inner liner is empty pursuant to the standards set forth in Section 261.7 of Title 40 of the Code of Federal Regulations;
(3) The container or inner liner is returned to a supplier of hazardous materials for the purpose of being refilled, provided that the supplier's reuse of the container or inner liner is in compliance with the requirements of Section 173.28 of Title 49 of the Code of Federal Regulations;
(4) The container or inner liner is not treated prior to being returned to the supplier of hazardous materials, except as authorized by this section;
(5) The container is not treated (except as authorized by this section) by the supplier of hazardous materials without obtaining specific authorization from the Department; and
(6) The container or inner liner is refilled by the supplier with hazardous material which is compatible with the hazardous material which the container or inner liner previously held unless the container has been adequately decontaminated.
(j) If the supplier, upon receiving a container or an inner liner pursuant to subsection (i) of this section, is unable to refill the container or inner liner, the supplier shall empty the container or inner liner pursuant to subsections (b) or (d) of this section and manage the container or inner liner pursuant to subsection (e) of this section.
(k) Emptied household hazardous material and pesticide container, or inner liners removed from containers, of five gallon or less in capacity, are exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if the container or inner liner is emptied by removing all of the contents that can be removed using practices commonly employed to remove materials from that type of container.
( l) A compressed gas cylinder is exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code when the pressure in the container approaches atmospheric pressure.
(m)(1) Provided that they are not a RCRA regulated hazardous waste, as defined in Section 66260.10 of this division, aerosol containers are exempt from regulation under this division and Chapter 6.5 of Division 20 of the Health and Safety Code if the aerosol container was emptied of the contents and propellant to the maximum extent practical under normal use (i.e., the spray mechanism was not defective and thus allowed discharge of the contents and propellant).
(2) Unless otherwise exempt under other provisions of law, aerosol containers which held a material listed as an acute hazardous waste in Sections 261.31, 261.32, or a material identified as an acute hazardous waste in Section 261.33(e), Title 40 of the Code of Federal Regulations, or a waste which is extremely hazardous pursuant to any of the criteria of Sections 66261.110, 66261.113, and Title 22, California Code of Regulations, Division 4.5, Chapter 11, Appendix X are not exempt under this section and shall be managed as hazardous waste in accordance with this division and Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100).
(3) For purposes of this section, "aerosol container" means a pressurized, sealed container which contains a product and liquified or compressed gases, and which can dispense that product by the activation of a pressure-sensitive valve.
(n) Containers made of wood, paper, cardboard, fabric, or any other similarly absorptive material are not exempt from regulation under this division or Chapter 6.5 of Division 20 of the Health and Safety Code if the container was in direct contact with and has absorbed the hazardous waste or a hazardous material.
(o) The following items are not containers for purposes of this section and should continue to be managed as specified below:
(1) Used oil filters managed pursuant to Section 66266.130 of this division.
(2) PCB or PCB contaminated electrical equipment, including but not limited to, transformers and capacitors managed pursuant to 40 CFR Section 761.60, or Section 66268.29(b) of this division, so that the Soluble Threshold Limit Concentration (STLC) and the Total Threshold Limit Concentration (TTLC) values set forth in Section 66261.24(a)(2) of this division are not exceeded.
(3) Chemotherapy drug intravenous (IV) bags or tubing used for the delivery of chemotherapy agents managed pursuant to Chapter 6.1 of Division 20 of the Health and Safety Code.
(p) The residue remaining in a bulk container (as defined in section 66260.10) that has held hazardous waste is not a hazardous waste, except as provided in subsections (p)(2) and (p)(3), and a facility that receives the bulk container for cleaning or reuse, by such receipt is not receiving offsite waste, if the bulk container is empty as defined in subsection (p)(1) below.
(1) A bulk container that has held hazardous waste is empty if:
(A) for a residue that contains a material described in subsection (d) of this section, the bulk container is empty pursuant to subsection (d); or
(B) for a residue that does not contain a material described in subsection (d), the residue is no more than 0.3% by weight of the total capacity of the bulk container.
(2) The residue in a bulk container that is empty pursuant to subsection  (p)(1)(B) of this section is subject to regulation under this division as a hazardous waste when:
(A) the bulk container ceases to be operated for hazardous waste or hazardous material transportation; or
(B) the residue is from hazardous waste that was hazardous by the characteristic of toxicity (as defined in section 66261.24), and, without prior removal of the residue, the bulk container is subsequently used to hold a product or recyclable material which would be reduced in quality, value, or usefulness, rendered non-recyclable, or which would potentially have an adverse effect on human health and/or the environment by commingling with the residue, or
(C) without prior removal of the residue, the bulk container is subsequently used to hold a material that is chemically incompatible with the residue, including, but not limited to, those incompatible materials listed in Appendix V of chapter 14 of this division.
(3) An offsite facility that receives a bulk container that held a hazardous waste is an offsite facility subject to the facility standards of chapters 14, 15, and 20 of this division if:
(A) the bulk container is not empty pursuant to subsection (p)(1); or
(B) the bulk container is empty pursuant to subsection (p)(2), and, without removal of the residue, the bulk container is subsequently used to hold a material that is chemically incompatible with that residue, including, but not limited to, those incompatible materials listed in Appendix V of chapter 14 of this division.
(q) Reserved.
(r) Any container, or inner liner removed from a container, which previously held a hazardous material, including but not limited to hazardous waste, and which is not empty as defined in subsections (b) or (d) of this section, or otherwise exempt from regulation as a hazardous waste under this division or Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100), shall be managed as a hazardous waste in accordance with this division and Chapter 6.5 of Division 20 of the Health and Safety Code (commencing with Section 25100).
(s) The generator and transporter shall comply with the provisions of the Sanitary Food Transportation Act of 1990 (Title 49 of the United States Code Section 5701 et seq.) and the National Economic Crossroads Transportation Efficiency Act of 1997 (Title 12 section 12002 et seq.) as applicable.
 
  Note: Authority cited: Sections 208, 25141, 25143.2, 25150 and  58012, Health and Safety Code. References: Sections 208, 25141, 25143.2, 25150, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 261.7. 
  
 



s 66261.9. Requirements for Universal Waste.
 (a) The hazardous wastes listed in this section are exempt from the management requirements of chapter 6.5 of division 20 of the California Health and Safety Code and its implementing regulations except as specified in chapter 23 and, therefore, are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under chapter 23 and shall be known as "universal waste."
(1) Batteries as described in section 66273.2;
(2) Thermostats as described in section 66273.4;
(3) Lamps as described in section 66273.5 (including, but not limited to, M003 wastes);
(4) Cathode ray tube materials, as described in section 66273.6;
(5) Universal waste electronic devices as described in section 66273.3;
(6) Aerosol cans as specified in Health and Safety Code section 25201.16;
(7) Mercury-containing motor vehicle light switches as specified in Health and Safety Code section 25214.5 (M001 Wastes) and motor vehicles that contain such switches, as described in section 66273.7.1;
(8) Non-automotive mercury switches and products that contain such switches  (including, but not limited to, M002 Wastes), as described in section 66273.7.2;
(9) Dental amalgam wastes, as described in section 66273.7.3;
(10) Mercury-containing pressure or vacuum gauges, as described in section 66273.7.4;
(11) Mercury-added novelties (including, but not limited to, M004 Wastes), as described in section 66273.7.5;
(12) Mercury counterweights and dampers, as described in section 66273.7.6;
(13) Mercury thermometers, as described in section 66273.7.7;
(14) Mercury dilators and weighted tubing, as described in section 66273.7.8;
(15) Mercury-containing rubber flooring, as described in section 66273.7.9, and
(16) Mercury gas flow regulators, as described in section 66273.7.10.
(b) Universal wastes shall be managed as hazardous wastes after arrival at a destination facility.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25117.2, 25141, 25150, 25159.5, 25180-25196, 25214.5, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 261.9. 
  
 



s 66261.10. Criteria for Identifying the Characteristics of Hazardous Waste.
 (a) The Department shall identify and define a characteristic of hazardous waste in article 3 of this chapter only upon determining that:
(1) a waste that exhibits the characteristic may:
(A) cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(B) pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and
(2) the characteristic can be:
(A) measured by an available standardized test method which is reasonably within the capability of generators of waste or private sector laboratories that are certified by the Department pursuant to Chapter 44 of this division and available to serve generators of waste; or
(B) reasonably detected by generators of waste through their knowledge of their waste.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.10. 
  
 



s 66261.20. General.
 (a) A waste, as defined in section 66261.2, which is not excluded from regulation as a hazardous waste pursuant to section 66261.4(b), is a hazardous waste if it exhibits any of the characteristics identified in this article.
(b) A waste which is identified as a hazardous waste pursuant to one or more of the characteristics set forth in section 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23 or 66261.24(a)(1) is assigned the EPA Hazardous Waste Number set forth in this article for each characteristic that is applicable to that waste. These numbers shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and, where applicable, in the recordkeeping and reporting requirements under chapters 12 through 15, 18 and 20 of this division.
(c) Sampling and sample management of wastes and other materials for analysis and testing pursuant to this article shall be in accord with the sampling planning, methodology and equipment, and the sample processing, documentation and custody procedures specified in chapter nine of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11 of this chapter). In addition to the sampling methods in chapter nine of SW-846, the Department will consider samples obtained using any of the other applicable sampling methods specified in Appendix I of this chapter to be representative samples.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.20. 
  

 



s 66261.21. Characteristic of Ignitability.
 (a) A waste exhibits the characteristic of ignitability if representative samples of the waste have any of the following properties:
(1) it is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60 degrees C (140 degrees F), as determined by a Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80 (incorporated by reference, see section 66260.11), or a Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78 (incorporated by reference, see section 66260.11), or as determined by an equivalent test method approved by the Department pursuant to section 66260.21;
(2) it is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard;
(3) it is an ignitable compressed gas as defined in 49 CFR section 173.300  (as amended September 30, 1982) and as determined by the test methods described in that regulation or equivalent test methods approved by the Department pursuant to section 66260.21;
(4) it is an oxidizer as defined in 49 CFR section 173.151 (as amended May 31, 1979).
(b) A waste that exhibits the characteristic of ignitability has the EPA Hazardous Waste Number of D001.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.21. 
  
 



s 66261.22. Characteristic of Corrosivity.
 (a) A waste exhibits the characteristic of corrosivity if representative samples of the waste have any of the following properties:
(1) it is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either the EPA test method for pH or an equivalent test method approved by the Department pursuant to section 66260.21. The EPA test method for pH is specified as Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11);
(2) it is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55<<super>>o C (130<<super>>o F) as determined by the test method specified in NACE Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11) or an equivalent test method approved by the Department pursuant to section 66260.21;
(3) it is not aqueous and, when mixed with an equivalent weight of water, produces a solution having a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using either Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11) or an equivalent test method approved by the Department pursuant to 66260.21;
(4) it is not a liquid and, when mixed with an equivalent weight of water, produces a liquid that corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55<<super>>o C (130<<super>>o F) as determined by the test method specified in NACE Standard TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition and updates (incorporated by reference, see section 66260.11) or an equivalent test method approved by the Department pursuant to 66260.21.
(b) A waste that exhibits the characteristic of corrosivity specified in subsection (a)(1) or (a)(2) of this section has the EPA Hazardous Waste Number of D002.
 
  Note: Authority cited: Sections 25141, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.22. 
  
 



s 66261.23. Characteristic of Reactivity.
 (a) A waste exhibits the characteristic of reactivity if representative samples of the waste have any of the following properties:
(1) it is normally unstable and readily undergoes violent change without detonating;
(2) it reacts violently with water;
(3) it forms potentially explosive mixtures with water;
(4) when mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
(5) it is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
(6) it is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement;
(7) it is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure;
(8) it is a forbidden explosive as defined in 49 CFR section 173.51 (as amended April 20, 1987), or a Class A explosive as defined in 49 CFR section 173.53 (as amended April 5, 1967) or a Class B explosive as defined in 49 CFR section 173.88 (as amended May 19, 1980).
(b) A waste that exhibits the characteristic of reactivity has the EPA Hazardous Waste Number of D003.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.23. 
  
 



s 66261.24. Characteristic of Toxicity.
 (a) A waste exhibits the characteristic of toxicity if representative samples of the waste have any of the following properties:
(1) when using the Toxicity Characteristic Leaching Procedure (TCLP), test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, third edition and Updates (incorporated by reference in section 66260.11 of this division), the extracts from representative samples of the waste contain any of the contaminants listed in Table I of this section at a concentration equal to or greater than the respective value given in that table unless the waste is excluded from classification as a solid waste or hazardous waste or is exempted from regulation pursuant to 40 CFR section 261.4. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purposes of this section;
(A) a waste that exhibits the characteristic of toxicity pursuant to subsection (a)(1) of this section has the EPA Hazardous Waste Number specified in Table I of this section which corresponds to the toxic contaminant causing it to be hazardous;
(B) Table I - Maximum Concentration of Contaminants for the Toxicity Characteristic:
_______________________________________________________________
EPA                                      Chemical
Hazardous                                Abstracts  Regulatory
Waste                                    Service    Level
Number     Contaminant                   Number     Mg/l
_______________________________________________________________
D004       Arsenic                       7440-38-2  5.0
D005       Barium                        7440-39-3  100.0
D018       Benzene                       71-43-2    0.5
D006       Cadmium                       7440-43-9  1.0
D019       Carbon tetrachloride          56-23-5    0.5
D020       Chlordane                     57-74-9    0.03
D021       Chlorobenzene                 108-90-7   100.0
D022       Chloroform                    67-66-3    6.0
D007       Chromium                      7440-47-3  5.0
D023       o-Cresol                      95-48-7    200.0 [FN1]
D024       m-Cresol                      108-39-4   200.0 [FN1]
D025       p-Cresol                      106-44-5   200.0 [FN1]
D026       Cresol                                   200.0 [FN1]
D016       2,4-D                         94-75-7    10.0
D027       1,4-Dichlorobenzene           106-46-7   7.5
D028       1,2-Dichloroethane            107-06-2   0.5
D029       1,1-Dichloroethylene          75-35-4    0.7
D030       2,4-Dinitrotoluene            121-14-2   0.13
D012       Endrin                        72-20-8    0.02
D031       Heptachlor (and its epoxide)  76-44-8    0.008
D032       Hexachlorobenzene             118-74-1   0.13
D033       Hexachlorobutadiene           87-68-3    0.5
D034       Hexachloroethane              67-72-1    3.0
D008       Lead                          7439-92-1  5.0
D013       Lindane                       58-89-9    0.4
D009       Mercury                       7439-97-6  0.2
D014       Methoxychlor                  72-43-5    10.0
D035       Methyl ethyl ketone           78-93-3    200.0
D036       Nitrobenzene                  98-95-3    2.0
D037       Pentachlorophenol             87-86-5    100.0
D038       Pyridine                      110-86-1   5.0 [FN2]
D010       Selenium                      7782-49-2  1.0
D011       Silver                        7440-22-4  5.0
D039       Tetrachloroethylene           127-18-4   0.7
D015       Toxaphene                     8001-35-2  0.5
D040       Trichloroethylene             79-01-6    0.5
D041       2,4,5-Trichlorophenol         95-95-4    400.0
D042       2,4,6-Trichlorophenol         88-06-2    2.0
D017       2,4,5-TP (Silvex)             93-72-1    1.0
D043       Vinyl chloride                75-01-4    0.2
_______________________________________________________________
 
[FN1]1 If o-, m- and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l. 
[FN2]2 Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level .
(2) it contains a substance listed in subsections (a)(2)(A) or (a)(2)(B) of this section at a concentration in milligrams per liter of waste extract, as determined using the Waste Extraction Test (WET) described in Appendix II of this chapter, which equals or exceeds its listed soluble threshold limit concentration or at a concentration in milligrams per kilogram in the waste which equals or exceeds its listed total threshold limit concentration;
(A) Table II - List of Inorganic Persistent and Bioaccumulative Toxic Substances and Their Soluble Threshold Limit Concentration:
(STLC) and Total Threshold Limit Concentration (TTLC) Values.

________________________________________________________________
                                           STLC     TTLC
  Wet-Weight
 Substance [FNa], [FNb]                    mg/l     mg/kg
________________________________________________________________
Antimony and/or antimony compounds         15       500
Arsenic and/or arsenic compounds           5.0      500
Asbestos                                            1.0
                                                    (as percent)
Barium and/or barium compounds (excluding
 barite)                                   100      10,000 [FNc]
Beryllium and/or beryllium compounds       0.75     75
Cadmium and/or cadmium compounds           1.0      100
Chromium (VI) compounds                    5        500
Chromium and/or chromium (III) compounds   5 [FNd]  2,500
Cobalt and/or cobalt compounds             80       8,000
Copper and/or copper compounds             25       2,500
Fluoride salts                             180      18,000
Lead and/or lead compounds                 5.0      1,000
Mercury and/or mercury compounds           0.2      20
Molybdenum and/or molybdenum compounds     350      3,500 [FNe]
Nickel and/or nickel compounds             20       2,000
Selenium and/or selenium compounds         1.0      100
Silver and/or silver compounds             5        500
Thallium and/or thallium compounds         7.0      700
Vanadium and/or vanadium compounds         24       2,400
Zinc and/or zinc compounds                 250      5,000
________________________________________________________________
 
[FNa]a STLC and TTLC values are calculated on the concentrations of the elements, not the compounds. 
[FNb]b In the case of asbestos and elemental metals, the specified concentration limits apply only if the substances are in a friable, powdered or finely divided state. Asbestos includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.In the case of asbestos and elemental metals, the specified concentration limits apply only if the substances are in a friable, powdered or finely divided state. Asbestos includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite.In the case of asbestos and elemental metals, the specified concentration limits apply only if the substances are in a friable, powdered or finely divided state. Asbestos includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, and actinolite. 
[FNc]c excluding barium sulfate. 
[FNd]d If the soluble chromium, as determined by the TCLP set forth in Appendix I of chapter 18 of this division, is less than 5 mg/l, and the soluble chromium, as determined by the procedures set forth in Appendix II of chapter 11, equals or exceeds 560 mg/l and the waste is not otherwise identified as a RCRA hazardous waste pursuant to section 66261.100, then the waste is a non-RCRA hazardous waste. 
[FNe]e Excluding molybdenum disulfide.
(B) Table III - List of Organic Persistent and Bioaccumulative Toxic Substances and Their Soluble Threshold Limit Concentration (STLC) and Total Threshold Limit Concentration (TTLC) Values:

_______________________________________________________
                                      STLC   TTLC
                                             Wet Weight
 Substance                            mg/l   mg/kg
_______________________________________________________
Aldrin                                0.14   1.4
Chlordane                             0.25   2.5
DDT, DDE, DDD                         0.1    1.0
2,4-Dichlorophenoxyacetic acid        10     100
Dieldrin                              0.8    8.0
Dioxin (2,3,7,8-TCDD)                 0.001  0.01
Endrin                                0.02   0.2
Heptachlor                            0.47   4.7
Kepone                                2.1    21
Lead compounds, organic               -      13
Lindane                               0.4    4.0
Methoxychlor                          10     100
Mirex                                 2.1    21
Pentachlorophenol                     1.7    17
Polychlorinated biphenyls (PCBs)      5.0    50
Toxaphene                             0.5    5
Trichloroethylene                     204    2,040
2,4,5-Trichlorophenoxypropionic acid  1.0    10
_______________________________________________________
 
(3) it has an acute oral LD 50  less than 2,500 milligrams per kilogram;
(4) it has an acute dermal LD 50  less than 4,300 milligrams per kilogram;
(5) it has an acute inhalation LC 50  less than 10,000 parts per million as a gas or vapor;
(6) it has an acute aquatic 96-hour LC 50  less than 500 milligrams per liter when measured in soft water (total hardness 40 to 48 milligrams per liter of calcium carbonate) with fathead minnows (Pimephales promelas), rainbow trout (Salmo gairdneri) or golden shiners (Notemigonus crysoleucas) according to procedures described in Part 800 of the "Standard Methods for the Examination of Water and Wastewater (16th Edition)," American Public Health Association, 1985 and "Static Acute Bioassay Procedures for Hazardous Waste Samples," California Department of Fish and Game, Water Pollution Control Laboratory, revised November 1988 (incorporated by reference, see section 66260.11), or by other test methods or test fish approved by the Department, using test samples prepared or meeting the conditions for testing as prescribed in subdivisions (c) and (d) of Appendix II of this chapter, and solubilized, suspended, dispersed or emulsified by the cited procedures or by other methods approved by the Department;
(7) it contains any of the following substances at a single or combined concentration equal to or exceeding 0.001 percent by weight:
(A) 2-Acetylaminofluorene (2-AAF);
(B) Acrylonitrile;
(C) 4-Aminodiphenyl;
(D) Benzidine and its salts;
(E) bis (Chloromethyl) ether (BCME);
(F) Methyl chloromethyl ether;
(G) 1,2-Dibromo-3-chloropropane (DBCP);
(H) 3,3'-Dichlorobenzidine and its salts (DCB);
(I) 4-Dimethylaminoazobenzene (DAB);
(J) Ethyleneimine (EL);
(K) alpha-Naphthylamine (1-NA);
(L) beta-Naphthylamine (2-NA);
(M) 4-Nitrobiphenyl (4-NBP);
(N) N-Nitrosodimethylamine (DMN);
(0) beta-Propiolactone (BPL);
(P) Vinyl chloride (VCM);
(8) it has been shown through experience or testing to pose a hazard to human health or environment because of its carcinogenicity, acute toxicity, chronic toxicity, bioaccumulative properties or persistence in the environment.
(b) A waste containing one or more materials which exhibit the characteristic of toxicity because the materials have the property specified in subsection (a)(5) of this section may be classified as nonhazardous pursuant to section 66260.200 if the waste does not exhibit any other characteristic of this article and is not listed in article 4 of this chapter and its head space vapor contains no such toxic materials in concentrations exceeding their respective acute inhalation LC 50  or their LC LO. The head space vapor of a waste shall be prepared, and two milliliters of it shall be sampled using a five milliliter gas-tight syringe, according to Method 5020 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 2nd edition, U.S. Environmental Protection Agency, 1982 (incorporated by reference, see section 66260.11). The quantity in milligrams of each material, which exhibits the characteristic of toxicity because it has the property specified in subsection (a)(5) of this section, in the sampling syringe shall be determined by comparison to liquid standard solutions according to the appropriate gas chromatographic procedures in Method 8010, 8015, 8020, 8030 or 8240 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11). The concentration of each material in the head space vapor shall be calculated using the following equation:
         QA       29.8ml     1
CA  =  ------  X  ------  X  --------
         MW         mmole      2 X 10 [FN-6]M [FN3]
 

where C (in parts per million) is the concentration of material A in head space vapor, Q (in milligrams) is the quantity of material A in sampling syringe and MW (in milligrams per millimole) is the molecular weight of material A.  Where an acute inhalation LC 50  is not available, an LC 50 measured for another time (t) may be converted  to an eight-hour value with the following equation:
Eight-hour LC 50  = (t/8) x (t-hour LC 50).
(c) A waste containing one or more materials which exhibit the characteristic of toxicity because the materials have either of the properties specified in subsection (a)(3) or (a)(4) of this section may be classified as nonhazardous pursuant to section 66260.200 if the waste does not exhibit any other characteristic of this article and is not listed in article 4 of this chapter and the calculated oral LD 50  of the waste mixture is greater than 2,500 milligrams per kilogram and the calculated dermal LD 50  is greater than 4,300 milligrams per kilogram by the following equation:

where %A x  is the weight percent of each component in the waste mixture and  [FNT]A X  is the acute oral or dermal LD 50  or the acute oral LD LO of each component.
 
  Note: Authority cited: Sections 25141, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.24. 
  
 



s 66261.30. General.
 (a) A waste is a RCRA hazardous waste if it is listed in this article, unless it has been excluded from this list pursuant to 40 CFR sections 260.20 and 260.22 or is categorized as a non-RCRA hazardous waste pursuant to section 66261.101. Wastes shall only be listed in this article if they are listed in 40 CFR Part 261 Subpart D.
(b) The Department will indicate the USEPA Administrator's basis for listing the classes or types of wastes listed in this article by employing one or more of the following Hazard Codes:
Ignitable Waste        (I)
Corrosive Waste        (C)
Reactive Waste         (R)
Acute Hazardous Waste  (H)
Toxic Waste            (T)
 
Appendix VII of this chapter identifies the constituent which caused the USEPA Administrator to list the waste as a Toxic Waste (T) as included in sections 66261.31 and 66261.32.
(c) Each RCRA hazardous waste listed in this article is assigned an EPA Hazardous Waste Number which precedes the name of the waste. This number shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and certain recordkeeping and reporting requirements under chapters 12 through 15, 18, and 20 of this division.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.30. 
  
 



s 66261.31. Hazardous Wastes from Non-Specific Sources.
 (a) The following wastes are listed hazardous wastes from non-specific sources unless they are excluded pursuant to 40 CFR sections 260.20 and 260.22:
EPA            Hazard
  Hazardous
Waste No.    Hazardous Waste            Code
F001.......  the following spent halogenated solvents used in          (T)
             degreasing: Tetrachloroethylene, trichloroethylene,
               methylene chloride, 1,1,1-trichloroethane, carbon
               tetrachloride, and chlorinated fluorocarbons; all
               spent solvent mixtures/blends used in degreasing
               containing, before use, a total of ten percent or more
               (by volume) of one or more of the above halogenated
               solvents or those solvents listed in F002, F004, and
               F005; and still bottoms from the recovery of these
               spent solvents and spent solvent mixtures;
F002.......  the following spent halogenated solvents:            (T)
             tetrachloroethylene, methylene chloride,
               trichloroethylene, 1,1,1-trichloroethane,
               chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane,
               ortho-dichlorobenzene, trichlorofluoromethane, and
               1,1,2-trichloroethane; all spent solvent
               mixtures/blends containing, before use, a total of ten
               percent or more (by volume) of one or more of the
               above halogenated solvents or those listed in F001,
               F004, or F005; and still bottoms from the recovery of
               these spent solvents and spent solvent mixtures;
F003.......  the following spent non-halogenated solvents:            (I)
              [FNa1]
             xylene, acetone, ethyl acetate, ethyl benzene, ethyl
               ether, methyl isobutyl ketone, n-butyl alcohol,
               cyclohexanone, and methanol; all spent solvent
               mixtures/blends containing, before use, only the above
               spent non-halogenated solvents; and all spent solvent
               mixtures/blends containing, before use, one or more of
               the above non-halogenated solvents, and, a total of
               ten percent or more (by volume) of one or more of
               those solvents listed in F001, F002, F004, and F005;
               and still bottoms from the recovery of these spent
               solvents and spent solvent mixtures;
F004.......  the following spent non-halogenated solvents:            (T)
             cresols and cresylic acid, and nitrobenzene; all spent
               solvent mixtures/blends containing, before use, a
               total of ten percent or more (by volume) of one or
               more of the above non-halogenated solvents or those
               solvents listed in F001, F002, and F005; and still
               bottoms from the recovery of these spent solvents and
               spent solvent mixtures;
F005.......  the following spent non-halogenated solvents:            (I,T)
             toluene, methyl ethyl ketone, carbon disulfide,
               isobutanol, pyridine, benzene, 2-ethoxyethanol, and
               2-nitropropane; all spent solvent mixtures/blends
               containing, before use, a total of ten percent or more
               (by volume) of one or more of the above
               non-halogenated solvents or those solvents listed in
               F001, F002, or F004; and still bottoms from the
               recovery of these spent solvents and spent solvent
               mixtures;
F006.......  wastewater treatment sludges from electroplating          (T)
             operations except from the following processes: (1)
               sulfuric acid anodizing of aluminum; (2) tin plating
               on carbon steel; (3) zinc plating (segregated basis)
               on carbon steel; (4) aluminum or zinc-aluminum plating
               on carbon steel; (5) cleaning/stripping associated
               with tin, zinc and aluminum plating on carbon steel;
               and (6) chemical etching and milling of aluminum;
F007.......  spent cyanide plating bath solutions from            (R,T)
             electroplating operations;
F008.......  plating bath residues from the bottom of plating          (R,T)
             baths from electroplating operations where cyanides are
               used in the process;
F009.......  spent stripping and cleaning bath solutions from          (R,T)
             electroplating operations where cyanides are used in the
               process;
F010.......  quenching bath residues from oil baths from metal         (R,T)
             heat treating operations where cyanides are used in the
               process;
F011.......  spent cyanide solutions from salt bath pot            (R,T)
             cleaning from metal heat treating operations;
F012.......  quenching waste water treatment sludges from            (T)
             metal heat treating operations where cyanides are used
               in the process;
F019.......  wastewater treatment sludges from the chemical            (T)
             conversion coating of aluminum except from zirconium
               phosphating in aluminum can washing when such
               phosphating is an exclusive conversion coating
               process;
F020.......  wastes (except wastewater and spent carbon from           (H) H)
             hydrogen chloride purification) from the production or
               manufacturing use (as a reactant, chemical
               intermediate, or component in a formulating process)
               of tri- or tetrachlorophenol, or of intermediates used
               to produce their pesticide derivatives; (This listing
               does not include wastes from the production of
               Hexachlorophene from highly purified
               2,4,5-trichlorophenol.)
F021.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the production or
               manufacturing use (as a reactant, chemical
               intermediate, or component in a formulating process)
               of pentachlorophenol, or of intermediates used to
               produce its derivatives;
F022.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the manufacturing
               use (as a reactant, chemical intermediate, or
               component in a formulating process) of tetra-, penta-,
               or hexachlorobenzenes under alkaline conditions;
F023.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the production of
               materials on equipment previously used for the
               production or manufacturing use (as a reactant,
               chemical intermediate, or component in a formulating
               process) of tri- and tetrachlorophenols; (This listing
               does not include wastes from equipment used only for
               the production or use of Hexachlorophene from highly
               purified 2,4,5-trichlorophenol.)
F024.......  process wastes, including but not limited to,            (T)
             distillation, residues, heavy ends, tars, and reactor
               clean-out wastes, from the production of certain
               chlorinated aliphatic hydrocarbons by free radical
               catalyzed processes. These chlorinated aliphatic
               hydrocarbons are those having carbon chain lengths
               ranging from one to and including five, with varying
               amounts and positions of chlorine substitution; (This
               listing does not include wastewaters, wastewater
               treatment sludges, spent catalysts, and wastes listed
               in section 66261.31 or 66261.32.)
F025.......  condensed light ends, spent filters and filter aids,      (T)
             and spent dessicant wastes from the production of
               certain chlorinated aliphatic hydrocarbons, by free
               radical catalyzed processes. These chlorinated
               aliphatic hydrocarbons are those having carbon chain
               lengths ranging from one to and including five, with
               varying amounts and positions of chlorine
               substitution;
F026.......  wastes (except wastewater and spent carbon from           (H)
             hydrogen chloride purification) from the production of
               materials on equipment previously used for the
               manufacturing use (as a reactant, chemical
               intermediate, or component in a formulating process)
               of tetra-, penta-, or hexachlorobenzene under alkaline
               conditions;
F027.......  discarded unused formulations containing tri-,            (H)
             tetra-, or pentachlorophenol or discarded unused
               formulations containing compounds derived from these
               chlorophenols; (This listing does not include
               formulations containing Hexachlorophene synthesized
               from prepurified 2,4,5-trichlorophenol as the sole
               component.)
F028.......  residues resulting from the incineration or            (T)
             thermal treatment of soil contaminated with EPA
               Hazardous Waste Nos. F020, F021, F022, F023, F026, and
               F027; F032 wastewaters (except those that have not
               come into (T) contact with process contaminants),
               process residuals, preservative drippage, and spent
               formulations from wood preserving processes generated
               at plants that currently use or have previously used
               chlorophenolic formulations (except potentially
               cross-contaminated wastes that have had the F032 waste
               code deleted in accordance with section 66261.35 of
               this chapter or potentially cross-contaminated wastes
               that are otherwise currently regulated as hazardous
               wastes (i.e., F034 or F035), and where the generator
               does not resume or initiate use of chorophenolic
               formulations). This listing does not include K001
               bottom sediment sludge from the treatment of waste
               water from wood preserving processes that use creosote
               and/or pentachlorophenol;
F034.......  Wastewaters (except those that have not come into         (T)
             contact with process contaminants), process residuals,
               preservative drippage, and spent formulations from
               wood preserving processes generated at plants that use
               creosote formulations. This listing does not include
               K001 bottom sediment sludge from the treatment of
               wastewater from wood preserving processes that use
               creosote and/or pentachlorophenol;
F035.......  Wastewaters (except those that have not come into         (T)
             contact with process contaminants), process residuals,
               preservative drippage, and spent formulations from
               wood preserving processes generated at plants that use
               inorganic preservatives containing arsenic or
               chromium. This listing does not include K001 bottom
               sediment sludge from the treatment of wastewater from
               wood preserving processes that use creosote and/or
               pentachlorophenol.
F037.......  petroleum refinery primary oil/water/solids            (T)
             separation sludge - any sludge generated from the
               gravitational separation of oil/water/solids during
               the storage or treatment of process wastewaters and
               oily cooling wastewaters from petroleum refineries.
               Such sludges include, but are not limited to, those
               generated in: oil/water/solids separators; tanks and
               impoundments; ditches and other conveyances; sumps;
               and stormwater units receiving dry weather flow.
               Sludges generated in stormwater units that do not
               receive dry weather flow, sludges generated from
               non-contact once-through cooling waters segregated for
               treatment from other process or oily cooling waters,
               sludges generated in aggressive biological treatment
               units as defined in section 66261.31(b)(2) (including
               sludges generated in one or more additional units
               after wastewaters have been treated in aggressive
               biological treatment units) and K051 wastes are not
               included in this listing.
F038.......  petroleum refinery secondary (emulsified)            (T)
             oil/water/solids separation sludge - any sludge and/or
               float generated from the physical and/or chemical
               separation of oil/water/solids in process wastewaters
               and oily cooling wastewaters from petroleum
               refineries. Such wastes include, but are not limited
               to, all sludges and floats generated in: induced air
               flotation (IAF) units; tanks and impoundments; and all
               sludges generated in dissolved air flotation (DAF)
               units. Sludges generated in stormwater units that do
               not receive dry weather flow, sludges generated from
               non-contact once-through cooling waters segregated for
               treatment from other process or oily cooling waters,
               sludges and floats generated in aggressive biological
               treatment units as defined in section 66261.31(b)(2)
               (including sludges and floats generated in one or more
               additional units after wastewaters have been treated
               in aggressive biological treatment units) and F037,
               K048, and K051 wastes are not included in this
               listing.
F039.......  leachate (liquids that have percolated through            (T)
             land disposed wastes) resulting from the disposal of
               more than one restricted waste classified as hazardous
               under article 4 of this chapter. (Leachate resulting
               from the disposal of one or more of the following EPA
               Hazardous Wastes and no other hazardous wastes retains
               its EPA hazardous waste number(s): F020, F021, F022,
               F026, F027, and/or F028.)
 
[FNa1] (I) specifies mixtures containing ignitable constituents. 
[FNa2] (I,T) specifies mixtures containing ignitable and toxic constituents.
(b) Listing Specific Definitions:
(1) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.
(2)(A) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and:
1. The unit employs a minimum of six horsepower per million gallons of treatment volume; and
2. a. The hydraulic retention time of the unit is no longer than five days; or
b. The hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.
(B) Generators and treatment, storage and disposal facilities have the burden of proving that sludges generated or managed by the generator or facility are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage anddisposal facilities shall maintain, in the facility operating or other onsite records, documents and data sufficient to prove that:
1. The unit is an aggressive biological treatment unit as defined in this subsection; and
2. The sludges sought to be exempted from the definitions of F037 and/or F038 wastes were actually generated in the aggressive biological treatment unit.
(3)(A) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
(B) For the purposes of the F038 listing:
1. Sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement; and
2. Floats are considered to be generated at the moment of formation in the top of the unit.
 
  Note: Authority cited: Section 58012, Governor's Reorganizational Plan Number 1 of 1991; and sections 25140, 25141, 25150, 25159, 25159.5 and 25179.6, Health and Safety Code. Reference: Sections 25117, 25120.2, 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 261.31. 
  
 



s 66261.32. Hazardous Wastes from Specific Sources.
The following wastes are listed hazardous wastes from specific sources unless they are excluded pursuant to 40 CFR sections 260.20 and 260.22:
_______________________________________________________________________________
Industry and EPA
Hazardous              Hazard
Waste No.                             Hazardous Waste              Code
_______________________________________________________________________________
Wood preservation:
K001................................  bottom sediment sludge from the    (T)
                                        treatment of
wastewaters from wood preserving
  processes that use creosote and/or
  pentachlorophenol;
Inorganic pigments:
K002................................  wastewater treatment sludge from   (T)
                                        the production
of chrome yellow and orange
  pigments;
K003................................  wastewater treatment sludge from   (T)
                                        the production
of molybdate orange pigments;
K004................................  wastewater treatment sludge from   (T)
                                        the production
of zinc yellow pigments;
K005................................  wastewater treatment sludge from   (T)
                                        the production
of chrome green pigments;
K006................................  wastewater treatment sludge from   (T)
                                        the production
of chrome oxide green pigments
  (anhydrous and hydrated);
K007................................  wastewater treatment sludge from   (T)
                                        the production
of iron blue pigments;
K008................................  oven residue from the production   (T)
                                        of chrome oxide
green pigments;
 
Organic chemicals:
K009 distillation bottoms from the production of (T)
 acetaldehyde from ethylene;
 K010 distillation side cuts from the production of (T)
 acetaldehyde from ethylene;
 K011 bottom stream from the wastewater stripper in the (R,T)
 production of acrylonitrile;
 K013 bottom stream from the acetonitrile column in the (R,T)
 production of acrylonitrile;
 K014 bottoms from the acetonitrile purification column (T)
 in the production of acrylonitrile;
 K015 still bottoms from the distillation of benzyl (T)
 chloride;
 K016 heavy ends or distillation residues from the (T)
 production of carbon tetrachloride;
 K017 heavy ends (still bottoms) from the purification (T)
 column in the production of epichlorohydrin;
 K018 heavy ends from the fractionation column in ethyl (T)
 chloride production;
 K019 heavy ends from the distillation of ethylene (T)
 dichloride in ethylene dichloride production;
 K020 heavy ends from the distillation of vinyl chloride (T)
 in vinyl chloride monomer production;
 K021 aqueous spent antimony catalyst waste from (T)
 fluoromethanes production;
 K022 distillation bottom tars from the production of (T)
 phenol/acetone from cumene;
 K023 distillation light ends from the production of (T)
 phthalic anhydride from naphthalene;
 K024 distillation bottoms from the production of (T)
 phthalic anhydride from naphthalene;
 K093 distillation light ends from the production of (T)
 phthalic anhydride from ortho-xylene;
 K094 distillation bottoms from the production of (T)
 phthalic anhydride from ortho-xylene;
 K025 distillation bottoms from the production of (T)
 nitrobenzene by the nitration of benzene;
 K026 stripping still tails from the production of (T)
 methyl ethyl pyridines;
 K027 centrifuge and distillation residues from toluene (R,T)
 diisocyanate production;
 K028 spent catalyst from the hydrochlorinator reactor (T)
 in the production of 1,1,1-trichloroethane;
 K029 waste from the product steam stripper in the (T)
 production of 1,1,1-trichloroethane;
 K095 distillation bottoms from the production of (T)
 1,1,1-trichloroethane;
 K096 heavy ends from the heavy ends column from the (T)
 production of 1,1,1-trichloroethane;
 K030 column bottoms or heavy ends from the combined (T)
 production of trichloroethylene and perchloroethylene;
 K083 distillation bottoms from aniline production; (T)
 K103 process residues from aniline extraction from (T)
 the production of aniline;
K104 combined wastewater streams generated from (T)
 nitrobenzene/aniline production;
 K085 distillation or fractionation column bottoms from (T)
 the production of chlorobenzenes;
 K105 separated aqueous stream from the reactor product (T)
 washing step in the production of chlorobenzenes;
 K107 column bottoms from product separation (C,T)
 from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazines;
 K108 condensed column overheads from product (I,T)
 separation and condensed reactor vent gases from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides;
 K109 spent filter cartridges from product (T)
 purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides;
 K110 condensed column overheads from intermediate (T)
 separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides;
 K111 product washwaters from the production of (C,T)
 dinitrotoluene via nitration of toluene;
 K112 reaction by-product water from the drying column (T)
 in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K113 condensed liquid light ends from the purification (T)
 of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K114 vicinals from the purification of toluenediamine (T)
 in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K115 heavy ends from the purification of toluenediamine (T)
 in the production of toluenediamine via hydrogenation of dinitrotoluene;
 K116 organic condensate from the solvent recovery (T)
 column in the production of toluene diisocyanate via phosgenation of toluenediamine;
 K117 wastewater from the reactor vent gas scrubber in (T)
 the production of ethylene dibromide via bromination of ethylene;
 K118 spent absorbent solids from purification of (T)
 ethylene dibromide in the production of ethylene dibromide via bromination of ethylene;
 K136 still bottoms from the purification of ethylene (T)
 dibromide in the production of ethylene dibromide via bromination of ethylene;
 K149 Distillation bottoms from the production of (T)
 alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. (This waste does not include still bottoms from the distillation of benzyl chloride).
 K150 Organic residuals, excluding spent carbon (T)
 adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring- chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.
 K151 Wastewater treatment sludges, excluding (T)
 neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.
 K156 Organic waste (including heavy ends, still (T)
 bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)
 K157 Wastewaters (including scrubber waters, (T)
 condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.).
 K158 Bag house dusts and filter/separation solids (T)
from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.).
 K159 Organics from the treatment of thiocarbamate (T)
 wastes.
 K161 Purification solids (including filtration, (T)
 evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiorcarbamate acids and their salts. (This listing does not include K125 or K126.)
 K174 Wastewater treatment sludges from the (T)
 production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (i) they are disposed of in a RCRA subtitle C or non-hazardous landfill licensed or permitted by the state or federal government; (ii) they are not otherwise placed on the land prior to final disposal; and (iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of this division must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they must provide appropriate documentation (e.g., contracts between the generator and the landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met.
 K175 Wastewater treatment sludges from the T
 production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.
Inorganic chemicals:
 K071 brine purification muds from the mercury cell (T)
 process in chlorine production, where separately prepurified brine is not used;
 K073 chlorinated hydrocarbon waste from the (T)
 purification step of the diaphragm cell process using graphite anodes in chlorine production;
 K106 wastewater treatment sludge from the mercury cell (T)
 process in chlorine production;
Pesticides: K031 by-product salts generated in the production of (T)
 MSMA and cacodylic acid;
 K032 wastewater treatment sludge from the production (T)
 of chlordane;
 K033 wastewater and scrub water from the chlorination (T)
 of cyclopentadiene in the production of chlordane;
 K034 filter solids from the filtration of (T)
 hexachlorocyclopentadiene in the production of chlordane;
 K097 vacuum stripper discharge from the chlordane (T)
 chlorinator in the production of chlordane;
 K035 wastewater treatment sludges generated in the (T)
 production of creosote;
 K036 still bottoms from toluene reclamation (T)
 distillation in the production of disulfoton;
 K037 wastewater treatment sludges from the production (T)
of disulfoton;
 K038 wastewater from the washing and stripping of (T)
 of disulfoton;
 K039 filter cake from the filtration of (T)
 diethylphosphorodithioic acid in the production of phorate;
 K040 wastewater treatment sludge from the production (T)
 of phorate;
 K041 wastewater treatment sludge from the production (T)
 of toxaphene;
 K098 untreated process wastewater from the production (T)
of toxaphene;
 K042 heavy ends or distillation residues from the (T)
 distillation of tetrachlorobenzene in the production of 2,4,5-T;
 K043 2,6-Dichlorophenol waste from the production (T)
of 2,4-D;
K099 untreated wastewater from the production (T)
of 2,4-D;
K123 process wastewater (including supernates, (T)
 filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salt;
 K124 reactor vent scrubber water from the production (C,T)
 of ethylenebisdithiocarbamic acid and its salts;
 K125 filtration, evaporation, and centrifugation (T)
 solids from the production of ethylenebisdithiocarbamic acid and its salts;
 K126 baghouse dust and floor sweepings in milling and (T)
 packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts;
 K131 wastewater from the reactor and spent sulfuric acid (C,T)
 from the acid dryer from the production of methyl bromide;
 K132 spent absorbent and wastewater separator solids (T)
 from the production of methyl bromide;
Explosives:
 K044 wastewater treatment sludges from the (R)
 manufacturing and processing of explosives;
 K045 spent carbon from the treatment of wastewater (R)
 containing explosives;
 K046 wastewater treatment sludges from the (T)
 manufacturing, formulation and loading of lead-based initiating compounds;
 K047 pink/red water from TNT operations; (R)
Petroleum refining:
 K048 dissolved air flotation (DAF) float from the (T)
 petroleum refining industry;
 K049 slop oil emulsion solids from the petroleum (T)
 refining industry;
 K050 heat exchanger bundle cleaning sludge from the (T)
 petroleum refining industry;
 K051 API separator sludge from the petroleum refining (T)
 industry;
 K052 tank bottoms (leaded) from the petroleum refining (T)
 industry;
Iron and steel:
 K061 emission control dust/sludge from the primary (T)
 production of steel in electric furnaces;
 K062 spent pickle liquor generated by steel finishing (C,T)
 operations of facilities within the iron and steel industry (SIC Codes 331 and 332);
Primary copper:
 K064 acid plant blowdown slurry/sludge resulting from (T)
 the thickening of blowdown slurry from primary copper production;
Primary lead:
 K065 surface impoundment solids contained in and (T)
dredged from surface impoundments at primary lead smelting facilities;
Primary zinc:
K066 sludge from treatment of process wastewater (T)
and/or acid plant blowdown from primary zinc production;
Primary aluminum:
 K088 spent potliners from primary aluminum reduction; (T)
Ferro alloys:
 K090 emission control dust or sludge from (T)
 ferrochromium-silicon production;
 K091 emission control dust or sludge from (T)
 ferrochromium production;
Secondary lead:
 K069 emission control dust/sludge from secondary lead (T)
 smelting; (Note, this listing has been stayed administratively for sludge generated from secondary acid scrubber systems. The stay will remain in effect until further administrative action is taken. Further administrative action will be taken after the U.S. EPA publishes a notice of action in the /Federal Register and the Department adopts regulations making this listing effective.)
 K100 waste leaching solution from acid leaching of (T)
 emission control dust/sludge from secondary lead smelting;
Veterinary pharmaceuticals:
 K084 wastewater treatment sludges generated during the (T)
 production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
 K101 distillation tar residues from the distillation (T)
 of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
 K102 residue from the use of activated carbon for (T)
 decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
Ink formulation:
 K086 solvent washes and sludges, caustic washes and (T)
 sludges, or water washes and sludges from cleaning tubs and  equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead;
Coking:
 K060 ammonia still lime sludge from coking operations; (T)
K087 decanter tank tar sludge from coking operations. (T)
K141 process residues from the recovery of coat tar, (T)
 including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations).
K142 tar storage tank residues from the production of (T)
 coke from the coal or from the recovery of coke by-products produced from coal.
K143 process residues from the recovery of light oil, (T)
 including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal.
K144 wastewater sump residues from light oil refining, (T)
 including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal.
K145 residues from naphthalene collection and recovery (T)
 operations from the recovery of coke by-products produced from coal.
K147 tar storage tank residues from coal tar refining. (T)
K148 residues from coal tar distillation, including but (T)
 not limited to, still bottoms.
 
  Note: Authority cited: Sections 25150, 25159, 25170, 25250.22 and  58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25150, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.32. 
  
 



s 66261.33. Discarded Commercial Chemical Products, Off-Specification Species, Container Residues, and Spill Residues Thereof.
The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in section 66261.2(b):
(a) any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in subsection (e) or (f) of this section. The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . ." refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in subsection (e) or (f) of this section. Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in subsection (e) or (f) of this section, such waste will be listed in either section 66261.31 or 66261.32 or will be identified as a hazardous waste by the characteristics set forth in article 3 of this chapter;
(b) any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in subsection (e) or (f) of this section;
(c) any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in subsections (e) or (f) of this section, unless the container is empty as defined in section 66261.7(b) of this chapter;
(d) any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in subsection (e) or (f) of this section, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in subsection (e) or (f) of this section;
(e) the following commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in subsections (a) through (d) of this section, are Acute Hazardous Wastes (H). The primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity. These wastes and their corresponding EPA hazardous waste numbers are:
 
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EPA
Hazardous  Chemical
Waste No.  Abstracts No.  Substances
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P023       107-20-0
P002       591-08-2
P057       640-19-7
P058       62-74-8
P002       591-08-2
P003       107-02-8
P070       116-06-3
P023       1646-88-4
P004       309-00-2
P005       107-18-6
P006       20859-73-8
P007       2763-96-4
P008       504-24-5
P009       131-74-8
P119       7803-55-6
P099       506-61-6
P010       7778-39-4
P012       1327-53-3
P011       1303-28-2
P011       1303-28-2
P012       1327-53-3
P038       692-42-2
P036       696-28-6
P054       151-56-4
P067       75-55-8
P013       542-62-1
P024       106-47-8
P077       100-01-6
P028       100-44-7
P042       51-43-4
           (methylamino)ethyl]-, (R)-
P046       122-09-8
           dimethyl-
P014       108-98-5
P127       1563-66-2
           dimethyl-, methylcarbamate.
P188       57-64-7
           with (3aS-cis)-1,2,3,3a,8,
           8a-hexahydro-1,3a,8-trimethyl-
           pyrrolo [2,3-b]indol-
           5-yl methylcarbamate ester (1:1).
P001

           (3-oxo-1-phenylbutyl)-, and salts
           when present at concentrations
           greater than 0.3
P028       100-44-7
P015       7440-41-7
P017       598-31-2
P018       357-57-3
P045       39196-18-4
           (methylthio)-, o-[(methylamino)
           carbonyl] oxime
P021       592-01-8
P189       55285-14-8
           thio]methyl-,2,3-dihydro-2,2-
           dimethyl- 7-benzofuranyl ester
P191       644-64-4
           [(dimethyl-amino)carbonyl]-
           5-methyl-1H-pyrazol-3-yl ester.
P192       119-38-0
           (1-methylethyl)-1H-pyrazol-5-yl ester.
P190       1129-41-5
           ester.
P127       1536-66-2
P022       75-15-0
P095       75-44-5
P189       55285-14-8
P023       107-20-0
P024       106-47-8
P026       5344-82-1
P027       542-76-7
P029       544-92-3
P202       64-00-6
P030
           otherwise specified
P031       460-19-5
P033       506-77-4
P034       131-89-5
P016       542-88-1
P036       696-28-6
P037       60-57-1
P038       692-42-2
P041       311-45-5
P040       297-97-2
P043       55-91-4
P004       309-00-2
           10,10-hexachloro-1,4,4a,5,8,8a-
           hexahydro-,(1alpha,4alpha,4abeta,
           5alpha,8alpha,8abeta)-
P060       465-73-6
           1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-
           hexahydro-, (1alpha,4alpha,4abeta,
           5beta,8beta,8abeta)-
P037       60-57-1
           rene,3,4,5,6,9,9-hexachloro-
           la,2,2a,3,6,6a,7,7a-octahydro-,
           (1aalpha,2beta,2aalpha,3beta,6beta,6a
           alpha, 7beta,7aalpha)-
P051
           3,4,5,6,9,9-hexachloro-
           1a,2,2a,3,6,6a,7,7a- octahydro-,
           (1aalpha,2beta,2abeta,3alpha,6
           alpha,6abeta,7beta,7aalpha)-, and
           metabolites
P191       644-64-4
P044       60-51-5
P046       122-09-8
P047
P048       51-28-5
P020       88-85-7
P085       152-16-9
P111       107-49-3
P039       298-04-4
P049       541-53-7
P185       26419-73-8
           dimethyl-, O-[(methylamino)-
           carbonyl]oxime.
P050       115-29-7
P088       145-73-3
P051       72-20-8
P051       72-20-8
P042       51-43-4
P031       460-19-5
P066       16752-77-5
           carbonyl] oxy]-, methyl ester
P194       23135-22-0
           N-[[(methylamino) carbonyl]oxy]-2-
           oxo-, methyl ester.
P101       107-12-0
P054       151-56-4
P097       52-85-7
P056       7782-41-4
P057       640-19-7
P058       62-74-8
P198       23422-53-9
P197       17702-57-7
P065       628-86-4
P059       76-44-8
P062       757-58-4
P116       79-19-6
P068       60-34-4
P063       74-90-8
P063       74-90-8
P096       7803-51-2
P060       465-73-6
P192       119-38-0
P202       64-00-6
P007       2763-96-4
P196       15339-36-3

           -S,S')-,
P196       15339-36-3
P092       62-38-4
P065       628-86-4
P082       62-75-9
P064       624-83-9
P016       542-88-1
P112       509-14-8
P118       75-70-7
P198       23422-53-9
           [3-[[(methylamino)-carbonyl]oxy]
           phenyl]-, monohydrochloride.
P197       17702-57-7
           methyl-4-[[methylamino)carb onyl]oxy]
           phenyl]-
P050       115-29-7

           pen,6,7,8,9,10,10 -hexachloro-
           1,5,5a,6,9,9a-hexahydro-, 3-oxide
P059       76-44-8
           heptachloro- 3a,4,7,7a-tetrahydro-
P199       2032-65-7
P066       16752-77-5
P068       60-34-4
P064       624-83-9
P069       75-86-5
P071       298-00-0
P190       1129-41-5
P128       315-8-4
P072       86-88-4
P073       13463-39-3
P074       557-19-7
P075
P076       10102-43-9
P077       100-01-6
P078       10102-44-0
P076       10102-43-9
P078       10102-44-0
P081       55-63-0
P082       62-75-9
P084       4549-40-0
P085       152-16-9
P087       20816-12-0
P087       20816-12-0
P088       145-73-3
           dicarboylic acid
P194       23135-22-0
P089       56-38-2
P034       131-89-5
P048       51-28-5
P047
P020       88-85-7
P009       131-74-8

P128       315-18-4
           methylcarbamate (ester).
P199       2032-65-7
           methylcarbamate
P202       64-00-6
           carbamate.
P201       2631-37-0
           methyl carbamate
P092       62-38-4
P093       103-85-5
P094       298-02-2
P095       75-44-5
P096       7803-51-2
P041       311-45-5
P039       298-04-4

           S-[2-(ethylthio)ethyl] ester
P094       298-02-2
           S- [(ethylthio)methyl] ester
P044       60-51-5
           S-[2 -(methylamino)-2-oxoethyl] ester
P043       55-91-4
           methylethyl) ester
P089       56-38-2
           (4-nitrophenyl) ester
P040       297-97-2
           O-pyrazinyl ester
P097       52-85-7
           no) sulfonyl]phenyl] O,O-dimethyl ester
P071       298-00-0

           0-(4-nitrophenyl) ester
P204       57-47-6
P188       57-64-7
P110       78-00-2
P098       151-50-8
P099       506-61-6
P201       2631-37-0
P070       116-06-3
           0- [(methylamino)carbonyl]oxime
P203       1646-88-4
           O-[(methylamino)carbonyl] oxime.
P101       107-12-0
P027       542-76-7
P069       75-86-5
P081       55-63-0
P017       598-31-2
P102       107-19-7
P003       107-02-8
P005       107-18-6
P067       75-55-8
P102       107-19-7
P008       504-24-5
P075       54-11-5
           pyrrolidinyl)-, (S) and salts
P204       57-47-6
           hexahydro-1,3a,8-trimethyl-,
           methylcarbamate (ester), (3aS-cis)-.
P114       12039-52-0
P103       630-10-4
P104       506-64-9
P105       26628-22-8
P106       143-33-9
P108
P018       357-57-3
P108
P115       7446-18-6
P109       3689-24-5
P110       78-00-2
P111       107-49-3
P112       509-14-8
P062       757-58-4
P113       1314-32-5
P113       1314-32-5
P114       12039-52-0
P115       7446-18-6
P109       3689-24-5
P045       39196-18-4
P049       541-53-7
           [(H
P014       108-98-5
P116       79-19-6
P026       5344-82-1
P072       86-88-4
P093       103-85-5
P185       26419-73-8
P123       8001-35-2
P118       75-70-7
P119       7803-55-6
P120       1314-62-1
P120       1314-62-1
P084       4549-40-0
P00l
           trations greater than 0.3%
P205       137-30-4
           S,S')-,
P121       557-21-1
P122       1314-84-7
           concentrations greater than 10% (R,T)
P205       137-30-4
[FN1] CAS Number given for parent compound only.
1...+...10....+...20....+...30....+...40....+...50.
 
*******************************************************************************
******* This is piece 5. -- It begins at character 52 of table line 6. ********
*******************************************************************************
 
 Acetaldehyde, chloro-
 Acetamide,
   N-(aminothioxomethyl)-
 Acetamide, 2-fluoro-
 Acetic acid, fluoro-, sodium
   salt
 1-Acetyl-2-thiourea
 Acrolein
 Aldicarb
 Aldicarb sulfone
 Aldrin
 Allyl alcohol
 Aluminum phosphide (R,T)
 5-(Aminomethyl)-3-isoxazolol
 4-Aminopyridine
 Ammonium picrate (R)
 Ammonium vanadate
 Argentate (1-), bis
   (cyano-C)-, potassium
 Arsenic acid H
 Arsenic oxide As
 Arsenic oxide As
 Arsenic pentoxide
 Arsenic trioxide
 Arsine, diethyl
 Arsonous dichloride, phenyl-
 Aziridine
 Aziridine, 2-methyl-
 Barium cyanide
 Benzenamine, 4-chloro-
 Benzenamine, 4-nitro-
 Benzene, (chloromethyl)-
 1,2-Benzenediol,
   4-[1-hydroxy-2-
 Benzeneethanamine,
   alpha,alpha-

 Benzenethiol
 7-Benzofuranol,
   2,3-dihydro-2,2-
 Benzoic acid, 2-hydroxy-,
   compd.

 2H-1-Benzopyran-2-one,4-hydro-
   xy-3-
 Benzyl chloride
 Beryllium powder
 Bromoacetone
 Brucine
 2-Butanone, 3,3-dimethyl-1-

 Calcium cyanide Ca(CN)
 Carbamic acid,
   [(dibutylamino)-
 Carbamic acid, dimethyl-,1-
 Carbamic acid, dimethyl-,
   3-methyl-1-
 Carbamic acid, methyl-,
   3-methylphenyl
 Carbofuran
 Carbon disulfide
 Carbonic dichloride
 Carbosulfan
 Chloroacetaldehyde
 p-Chloroaniline
 1-(o-Chlorophenyl) thiourea
 3-Chloropropionitrile
 Copper cyanide Cu(CN)
 m-Cumenyl methylcarbamate.
 Cyanides (soluble cyanide
   salts), not
 Cyanogen
 Cyanogen chloride (CN)Cl
 2-Cyclohexyl-4,6-dinitrophenol
 Dichloromethyl ether
 Dichlorophenylarsine
 Dieldrin
 Diethylarsine
 Diethyl-p-nitrophenyl
   phosphate
 O,O-Diethyl O-pyrazinyl
   phosphorothioate
 Diisopropyl fluorophosphate
   (DFP)
 1,4,5,8-Dimethanonaphthalene,-
   1,2,3,4-,
 1,4,5,8-Dimethanonaphthalene,
 2,7:3,6-Dimethanonaphth[2,3-b-
   ]oxi-

 2,7:3,6-Dimethanonaphth[2,3-b]
   oxirene,


 Dimetilan
 Dimethoate
 alpha,
   alpha-Dimethylphenethylamine
 4,6-Dinitro-o-cresol and salts
 2,4-Dinitrophenol
 Dinoseb
 Diphosphoramide, octamethyl-
 Diphosphoric acid, tetraethyl
   ester
 Disulfoton
 Dithiobiuret
 1,3-Dithiolane-2-carboxaldehy-
   de, 2,4-
 Endosulfan
 Endothall
 Endrin
 Endrin, and metabolites
 Epinephrine
 Ethanedinitrile
 Ethanimidothioic acid,
   N-[(methylamino)
 Ethanimidothioc acid,
   2-(dimethylamino)-
 Ethyl cyanide
 Ethyleneimine
 Famphur
 Fluorine
 Fluoroacetamide
 Fluoroacetic acid, sodium salt
 Formetanate hydrochloride.
 Formparanate
 Fulminic acid, mercury (2+)
   salt (R,T)
 Heptachlor
 Hexaethyl tetraphosphate
 Hydrazinecarbothioamide
 Hydrazine, methyl-
 Hydrocyanic acid
 Hydrogen cyanide
 Hydrogen phosphide
 Isodrin
 Isolan
 3-Isopropylphenyl
   N-methylcarbamate.
 3(2H)-Isoxazolone,
   5-(aminomethyl)-
 Manganese,
   bis(dimethylcarbamodithioato
 Manganese
   dimethyldithiocarbamate.
 Mercury, (acetato-O)phenyl-
 Mercury fulminate (R,T)
 Methanamine,
   N-methyl-N-nitroso-
 Methane, isocyanato-
 Methane, oxybis[chloro-
 Methane, tetranitro- (R)
 Methanethiol, trichloro-
 Methanimidamide,
   N,N-dimethyl-N'-
 Methanimidamide,
   N,N-dimethyl-N'-2[-
 6,9-Methano-2,4,3-benzodioxat-
   hie-
 4,7-Methano-1H-indene,
   1,4,5,6,7,8,8-
 Methiocarb
 Methomyl
 Methyl hydrazine
 Methyl isocyanate
 2-Methyllactonitrile
 Methyl parathion
 Metolcarb
 Mexacarbate
 alpha-Naphthylthiourea
 Nickel carbonyl, Ni(CO)
 Nickel cyanide Ni(CN)
 Nicotine and salts
 Nitric oxide
 p-Nitroaniline
 Nitrogen dioxide
 Nitrogen oxide NO
 Nitrogen oxide NO
 Nitroglycerine (R)
 N-Nitrosodimethylamine
 N-Nitrosomethylvinylamine
 Octamethylpyrophosphoramide
 Osmium oxide OsO, (T-4)-
 Osmium tetroxide
 7-Oxabicyclo[2.2.1]heptane-2,-
   3-
 Oxamyl
 Parathion
 Phenol,
   2-cyclohexyl-4,6-dinitro-
 Phenol, 2,4-dinitro-
 Phenol, 2-methy1-4,6-dinitro-
   and salts
 Phenol, 2-(1-methylpropyl)-4,-
   6-dinitro-
 Phenol, 2,4,6-trinitro-,
   ammonium salt (R)
 Phenol, 4-(dimethylamino)-3,5-
   -dimethyl-,
 Phenol, (3,5-dimethyl-4-(meth-
   ylthio)-,
 Phenol, 3-(1-methylethyl)-,
   methyl

 Phenol,
   3-methyl-5-(1-methylethyl)-,
 Phenylmercury acetate
 Phenylthiourea
 Phorate
 Phosgene
 Phosphine
 Phosphoric acid, diethyl
   4-nitrophenylester
 Phosphorodithioic acid,
   O,O-diethyl
 Phosphorodithioic acid,
   O,O-diethyl
 Phosphorodithioic acid,
   O,O-dimethyl
 Phosphorofluoridic acid,
   bis(1-
 Phosphorothioic acid,
   O,O-diethyl 0-
 Phosphorothioic acid,
   O,O-diethyl
 Phosphorothioic acid, 0-[4-
   [(dimethylami-
 Phosphorothioic acid,
   O,O-dimethyl
 Physostigmine.
 Physostigmine salicylate.
 Plumbane,tetraethyl-
 Potassium cyanide K(CN)
 Potassium silver cyanide
 Promecarb
 Propanal,
   2-methyl-2-(methylthio)-,
 Propanal, 2-methyl-2-(methyl--
   sulfonyl)-,
 Propanenitrile
 Propanenitrile, 3-chloro-
 Propanenitrile,
   2-hydroxy-2-methyl-
 1,2,3-Propanetriol, trinitrate
   (R)
 2-Propanone, 1-bromo-
 Propargyl alcohol
 2-Propenal
 2-Propen-1-ol
 1,2-Propylenimine
 2-Propyn-1-ol
 4-Pyridinamine
 Pyridine, 3-(1-methyl-2-
 Pyrrolo[2,3-b]indol-5-ol,
   1,2,3,3a,8,8a-
 Selenious acid, dithallium
   (1+) salt
 Selenourea
 Silver cyanide Ag(CN)
 Sodium azide
 Sodium cyanide Na(CN)
 Strychnidin-10-one, and salts
 Strychnidin-10-one,
   2,3-dimethoxy-
 Strychnine and salts
 Sulfuric acid, dithallium (1+)
   salt
 Tetraethyldithiopyrophosphate
 Tetraethyl lead
 Tetraethyl pyrophosphate
 Tetranitromethane (R)
 Tetraphosphoric acid,
   hexaethyl ester
 Thallic oxide
 Thallium oxide Tl
 Thallium (I) selenite
 Thallium (I) sulfate
 Thiodiphosphoric acid,
   tetraethyl ester
 Thiofanox
 Thioimidodicarbonic diamide
 Thiophenol
 Thiosemicarbazide
 Thiourea, (2-chlorophenyl)-
 Thiourea, 1-naphthalenyl-
 Thiourea, phenyl-
 Tirpate
 Toxaphene
 Trichloromethanethiol
 Vanadic acid, ammonium salt
 Vanadium oxide V
 Vanadium pentoxide
 Vinylamine,
   N-methyl-N-nitroso-
 Warfarin, and salts, when
   present at concen-
 Zinc, bis(dimethylcarbamodith-
   ioato-
 Zinc cyanide Zn(CN)
 Zinc phosphide Zn
 Ziram
52.....60....+...70....+...80..
 
(f) the following commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in subsections (a) through (d) of this section, are Toxic Wastes (T). The primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity. These wastes and their corresponding EPA Hazardous Waste Numbers are:
U394     30558-43-1                            A2213
U001     75-07-0                               Acetaldehyde (I)
U034     75-87-6                               Acetaldehyde, trichloro-
U187     62-44-2                               Acetamide, N-(4-ethoxyphenyl)-
U005     53-96-3                               Acetamide, N-9H-fluoren-2-yl
U240     1 94-75-7                             Acetic acid,
  (2-4-dichlorophenoxy)-,
         salts and esters
U112     141-78-6                              Acetic acid, ethyl ester (I)
U144     301-04-2                              Acetic acid, lead (2+) salt
U214     563-68-8                              Acetic acid, thallium (1+) salt
See      93-76-5                               Acetic acid,
  F027  (2,4,5-trichlorophenoxy)-
U002     67-64-1                               Acetone (I)
U003     75-05-8                               Acetonitrile (I,T)
U004     98-86-2                               Acetophenone
U005     53-96-3  2-Acetylaminofluorene
U006     75-36-5                               Acetyl chloride (C,R,T)
U007     79-06-1                               Acrylamide
U008     79-10-7                               Acrylic acid (I)
U009     107-13-1                              Acrylonitrile
U011     61-82-5                               Amitrole
U012     62-53-3                               Aniline (I,T)
U136     75-60-5                               Arsinic acid, dimethyl-
U014     492-80-8                              Auramine
U015     115-02-6                              Azaserine
U010     50-07-7  Azirino(2',3':3,4)pyrrolo
         [1,2-a]indole-4,7-dione,6- amino-
         8-[((aminocarbonyl)oxy)methyl]-
         1,1a,2,8,8a,8b-hexahydro-8a-
         methoxy-5-methyl-[1aS-(1aalpha,
         8beta, 8aalpha,8balpha)]-
U280     101-27-9                              Barban.
U278     22781-23-3                            Bendiocarb.
U364     22961-82-6                            Bendiocarb phenol.
U271     17804-35-2                            Benomyl.
U157     56-49-5  Benz[j]aceanthrylene,
         1,2-dihydro-3 -methyl-
U016     225-51-4  Benz[c]acridine
U017     98-87-3                               Benzal chloride
U192     23950-58-5                            Benzamide,
  3,5-dichloro-N-(1,1-dime-
         thyl-2-propynyl)-
U018     56-55-3  Benz[a]anthracene
U094     57-97-6  Benz[a]anthracene,
  7,12-dimethyl-
U012     62-53-3                               Benzenamine (I,T)
U014     492-80-8                              Benzenamine,
  4,4'-carbonimidoylbis
         [N,N-dimethyl]-
U049     3165-93-3                             Benzenamine, 4-chloro-2-methyl-,
         hydrochloride
U093     60-11-7                               Benzenamine, N,N-dimethy1-4-
         (phenylazo)-
U328     95 -53-4                              Benzenamine, 2-methyl-
U353     106-49-0                              Benzenamine, 4-methyl-
U158     101-14-4                              Benzenamine,
         4,4'-methylenebis[2-chloro-
U222     636-21-5                              Benzenamine, 2-methyl-,
  hydrochloride
U181     99-55-8                               Benzenamine, 2-methyl-5-nitro-
U019     71-43-2                               Benzene (I,T)
U038     510-15-6                              Benzeneacetic acid,
  4-chloro-alpha-
         (4-chlorophenyl)- alpha-hydroxy,
         ethyl ester
U030     101-55-3                              Benzene, 1-bromo-4-phenoxy-
U035     305-03-3  Benzenebutanoic acid,
         4-[bis(2-chloroethyl)amino]-
U037     108-90-7                              Benzene, chloro-
U221     25376-45-8  Benzenediamine, ar-methyl-
U028     117-81-7  1,2-Benzenedicarboxylic acid,
                                                 bis
         (2-ethylhexyl) ester
U069     84-74-2  1,2-Benzenedicarboxylic acid,
                                                 dibutyl
         ester
U088     84-66-2  1,2-Benzenedicarboxylic acid,
                                                 diethyl
         ester
U102     131-11-3  1,2-Benzenedicarboxylic acid,
                                                 dimethyl
         ester
U107     117-84-0  1,2-Benzenedicarboxylic acid,
                                                 dioctyl
         ester
U070     95-50-1                               Benzene, 1,2-dichloro-
U071     541-73-1                              Benzene, 1,3-dichloro-
U072     106-46-7                              Benzene, 1,4-dichloro-
U060     72-54-8                               Benzene, 1,
         1'-(2,2-dichloroethylidene)bis
         [4-chloro]-
U017     98-87-3                               Benzene, (dichloromethyl)-
U223     26471-62-5                            Benzene, 1,3-diisocyanatomethyl-
                                                 (R,T)
U239     1330-20-7                             Benzene, dimethyl- (I,T)
U201     108-46-3  1,3-Benzenediol
U127     118-74-1                              Benzene, hexachloro-
U056     110-82-7                              Benzene, hexahydro- (I)
U220     108-88-3                              Benzene, methyl-
U105     121-14-2                              Benzene, 1-methyl-2,4-dinitro-
U106     606-20-2                              Benzene, 2-methyl-1,3-dinitro-
U055     98-82-8                               Benzene, (1-methylethyl)- (I)
U169     98-95-3                               Benzene, nitro-
U183     608-93-5                              Benzene, pentachloro-
U185     82-68-8                               Benzene, pentachloronitro-
U020     98-09-9  Benzenesulfonic acid chloride
                                                 (C,R)
U020     98-09-9  Benzenesulfonyl chloride (C,R)
U207     95-94-3                               Benzene, 1,2,4,5-tetrachloro-
U061     50-29-3                               Benzene, 1,1'-(2,2,2-
         trichloroethylidene)bis
         [4-chloro]-
U247     72-43-5                               Benzene, 1,1'-(2,2,2-trichloroe-
                                                 thylidene)
         bis [4-methoxy]-
U023     98-07-7                               Benzene, (trichloromethyl)-
U234     99-35-4                               Benzene, 1,3,5-trinitro-
U021     92-87-5                               Benzidine
U202     1 81-07-2  1,2-Benzisothiazo1-3-(2H)-one,
                                                 1,1-
         dioxide and salts
U203     94-59-7  1,3-Benzodioxole,
  5-(2-propenyl)-
U141     120-58-1  1,3-Benzodioxole,
  5-(1-propenyl)-
U090     94-58-6  1,3-Benzodioxole, 5-propyl-
U064     189-55-9  Benzo[rst]pentaphene
U248     1 81-81-2  2H-1-Benzopyran-2-one,
         4-hydroxy-3-(3-oxo-
         1-phenylbutyl)-, and salts, when
         present at concentrations of 0.3% or
         less
U022     50-32-8  Benzo[a]pyrene
U278     22781-23-3  1,3-Benzodioxol-4-ol,
  2,2-dimethyl-,
         methyl carbamate.
U364     22961-82-6  1,3-Benzodioxol-4-ol,
  2,2-dimethyl-,
U367     1563-38-8  7-Benzofuranol, 2-3-dihydro-2,2-
         dimethyl-
U197     106-51-4  p-Benzoquinone
U023     98-07-7  Benzotrichloride (C,R,T)
U085     1464-53-5  2,2'-Bioxirane
U021     92-87-5  [1,1'-Biphenyl]-4,4'-diamine
U073     91-94-1  [1,1'-Biphenyl]-4,4'-diamine,
         3.3'-dichloro-
U091     119-90-4  [1,1'-Biphenyl]-4,4'-diamine,
         3,3'-dimethoxy-
U095     119-93-7  [1,1'-Biphenyl]-4,4'-diamine,
         3,3'-dimethyl-
U225     75-25-2                               Bromoform
U030     101-55-3                              4-Bromophenyl phenyl ether
U128     87-68-3  1,3-Butadiene,
  1,1,2,3,4,4-hexachloro-
U172     924-16-3                              1-Butanamine, N-butyl-N-nitroso-
U031     71-36-3                               1-Butanol (I)
U159     78-93-3                               2-Butanone (I,T)
U160     1338-23-4                             2-Butanone, peroxide (R,T)
U053     4170-30-3                             2-Butenal
U074     764-41-0                              2-Butene, 1,4-dichloro- (I,T)
U143     303-34-4                              2-Butenoic acid, 2-methyl-,
         7-[(2,3-dihydroxy-
         2-(1-methoxyethyl)-3-methyl-1-
         oxobutoxy) methyl]-2,3,5,7a-
         tetrahydro-1H-pyrrolizin-1-yl
         ester,[1S-[1alpha (Z),7(2S*, 3R*),
         7aalpha]-
U031     71-36-3                               n-Butyl alcohol (I)
U136     75-60-5                               Cacodylic acid
U032     13765-19-0                            Calcium chromate
U372     10605-21-7                            Carbamic acid,
  1H-benzimidazol-2-yl,
         methyl ester.
U271     17804-35-2                            Carbamic acid,
  [1-[(butylamino)carbonyl]-
         1H-benzimidazol-2-yl]-, methyl
           ester.
U280     101-27-9                              Carbamic acid,
  (3-chlorophenyl)-,
         4-chloro-2-butynyl ester.
U238     51-79-6                               Carbamic acid, ethyl ester
U178     615-53-2                              Carbamic acid, methylnitroso-,
                                                 ethyl
         ester
U373     122-42-9                              Carbamic acid, phenyl-,
  1-methylethyl
         ester.
U409     23564-05-8                            Carbamic acid, [1,2-phenylenebis
         (iminocarbonothioyl)]bis-, dimethyl
         ester.
U389     2303-17-5                             Carbamothioic acid,
  bis(1-methylethyl)-,
         S-(2,3,3-trichloro-2-propenyl)
           ester.
U387     52888-80-9                            Carbamothioic acid, dipropyl-,
                                                 S-
         (phenylmethyl) ester.
U097     79-44-7                               Carbamic chloride, dimethyl-
U114  Carbamodithioic acid,
  1,2-ethanediylbis-,
         salts and esters
U062     2303-16-4                             Carbamothioic acid,
  bis(1-methylethyl)-,
         S-(2,3-dichloro-2-propenyl) ester
U279     63-25-2                               Carbaryl.
U372     10605-21-7                            Carbendazim.
U367     1563-38-8                             Carbofuran phenol.
U215     6533-73-9                             Carbonicacid, dithallium (1+)
                                                 salt
U033     353-50-4                              Carbonic difluoride
U156     79-22-1  Carbonochloridic acid, methyl
                                                 ester (I,T)
U033     353-50-4                              Carbon oxyfluoride (R,T)
U211     56-23-5                               Carbon tetrachloride
U034     75-87-6                               Chloral
U035     305-03-3                              Chlorambucil
U036     57-74-9                               Chlordane, alpha and gamma
                                                 isomers
U026     494-03-1  Chlornaphazine
U037     108-90-7                              Chlorobenzene
U038     510-15-6  Chlorobenzilate
U039     59-50-7  p-Chloro-m-cresol
U042     110-75-8                              2-Chloroethyl vinyl ether
U044     67-66-3                               Chloroform
U046     107-30-2                              Chloromethyl methyl ether
U047     91-58-7  beta-Chloronaphthalene
U048     95-57-8  o-Chlorophenol
U049     3165-93-3  4-Chloro-o-toluidine,
  hydrochloride
U032     13765-19-0                            Chromic acid HCr
U050     218-01-9                              Chrysene
U051                                           Creosote
U052     1319-77-3                             Cresol (Cresylic acid)
U053     4170-30-3  Crotonaldehyde
U055     98-82-8                               Cumene (I)
U246     506-68-3                              Cyanogen bromide (CN)Br
U197     106-51-4  2,5-Cyclohexadiene-1, 4-dione
U056     110-82-7                              Cyclohexane (I)
U129     58-89-9                               Cyclohexane,
  1,2,3,4,5,6-hexachloro-,
         (1alpha, 2alpha, 3beta, 4alpha,
           5alpha,
         6beta)-
U057     108-94-1                              Cyclohexanone (I)
U130     77-47-4  1,3-Cyclopentadiene,
  1,2,3,4,5,5-
         hexachloro-
U058     50-18-0  Cyclophosphamide
U240                                           2,4-D, salts and esters
U059     20830-81-3                            Daunomycin
U060     72-54-8                               DDD
U061     50-29-3                               DDT
U062     2303-16-4                             Diallate
U063     53-70-3  Dibenz[a,h]anthracene
U064     189-55-9  Dibenzo[a,i]pyrene
U066     96-12-8  1,2-Dibromo-3-chloropropane
U069     84-74-2                               Dibutyl phthalate
U070     95-50-1  o-Dichlorobenzene
U071     541-73-1  m-Dichlorobenzene
U072     106-46-7  p-Dichlorobenzene
U073     91-94-1  3,3'-Dichlorobenzidine
U074     764-41-0  1,4-Dichloro-2-butene (I,T)
U075     75-71-8  Dichlorodifluoromethane
U078     75-35-4  1,1-Dichloroethylene
U079     156-60-5  1,2-Dichloroethylene
U025     111-44-4                              Dichloroethyl ether
U027     108-60-1  Dichloroisopropyl ether
U024     111-91-1  Dichloromethoxy ethane
U081     120-83-2  2,4-Dichlorophenol
U082     87-65-0  2,6-Dichlorophenol
U084     542-75-6  1,3-Dichloropropene
U085     1464-53-5  1,2:3,4-Diepoxybutane (I,T)
U108     123-91-1  1,4-Diethyleneoxide
U395     5952-26-1                             Diethylene glycol, dicarbamate.
U028     117-81-7                              Diethylhexyl phthalate
U086     1615-80-1  N,N'-Diethylhydrazine
U087     3288-58-2  O,O-Diethyl-S-methyl
  dithiophosphate
U088     84-66-2                               Diethyl phthalate
U089     56-53-1  Diethylstilbestrol
U090     94-58-6  Dihydrosafrole
U091     119-90-4  3,3'-Dimethoxybenzidine
U092     124-40-3                              Dimethylamine (I)
U093     60-11-7  p-Dimethylaminoazobenzene
U094     57-97-6  7,12-Dimethylbenz[a]anthracene
U095     119-93-7  3,3'-Dimethylbenzidine
U096     80-15-9  alpha,alpha-Dimethylbenzylhydro-
                                                 peroxide
         (R)
U097     79-44-7  Dimethylcarbamoyl chloride
U098     57-14-7  1,1-Dimethylhydrazine
U099     540-73-8  1,2-Dimethylhydrazine
U101     105-67-9  2,4-Dimethylphenol
U102     131-11-3                              Dimethyl phthalate
U103     77-78-1                               Dimethyl sulfate
U105     121-14-2  2,4-Dinitrotoluene
U106     606-20-2  2,6-Dinitrotoluene
U107     117-84-0                              Di-n-octyl phthalate
U108     123-91-1                              1,4-Dioxane
U109     122-66-7  1,2-Diphenylhydrazine
U110     142-84-7                              Dipropylamine (I)
U111     621-64-7  Di-n-propylnitrosamine
U041     106-89-8  Epichlorohydrin
U001     75-07-0                               Ethanal (I)
U174     55-18-5                               Ethanamine, N-ethyl-N-nitroso-
U404     121-44-8                              Ethanamine, N,N-diethyl-
U155     91-80-5  1,2-Ethanediamine,
  N,N-dimethyl-N'-
         2-pyridinyl-N'-(2-thienylmethyl)-
U067     106-93-4                              Ethane, 1,2-dibromo-
U076     75-34-3                               Ethane, 1,1-dichloro-
U077     107-06-2                              Ethane, 1,2-dichloro-
U131     67-72-1                               Ethane, hexachloro-
U024     111-91-1                              Ethane,
  1,1'-[methylenebis(oxy)]bis
         [2-chloro-
U117     60-29-7                               Ethane, 1,1'-oxybis- (I)
U025     111-44-4                              Ethane, 1,1'-oxybis[2-chloro-
U184     76-01-7                               Ethane, pentachloro-
U208     630-20-6                              Ethane, 1,1,1,2-tetrachloro-
U209     79-34-5                               Ethane, 1,1,2,2-tetrachloro-
U218     62-55-5  Ethanethioamide
U226     71-55-6                               Ethane, 1,1,1- trichloro-
U227     79-00-5                               Ethane, 1,1,2-trichloro-
U410     59669-26-0  Ethanimidothioic acid,
  N,N'-[thiobis
         [(methylimino)carbonyloxy]]bis-,
         dimethyl ester
U394     30558-43-1  Ethanimidothioic acid,
  2-(dimethylamino)-
         N-hydroxy-2-oxo-, methyl ester.
U359     110-80-5                              Ethanol, 2-ethoxy
U173     1116-54-7                             Ethanol, 2,2'-(nitrosoimino)bis-
U395     5952-26-1                             Ethanol, 2,2'-oxybis-,
                                                 dicarbamate.
U004     98-86-2                               Ethanone, 1-phenyl-
U043     75-01-4                               Ethene, chloro-
U042     110-75-8                              Ethene, (2-chloroethoxy)-
U078     75-35-4                               Ethene, 1,1-dichloro-
U079     156-60-5                              Ethene, 1,2-dichloro-, (E)-
U210     127-18-4                              Ethene, tetrachloro-
U228     79-01-6                               Ethene, trichloro-
U112     141-78-6                              Ethyl acetate (I)
U113     140-88-5                              Ethyl acrylate (I)
U238     51-79-6                               Ethyl carbamate (urethane)
U114  Ethylenebisdithiocarbamic acid,
                                                 salts
         and esters
U067     106-93-4                              Ethylene dibromide
U077     107-06-2                              Ethylene dichloride
U359     110-80-5                              Ethylene glycol monoethyl ether
U115     75-21-8                               Ethylene oxide (I,T)
U116     96-45-7                               Ethylene thiourea
U117     60-29-7                               Ethyl ether (I)
U076     75-34-3                               Ethylidene dichloride
U118     97-63-2                               Ethyl methacrylate
U119     62-50-0                               Ethyl methanesulfonate
U120     206-44-0                              Fluoranthene
U122     50-00-0                               Formaldehyde
U123     64-18-6                               Formic acid (C,T)
U124     110-00-9                              Furan (I)
U125     98-01-1  2-Furancarboxaldehyde (I)
U147     108-31-6  2,5-Furandione
U213     109-99-9                              Furan, tetrahydro- (I)
U125     98-01-1                               Furfural (I)
U124     110-00-9                              Furfuran (I)
U206     18883-66-4  Glucopyranose,
  2-deoxy-2(3-methyl-3-
         nitrosoureido)-, D-
U206     18883-66-4                            D-Glucose, 2-deoxy-2-
         [c(methylnitrosoamino)-
         carbonyl]amino]-
0126     765-34-4  Glycidylaldehyde
U163     70-25-7                               Guanidine,
         N-methyl-N'-nitro-N-nitroso-
U127     118-74-1  Hexachlorobenzene
U128     87-68-3  Hexachlorobutadiene
U130     77-47-4  Hexachlorocyclopentadiene
U131     67-72-1  Hexachloroethane
U132     70-30-4  Hexachlorophene
U243     1888-71-7  Hexachloropropene
U133     302-01-2                              Hydrazine (R,T)
U086     1615-80-1                             Hydrazine, 1,2-diethyl-
U098     57-14-7                               Hydrazine, 1,1-dimethyl-
U099     540-73-8                              Hydrazine, 1,2-dimethyl-
U109     122-66-7                              Hydrazine, 1,2-diphenyl-
U134     7664-39-3                             Hydrofluoric acid (C,T)
U134     7664-39-3                             Hydrogen fluoride (C,T)
U135     7783-06-4                             Hydrogen sulfide H
U096     80-15-9  Hydroperoxide,
         1-methyl-1-phenylethyl-(R)
U116     96-45-7  2-Imidazolidinethione
U137     193-39-5  Indeno[1,2,3-cd]pyrene
U190     85-44-9  1,3-Isobenzofurandione
U140     78-83-1                               Isobutyl alcohol (I,T)
U141     120-58-1                              Isosafrole
U142     143-50-0                              Kepone
U143     303-34-4                              Lasiocarpine
U144     301-04-2                              Lead acetate
U146     1335-32-6                             Lead,
  bis(acetato-O)tetrahydroxytri-
U145     7446-27-7                             Lead phosphate
U146     1335-32-6                             Lead subacetate
U129     58-89-9                               Lindane
U163     70-25-7                               MNNG
U147     108-31-6                              Maleic anhydride
U148     123-33-1                              Maleic hydrazide
U149     109-77-3                              Malononitrile
U150     148-82-3                              Melphalan
U151     7439-97-6                             Mercury
U152     126-98-7  Methacrylonitrile (I,T)
U092     124-40-3                              Methanamine, N-methyl- (I)
U029     74-83-9                               Methane, bromo-
U045     74-87-3                               Methane, chloro- (I,T)
U046     107-30-2                              Methane, chloromethoxy-
U068     74-95-3                               Methane, dibromo-
U080     75-09-2                               Methane, dichloro-
U075     75-71-8                               Methane, dichlorodifluoro-
U138     74-88-4                               Methane, iodo-
U119     62-50-0  Methanesulfonic acid, ethyl
                                                 ester
U211     56-23-5                               Methane, tetrachloro-
U153     74-93-1                               Methanethiol (I,T)
U225     75-25-2                               Methane, tribromo-
U044     67-66-3                               Methane, trichloro-
U121     75-69-4                               Methane, trichlorofluoro-
U036     57-74-9  4,7-Methano-1H-indene,
  1,2,4,5,6,7,8,8-
         octachloro-2,3,3a,4,7,7a-hexahydro-
U154     67-56-1                               Methanol (I)
U155     91-80-5                               Methapyrilene
U142     143-50-0  1,3,4-Metheno-2H-cyclobuta[cd]p-
                                                 enta-
         len-2-one,1,1a,3,3a,4,5,5,5a,5b,6-
         decachlorooctahydro-
U247     72-43-5                               Methoxychlor
U154     67-56-1                               Methyl alcohol (I)
U029     74-83-9                               Methyl bromide
U186     504-60-9  1-Methylbutadiene (I)
U045     74-87-3                               Methyl chloride (I,T)
U156     79-22-1                               Methyl chlorocarbonate (I,T)
U226     71-55-6                               Methyl chloroform
U157     56-49-5  3-Methylcholanthrene
U158     101-14-4  4,4'-Methylenebis(2-chloroanili-
                                                 ne)
U068     74-95-3                               Methylene bromide
U080     75-09-2                               Methylene chloride
U159     78-93-3                               Methyl ethyl ketone (MEK) (I,T)
U160     1338-23-4                             Methyl ethyl ketone peroxide
                                                 (R,T)
U138     74-88-4                               Methyl iodide
U161     108-10-1                              Methyl isobutyl ketone (I)
U162     80-62-6                               Methyl methacrylate (I,T)
U161     108-10-1  4-Methyl-2-pentanone (I)
U164     56-04-2  Methylthiouracil
U010     50-07-7                               Mitomycin C
U059     20830-81-3  5,12-Naphthacenedione,
  8-acetyl-10-
         [(3-amino-2,3,6-trideoxy)-alpha-L-
         lyxo-hexopyranosyl)oxy]-7,8,9,10-
         tetrahydro-6,8,11-trihydroxy-1-me-
         thoxy-, (8S-cis)-
U167     134-32-7  1-Naphthalenamine
U168     91-59-8  2-Naphthalenamine
U026     494-03-1  Naphthalenamine,
         N,N'-bis(2-chloroethyl)-
U165     91-20-3                               Naphthalene
U047     91-58-7                               Naphthalene, 2-chloro-
U166     130-15-4  1,4-Naphthalenedione
U236     72-57-1  2,7-Naphthalenedisulfonic acid,
                                                 3,3'-
         [(3,3'-dimethyl
           [1,1'-biphenyl]-4,4'-
         diyl)]-bis(azo)bis(5-amino-4-
         hydroxy)-, tetrasodium salt
U279     63-25-2  1-Naphthalenol, methylcarbamate.
U166     130-15-4  1,4-Naphthoquinone
U167     134-32-7  alpha-Naphthylamine
U168     91-59-8  beta-Naphthylamine
U217     10102-45-1                            Nitric acid, thallium (1+) salt
U169     98-95-3                               Nitrobenzene (I,T)
U170     100-02-7                              p-Nitrophenol
U171     79-46-9  2-Nitropropane (I,T)
U172     924-16-3  N-Nitrosodi-n-butylamine
U173     1116-54-7  N-Nitrosodiethanolamine
U174     55-18-5  N-Nitrosodiethylamine
U176     759-73-9  N-Nitroso-N-ethylurea
U177     684-93-5  N-Nitroso-N-methylurea
U178     615-53-2  N-Nitroso-N-methylurethane
U179     100-75-4  N-Nitrosopiperidine
U180     930-55-2  N-Nitrosopyrrolidine
U181     99-55-8  5-Nitro-o-toluidine
U193     1120-71-4  1,2-Oxathiolane, 2,2-dioxide
U058     50-18-0  2H-1,3,2-Oxazaphosphorin-2-amin-
                                                 e,
         N,N-bis(2-chloroethyl)
         tetrahydro-,2-oxide
U115     75-21-8                               Oxirane (I,T)
U126     765-34-4  Oxiranecarboxyaldehyde
U041     106-89-8                              Oxirane, (chloromethyl)-
U182     123-63-7                              Paraldehyde
U183     608-93-5  Pentachlorobenzene
U184     76-01-7  Pentachloroethane
U185     82-68-8  Pentachloronitrobenzene (PCNB)
See      87-86-5  Pentachlorophenol
  F027
U161     108-10-1                              Pentanol, 4-methyl-
U186     504-60-9  1,3-Pentadiene (I)
U187     62-44-2                               Phenacetin
U188     108-95-2                              Phenol
U048     95-57-8                               Phenol, 2-chloro-
U039     59-50-7                               Phenol, 4-chloro-3-methyl-
U081     120-83-2                              Phenol, 2,4-dichloro-
U082     87-65-0                               Phenol, 2,6-dichloro-
U089     56-53-1                               Phenol, 4,4'-(1,2-diethyl-1,2-e-
                                                 thenediyl)
         bis-, (E)-
U101     105-67-9                              Phenol, 2,4-dimethyl-
U052     1319-77-3                             Phenol, methyl-
U411     114-26-1                              Phenol, 2-(1-methylethoxy)-,
         methylcarbamate.
U132     70-30-4                               Phenol, 2,2'-methylenebis[3,4,6-
         trichloro-
U170     100-02-7                              Phenol, 4-nitro-
See      87-86-5                               Phenol, pentachloro-
  F027
See      58-90-2                               Phenol, 2,3,4,6-tetrachloro-
  F027
See      95-95-4                               Phenol, 2,4,5-trichloro-
  F027
See      88-06-2                               Phenol, 2,4,6-trichloro-
  F027
U150     148-82-3  L-Phenylalanine, 4-[bis(2-
         chloroethyl)amino]-
U145     7446-27-7                             Phosphoric acid, lead (2+) salt
                                                 (2:3)
U087     3288-58-2  Phosphorodithioic acid,
                                                 O,O-diethyl
         S-methyl ester
U189     1314-80-3                             Phosphorous sulfide (R)
U190     85-44-9                               Phthalic anhydride
U191     109-06-8                              2-Picoline
U179     100-75-4                              Piperidine, 1-nitroso-
U192     23950-58-5                            Pronamide
U194     107-10-8                              1-Propanamine (I,T)
U111     621-64-7  1-Propanamine,
  N-nitroso-N-propyl-
U110     142-84-7  1-Propanamine, N-propyl- (I)
U066     96-12-8                               Propane, 1,2-dibromo-3-chloro-
U083     78-87-5                               Propane, 1,2-dichloro-
U149     109-77-3  Propanedinitrile
U171     79-46-9                               Propane, 2-nitro- (I,T)
U027     108-60-1                              Propane, 2,2'-oxybis[1-chloro-
U193     1120-71-4                             1,3-Propane sultone
See      93-72-1                               Propanoic acid, 2-(2,4,5-
  F027
         trichlorophenoxy)-
U235     126-72-7                              1-Propanol, 2,3-dibromo-,
                                                 phosphate (3:1)
U140     78-83-1                               1-Propanol, 2-methyl- (I,T)
U002     67-64-1                               2-Propanone (I)
U007     79-06-1                               2-Propenamide
U084     542-75-6                              1-Propene, 1,3-dichloro
U243     1888-71-7                             1-Propene,
  1,1,2,3,3,3-hexachloro-
U009     107-13-1  2-Propenenitrile
U152     126-98-7  2-Propenenitrile, 2-methyl-
                                                 (I,T)
U008     79-10-7                               2-Propenoic acid (I)
U113     140-88-5                              2-Propenoic acid, ethyl ester
                                                 (I)
U118     97-63-2                               2-Propenoic acid, 2-methyl-,
                                                 ethyl ester
U162     80-62-6                               2-Propenoic acid, 2-methyl-,
                                                 methyl ester
         (I,T)
U373     122-42-9                              Propham.
U411     114-26-1                              Propoxur.
U194     107-10-8                              n-Propylamine (I,T)
U083     78-87-5                               Propylene dichloride
U387     52888-80-9                            Prosulfocarb.
U148     123-33-1  3,6-Pyridazinedione,
  1,2-dihydro-
U196     110-86-1                              Pyridine
U191     109-06-8                              Pyridine, 2-methyl-
U237     66-75-1  2,4-(1H,3H)-Pyrimidinedione,
                                                 5-[bis(2-
         chloroethyl)amino]-
U164     56-04-2  4-(1H)-Pyrimidinone,
         2,3-dihydro-6-methyl-2-thioxo-
U180     930-55-2                              Pyrrolidine, 1-nitroso-
U200     50-55-5                               Reserpine
U201     108-46-3                              Resorcinol
U202                                           Saccharin and salts
U203     94-59-7                               Safrole
U204     7783-00-8                             Selenious acid
U204     7783-00-8                             Selenium dioxide
U205     7488-56-4                             Selenium sulfide SeS
U015     115-02-6                              L-Serine, diazoacetate (ester)
See      93-72-1                               Silvex
  F027
U206     18883-66-4  Streptozotocin
U103     77-78-1                               Sulfuric acid, dimethyl ester
U189     1314-80-3                             Sulfur phosphide (R)
See      93-76-5                               2,4,5-T
  F027
U207     95-94-3  1,2,4,5-Tetrachlorobenzene
U208     630-20-6  1,1,1,2-Tetrachloroethane
U209     79-34-5  1,1,2,2-Tetrachloroethane
U210     127-18-4  Tetrachloroethylene
See      58-90-2  2,3,4,6-Tetrachlorophenol
  F027
U213     109-99-9  Tetrahydrofuran (I)
U214     563-68-8                              Thallium (I) acetate
U215     6533-73-9                             Thallium (I) carbonate
U216     7791-12-0                             Thallium (I) chloride
U216     7791-12-0                             Thallium chloride TlCl
U217     10102-45-1                            Thallium (I) nitrate
U218     62-55-5                               Thioacetamide
U410     59669-26-0                            Thiodicarb.
U153     74-93-1                               Thiomethanol (I,T)
U244     137-26-8  Thioperoxydicarbonic diamide
         [(H2N)C(S)]2S2 tetramethyl-
U409     23564-05-8  Thiophanate-methyl.
U219     62-56-6                               Thiourea
U244     137-26-8                              Thiram
U220     108-88-3                              Toluene (I,T)
U221     25376-45-8  Toluenediamine
U223     26471-62-5                            Toluene diisocyanate (R,T)
U328     95-53-4                               o-Toluidine
U353     106-49-0                              p-Toluidine
U222     636-21-5                              o-Toluidine hydrochloride
U011     61-82-5  1H-1,2,4-Triazol-3-amine
U389     2303-17-5                             Triallate.
U227     79-00-5  1,1,2-Trichloroethane
U228     79-01-6  Trichloroethylene
U121     75-69-4  Trichloromonofluoromethane
See      95-95-4  2,4,5-Trichlorophenol
  F027
See      88-06-2  2,4,6-Trichlorophenol
  F027
U404     121-44-8                              Triethylamine.
U234     99-35-4  1,3,5-Trinitrobenzene (R,T)
U182     123-63-7  1,3,5-Trioxane, 2,4,6-trimethyl-
U235     126-72-7                              Tris (2,3-dibromopropyl)
                                                 phosphate
U236     72-57-1                               Trypan blue
U237     66-75-1                               Uracil mustard
U176     759-73-9                              Urea, N-ethyl-N-nitroso-
U177     684-93-5                              Urea, N-methyl-N-nitroso-
U043     75-01-4                               Vinyl chloride
U248                                           Warfarin, and salts, when
                                                 present at
         concentrations of 0.3% or less
U239     1330-20-7                             Xylene (I)
U200     50-55-5  Yohimban-16-carboxylic acid,
                                                 11,17-di
                                               methoxy-
  18-[(3,4,5-trimethoxyben-
                                               zoyl)oxy]-, methyl ester,(3
                                                 beta, 16 beta,
                                               17 alpha, 18 beta, 20 alpha)-
U249     1314-84-7                             Zinc phosphide Zn3P2, when
                                                 present at
  concentrations of 10% or less
[FN1] CAS Number given for parent compound only.
 
 
  Note: Authority cited: Sections 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25120.2, 25159 and 25159.5, Health and Safety Code and 40 CFR Section 261.33. 
  
 



s 66261.35. Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement.
 (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.
(C) analytical requirements.
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.
 
  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. 
  
 



s 66261.50. Mercury-Containing Products That Are Hazardous Wastes When Discarded.
The following mercury-containing products are listed hazardous wastes when discarded:
California
Hazardous
Waste
Number      Hazardous Waste
M001        Mercury-containing motor vehicle light switches, as defined in
              section 66273.9, and any motor vehicle or portion of a motor
              vehicle that contains such switches, when any person decides to
              crush, bale, shred, or shear the vehicle. Motor vehicles and
              portions of motor vehicles from which all mercury-containing
              light switches have been removed are not included in this
              category. A light switch that cannot be removed from a vehicle
              due to accidental damage to the vehicle is not included. This
              listing becomes effective on January 1, 2005.
M002        Non-automotive mercury switches and any product that contains such
              switches. Includes any mercury switch that does not meet the
              listing description for M001, including but not limited to,
              mercury switches from household appliances and household
              appliances from which mercury switches have not been removed;
              relays; silent wall switches; and float switches. Also includes
              mercury-containing flame sensors and household appliances from
              which all mercury flame sensors have not been removed. Appliances
              and other products from which all mercury switches and flame
              sensors have been removed are not included in this category. This
              listing becomes effective on February 9, 2006.
M003        Lamps that contain intentionally-added mercury and products with
              lamps that contain intentionally-added mercury. A lamp is defined
              as the bulb or tube portion of an electric lighting device. A
              lamp is specifically designed to produce radiant energy, most
              often in the ultraviolet, visible, and infrared regions of the
              electromagnetic spectrum. Products from which all
              mercury-containing lamps have been removed are not included in
              this category. This listing does not apply to liquid crystal
              displays (LCDs) with mercury back lighting, products that contain
              such LCDs, or vehicles that contain mercury-added lamps. This
              listing becomes effective on February 9, 2004.
M004        Mercury-added novelties, as defined in section 66273.9 (other than
              novelties with mercury switches, which meet the listing
              description for M002, and novelties with mercury-containing
              lamps, which meet the listing description for M003). Includes,
              but is not limited to, novelties painted with mercury-containing
              paints. This listing becomes effective on January 1, 2004.
 
 
  Note: Authority cited: Sections 25140 and 58012, Health and Safety Code. Reference: Sections 25140 and 25212, Health and Safety Code. 
  
 



s 66261.100. RCRA Hazardous Waste.
 (a) A hazardous waste is a RCRA hazardous waste if it meets any of the following criteria:
(1) it exhibits any of the characteristics of ignitability, corrosivity, reactivity, or toxicity identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1);
(2) it is listed as a hazardous waste 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. Wastes excluded by the USEPA Administrator pursuant to 40 CFR sections 260.20 and 260.22 are listed in 40 CFR Part 261, Appendix IX;
(3) it is identified as a hazardous waste pursuant to section 66261.3(a)(2)(B), section 66261.3(a)(2)(D), section 66261.3(a)(2)(E), or section 66261.3(c)(2).
(b) A hazardous waste is presumed to be a RCRA hazardous waste unless or until the generator determines that the waste is non-RCRA hazardous waste pursuant to section 66261.101.
 
  Note:    Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Sections 25117, 25120.2, 25141 and 25159, Health and Safety Code. 
  
 



s 66261.101. Non-RCRA Hazardous Waste.
 (a) A hazardous waste is a non-RCRA hazardous waste if it meets all of the following criteria:
(1) it does not exhibit any of the characteristics of ignitability, corrosivity, reactivity or toxicity as identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23 and 66261.24(a)(1);
(2) it exhibits any of the characteristics of corrosivity and toxicity identified in sections 66261.22(a)(3), 66261.22(a)(4) and 66261.24 (a)(2) through (a)(8) or otherwise meets the definition of a hazardous waste in section 66261.3(a)(2)(C) or 66261.3(a)(2)(F);
(3) it is not listed as a hazardous waste in article 4 of this chapter or is listed and has been excluded by the USEPA Administrator pursuant to 40 CFR sections 260.20 and 260.22;
(4) it is listed in article 4.1 and is not identified as a RCRA hazardous waste in section 66261.100.
(b) A hazardous waste is a non-RCRA hazardous waste if it exhibits any characteristic set forth in article 3 of this chapter and meets any of the following criteria:
(1) it is identified as a potential non-RCRA hazardous waste in section 66261.2(d)(1)(B) or section 66261.2(d)(2)(B), or is identified as a potential non-RCRA hazardous waste in Table 1 of section 66261.2;
(2) it is excluded from classification as a solid waste or a hazardous waste in 40 CFR section 261.4.
(c) A container, or an inner liner from a container, which is empty pursuant to 40 CFR section 261.7, but is required to be managed as a hazardous waste pursuant to section 66261.7 is a non-RCRA hazardous waste.
(d) A waste which is not classified as a non-RCRA hazardous waste pursuant to the criteria in subsections (a) through (c) of this section may be classified as a non-RCRA hazardous waste if the generator can otherwise determine that the waste would not be regulated as a hazardous waste pursuant to subtitle C of RCRA or implementing regulations.
(e) The Department or the USEPA may request the following items from a person claiming that the hazardous waste generated or managed by that person is a non-RCRA hazardous waste:
(1) documentation demonstrating that the waste meets the applicable criteria in subsection (a), (b), (c) or (d) of this section;
(2) analytical information, from a laboratory certified by the Department pursuant to chapter 44 of this division, demonstrating that the extracts from representative samples of the waste, developed using the Toxicity Characteristic Leaching Procedure in Appendix I of chapter 18 of this division, contain none of the substances in section 66261.24(a)(1)(B) at a concentration which equals or exceeds the value for that substance in that section;
(3) representative samples of that waste.
 
  Note: Authority cited: Sections 25141, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25117.9, 25141 and 25159, Health and Safety Code. 
  
 



s 66261.107. Applicability of Extremely Hazardous Waste Criteria.
Any waste which is extremely hazardous pursuant to any of the criteria of section 66261.110 or 66261.113 is an extremely hazardous waste and shall be managed in accordance with the specific provisions of this division pertaining to extremely hazardous waste.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25115, 25117 and 25141, Health and Safety Code. 
  
 



s 66261.110. Extremely Hazardous Waste Criteria.
 (a) A waste, or a material, is extremely hazardous if it:
(1) has an acute oral LD sub50   less than or equal to 50 milligrams per kilogram; or
(2) has an acute dermal LD sub50   less than or equal to 43 milligrams per kilogram; or
(3) has an acute inhalation LC sub50   less than or equal to 100 parts per million as a gas or vapor; or
(4) contains any of the substances listed in section 66261.24(a)(7) at a single or combined concentration equal to or exceeding 0.1 percent by weight; or
(5) has been shown through experience or testing that human exposure to the waste or material may likely result in death, disabling personal injury or serious illness because of the carcinogenicity, high acute or chronic toxicity, bioaccumulative properties, or persistence in the environment of the waste or material; or
(6) is water-reactive.
(b) A waste containing one or more materials which are extremely hazardous according to any criterion of subsection (a)(1) or (a)(2) of this section is not extremely hazardous if the generator determines that neither the calculated acute oral toxicity nor the calculated acute dermal toxicity of the waste using the equation in section 66261.24(c) is numerically equal to or less than the toxicity limits prescribed in subsection (a)(1) or (a)(2) of this section and the waste is not extremely hazardous by any other criterion of this section.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25115, 25117 and 25141, Health and Safety Code. 
  
 



s 66261.111. Hazardous Waste of Concern Criteria.
 (a) A hazardous waste of concern is a hazardous waste that originated from a material with a label placed by the manufacturer with one of the following hazard class divisions, or a hazardous waste that is identified on the Uniform Hazardous Waste Manifest with one of the following hazard divisions within the U.S. DOT description, or otherwise known as:
(1) An explosive material, hazard division 1.1, 1.2, or 1.3, as defined under  49 Code of Federal Regulations section 173.50 (as revised October 1, 2002); or
(2) A poisonous material, hazard division 6.1, packing group I or II, as defined under 49 Code of Federal Regulations section 173.132 (as revised October 1, 2002); or
(3) A poisonous gas, hazard division 2.3, as defined under 49 Code of Federal Regulations section 173.115 (as revised October 1, 2002).
(b) "Missing hazardous waste of concern" is a hazardous waste of concern that has been lost, stolen, is unaccounted for, or a difference in type has been identified when it is received at the designated facility. It does not include the unintentional release of a hazardous waste of concern within the meaning of 49 Code of Federal Regulations section 171.16 (as revised October 1, 2002).
(c) Specified reporting requirements for missing hazardous wastes of concern apply in instances where the missing waste represents a reportable quantity or a reportable difference in type.
(1) Reportable quantities of missing hazardous waste of concern are:
(A) for bulk waste, variations greater than 3 percent in weight or volume; and
(B) for containerized waste, any variation in piece count, such as a discrepancy of one drum in a truckload.
(2) Reportable differences in type of a hazardous waste of concern are obvious differences that can be discovered by observation of the physical properties of the waste through inspection or waste analysis (e.g., mineral spirits substituted for waste carbon tetrachloride, or waste that contains hazardous constituents not reported on the manifest that would change the shipping name or waste code).
 
  Note: Authority cited: Sections 25150, 25169.6, 25169.8 and 58012, Health and Safety Code. Reference: Sections 25169.5, 25169.6, 25169.7 and 25169.8, Health and Safety Code. 
  
 



s 66261.113. Total Threshold Limit Concentration Values of Persistent and Bioaccumulative Toxic Substances in Extremely Hazardous Wastes.
 (a) Any waste containing a substance listed in subsection (b) of this section at a concentration equal to or exceeding its listed total threshold limit concentration is an extremely hazardous waste.
(b) List of Persistent and Bioaccumulative Toxic Substances and Their Total Threshold Limit Concentration (TTLC) Values:

-----------------------------------------------------------------
                                             TTLC (Wet-Weight
Substance                                    in mg/kg)
-----------------------------------------------------------------
Aldrin                                       140
Arsenic and/or arsenic compounds             50,000 (as As)
Beryllium and/or beryllium compounds [FNa1]  7,500 (as Be)
Cadmium and/or cadmium compounds [FNa1]      10,000 (as Cd)
Chlordane                                    250
2,4-Dichlorophenoxyacetic acid               10,000
Dieldrin                                     800
Dioxin (2,3,7,8-TCDD)                        1
Endrin                                       20
Heptachlor                                   470
Kepone                                       2,100
 Lead compounds, organic                     1,300 (dry
                                             weight basis; as Pb)
 Lindane                                     400
Mercury and/or mercury compounds             2,000 (as Hg)
Mirex                                        2,100
Polychlorinated biphenyls (PCBs)             5,000
Selenium and/or selenium compounds [FNa1]    10,000 (as Se)
Thallium and/or thallium compounds [FNa1]    70,000 (as Tl)
Toxaphene                                    500
2,4,5-Trichlorophenoxypropionic acid         1,000
-----------------------------------------------------------------
 
[FNa1] In the case of elemental metals, the specified concentration limits apply only if the metals are in a friable, powdered or finely divided state.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25115, 25117 and 25141, Health and Safety Code. 
  
 



s 66261.120. List of Special Wastes.
 (a) The following is a noninclusive list of wastes which may be classified as special wastes pursuant to section 66261.122:
(1) ash from burning of fossil fuels, biomass and other combustible materials;
(2) auto shredder waste;
(3) baghouse and scrubber wastes from air pollution control;
(4) catalyst from petroleum refining and chemical plant processes;
(5) cement kiln dust;
(6) dewatered sludge from treatment of industrial process water;
(7) dewatered tannery sludge;
(8) drilling mud from drilling of gas and oil wells;
(9) refractory from industrial furnaces, kilns and ovens;
(10) sand from sandblasting;
(11) sand from foundry casting;
(12) slag from coal gasification;
(13) sulfur dioxide scrubber waste from flue gas emission control in combustion of fossil fuels;
(14) tailings from the extraction, beneficiation and processing of ores and minerals;
 
  Note:    Authority cited: Sections 208 and 25140, Health and Safety Code. Reference: Sections 25117 and 25140, Health and Safety Code. 
  
 



s 66261.122. Criteria and Requirements of a Special Waste.
 (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.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Sections 25117 and 25141, Health and Safety Code. 
  
 



s 66261.124. Classification of a Waste as a Special Waste.
 (a) A person who wishes to classify and manage a hazardous waste as a special waste shall obtain prior written approval from the Department for such classification and management. A person seeking approval to classify and manage a hazardous waste as a special waste shall submit an application to the Department which includes all the following information:
(1) the name and address of the applicant and, if different, a billing address for receipt of the fee assessment required by Health and Safety Code section 25205.8;
(2) the address where the waste is generated and located;
(3) a description of the waste which shall include its source, physical state, quantity and rate of generation;
(4) chemical analysis data showing that the waste meets the requisites of a special waste pursuant to section 66261.122(a)(2);
(5) chemical analysis data, chemical and physical test data, and bioassay data, or factual information on the origin of the waste, which establish that it meets the criteria and requirements of special wastes in section 66261.122(a)(1) and section 66261.122(b). Data shall include analyses from a minimum of four representative samples as specified in chapter nine of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd Edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11 of this chapter).
(b) The Department, within 30 days of receipt of an application for approval to classify and manage a waste as special waste pursuant to subsection (a) of this section, shall acknowledge in writing receipt of the application. Pending written approval from the Department, the applicant shall manage the waste in accordance with all provisions of this division.
(c) The Department, within 60 days of receipt of an application for approval to classify and manage a waste as special waste pursuant to subsection (a) of this section, shall notify the applicant in writing that classification of the waste as special waste is approved or disapproved or that the application is incomplete or inadequate and what additional information is needed.
(d) If the application is incomplete or inadequate, the Department, within 60 days of receipt of adequate additional information, shall notify the applicant in writing that classification of the waste as special waste is approved or disapproved.
(e) When the Department has notified the applicant in writing that the application is incomplete or inadequate and what additional information is needed, the application will be considered disapproved if the applicant fails to provide the additional information within 90 days from the date the information was requested.
(f) If the applicant cannot submit the additional information within the time frame specified in subsection (e) of this section, the applicant shall notify the Department in writing the reason for the delay and shall specify an additional time frame, up to 90 days, within which the information shall be submitted.
(g) The application will be considered disapproved if the applicant fails to provide the additional information by the end of the additional time frame specified in subsection (f) of this section.
(h) If the Department disapproves the application, the Department shall specify in writing the reason(s) for the disapproval.
(i) Notwithstanding the time frames specified above, the Department shall not notify the applicant of the approval or disapproval of an application until after the applicant submits payment of the fee assessed by the Board of Equalization pursuant to Health and Safety Code section 25205.8.
(j) Upon receipt of written approval from the Department, the applicant may classify and manage the waste as special waste pursuant to section 66261.126.
(k) For wastes which are continuously or repetitively generated at the same facility, from the same process, utilizing the same kinds of materials (with respect to origin, composition and properties), the requirements of this section can be met by the submission of the required information either for each separately generated quantity of the waste or for a representative sample of the continuously or repetitively generated waste.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code and Section 15367, Government Code. Reference: Sections 25205.8 and 25150, Health and Safety Code and Section 15367, Government Code. 
  
 



s 66261.126. Management of Special Wastes.
 (a) A special waste may be disposed of at a landfill disposal facility which is not operated under a hazardous waste facility permit or an interim status document provided:
(1) the facility is operated under waste discharge requirements allowing disposal of the special waste which were issued by the Regional Water Quality Control Board with jurisdiction over the facility; and
(2) the owner or operator of the facility has been granted a variance pursuant to section 66260.210 of this division which allows the special waste to be disposed of at the facility.
(b) Except as provided in subsection (c) of this section, the owner and operator of a landfill disposal facility which is not operated under a hazardous waste facility permit and where a special waste is disposed of are subject to all requirements of this division which are not specifically waived by a variance granted pursuant to section 66260.210 of this division, including, but not limited to, enforcement, inspection, manifest, special measures, incompatible waste, reporting, and payment of land disposal fee requirements.
(c) The owner and operator of a landfill disposal facility authorized to dispose of a special waste pursuant to subsection (a) of this section shall be exempt from requirements implementing Health and Safety Code sections 25245 and 25246 relative to closure and postclosure plans and financial assurances so long as the facility does not handle, treat, store or dispose of any hazardous waste not specifically authorized by a variance issued by the Department or by Health and Safety Code section 25143.7.
(d) The generator of a special waste shall be subject to all generator requirements of this division.
(e) The transporter of a special waste shall be subject to all transporter requirements of this division.
(f) The owner or operator of a facility for the recycling, storage or treatment of a special waste shall have a hazardous waste facility permit for the recycling, treatment or storage of the waste at the facility.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25117, 25143 and 25150, Health and Safety Code. 
  
 



Appendix I.
Representative Sampling Methods
 
The methods and equipment used for sampling waste materials will vary with the form and consistency of the waste materials to be sampled. In addition to the sampling methods described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, 1986 (incorporated by reference, see Section 66260.11), samples collected using the sampling protocols listed below, for sampling waste with properties similar to the indicated materials, will be considered by the Department to be representative of the waste:
Standard Practice for Sampling Bituminous Materials, (e.g., extremely viscous liquid), ASTM Standard D140-88;
Standard Method of Collection and Preparation of Coke Samples for Laboratory Analysis, (e.g., crushed or powdered material), ASTM Standard D346-78;
Standard Guide for Investigating and Sampling Soil and Rock, (e.g., soil or rock-like material), ASTM Standard D420-87;
Standard Practice for Soil Investigation and Sampling by Auger Boring s, (e.g., soil-like material), ASTM Standard D1452-80;
Standard Methods for Collection of a Gross Sample of Coal, (e.g., fly Ash-like material), ASTM Standard D2234-82.
[ASTM Standards are available from ASTM, 1916 Race St., Philadelphia, PA 19103] (incorporated by reference, see Section 66260.11).
 
  Note: Authority cited: Sections 208, 25141 and 25159, Health and Safety Code. Reference: Section 25141, Health and Safety Code and 40 CFR Part 261 Appendix I. 
  

 



Appendix II.
Waste Extraction Test (WET) Procedures
 
(a) The Waste Extraction Test (WET) described in this appendix shall be used to determine the amount of extractable substance in a waste or other material as set forth in section 66261.24(a)(2).
(b) Except as provided in subdivision (d) of this appendix, the WET shall be carried out if the total concentration in the waste, or other material, of any substance listed in section 66261.24(a)(2) equals or exceeds the STLC value, but does not exceed the TTLC value, given for that substance. The total concentrations of substances listed in section 66261.24(a)(2) shall be determined by analysis of samples of wastes, or other materials, which have been prepared, or meet the conditions, for analysis as set forth in subdivisions (c) and (d) of this appendix. Methods used for analysis for total concentrations of substances listed in section 66261.24(a)(2) shall be those given in the following documents or alternate methods that have been approved by the Department pursuant to section 66260.21:
(1) for metal elements and their compounds, the waste shall be digested according to the indicated methods described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 2nd edition, U.S. Environmental Protection Agency, 1982 (incorporated by reference, see section 66260.11):
(A) all listed metal elements and their compounds, except hexavalent chromium: Method 3050;
(B) hexavalent chromium: Method 3060;
(2) for all substances listed in section 66261.24(a)(2), except organic lead compounds, the methods and references in which the methods can be found are listed in Appendix III, Table 4 of this chapter;
(3) the method used for analysis of organic lead compounds is given in Appendix XI of this chapter.
(c) Samples shall be prepared for analysis for total and extractable content of substances listed in section 66261.24(a)(2)(A) and for extractable content of substances listed in section 66261.24(a)(2)(B) as follows:
(1) Type i: if the waste or other material is a millable solid, the sample shall be passed directly, or shall be milled to pass, through a No. 10 (two millimeter) standard sieve before it is analyzed. If the sample contains non-friable solid particles which do not pass directly through a No. 10 sieve and which are extraneous and irrelevant as hazardous constituents to the waste or other material, they shall be removed to the extent feasible by mechanical means and discarded. Solids which remain in the waste or other material after removal of the aforesaid extraneous particles shall be milled to pass through a No. 10 sieve and shall then be combined and mixed well with the solids which passed through the sieve without milling. The reconstituted sample shall then be analyzed as prescribed in this appendix;
(2) Type ii: if the waste or other material is a filterable mixture of liquid and solids in which the solids constitute five-tenths (0.5) percent by weight or greater of the sample, the liquid and solids shall be separated by filtration through a 0.45 micron membrane filter. The filtrate so obtained is to be designated as Initial Filtrate. Its volume is determined, and it is retained. The separated solids shall be sieved in a No. 10 sieve and any nonfriable extraneous particles of the kinds described in subdivision (c)(1) of this appendix which do not pass through the sieve shall be removed to the extent feasible by mechanical means and discarded. The solids which remain after removal of the extraneous particles shall be milled to pass through a No. 10 sieve and shall be recombined with solids which passed through the sieve without milling. This recombined solid material shall be extracted following the procedure in subdivision (g) of this appendix. A ratio of 10 milliliters of extraction solution per gram of solid shall be utilized with appropriate modifications for extraction vessel size. After completion of solids extraction, the filtered extractant is combined with Initial Filtrate, mixed thoroughly and analyzed as described in subdivision (g)(3) of this appendix;
(3) Type iii: if the waste or other material is a nonfilterable and nonmillable sludge, slurry, or oily, tarry or resinous material, it shall be analyzed as received unless it contains non-friable extraneous and irrelevant solid particles of the kinds described in subdivision (c)(l) of this appendix. If it contains such solid particles and they are of such size as not to pass through a No. 10 sieve, they shall be removed to the extent feasible by mechanical means and discarded. The remainder of the sample shall be analyzed as prescribed in this appendix;
(4) if it is necessary to dry a solid sample or the solids fraction of a sample before sieving, milling or removal of extraneous solids, or if a sample is dried prior to analysis, all weight losses due to drying shall be determined, and these losses and the conditions of drying shall be reported.
(d) Samples shall be prepared for analysis for total content of substances listed in section 66261.24(a)(2)(B) as follows:
(1) type i: if the waste or other material is a millable solid, the sample shall be passed directly, or shall be milled to pass, through a one-millimeter standard sieve before it is analyzed. If the sample contains non-friable solid particles which do not pass directly through a one-millimeter sieve and which are extraneous and irrelevant as hazardous constituents to the waste or other material, they shall be removed to the extent feasible by mechanical means and discarded. Solids which remain in the waste or other material after removal of the aforesaid extraneous particles shall be milled to pass through a one-millimeter sieve and shall then be combined and mixed well with the solids which passed through the sieve without milling. The reconstituted sample shall then be analyzed as prescribed in this appendix;
(2) type ii: if the waste or other material is a filterable mixture of liquid and solids in which the solids constitute five-tenths (0.5) percent by weight or greater of the sample, the liquid and solids shall be separated by filtration through a 0.45 micron membrane filter. The filtrate so obtained is to be designated as Initial Filtrate. Its volume is determined, and it is retained. The separated solids shall be sieved in a one-millimeter sieve and any nonfriable extraneous particles of the kinds described in subdivision (d)(1) of this appendix which do not pass through the sieve shall be removed to the extent feasible by mechanical means and discarded. The solids which remain after removal of the extraneous particles shall be milled to pass through a one-millimeter sieve and shall be recombined with solids which passed through the sieve without milling. This recombined solid material shall be extracted following the procedure in subdivision (g) of this appendix. A ratio of 10 milliliters of extraction solution per gram of solid shall be utilized with appropriate modifications for extraction vessel size. After completion of solids extraction, the filtered extractant is combined with Initial Filtrate, mixed thoroughly and analyzed as described in subdivision (9)(3) of this appendix;
(3) type iii: if the waste or other material is a nonfilterable and nonmillable sludge, slurry, or oily, tarry or resinous material, it shall be analyzed as received unless it contains non-friable extraneous and irrelevant solid particles of the kinds described in subdivision (d)(1) of this appendix. If it contains such solid particles and they are of such size as not to pass through a one-millimeter sieve, they shall be removed to the extent feasible by mechanical means and discarded. The remainder of the sample shall be analyzed as prescribed in this appendix;
(4) if it is necessary to dry a solid sample or the solids fraction of a sample before sieving, milling or removal of extraneous solids, or if a sample is dried prior to analysis, all weight losses due to drying shall be determined, and these losses and the conditions of drying shall be reported.
(e) If the waste or other material is a liquid containing less than five-tenths (0.5) percent by weight of undissolved solids, it shall not be subject to the WET procedure, but shall be analyzed directly for the substances listed in section 66261.24(a)(2). The waste shall be classified as a hazardous waste if the total concentration in the waste of any substances listed in section 66261.24(a)(2) exceeds the TTLC value given for that substance. If, however, the total concentration is less than the TTLC but exceeds the STLC when expressed on a milligrams per liter basis, the waste or other material shall be filtered through a 0.45 micron membrane filter, the solids discarded and the filtrate shall be analyzed directly for the substances listed in section 66261.24(a)(2). The waste shall be classified as a hazardous waste if the concentration in the filtrate of any of the substances listed in section 66261.24 (a)(2) exceeds the STLC value given for that substance.
(f) The WET extraction solution shall consist of 0.2 M sodium citrate at pH 5.0 + 0.1, which is prepared by titrating an appropriate amount of analytical grade citric acid in deionized water with 4.0 N NaOH, except that the extraction solution for the determination of chromium (VI) shall consist of deionized water.
(g) The extraction procedure shall be as follows:
(1) fifty grams of sample, or less if it is a type ii sample prepared pursuant to subdivision (c)(2) or (d)(2) of this appendix, obtained pursuant to subdivision (c), (d), or (e) of this appendix shall be placed in a clean polyethylene or glass container designated the Treatment, capable of physically withstanding the extraction procedure and which was rinsed previously with, in succession, an aqueous 1:1 ratio by volume nitric acid solution and deionized water. If the extract will be analyzed for any of the organic substances listed in section 66261.24(a)(2), a glass container shall be used. Furthermore, a container of the same size, shape and material shall be used for an extraction designated as the Blank, which shall be carried through the same procedure as the Treatment, but without addition of the sample;
(2) five hundred milliliters of extraction solution, or less if the waste sample is a type ii sample prepared pursuant to subdivision (c)(2) or (d)(2) of this appendix, shall be added to the Treatment and Blank containers, which shall be then fitted with covered air scrubbers extended well into the extraction solutions and flushed vigorously with nitrogen gas for 15 minutes so as to remove and exclude atmospheric oxygen from the extraction medium. If the sample is to be analyzed for any volatile substance, such as trichloroethylene, the sample shall be added after deaeration with nitrogen to avoid volatilization loss. After deaeration the containers shall be quickly sealed with tightly fitting caps and agitated, using a table shaker, an overhead stirrer or a rotary extractor, operated at a speed which shall maintain the sample in a state of vigorously agitated suspension. Required equipment is described in test method 1310 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986 (incorporated by reference, see section 66260.11). The temperature during the extraction shall be maintained between 20 and 40 degrees centigrade. After 48 hours of extracting, the contents of the Treatment and Blank containers shall be either filtered directly or centrifuged and then filtered. Filtering shall be through a medium porosity prefilter and then through a 0.45 micron membrane filter, using a clean, thick-walled suction flask. For coarser solids, prefiltration shall not be necessary. Pressure filtration shall be an optional alternative to vacuum filtration. If the extracts are first centrifuged, glass or polyethylene bottles shall be used as prescribed for extraction. For very fine solids, centrifuging at as high as 10,000 X G may be necessary. After centrifugation, the liquids shall be decanted, prefiltered if necessary, and then passed through a 0.45 micron membrane filter. All filters shall be of low and identified extractable heavy metals, fluoride and organic chemicals content;
(3) if the filtered extracts are to be analyzed only for the metal elements listed in section 66261.24(a)(2)(A), the filtered extracts from the Treatment and Blank shall be transferred to clean polyethylene bottles and acidified with nitric acid to five percent by volume acid content soon after each extract is filtered. For those wastes or waste materials classified under subdivision (c)(2) or (d)(2) of this appendix, the Treatment shall be the Initial Filtrate combined with the extract generated by the WET extraction of the initially separated solids. Similarly the Blank in this instance shall be the filtrate generated by the WET Blank accompanying the initially separated solids, to which is subsequently added a volume of deionized water equivalent to that of the Initial Filtrate. These procedures shall be followed prior to acidification of Treatment and Blank solutions with nitric acid to five percent (by volume) acid content. The bottle shall then be stored at room temperature or frozen. If the extracts are also to be analyzed for the organic substances listed in section 66261.24(a)(2)(B), or for the organic substances only, the filtered extracts shall be transferred to clean glass bottles. If the extracts are to be analyzed for fluoride, they shall be transferred to clean polyethylene bottles. These extracts, containing organic substances or flouride, shall not be acidified, but shall be frozen soon after each extract is obtained and held frozen until the day of analysis, unless the extracts are analyzed within 24 hours.
(h) Sample analysis and data treatment shall be as follows:
(1) each of the filtered extracts from the Treatment and Blank extractions shall have been acidified to five percent by volume nitric acid, and stored at room temperature or frozen in polyethylene bottles or kept frozen without addition of acid in glass bottles until the day of analysis, as prescribed. Each of the extracts shall be thoroughly mixed just prior to being individually analyzed for the substances listed in section 66261.24(a)(2) in order to determine whether the extractable concentration (EC) in the waste or other material exceeds the STLC for any of the substances listed. The extracts shall be analyzed according to the procedures identified in subdivisions (b)(2) and (b)(3) of this appendix;
(2) the net EC of a substance in the Treatment sample which is listed in section 66261.24(a)(2) shall be calculated and reported as milligrams per liter of sample (mg/l). This value is derived after subtracting the concentration of the substance in the appropriate Blank extract from that concentration determined in the Treatment extract.
 
  Note: Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



Appendix III
Chemical Analysis Test Methods Note:Appropriate analytical procedures to
determine whether a sample contains a given toxic constituent are specified in
Chapter Two, "Choosing the Correct Procedure" found in "Test Methods for
Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846,
Third Edition and Updates (incorporated by reference in section 66260.11 of
this chapter). Prior to final sampling and analysis method selection, the
individual should consult the specific section or method described in SW-846
for additional guidance on which of the approved methods should be employed for
a specific sample analysis situation. Note: Authority cited: Sections
25141, 25159 and 58012, Health and Safety Code. Reference: Sections
25141, 25150 and 25159, Health and Safety Code and 40 CFR Part 261
Appendix III.
 
 



Appendix VII
Basis for Listing Hazardous Waste
 
_______________________________________________________________________________
EPA
Hazardous
Waste No.                      Hazardous constituents for which listed
_______________________________________________________________________________
F001                           Tetrachloroethylene, methylene chloride,
                               trichloroethylene, 1,1,1-trichloroethane, carbon
                               tetrachloride, chlorinated fluorocarbons.
F002                           Tetrachloroethylene, methylene chloride,
                               trichloroethylene, 1,1,1-trichloroethane, 1,1,2-
                               trichloroethane, chlorobenzene,
                                 1,1,2-trichloro-1,2,2-
                               trifluoroethane, ortho-dichlorobenzene,
                                 trichloro-
                               fluoromethane.
F003                           N.A.
F004                           Cresols and cresylic acid, nitrobenzene.
F005                           Toluene, methyl ethyl ketone, carbon disulfide,
                               isobutanol, pyridine, 2-ethoxyethanol, benzene,
                               2-nitropropane.
F006                           Cadmium, hexavalent chromium, nickel, cyanide
(complexed).
F007                           Cyanide (salts).
F008                           Cyanide (salts).
F009                           Cyanide (salts).
F010                           Cyanide (salts).
F011                           Cyanide (salts).
F012                           Cyanide (complexed).
F019                           Hexavalent chromium, cyanide (complexed).
F020                           Tetra- and pentachlorodibenzo-p-dioxins; tetra
                                 and
                               pentachlorodi-benzofurans; tri- and
                                 tetrachlorophenols
                               and their chlorophenoxy derivative acids,
                                 esters, ethers,
                               amine and other salts.
F021                           Penta- and hexachlorodibenzo-p-dioxins; penta-
                                 and
                               hexachlorodibenzofurans; pentachlorophenol and
                                 its
                               derivatives.
F022                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra-,
                               penta-, and hexachlorodibenzofurans.
F023                           Tetra-, and pentachlorodibenzo-p-dioxins; tetra-
                                 and
                               pentachlorodibenzofurans; tri- and
                                 tetrachlorophenols
                               and their chlorophenoxy derivative acids,
                                 esters, ethers,
                               amine and other salts.
F024                           Chloromethane, dichloromethane,
                                 trichloromethane,
                               carbon tetrachloride, chloroethylene,
                                 1,1-dichloroethane,
                               1,2-dichloroethane, trans-1-,2-dichloroethylene,
  1,1-dichloroethylene,1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane, trichloroethylene, 1,1,1,2-
                               tetrachloroethane, 1,1,2,2-tetrachloroethane,
                                 tetrachlo-
                               roethylene, pentachloroethane, hexachloroethane,
                                 allyl
                               chloride (3-chloropropene), dichloropropane,
                               dichloropropene, 2-chloro-1,3-butadiene,
                               hexachloro-1,3-butadiene,
                                 hexachlorocyclopentadiene,
                               hexachlorocycloexane, benzene, chlorobenzene,
                               dichlorobenzenes, 1,2,4-trichlorobenzene,
                               tetrachlorobenzene, pentachlorobenzene,
                               hexachlorobenzene, toluene, naphthalene.
F025                           Chloromethane, dichloromethane,
                                 trichloromethane,
                               carbon tetrachloride,
  chlorethylene,1,1-dichloroethane,
                               1,2-dichloroethane, trans-1,2-dichlorethylene,
                               1,1-dichloroethylene, 1,1,1-trichlorethane,
                                 1,1,2-
                               trichlorethane, trichlorethylene,
                                 1,1,1,2-tetrachloroethane,
                               1,1,2,2-techrachloroethane, tetrachloroethylene,
                               pentachloroethane, hexachloroethane, allyl
                                 chloride
                               (3-chloropropene), dichloropropane,
                                 dichloropropene,
                               2-chloro-1,3-butadiene, hexachloro-
                                 1,3-butadiene,
                               hexachlorocyclopentadiene, benzene,
                                 chlorobenzene,
                               dichlorobenzene, 1,2,4-trichlorobenzene,
                               tetrachlorobenzene, pentachlorobenzene,
                               hexachlorobenzene, toluene, naphthalene.
F026                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra,
                               penta-, and hexachlorodibenzofurans.
F027                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra-,
                               penta-, and hexachlorodibenzofurans; tri-,
                                 tetra-, and
                               pentachlorophenols and their chlorophenoxy
                                 derivative
                               acids, esters, ethers, amine and other salts.
F028                           Tetra-, penta-, and hexachlorodibenzo-p-dioxins;
                                 tetra-,
                               penta-, and hexachlorodibenzofurans; tri-,
                                 tetra-, and
                               pentachlorophenols and their chlorophenoxy
                                 derivative
                               acids, esters, ethers, amine and other salts.
F032                           Benz(a)anthracene, benzo(a)pyrene,
                                 dibenz(a,h)anth-
                               racene, indeno(1,2,3-cd)pyrene,
                                 pentachlorophenol,
                               arsenic, chromium, tetra-, penta-, hexa-,
                                 heptachlo-
                               rodibenzo-p-dioxins, tetra-, penta-, hexa-,
                                 heptachloro-
                               dibenzofurans.
F034                           Benz(a)anthracene, benzo(k)fluoranthene,
                                 benzo(a)py-
                               rene, dibenz(a,h)anthracene,
                                 indeno(1,2,3-cd)pyrene,
                               napthalene, arsenic, chromium.
F035                           Arsenic, chromium, lead.
F037                           Benzene, benzo(a)pyrene, chrysene, lead,
                                 chromium.
F038                           Benzene, benzo(a)pyrene, chrysene, lead,
                                 chromium.
F039                           All constituents which treatments standards are
                                 specified
                               for multi-source leachate (wastewaters and
                                 nonwaste-
                               waters) under Section 66268.43(a), Table CCW.
K001                           Pentachlorophenol, phenol, 2-chlorophenol,
                                 p-chloro-
                               m-cresol, 2,4-dimethylphenyl, 2,4-dinitrophenol,
                               trichlorophenols, tetrachlorophenols,
                                 2,4-dinitrophenol,
                               creosote, chrysene, naphthalene, fluoranthene,
                               benzo(b)fluoranthene, benzo(a) pyrene,
                               indeno(1,2,3-cd)pyrene, benz(a)anthracene,
                                 dibenz(a)
                               anthracene, acenaphthalene.
K002                           Hexavalent chromium, lead.
K003                           Hexavalent chromium, lead.
K004                           Hexavalent chromium.
K005                           Hexavalent chromium, lead.
K006                           Hexavalent chromium.
K007                           Cyanide (complexed), hexavalent chromium.
K008                           Hexavalent chromium.
K009                           Chloroform, formaldehyde, methylene chloride,
                                 methyl
                               chloride, paraldehyde, formic acid.
K010                           Chloroform, formaldehyde, methylene chloride,
                                 methyl
                               chloride, paraldehyde, formic acid,
                                 chloroacetaldehyde.
K011                           Acrylonitrile, acetonitrile, hydrocyanic acid.
K013                           Hydrocyanic acid, acrylonitrile, acetonitrile.
K014                           Acetonitrile, acrylamide.
K015                           Benzyl chloride, chlorobenzene, toluene,
                                 benzotrichloride.
K016                           Hexachlorobenzene, hexachlorobutadiene, carbon
                               tetrachloride, hexachloroethane,
                                 perchloroethylene.
K017                           Epichlorohydrin, chloroethers [bis(chloromethyl)
                                 ether
                               and bis (2-chloroethyl) ethers],
                                 trichloropropane,
                               dichloropropanols.
K018                           1,2-dichloroethane, trichloroethylene,
                                 hexachlorobu-
                               tadiene, hexachlorobenzene.
K019                           Ethylene dichloride, 1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane, tetrachloroethanes
                                 (1,1,2,2-tetrachloro-
                               ethane and 1,1,1,2-tetrachloroethane),
                                 trichloroethylene,
                               tetrachloroethylene, carbon tetrachloride,
                                 chloroform,
                               vinyl chloride, vinylidene chloride.
K020                           Ethylene dichloride, 1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane, tetrachloroethanes
                                 (1,1,2,2-tetrachloro-
                               ethane and 1,1,1,2-tetrachloroethane),
                                 trichloroethylene,
                               tetrachloroethylene, carbon tetrachloride,
                                 chloroform,
                               vinyl chloride, vinylidene chloride.
K021                           Antimony, carbon tetrachloride, chloroform.
K022                           Phenol, tars (polycyclic aromatic hydrocarbons).
K023                           Phthalic anhydride, maleic anhydride.
K024                           Phthalic anhydride, 1,4-naphthoquinone.
K025                           Meta-dinitrobenzene, 2,4-dinitrotoluene.
K026                           Paraldehyde, pyridines, 2-picoline.
K027                           Toluene diisocyanate, 2,4-toluenediamine.
K028                           1,1,1-trichloroethane, vinyl chloride.
K029                           1,2-dichloroethane, 1,1,1-trichloroethane, vinyl
                                 chloride,
                               vinylidene chloride, chloroform.
K030                           Hexachlorobenzene, hexachlorobutadiene,
                               hexachloroethane, 1,1,1,2-tetrachloroethane,
                                 1,1,2,2-
                               tetrachloroethane, ethylene dichloride.
K031                           Arsenic.
K032                           Hexachlorocyclopentadiene.
K033                           Hexachlorocyclopentadiene.
K034                           Hexachlorocyclopentadiene.
K035                           Creosote, chrysene, naphthalene, fluoranthene,
                                 benzo(b)
                               fluoranthene, benzo(a)pyrene, indeno(1,2,3-cd)
                                 pyrene,
                               benzo(a)anthracene, dibenzo(a)anthracene,
                               acenaphthalene.
K036                           Toluene, phosphorodithioic and phosphorothioic
                                 acid
                               esters.
K037                           Toluene, phosphorodithioic and phosphorothioic
                                 acid
                               esters.
K038                           Phorate, formaldehyde, phosphorodithioic and
                               phosphorothioic acid esters.
K039                           Phosphorodithioic and phosphorothioic acid
                                 esters.
K040                           Phorate, formaldehyde, phosphorodithioic and
                               phosphorothioic acid esters.
K041                           Toxaphene.
K042                           Hexachlorobenzene, ortho-dichlorobenzene.
K043                           2,4-dichlorophenol, 2,6-dichlorophenol, 2,4,6-
                               trichlorophenol.
K044                           N.A.
K045                           N.A.
K046                           Lead.
K047                           N.A.
K048                           Hexavalent chromium, lead.
K049                           Hexavalent chromium, lead.
K050                           Hexavalent chromium.
K051                           Hexavalent chromium, lead.
K052                           Lead.
K060                           Cyanide, napthalene, phenolic compounds,
                                 arsenic.
K061                           Hexavalent chromium, lead, cadmium.
K062                           Hexavalent chromium, lead.
K064                           Lead, cadmium.
K065                           Lead, cadmium.
K066                           Lead, cadmium.
K069                           Hexavalent chromium, lead, cadmium.
K071                           Mercury.
K073                           Chloroform, carbon tetrachloride,
                                 hexachloroethane,
                               trichloroethane, tetrachloroethylene,
                                 dichloroethylene,
                               1,1,2,2-tetrachloroethane.
K083                           Aniline, diphenylamine, nitrobenzene,
                                 phenylenediamine.
K084                           Arsenic.
K085                           Benzene, dichlorobenzenes, trichlorobenzenes,
                               tetrachlorobenzenes, pentachlorobenzene,
                               hexachlorobenzene, benzyl chloride.
K086                           Lead, hexavalent chromium.
K087                           Phenol, naphthalene.
K088                           Cyanide (complexes).
K090                           Chromium.
K091                           Chromium.
K093                           Phthalic anhydride, maleic anhydride.
K094                           Phthalic anhydride.
K095                           1,1,2-trichloroethane,
                                 1,1,1,2-tetrachloroethane,
                               1,1,2,2-tetrachloroethane.
K096                           1,2-dichloroethane, 1,1,1-trichloroethane,
                                 1,1,2-
                               trichloroethane.
K097                           Chlordane, heptachlor.
K098                           Toxaphene.
K099                           2,4-dichlorophenol, 2,4,6-trichlorophenol.
K100                           Hexavalent chromium, lead, cadmium.
K101                           Arsenic.
K102                           Arsenic.
K103                           Aniline, nitrobenzene, phenylenediamine.
K104                           Aniline, benzene, diphenylamine, nitrobenzene,
                               phenylenediamin
K105                           Benzene, monochlorobenzene, dichlorobenzenes,
                                 2,4,6-
                               trichlorophenol.
K106                           Mercury.
K107                           1,1-Dimethylhydrazine (UDMH).
K108                           1,1-Dimethylhydrazine (UDMH).
K109                           1,1-Dimethylhydrazine (UDMH).
K110                           1,1-Dimethylhydrazine (UDMH).
K111                           2,4-Dinitrotoluene.
K112                           2,4-Toluenediamine, o-toluidine, p-toluidine,
                                 aniline.
K113                           2,4-Toluenediamine, o-toluidine, p-toluidine,
                                 aniline.
K114                           2,4-Toluenediamine, o-toluidine, p-toluidine.
K115                           2,4-Toluenediamine.
K116                           Carbon tetrachloride, tetrachloroethylene,
                                 chloroform,
                               phosgene.
K117                           Ethylene dibromide.
K118                           Ethylene dibromide.
K123                           Ethylene thiourea.
K124                           Ethylene thiourea.
K125                           Ethylene thiourea.
K126                           Ethylene thiourea.
K131                           Dimethyl sulfate, methyl bromide.
K132                           Methyl bromide.
K136                           Ethylene dibromide.
K141                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K142                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K143                           Benzene, benz(a)anthracene,
                                 benzo(b)fluoranthene,
                               benzo(k)fluoranthene.
K144                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene.
K145                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               dibenz(a,h)anthracene, naphthalene.
K147                           Benzene, benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K148                           Benz(a)anthracene, benzo(a)pyrene,
                               benzo(b)fluoranthene, benzo(k)fluoranthene,
                               dibenz(a,h)anthracene, indeno(1,2,3-cd)pyrene.
K149                           Benzotrichloride, benzyl chloride, chloroform,
                               chloromethane, chlorobenzene,
                                 1,4-dichlorobenzene,
                               hexachlorobenzene, pentachlorobenzene,
                               1,2,4,5-tetrachlorobenzene, toluene.
K150                           Carbon tetrachloride, chloroform, chloromethane,
                               1,4-dichlorobenzene, hexachlorobenzene,
                               pentachlorobenzene, 1,2,4,5-tetrachlorobenzene,
                               1,1,2,2-tetrachloroethane, tetrachloroethylene,
                               1,2,4-trichlorobenzene.
K151                           Bebzene, carbon tetrachloride, chloroform,
                               hexachlorobenzene, pentachlorobenzene, toluene,
1,2,4,5-tetrachlorobenzene,
  tetrachloroethylene.
K156                           Benomyl, carbaryl, carbendazim, carbofuran,
carbosulfan, formaldehyde,
  methylene chloride,
triethylamine.
K157                           Carbon tetrachloride, formaldehyde, methyl
                                 chloride,
methylene chloride, pyridine,
  triethylamine.
K158                           Benomyl, carbendazim, carbofuran, carbosulfan,
chloroform, methylene
  chloride.
K159                           Benzene, butylate, eptc, molinate, pebulate,
                                 vernolate.
K161                           Antimony, arsenic, metam-sodium, ziram.
K174  1,2,3,4,6,7,8-Heptachlorodibenzo-p-dioxin
                               (1,2,3,4,6,7,8-HpCDD),
  1,2,3,4,6,7,8-Heptachlorodibenzofuran
                                 (1,2,3,4,6,7,8-HpCDF),
  1,2,3,4,7,8,9-Heptachlorodibenzofuran
                                 (1,2,3,4,7,8,9-HpCDF),
HxCDDs                         (All Hexachlorodibenzo-p-dioxins, HxCDFs (All
                               Hexachlorodibenzofurans), PeCDDs (All
                                 Pentachlorodibenzo-p-
dioxins),                      OCDD
  (1,2,3,4,6,7,8,9-Octachlorodibenzo-p-dioxin),
                                 OCDF
  (1,2,3,4,6,7,8,9-Octachlorodibenzofuran), PeCDFs
                                 (All
                               Pentachlorodibenzofurans), TCDDS (All
  tetrachlorodi-benzo-p-dioxins), TCDFs (All
                               tetrachlorodibenzofurans)
K175                           Mercury
 
N.A. -Waste is hazardous because it exhibits the characteristic of ignitability, corrosivity or reactivity.
 
  Note: Authority cited: Sections 25140, 25141, 25150, 25159 and  58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159, Health and Safety Code; and 40 CFR Part 261 Appendix VII. 
  



Appendix VIII
Hazardous Constituents
 
_______________________________________________________________________________
                                     Chemical    Haz.
                                     Abstracts    Waste
Common Name                          Chemical Abstracts Name   No.        No.
_______________________________________________________________________________
A2213                                Ethanimidothioic acid,    30558-43-  U394
      -1
2- (dimethylamino)
-N-hydroxy-2-oxo-,
methyl ester
Acetonitrile                         Same    75-05-8    U003
Acetophenone                         Ethanone, 1-phenyl-    98-86-2    U004
2-Acetylaminefluarone                Acetamide, N-9H-fluoren-  53-96-3    U005
2-yl-
Acetyl chloride                      Same    75-36-5    U006
1-Acety1-2-thiourea                  Acetamide,    591-08-2   P002
                                       N-(aminothioxo
methyl)-
Acrolein                             2-Propenal    107-02-8   P003
Acrylamide                           2-Propenamide    79-06-1    U007
Acrylonitrile                        2-Propenenitrile    107-13-1   U009
Aflatoxins                           Same    1402-68-2
Aldicarb                             Propanal, 2-methyl-2-    116-06-3   P070
(methylthio)-,O-[(methyl-
amino)carbonyl]oxime
Aldicarb sulfone                     Propanal, 2-methyl-2-    1646-88-4  P203
(methylsulfonyl)-,
O-[(methylamino) carbonyl]
oxime
Aldrin  1,4,5,8-Dimethanonaphth-  309-00-2   P004
                                       a-
lene, 1,2,3,4,10,10-hexa
chloro-1,4,4a,5,8,8a-hexa
hydro-,(1alpha,4alpha,
4abeta,5alpha,8alpha,
8abeta)-
Allyl alcohol                        2-Propen-1-ol    107-18-6   P005
Allyl chloride                       1-Propene, 3-chloro    107-05-1
Aluminum phosphide                   Same    20859-73-  P006
      -8
4-Aminobiphenyl                      [1,1'-Biphenyl]-4-amine   92-67-1
5-(Aminomethyl)-3-                   3(2H)-Isoxazolone, 5-    2763-96-4  P007
 isoxazolol                          (aminomethyl)-
4-Aminopyridine                      4-Pyridinamine    504-24-5   P008
Amitrole  1H-1,2,4-Triazol-3-amine  61-82-5    U011
Ammonium vanadate                    Vanadic acid, ammonium    7803-55-6  P119
                                       salt
Aniline                              Benzenamine    62-53-3    U012
Antimony                             Same    7440-36-0
Antimony compounds                   N.O.S.
Aramite                              Sulfurous acid, 2-chloro  140-57-8
ethyl 2-[4-(1,1-dimethyl
ethyl)phenoxy]-1-methyl-
ethyl ester
Arsenic                              Same    7440-38-2
Arsenic compounds,                   N.O.S.
Arsenic acid                         Arsenic acid H    7778-39-4  P010
Arsenic pentoxide                    Arsenic oxide As    1303-28-2  P011
Arsenic trioxide                     Arsenic oxide As    1327-53-3  P012
Auramine                             Benzenamine, 4,4'-    492-80-8   U014
carbonimidoylbis[N,N-
dimethyl
Azaserine                            L-Serine, diazoacetate    115-02-6   U015
(ester)
Barban                               Carbamic acid,    101-27-9   U280
(3-chlorophenyl)-,4-chloro-
2-butynyl ester
Barium                               Same    7440-39-3
Barium compounds                     N.O.S.
Barium cyanide                       Same    542-62-1   P013
Bendiocarb                           1,3-Benzodioxol-4-ol,    22781-23-  U278
      -3
2,2-dimetyl-, methyl
carbamate
Bendiocarb phenol                    1,3-Benzodioxol-4-ol,    22961-82-  U364
      -6
2,2-dimethyl-,
Benomyl                              Carbamic acid, [1-    17804-35-  U271
      -2
[(butylamino) carbonyl]-
1H-benzimidazol-2-yl]-,
methyl ester
Benz[c]acridine                      Same    225-51-4   U016
Benz[a]anthracene                    Same    56-55-3    U018
Benzal chloride                      Benzene,    98-87-3    U017
                                       (dichloromethyl)-
Benzene                              Same    71-43-2    U019
Benzenearsonic acid                  Arsonic acid, phenyl-    98-05-5
Benzidine                            [1,1'-Biphenyl]-4,4'-    92-87-5    U021
diamine
Benzo[b]fluoranthene  Benz[e]acephenanthrylene  205-99-2
Benzo[j]fluoranthene                 sSame    205-82-3
Benzo[a]pyrene                       Same    50-32-8    U022
p-Benzoquinone                       2,5-Cyclohexadiene-1,4-   106-51-4   U197
dione
Benzo(k)fluoranthene                 Same    207-08-09
Benzotrichloride                     Benzene,    98-07-7    U023
                                       (trichloromethyl)-
Benzyl chloride                      Benzene, (chloromethyl)-  100-44-7   P028
Beryllium compounds                  N.O.S.
Beryllium Powder                     Same    7440-41-7  P015
Bis(pentamethylene)-                 Piperidine,    120-54-7   none
thiuram tetrasulfide  1,1'-(tetrathiodicarbon-
                                       othioyl)-
bis-
Bromoacetone                         2-Propanone, 1-bromo-    598-31-2   P017
Bromoform                            Methane, tribromo-    75-25-2    U225
4-Bromophenyl                        Benzene, 1-bromo-4-    101-55-3   U030
 phenyl ether                        phenoxy
Brucine                              Strychnidin-10-one, 2,3-  357-57-3   P018
dimethoxy
Butyl benzyl                         1,2-Benzenedicarboxylic   85-68-7
 phthalate                           acid, butyl phenylmethyl
ester
Butylate                             Carbamothioic acid,    2008-41-5  none
bis(2-methylpropyl)-,
S-ethyl ester
Cacodylic acid                       Arsinic acid, dimethyl-   75-60-5    U136
Cadmium    Same       7440-
                 -4-
                 3-9
Cadmium compounds                    N.O.S.
Calcium chromate                     Chromic acid, H    13765-19-  U032
      -0
calcium salt
Calcium cyanide                      Calcium cyanide Ca(CN)    592-01-8   P021
Carbaryl                             1-Naphthalenol,    63-25-2    U279
methylcarbamate
Carbendazim                          Carbamic acid,    10605-21-  U372
      -7
1H-benzimidazol-2-yl,
methyl ester
Carbofuran                           7-Benzofuranol,    1563-66-2  P127
2,3-dihydro-2,2-dimethyl-,
methylcarbamate
Carbofuran phenol                    7-Benzofuranol,    1563-38-8  U367
2,3-dihydro-2,2-dimethyl-
Carbon disulfide                     Same    75-15-0    P022
Carbon oxyfluoride                   Carbonic difluoride    353-50-4   U033
Carbon tetrachloride                 Methane, tetrachloro-    56-23-5    U211
Carbosulfan                          Carbamic acid,    55285-14-  P189
      -8
[(dibutylamino) thio]
methyl-,2,3-dihydro-2,2-
dimethyl-7-benzofuranyl ester
Chloral                              Acetaldehyde, trichloro-  75-87-6    U034
Chlorambucil                         Benzenebutanoic acid, 4-  305-03-3   U035
[bis(2-chloroethyl)amino]-
Chlordane  4,7-Methano-1H-indene,1-  57-74-9    U036
                                       ,2,
4,5,6,7,8,8-octachloro-2,
3,3a,4,7,7a-hexahydro-
Chlordane (alpha and               U036
 gamma isomers)
Chlorinated benzenes                 N.O.S.
Chlorinated ethane                   N.O.S.
Chlorinated
 fluorocarbons                       N.O.S.
Chlorinated naphtha-
 lene                                N.O.S.
Chlorinated phenol                   N.O.S.
Chlornaphazine                       Naphthalenamine,    494-03-1   U026
                                       N,N'-bis
(2-chloroethyl)-
Chloroacetaldehyde                   Acetaldehyde, chloro-    107-20-0   P023
Chloroalkyl ethers                   N.O.S.
p-Chloroaniline                      Benzenamine, 4-chloro    106-47-8   P024
Chlorobenzene                        Benzene, chloro-    108-90-7   U037
Chlorobenzilate                      Benzeneacetic acid, 4-    510-15-6   U038
chloro-alpha-(4-chloro-
phenyl)-alpha-hydroxy-,
ethyl ester
p-Chloro-m-cresol                    Phenol,    59-50-7    U039
                                       4-chloro-3-methyl-
2-Chloroethyl vinyl                  Ethene,    110-75-8   U042
                                       (2-chloroethoxy)-
ether
Chloroform                           Methane, trichloro-    67-66-3    U044
Chloromethyl methyl                  Methane, chloromethoxy-   107-30-2   U046
ether
beta-Chloro-                         Napthalene, 2-chloro-    91-58-7    U047
naphthalene
o-Chlorophenol                       Phenol, 2-chloro-    95-57-8    U048
1-(o-Chlorophenyl)                   Thiourea,    5344-82-1  P026
                                       (2-chlorophenyl)-
thiourea
Chloroprene                          1,3-Butadiene, 2-chloro-  126-99-8
3-Chloropropio-                      Propanenitrile,    542-76-7   P027
                                       3-chloro-
nitrile
Chromium                             Same    7440-47-3
Chromium compounds                   N.O.S.
Chrysene                             Same    218-01-9   U050
Citrus red No. 2                     2-Naphthalenol, 1-[(2,5-  6358-53-8
dimethoxyphenyl)azo]-
Coal tar creosote                    Same    8007-45-2
Copper cyanide                       Copper cyanide CuCN    544-92-3   P029
Copper                               Copper,    137-29-1   none
dimethyldithiocarbamate  bis(dimethylcarbamodith-
                                       ioato-
S,S')-,
Creosote    Same       U051
Cresol (Cresylic acid)               Phenol, methyl-    1319-77-3  U052
Crotonaldehyde                       2-Butenal    4170-30-3  U053
m-Cumenyl                            Phenol,    64-00-6    P202
                                       3-(methylethyl)-,
methylcarbamate                      methyl carbamate
Cyanides (soluble salts               P030
 and complexes)                      N.O.S.
Cyanogen                             Ethanedinitrile    460-19-5   P031
Cyanogen bromide                     Cyanogen bromide (CN)Br   506-68-3   U246
Cyanogen chloride                    Cyanogen chloride (CN)Cl  506-77-4   P033
Cycasin                              beta-D-Glucopyranoside,   14901-08-
      -7
(methyl-ONN-azoxy)methyl
Cycloate                             Carbamothioic acid,    1134-23-2  none
cyclohexylethyl-, S-ethyl ester
2-Cyclohexyl-4,6-                    Phenol, 2-cyclohexyl-4,   131-89-5   P034
 dinitrophenol                       6-dinitro-
Cyclophosphamide  2H-1,3,2-0xazaphosphori-  50-18-0    U058
                                       n-
2-amine, N,N-bis(2-chloro-
ethyl)tetrahydro-, 2-oxide
2,4-D                                Acetic acid,    94-75-7    U240
                                       (2,4-dichloro-
phenoxy)-
2,4-D, salts and esters               U240
Daunomycin                           5,12-Naphthacenedione,    20830-81-  U059
                                       8-      -3
acetyl-10-[(3-amino-2,3,
6-trideoxy-alpha-L-lyxo-
hexopyranosyl)oxy]-7,8,9,10-
tetrahydro-6,8,11-trihy-
droxy-1-methoxy-, (8S-cis)-
Dazomet                              2H-1,3,5-thiadiazine-2-   533-74-4   none
thione, tetrahydro-3,5-dimethyl
DDD                                  Benzene,    72-54-8    U060
                                       1,1'-(2,2-dichlo-
roethylidene)bis[4-chloro-
DDE                                  Benzene, 1,1'-(dichloro-  72-55-9
ethenylidene)bis[4-chloro-
DDT                                  Benzene,    50-29-3    U061
                                       1,1'-(2,2,2-tri-
chloroethylidene)bis[4-
chloro-
Diallate                             Carbamothioic acid, bis   2303-16-4  U062
(1-methylethyl)-, S-(2,3-
dichloro-2-propenyl) ester
Dibenz[a,h]acridine                  Same    226-36-8
Dibenz[a,j]acridine                  Same    224-42-0
Dibenz[a,h]anthracene                Same    53-70-3    U063
7H -Dibenzo[c,g]                     Same    194-59-2
 carbazole
Dibenzo[a,e]pyrene                   Naphtho[1,2,3,4-def]    192-65-4
chrysene
Dibenzo[a,h]pyrene                   Dibenzo[b,def]chrysene    189-64-0
Dibenzo[a,i]pyrene                   Dibenzo[rst]pentaphene    189-55-9   U064
1,2-Dibromo-3-                       Propane, 1,2-dibromo-3-   96-12-8    U066
 chloropropane                       chloro-
Dibutyl phthalate                    1,2-Benzenedicarboxylic   84-74-2    U069
acid, dibutylester
o-Dichlorobenzene                    Benzene, 1,2-dichloro-    95-50-1    U070
m-Dichlorobenzene                    Benzene, 1,3-dichloro-    541-73-1   U071
p-Dichlorobenzene                    Benzene, 1,4-dichloro-    106-46-7   U072
Dichlorobenzene,                     Benzene, dichloro-    25321-22-
      -6
 N.O.S.
3,3'-Dichloro                        [1,1'-Biphenyl]-4,4'-    91-94-1    U073
 benzidine                           diamine, 3,3'-dichloro-
1,4-Dichloro-2-                      2-Butene, 1,4-dichloro-   764-41-0   U074
 butene
Dichlorodifluoro-                    Methane,    75-71-8    U075
                                       dichlorodifluoro-
 methane
Dichloroethylene,                    Dichloroethylene    25323-30-
      -2
 N.O.S.
1,1-Dichloro-                        Ethene, 1,1-dichloro-    75-35-4    U078
 ethylene
1,2-Dichloro-                        Ethene, 1,2-dichloro-,    156-60-5   U079
 ethylene                            (E)-
Dichloroethyl                        Ethane, 1,1'oxybis    111-44-4   U025
 ether                               [2-chloro-
Dichloroisopropyl                    Propane, 2,2'-oxybis    108-60-1   U027
 ether                               [1-chloro-
Dichloromethoxy                      Ethane,    111-91-1   U024
                                       1,1'-[methylenebis
 ethane                              (oxy)]bis[2-chloro-
Dichloromethyl                       Methane, oxybis[chloro-   542-88-1   P016
 ether
2,4-Dichlorophenol                   Phenol, 2,4-dichloro-    120-83-2   U081
2,6-Dichlorophenol                   Phenol, 2,6-dichloro-    87-65-0    U082
Dichlorophenyl-                      Arsonous dichloride,    696-28-6   P036
 arsine                              phenyl-
Dichloropropane,                     Propane, dichloro-    26638-19-
      -7
 N.O.S.
Dichloropropanol,                    Propanol, dichloro-    26545-73-
      -3
 N.O.S.
Dichloropropene,                     1-Propene, dichloro-    26952-23-
      -8
 N.O.S. [FN1]
1,3-Dichloropropene                  1-Propene, 1,3-dichloro-  542-75-6   U084
Dieldrin                             2,7:3,6-Dimethanonaphth   60-57-1    P037
[2,3-b]oxirene, 3,4,5,6,
9,9-hexachloro-1a,2,2a,3,
6,6a,7,7a-octahydro-,
(1aalpha,2beta,2aalpha,
3beta,6beta,6aalpha,
7beta,7aalpha)-
1,2:3,4-Diepoxy                      2,2'-Bioxirane    1464-53-5  U085
 butane
Diethylarsine                        Arsine, diethyl-    692-42-2   P038
1,4-Diethyleneoxide                  1,4-Dioxane    123-91-1   U108
Diethylene glycol,                   Ethanol, 2,2'-oxybis-,    5952-26-1  U395
dicarbamate                          discarbamate
Diethylhexyl                         1,2-Benzenedicarboxylic   117-81-7   U028
 phthalate                           acid, bis(2-ethylhexyl)
ester
N,N'-Diethylhydrazine                Hydrazine, 1,2-diethyl    1615-80-1  U086
O,O-Diethyl S-methyl                 Phosphorodithioic acid,   3288-58-2  U087
 dithiophosphate                     O,O-diethyl S-methyl
                                       ester
Diethyl-p-nitrophenyl                Phosphoric acid, diethyl  311-45-5   P041
 phosphate                           4-nitrophenyl ester
Diethyl phthalate                    1,2-Benzenedicarboxylic   84-66-2    U088
acid, diethyl ester
O,O-Diethyl O-pyra-                  Phosphorothioic acid,    297-97-2   P040
 zinyl phosphoro-                    O,O-diethyl O-pyrazinyl
 thioate                             ester
Diethylstilbestrol                   Phenol,    56-53-1    U089
                                       4,4'-(1,2-diethyl-
1,2-ethenediyl)bis-, (E)-
Dihydrosafrole                       1,3-Benzodioxole,    94-58-6    U090
                                       5-propyl-
Diisopropyl-                         Phosphorofluoridic acid,  55-91-4    P043
 fluorophosphate                     bis(1-methylethyl) ester
 (DFP)
Dimethoate                           Phosphorodithioic acid,   60-51-5    P044
O,O-dimethyl S-[2-
(methylamino)-2-
oxoethyl] ester
3,3'-Dimethoxy                       [1,1'-Biphenyl]-4,4'-    119-90-4   U091
 Benzidine                           diamine, 3,3'-dimethoxy-
p-Dimethylaminoazo-                  Benzenamine,    60-11-7    U093
                                       N,N-dimethyl-
 benzene                             4-(phenylazo)-
7,12-Dimethylbenz[a]                 Benz[a]anthracene,    57-97-6    U094
 anthracene                          7,12-dimethyl-
3,3'-Dimethylbenzidine               [1,1'-Biphenyl]-4,    119-93-7   U095
4'-diamine, 3,3'-dimethyl-
Dimethylcarbamoyl                    Carbamic chloride,    79-44-7    U097
 chloride                            dimethyl-
1,1-Dimethylhydrazine                Hydrazine, 1,1-dimethyl-  57-14-7    U098
1,2-Dimethylhydrazine                Hydrazine, 1,2-dimethyl-  540-73-8   U099
alpha, alpha-Dimethyl-               Benzeneethanamine,    122-09-8   P046
                                       alpha,
 phenethylamine                      alpha-dimethyl-
2,4-Dimethylphenol                   Phenol, 2,4-dimethyl-    105-67-9   U101
Dimethyl phthalate                   1,2-Benzenedicarboxylic   131-11-3   U102
acid, dimethyl ester
Dimethylsulfate                      Sulfuric acid, dimethyl   77-78-1    U103
ester
Dimetilan                            Carbamic acid,    644-64-4   P191
dimethyl-, 1- [(dimethylamino)
carbonyl]-5-methyl-1H-
pyrazol-3-yl ester
Dinitrobenzene,                      Benzene, dinitro-    25154-54-
      -5
 N.O.S.
4,6-Dinitro-o-cresol                 Phenol, 2-methy1-4,6-    534-52-1   P047
dinitro-
4,6-Dinitro-o-cresol               P047
 salts
2,4-Dinitrophenol                    Phenol, 2,4-dinitro-    51-28-5    P048
2,4-Dinitrotoluene                   Benzene, 1-methyl-2,4-    121-14-2   U105
dinitro-
2,6-Dinitrotoluene                   Benzene, 2-methyl-1,3-    606-20-2   U106
dinitro-
Dinoseb                              Phenol,    88-85-7    P020
                                       2-(1-methylpropyl)-
4,6-dinitro-
Di-n-octyl phthalate                 1,2-Benzenedicarboxylic   117-84-0   U017
acid, dioctyl ester
Diphenylamine                        Benzenamine, N-phenyl-    122-39-4
1,2-Diphenylhydrazine                Hydrazine, 1,2-diphenyl-  122-66-7   U109
iDi-n-propylnitros-                  1-Propanamine,    621-64-7   U111
                                       N-nitroso-
 amine                               N-propyl-
Disulfiram                           Thioperoxydicarbonic,    97-77-8    none
diamide, tetraethyl
Disulfoton                           Phosphorodithioic acid,   298-04-4   P039
O,O-diethyl S-[2-(ethyl-
thio)ethyl] ester
Dithiobiuret                         Thioimidodicarbonic    541-53-7   P049
                                       diamide
[(H
Endosulfan                           6,9-Methano-2,4,3-    115-29-7   P050
benzodioxathiepin, 6,7,8,
9,10,10-hexachloro-1,5,5a,
6,9,9a- hexahydro-, 3-
oxide
Endothall  7-Oxabicyclo[2.2.1]hept-  145-73-3   P088
                                       ane-
2,3-dicarboxylic acid
Endrin                               2,7:3,6-Dimethanonaphth   72-20-8    P051
[2,3-b]oxirene, 3,4,5,6,
9,9-hexachloro-1a,2,2a,3,
6,6a,7,7a-octahydro-,
(laalpha,2beta,2abeta,
3alpha,6alpha,6abeta,
7beta, 7aalpha)-
Endrin metabolites               P051
Epichlorohydrin                      Oxirane, (chloromethyl)-  106-89-8   U041
Epinephrine                          1,2-Benzenediol, 4-    51-43-4    P042
[1-hydroxy-2-(methyl-
amino) ethyl]-,(R)-
EPTC                                 Carbamothioic acid,    759-94-4   none
dipropyl-, S-ethyl ester
Ethyl carbamate                      Carbamic acid, ethyl    51-79-6    U238
                                       ester
 (urethane)
Ethyl cyanide                        Propanenitrile    107-12-0   P101
Ethyl Ziram                          Zinc,    14324-55-  none
      -1
bis(diethylcarbamodithioato-
S,S')-
Ethylenebisdithiocar-                Carbamodithioic acid,    111-54-6   U114
                                       1,2-
 bamic acid                          ethanediylbis-
Ethylenebisdithiocar-               U114
 bamic acid, salts
 and esters
Ethylene dibromide                   Ethane, 1,2-dibromo-    106-93-4   U067
Ethylene dichloride                  Ethane, 1,2-dichloro-    107-06-2   U077
Ethylene glycol                      Ethanol, 2-ethoxy-    110-80-5   U359
 monoethyl ether
Ethyleneimine                        Aziridine    151-56-4   P054
Ethylene oxide                       Oxirane    75-21-8    U115
Ethylenethiourea                     2-Imidazolidinethione    96-45-7    U116
Ethylidene                           Ethane, 1,1-dichloro-    75-34-3    U076
 dichloride
Ethyl methacrylate                   2-Propenoic acid, 2-    97-63-2    U118
methyl-, ethyl ester
Ethyl methanesul-                    Methanesulfonic acid,    62-50-0    U119
 fonate                              ethyl ester
Famphur                              Phosphorothioic acid,    52-85-7    P097
                                       0-[4-
[(dimethylamino) sulfonyl]
phenyl] O,O-dimethyl ester
Ferbam                               Iron,    14484-64-  none
      -1
tris(dimethylcarbamodithioato-
S,S')-,
Fluoranthene                         Same    206-44-0   U120
Fluorine                             Same    7782-41-4  P056
Fluoroacetamide                      Acetamide, 2-fluoro-    640-19-7   P057
Fluoroacetic acid,                   Acetic acid, fluoro-,    62-74-8    P058
 sodium salt                         sodium salt
Formaldehyde                         Same    50-00-0    U122
Formetanate                          Methanimidamide,    23422-53-  P198
      -9
hydrochloride                        N,N-dimethyl-N'-[3-
[[(methylamino) carbonyl]oxy]
phenyl]-,monohydrochloride
Formic acid                          Same    64-18-6    U123
Formparanate                         Methanimidamide,    17702-57-  P197
      -7
N,N-dimethyl-N'-[2-
methyl-4-[[(methylamino)
carbonyl]oxy]phenyl]-.
Glycidylaldehyde                     Oxiranecarboxyaldehyde    765-34-4   U126
Halomethanes, N.O.S.
Heptachlor                           4,7-Methano-1H-indene,    76-44-8    P059
                                       1,4,
5,6,7,8,8-heptachloro-3a,
4,7,7a-tetrahydro-
Heptachlorodibenzo-
 furans
Heptachlorodibenzo-p-
 dioxins
Heptachlor epoxide                   2,5-Methano-2H-indeno    1024-57-3
[1,2-b]oxirene,2,3,4,5,6,
7,7-heptachloro-1a,1b,5,5a,
6,6a-hexahydro-(1aalpha,
1bbeta,2alpha,5alpha,
5abeta,6beta,6aalpha)-
Heptachlor epoxide
 (alpha, beta, and
 gamma isomers)
Hexachlorobenzene                    Benzene, hexachloro-    118-74-1   U127
Hexachlorobutadiene                  1,3-Butadiene,    87-68-3    U128
                                       1,1,2,3,4,
4-hexachloro-
Hexachlorocyclopen-                  1,3-Cyclopentadiene,    77-47-4    U130
                                       1,2,
 tadiene                             3,4,5,5-hexachloro-
Hexachlorodibenzo-p-
 dioxins
Hexachlorodibenzo-
 furans
Hexachloroethane                     Ethane, hexachloro-    67-72-1    U131
Hexachlorophene                      Phenol,    70-30-4    U132
                                       2,2'-methylenebis
[3,4,6-trichloro-
Hexachloropropene                    1-Propene, 1,1,2,3,3,3,-  1888-71-7  U243
hexachloro-
Hexaethyl tetraphos-                 Tetraphosphoric acid,    757-58-4   P062
 phate                               hexaethyl ester
Hydrazine                            Same    302-01-2   U133
Hydrogen cyanide                     Hydrocyanic acid    74-90-8    P063
Hydrogen fluoride                    Hydrofluoric acid    7664-39-3  U134
Hydrogen sulfide                     Hydrogen sulfide H    7783-06-4  U135
Indeno[1,2,3-cd]-                    Same    193-39-5   U137
 pyrene
3-Iodo-2-propynyl                    Carbamic acid, butyl-, .  55406-53-  none
      -6
n-butylcarbamate                     3-iodo-2-propynyl ester
Isobutyl alcohol                     1-Propanol, 2-methyl-    78-83-1    U140
Isodrin  1,4,5,8-Dimethanonaphth-  465-73-6   P060
                                       a-
lene,1,2,3,4,10,10-hexa-
chloro-1,4,4a,5,8,8a-
hexa-hydro-,(1alpha,
4alpha,4abeta,5beta,8beta,
8abeta)-
Isolan                               Carbamic acid,    119-38-0   P192
dimethyl-,3-methyl-1-
(1-methylethyl)-
1H-pyrazol-5-yl ester
Isosafrole                           1,3-Benzodioxole, 5-    120-58-1   U141
(1-propenyl)-
Kepone  1,3,4-Metheno-2H-cyclob-  143-50-0   U142
                                       uta
[cd]pentalen-2-one,1,1a,
3,3a,4,5,5,5a,5b,6-deca-
chlorooctahydro-
Lasiocarpine                         2-Butenoic acid,    303-34-4   U143
                                       2-methyl-,
7-[[2,3-dihydroxy-2-
(1-methoxyethyl)-3-methyl-
1-oxobutoxy]methyl]-2,3,5,
7a-tetrahydro-1H-pyrroli-
zin-1-yl ester,[1S-[1alpha
(Z),7(2S*,3R*),7aalpha]]-
Lead                                 Same    7439-92-1
Lead compounds,
 N.O.S. [FN1]
Lead acetate                         Acetic acid, lead (2+)    301-04-2   U144
                                       salt
Lead phosphate                       Phosphoric acid, lead    7446-27-7  U145
                                       (2+)
salt (2:3)
Lead subacetate                      Lead, bis(acetato-O)    1335-32-6  U146
tetrahydroxytri-
Lindane                              Cyclohexane,    58-89-9    U129
                                       1,2,3,4,5,6-
hexachloro-, (1alpha,
2alpha,3beta,4alpha,
5alpha,6beta)
Maleic anhydride                     2,5-Furandione    108-31-6   U147
Maleic hydrazide                     3,6-Pyridazinedione,    123-33-1   U148
                                       1,2-
dihydro-
Malononitrile                        Propanedinitrile    109-77-3   U149
Manganese                            Manganese,    15339-36-  P196
      -3
dimethyldithiocarbamate  bis(dimethylcarbamodith-
                                       ioato-
S,S')-,
Melphalan                            L-Phenylalanine,    148-82-3   U150
                                       4-[bis(2-
chloroethyl)aminol]-
Mercury                              Same    7439-97-6  U151
Mercury compounds,
 N.O.S. [FN1]
Mercury fulminate                    Fulminic acid, mercury    628-86-4   P065
                                       (2+)
salt
Metam Sodium                         Carbamodithioic acid,    137-42-8   none
methyl-, monosodium salt
Methacrylonitrile                    2-Propenenitrile,    126-98-7   U152
2-methyl-
Methapyrilene                        1,2-Ethanediamine, N,N-   91-80-5    U155
dimethyl-N'-2-pyridinyl-
N'-(2-thienylmethyl)-
Methiocarb                           Phenol, (3,5-dimethyl-    2032-65-7  P199
4-(methylthio)-,
methylcarbamate
Methomyl                             Ethanimidothioic acid,    16752-77-  P066
                                       N-      -5
[[(methylamino)carbonyl]
oxy]-, methyl ester
Methoxychlor                         Benzene,    72-43-5    U247
                                       1,1'-(2,2,2-tri-
chloroethylidene)bis
[4-methoxy-
Methyl bromide                       Methane, bromo-    74-83-9    U029
Methyl chloride                      Methane, chloro-    74-87-3    U045
Methyl                               Carbonochloridic acid,    79-22-1    U156
 chlorocarbonate                     methyl ester
Methyl chloroform                    Ethane, 1,1,1-trichloro-  71-55-6    U226
3-Methylcholanthrene                 Benz[j]aceanthrylene,    56-49-5    U157
                                       1,2-
dihydro-3-methyl-
4,4'-Methylenebis                    Benzenamine,    101-14-4   U158
                                       4,4'-methyl-
 (2-chloroaniline)                   enebis[2-chloro-
Methylene bromide                    Methane, dibromo-    74-95-3    U068
Methylene chloride                   Methane, dichloro-    75-09-2    U080
Methyl ethyl ketone                  2-Butanone    78-93-3    U159
 (MEK)
Methyl ethyl ketone                  2-Butanone, peroxide    1338-23-4  U160
 peroxide
Methyl hydrazine                     Hydrazine, methyl-    60-34-4    P068
Methyl iodide                        Methane, iodo-    74-88-4    U138
Methyl isocyanate                    Methane, isocyanato-    624-83-9   P064
2-Methyllactonitrile                 Propanenitrile,    75-86-5    P069
                                       2-hydroxy-
2-methyl-
Methyl methacrylate                  2-Propenoic acid, 2-    80-62-6    U162
methyl-, methyl ester
Methyl methanesul-                   Methanesulfonic acid,    66-27-3
 fonate                              methyl ester
Methyl parathion                     Phosphorothioic acid,    298-00-0   P071
                                       0,0-
dimethyl 0-(4-nitrophenyl)
ester
Methylthiouracil                     4(1H)-Pyrimidinone, 2,3-  56-04-2    U164
dihydro-6-methy1-2-
thioxo-
Metolcarb                            Carbamic acid, methyl-,   1129-41-5  P190
3-methylphenyl ester
Mexacarbate                          Phenol,    315-18-4   P128
4-(dimethylamino)-3,5-
dimethyl-,methylcarbamate
(ester)
Mitomycin C  Azirino[2,3':3,4]pyrrolo  50-07-7    U010
[1,2-a]indole-4,7-dione,
6-amino-8-[[(aminocarbonyl)          oxy]methyl]-
1,1a,2,8,8a,
8b-hexahydro-8a-methoxy-
5-methyl-, [1aS-(1aalpha,
8beta,8aalpha,8balpha)]-
MNNG                                 Guanidine, N-methyl-N'-   70-25-7    U163
nitro-N-nitroso-
Molinate  1H-Azepine-1-carbothioic  2212-67-1  none
acid, hexahydro-, S-ethyl
ester
Mustard gas                          Ethane, 1,1'-thiobis[2-   505-60-2
chloro-
Naphthalene                          Same    91-20-3    U165
1,4-Naphthoquinone                   1,4-Naphthalenedione    130-15-4   U166
alpha-Naphthylamine                  1-Naphthalenamine    134-32-7   U167
beta-Naphthylamine                   2-Naphthalenamine    91-59-8    U168
alpha-Naphthylthiourea               Thiourea,    86-88-4    P072
                                       1-naphthalenyl-
Nickel                               Same    7440-02-0
Nickel compounds,
 N.O.S. [FN1]
Nickel carbonyl                      Nickel carbonyl Ni(CO)    13463-39-  P073
      -3
(T-4)-
Nickel cyanide                       Nickel cyanide Ni(CN)    557-19-7   P074
Nicotine                             Pyridine, 3-(1-methyl-2-  54-11-5    P075
pyrrolidinyl)-, (S)-
Nicotine salts               P075
Nitric oxide                         Nitrogen oxide NO    10102-43-  P076
      -9
p-Nitroaniline                       Benzenamine, 4-nitro-    100-01-6   P077
Nitrobenzene                         Benzene, nitro-    98-95-3    U169
Nitrogen dioxide                     Nitrogen oxide NO    10102-44-  P078
      -0
Nitrogen mustard                     Ethanamine, 2-chloro-N-   51-75-2
(2-chloroethyl)-N-methyl-
Nitrogen mustard,
 hydrochloride salt
Nitrogen mustard                     Ethanamine, 2-chloro-N-   126-85-2
 N-oxide  (2-chloroethyl)-N-methy-
                                       l-,
N-oxide
Nitrogen mustard,
 N-oxide,
 hydrochloride salt
Nitroglycerin                        1,2,3-Propanetriol,    55-63-0    P081
trinitrate
p-Nitrophenol                        Phenol, 4-nitro-    100-02-7   U170
2-Nitropropane                       Propane, 2-nitro-    79-46-9    U171
Nitrosamines, N.O.S.    35576-91-
      -1
N-Nitrosodi-n-                       1-Butanamine, N-butyl-N-  924-16-3   U172
 butylamine                          nitroso-
N-Nitrosodiethanol-                  Ethanol, 2,2'-(nitroso-   1116-54-7  U173
 amine                               imino)bis-
N-Nitrosodiethylamine                Ethanamine, N-ethyl-N-    55-18-5    U174
nitroso-
N-Nitrosodimethyl-                   Methanamine, N-methyl-N-  62-75-9    P082
 amine                               nitroso-
N-Nitroso-N-ethylurea                Urea, N-ethyl-N-nitroso-  759-73-9   U176
N-Nitrosomethylethyl-                Ethanamine, N-methyl-N-   10595-95-
      -6
 amine                               nitroso-
N-Nitroso-N-methyl-                  Urea, N-methyl-N-    684-93-5   U177
 urea                                nitroso
N-Nitroso-N-methyl-                  Carbamic acid,    615-53-2   U178
 urethane                            methylnitroso-, ethyl
ester
N-Nitrosomethylvinyl-                Vinylamine, N-methyl-N-   4549-40-0  P084
 amine                               nitroso-
N-Nitrosomorpholine                  Morpholine, 4-nitroso-    59-89-2
N-Nitrosonornicotine                 Pyridine,    16543-55-
                                       3-(1-nitroso-2-      -8
pyrrolidinyl)-, (S)-
N-Nitrosopiperidine                  Piperidine, 1-nitroso-    100-75-4   U179
N-Nitrosopyrrolidine                 Pyrrolidine, 1-nitroso-   930-55-2   U180
N-Nitrososarcosine                   Glycine, N-methyl-N-    13256-22-
      -9
nitroso-
5-Nitro-o-toluidine                  Benzenamine, 2-methy1-5-  99-55-8    U181
nitro-
Octachlorodibenzo-p-                 1,2,3,4,6,7,8,9-    3268-87-9  None
 dioxin (OCDD)  Octachlorodibenzo-p-dio-
                                       xin
Octachlorodibenzofuran               1,2,3,4,6,7,8,9-    39001-02-  None
      -0
 (OCDF)                              Octachlorodibenofuran
Octamethylpyrophos-                  Diphosphoramide, octam-   152-16-9   P085
 phoramide                           ethyl-
Osmium tetroxide                     Osmium oxide OsO    20816-12-  P087
      -0
Oxamyl                               Ethanimidothioc acid,    23135-22-  P194
      -0
2-(dimethylamino)-N-
[[(methylamino)carbonyl]oxy]-
2-oxo-, methyl ester
Paraldehyde                          1,3,5-Trioxane, 2,4,6-    123-63-7   U182
trimethyl-
Parathion                            Phosphorothioic acid,    56-38-2    P089
                                       0,0-
diethyl 0-(4-nitrophenyl)
ester
Pebulate                             Carbamothioic acid,    1114-71-2  none
butylethyl-, S-propyl ester
Pentachlorobenzene                   Benzene, pentachloro-    608-93-5   U183
Pentachlorodibenzo-p-
 dioxins
Pentachlorodibenzo-
 furans
Pentachloroethane                    Ethane, pentachloro-    76-01-7    U184
Pentachloronitro-                    Benzene,    82-68-8    U185
                                       pentachloronitro-
 benzene (PCNB)
Pentachlorophenol                    Phenol, pentachloro-    87-86-5    See
    F027
Phenacetin                           Acetamide, N-(4-ethoxy-   62-44-2    U187
phenyl)-
Phenol                               Same    108-95-2   U188
Phenylenediamine                     Benzenediamine    25265-76-
      -3
Phenylmercury acetate                Mercury, (acetato-O)    62-38-4    P092
                                       phenyl
Phenylthiourea                       Thiourea, phenyl-    103-85-5   P093
Phosgene                             Carbonic dichloride    75-44-5    P095
Phosphine                            Same    7803-51-2  P096
Phorate                              Phosphorodithioic acid,   298-02-2   P094
O,O-diethyl S-[(ethylthio)
methyl] ester
Phthalic acid esters,
 N.O.S. [FN1]
Phthalic anhydride                   1,3-Isobenzofurandione    85-44-9    U190
2-Picoline                           Pyridine, 2-methyl-    109-06-8   U191
Physostigmine                        Pyrrolo[2,3-b]indol-    57-47-6    P204
5-01,1,2,3,3a,8,8a-
hexahydro-1,3a,8-
trimethyl-, methylcarbamate
(ester), (3aS-cis)-
Physostigmine                        Benzoic acid,    57-64-7    P188
Salicylate                           2-hydroxy-, compd. with
(3aS-cis) -1,2,3,3a,8,8a-
hexahydro-1,3a,8-trimethylpyrrolo
[2,3-b]indol-5-yl
methylcarbamate ester (1:1).
Polychlorinated
 biphenyls, N.O.S.
Potassium cyanide                    Potassium cyanide K(CN)   151-50-8   P098
Potassium                            Carbamodithioic acid,    128-03-0   none
dimethyldithiocarbamate              dimethyl, potassium salt
Potassium                            Carbamodithioic acid,    51026-28-  none
      -9
n-hydroxymethyl  (hydroxyymethyl)methyl-,
- n-methyl-                          monopotassium salt
dithiocarbamate
Potassium                            Carbamodithioic acid,    137-41-7   none
n-methyldithiocarbamate              methyl-monopotassium
salt
Potassium                            Pentachlorophenol,    7778736    none
pentachlorophenate                   potassium salt
Potassium silver                     Argentate(l-), bis    506-61-6   P099
 cyanide                             (cyano-C)-, potassium
Promecarb                            Phenol,    2631-37-0  P201
3-methyl-5-(1-methylethyl)-,
methyl carbamate
Pronamide                            Benzamide,    23950-58-  U192
                                       3,5-dichloro-N-      -5
 (1,1-dimethyl-2-pro-
 pynyl)-1,3-Propane
 sultone                             1,2-Oxathiolane, 2,2-    1120-71-4  U193
dioxide
n-Propylamine                        1-Propanamine    107-10-8   U194
Propargyl alcohol                    2-Propyn-1-ol    107-19-7   P102
Propham                              Carbamic acid, phenyl-,   122-42-9   U373
1-methylethyl ester
Propoxur                             Phenol,    114-26-1   U411
2-(1-methylethoxy)-,
methylcarbamate
Propylene dichloride                 Propane, 1,2-dichloro-    78-87-5    U083
1,2-Propylenimine                    Aziridine, 2-methyl-    75-55-8    P067
Propylthiouracil                     4(1H)-Pyrimidinone, 2,3-  51-52-5
dihydro-6-propyl-2-thioxo-
Prosulfocarb                         Carbamothioic acid,    52888-80-  U387
      -9
dipropyl-,S-(phenylmethyl)
ester
Pyridine                             Same    110-86-1   U196
Reserpine                            Yohimban-16-carboxylic    50-55-5    U200
acid, 11,17-dimethoxy-18-
[(3,4,5-trimethoxybenzoyl)
oxy]-methyl ester,
(3beta,16beta,17alpha,
18beta,20alpha)-
Resorcinol                           1,3-Benzenediol    108-46-3   U201
Saccharin  1,2-Benzisothiazol-3(2H-  81-07-2    U202
                                       )-
one, 1,1-dioxide
Saccharin salts               U202
Safrole                              1,3-Benzodioxole, 5-    94-59-7    U203
(2-propenyl)-
Selenium                             Same    7782-49-2
Selenium compounds,
 N.O.S. [FN1]
Selenium dioxide                     Selenious acid    7783-00-8  U204
Selenium sulfide                     Selenium sulfide SeS    7488-56-4  U205
Selenium, tetrakis                   Carbamodithioic acid,    144-34-3   none
(dimethyl-                           dimethyl-,
                                       tetraanhydrosulfide
dithiocarbamate)                     with orthothioselenious
                                       acid
Selenourea                           Same    630-10-4   P103
Silver                               Same    7440-22-4
Silver compounds,
 N.O.S. [FN1]
Silver cyanide                       Silver cyanide Ag(CN)    506-64-9   P104
Silvex (2,4,5-TP)                    Propanoic acid,    93-72-1    See
                                       2-(2,4,5-
                                     trichlorophenoxy)-    F027
Sodium cyanide                       Sodium cyanide Na(CN)    143-33-9   P106
Sodium dibutyldithio-                Carbamodithioic acid,    136-30-1   none
carbamate                            dibutyl, sodium salt
Sodium diethyldithio-                Carbamodithioic acid,    148-18-5   none
carbamate                            diethyl-, sodium salt
Sodium dimethyldithio-               Carbamodithioic acid,    128-04-1   none
carbamate                            dimethyl-, sodium salt
Sodium                               Pentachlorophenol,    131522     none
pentachlorophenate                   sodium salt
Streptozotocin                       D-Glucose, 2-deoxy-2-    18883-66-  U206
      -4
[[(methylnitrosoamino)
carbonyl]amino]-
Strychnine                           Strychnidin-10-one    57-24-9    P108
Strychnine salts               P108
Sulfallate                           Carbamodithioic acid,    95-06-7    none
diethyl-, 2-chloro-2-
propenyl ester
TCDD  Dibenzo[b,e][1,4]dioxin,  1746-01-6
2,3,7,8-tetrachloro-
Tetrabutylthiuram                    Thioperoxydicarbonic    1634-02-2  none
disulfide                            diamide, tetrabutyl
1,2,4,5-Tetrachloro-                 Benzene, 1,2,4,5-tetra-   95-94-3    U207
 benzene                             chloro
Tetrachlorodibenzo-p-
 dioxins
Tetrachlorodibenzo-
 furans
Tetrachloroethane,                   Ethane, tetrachloro-,    25322-20-
      -7
 N.O.S. [FN1]                        N.O.S.
1,1,1,2-Tetrachloro-                 Ethane, 1,1,1,2-tetra-    630-20-6   U208
 ethane                              chloro
1,1,2,2-Tetrachloro-                 Ethane, 1,1,2,2-tetra-    79-34-5    U209
 ethane                              chloro
Tetrachloroethylene                  Ethene, tetrachloro-    127-18-4   U210
2,3,4,6-Tetrachloro-                 Phenol, 2,3,4,6-tetra-    58-90-2    See
 phenol    chloro-    F027
2,3,4,6-tetrachlorophenol, same      53535276    none
potassium salt
2,3,4,6-tetrachlorophenol, same      25567559    none
sodium salt
Tetraethyldithiopyro-                Thiodophosphoric acid,    3689-24-5  P109
 pyrophosphate                       tetraethyl ester
Tetramethylthiuram  Bis(dimethylthiocarbamo-  97-74-5    none
                                       yl)
monosulfide                          sulfide
Tetranitromethane                    Methane, tetranitro-    509-14-8   P112
Thallium                             Same    7440-28-0
Thallium compounds,
 N.O.S. [FN1]
Thallic oxide                        Thallium oxide Tl    1314-32-5  P113
Thallium (I) acetate                 Acetic acid, thallium    563-68-8   U214
                                       (1+)
salt
Thallium (I) carbonate               Carbonic acid,    6533-73-9  U215
                                       dithallium
(1+) salt
Thallium (I) chloride                Thallium chloride TlCl    7791-12-0  U216
Thallium (I) nitrate                 Nitric acid, thallium    10102-45-  U217
                                       (1+)      -1
salt
Thallium selenite                    Selenious acid,    12039-52-  P114
                                       dithallium      -0
(1+) salt
Thallium (I) sulfate                 Sulfuric acid,    7446-18-6  P115
                                       dithallium
(1+) salt
Thioacetamide                        Ethanethioamide    62-55-5    U218
Thiodicarb                           Ethanimidothioic acid,    59669-26-  U410
      -0
N,N'-[thiobis
[(methylimino) carbonyloxy]]
bis-, dimethyl ester.
Thiofanox                            2-Butanone,    39196-18-  P045
                                       3,3-dimethyl-      -4
1-(methylthio)-,O-[(methyl-
amino)carbonyl]oxime
Thiomethanol                         Methanethiol    74-93-1    U153
Thiophanate-methyl                   Carbamic acid,    23564-05-  U409
      -8
[1,2-phyenylenebis
(iminocarbonothioyl)] bis-,
dimethyl ester
Thiophenol                           Benzenethiol    108-98-5   P014
Thiosemicarbazide                    Hydrazinecarbothioamide   79-19-6    P116
Thiourea                             Same    62-56-6    U219
Thiram                               Thioperoxydicarbonic    137-26-8   U244
diamide [(H
tetramethyl-
Tirpate                              1,3-Dithiolane-2-    26419-73-  P185
      -8
carboxaldehyde, 2,4,-dimethyl-,
O-[(methylamino)
carbonyl] oxime.
Toluene                              Benzene, methyl-    108-88-3   U220
Toluenediamine                       Benzenediamine, ar-    25376-45-  U221
      -8
methyl-
Toluene-2,4-diamine                  1,3-Benzenediamine, 4-    95-80-7
methyl
Toluene-2,6-diamine                  1,3-Benzenediamine, 2-    823-40-5
methyl
Toluene-3,4-diamine                  1,2-Benzenediamine, 4-    496-72-0
methyl
Toluene diisocyanate                 Benzene,    26471-62-  U223
                                       1,3-diisocyanato-      -5
methyl-
o-Toluidine                          Benzenamine, 2-methyl-    95-53-4    U328
o-Toluidine                          Benzenamine, 2-methyl-,   636-21-5   U222
 hydrochloride                       hydrochloride
p-Toluidine                          Benzenamine, 4-methyl    106-49-0   U353
Toxaphene                            Same    8001-35-2  P123
Triallate                            Carbamothioic acid,    2303-17-5  U389
bis(1-methylethyl)-,
S-(2,3,3-trichloro-2-
propenyl) ester
1,2,4-Trichlorobenzene               Benzene, 1,2,4-trichloro  120-82-1
1,1,2-Trichloroethane                Ethane, 1,1,2-trichloro   79-00-5    U227
Trichloroethylene                    Ethene, trichloro    79-01-6    U228
Trichloromethanethiol                Methanethiol, trichloro-  75-70-7    P118
Trichloromonofluoro-                 Methane,    75-69-4    U121
                                       trichlorofluoro-
 methane
2,4,5-Trichlorophenol                Phenol, 2,4,5-trichloro-  95-95-4    See
    F027
2,4,6-Trichlorophenol                Phenol, 2,4,6-trichloro-  88-06-2    See
    F027
2,4,5-T                              Acetic acid, (2,4,5-    93-76-5    See
                                     trichlorophenoxy)-    F027
Trichloropropane,    25735-29-
      -9
 N.O.S. [FN1]
1,2,3-Trichloropropane               Propane,    96-18-4
                                       1,2,3-trichloro-
O,O,O-Triethyl phos-                 Phosphorothioic acid,    126-68-1
                                       0,0,
 phorothioate                        O-triethyl ester
Triethylamine                        Ethanamine, N,N-diethyl-  121-44-8   U404
1,3,5-Trinitrobenzene                Benzene, 1,3,5,-trinitro  99-35-4    U234
Tris(1-aziridinyl)                   Aziridine, 1,1',1'-phos-  52-24-4
 phosphine sulfide                   phinothioylidynetris-
Tris(2,3-dibromo-                    1-Propanol,    126-72-7   U235
                                       2,3-dibromo-,
 propyl) phosphate                   phosphate (3:1)
Trypan blue  2,7-Naphthalenedisulfon-  72-57-1    U236
                                       ic
acid, 3,3'-[(3,3'-
dimethyl[1,1'-biphenyl]-
4,4'-diyl)bis(azo)]bis
[5-amino-4-hydroxy-,
tetrasodium salt]
Uracil mustard                       2,4-(1H,3H)-Pyrimidine-   66-75-1    U237
dione,5-[bis(2-chloroethyl)
amino]-
Vanadium pentoxide                   Vanadium oxide V    1314-62-1  P120
Vernolate                            Carbamothioic acid,    1929-77-7  none
dipropyl-, S-propyl ester
Vinyl chloride                       Ethene, chloro-    75-01-4    U043
Warfarin                             2H-1-Benzopyran-2-one,    81-81-2    U248
                                       4-
hydroxy-3-(3-oxo-1-
phenylbutyl)-, when
present at concentrations
of 0.3 or less
Warfarin                             2H-1-Benzopyran-2-one,    81-81-2    P001
                                       4-
hydroxy-3-(3-oxo-1-
phenylbutyl)-, when
present at concentrations
greater than 0.3
Warfarin salts when               U248
 present at concen-
 trations of 0.3% or less
Warfarin salts when               P001
 present at concen-
 trations greater
 than 0.3
Zinc cyanide                         Zinc cyanide Zn(CN)    557-21-1   P121
Zinc phosphide                       Zinc phosphide Zn    1314-84-7  P122
when present at concentra-
tions greater than 10
Zinc phosphide                       Zinc phosphide Zn    1314-84-7  U249
when present at concentra-
tions of 10% or less
Ziram                                Zinc,    137-30-4   P205
bis(dimethylcarbamodithioato-
S,S')-, (T-4)-
[FN1] The abbreviation N.O.S. (not otherwise specified) signifies those members
  of the general class not specifically listed by name in this appendix. Note:
  Authority cited: Sections 25140, 25150, 25159 and 58012, Health and Safety
  Code. Reference: Sections 25140, 25150 and 25159, Health and Safety Code; and
  40 CFR Part 261 Appendix VIII.
 
 



Appendix X
List of Chemical Names and Common Names for Hazardous Wastes and Hazardous
Materials
 
 (a) This subdivision sets forth a list of chemicals which create a presumption that a waste is a hazardous waste. If a waste consists of or contains a chemical listed in this subdivision, the waste is presumed to be a hazardous waste unless it is determined that the waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The hazardous characteristics which serve as a basis for listing the chemicals are indicated in the list as follows: (X) toxic, (C) corrosive, (I) ignitable and (R) reactive. A chemical denoted with an asterisk is presumed to be an extremely hazardous waste unless it does not exhibit any of the criteria set forth in section 66261.110 and section 66261.113. Trademark chemical names are indicated by all capital letters.
1.     Acetaldehyde (X,I)
2.     Acetic acid (X,C,I)
3.     Acetone, Propanone (I)
4.     Acetone cyanohydrin (X)
5.     Acetonitrile (X,I)
6.     *2-Acetylaminofluorene, 2-AAF (X)
7.     Acetyl benzoyl peroxide (X,I,R)
8.     *Acetyl chloride (X,C,R)
9.     Acetyl peroxide (X,I,R)
10.    Acridine (X)
11.    *Acrolein, Aqualin (X,I)
12.    *Acrylonitrile (X,I)
13.    *Adiponitrile (X)
14.    *Aldrin; 1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,8a-hexahydro-
       1,4,5,8-endo-exodimethanonaphthalene (X)
15.    *Alkyl aluminum chloride (C,I,R)
16.    *Alkyl aluminum compounds (C,I,R)
17.    Allyl alcohol, 2-Propen-1-ol (X,I)
18.    Allyl bromide, 3-Bromopropene (X,I)
19.    Allyl chloride, 3-Chloropropene (X,I)
20.    Allyl chlorocarbonate, Allyl chloroformate (X,I)
21.    *Allyl trichlorosilane (X,C,I,R)
22.    Aluminum (powder) (I)
23A.   Aluminum chloride (X,C)
23B.   *Aluminum chloride (anhydrous) (X,C,R)
24.    Aluminum fluoride (X,C)
25.    Aluminum nitrate (X,I)
26.    *Aluminum phosphide, PHOSTOXIN (X,I,R)
27.    *4-Aminodiphenyl, 4-ADP (X)
28.    *2-Aminopyridine (X)
29.    *Ammonium arsenate (X)
30.    *Ammonium bifluoride (X,C)
31.    Ammonium chromate (X,I)
32.    Ammonium dichromate, Ammonium bichromate (X,C,I)
33.    Ammonium fluoride (X,C)
34.    Ammonium hydroxide (X,C)
35.    Ammonium molybdate (X)
36.    Ammonium nitrate (I,R)
37.    Ammonium perchlorate (I,R)
38.    Ammonium permanganate (X,I,R)
39.    Ammonium persulfate (I,R)
40.    Ammonium picrate (I,R)
41.    Ammonium sulfide (X,C,I,R)
42.    n-Amyl acetate, 1-Acetoxypentane (and isomers) (X,I)
43.    n-Amylamine, 1-Aminopentane (and isomers) (X,I)
44.    n-Amyl chloride, 1-Chloropentane (and isomers) (X,I)
45.    n-Amylene, 1-Pentene (and isomers) (X,I)
46.    n-Amyl mercaptan, 1-Pentanethiol (and isomers) (X,I)
47.    n-Amyl nitrite, n-Pentyl nitrite (and isomers) (X,I)
48.    *Amyl trichlorosilane (and isomers) (X,C,R)
49.    Aniline, Aminobenzene (X)
50.    Anisoyl chloride (X,C)
51.    Anthracene (X)
52.    Antimony (X)
53.    Antimony compounds (X)
54.    *Antimony pentachloride (X,C,R)
55.    *Antimony pentafluoride (X,C,R)
56.    Antimony pentasulfide (X,I)
57.    Antimony potassium tartrate (X)
58.    Antimony sulfate, Antimony trisulfate (X,I)
59.    Antimony trichloride, Antimony chloride (X,C)
60.    Antimony trifluoride, Antimony fluoride (X,C)
61.    Antimony trioxide, Antimony oxide (X)
62.    Antimony trisulfide, Antimony sulfide (X,I,R)
63.    *Arsenic (X)
64.    *Arsenic acid and salts (X)
65.    *Arsenic compounds (X)
66.    *Arsenic pentaselenide (X)
67.    *Arsenic pentoxide, Arsenic oxide (X)
68.    *Arsenic sulfide, Arsenic disulfide (X)
69.    *Arsenic tribromide, Arsenic bromide (X)
70.    *Arsenic trichloride, Arsenic chloride (X)
71.    *Arsenic triiodide, Arsenic iodide (X)
72.    *Arsenic trioxide, Arsenious oxide (X)
73.    *Arsenious acid and salts (X)
74.    *Arsines (X)
75.    Asbestos (including chrysotile, amosite, crocidolite, tremolite,
       anthophyllite, and actinolite) (X)
76.    *AZODRIN, 3-Hydroxy-N-cis-crotonamide (X)
77.    Barium (X,I)
78.    Barium azide (I,R)
79.    Barium bromide (X)
80.    Barium carbonate (X)
81.    Barium chlorate (X,C,I,R)
82.    Barium chloride (X)
83.    Barium chromate (X)
84.    Barium citrate (X)
85.    Barium compounds (soluble) (X)
86.    *Barium cyanide (X)
87.    Barium fluoride (X)
88.    Barium fluosilicate (X)
89.    Barium hydroxide (X)
90.    Barium iodide (X)
91.    Barium manganate (X)
92.    Barium nitrate (X,I)
93.    Barium oxide, Barium monoxide (X)
94.    Barium perchlorate (X,I,R)
95.    Barium permanganate (X,I,R)
96.    Barium peroxide (X,I,R)
97.    Barium phosphate (X)
98.    Barium stearate (X)
99.    Barium sulfide (X)
100.   Barium sulfite (X)
101.   Benzene (X,I)
102.   *Benzene hexachloride, BHC; 1,2,3,4,5,6-Hexachloro-
       cyclohexane (X)
103.   *Benzenephosphorous dichloride (I,R)
104.   Benzenesulfonic acid (X)
105.   *Benzidine and salts (X)
106.   *Benzotrifluoride, Trifluoromethylbenzene (X,I)
107.   *Benzoyl chloride (X,C,R)
108.   Benzoyl peroxide, Dibenzoyl peroxide (X,I,R)
109.   Benzyl bromide, alpha-Bromotoluene (X,C)
110.   Benzyl chloride, alpha-Chlorotoluene (X)
111.   *Benzyl chlorocarbonate, Benzyl chloroformate (X,C,R)
112.   *Beryllium (X,I)
113.   *Beryllium chloride (X)
114.   *Beryllium compounds (X)
115.   *Beryllium copper (X)
116.   *Beryllium fluoride (X)
117.   *Beryllium hydride (X,C,I,R)
118.   *Beryllium hydroxide (X)
119.   *Beryllium oxide (X)
120.   *BIDRIN, Dicrotophos, 3-(Dimethylamino)-1-
       methyl-3-oxo-1-propenyldimethyl phosphate (X)
121.   *bis (Chloromethyl) ether, Dichloromethylether, BCME (X)
122.   Bismuth (X,I)
123.   *bis (Methylmercuric) sulfate, CEREWET, Ceresan liquid (X)
124.   Bismuth chromate (X)
125.   *BOMYL, Dimethyl 3-hydroxyglutaconate dimethyl
       phosphate (X)
126.   *Boranes (X,I,R)
127.   *Bordeaux arsenites (X)
128.   *Boron trichloride, Trichloroborane (X,C,R)
129.   *Boron trifluoride (X,C,R)
130.   Bromic acid (X)
131.   *Bromine (X,C,I)
132.   *Bromine pentafluoride (X,C,I,R)
133.   *Bromine trifluoride (X,C,I,R)
134.   *Brucine, Dimethoxystrychnine (X)
135.   1,2,4-Butanetriol trinitrate (R)
136.   n-Butyl acetate, 1-Acetoxybutane (and isomers) (X)
137.   n-Butyl alcohol, 1-Butanol (and isomers) (X)
138.   n-Butyl amine, 1-Aminobutane (and isomers) (X)
139.   n-Butyl formate (and isomers) (X)
140.   tert-Butyl hydroperoxide (and isomers) (X,I)
141.   *n-Butyllithium (and isomers) (X,C,I,R)
142.   n-Butyl mercaptan, 1-Butanethiol (and isomers) (X,I)
143.   tert-Butyl peroxyacetate, tert-Butyl peracetate (I,R)
144.   tert-Butyl peroxybenzoate, tert-Butyl perbenzoate (I,R)
145.   tert-Butyl peroxypivalate (I,R)
146.   *n-Butyltrichlorosilane (C,I,R)
147.   para-tert-Butyl toluene (X)
148.   n-Butyraldehyde, n-Butanal (and isomers) (X,I)
149.   *Cacodylic acid, Dimethylarsinic acid (X)
150.   *Cadmium (powder) (X,I)
151.   Cadmium chloride (X)
152.   *Cadmium compounds (X)
153.   *Cadmium cyanide (X)
154.   Cadmium fluoride (X)
155.   Cadmium nitrate (X,I,R)
156.   Cadmium oxide (X)
157.   Cadmium phosphate (X)
158.   Cadmium sulfate (X)
159.   *Calcium (I,R)
160.   *Calcium arsenate, PENSAL (X)
161.   *Calcium arsenite (X)
162.   *Calcium carbide (C,I,R)
163.   Calcium chlorate (I,R)
164.   Calcium chlorite (I)
165.   Calcium fluoride (X)
166.   *Calcium hydride (C,I,R)
167.   Calcium hydroxide, Hydrated lime (C)
168.   *Calcium hypochlorite, Calcium oxychloride (dry) (X,C,I,R)
169.   Calcium molybdate (X)
170.   Calcium nitrate, Lime nitrate, Nitrocalcite (I,R)
171.   Calcium oxide, Lime (C)
172.   Calcium permanganate (X,I)
173.   Calcium peroxide, Calcium dioxide (C,I)
174.   *Calcium phosphide (X,I,R)
175.   Calcium resinate (I)
176.   Caprylyl peroxide, Octyl peroxide (I)
177.   *Carbanolate, BANOL, 2-Chloro-4,5-dimethylphenyl
       methylcarbamate (X)
178.   Carbon disulfide, Carbon bisulfide (X,I)
179.   Carbon tetrachloride, Tetrachloromethane (X)
180.   *Carbophenothion, TRITHION, S[[(4-Chlorophenyl)
       thio]methyl] 0,0-diethyl phosphorodithioate (X)
181.   Chloral hydrate, Trichloroacetaldehyde (hydrated) (X)
182.   *Chlordane; 1,2,4,5,6,7,8,8-Octachloro-4,7-methano-
       3a,4,7,7a-tetra- hydro- indane; (X)
183.   *Chlorfenvinphos, Compound 4072, 2-Chloro-1-(2,4-
       dichlorophenyl) vinyl diethyl phosphate (X)
184.   *Chlorine (X,C,I,R)
185.   *Chlorine dioxide (X,C,I,R)
186.   *Chlorine pentafluoride (X,C,I,R)
187.   *Chlorine trifluoride (X,C,I,R)
188.   *Chloroacetaldehyde (X,C)
189.   *alpha-Chloroacetophenone, Phenyl chloromethyl ketone (X)
190.   *Chloroacetyl chloride (X,C,R)
191.   Chlorobenzene (X,I)
192.   para-Chlorobenzoyl peroxide (I,R)
193.   *ortho-Chlorobenzylidene malonitrile, OCMB (X)
194.   Chloroform, Trichloromethane (X)
195.   *Chloropicrin, Chlorpicrin, Trichloronitromethane (X)
196.   *Chlorosulfonic acid (X,C,I,R)
197.   Chloro-ortho-toluidine, 2-Amino-4-chlorotoluene (X)
198.   Chromic acid, Chromium trioxide, Chromic anhydride (X,C,I)
199.   Chromic chloride, Chromium trichloride (X)
200.   Chromic fluoride, Chromium trifluoride (X)
201.   Chromic hydroxide, Chromium hydroxide (X)
202.   Chromic oxide, Chromium oxide (X)
203.   Chromic sulfate, Chromium sulfate (X)
204.   Chromium compounds (X,C,I)
205.   *Chromyl chloride, Chlorochromic anhydride (X,C,I,R)
206.   Cobalt (powder) (X,I)
207.   Cobalt compounds (X)
208.   Cobaltous bromide, Cobalt bromide (X)
209.   Cobaltous chloride, Cobalt chloride (X)
210.   Cobaltous nitrate, Cobalt nitrate (X,I)
211.   Cobaltous resinate, Cobalt resinate (X,I)
212.   Cobaltous sulfate, Cobalt sulfate (X)
213.   Cocculus, Fishberry, Picrotoxin (X)
215.   *Copper acetoarsenite, Paris green (X)
216.   Copper acetylide (I,R)
217.   *Copper arsenate, Cupric arsenate (X)
218.   *Copper arsenite, Cupric arsenite (X)
219.   Copper chloride, Cupric chloride (X)
220.   Copper chlorotetrazole (I,R)
221.   Copper compounds (X)
222.   *Copper cyanide, Cupric cyanide (X)
223.   Copper nitrate, Cupric nitrate (X,I,R)
224.   Copper sulfate, Cupric sulfate, Blue vitriol (X)
225.   *Coroxon; ortho,ortho-Diethyl-ortho-(3-chloro-4-
       methylcoumarin-7-yl) phosphate (X)
226.   *Coumafuryl, FUMARIN, 3-[1-(2-Furanyl)-3-oxobutyl]
       1-4-hydroxy-2H-1-benzopyran-2-one (X)
227.   *Coumatetralyl, BAYER 25634, RACUMIN 57,
       4-Hydroxy-3-(1,2,3,4-tetrahydro-1-naphthalenyl)-
       2H-1-benzopyran-2-one (X)
228.   *Crimidine, CASTRIX, 2-Chloro-4-dimethylamino-6-
       methyl-pyrimidine (X)
229.   *Crotonaldehyde, 2-Butenal (X)
230.   Cumene, Isopropyl benzene (X,I)
231.   Cumene hydroperoxide; alpha,alpha-Dimethylbenzyl
       hydro-peroxide (X,I)
232.   Cupriethylene diamine (X)
233.   *Cyanide salts (X)
234.   Cyanoacetic acid, Malonic nitrile (X)
235.   *Cyanogen (X,I,R)
236.   Cyanogen bromide, Bromine cyanide (X)
237.   Cyanuric triazide (I,R)
238.   Cycloheptane (X,I)
239.   Cyclohexane (X,I)
240.   Cyclohexanone peroxide (I)
241.   *Cyclohexenyltrichlorosilane (X,C,R)
242.   *Cycloheximide, ACTIDIONE (X)
243.   *Cyclohexyltrichlorosilane (X,C,R)
244.   Cyclopentane (X,I)
245.   Cyclopentanol (I)
246.   Cyclopentene (X,I)
247.   DDT; 1,1,1-Trichloro-2,2-bis(chlorophenyl) ethane (X)
248.   *DDVP, Dichlorvos, VAPONA, Dimethyl dichlorovinyl
       phosphate (X)
249.   *Decaborane (X,I,R)
250.   DECALIN, Decahydronaphthalene (X)
251.   *Demeton, SYSTOX (X)
252.   *Demeton-S-methyl sulfone,
       METAISOSYSTOX-SULFON, S-[2-(ethyl-sulfonyl)
       ethyl] O,O-dimethyl phosphorothioate (X)
253.   Diazodinitrophenol, DDNP, 2-Diazo-4,6-dinitrobenzene-1-
       oxide (I,R)
254.   *Diborane, Diboron hexahydride (I,R)
255.   *1,2-Dibromo-3-chloropropane, DBCP, Fumazone,
       nemagon (X)
256.   n-Dibutyl ether, Butyl ether (and isomers) (X,I)
257.   Dichlorobenzene (ortho, meta, para) (X)
258.   *3,3-Dichlorobenzidine and salts, DCB (X)
259.   1,2-Dichloroethylene; 1,2-Dichloroethene (X,I)
260.   Dichloroethyl ether, Dichloroether (X,I)
261.   Dichloroisocyanuric acid, Dichloro-S-triazine-2,4,6-tri-
       one (X,I)
262.   Dichloromethane, Methylene chloride (X)
263.   *2,4-Dichlorophenoxyacetic acid; 2,4-D (X)
264.   1,2-Dichloropropane, Propylene dichloride (X,I)
265.   1,3-Dichloropropylene; 1,3-Dichloropropene (X,I)
266.   Dicumyl peroxide (I,X)
267.   *Dieldrin; 1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4a,5,6,7,
       8,8a-octahydro-1,4-endo, exo-5,8-dimethanonaphthalene
       (X)
268.   *Diethylaluminum chloride, Aluminum diethyl monochloride,
       DEAC (I,R)
269.   Diethylamine (X,I)
270.   *Diethyl chlorovinyl phosphate, Compound 1836 (X)
271.   *Diethyldichlorosilane (X,C,I,R)
272.   Diethylene glycol dinitrate (I,R)
273.   Diethylene triamine (X)
274.   *O,O-Diethyl-S-(isopropylthiomethyl) phosphorodithioate
       (X)
275.   *Diethylzinc, Zinc ethyl (C,I,R)
276.   *Difluorophosphoric acid (X,C,R)
277.   *Diglycidyl ether, bis(2,3-Epoxypropyl) ether (X)
278.   Diisopropylbenzene hydroperoxide (X,I)
279.   Diisopropyl peroxydicarbonate, Isopropyl percarbonate
       (X,C,I,R)
280.   *Dimefox, Hanane, Pextox 14, Tetramethylphosphorodiamidic
       fluoride (X)
281.   Dimethylamine, DMA (X,I)
282.   *Dimethylaminoazobenzene, Methyl yellow (X)
283.   *Dimethyldichlorosilane, Dichlorodimethylsilane (X,C,I,R)
284.   2,5-Dimethylhexane-2,5-Dihydroperoxide (I)
285.   *1,1-Dimethylhydrazine, UDMH (X,I)
286.   *Dimethyl sulfate, Methyl sulfate (X)
287.   *Dimethyl sulfide, Methyl sulfide (X,I,R)
288.   2,4-Dinitroaniline (X)
289.   *Dinitrobenzene (ortho, meta, para) (I,R)
290.   Dinitrochlorobenzene, 1-Chloro-2,4-dinitrobenzene (I,R)
291.   *4,6-Dinitro-ortho-cresol, DNPC, SINOX, E
292.   *Dinitrophenol(2,3-;2,4-;2,6-isomers) (I,R)
293.   2,4-Dinitrophenylhydrazine (X,I,R)
294.   Dinitrotoluene (2,4-;3,4-;3,5-isomers) (X,I,R)
295.   *DINOSEB; 2,4-Dinitro-6-sec-butylphenol (X)
296.   1,4-Dioxane; 1,4-Diethylene dioxide (X,I,R)
297.   *Dioxathion, DELNAV; S,S-1,4-dioxane-2,3-diyl bis(O,O-
       diethyl phosphorodithioate) (X)
298.   Dipentaerythritol hexanitrate (R)
299.   *Diphenyl, Biphenyl, Phenylbenzene (X)
300.   Diphenylamine, DPA, N-Phenylaniline (X)
301.   *Diphenylamine chloroarsine, Phenarsazine chloride (X)
302.   *Diphenyldichlorosilane (X,C,R)
303.   Dipicrylamine, Hexanitrodiphenyl amine (I,R)
304.   Dipropyl ether (X,I)
305.   *Disulfoton, DI-SYSTON; O,O-Diethyl S-[2-(ethylthio)
       ethyl] phosphorodithioate (X)
306.   *Dodecyltrichlorosilane (X,C,R)
307.   *DOWCO-139, ZECTRAM, Mexacarbate,
       4-(Dimethylamino)-3,5-dimethylphenyl methylcarbamate
       (X)
309.   *DYFONATE, Fonofos, O-Ethyl-S-phenylethyl
       phosphonodithioate (X)
310.   *Endosulfan, THIODAN; 6,7,8,9,10,10-Hexachlor-1,5,5a,6,9,
       9a-hexa-hydro-6,9-methano-2,4,3-benzo-dioxathiepin-
       3-oxide (X)
311.   *Endothal, 7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid
       (X)
312.   *Endothion, EXOTHION,
       S-[(5-Methoxy-4-oxo-4H-pyran-2-yl)-
       methyl] O,O-dimethyl phosphorothioate (X)
313.   *Endrin; 1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4,4a,5,6,7,
       8,8a-octahydro-1,4-endo-endo-5,8-dimethanonaph-
       thalene (X)
314.   Epichlorohydrin, Chloropropylene oxide (X,I)
315.   *EPN; O-Ethyl O-para-nitrophenyl phenylphosphonothioate
       (X)
316.   *Ethion, NIALATE; O,O,O',O'-Tetraethyl-S,S-
       methylenediphos-phorodithioate (X)
317.   Ethyl acetate (X,I)
318.   Ethyl alcohol, Ethanol (X,I)
319.   Ethylamine, Aminoethane (X,I)
320.   Ethylbenzene, Phenylethane (X,I)
321.   Ethyl butyrate, Ethyl butanoate (I)
322.   Ethyl chloride, Chloroethane (X,I)
323.   *Ethyl chloroformate, Ethyl chlorocarbonate (X,C,I,R)
324.   *Ethyldichloroarsine, Dichloroethylarsine (I,R)
325.   *Ethyldichlorosilane (X,C,I,R)
326.   *Ethylene cyanohydrin, beta-Hydroxypropionitrile (I,R)
327.   Ethylene diamine (X)
328.   Ethylene dibromide; 1,2-Dibromoethane (X)
329.   Ethylene dichloride; 1,2-Dichloroethane (X,I)
330.   *Ethyleneimine, Aziridine, EI (X,I,R)
331.   Ethylene oxide, Epoxyethane (X,I,R)
332.   Ethyl ether, Diethyl ether (I,R)
333.   Ethyl formate (X,I)
334.   *Ethyl mercaptan, Ethanethiol (X,I,R)
335.   Ethyl nitrate (I,R)
336.   Ethyl nitrite (I,R)
337.   *Ethylphenyldichlorosilane (X,C,R)
338.   Ethyl propionate (I)
339.   *Ethyltrichlorosilane (I,R)
340.   *Fensulfothion, BAYER 25141, DASANIT,
       O,O-Diethyl-0-[4-(methyl -sulfinyl)phenyl]
       phosphorothioate (X)
341.   *Ferric arsenate (X)
342.   Ferric chloride, Iron (III) chloride (X,C)
343.   *Ferrous arsenate, Iron arsenate (X)
344.   *Fluoboric acid, Fluoroboric acid (X,C)
345.   Fluoride salts (X)
346.   *Fluorine (X,C,R)
347.   *Fluoroacetanilide, AFL 1082 (X)
348.   *Fluoroacetic acid and salts, Compound 1080 (X)
349.   *Fluorosulfonic acid, Fluosulfonic acid (X,C,R)
350.   Formaldehyde, Methanal (X,I)
351.   Formic acid, Methanoic acid (X,C)
352.   Fulminate of mercury, Mercuric cyanate (I,R)
353.   *FURADAN, NIA 10,242, Carbofuran; 2,3-Dihydro-2,2-
       dimethyl-7-benzofuranylmethylcarbamate (X)
354.   Furan, Furfuran (X,I,R)
355.   Gasoline (I)
356.   *GB, O-Isopropyl methyl phosphoryl fluoride (X)
357.   Glutaraldehyde (X)
358.   Glycerolmonolactate trinitrate (R)
359.   Glycol dinitrate, Ethylene glycol dinitrate (R)
360.   Gold fulminate, Gold cyanate (R)
361.   Guanidine nitrate (I,R)
362.   Guanyl nitrosaminoguanylidene hydrazine (R)
363.   *Guthion; O,O-Dimethyl-S-4-oxo-1,2,3-
       benzotriazin-3(4H)-ylmethyl phosphorodithioate (X)
364.   Hafnium (I,X,R)
365.   *Heptachlor; 1,4,5,6,7,8,8-Heptachloro-3a,4,7,7a-tetra-
       hydro-4,7-methanoindene (X)
366.   n-Heptane (and isomers) (X,I)
367.   1-Heptene (and isomers) (X,I)
368.   *Hexadecyltrichlorosilane (X,C,R)
369.   Hexaethyl tetraphosphate, HETP (X)
370.   Hexafluorophosphoric acid (X,C)
371.   Hexamethylenediamine; 1,6-Diaminohexane (X)
372.   n-Hexane (and isomers) (X,I)
373.   1-Hexene (and isomers) (X,I)
374.   n-Hexylamine, 1-Aminohexane (and isomers) (X,I)
375.   *Hexyltrichlorosilane (X,C,R)
376.   *Hydrazine, Diamine (X,I)
377.   Hydrazine azide (I,R)
378.   Hydrazoic acid, Hydrogen azide (I,R)
379.   *Hydriodic acid, Hydrogen iodide (X,C,R)
380.   *Hydrobromic acid, Hydrogen bromide (X,C,R)
381.   *Hydrochloric acid, Hydrogen chloride, Muriatic Acid (X,C,R)
382.   *Hydrocyanic acid, Hydrogen cyanide (X,I,R)
383.   *Hydrofluoric acid, Hydrogen fluoride (X,C,R)
384.   Hydrofluosilicic acid, Fluosilicic acid (X,C)
385.   Hydrogen peroxide (X,C,I,R)
386.   *Hydrogen selenide (X,I)
387.   *Hydrogen sulfide (X,I)
388.   *Hypochlorite compounds (X,C,I,R)
389.   Indium (X)
390.   Indium compounds (X)
391.   Iodine monochloride (X,C,R)
392.   Isooctane; 2,2,4-Trimethylpentane (X,I)
393.   Isooctene (mixture of isomers) (I)
394.   Isopentane, 2-Methylbutane (I)
395.   Isoprene, 2-Methyl-1,3-butadiene (X,I,R)
396.   Isopropanol, Isopropyl alcohol, 2-Propanol (X,I)
397.   Isopropyl acetate (X,I)
399.   Isopropylamine, 2-Aminopropane (X,I)
400.   Isopropyl chloride, 2-Chloropropane (I)
401.   Isopropyl ether, Diisopropyl ether (I,R)
402.   Isopropyl mercaptan, 2-Propanethiol (X,I)
404.   *meta-Isopropylphenyl-N-methylcarbamate, Ac 5,727 (X)
405A.  *Kepone; 1,1a,3,3a,4,5,5,5a,5b,6-Decachloro-
       octahydro-1,2,4-metheno-2H-cyclobuta (cd)
       pentalen-2-one, Chlorecone (X)
405B.  Lauroyl peroxide, Di-n-dodecyl peroxide (X,C,I,R)
406.   Lead compounds (X)
407.   Lead acetate (X)
408.   *Lead arsenate, Lead orthoarsenate (X)
409.   *Lead arsenite (X)
410.   Lead azide (I,R)
411.   Lead carbonate (X)
412.   Lead chlorite (I,R)
413.   *Lead cyanide (X)
414.   Lead 2,4-dinitroresorcinate (I,R)
415.   Lead mononitroresorcinate (I,R)
416.   Lead nitrate (X,I)
417.   Lead oxide (X)
418.   Lead styphnate, Lead trinitroresorcinate (I,R)
419.   *Lewisite, beta-Chlorovinyldichloroarsine (X)
420.   *Lithium (C,I,R)
421.   *Lithium aluminum hydride, LAH (C,I,R)
422.   *Lithium amide (C,I,R)
423.   *Lithium ferrosilicon (I,R)
424.   *Lithium hydride (C,I,R)
425.   *Lithium hypochlorite (X,C,I,R)
426.   Lithium peroxide (C,I,R)
427.   Lithium silicon (I,R)
428.   *London purple, Mixture of arsenic trioxide, aniline, lime,
       and ferrous oxide (X)
429.   *Magnesium (I,R)
430.   *Magnesium arsenate (X)
431.   *Magnesium arsenite (X)
432.   Magnesium chlorate (I,R)
433.   Magnesium nitrate (I,R)
434.   Magnesium perchlorate (X,I,R)
435.   Magnesium peroxide, Magnesium dioxide (I)
436.   *Maleic anhydride (X)
437.   Manganese (powder) (I)
438.   Manganese acetate (X)
439.   *Manganese arsenate, Manganous arsenate (X)
440.   Manganese bromide, Manganous bromide (X)
441.   Manganese chloride, Manganous chloride (X)
442.   Manganese methylcyclopentadienyl tricarbonyl (X)
443.   Manganese nitrate, Manganous nitrate (X,I)
444.   Mannitol hexanitrate, Nitromannite (R)
445.   *MECARBAM; O,O-Diethyl S-(N-ethoxycarbonyl
       N-methylcarba-moyl-methyl) phosphorodithioate (X)
446.   *Medinoterb acetate, 2-tert-Butyl-5-methyl-4,6-dinitro-
       phenyl acetate (X)
447.   para-Menthane hydroperoxide, Paramenthane hydroperoxide
       (I)
448.   Mercuric acetate, Mercury acetate (X)
449.   Mercuric ammonium chloride, Mercury ammonium chloride
       (X)
450.   Mercuric benzoate, Mercury benzoate (X)
451.   Mercuric bromide, Mercury bromide (X)
452.   *Mercuric chloride, Mercury chloride (X)
453.   *Mercuric cyanide, Mercury cyanide (X)
454.   Mercuric iodide, Mercury iodide (X)
455.   Mercuric nitrate, Mercury nitrate (X,I)
456.   Mercuric oleate, Mercury oleate (X)
457.   Mercuric oxide (red and yellow) (X,I)
458.   Mercuric oxycyanide (I,R)
459.   Mercuric-potassium iodide, Mayer's reagent (X)
460.   Mercuric salicylate, Salicylated mercury (X)
461.   Mercuric subsulfate, Mercuric dioxysulfate (X)
462.   Mercuric sulfate, Mercury sulfate (X)
463.   Mercuric thiocyanide, Mercury thiocyanate (X)
464.   Mercurol, Mercury nucleate (X)
465.   Mercurous bromide (X)
466.   Mercurous gluconate (X)
467.   Mercurous iodide (X)
468.   Mercurous nitrate (I,R)
469.   Mercurous oxide (X)
470.   Mercurous sulfate, Mercury bisulfate (X)
472.   *Mercury (X)
473.   *Mercury compounds (X)
474.   Metal carbonyls (X)
475.   *Metal hydrides (I,R)
476.   Metal powders (X,I)
477A.  *Methomyl, LANNATE, S-Methyl-N-((methyl-carbamoyl)
       oxy) thioacetimidate (X)
477B.  *Methoxychlor; 1,1,1-Trichloro-2, -bis(p-methoxyphenyl)
       ethane, CHEMFLORM, MARLATE (X)
478.   *Methoxyethylmercuric chloride, AGALLOL, ARETAN (X)
479.   Methyl acetate (X,I)
480.   Methyl acetone (Mixture of acetone, methyl acetate, and
       methyl alcohol) (X,I)
481.   Methyl alcohol, Methanol (X,I)
482.   *Methylaluminum sesquibromide (I,R)
483.   *Methylaluminum sesquichloride (I,R)
484.   Methylamine, Aminomethane (X,I)
485.   n-Methylaniline (X)
486.   *Methyl bromide, Bromomethane (X)
487.   2-Methyl-1-butene (I)
488.   3-Methyl-1-butene (I)
489.   Methyl butyl ether (and isomers) (X,I)
490.   Methyl butyrate (and isomers) (X,I)
491.   Methyl chloride, Chloromethane (X,I)
492.   *Methyl chloroformate, Methyl chlorocarbonate (X,I,R)
493.   *Methyl chloromethyl ether, CMME (X,I)
494.   Methylcyclohexane (X,I)
495.   *Methyldichloroarsine (X)
496.   *Methyldichlorosilane (X,I,R)
497.   *4,4-Methylene bis(2-chloroaniline), MOCA (X)
498.   Methyl ethyl ether (X,I)
499.   Methyl ethyl ketone, 2-Butanone (X,I)
500.   Methyl ethyl ketone peroxide (X,I)
501.   Methyl formate (X,I)
502.   *Methyl hydrazine, Monomethyl hydrazine, MMH (X,I)
503.   *Methyl isocyanate (X,I)
504.   Methyl isopropenyl ketone, 3-Methyl-3-butene-2-one (X,I)
505.   *Methylmagnesium bromide (C,I,R)
506.   *Methylmagnesium chloride (C,I,R)
507.   *Methylmagnesium iodide (C,I,R)
508.   Methyl mercaptan, Methanethiol (X,I)
509.   Methyl methacrylate (monomer) (X,I)
510.   *Methyl parathion; O,O-Dimethyl-O-para-nitrophenyl-
       phosphorothioate (X)
511.   Methyl propionate (I)
512.   *Methyltrichlorosilane (X,C,I,R)
513.   Methyl valerate, Methyl pentanoate (and isomers) (I)
514.   Methyl vinyl ketone, 3-Butene-2-one (X,I)
515A.  *Mevinphos, PHOSDRIN, 2-Carbomethoxy-1-methylvinyl
       dimethylphosphate (X)
515B.  *Mirex; 1,1a,2,2,3,3a,4,5,5,5a,5b,6-Dodecachlorooctahydro-
       1,3,4-metheno-1H-cyclobuta (cd) pentalene,
       Dechlorane (X)
516.   *MOCAP, O-Ethyl-S,S-dipropyl phosphorodithioate (X)
517.   Molybdenum (powder) (I)
518.   Molybdenum trioxide, Molybdenum anhydride (X)
519.   Molybdic acid and salts (X)
520.   Monochloroacetic acid, Chloracetic acid, MCA (X,C)
521.   Monochloroacetone, Chloroacetone, 1-Chloro-2-propanone
       (X)
522.   Monofluorophosphoric acid (X,C)
523.   Naphtha (of petroleum or coal tar origin), Petroleum ether,
       Petroleum naphtha (X,I)
524.   Naphthalene (X)
525.   *alpha-Naphthylamine, 1-NA (X)
526.   *beta-Naphthylamine, 2-NA (X)
527.   Neohexane; 2,2-Dimethylbutane (X,I)
528.   Nickel (powder) (X,I)
529.   Nickel acetate (X)
530.   Nickel antimonide (X)
531.   *Nickel arsenate, Nickelous arsenate (X)
532.   *Nickel carbonyl, Nickel tetracarbonyl (X)
533.   Nickel chloride, Nickelous chloride (X)
534.   *Nickel cyanide (X)
535.   Nickel nitrate, Nickelous nitrate (X,I,R)
536.   Nickel selenide (X)
537.   Nickel sulfate (X)
538.   Nicotine, beta-pyridyl-alpha-N-methyl pyrrolidine (X)
539.   Nicotine salts (X)
540.   Nitric acid (X,C,I)
541.   Nitroaniline, Nitraniline (ortho, meta, para) (I,R)
542.   *Nitrobenzol, Nitrobenzene (X)
543.   *4-Nitrobiphenyl, 4-NBP (X)
544.   Nitro carbo nitrate (I,R)
545.   Nitrocellulose, Cellulose nitrate, Guncotton, Pyroxylin,
       Collodion, Pyroxylin (nitrocellulose) in ether and alcohol
       (I,R)
546.   Nitrochlorobenzene, Chloronitrobenzene (ortho,meta,para)
       (X)
547.   Nitrogen mustard (X,C)
548.   Nitrogen tetroxide, Nitrogen dioxide (X,I)
549.   Nitroglycerin, Trinitroglycerin (X,I,R)
550.   Nitrohydrochloric acid, Aqua regia (X,C,I)
551.   *Nitrophenol (ortho, meta, para) (X)
552.   *N-Nitrosodimethylamine, Dimethyl nitrosoamine (X)
553.   Nitrosoguanidine (R)
554.   Nitrostarch, Starch nitrate (I,R)
555.   Nitroxylol, Nitroxylene, Dimethylnitrobenzene
       (2,4-;3,4-; 2,5-isomers) (X)
556.   1-Nonene, 1-Nonylene (and isomers) (X,I)
557.   *Nonyltrichlorosilane (I,R)
558.   *Octadecyltrichlorosilane (I,R)
559.   n-Octane (and isomers) (X,I)
560.   1-Octene, 1-Caprylene (X,I)
561.   *Octyltrichlorosilane (I,R)
563.   *Oleum, Fuming sulfuric acid (X,C,R)
565.   Osmium compounds (X)
566.   Oxalic acid (X)
567.   *Oxygen difluoride (X,C,R)
568.   *Para-oxon, MINTACOL; O,O-Diethyl-O-para-nitrophenyl
       phosphate (X)
569.   *Parathion; O,O-Diethyl-O-para-nitrophenyl
       phosphorothioate (X)
570A.  *Pentaborane (X,I,R)
570B.  Pentachlorophenol, PCP, DOWICIDE 7 (X)
571.   Pentaerythrite tetranitrate, Pentaerythritol tetranitrate (R)
572.   n-Pentane (and isomers) (X,I)
573.   2-Pentanone, Methyl propyl ketone (and isomers) (X,I)
574.   Peracetic acid, Peroxyacetic acid (X,C,I,R)
575.   Perchloric acid (X,C,I,R)
576.   Perchloroethylene, Tetrachloroethylene (X)
577.   *Perchloromethyl mercaptan, Trichloromethylsulfenyl
       chloride (X)
578.   Perchloryl fluoride (X,C,I)
580.   Phenol, Carbolic acid (X,C)
581.   *Phenyldichloroarsine (X)
582.   Phenylenediamine, Diaminobenzene (ortho,meta,para) (X)
583.   Phenylhydrazine hydrochloride (X)
584.   *Phenylphenol, Orthozenol, DOWICIDE I (X)
585.   *Phenyltrichorosilane (I,R)
586.   *Phorate, THIMET; O,O-Diethyl-S-[(Ethylthio)methyl]
       phosphorodithioate (X)
587.   *Phosfolan, CYOLAN, 2-(Diethoxyphosphinylimino)-1,3-
       dithio-lane (X)
588.   *Phosgene, Carbonyl chloride (I,R)
589.   *Phosphamidon, DIMECRON, 2-Chloro-2-diethyl-
       carbamoyl-1-methylvinyl dimethyl phosphate (X)
590.   *Phosphine, Hydrogen phosphide (X,I)
591.   Phosphoric acid (C)
592.   Phosphoric anhydride, Phosphorus pentoxide (C,I)
593.   Phosphorus (amorphous, red) (X,I,R)
594.   *Phosphorus (white or yellow) (X,I,R)
595.   *Phosphorus oxybromide, Phosphoryl bromide (X,C,R)
596.   *Phosphorus oxychloride, Phosphoryl chloride (X,C,R)
597.   *Phosphorus pentachloride, Phosphoric chloride (X,C,I,R)
598.   *Phosphorus pentasulfide, Phosphoric sulfide (X,C,I,R)
599.   *Phosphorus sesquisulfide, tetraphosphorus trisulfide
       (X,C,I,R)
600.   *Phosphorus tribromide (X,C,R)
601.   *Phosphorus trichloride (X,C,R)
602.   Picramide, Trinitroaniline (I,R)
603.   Picric acid, Trinitrophenol (I,R)
604.   Picryl chloride, 2-Chloro-1,3,5-trinitrobenzene (I,R)
605.   *Platinum compounds (X)
606.   *Polychlorinated biphenyls, PCB, Askarel, aroclor,
       chlorextol, inerteen, pyranol (X)
607.   Polyvinyl nitrate (I,R)
608.   Potasan; O,O-Diethyl-0-(4-methylumbelliferone)
       phosphoro-thioate (X)
609.   *Potassium (C,I,R)
610.   *Potassium arsenate (X)
611.   *Potassium arsenite (X)
612.   *Potassium bifluoride, Potassium acid fluoride (X,C)
613.   Potassium binoxalate, Potassium acid oxalate (X)
614.   Potassium bromate (X,I)
615.   *Potassium cyanide (X)
616.   Potassium dichloroisocyanurate (X,I)
617.   Potassium dichromate, Potassium bichromate (X,C,I)
619.   Potassium fluoride (X)
620.   *Potassium hydride (C,I,R)
621.   Potassium hydroxide, Caustic potash (X,C)
622.   Potassium nitrate, Saltpeter (I,R)
623.   Potassium nitrite (I,R)
624.   Potassium oxalate (X)
625.   Potassium perchlorate (X,I,R)
626.   Potassium permanganate (X,C,I)
627.   Potassium peroxide (C,I,R)
628.   Potassium sulfide (X,I)
629.   *Propargyl bromide, 3-Bromo-1-propyne (X,I)
630.   *beta-Propiolactone, BPL (X)
631.   Propionaldehyde, Propanal (X,I)
632.   Propionic acid, Propanoic acid (X,C,I)
633.   n-Propyl acetate (X,I)
634.   n-Propyl alcohol, 1-Propanol (X,I)
635.   n-Propylamine (and isomers) (X,I)
636.   *Propyleneimine, 2-Methylaziridine (X,I)
637.   Propylene oxide (X,I)
638.   n-Propyl formate (X,I)
639.   n-Propyl mercaptan, 1-Propanethiol (X,I)
640.   *n-Propyltrichlorosilane (X,C,I,R)
641.   *Prothoate, FOSTION, FAC; O,O-Diethyl-S-carboethoxy-
       ethyl phosphorodithioate (X)
642.   Pyridine (X,I)
643.   *Pyrosulfuryl chloride, Disulfuryl chloride (X,C,R)
644.   *Quinone; 1,4-Benzoquinone (X)
645.   Raney nickel (I)
646.   *Schradan, Octamethyl pyrophosphoramide, OMPA (X)
647A.  *Selenium (X)
647B.  *Selenium compounds (X)
648.   *Selenium fluoride (X)
649.   *Selenous acid, Selenious acid and salts (X)
650.   *Silicon tetrachloride, Silicon chloride (X,C,R)
651.   *Silver acetylide (I,R)
652.   Silver azide (I,R)
653.   Silver compounds (X)
654.   Silver nitrate (X)
655.   Silver styphnate, Silver trinitroresorcinate (I,R)
656.   Silver tetrazene (I,R)
657.   *Sodium (C,I,R)
658.   Sodium aluminate (C)
659.   *Sodium aluminum hydride (C,I,R)
660.   *Sodium amide, Sodamide (C,I,R)
661.   *Sodium arsenate (X)
662.   *Sodium arsenite (X)
663.   Sodium azide (I,R)
664.   *Sodium bifluoride, Sodium acid fluoride (X,C)
665.   Sodium bromate (X,I)
666.   *Sodium cacodylate, Sodium dimethylarsenate (X)
667.   Sodium carbonate peroxide (I)
668.   Sodium chlorate (X,I)
669.   Sodium chlorite (X,I)
670.   Sodium chromate (X,C)
671.   *Sodium cyanide (X)
672.   Sodium dichloroisocyanurate (I)
673.   Sodium dichromate, Sodium bichromate (X,C,I)
674.   Sodium fluoride (X)
675.   *Sodium hydride (X,C,I,R)
676.   Sodium hydrosulfite, Sodium hyposulfite (I)
677.   Sodium hydroxide, Caustic soda, Lye (X,C)
678.   *Sodium hypochlorite (X,I,R)
679.   *Sodium methylate, Sodium methoxide (C,I,R)
680.   Sodium molybdate (X)
681.   Sodium nitrate, Soda niter (X,I,R)
682.   Sodium nitrite (X,I,R)
683.   Sodium oxide, Sodium monoxide (X,C)
684.   Sodium perchlorate (X,I,R)
685.   Sodium permanganate (X,I)
686.   *Sodium peroxide (X,I,R)
687.   Sodium picramate (X,I,R)
688.   *Sodium potassium alloy, NaK, Nack (C,I,R)
689.   *Sodium selenate (X)
690.   Sodium sulfide, Sodium hydrosulfide (X,I)
691.   Sodium thiocyanate, Sodium sulfocyanate (X)
692.   Stannic chloride, Tin tetrachloride (X,C)
693.   *Strontium arsenate (X)
694.   Strontium nitrate (X,I,R)
695.   Strontium peroxide, Strontium dioxide (I,R)
696.   *Strychnine and salts (X)
697.   Styrene, Vinylbenzene (X,I)
698.   Succinic acid peroxide (X,I)
699.   Sulfide salts (soluble) (X)
700.   *Sulfotepp, DITHIONE, BLACAFUM, Tetraethyldithio-
       pyrophosphate, TEDP (X)
701.   *Sulfur chloride, Sulfur monochloride (X,C,R)
702.   *Sulfur mustard (X,C,R)
703.   *Sulfur pentafluoride (X,C)
704.   Sulfur trioxide, Sulfuric anhydride (X,C,I)
705.   Sulfuric acid, Oil of vitriol, Battery acid (X,C)
706.   Sulfurous acid (X,C)
707.   *Sulfuryl chloride, Sulfonyl chloride (X,C,R)
708.   *Sulfuryl fluoride, Sulfonyl fluoride (X,C,R)
709.   *SUPRACIDE, ULTRACIDE,
       S-[(5-Methoxy-2-oxo-1,3,4-thia-diazo13(2H)-yl)
       methyl] -O,O-dimethyl phosphorodithioate (X)
710.   *SURECIDE, Cyanophenphos, O-para-Cyanophenyl-
       O-ethyl phenyl phosphonothioate (X)
711.   *Tellurium hexafluoride (X,C)
712.   *TELODRIN, Isobenzan; 1,3,4,5,6,7,8,8-Octachloro-1,3,3a,4,
       7,7a-hexahydro-4,7-methanoisobenzofuran (X)
713.   *TEMIK, Aldicarb, 2-Methyl-2(methylthio)
       propionaldehyde-O-(methylcarbamoyl) oxime (X)
714.   *2,3,7,8-Tetrachlorodibenzo-para-dioxin, TCDD, Dioxin (X)
715.   sym-Tetrachloroethane (X)
717.   *Tetraethyl lead, TEL (and other organic lead) (X,I)
718.   *Tetraethyl pyrophosphate, TEPP (X)
719A.  Tetrahydrofuran, THF (X,I)
719B.  Tetrahydrophthalic anhydride, Memtetrahydrophthalic an-
       hydride (X)
720.   TETRALIN, Tetrahydronaphthalene (X)
721.   Tetramethyl lead, TML (X,I)
722.   *Tetramethyl succinonitrile (X)
723.   *Tetranitromethane (X,I,R)
724.   *Tetrasul, ANIMERT V-101, S-para-Chlorophenyl-2,4,5-
       trichlorophenyl sulfide (X)
725.   Tetrazene, 4-Amidino-1-(nitrosamino-amidino)-1-
       tetra-zene (I,R)
726.   *Thallium (X)
727.   *Thallium compounds (X)
728.   *Thallous sulfate, Thallium sulfate, RATOX (X)
729.   *Thiocarbonylchloride, Thiophosgene (X,C,R)
730.   *Thionazin, ZINOPHOS; O,O-Tetramethylthiuram
       monosulfide (X)
731.   *Thionyl chloride, Sulfur oxychloride (X,C,R)
732.   *Thiophosphoryl chloride (X,C,R)
733.   Thorium (powder) (I)
734.   Tin compounds (organic) (X)
735.   Titanium (powder) (I)
736.   Titanium sulfate (X)
737.   *Titanium tetrachloride, Titanic chloride (X,C,R)
738.   Toluene, Methylbenzene (X,I)
739.   *Toluene-2,4-diisocyanate, TDI (I,R)
740A.  Toluidine, Aminotoluene (ortho,meta,para) (X)
740B.  *Toxaphene, Polychlorocamphene (X)
741.   *TRANID, exo-3-Chloro-endo-6-cyano-2-
       norbornanone-O- (methylcarbamoyl) oxime (X)
743.   1,1,2-Trichloroethane (X)
744.   Trichloroethylene; Trichlorethene (X)
745.   Trichloroisocyanuric acid (X,I)
746.   *2,4,5-Trichlorophenoxyacetic acid; 2,4,5-T (X)
747.   *Trichlorosilane, Silicochloroform (X,C,I,R)
748.   Trimethylamine, TMA (X,I)
749.   Trinitroanisole; 2,4,6-Trinitrophenyl methyl ether (I,R)
750.   1,3,5-Trinitrobenzene, TNB (I,R)
751.   2,4,6-Trinitrobenzoic acid (I,R)
752.   Trinitronaphthalene, Naphtite (I,R)
753.   2,4,6-Trinitroresorcinol, Styphnic acid (I,R)
754.   2,4,6-Trinitrotoluene, TNT (X,I,R)
755.   *tris(1-Aziridinyl) phosphine oxide, Triethylenephospho-
       ramide, TEPA (X)
756.   Tungstic acid and salts (X)
757.   Turpentine (X,I)
758.   Uranyl nitrate, Uranium nitrate (X,I,R)
759.   Urea nitrate (X,I,R)
760.   n-Valeraldehyde, n-Pentanal (and isomers) (X,I)
761.   Vanadic acid salts (X)
762.   Vanadium oxytrichloride (X,C)
763.   *Vanadium pentoxide, Vanadic acid anhydride (X)
764.   Vanadium tetrachloride (X,C)
765.   Vanadium tetraoxide (X)
766.   Vanadium trioxide, Vanadium sesquioxide (X)
767.   Vanadyl sulfate, Vanadium sulfate (X)
768.   Vinyl acetate (I,X)
769.   *Vinyl chloride (X,I)
770.   Vinyl ethyl ether (I)
771.   Vinylidene chloride, VC (X,I)
772.   Vinyl isopropyl ether (I)
773.   *Vinyltrichlorosilane (X,C,I,R)
774.   VX, O-Ethyl methyl phosphoryl N,N-diisopropyl
       thiocholine (X)
775.   *WEPSYN 155, WP 155, Triamiphos, para-(5-Amino-3-
       phenyl-1H-1,2,4-triazol-1-yl)-N,N,N',N'-tetramethyl
       phosphonic diamide (X)
776.   Xylene, Dimethylbenzene (ortho,meta,para) (X,I)
777.   Zinc (powder) (I)
778.   Zinc ammonium nitrate (X,I)
779.   *Zinc arsenate (X)
780.   *Zinc arsenite (X)
781.   Zinc chloride (X,C)
782.   Zinc compounds (X)
783.   *Zinc cyanide (X)
784.   Zinc nitrate (X,I,R)
785.   Zinc permanganate (X,I)
786.   Zinc peroxide, Zinc dioxide (X,I,R)
787.   *Zinc phosphide (X,I,R)
788.   Zinc sulfate (X)
789.   Zirconium (powder) (I)
790.   *Zirconium chloride, Zirconium tetrachloride (X,C,R)
791.   Zirconium picramate (I)
 
(b) This subdivision sets forth a list of common names of wastes which are presumed to be hazardous wastes unless it is determined that the waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The hazardous characteristics which serve as a basis for listing the common names of wastes are indicated in the list as follows:
(X) toxic, (C) corrosive, (I) ignitable and (R) reactive.
 
Acetylene sludge (C)
Acid and water (C)
Acid sludge (C)
AFU Floc (X)
Alkaline caustic liquids (C)
Alkaline cleaner (C)
Alkaline corrosive battery fluid (C)
Alkaline corrosive liquids (C)
Asbestos waste (X)
Ashes (X,C)
Bag house wastes (X)
Battery acid (C)
Beryllium waste (X)
Bilge water (X)
Boiler cleaning waste (X,C)
Bunker Oil (X,I)
Catalyst (X,I,C)
Caustic sludge (C)
Caustic wastewater (C)
Cleaning solvents (I)
Corrosion inhibitor (X,C)
Data processing fluid (I)
Drilling fluids (X,C)
Drilling mud (X)
Dyes (X)
Etching acid liquid or solvent (C,I)
Fly ash (X,C)
Fuel waste (X,I)
Insecticides (X)
Laboratory waste (X,C,R,I)
Lime and sulfur sludge (C)
Lime and water (C)
Lime sludge (C)
Lime wastewater (C)
Liquid cement (I)
Mine tailings (X,R)
Obsolete explosives (R)
Oil and water (X)
Oil Ash (X,C)
Paint (or varnish) remover or stripper (I)
Paint thinner (X,I)
Paint waste (or slops) (X,I)
Pickling liquor (C)
Pigments (X)
Plating waste (X,C)
Printing Ink (X)
Retrograde explosives (R)
Sludge acid (C)
Soda ash (C)
Solvents (I)
Spent acid (C)
Spent caustic (C)
Spent (or waste) cyanide solutions (X,C)
Spent mixed acid (C)
Spent plating solution (X,C)
Spent sulfuric acid (C)
Stripping solution (X,I)
Sulfonation oil (I)
Tank bottom sediment (X)
Tanning sludges (X)
Toxic chemical toilet wastes (X)
Unrinsed pesticide containers (X)
Unwanted or waste pesticides -an unusable portion of active ingredient or undiluted formulation (X)
Waste epoxides (X,I)
Waste (or slop) oil (X)
Weed Killer (X)
(c) This subdivision sets forth a list of electronic wastes that are presumed to be hazardous wastes unless it is determined that the electronic waste is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The hazardous characteristics that serve as a basis for listing the common names of electronic wastes are indicated in the list as follows: (X) toxic, (C) corrosive, (I) ignitable, (R) reactive. For purposes of Health and Safety Code section 25214.10.1, devices marked with a pound symbol (#) were listed herein on or before July 1, 2004.
# Cathode ray tube containing devices (CRT devices) with CRTs greater than four inches measured diagonally (X)
# Cathode ray tubes (CRTs) greater than four inches measured diagonally (X);
# Computer monitors containing cathode ray tubes greater than four inches measured diagonally (X)
# Laptop computers with liquid crystal display (LCD) screens greater than four inches measured diagonally (X)
# LCD containing desktop monitors greater than four inches measured diagonally  (X)
# Televisions containing cathode ray tubes greater than four inches measured diagonally (X)
Televisions containing liquid crystal display (LCD) screens greater than four inches measured diagonally (X) (added December 2004)
Plasma televisions with screens greater than four inches measured diagonally  (X) (added December 2004)
 
  Note:Authority cited:  Sections 25140, 25141, 25214.9, 25214.10.1 and 25214.10.2, Health and Safety Code; and Sections 42475, 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25117, 25140, 25141, 25214.9 and 25214.10.1, Health and Safety Code; and Section 42463, Public Resources Code. 
  
 



Appendix XI.
Organic Lead Test Method
 
1.0 Scope and Application.
1.1 This method is used to determine the sum of organic lead compounds  ( "organolead") in liquids, solids or sludges. The method detection limit for a 50 g sample is 0.5 m g/g (as lead); the method detection limit for 200 ml water samples is 0.1 mg/l (as lead).
2.0 Summary of Method.
2.1 Organolead is separated from the sample matrix by extraction with xylene. The organolead in the extract is reacted with Aliquat 336 and iodine and the solution is made up to volume with MIBK. Lead contained in this mixture is determined by flame atomic absorption spectrometry (FAAS). If the original sample is completely soluble in xylene, the extraction step is omitted.
3.0 Safety.
3.1 Some organic lead compounds are volatile and toxic. Therefore, samples must be processed in a well-ventilated hood. Antiknock lead compounds are particularly poisonous and must not be inhaled or ingested or come into contact with the skin. Antiknock lead compounds should never be exposed to elevated temperatures (above 50 degrees C) or to acids and oxidizing agents. Whenever organic lead compounds are handled outside of a well-ventilated hood, protective respiratory equipment, protective clothing and rubber gloves must be worn. The material safety data sheets (MSDS) for organolead standards must be read.
3.2 The solvents used in this method are flammable. Proper precautions must be taken to prevent contact with sparks or open flames (other than the AAS flame).
4.0 Interferences.
4.1 To reduce loss of organic lead compounds which are very volatile and sensitive to oxygen, samples must not be exposed to elevated temperatures or to air for extended periods of time. Such losses shall be minimized by adhering to the sample collection, preservation and handling procedures in subdivisions 7.2 - 7.4 and 8.1.1 of this appendix.
4.2 If the samples are moist, there may be poor wettability with xylene.
5.0 Apparatus and Materials.
5.1 flame atomic absorption spectrometer (FAA spectrometer) with background corrector and recorder or integrator;
5.2 lead hollow cathode lamp or electrodeless discharge lamp;
5.3 nebulizer with impact bead; the standard rubber gasket in the nebulizer must be replaced with a cork gasket because the organic solvents used in this method attack rubber;
5.4 air, acetylene and appropriate AAS burner head;
5.5 erlenmeyer flasks, 250 ml and 100 ml, with ground glass stoppers;
5.6 mechanical shaker;
5.7 glass filter funnel and filter paper (Whatman #40, #42 or equivalent);
5.8 separatory funnels, 250 ml capacity;
5.9 volumetric flasks, 250 ml, 100 ml, and 50 ml.
6.0 Reagents.
All solvents and reagents must be at least analytical reagent grade, if available.
6.1 xylene (use p-xylene if available);
6.2 methyl isobutyl ketone (MIBK, 4-methyl-2-pentanone);
6.3 iodine solution: dissolve 3.0 g of elemental iodine in toluene and make up to 100 ml with the same solvent. Store in a brown bottle in a refrigerator;
6.4 Aliquat 336 (Tri-capryl methyl ammonium chloride), available from Aldrich, Milwaukee, WI, or from McKesson Co., Minneapolis, MN. Aliquat is a registered trademark of Henkel Corporation. Prepare two solutions, one containing 10 percent weight to volume ratio (w/v) and one containing 1 percent (w/v) in MIBK. Store in a refrigerator;
6.5 anhydrous sodium sulfate, granular;
6.6 lead chloride, crystals. Dry at 105 degrees C for 3 hours before use.
6.6.1 Prepare a stock solution containing 1000 mg/l of lead (Pb) by dissolving 0.3356 g of lead chloride in 10 percent Aliquat 336 in MIBK and dilute to 250 ml. Store in a brown bottle in a refrigerator.
6.6.2 Prepare an intermediate Pb standard by pipetting 10 ml of the stock standard into a volumetric flask and diluting to 100 ml with a 40 percent volume to volume ratio (v/v) solution of xylene in MIBK. Store in a brown bottle in a refrigerator;
6.7 sodium chloride (NaCl).
7.0 Sample Collection, Preservation, and Handling.
7.1 For safety precautions, see subdivision 3.0 of this appendix.
7.2 Liquid samples must be collected in amber glass bottles (preferably 500 ml size) with Teflon-lined caps without leaving any headspace. During sampling, contact of the sample with air must be minimized.
7.3 Solid samples must be collected in glass jars (preferably 250 ml size) with airtight, Teflon-lined lids. The jars must be filled to capacity.
7.4 All samples must be transported and stored at refrigerator temperature  (approximately 5 degrees C.).
8.0 Procedure.The order of addition of the reagents must be followed explicitly. Aliquat 336 must not be added before the addition of iodine because it retards the formation of the alkyl lead iodide-Aliquat 336 complex, giving erroneous results.
8.1 Extraction of Solid and Sludge Samples.
8.1.1 Weigh out (to the nearest 0.1 g) about 50 g of homogenized sample into an Erlenmeyer flask, add 100 ml of xylene, stopper the flask and shake on a mechanical shaker for 30 minutes (min). The extraction efficiency may vary depending on the moisture content of the sample. Stirring of the sample with a mechanical or magnetic stirrer must not be substituted for shaking since it can result in loss of organolead due to oxidation by air oxygen. For the same reason, extraction times of more than 30 min must be avoided.
8.1.2 After extraction, filter the xylene phase through filter paper holding about 10 g of anhydrous sodium sulfate.
8.1.3 Pipet 20 ml of MIBK and 20 ml of the filtered extract into a 50 ml volumetric flask and mix.
8.1.4 To the same flask, add 0.1 ml of iodine solution and mix again. Let react for approximately 1 min.
8.1.5 To the same flask, add 5 ml of 1 percent Aliquat 336 in MIBK, dilute to volume with MIBK and mix.
8.2 Extraction of Liquid Samples.
8.2.1 Place 200 ml of the sample and 50 ml of xylene into a separatory funnel, close the funnel and shake for 1 - 2 min. Allow 5 - 10 min for phase separation. If less than 200 ml of sample is available, the miscibility with xylene may be tested with a smaller aliquot.
8.2.2 If a single liquid phase is obtained (i.e., if the sample is completely soluble in xylene), discard the sample/xylene mixture and pipet 20 ml of neat sample into a 50 ml volumetric flask, add 20 ml of MIBK, mix, and continue as described in subdivision 8.1.4 above.
8.2.3 If an emulsion is obtained which requires more time for phase separation, add about 5 g of NaCl to the separatory funnel, shake briefly, and let the mixture settle for 20 min.
8.2.4 After separation of the xylene phase from the sample solvent phase (e.g., water), drain off the lower phase into a second separatory funnel and collect the xylene extract in a 100 ml flask with ground glass stopper.
8.2.5 Add 25 ml of xylene to the sample solvent phase, shake for 1-2 min and allow 5 - 10 min for phase separation.
8.2.6 Repeat subdivision 8.2.4, adding the xylene phase to the first extract. Then repeat sudivisions 8.2.5 and 8.2.4 with another 25 ml of xylene.
8.2.7 Filter the combined extract through filter paper holding about 10 g of anhydrous sodium sulfate.
8.2.8 Pipet 20 ml of MIBK and 20 ml of the filtered extract into a 50 ml volumetric flask and mix. Continue as described in subdivision 8.1.4 above.
8.3 Standard and Blank Preparation.
Prepare a blank and a minimum of three appropriate working standards from the intermediate organolead standard containing 100 mg/l as Pb.
8.3.1 Place 40 ml of xylene into a 100 ml volumetric flask and add the correct amount of the 100 mg/l standard to prepare the desired concentration.
8.3.2 Immediately add 0.2 ml of iodine solution and mix well.
8.3.3 Add 10 ml of 1 percent Aliquat 336 solution, dilute to volume with MIBK and mix well.
8.3.4 The blank is prepared in the same way as the calibration standards  (subdivisions 8.3.1 - 8.3.3 of this appendix), except that no organolead intermediate standard is added.
8.4 Flame Atomic Absorption Measurements.
Since certain organolead compounds are very volatile, their vapors may remain in the nebulizer or drain tube for considerable periods of time and affect subsequent readings. Therefore, sufficient time must be allowed between readings for all vapors to clear the system. Analyzing a blank between samples can check on the system.
8.4.1 The FAA spectrometer is set up according to the manufacturer's instructions. The nebulizer is equipped with the impact bead and a cork gasket is installed. Ensure that the drain tube to the waste container drains properly. Tygon tubing is affected by the organic solvents used in this method and drainage properties will be different from those observed with aqueous samples. If desired, a waste container dedicated to receive organolead waste may be connected.
8.4.2 While aspirating water into the flame, adjust the acetylene flow to 8.5 l/min and the air flow to 25 l/min.
8.4.3 Aspirate MIBK containing 40 percent xylene into the flame, reduce the acetylene flow to approximately 4.8 l/min and fine adjust to produce an even flame with no yellow luminescence.
8.4.4 Measure the absorbance of the method blank, working standards, and samples.
8.4.5 If sample readings fall outside the calibrated range, the solutions to be aspirated into the nebulizer must be diluted with a 40 percent (v/v) solution of xylene in MIBK and analyzed again.
9.0 Calculations.
Depending on the type of sample analyzed and the method of sample preparation, one of the following three formulas is used to calculate the concentration of organolead in the sample:
9.1 solid and sludge samples:
Conc ( m g/g) = FAA-Result (mg/l) x 100ml/W(g) x 50ml/20ml x F
where W (g) is the sample mass in grams (usually 50 g) and F is the dilution factor;
9.2 liquid samples not soluble in xylene:
Conc (mg/l) = FAA-Result (mg/l) x 100ml/V(ml) x 50ml/20ml x F
where V (ml) is the sample volume in ml (usually 200 ml) and F is the dilution factor;
9.3 xylene-soluble liquid samples:
Conc (mg/l) = FAA-Result (mg/l) x 100ml/V(ml) x 50ml/20ml x F
where V (ml) is the sample volume in ml (usually 20 ml) and F is the dilution factor.

10.0 Quality Control.
10.1 Analyze a method blank along with each batch of ten samples (or less). If the blank indicates a significant contamination (more than twice the method detection limit), repeat all procedures with samples and blank.
10.2 Analyze a duplicate sample with each batch of ten samples or less.
10.3 Analyze a spiked sample with each batch of ten samples or less. The level of spiking must be about twenty times the method detection limit. If the sample contains measurable organic lead, the spike level must be at least four times the measured level.
10.4 Leaded gasoline with known concentration of organolead must be used as spiking solution for all sample types.
11.0 Method Performance.
11.1 The analysis of four replicates of water samples spiked with leaded gasoline gave a mean result of 3.23 mg/l, a standard deviation of 0.032 mg/l, and a relative standard deviation (RSD) of 0.99%. The mean recovery was 3.23 mg/l for a recovery of 67.7%.
11.2 The instrument detection limit (IDL) was determined by the analysis of eleven replicates, blanks and standards. The IDL was based on three times the standard deviation which was 0.09 mg/l.
11.3 The analysis of six replicates of soil samples spiked with gasoline gave a mean result of 3.16 mg/kg, a standard deviation of 0.025 mg/kg, and a RSD of 0.80%. The mean recovery was 3.16 mg/kg for a 66.2% recovery.
 
  Note:    Authority cited: Sections 208 and 25141, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



Appendix XII.
California Hazardous Waste Codes
 
(a) Subdivisions (b) and (c) of this appendix establish the California Hazardous Waste Code Numbers assigned to wastes which have been identified as hazardous wastes pursuant to the characteristics of hazardous waste as set forth in article 3 of this chapter or pursuant to the lists of hazardous wastes in article 4 of this chapter. These Waste Code Numbers shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and, where applicable, in the recordkeeping and reporting requirements under chapters 12 through 15, 18, and 20 of this division.
(1) In cases where hazardous wastes may have both an EPA Hazardous Waste Number and a California Hazardous Waste Code Number, both numbers shall be used in complying with the notification requirements of Health and Safety Code section 25153.6 and the recordkeeping and reporting requirements under chapters 12 through 15, 18, and 20 of this division.
(2) If both a California Hazardous Waste Code from the "California Restricted Wastes" category and a code from another category of California Hazardous Waste Codes apply to a specific hazardous waste, the code from the "California Restricted Wastes" category shall be used.
(b) List of California Hazardous Waste Codes arranged in numerical order:
Waste
Code
Number  Waste Description
        (1) Inorganics:
121     Alkaline solution (pH <= 0> 12.5) with metals (antimony,
        arsenic, barium, beryllium, cadmium, chromium, cobalt, copper,
        lead, mercury, molybdenum, nickel, selenium, silver, thallium,
        vanadium, and zinc)
122     Alkaline solution without metals (pH > 12.5)
123     Unspecified alkaline solution
131     Aqueous solution (2 < pH < 12.5) containing reactive
        anions (azide, bromate, chlorate, cyanide, fluoride, hypochlorite,
        nitrite, perchlorate, and sulfide anions)
132     Aqueous solution with metals (restricted levels and see
        waste code 121 for a list of metals)
133     Aqueous solution with 10% or more total organic residues
134     Aqueous solution with less than 10% total organic residues
135     Unspecified aqueous solution
141     Off-specification, aged, or surplus inorganics
151     Asbestos-containing waste
161     Fluid-cracking catalyst (FCC) waste
162     Other spent catalyst
171     Metal sludge (see 121)
172     Metal dust (see 121) and machining waste
181     Other inorganic solid waste
        (2) Organics:
211     Halogenated solvents (chloroform, methyl chloride,
        perchloroethylene, etc.)
212     Oxygenated solvents (acetone, butanol, ethyl acetate, etc.)
213     Hydrocarbon solvents (benzene, hexane, Stoddard, etc.)
214     Unspecified solvent mixture
221     Waste oil and mixed oil
222     Oil/water separation sludge
223     Unspecified oil-containing waste
231     Pesticide rinse water
232     Pesticides and other waste associated with pesticide production
241     Tank bottom waste
251     Still bottoms with halogenated organics
252     Other still bottom waste
261     Polychlorinated biphenyls and material containing PCB's
271     Organic monomer waste (includes unreacted resins)
272     Polymeric resin waste
281     Adhesives
291     Latex waste
311     Pharmaceutical waste
321     Sewage sludge
322     Biological waste other than sewage sludge
331     Off-specification, aged, or surplus organics
341     Organic liquids (nonsolvents) with halogens
342     Organic liquids with metals (see 121)
343     Unspecified organic liquid mixture
351     Organic solids with halogens
352     Other organic solids
        (3) Sludges:
411     Alum and gypsum sludge
421     Lime sludge
431     Phosphate sludge
441     Sulfur sludge
451     Degreasing sludge
461     Paint sludge
471     Paper sludge/pulp
481     Tetraethyl lead sludge
491     Unspecified sludge waste
        (4) Miscellaneous:
511     Empty pesticide containers 30 gallons or more
512     Other empty containers 30 gallons or more
513     Empty containers less than 30 gallons
521     Drilling mud
531     Chemical toilet waste
541     Photochemicals/photoprocessing waste
551     Laboratory waste chemicals
561     Detergent and soap
571     Fly ash, bottom ash, and retort ash
581     Gas scrubber waste
591     Baghouse waste
611     Contaminated soil from site clean-ups
612     Household waste
613     Auto shredder waste
        (5) California Restricted Wastes:
711     Liquids with cyanides <= 1000 mg/l
721     Liquids with arsenic <= 500 mg/l
722     Liquids with cadmium <= 100 mg/l
723     Liquids with chromium (VI) <= 500 mg/l
724     Liquids with lead <= 500 mg/l
725     Liquids with mercury <= 20 mg/l
726     Liquids with nickel <= 134 mg/l
727     Liquids with selenium <= 100 mg/l
728     Liquids with thallium <= 130 mg/l
731     Liquids with polychlorinated biphenyls <= 50 mg/l
741     Liquids with halogenated organic compounds <= 1000 mg/l
751     Solids or sludges with halogenated organic compounds
         <= 1000mg/kg
791     Liquids with pH <= 0> 2
792     Liquids with pH <= 0> 2 with metals
801     Waste potentially containing dioxins
 
(c) List of California Hazardous Waste Codes arranged alphabetically within each numbered category in this subdivision:
Waste
Code
Number  Waste Description
        (1) Inorganics:
121     Alkaline solution (pH <= > 12.5) with metals (antimony, arsenic,
        barium, beryllium, cadmium, chromium, cobalt, copper, lead,
        mercury, molybdenum, nickel, selenium, silver, thallium,
        vanadium, and zinc)
122     Alkaline solution without metals (pH <= 12.5)
131     Aqueous solution (2 < pH < 12.5) containing reactive
        anions (azide, bromate, chlorate, cyanide, fluoride, hypochlorite,
        nitrite, perchlorate, and sulfide anions)
133     Aqueous solution with 10% or more total organic residues
134     Aqueous solution with less than 10% total organic residues
132     Aqueous solution with metals (restricted levels and see
        waste code 121 for a list of metals)
151     Asbestos-containing waste
161     Fluid-cracking catalyst (FCC) waste
172     Metal dust (see 121) and machining waste
171     Metal sludge (see 121)
141     Off-specification, aged, or surplus inorganics
181     Other inorganic solid waste
162     Other spent catalyst
123     Unspecified alkaline solution
135     Unspecified aqueous solution
        (2) Organics:
281     Adhesives
322     Biological waste other than sewage sludge
211     Halogenated solvents (chloroform, methyl chloride,
        perchloroethylene, etc.)
213     Hydrocarbon solvents (benzene, hexane, Stoddard, etc.)
291     Latex waste
331     Off-specification, aged, or surplus organics
222     Oil/water separation sludge
341     Organic liquids (nonsolvents) with halogens
342     Organic liquids with metals (see 121)
271     Organic monomer waste (includes unreacted resins)
351     Organic solids with halogens
352     Other organic solids
252     Other still bottom waste
212     Oxygenated solvents (acetone, butanol, ethyl acetate, etc.)
231     Pesticide rinse water
232     Pesticides and other waste associated with pesticide
        production
311     Pharmaceutical waste
261     Polychlorianted biphenyls and material containing PCBs
272     Polymeric resin waste
321     Sewage sludge
251     Still bottoms with halogenated organics
241     Tank bottom waste
223     Unspecified oil-containing waste
343     Unspecified organic liquid mixture
214     Unspecified solvent mixture
221     Waste oil and mixed oil
        (3) Sludges:
411     Alum and gypsum sludge
451     Degreasing sludge
421     Lime sludge
461     Paint sludge
471     Paper sludge/pulp
431     Phosphate sludge
441     Sulfur sludge
481     Tetraethyl lead sludge
491     Unspecified sludge waste
        (4) Miscellaneous:
613     Auto shredder waste
591     Baghouse waste
531     Chemical toilet waste
611     Contaminated soil from site clean-ups
561     Detergent and soap
521     Drilling mud
513     Empty containers less than 30 gallons
511     Empty pesticide containers 30 gallons or more
571     Fly ash, bottom ash, ad retort ash
581     Gas scrubber waste
612     Household waste
551     Laboratory waste chemicals
512     Other empty containers 30 gallons or more
541     Photochemical/photoprocessing waste
        (5) California Restricted Wastes:
721     Liquids with arsenic <= 500 mg/l
722     Liquids with cadmium <= 100 mg/l
723     Liquids with chromium (VI) <= 500 mg/l)
711     Liquids with cyanides <= 1000 mg/l
741     Liquids with halogenated organic compounds <= 1000 mg/l
724     Liquids with lead <= 500 mg/l
725     Liquids with mercury <= 20 mg/l
726     Liquids with nickel <= 134 mg/l
791     Liquids with pH <= 2
792     Liquids with pH <= 2 with metals
731     Liquids with polychlorinated biphenyls <= 50 mg/l
727     Liquids with selenium <= 100 mg/l
728     Liquids with thallium <= 130 mg/l
751     Solids or sludges with halogenated organic compounds <= 1000
        mg/l
801     Waste potentially containing dioxins
 
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25117.9, 25122.7, and 25150, Health and Safety Code. 
  
 



s 66262.10. Purpose, Scope, and Applicability.
 (a) This chapter establishes standards for generators of hazardous waste located in California.
(b) A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the following sections of this chapter with respect to that waste: section 66262.11 for determining whether or not the generator has a hazardous waste, section 66262.12 for obtaining an identification number, section 66262.34 for accumulation of hazardous waste, section 66262.40(c) and (d) for recordkeeping, section 66262.43 for additional reporting, section 66262.44 for hazardous waste of concern reporting, and if applicable, section 66262.70 for farmers.
(c) Any person who imports hazardous waste into the State to a designated facility within the State from outside the United States shall comply with the standards applicable to generators established in this chapter.
(d) Any person who exports or imports hazardous waste subject to the Federal manifesting requirements of 40 CFR Part 262, or to the universal waste management standards of 40 CFR Part 273, to or from the countries listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) for recovery of hazardous waste, shall comply with 40 CFR Part 262, Subpart H or this article.
(e) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of section 66262.70 is not required to comply with other standards in this chapter or chapters 2014, 15, or 18 of this division with respect to such pesticides.
(f) A person who generates a hazardous waste as defined by chapter 11 of this division is subject to the compliance requirements and penalties prescribed in chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100) if the generator does not comply with the requirements of this chapter.
(g) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility shall comply with the generator standards established in this chapter. The provisions of section 66262.34 shall be applicable to the on-site accumulation of hazardous waste by generators. Therefore, the provisions of section 66262.34 shall apply only to owners or operators who are shipping hazardous waste which they generated at that facility.
(h) A generator who treats, stores, or disposes of hazardous waste on-site shall comply with the applicable standards and permit requirements set forth in chapters 14, 15, 16, 18 and 20 of this division.
(i) This article does not apply to generators handling only hazardous waste produced incidental to owning and maintaining their own place of residence.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25169.7 and 58012, Health and Safety Code; and 40 Code of Federal Regulations section 262.10. 
  
 



s 66262.11. Hazardous Waste Determination.
 A person who generates a waste, as defined in section 66261.2, shall determine if that waste is a hazardous waste using the following method:
(a) the generator shall first determine if the waste is excluded from regulation under section 66261.4 or section 25143.2 of the Health and Safety Code;
(b) the generator shall then determine if the waste is listed as a hazardous waste in articles 4 or 4.1 of chapter 11 or in Appendix X of chapter 11 of this division. If the waste is listed in Appendix X and is not listed in articles 4 or 4.1 of chapter 11, the generator may determine that the waste from his particular facility or operation is not a hazardous waste by either:
(1) testing the waste according to the methods set forth in article 3 of chapter 11 of this division, or according to an equivalent method approved by the Department pursuant to section 66260.21; or
(2) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used and the characteristics set forth in article 3 of chapter 11 of this division.
(c) For purposes of compliance with chapter 18 of this division (commencing with section 66268.1), or if the waste is not listed as a hazardous waste in article 4 (commencing with section 66261.30), in article 4.1 (commencing with section 66261.50), or in Appendix X of chapter 11 of this division, the generator shall determine whether the waste exhibits any of the characteristics set forth in article 3 of chapter 11 of this division by either:
(1) testing the waste according to the methods set forth in article 3  (commencing with section 66261.20) of chapter 11 of this division, or according to an equivalent method approved by the Department under section 66260.21; or
(2) applying knowledge of the hazard characteristic of the waste in light of the materials or the processes used.
(d) If the waste is determined to be hazardous, the generator shall refer to chapters 14, 15, 18, and 23 of this division for possible exclusions or restrictions pertaining to management of the specific waste.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25115, 25117, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 262.11. 
  
 



s 66262.12. Identification Numbers for the Generator.
 (a) Except as specified in (d), a generator shall not treat, store, dispose of, transport or offer for transportation, hazardous waste without having received an Identification Number.
(b) A generator who has not received an Identification Number may obtain one by applying to the Administrator or to the Department using EPA form 8700-12 (Revised 12/99). Following receipt of the request, the generator will be assigned an identification number.
(c) A generator shall not offer the hazardous waste to transporters or to transfer, treatment, storage or disposal facilities that have not received an Identification Number.
(d) Generators who generate no more than 100 kilograms of waste per month that is hazardous solely due to the presence of silver in the waste pursuant to Health and Safety Code section 25143.13 are not required to obtain an Identification Number.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25143.13, 25159, 25159.5 and 25160.2, Health and Safety Code; and 40 CFR Sections 261.5 and 262.12. 
  
 
 



s 66262.20. General Requirements.
 (a) For shipments initiated before September 5, 2006, a generator, except those generators identified in subsection (a)(1), who transports, or offers for transportation, hazardous waste for off-site transfer, treatment, storage, or disposal shall prepare a Manifest, DTSC Form 8022A (4/97), and if necessary, the EPA continuation Form 8700-22A, according to the instructions included in the Appendix to chapter 12 of this division before the waste is transported off-site. Before September 5, 2006, all manifest requests should be submitted to the following agency:
Legislative Bill Room
 
State Capitol Room B-32
 
Sacramento, CA 95814
 
For further information with regard to manifest ordering and associated fees, contact (916) 445-5357.
For shipments initiated on and after September 5, 2006, a generator, except those generators identified in subsection (a)(1), who transports, or offers for transport a hazardous waste for off-site transfer, treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for transport a rejected hazardous waste load, shall prepare a Uniform Hazardous Waste Manifest (OMB Control number 2050-0039) on EPA Form 8700-22, and, if necessary, a Continuation Sheet on EPA Form 8700- 22A, according to the instructions included in the Appendix to chapter 12 of this division before the waste is transported off-site.
Compliance with the revisions to the Manifest form and procedures announced in the regulations published by EPA on March 4, 2005 as modified by regulations adopted on June 16, 2005 and these regulations adopted by the department on August 24, 2006, shall not be required until on and after September 5, 2006.
(1) A generator who qualifies as a contributing school, as defined in section 67450.41(a)(3) of chapter 45, is not subject to the provisions of this article for transportation of hazardous wastes to a K-12 schools hazardous waste collection, consolidation, and accumulation facility (SHWCCAF) in accordance with article 5 of chapter 45 as long as the generator also maintains compliance with the provisions of article 5 of chapter 45 (commencing with section 67450.40) that are applicable to contributing schools.
(b) A generator shall designate on the manifest one facility which is permitted to handle the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate facility which is permitted to handle the waste in the event an emergency prevents delivery of the waste to the primary designated facility.
(d) If the transporter is unable to deliver the hazardous waste to the designated facility or the alternate facility, the generator shall either designate another facility or instruct the transporter to return the waste.
 
  Note: Authority cited: Sections 208, 25150, 25150.6, 25159 and  25161, Health and Safety Code. Reference: Sections 25150.6, 25159, 25159.5, 25160 and 25200, Health and Safety Code; 40 Code of Federal Regulations Sections 262.20 and 262.60. 
  
 
 



s 66262.21. Acquisition and Submission of Manifests.
 (a) If the state to which the shipment is manifested (consignment state) supplies the manifest and requires its use, then the generator shall use that manifest. This subsection is repealed on September 5, 2006.
(b) If the consignment state does not supply the manifest, the generator shall use the California Uniform Hazardous Waste manifest, EPA 8700-22/DTSC 8022A (4/97). This subsection is repealed on September 5, 2006.
(c) For shipments initiated on and after September 5, 2006, a generator shall use the Uniform Hazardous Waste Manifest, EPA Form 8700-22, and, if necessary, a Continuation Sheet, EPA Form 8700-22A, printed by a registrant in accordance with 40 Code of Federal Regulations section 262.21. No previous manifest form versions may be used for shipments initiated on and after September 5, 2006. A registrant may not print, or have printed, the manifest for use or distribution unless it has received approval from the U.S. EPA Director of the Office of Solid Waste pursuant to 40 Code of Federal Regulations section 262.21 (c) and (e).
(d) Each copy of the manifest and continuation sheet shall indicate how the copy shall be distributed, as follows:
Page 1 (top copy): "Designated facility to destination State (if required)".
Page 2: "Designated facility to generator State (if required)".
Page 3: "Designated facility to generator".
Page 4:  "Designated facility's copy".
Page 5:  "Transporter's copy".
Page 6 (bottom copy): "Generator's initial copy".
(e)(1) A generator may use manifests printed by any source so long as the source of the printed form has received approval from U.S. EPA to print the manifest under 40 Code of Federal Regulations section 262.21 (c) and (e). A registered source may be a:
(A) State agency;
(B) Commercial printer;
(C) Hazardous waste generator, transporter or TSDF; or
(D) Hazardous waste broker or other preparer who prepares or arranges shipments of hazardous waste for transportation.
(2) A generator shall determine whether the generator state or the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under these states' authorized programs.
(3) Generators also shall determine whether the consignment state or generator state requires the generator to submit any copies of the manifest to these states. In cases where the generator shall supply copies to either the generator's state or the consignment state, the generator is responsible for supplying legible photocopies of the manifest to these states.
(f) Manifests shall be submitted to the department by any generator when the waste is generated in California or is transported to a designated facility located in California. The generator manifest copy shall be submitted to the department for every shipment on a manifest when California is either the generator state or the destination or consignment state. The generator manifest copy shall be mailed to:
DTSC Generator Manifests
 
P.O. Box 400
 
Sacramento, CA 95812-0400
 
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.21. 
  
 



s 66262.22. Number of Copies.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.22. 
  
 



s 66262.23. Use of the Manifest.
 (a) The generator of any hazardous or extremely hazardous waste to be transported off-site or into California  shall:
(1) complete the generator and waste section and sign the manifest certification according to the instructions in the Appendix to this chapter; and
(2) obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and
(3) retain one copy, in accordance with section 66262.40(a); and
(4) within 30 days of each shipment of hazardous waste submit to the Department a legible copy of each manifest used; and
(5) on or after September 5, 2006, for hazardous waste that is not regulated as a hazardous waste by the U.S. EPA (non-RCRA waste), describe these wastes in Item 9b of the manifest or Item 27b of the continuation sheet as follows:
(A) describe non-RCRA hazardous wastes which do not have a U.S. DOT description indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste, Solid" or "Non-RCRA Hazardous Waste, Liquid" for solid or liquid wastes, respectively. When possible, the generic name shall be obtained from chapter 11, Appendix X, subsection (b) of this division. If not listed in chapter 11, Appendix X, subsection (b) of this division, the commonly recognized industrial name of the waste shall be used.
(B) describe non-RCRA hazardous wastes which have a U.S. DOT description by the U.S. DOT description, and
(6) The EPA hazardous waste number, if applicable, can be found in chapter 11, articles 3 and 4 and the California Hazardous Waste Code Number can be found in chapter 11, Appendix XII.
(b) The generator shall give the transporter the remaining copies of the manifest.
(c) For shipments of hazardous waste within the United States solely by water  (bulk shipments only), the generator shall send three copies of the manifest dated and signed in accordance with this section to the owner or operator of the designated facility or the last water (bulk shipment) transporter to handle the waste in the United States if exported by water. Copies of the manifest are not required for each transporter.
(d) For rail shipments of hazardous waste within the United States which originate at the site of generation, the generator shall send at least three copies of the manifest dated and signed in accordance with this section to:
(1) the next non-rail transporter, if any; or
(2) the designated facility if transported solely by rail; or
(3) the last rail transporter to handle the waste in the United States if exported by rail.
(e) For shipments of hazardous waste to a designated facility in an authorized State which has not yet obtained authorization to regulate that particular waste as hazardous, the generator shall assure that the designated facility agrees to sign and return the manifest to the generator, and that any out-of-state transporter signs and forwards the manifest to the designated facility.
 
  Note: Authority cited: Sections 25150, 25159, 25161 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.23. 
  
 



s 66262.27. Waste Minimization Certification.
 A generator who initiates a shipment of hazardous waste shall certify to one of the following statements in Item 15 of the uniform hazardous waste manifest:
(a) "I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;" or
(b) "I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford."
(c) This section is effective on and after September 5, 2006.
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; and 40 Code of Federal Regulations Section 262.27. 
  
 



s 66262.30. Packaging.
Before transporting hazardous waste or offering hazardous wastefor transportation off-site, a generator shall package the waste in accordance with the applicable Department of Transportation regulations on packaging under Title 49 CFR Parts 173, 178, and 179.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.30. 
  
 



s 66262.31. Labeling.
Before transporting or offering hazardous waste for transportation off-site, a generator shall label each package in accordance with the applicable Department of Transportation regulations on hazardous materials under Title 49 CFR Part 172.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.31. 
  
 



s 66262.32. Marking.
 (a) Before transporting or offering hazardous waste for transportation off-site, a generator shall mark each package of hazardous waste in accordance with the applicable Department of Transportation regulations on hazardous materials under Title 49 Code of Federal Regulations Part 172;
(b)(1) Before September 5, 2006, and before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 110 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of Title 49 Code of Federal Regulations section 172.304:
HAZARDOUS WASTE-State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, the U.S. Environmental Protection Agency or the California Department of Toxic Substances Control.
Generator's Name and Address_____________________________.
Manifest Document Number_______________________________________________.
(2) On and after September 5, 2006, before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall mark each container of 119 gallons or less used in such transportation with the following words and information displayed in accordance with the requirements of 49 Code of Federal Regulations section 172.304:
HAZARDOUS WASTE-State and Federal Law Prohibit Improper Disposal. If found, contact the nearest police or public safety authority, the U.S. Environmental Protection Agency or the California Department of Toxic Substances Control.
Generator's Name and Address __________.
Generator's EPA Identification Number __________.
Manifest Tracking Number __________.
 
  Note: Authority cited: Sections 25150, 25159, 25161 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.32; 49 Code of Federal Regulations section 172.304; and 49 Code of Federal Regulations Part 172. 
  
 



s 66262.33. Placarding.
Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator shall placard or offer the initial trasportor the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 Code of Federal Regulations Part 172, Subpart F.
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 Code of Federal Regulations Section 262.33.; 49 Code of Federal Regulations Section 171.3; and 49 Code of Federal Regulations Part 172, Subpart F. 
  
 



s 66262.34. Accumulation Time.
 (a) Except as provided in subsections (c) and  (d) of this section and section 66262.35, a generator may accumulate hazardous waste on-site for 90 days or less without a permit or grant of interim status, provided that:
(1)(A) the waste is placed in containers and the generator complies with the applicable requirements of articles 9, 27, 28 and 28.5 of chapter 15 of this division, or the waste is placed in tanks and the generator complies with articles 10, 27, 28, and 28.5 of chapter 15 of this division, except sections 66265.197(c) and 66265.200. In addition, such a generator is exempt from all the requirements in articles 7 and 8 of chapter 15 of this division, except for sections 66265.111 and 66265.114; or
(B) the waste is placed on drip pads and the generator complies with the applicable requirements of articles 17.5, 27, 28 and 28.5 of chapter 15 and maintains the following records at the facility:
1. a description of procedures that will be followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
2. documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal; and/or
(C) the waste is placed in containment buildings and the generator complies with article 29 of Chapter 15 of this division, has placed its professional engineer (PE) certification that the building complies with the design standards specified in 66265.1101 in the facility's operating record no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit. The owner or operator shall maintain the following records at the facility:
1. a written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that they are consistent with respecting the 90 day limit, and documentation that the procedures are complied with; or
2. documentation that the unit is emptied at least once every 90 days; and
(2) the date upon which each period of accumulation begins is clearly marked and visible for inspection on each container; and
(3) the generator complies with the requirements of subsection (f) of this section; and
(4) the generator complies with the requirements for owners or operators in articles 3 and 4 of chapter 15 of this division and with section 66265.16, and with section 66268.7(a)(5).
(b) The beginning of the 90 day period specified in subsections (a) and (c) of this section is determined as follows:
(1) if the generator does not generate more than 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste (listed in section 66261.33(e)) or one kilogram of extremely hazardous waste during any calendar month, the 90 day period begins on the date the generator has accumulated 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste or one kilogram of extremely hazardous waste;
(2) if the generator generates more than 100 kilograms of hazardous waste or one kilogram of acutely hazardous waste or one kilogram of extremely hazardous waste during any calendar month, the 90-day period begins on the first date on which any amount of hazardous waste begins to accumulate during that month.
(c) A generator who accumulates hazardous waste for more than 90 days is an operator of a storage facility and is subject to the requirements of chapters 14 and 15 of this division and the permit requirements of chapter 20 of this division, unless the generator has been granted an extension to the 90-day period or meets the requirements of subsection (d) or (e) of this section. An extension may be granted pursuant to section 66262.35 if non-RCRA or RCRA exempt hazardous wastes must remain on-site for longer than 90 days. An extension may be granted by the Department if RCRA hazardous wastes must remain onsite for longer than 90 days due to unforeseeable, temporary, and uncontrollable circumstances. An extension of up to 30 days for RCRA hazardous waste may be granted at the discretion of the Department on a case-by-case basis.
(d) Notwithstanding subsections (a) and (c) of this section and section 66262.35, a generator of less than 1,000 kilograms of hazardous waste in any calendar month who accumulates hazardous waste onsite for 180 days or less, or 270 days or less if the generator transports the generator's own waste, or offers the generator's waste for transportation, over a distance of 200 miles or more, for offsite treatment, storage, or disposal, is not a storage facility if all of the following apply:
(1) The quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms.
(2) The generator complies with the requirements of 40 Code of Federal Regulations section 262.34(d), (e) and (f).
(3) The generator does not hold acutely hazardous waste or extremely hazardous waste in an amount greater than one kilogram for more than 90 days.
(e)(1) A generator may accumulate as much as 55 gallons of hazardous waste, one quart of acutely hazardous waste (listed in section 66261.33(e)) or one quart of extremely hazardous waste at or near any point of generation, without a permit or grant of interim status, without complying with subsections (a), (b) and (c) of this section, if all of the following requirements are met with respect to this waste:
(A) the waste is accumulated in containers, other than tanks, at the initial accumulation point which is at or near the area where the waste is generated and which is under the control of the operator of the process generating the waste;
(B) the generator does not hold the waste onsite for more than one year from the initial date of accumulation, or for longer than the applicable accumulation period specified in subdivision (a) or (d), whichever occurs first. For purposes of this subdivision, the applicable accumulation period specified in subdivision (a) or (d) shall start on the date the quantity limitation specified in paragraph 1 of subsection (e) of this section is reached:
(C) the initial date of waste accumulation is clearly marked and visible for inspection on each container used for accumulation of hazardous waste;
(D) the generator complies with sections 66265.171, 66265.172, and 66265.173(a) of this division; and
(E) the generator complies with subsections (e)(2), (e)(3) and (f)(3) of this section.
(2) Except as provided in subsections (e)(2)(A) and (e)(2)(B) of this section, a process or group of processes meeting the requirements of subsection (e)(1) of this section, shall be subject to a single 55 gallon or one quart accumulation limit for that process or group of processes.
(A) If not all of the wastestreams generated by a single process or group of processes located within the same physical area are compatible, a separate 55 gallon or one quart limit shall apply to each group of wastestreams that are compatible.
(B) If the generator determines that using only one 55-gallon or one-quart container to initially accumulate specific compatible wastestreams is not practical (e.g., prevents recycling or requires unreasonable accumulation procedures) or safe from an environmental or worker/public health and safety standpoint, the generator may use a separate 55-gallon or one-quart container for those specific compatible wastestreams. The generator's determination shall be subject to review and approval by the Department at any time.
(3) A generator who has accumulated an amount of hazardous waste, acutely hazardous waste or extremely hazardous waste equal to any applicable quantity limitation listed in subsection (e)(1) of this section at or near any point of generation shall, with respect to that waste, comply within three days with subsection (a) of this section and other applicable provisions of this division. During the three day period the generator shall continue to comply with subsection (e)(1) of this section. Within the three day period, the generator shall mark the container holding the hazardous waste with the date the applicable quantity limitation was reached.
(f) Generators who accumulate hazardous waste on site without a permit or grant of interim status shall comply with the following requirements:
(1) the date upon which each period of accumulation begins shall be clearly marked and visible for inspection on each container and portable tank;
(2) the date the applicable accumulation period specified in subsection (a) or  (d) of this section begins, for purposes of subsections (a) and (b) of this section, shall be clearly marked and visible for inspection on each container and tank; and
(3) each container and tank used for onsite accumulation of hazardous waste shall be labeled or marked clearly with the words, "Hazardous Waste." Additionally, all containers and portable tanks shall be labeled with the following information:
(A) composition and physical state of the wastes;
(B) statement or statements which call attention to the particular hazardous properties of the waste (e.g., flammable, reactive, etc.);
(C) name and address of the person producing the waste.
(g) This subsection takes effect on September 5, 2006. Except as provided in  Health and Safety Code section 25160.6, subdivision (e), a generator who sends a shipment of hazardous waste to a designated facility with the understanding that the designated facility can accept and manage the waste and later receives that shipment back as a rejected load or residue in accordance with the manifest discrepancy provisions of sections 66264.72 or 66265.72 may accumulate the returned waste onsite for 90 days or less, in accordance with the requirements of paragraph (1) of subsection (a) of this section. Upon receipt of the returned shipment, the generator shall:
(1) sign Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
(2) sign Item 20 of the manifest, if the transporter returned the shipment using a new manifest;
(3) submit a copy of the signed manifest to the department within 30 days of receipt. Mail the legible manifest copy, specifically the Designated Facility-to- Destination State manifest copy (Page 1 of the manifest as provided in section 66262.21, subsection (d)) to:
DTSC Facility Manifests P.O. Box 3000, Sacramento, CA 95812-3000
(h) The generator of the rejected hazardous waste shall label or mark the hazardous waste in a manner that indicates that it is rejected hazardous waste and shall include the date it was received by the generator. If the generator of the rejected hazardous waste commingles it with other hazardous wastes, the shorter of any applicable accumulation time limits shall apply to the commingled hazardous waste.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160.6,  25179.6 and 58012, Health and Safety Code. Reference: Sections 25123.3, 25150, 25159, 25159.5, 25160.6 and 58012, Health and Safety Code; and 40 Code of Federal Regulations Section 262.34. 
  
 



s 66262.35. Extension(s) to Accumulation Time.
 (a) A generator may accumulate non-RCRA or RCRA exempt hazardous waste for longer than the time periods specified in Section 66262.34(a) or (d) under the following conditions:
(1) if hazardous wastes must remain onsite for longer than the applicable time specified in section 66262.34(a) or (d) due to unforeseeable, temporary, and uncontrollable circumstances, a one-time extension of up to 90 days is automatically granted if all of the following conditions are met.
(A) The generator submits a letter, by certified mail with return receipt requested, to the Certified Unified Program Agency (CUPA) notifying the CUPA of the extension. If the generator is located in a jurisdiction with no CUPA, then the notification letter shall be submitted to the officer or agency authorized pursuant to subdivision (f) of Health and Safety Code Section 25404.3 to implement and enforce the requirements of Health and Safety Code Section 25404(c)(1). The letter shall be received by the CUPA or authorized officer or agency prior to the generator exceeding the applicable time specified in section 66262.34(a) or (d). In the letter the generator shall provide all of the following information:
1. A certification signed by the generator certifying that:
a. the eligibility requirements and the conditions for the extension are met; and
b. hazardous waste is not accumulated in waste piles; and
c. where hazardous waste is accumulated in tank systems, the generator complies with Title 22, CCR, chapter 15, article 10, sections 66265.190 through 66265.200, except 66265.197(c); and
d. where hazardous waste is accumulated in containers, the generator complies with Title 22, CCR, chapter 15, article 9, sections 66265.170 through 66265.177; and
e. where hazardous waste is accumulated on drip pads, the generator complies with Title 22, CCR, chapter 15, article 17.5 sections 66265.440 through 66265.445; and
f. where hazardous waste is accumulated in containment buildings, the generator complies with Title 22, CCR, chapter 15, article 29, sections 66265.1100 through 66265.1102; and
g. hazardous waste will be managed in accordance with all requirements of  chapters 14 and 15 of this Division applicable to generators, except those specifically excluded elsewhere in this section.
2. Name, mailing address, and telephone number of the generator or the facility owner or operator.
3. Generator or the facility owner/operator name and address or legal description of the site location, and EPA ID number.
4. A detailed explanation of why the extension is needed. This shall include at a minimum: a description of the hazardous wastestream(s) for which the extension is being requested, the maximum quantity to be stored over the applicable time limits specified in Section 66262.34(a) or (d), an explanation of how the wastestream is generated, and the start and end dates of the 90 day extension period.
(B) All generators authorized by the Department with a permit, Standardized Permit, or grant of Interim Status shall simultaneously submit to the Department a copy of the letter submitted to the CUPA, or, if there is no CUPA, to the agency authorized pursuant to subdivision (f) of HSC Section 25404.3. The letter shall certify that the eligibility requirements and the conditions for the extension are met and that the hazardous waste will be managed in accordance with the applicable requirements of Title 22.
(C) Upon request by a CUPA, or the authorized officer or agency, the generator shall provide all documents, operating logs, reports, or any other information that supports the claim of necessity for the extension or relates to the management of the hazardous waste for which the extension is requested.
(2) One or more 90-day extension(s) may be granted at the discretion of the CUPA, or if no CUPA then at the discretion of the authorized officer or agency in that jurisdiction, on a case-by-case basis if all of the following conditions are met:
(A) The generator submits a letter, by certified mail with return receipt requested, to the CUPA, or if no CUPA then to the authorized officer or agency in that jurisdiction, requesting the extension. The letter shall be received by the CUPA or authorized officer or agency prior to the generator exceeding the accumulation time specified in Section 66262.34(a) or (d). In the letter the generator shall provide the information and certification listed in (a)(1)(A).
(B) The hazardous waste is not accumulated in waste piles.
(C) The generator meets one of the following circumstances:
1. There is a lack of offsite treatment capacity, offsite disposal capacity, or a treatment process for the generator's hazardous waste. The generator must submit documentation to the CUPA, or if no CUPA then to the authorized officer or agency in that jurisdiction, verifying attempts to locate an appropriate offsite treatment or disposal facility for the hazardous waste and list the names, addresses, and phone numbers of all the disposal and or treatment facilities that have been contacted.
2. Longer accumulation time is needed by the generator to treat its hazardous waste onsite. The speculative accumulation of hazardous waste is not sufficient reason for an extension.
3. An extension is needed because the onsite cleanup activity requires longer accumulation time (e.g., delays in clean up due to weather conditions).
4. An extension is needed because there was an emergency (e.g., mechanical failure, fire, etc.) at the business.
5. Generators that have already qualified for one 90-day extension beyond the applicable time specified in Section 66262.34(a) or (d) under section (a)(1)(A) above, but still require more time due to unforeseeable, temporary, and uncontrollable circumstances.
6. Other good cause as determined by the CUPA, or if no CUPA then by the authorized officer or agency in that jurisdiction.
(D) Upon request by a CUPA, or if no CUPA then by the authorized officer or agency in that jurisdiction, the generator shall provide all documents, operating logs, reports, or any other information that supports the claim of necessity for the extension or relates to the management of the hazardous waste for which the extension is requested.
(3) In the event of a disaster, the Department may grant an emergency waiver allowing a 90-day extension to the generators within the geographic location of the disaster if the following conditions are met:
(A) The hazardous waste must be accumulated in tank systems that comply with the technical standards of Title 22, CCR, chapter 15, article 10, or containers that comply with the technical standards of Title 22, CCR, chapter 15, article 9, or placed on drip pads and the generator complies with Title 22, CCR, chapter 15, article 17.5, or placed in containment buildings and the generator complies with article 29 of chapter 15 of Title 22, CCR. Hazardous waste accumulated in waste piles shall not be eligible for this extension.
(B) The emergency waiver shall only be activated when there has been a proclamation of a state of emergency by the federal, state, or local government for the geographic location (e.g., city or county).
(C) The Department shall issue a press release specifying which particular geographic location (e.g., city, county) will be granted an emergency waiver.
(D) The Department may further extend the effective period of the emergency waiver, as necessary, to assist the recovery process from the disaster. This extension shall also be announced through a press release.
(E) Upon request by the Department, a CUPA, or if no CUPA then by the authorized officer or agency in that jurisdiction, the generator shall provide all documents, operating logs, reports, or any other information that supports the claim of necessity for the extension or relates to the management of the hazardous waste for which the extension is requested.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25123.3, 25150, 25159, 25159.5 and 58012, Health and Safety Code. 
  
 



s 66262.40. Recordkeeping.
 (a) A generator shall keep a copy of each manifest signed in accordance with section 66262.23(a) for three years or until the generator receives a signed copy from the designated facility which received the waste. This signed copy shall be retained as a record for at least three years from the date the waste was accepted by the initial transporter.
(b) A generator shall keep a copy of each Biennial Report and Exception Report for a period of at least three years from the due date of the report.
(c) A generator shall keep records of any test results, waste analyses, or other determinations made in accordance with section 66262.11 for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal.
(d) The periods or retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the USEPA Administrator or the Department.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code; 40 CFR Section 262.40. 
  
 



s 66262.41. Biennial Report.
 (a) For the Biennial report on 1995 activities, only generators that are required under Title 40 of the Code of Federal Regulations (CFR), section 262.41 to prepare and submit this report are subject to this section. This report, due on March 1, 1996 is to be submitted on U.S. EPA form 8700-13A/B (5- 80) (8-95) provided by the Department. Generators required to submit this report for activities conducted during 1995 are generators which meet any of the following criteria:
(1) The site generated in any single month 1,000 kg (2,200 lbs) or more of RCRA hazardous waste; or
(2) The site generated in any single month, or accumulated at any time, 1 kg  (2.2 lbs) of RCRA acute hazardous waste; or
(3) The site generated or accumulated at any time more than 100 kg (220 lbs) of spill cleanup materials contaminated with RCRA acute hazardous waste; or
(4) The site treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during 1995.
(b) A generator who ships any hazardous waste offsite to a transfer, treatment, storage or disposal facility within the United States shall prepare and submit a single copy of a Biennial Report, EPA Form 8700-13A/B, 5-80, (Revised 11-89) to the Department by March 1 of each even-numbered year. The Biennial Report shall be submitted on forms provided by the Department and shall cover generator activities during the previous calendar year, and shall include the following information:
(1) the identification number, name and address of the generator;
(2) the calendar year covered by the report;
(3) the identification number, name and address for each off-site transfer, treatment, storage or disposal facility in the United States to which waste was shipped during the year;
(4) the name and Identification Number of each transporter used during the reporting year for shipments to a transfer, treatment, storage or disposal facility within the United States;
(5) a description, EPA hazardous waste number (from chapter 11, articles 3 or 4 of this division), California Hazardous Waste Category Number, from chapter 11, Appendix XII, DOT hazard class, and quantity of each hazardous waste shipped offsite to a transfer, treatment, storage or disposal facility within the United States. This information shall be listed by identification number of each such offsite facility to which waste was shipped. Wastes that are classified as non-RCRA hazardous wastes can be properly described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste, Solid" or "Non-RCRA Hazardous Waste, Liquid" for solid or liquid wastes, respectively. When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If not listed, the commonly recognized industrial name of the waste shall be used;
(6) a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(7) a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984;
(8) the certification signed by the generator or authorized representative.
(c) Any generator who treats, stores or disposes of hazardous waste onsite shall submit an annual report covering those wastes in accordance with the provisions of chapters 20, 14, 15 and 16 of this division. Reporting for exports of hazardous waste is not required on the Biennial Report form. A separate annual report requirement is set forth in section 66262.56.
(d) Additional information concerning the quantities and disposition of wastes identified or listed in chapter 11 shall be required as needed by the Department or USEPA Administrator.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160 and 25244.4, Health and Safety Code; 40 CFR Section 262.41. 
  
 



s 66262.42. Exception Reporting.
 (a) A generator who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter shall contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.
(b) A generator shall submit an Exception Report to the Department if the generator has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report shall include:
(1) a legible copy of the manifest for which the generator does not have confirmation of delivery;
(2) a cover letter signed by the generator or the generator's authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.
(c) A generator meeting the requirements of paragraph (1) of Health and Safety Code section 25123.3, subdivision (h) who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the facility to which the generator's waste is submitted, within 60 days from the date that the hazardous waste was accepted by the initial transporter, shall submit to the department a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery.
(d) Generators shall submit the exception report or information to the department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
 
  Note: Authority cited: Sections 25150, 25159 and 25161, Health and Safety Code. Reference: Sections 25123.3(h), 25159, 25159.5 and 25160, Health and Safety Code; and 40 Code of Federal Regulations Section 262.42. 
  
 



s 66262.43. Additional Reporting.
The Department may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in chapter 11 of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 262.43. 
  
 



s 66262.44. Reporting Hazardous Wastes of Concern Discovered by the Generator to be Missing.
 (a) Generators, including those operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage including generator accumulation areas within the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).
(b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the generator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and provide the following information:
(1) Generator name and identification number;
(2) Waste information (information that is typically provided on the manifest or as detailed on a material safety data sheet), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(3) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility where the waste was handled, stored or transported within the facility).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after the reportable quantity or difference was discovered, the generator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest.
(1) If the hazardous waste generator is located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial, submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) If the hazardous waste generator is located in any other county, submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
(d) Generators that handle hazardous wastes of concern will identify themselves as such when complying with Health and Safety Code section 25205.16.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25150, 25169.7 and 58012, Health and Safety Code. 
  
 



s 66262.45. Certification Requirements for the Generator.
 (a) A generator who operates or authorizes the operation of a transportable treatment unit (TTU) to treat hazardous waste on-site as specified in section 67450.3(a)(8)(A) shall sign a certification stating:
(1) The generator of the waste has established a program to reduce the volume, quantity and toxicity of the hazardous waste to the degree, determined by the generator, to be economically practicable; and
(2) The proposed method of treatment is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.
(b) A generator who operates a TTU to treat waste on-site shall include the certification with each notification required by section 67450.3(a)(3). A generator who authorizes an independent TTU owner or operator to treat waste on-site shall provide the certification to the TTU owner or operator.
(c) A generator who operates a fixed treatment (FTU) to treat hazardous waste on-site as specified in section 67450.3 shall sign, and provide with each notification required in sections 67450.2(b)(3)(H) and 67450.3(c), a certification stating:
(1) The generator of the waste has established a program to reduce the volume and quantity and toxicity of the hazardous waste to the degree, determined by the generator, to be economically practicable; and
(2) The proposed method of treatment is that practicable method currently available to the generator which minimizes the present and future threat to human health and the environment.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150 and 25202.9, Health and Safety Code. 
  
 



s 66262.47. Operating Limits for Generators Using Transportable Treatment Units Operating Pursuant to a Permit by Rule.
 A generator who treats or authorizes the treatment of hazardous waste with a transportable treatment unit (TTU) pursuant to section 67450.3(a)(8)(A) shall not allow any TTU or combination of TTUs to be operated on-site for more than one year, unless DTSC authorizes an extension to the TTU company pursuant to section 67450.3(a)(8)(A).
 
  Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66262.50. Applicability.
This article establishes requirements applicable to exports of hazardous waste to a foreign country from the State. Except to the extent 40 CFR section 262.58 provides otherwise, a primary exporter of hazardous waste shall comply with the requirements of this article and a transporter transporting hazardous waste for export shall comply with applicable requirements of chapter 13 of this division.
 
  Note:    Authority cited: Sections 208, 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code, 40 CFR Section 262.50. 
  
 



s 66262.52. General Requirements.
Exports of hazardous waste to a foreign country from the State are prohibited except in compliance with the applicable requirements of this article and of chapter 13 of this division. Exports of hazardous waste are prohibited unless:
(a) notification in accordance with section 66262.53 has been provided;
(b) for RCRA hazardous waste, the receiving country has consented to accept the hazardous waste;
(c) for RCRA hazardous waste, a copy of the EPA Acknowledgment of Consent to the shipment accompanies the hazardous waste shipment and, unless exported by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment));
(d) for RCRA hazardous waste, the hazardous waste shipment conforms to the terms of the receiving country's written consent as reflected in the EPA Acknowledgment of Consent.
 
  Note:    Authority cited: Sections 208, 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code, 40 CFR Section 262.52. 
  
 



s 66262.53. Notification of Intent to Export.
 (a) A primary exporter of RCRA hazardous waste shall concurrently notify U.S. EPA and send a copy of that notification to the Department of an intended export before such waste is scheduled to leave the United States. A complete notification shall be submitted sixty (60) days before the initial shipment is intended to be shipped off site. This notification shall cover export activities extending over a twelve (12) month or lesser period. The notification shall be in writing, signed by the primary exporter, and include the following information:
(1) name, mailing address, telephone number and ID number of the primary exporter;
(2) by consignee, for each hazardous waste type:
(A) a description of the hazardous waste and the EPA hazardous waste number, if applicable, (from chapter 11, articles 3 and 4), California Hazardous Waste Code Number (from chapter 11, Appendix XII), U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous waste as identified in 49 Code of Federal Regulations Parts 171 through 177;
(B) the estimated frequency or rate at which such waste is to be exported and the period of time over which such waste is to be exported;
(C) the estimated total quantity of the hazardous waste in units as specified in the instructions to the Uniform Hazardous Waste Manifest Form in the appendix to chapter 12;
(D) all points of entry to and departure from each foreign country through which the hazardous waste will pass;
(E) a description of the means by which each shipment of the hazardous waste will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.));
(F) a description of the manner in which the hazardous waste will be treated, stored or disposed of in the receiving country (e.g., land or ocean incineration, other land disposal, ocean dumping, recycling);
(G) the name and site address of the consignee and any alternate consignee; and
(H) the name of any transit countries through which the hazardous waste will be sent and a description of the approximate length of time the hazardous waste will remain in such country and the nature of its handling while there.
(b) A primary exporter of non-RCRA hazardous waste shall notify the Department of an intended export before such waste is scheduled to leave the United States. A complete notification shall be submitted four weeks before the initial shipment is intended to be shipped off site. This notification shall cover export activities extending over a twelve (12) month or lesser period. The notification shall be in writing, signed by the primary exporter, and include all the information required by subsections 66262.53(a)(1) and (2).
(c) Notifications submitted by mail for RCRA hazardous waste exports shall be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M Street SW, Washington, DC 20460. Hand delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th Street and Pennsylvania Avenue, NW, Washington, DC 20460. In both cases the following shall be prominently displayed on the front of the envelope: "Attention: Notification for Intent to Export." In addition, a copy of the notification shall be sent to the Import/Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205. Notwithstanding any other provision of law or regulation, notifications for non-RCRA hazardous waste exports shall only be sent to the Department.
(d) When the conditions specified on the original notification change  (including any exceedance of the estimate of the quantity of hazardous waste specified in the original notification), the primary exporter shall provide EPA and the Department with a written renotification of the change, except for changes to the telephone number in subsection (a)(1) of this section, changes to subsection (a)(2)(E) of this section and decreases in the quantity indicated pursuant to subsection (a)(2)(C) of this section. The shipment cannot take place until consent of the receiving country to the changes (except for changes to subsection (a)(2)(H) of this section and in the ports of entry to and departure from transit countries  pursuant to subsection (a)(2)(D) of this section) has been obtained and the primary exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's consent to the changes.
(e) Upon request by EPA, a primary exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.
(f) In conjunction with the Department of State, EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of section 66262.53(a). Where a claim of confidentiality is asserted with respect to any notification information required by section 66262.53(a), EPA may find the notification not complete until any such claim is resolved in accordance with section 66260.2.
(g) Where the receiving country consents to the receipt of the hazardous waste, EPA will forward an EPA Acknowledgment of Consent to the primary exporter for purposes of section 66262.54(h). Where the receiving country objects to receipt of the hazardous waste or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will also notify the primary exporter of any responses from transit countries.
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.53. 
  
 



s 66262.54. Special Manifest Requirements.
 A primary exporter shall comply with the manifest requirements of sections 66262.20 through 66262.23 except that:
(a) in lieu of the name, site address and ID number of the designated permitted facility, the primary exporter shall enter the name and site address of the consignee;
(b) in lieu of the name, site address and ID number of a permitted alternate facility, the primary exporter may enter the name and site address of any alternate consignee;
(c) for shipments initiated before September 5, 2006, in Special Handling Instructions and Additional Information, the primary exporter shall identify the point of departure from the United States.
For shipments initiated on and after September 5, 2006, in the International Shipments block, the primary exporter shall check the export box and enter the point of exit (city and State) from the United States.
(d) for shipments initiated before September 5, 2006, for RCRA hazardous waste, the following statement shall be added to the end of the first sentence of the certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: "and conforms to the terms of the attached EPA Acknowledgment of Consent".
For shipments initiated on and after September 5, 2006, this statement will be entered in Item 15;
(e) for shipments initiated before September 5, 2006, in lieu of the requirements of section 66262.21, the primary exporter shall obtain the manifest form from the Department.
For shipments initiated on and after September 5, 2006, the primary exporter may obtain the manifest from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
(f) the primary exporter shall require the consignee to confirm in writing the delivery of the hazardous waste to that facility and to describe any significant discrepancies (as defined in section 66264.72(a)) between the manifest and the shipment. A copy of the manifest signed by such facility may be used to confirm delivery of the hazardous waste;
(g) in lieu of the requirements of section 66262.20(d), where a shipment cannot be delivered for any reason to the designated or alternate consignee, the primary exporter shall:
(1) renotify US EPA for RCRA hazardous waste and the Department for both RCRA hazardous waste and non-RCRA hazardous waste of a change in the conditions of the original notification to allow shipment to a new consignee in accordance with section 66262.53(c) or
(2) instruct the transporter to return the waste to the primary exporter in the United States or designate another facility within the United States; and
(3) instruct the transporter to revise the manifest in accordance with the primary exporter's instructions;
(h) for RCRA hazardous waste, the primary exporter shall attach a copy of the EPA Acknowledgment of Consent to the shipment to the manifest which shall accompany the hazardous waste shipment. For exports by rail or water (bulk shipment), the primary exporter shall provide the transporter with an EPA Acknowledgment of Consent which shall accompany the hazardous waste but which need not be attached to the manifest except that for exports by water (bulk shipment) the primary exporter shall attach the copy of the EPA Acknowledgment of Consent to the shipping paper;
(i) for RCRA hazardous waste, the primary exporter shall provide the transporter with an additional copy of the manifest for delivery to the U.S. Customs official at the point the hazardous waste leaves the United States in accordance with section 66263.20(j)(4).
 
  Note: Authority cited: Sections 25150.2, 25159 and 58012, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.54. 
  
 



s 66262.55. Exception Reports for Exportors.
 (a) In lieu of the requirements of section 66262.42, a primary exporter shall file an exception report with the U.S. EPA Administrator and the Department for RCRA hazardous waste, or with the Department for non-RCRA hazardous waste, if:
(1) the primary exporter has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within forty-five (45) days from the date it was accepted by the initial transporter;
(2) within ninety (90) days from the date the waste was accepted by the initial transporter, the primary exporter has not received written confirmation from the consignee that the hazardous waste was received;
(3) the waste is returned to the United States.
(b) For exports by water to foreign countries, if the generator has not received a copy of the manifest signed by all transporters and the facility operator 60 days after the initial shipment, the generator shall contact the owner or operator of the designated facility to determine the status of the hazardous waste and to request that the owner or operator immediately provide a signed copy of the manifest to the generator.
(c) The primary exporter shall submit the exception report to the department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5, 25160 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.55. 
  
 



s 66262.56. Annual Export Reports.
 (a) Primary exporters of hazardous waste shall file with the U.S. EPA Administrator and the Department no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported to a foreign country from the State during the previous calendar year. Such reports shall include the following:
(1) the Identification Number, name, and mailing and site address of the exporter;
(2) the calendar year covered by the report;
(3) the name and site address of each consignee;
(4) by consignee, for each hazardous waste exported, a description of the hazardous waste, the EPA hazardous waste number, if applicable (from chapter 11, articles 3 and 4), the California Hazardous Waste Code Number (from chapter 11, Appendix XII), DOT hazard class, the name and ID Number (where applicable) for each transporter used, the total amount of waste shipped and number of shipments pursuant to each notification;
(5) unless provided pursuant to section 66262.41, in even numbered years:
(A) a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and
(B) a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984;
(6) a certification signed by the primary exporter which states:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.
(b) Annual reports submitted by mail shall be sent to the following mailing address: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, 401 M Street SW, Washington, D.C. 20460. Hand delivered notifications should be sent to: Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection Agency, Ariel Rios Bldg., 12th Street and Pennsylvania Avenue, NW, Washington, DC 20460. A copy of each report shall be sent to the Department at the following address: Import/Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 262.56. 
  
 



s 66262.57. Recordkeeping.
 (a) For all hazardous waste exports to a foreign country from the State a primary exporter shall:
(1) keep a copy of each notification of intent to export for both RCRA hazardous waste and non-RCRA hazardous waste for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
(2) for RCRA hazardous waste, keep a copy of each EPA Acknowledgment of Consent for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
(3) keep a copy of each confirmation of delivery of the hazardous waste from the consignee for at least three years from the date the hazardous waste was accepted by the initial transporter; and
(4) keep a copy of each annual report for a period of at least three years from the due date of the report.
(b) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the USEPA Administrator or the Department.
 
  Note: Authority cited: Sections 208, 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, 25159.5 and 25162, Health and Safety Code, 40 CFR Section 262.57. 
  

 



s 66262.58. International Agreements.
 (a) Any person who exports or imports hazardous waste subject to the Federal manifesting requirements of 40 CFR Part 262, or subject to universal waste management standards of 40 CFR Part 273, to or from designated member countries of the Organization for Economic Cooperation and Development (OECD) as defined in 40 CFR section 262.58(a)(1) or subsection (a)(1) of this section for purposes of recovery of hazardous waste is subject to the requirements of 40 CFR Part 262, Subpart H or this article. The requirements of 40 CFR Part 262, Subparts E and F or articles 5 and 6 of this chapter do not apply.
(1) For the purposes of 40 CFR Part 262, Subpart H or this article, the designated OECD countries consist of Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the United States.
(2) For the purposes of 40 CFR Part 262, Subpart H or this article, Canada and Mexico are considered OECD member countries only for the purposes of transit.
(b) Any person who exports hazardous waste to or imports hazardous waste from: a designated OECD member country for purposes other than recovery (e.g., incineration, disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the requirements of 40 CFR Part 262, Subparts E and F or articles 4 and 5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.58. 
  
 



s 66262.60. Imports of Hazardous Waste.
 (a) Any person who imports hazardous waste from a foreign country to a designated facility within the State shall comply with the requirements of this chapter and the special requirements of this article.
(b) When importing hazardous waste, a person shall meet all the requirements of section 66262.20(a) for the manifest except that:
(1) in place of the generator's name, address and Identification Number, the name and address of the foreign generator and the importer's name, address and Identification Number shall be used;
(2) in place of the generator's signature on the certification statement, the U.S. importer or the importer's agent shall sign and date the certification and obtain the signature of the initial transporter;
(3) for shipments initiated before September 5, 2006, a person importing hazardous waste into California for shipment to a facility outside of the State shall use:
(A) for persons importing RCRA hazardous waste or material regulated as hazardous waste in the receiving state, the Uniform Hazardous Waste Manifest required by the receiving state; or
(B) for non-RCRA hazardous waste not regulated as hazardous waste by the receiving state, the California Uniform Hazardous Waste Manifest (DTSC 8022A, revised 4/97).
(c) For shipments initiated before September 5, 2006, a person who imports hazardous waste shall obtain the manifest form from the Department.
For shipments initiated on and after September 5, 2006, a person who imports hazardous waste may obtain the manifest form from any source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or commercial forms printers).
(d) For shipments initiated on and after September 5, 2006, in the International Shipments block, the importer shall check the import box and enter the point of entry (city and State) into the United States.
(e) The importer shall provide the transporter with an additional copy of the manifest to be submitted by the receiving facility to U.S. EPA in accordance with sections 66264.71 subsection (a)(3) and 66265.71 subsection (a)(3) of this division and 40 Code of Federal Regulations sections 264.71(a)(3) and 265.71(a)(3).
 
  Note: Authority cited: Sections 25150.2 and 25159, Health and Safety Code. Reference: Sections 25150.2, 25159, and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 262.60. 
  

 



s 66262.70. Farmers.
 (a) Waste pesticide, which meets the definition of hazardous waste, including rinsate generated pursuant to subsection (b) of this section, generated as part of a commercial farming operation is not required to be managed in compliance with the standards in this chapter or chapters 14, 15, 18 or 20 of this division, provided the waste pesticide is applied as part of a commercial farming operation in a manner consistent with the use instructions on the pesticide label.
(b) Pesticide containers, or inner liners from pesticide containers, generated by a commercial farming operation shall not be regulated as hazardous waste if the container or inner liner is emptied by removing all of the contents that can be removed by draining, pouring, pumping or aspirating, and the container or inner liner is triple rinsed with a liquid capable of dissolving the pesticide which the container held; and
(1) the container or inner liner is punctured, shredded, crushed or otherwise similarly changed so as to prevent subsequent use or reuse, and is disposed of; or
(2) the container is punctured, shredded, crushed or otherwise similarly changed so as to prevent subsequent use or reuse, and is recycled by reclaiming its scrap value; or
(3) the container is reused in accordance with the provision of Health and Safety Code section 25143.2(d)(6).
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code, 40 CFR section 262.70 and 40 CFR section 261.7. 
  
 



s 66262.80. Applicability.
 (a) The requirements of 40 CFR Part 262, Subpart H or this article apply to imports and exports of wastes that are considered hazardous under U.S. national procedures and are destined for recovery operations in the countries listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1). A waste is considered hazardous under U.S. national procedures if it meets the federal definition of hazardous waste in 40 CFR section 261.3 and it is subject to either the Federal manifesting requirements of 40 CFR Part 262, or to the universal waste management standards of 40 CFR Part 273.
(b) Any person (notifier, consignee, or recovery facility operator) who mixes two or more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two or more wastes (including hazardous and non-hazardous wastes) to physical or chemical transformation operations, and thereby creates a new hazardous waste, becomes a generator and assumes all subsequent generator duties under RCRA and any notifier duties, if applicable, under 40 CFR Part 262, Subpart H or this article.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.80. 
  
 



s 66262.81. Definitions.
The following definitions apply to 40 CFR Part 262, Subpart H or this article.
(a) "Competent authorities" means the regulatory authorities of concerned countries having jurisdiction over transfrontier movements of wastes destined for recovery operations.
(b) "Concerned countries" means the exporting and importing OECD member countries and any OECD member countries of transit.
(c) "Consignee" means the person to whom possession or other form of legal control of the waste is assigned at the time the waste is received in the importing country.
(d) "Country of transit" means any designated OECD country in 40 CFR sections 262.58(a)(1) and (a)(2) or sections 66262.58(a)(1) and (a)(2) other than the exporting or importing country across which a transfrontier movement of wastes is planned or takes place.
(e) "Exporting country" means any designated OECD member country in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) from which a transfrontier movement of wastes is planned or has commenced.
(f) "Importing country" means any designated OECD country in 40 CFR section 262.58(a)(1) or 66262.58(a)(1) to which a transfrontier movement of wastes is planned or takes place for the purpose of submitting the wastes to recovery operations therein.
(g) "Notifier" means the person under the jurisdiction of the exporting country who has, or will have at the time the planned transfrontier movement commences, possession or legal control of the wastes and who proposes their transfrontier movement for the ultimate purpose of submitting them to recovery operations. When the United States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled in the U.S.
(h) "OECD area" means all land or marine areas under the national jurisdiction of any designated OECD member country in 40 CFR section 262.58 or section 66262.58. When the regulations refer to shipments to or from an OECD country, this means OECD area.
(i) "Recognized trader" means a person who, with appropriate authorization of concerned countries, acts in the role of principal to purchase and subsequently sell wastes; this person has legal control of such wastes from time of purchase to time of sale; such a person shall act to arrange and facilitate transfrontier movements of wastes destined for recovery operations.
(j) "Recovery facility" means an entity which, under applicable domestic law, is operating or is authorized to operate in the importing country to receive wastes and to perform recovery operations on them.
(k) "Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD Council Decision C(88)90(Final) of May 27, 1988, (available from the Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket # F-94-IEHF-FFFFF) and the Organization for Economic Co-operation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France) which include:
R1 Use as a fuel (other than in direct incineration) or other means to generate energy;
R2 Solvent reclamation/regeneration;
R3 Recycling/reclamation of organic substances which are not used as solvents;
R4 Recycling/reclamation of metals and metal compounds;
R5 Recycling/reclamation of other inorganic materials;
R6 Regeneration of acids or bases;
R7 Recovery of components used for pollution control;
R8 Recovery of components from catalysts;
R9 Used oil re-refining or other reuses of previously used oil;
R10 Land treatment resulting in benefit to agriculture or ecological improvement;
R11 Uses of residual materials obtained from any of the operations numbered R1- R10;
R12 Exchange of wastes for submission to any of the operations numbered R1-R11;
R13 Accumulation of material intended for any operation in Table 2.B;
(l) "Transfrontier movement" means any shipment of wastes destined for recovery operations from an area under the national jurisdiction of one OECD member country to an area under the national jurisdiction of another OECD member country.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.81. 
  
 



s 66262.82. General Conditions.
 (a) Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to a green-, amber-, or red-list and by U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a). The green- , amber-, and red-lists are incorporated by reference in 40 CFR section 262.89(e) or section 66262.89(e).
(1) Wastes on the green-list are subject to existing controls normally applied to commercial transactions, except as provided below:
(A) Green-list wastes that are considered hazardous under U.S. national procedures are subject to amber-list controls.
(B) Green-list wastes that are sufficiently contaminated or mixed with amber-list wastes, such that the waste or waste mixture is considered hazardous under U.S. national procedures, are subject to amber-list controls.
(C) Green-list wastes that are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures shall be handled in accordance with the red-list controls.
(2) Wastes on the amber-list that are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are subject to the amber-list controls of 40 CFR Part 262, Subpart H or this article.
(A) If amber-list wastes are sufficiently contaminated or mixed with other wastes subject to red-list controls such that the waste or waste mixture is considered hazardous under U.S. national procedures, the wastes shall be handled in accordance with the red-list controls.
(B) [Reserved].
(3) Wastes on the red-list that are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are subject to the red-list controls of 40 CFR Part 262, Subpart H or this article. Some wastes on the amber- or red-lists are not listed or otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and therefore are not subject to the amber- or red-list controls of 40 CFR Part 262, Subpart H or this article. Regardless of the status of the waste under RCRA, however, other federal environmental statutes (e.g., the federal Toxic Substances Control Act) shall restrict certain waste imports or exports. Such restrictions continue to apply without regard to 40 CFR Part 262, Subpart H or this article.
(4) Wastes not yet assigned to a list are eligible for transfrontier movements, as follows:
(A) If such wastes are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a), these wastes are subject to the red-list controls; or
(B) If such wastes are not considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a), such wastes shall move as though they appeared on the green-list.
(b) General conditions applicable to transfrontier movements of hazardous waste.
(1) The waste shall be destined for recovery operations at a facility that, under applicable domestic law, is operating or is authorized to operate in the importing country;
(2) The transfrontier movement shall be in compliance with applicable international transport agreements. These international agreements include, but are not limited to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention (1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID (1985).
(3) Any transit of waste through a non-OECD member country shall be conducted in compliance with all applicable international and national laws and regulations.
(c) Provisions relating to re-export for recovery to a third country.
(1) Re-export of wastes subject to the amber-list control system from the U.S., as the importing country, to a third country listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) shall occur only after a notifier in the U.S. provides notification to and obtains consent of the competent authorities in the third country, the original exporting country, and new transit countries. The notification shall comply with the notice and consent procedures in 40 CFR section 262.83 or section 66262.83 for all concerned countries and the original exporting country. The competent authorities of the original exporting country as well as the competent authorities of all other concerned countries have 30 days to object to the proposed movement.
(A) The 30-day period begins once the competent authorities of both the initial exporting country and new importing country issue Acknowledgements of Receipt of the notification.
(B) The transfrontier movement shall commence if no objection has been lodged after the 30-day period has passed or immediately after written consent is received from all relevant OECD importing and transit countries.
(2) Re-export of waste subject to the red-list control system from the original importing country to a third country listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) shall occur only following notification of the competent authorities of the third country, the original exporting country, and new transit countries by a notifier in the original importing country in accordance with 40 CFR section 262.83 or section 66262.83. The transfrontier movement shall not proceed until receipt by the original importing country of written consent from the competent authorities of the third country, the original exporting country, and new transit countries.
(3) In the case of re-export of amber- or red-list wastes to a country other than those in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1), notification to and consent of the competent authorities of the original OECD member country of export and any OECD member countries of transit is required as specified in 40 CFR sections 262.82(c)(1) and (c)(2) or subsections (c)(1) and (c)(2) of this section in addition to compliance with all international agreements and arrangements to which the first importing OECD member country is a party and all applicable regulatory requirements for exports from the first importing country.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.82. 
  
 



s 66262.83. Notification and Consent.
 (a) Applicability. Consent shall be obtained from the competent authorities of the relevant OECD importing and transit countries prior to exporting hazardous waste destined for recovery operations subject to 40 CFR Part 262, Subpart H or this article. Hazardous wastes subject to amber-list controls are subject to the requirements of 40 CFR section 262.83(b) or subsection (b) of this section; hazardous wastes subject to red-list controls are subject to the requirements of 40 CFR section 262.83(c) or subsection (c) of this section; and wastes not identified on any list are subject to the requirements of 40 CFR section 262.83(d) or subsection (d) of this section.
(b) Amber-list wastes. The export from the U.S. of hazardous wastes as described in 40 CFR section 262.80(a) or section 66262.80(a) that appear on the amber-list is prohibited unless the notification and consent requirements of 40 CFR section 262.83(b)(1) or section 262.83(b)(2) or subsection (b)(1) or subsection (b)(2) of this section are met.
(1) Transactions requiring specific consent:
(A) Notification. At least forty-five (45) days prior to commencement of the transfrontier movement, the notifier shall provide written notification in English of the proposed transfrontier movement to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, with the words "Attention: OECD Export Notification" prominently displayed on the envelope. This notification shall include all of the information identified in 40 CFR section 262.83(e) or subsection (e) of this section. In cases where wastes having similar physical and chemical characteristics, the same United Nations classification, and the same RCRA waste codes are to be sent periodically to the same recovery facility by the same notifier, the notifier shall submit one notification of intent to export these wastes in multiple shipments during a period of up to one year.
(B) Tacit consent. If no objection has been lodged by any concerned country  (i.e., exporting, importing, or transit countries) to a notification provided pursuant to 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section within 30 days after the date of issuance of the Acknowledgment of Receipt of notification by the competent authority of the importing country, the transfrontier movement shall commence. Tacit consent expires one calendar year after the close of the 30-day period; renotification and renewal of all consents is required for exports after that date.
(C) Written consent. If the competent authorities of all the relevant OECD importing and transit countries provide written consent in a period less than 30 days, the transfrontier movement shall commence immediately after all necessary consents are received. Written consent expires for each relevant OECD importing and transit country one calendar year after the date of that country's consent unless otherwise specified; renotification and renewal of each expired consent is required for exports after that date.
(2) Shipments to facilities pre-approved by the competent authorities of the importing countries to accept specific wastes for recovery:
(A) The notifier shall provide USEPA the information identified in 40 CFR section 262.83(e) or subsection (e) of this section in English, at least 10 days in advance of commencing shipment to a pre-approved facility. The notification should indicate that the recovery facility is pre-approved, and shall apply to a single specific shipment or to multiple shipments as described in 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section. This information shall be sent to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, with the words "OECD Export Notification - Pre-approved Facility" prominently displayed on the envelope.
(B) Shipments shall commence after the notification required in 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section has been received by the competent authorities of all concerned countries, unless the notifier has received information indicating that the competent authorities of one or more concerned countries objects to the shipment.
(c) Red-list wastes. The export from the U.S. of hazardous wastes as described in 40 CFR section 262.80(a) or section 66262.80(a) that appear on the red-list is prohibited unless notice is given pursuant to 40 CFR section 262.83(b)(1)(i) or subsection (b)(1)(A) of this section and the notifier receives written consent from the importing country and any transit countries prior to commencement of the transfrontier movement.
(d) Unlisted wastes. Wastes not assigned to the green-, amber-, or red-list that are considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are subject to the notification and consent requirements established for red-list wastes in accordance with 40 CFR section 262.83(c) or subsection (c) of this section. Unlisted wastes that are not considered hazardous under U.S. national procedures as defined in 40 CFR section 262.80(a) or section 66262.80(a) are not subject to amber or red controls when exported or imported.
(e) Notification information. Notifications submitted under 40 CFR section 262.83 or this section shall include:
(1) Serial number or other accepted identifier of the notification form;
(2) Notifier name and USEPA identification number (if applicable), address, and telephone and telefax numbers;
(3) Importing recovery facility name, address, telephone and telefax numbers, and technologies employed;
(4) Consignee name (if not the owner or operator of the recovery facility) address, and telephone and telefax numbers; whether the consignee will engage in waste exchange or storage prior to delivering the waste to the final recovery facility and identification of recovery operations to be employed at the final recovery facility;
(5) Intended transporters or their agents;
(6) Country of export and relevant competent authority, and point of departure;
(7) Countries of transit and relevant competent authorities and points of entry and departure;
(8) Country of import and relevant competent authority, and point of entry;
(9) Statement of whether the notification is a single notification or a general notification. If general, include period of validity requested;
(10) Date foreseen for commencement of transfrontier movement;
(11) Designation of waste type(s) from the appropriate list (amber or red and waste list code), descriptions of each waste type, estimated total quantity of each, RCRA waste code, and United Nations number for each waste type; and
(12) Certification/Declaration signed by the notifier that states:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally- enforceable written contractual obligations have been entered into, and that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement.
Name: _____________________________________
Signature: ________________________________
Date: _____________________________________
The U.S. does not currently require financial assurance; however, U.S. exporters may be asked by other governments to provide and certify to such assurance as a condition of obtaining consent to a proposed movement.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.83. 
  
 



s 66262.84. Tracking Document.
 (a) All U.S. parties subject to the contract provisions of 40 CFR section 262.85 or section 66262.85 shall ensure that a tracking document meeting the conditions of 40 CFR section 262.84(b) or section 66262.84(b) accompanies each transfrontier shipment of wastes subject to amber-list or red-list controls from the initiation of the shipment until it reaches the final recovery facility, including cases in which the waste is stored and/or exchanged by the consignee prior to shipment to the final recovery facility, except as provided in 40 CFR sections 262.84(a)(1) and (2) or subsections (a)(1) and (a)(2) of this section.
(1) For shipments of hazardous waste within the U.S. solely by water (bulk shipments only) the generator shall forward the tracking document with the manifest to the last water (bulk shipment) transporter to handle the waste in the U.S. if exported by water, (in accordance with the manifest routing procedures of 40 CFR section 262.23(c) or section 66262.23(c)).
(2) For rail shipments of hazardous waste within the U.S. which originate at the site of generation, the generator shall forward the tracking document with the manifest (in accordance with the routing procedures for the manifest in 40 CFR section 262.23(d) or section 66262.23(d)) to the next non-rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if exported by rail.
(b) The tracking document shall include all information required under 40 CFR section 262.83 or section 66262.83 (for notification), and the following:
(1) Date shipment commenced.
(2) Name (if not notifier), address, and telephone and telefax numbers of primary exporter.
(3) Company name and USEPA identification number of all transporters.
(4) Identification (license, registered name or registration number) of means of transport, including types of packaging.
(5) Any special precautions to be taken by transporters.
(6) Certification/declaration signed by notifier that no objection to the shipment has been lodged as follows:
I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally- enforceable written contractual obligations have been entered into, that any applicable insurance or other financial guarantees are or shall be in force covering the transfrontier movement, and that:
1. All necessary consents have been received; OR
2. The shipment is directed at a recovery facility within the OECD area and no objection has been received from any of the concerned countries within the 30 day tacit consent period; OR
3. The shipment is directed at a recovery facility pre-authorized for that type of waste within the OECD area; such an authorization has not been revoked, and no objection has been received from any of the concerned countries.
Name: ______________________________
Signature: _________________________
Date: ______________________________
(7) Appropriate signatures for each custody transfer (e.g., transporter, consignee, and owner or operator of the recovery facility).
(c) Notifiers also shall comply with the special manifest requirements of 40 CFR section 262.54(a), (b), (c), (e), and (i) or sections 66262.54(a), (b), (c), (e), and (i) and consignees shall comply with the import requirements of 40 CFR Part 262, Subpart F or section 66262.60.
(d) Each U.S. person that has physical custody of the waste from the time the movement commences until it arrives at the recovery facility shall sign the tracking document (e.g., transporter, consignee, and owner or operator of the recovery facility).
(e) Within three (3) working days of the receipt of imports subject to 40 CFR Part 262, Subpart H or this article, the owner or operator of the U.S. recovery facility shall send signed copies of the tracking document to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, and to the competent authorities of the exporting and transit countries.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.84. 
  
 



s 66262.85. Contracts.
 (a) Transfrontier movements of hazardous wastes subject to amber or red control procedures are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Such contracts or equivalent arrangements shall be executed by the notifier and the owner or operator of the recovery facility, and shall specify responsibilities for each. Contracts or equivalent arrangements are valid for the purposes of 40 CFR section 262.85 or this section only if persons assuming obligations under the contracts or equivalent arrangements have appropriate legal status to conduct the operations specified in the contract or equivalent arrangement.
(b) Contracts or equivalent arrangements shall specify the name and USEPA ID number, where available, of:
(1) The generator of each type of waste;
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes;
(4) The recovery facility.
(c) Contracts or equivalent arrangements shall specify which party to the contract will assume responsibility for alternate management of the wastes if its disposition cannot be carried out as described in the notification of intent to export. In such cases, contracts shall specify that:
(1) The person having actual possession or physical control over the wastes will immediately inform the notifier and the competent authorities of the exporting and importing countries and, if the wastes are located in a country of transit, the competent authorities of that country; and
(2) The person specified in the contract will assume responsibility for the adequate management of the wastes in compliance with applicable laws and regulations including, if necessary, arranging their return to the original country of export.
(d) Contracts shall specify that the consignee will provide the notification required in 40 CFR section 262.82(c) or section 66262.82(c) prior to re-export of controlled wastes to a third country.
(e) Contracts or equivalent arrangements shall include provisions for financial guarantees, if required by the competent authorities of any concerned country, in accordance with applicable national or international law requirements. Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The U.S. does not require such financial guarantees at this time; however, some OECD countries do. It is the responsibility of the notifier to ascertain and comply with such requirements; in some cases, transporters or consignees may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.
(f) Contracts or equivalent arrangements shall contain provisions requiring each contracting party to comply with all applicable requirements of 40 CFR Part 262, Subpart H or this article.
(g) Upon request by USEPA, U.S. notifiers, consignees, or recovery facilities shall submit to USEPA copies of contracts, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same corporate or legal entity). Information contained in the contracts or equivalent arrangements for which a claim of confidentiality is asserted accordance with 40 CFR section 2.203(b) will be treated as confidential and will be disclosed by USEPA only as provided in 40 CFR section 260.2. Although the U.S. does not require routine submission of contracts at this time, OECD Council Decision C(92)39/FINAL allows members to impose such requirements. When other OECD countries require submission of partial or complete copies of the contract as a condition to granting consent to proposed movements, USEPA will request the required information; absent submission of such information, some OECD countries may deny consent for the proposed movement.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.85. 
  
 



s 66262.86. Provisions Relating to Recognized Traders.
 (a) A recognized trader who takes physical custody of a waste and conducts recovery operations (including storage prior to recovery) is acting as the owner or operator of a recovery facility and shall be so authorized in accordance with all applicable federal laws.
(b) A recognized trader acting as a notifier or consignee for transfrontier shipments of waste shall comply with all the requirements of 40 CFR Part 262, Subpart H or this article associated with being a notifier or consignee.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.86. 
  
 



s 66262.87. Reporting and Recordkeeping.
 (a) Annual reports. For all waste movements subject to 40 CFR Part 262, Subpart H or this article, persons (e.g., notifiers, recognized traders) who meet the definition of primary exporter in 40 CFR section 262.51 shall file an annual report with the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460, no later than March 1 of each year summarizing the types, quantities, frequency, and ultimate destination of all such hazardous waste exported during the previous calendar year. (If the primary exporter is required to file an annual report for waste exports that are not covered under 40 CFR Part 262, Subpart H or this article, the primary exporter may include all export information in one report provided the following information on exports of waste destined for recovery within the designated OECD member countries is contained in a separate section). Such reports shall include the following:
(1) The USEPA identification number, name, and mailing and site address of the notifier filing the report;
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a description of the hazardous waste, the USEPA hazardous waste number (from 40 CFR Part 261, Subpart C or D), designation of waste type(s) from OECD waste list and applicable waste code from the OECD lists, Department of Transportation (DOT) hazard class, the name and USEPA identification number (where applicable) for each transporter used, the total amount of hazardous waste shipped pursuant to 40 CFR Part 262, Subpart H or this article, and number of shipments pursuant to each notification;
(5) In even numbered years, for each hazardous waste exported, except for hazardous waste produced by exporters of greater than 100 kilograms (kg) but less than 1000 kg in a calendar month, and except for hazardous waste for which information was already provided pursuant to 40 CFR section 262.41:
(A) A description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated; and
(B) A description of the changes in volume and toxicity of the waste actually achieved during the year in comparison to previous years to the extent such information is available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter that states:
I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment.
(b) Exception reports. Any person who meets the definition of primary exporter in 40 CFR section 262.51 shall file an exception report in lieu of the requirements of 40 CFR section 262.42 with the USEPA Administrator if any of the following occurs:
(1) The primary exporter has not received a copy of the tracking documentation signed by the transporter stating point of departure of the waste from the United States, within forty-five (45) days from the date it was accepted by the initial transporter;
(2) Within ninety (90) days from the date the waste was accepted by the initial transporter, the notifier has not received written confirmation from the recovery facility that the hazardous waste was received;
(3) The waste is returned to the United States.
(c) Recordkeeping.
(1) Persons who meet the definition of primary exporter in 40 CFR section 262.51 shall keep the following records:
(A) A copy of each notification of intent to export and all written consents obtained from the competent authorities of concerned countries for a period of at least three years from the date the hazardous waste was accepted by the initial transporter;
(B) A copy of each annual report for a period of at least three years from the due date of the report; and
(C) A copy of any exception reports and a copy of each confirmation of delivery (i.e., tracking documentation) sent by the recovery facility to the notifier for at least three years from the date the hazardous waste was accepted by the initial transporter or received by the recovery facility, whichever is applicable.
(2) The periods of retention referred to in 40 CFR section 262.87 or this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the USEPA Administrator.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.87. 
  
 



s 66262.88. Pre-approval for U.S. Recovery Facilities.
[Reserved.]

 



s 66262.89. OECD Waste Lists.
 (a) General. For the purposes of 40 CFR Part 262, Subpart H or this article, a waste is considered hazardous under U.S. national procedures, and hence subject to 40 CFR Part 262, Subpart H or this article, if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR section 261.3; and
(2) Is subject to either the Federal manifesting requirements of 40 CFR Part 262, subpart B, or to the universal waste management standards of 40 CFR Part 273.
(b) If a waste is hazardous under 40 CFR section 262.89(a) or subsection (a) of this section and it appears on the amber- or red-list, it is subject to amber- or red-list requirements respectively;
(c) If a waste is hazardous under 40 CFR 262.89(a) or subsection (a) of this section and it does not appear on either amber- or red-lists, it is subject to red-list requirements.
(d) The appropriate control procedures for hazardous wastes and hazardous waste mixtures are addressed in 40 CFR section 262.82 or section 66262.82.
(e) The OECD Green-List of Wastes (revised May 1994), Amber- List of Wastes, and Red-List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery Operations) are incorporated by reference. These incorporations by reference in federal regulations were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51, on July 11, 1996. These materials are incorporated as they exist on the date of the approval and a notice of any change in these materials will be published in the Federal Register. The materials are available for inspection at: the Office of the Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC; Environmental Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington, VA 22203 (Docket #F-94-IEHF-FFFFF) and may be obtained from the Organization for Economic Co-operation and Development, Environment Directorate, 2 rue Andre Pascal, 75775 Paris Cedex 16, France.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 262.89. 
  
 



Appendix
Uniform Hazardous Waste Manifest, Continuation Sheet and Instructions
 
(EPA Forms 8700-22 and 8700-22A and Their Instructions)
 
U.S. EPA Form 8700-22
 
Read all instructions before completing this form.
1. This form has been designed for use on a 12-pitch (elite) typewriter which is also compatible with standard computer printers; a firm point pen may also be used - press down hard.
2. Federal regulations require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage, and disposal facilities to complete this form (FORM 8700-22) and, if necessary, the continuation sheet (FORM 8700-22A) for both inter- and intrastate transportation of hazardous waste.
MANIFEST 8700-22
 
The following statement must be included with each Uniform Hazardous Waste Manifest, either on the form, in the instructions to the form, or accompanying the form:
Public reporting burden for this collection of information is estimated to average: 30 minutes for generators, 10 minutes for transporters, and 25 minutes for owners or operators of treatment, storage, and disposal facilities. This includes time for reviewing instructions, gathering data, completing, reviewing and transmitting the form. Any correspondence regarding the PDA burden statement for the manifest must be sent to the Director of the Collection Strategies Division in EPA's Office of Information Collection at the following address: U.S. Environmental Protection Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, D.C. 20460.
I. INSTRUCTIONS FOR GENERATORS
 
Item 1. Generator's U.S. EPA Identification Number
 
Enter the generator's U.S. EPA twelve digit identification number, or the State generator identification number if the generator site does not have an EPA identification number.
Item 2. Page 1 of _____
 
Enter the total number of pages used to complete this Manifest (i.e., the first page (EPA Form 8700-22) plus the number of Continuation Sheets (EPA Form 8700- 22A), if any).
Item 3. Emergency Response Phone Number
 
Enter a phone number for which emergency response information can be obtained in the event of an incident during transportation. The emergency response phone number must:
1. Be the number of the generator or the number of an agency or organization who is capable of and accepts responsibility for providing detailed information about the shipment;
2. Reach a phone that is monitored 24 hours a day at all times the waste is in transportation (including transportation related storage); and
3. Reach someone who is either knowledgeable of the hazardous waste being shipped and has comprehensive emergency response and spill cleanup/incident mitigation information for the material being shipped or has immediate access to a person who has that knowledge and information about the shipment.
Note:Emergency Response phone number information should only be entered in Item 3 when there is one phone number that applies to all the waste materials described in Item 9b. If a situation (e.g., consolidated shipments) arises where more than one Emergency Response phone number applies to the various wastes listed on the manifest, the phone numbers associated with each specific material should be entered after its description in Item 9b.
Item 4. Manifest Tracking Number
 
This unique tracking number must be pre-printed on the manifest by the forms printer.
Item 5. Generator's Mailing Address, Phone Number and Site Address
 
Enter the name of the generator, the mailing address to which the completed manifest signed by the designated facility should be mailed, and the generator's telephone number. Note, the telephone number (including area code) should be the normal business number for the generator, or the number where the generator or his authorized agent may be reached to provide instructions in the event the designated and/or alternate (if any) facility rejects some or all of the shipment. Also enter the physical site address from which the shipment originates only if this address is different than the mailing address.
Item 6. Transporter 1 Company Name, and U.S. EPA ID Number
 
Enter the company name and U.S. EPA ID number of the first transporter who will transport the waste. Vehicle or driver information may not be entered here.
Item 7. Transporter 2 Company Name and U.S. EPA ID Number
 
If applicable, enter the company name and U.S. EPA ID number of the second transporter who will transport the waste. Vehicle or driver information may not be entered here. If more than two transporters are needed, use a Continuation Sheet(s) (EPA Form 8700-22A).
Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number
 
Enter the company name and site address of the facility designated to receive the waste listed on this manifest. Also enter the facility's phone number and the U.S. EPA twelve digit identification number of the facility.
Item 9. U.S. DOT Description (Including Proper Shipping Name, Hazard Class or
Division, Identification Number, and Packing Group)
 
Item 9a.If the wastes identified in Item 9b consist of both hazardous and nonhazardous materials, then identify the hazardous materials by entering an "X" in this Item next to the corresponding hazardous material identified in Item 9b.
If applicable, enter the name of the person accepting the waste on behalf of the second transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt.
Note:Transporters carrying imports, who are acting as importers, may have responsibilities to enter information in the International Shipments Block. Transporters carrying exports may also have responsibilities to enter information in the International Shipments Block. See above instructions for Item 16.
Item 9b.Enter the U.S. DOT Proper Shipping Name, Hazard Class or Division, Identification Number (UN/NA) and Packing Group for each waste as identified in 49 CFR 172. Include technical name(s) and reportable quantity references, if applicable.
Note:If additional space is needed for waste descriptions, enter these additional descriptions in Item 27 on the Continuation Sheet (EPA Form 8700- 22A). Also, if more than one Emergency Response phone number applies to the various wastes described in either Item 9b or Item 27, enter applicable Emergency Response phone numbers immediately following the shipping descriptions for those Items.
Item 10. Containers (Number and Type)
 
Enter the number of containers for each waste and the appropriate abbreviation from Table I (below) for the type of container.
TABLE I. TYPES OF CONTAINERS BA = Burlap, cloth, paper, or plastic bags CF =
Fiber or plastic boxes, cartons, cases CM = Metal boxes, cartons, cases 
(including roll-offs) CW = Wooden boxes, cartons, cases CY = Cylinders DF =
Fiberboard or plastic drums, barrels, kegs DM = Metal drums, barrels, kegs DT =
Dump truck DW = Wooden drums, barrels, kegs HG = Hopper or gondola cars TC =
Tank cars TP = Portable tanks TT = Cargo tanks (tank trucks)
 
Item 11. Total Quantity
 
Enter, in designated boxes, the total quantity of waste. Round partial units to the nearest whole unit, and do notenter decimals or fractions. To the extent practical, report quantities using appropriate units of measure that will allow you to report quantities with precision. Waste quantities entered should be based on actual measurements or reasonably accurate estimates of actual quantities shipped. Container capacities are generally not acceptable as estimates.
Item 12. Units of Measure (Weight/Volume)
 
Enter, in designated boxes, the appropriate abbreviation from Table II (below) for the unit of measure.
TABLE II. UNITS OF MEASURE G = Gallons (liquids only) K = Kilograms L = Liters 
(liquids only) M = Metric Tons (1000 kilograms) N = Cubic Meters P = Pounds T =
Tons (2000 pounds) Y = Cubic Yards
 
Note:Tons, Metric Tons, Cubic Meters, and Cubic Yards should only be reported in connection with very large bulk shipments, such as rail cars, tank trucks, or barges.
Item 13. Waste Codes
 
Enter up to six federal and state waste codes to describe each waste stream identified in Item 9b. State waste codes that are not redundant with federal codes must be entered here, in addition to the federal waste codes which are most representative of the properties of the waste.
Item 14. Special Handling Instructions and Additional Information.
 
1. Generators may enter any special handling or shipment-specific information necessary for the proper management or tracking of the materials under the generator's or other handler's business processes, such as waste profile numbers, container codes, bar codes, or response guide numbers. Generators also may use this space to enter additional descriptive information about their shipped materials, such as chemical names, constituent percentages, physical state, or specific gravity of wastes identified with volume units in Item 12.
2. This space may be used to record limited types of federally required information for which there is no specific space provided on the manifest, including any alternate facility designations; the manifest tracking number of the original manifest for rejected wastes and residues that are re-shipped under a second manifest; and the specification of PCB waste descriptions and PCB out-of-service dates required under 40 CFR 761.207. Generators, however, cannot be required to enter information in this space to meet state regulatory requirements.
Item 15. Generator's/Offeror's Certifications
 
1. The generator must read, sign, and date the waste minimization certification statement. In signing the waste minimization certification statement, those generators who have not been exempted by statute or regulation from the duty to make a waste minimization certification under section 3002(b) of RCRA are also certifying that they have complied with the waste minimization requirements. The Generator's Certification also contains the required attestation that the shipment has been properly prepared and is in proper condition for transportation (the shipper's certification). The content of the shipper's certification statement is as follows: "I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked, and labeled/placarded, and are in all respects in proper condition for transport by highway according to applicable international and national governmental regulations. If export shipment and I am the Primary Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgment of Consent." When a party other than the generator prepares the shipment for transportation, this party may also sign the shipper's certification statement as the offeror of the shipment.
2. Generator or Offeror personnel may preprint the words, "On behalf of" in the signature block or may hand write this statement in the signature block prior to signing the generator/offeror certification, to indicate that the individual signs as the employee or agent of the named principal.
Note:All of the above information except the handwritten signature required in Item 15 may be pre-printed.
II. INSTRUCTIONS FOR INTERNATIONAL SHIPMENT BLOCK
 
Item 16. International Shipments
 
For export shipments, the primary exporter must check the export box, and enter the point of exit (city and state) from the United States. For import shipments, the importer must check the import box and enter the point of entry (city and state) into the United States. For exports, the transporter must sign and date the manifest to indicate the day the shipment left the United States. Transporters of hazardous waste shipments must deliver a copy of the manifest to the U.S. EPA when importing or exporting the waste across U.S. borders.
III. INSTRUCTIONS FOR TRANSPORTERS
 
Item 17. Transporters' Acknowledgments of Receipt
 
Enter the name of the person accepting the waste on behalf of the first transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt. Only one signature per transportation company is required.
Signatures are not required to track the movement of wastes in and out of transfer facilities, unless there is a change of custody between transporters.
If applicable, enter the name of the person accepting the waste on behalf of the second transporter. That person must acknowledge acceptance of the waste described on the manifest by signing and entering the date of receipt.
Note:Transporters carrying imports or exports of hazardous waste may also have responsibilities to enter information in the International Shipments Block. See above instructions for Item 16.
IV. INSTRUCTIONS FOR OWNERS AND OPERATORS OF TREATMENT, STORAGE, AND DISPOSAL
FACILITIES
 
Item 18 Discrepancy
 
Item 18a. Discrepancy Indication Space
 
1. The authorized representative of the designated (or alternate) facility's owner or operator must note in this space any discrepancies between the waste described on the Manifest and the waste actually received at the facility. Manifest discrepancies are: significant differences (as defined by ss 264.72(b) and 265.72(b)) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity and type of hazardous waste a facility actually receives, rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept, or container residues, which are residues that exceed the quantity limits for "empty" containers set forth in 40 CFR 261.7(b).
2. For rejected loads and residues (40 CFR 264.72(d), (e), and (f), or 40 CFR 265.72(d), (e), or (f)), check the appropriate box if the shipment is a rejected load (i.e., rejected by the designated and/or alternate facility and is sent to an alternate facility or returned to the generator) or a regulated residue that cannot be removed from a container. Enter the reason for the rejection or the inability to remove the residue and a description of the waste. Also, reference the manifest tracking number for any additional manifests being used to track the rejected waste or residue shipment on the original manifest. Indicate the original manifest tracking number in Item 14, the Special Handling Block and Additional Information Block of the additional manifests.
3. Owners or operators of facilities located in unauthorized States (i.e., states in which the U.S. EPA administers the hazardous waste management program) who cannot resolve significant differences in quantity or type within 15 days of receiving the waste must submit to their Regional Administrator a letter with a copy of the Manifest at issue describing the discrepancy and attempts to reconcile it (40 CFR 264.72(c) and 265.72(c)).
4. Owners or operators of facilities located in authorized States (i.e., those States that have received authorization from the U.S. EPA to administer the hazardous waste management program) should contact their State agency for information on where to report discrepancies involving "significant differences" to state officials.
Item 18b. Alternate Facility (or Generator) for Receipt of Full Load Rejections
 
Enter the name, address, phone number, and EPA Identification Number of the Alternate Facility which the rejecting TSDF has designated, after consulting with the generator, to receive a fully rejected waste shipment. In the event that a fully rejected shipment is being returned to the generator, the rejecting TSDF may enter the generator's site information in this space. This field is not to be used to forward partially rejected loads or residue waste shipments.
Item 18c. Alternate Facility (or Generator) Signature.
 
The authorized representative of the alternate facility (or the generator in the event of a returned shipment) must sign and date this field of the form to acknowledge receipt of the fully rejected wastes or residues identified by the initial TSDF.
Item 19. Hazardous Waste Report Management Method Codes
 
Enter the most appropriate Hazardous Waste Report Management Method code for each waste listed in Item 9. The Hazardous Waste Report Management Method code is to be entered by the first treatment, storage, or disposal facility (TSDF) that receives the waste and is the code that best describes the way in which the waste is to be managed when received by the TSDF.
Item 20. Designated Facility Owner or Operator Certification of Receipt (Except
As Noted in Item 18a)
 
Enter the name of the person receiving the waste on behalf of the owner or operator of the facility. That person must acknowledge receipt or rejection of the waste described on the Manifest by signing and entering the date of receipt or rejection where indicated. Since the Facility Certification acknowledges receipt of the waste except as noted in the Discrepancy Space in Item 18a, the certification should be signed for both waste receipt and waste rejection, with the rejection being noted and described in the space provided in Item 18a. Fully rejected wastes may be forwarded or returned using Item 18b after consultation with the generator. Enter the name of the person accepting the waste on behalf of the owner or operator of the alternate facility or the original generator. That person must acknowledge receipt or rejection of the waste described on the Manifest by signing and entering the date they received or rejected the waste in Item 18c. Partially rejected wastes and residues must be re-shipped under a new manifest, to be initiated and signed by the rejecting TSDF as offeror of the shipment.
Illustration # 115: Refer to EPA Form # 8700-22,  Uniform Hazardous Waste
Manifest
 

Manifest Continuation Sheet Instructions -Continuation Sheet, U.S. EPA Form
8700-22A
 
Read all instructions before completing this form. This form has been designed for use on a 12-pitch (elite) typewriter; a firm point pen may also be used - press down hard.
This form must be used as a continuation sheet to U.S. EPA Form 8700-22 if:
SMore than two transporters are to be used to transport the waste; or
SMore space is required for the U.S. DOT descriptions and related information in Item 9 of U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous waste and owners or operators of hazardous waste treatment, storage, or disposal facilities to use the uniform hazardous waste manifest (EPA Form 8700-22) and, if necessary, this continuation sheet (EPA Form 8700-22A) for both interstate and intrastate transportation.
Item 21. Generator's ID Number
 
Enter the generator's U.S. EPA twelve digit identification number or, the State generator identification number if the generator site does not have an EPA identification number.
Item 22. Page  -
 
Enter the page number of this Continuation Sheet.
Item 23. Manifest Tracking Number
 
Enter the Manifest Tracking number from Item 4 of the Manifest form to which this continuation sheet is attached.
Item 24. Generator's Name -
 
Enter the generator's name as it appears in Item 5 on the first page of the Manifest.
Item 25. Transporter -Company Name
 
If additional transporters are used to transport the waste described on this Manifest, enter the company name of each additional transporter in the order in which they will transport the waste. Enter after the word "Transporter" the order of the transporter. For example, Transporter 3 Company Name. Also enter the U.S. EPA twelve digit identification number of the transporter described in Item 25.
Item 26. Transporter -Company Name
 
If additional transporters are used to transport the waste described on this Manifest, enter the company name of each additional transporter in the order in which they will transport the waste. Enter after the word "Transporter" the order of the transporter. For example, Transporter 4 Company Name. Each Continuation Sheet can record the names of two additional transporters. Also enter the U.S. EPA twelve digit identification number of the transporter named in Item 26.
Item 27. U.S. D.O.T. Description Including Proper Shipping Name, Hazardous
Class, and ID Number (UN/NA)
 
For each row enter a sequential number under Item 27b that corresponds to the order of waste codes from one continuation sheet to the next, to reflect the total number of wastes being shipped. Refer to instructions for Item 9 of the manifest for the information to be entered.
Item 28. Containers (No. And Type)
 
Refer to the instructions for Item 10 of the manifest for information to be entered.
Item 29. Total Quantity
 
Refer to the instructions for Item 11 of the manifest form.
Item 30. Units of Measure (Weight/Volume)
 
Refer to the instructions for Item 12 of the manifest form.
Item 31. Waste Codes
 
Refer to the instructions for Item 13 of the manifest form.
Item 32. Special Handling Instructions and Additional Information
 
Refer to the instructions for Item 14 of the manifest form.
TRANSPORTERS
 
Item 33. Transporter -Acknowledgment of Receipt of Materials
 
Enter the same number of the Transporter as identified in Item 25. Enter also the name of the person accepting the waste on behalf of the Transporter (Company Name) identified in Item 25. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.
Item 34. Transporter -Acknowledgment of Receipt of Materials
 
Enter the same number of the Transporter as identified in Item 26. Enter also the name of the person accepting the waste on behalf of the Transporter (Company Name) identified in Item 26. That person must acknowledge acceptance of the waste described on the Manifest by signing and entering the date of receipt.
OWNER AND OPERATORS OF TREATMENT, STORAGE, OR DISPOSAL FACILITIES
 
Item 35. Discrepancy Indication Space
 
Refer to Item 18. This space may be used to more fully describe information on discrepancies identified in Item 18a of the manifest form.
Item 36. Hazardous Waste Report Management Method Codes
 
For each field here, enter the sequential number that corresponds to the waste materials described under Item 27, and enter the appropriate process code that describes how the materials will be processed when received. If additional continuation sheets are attached, continue numbering the waste materials and process code fields sequentially, and enter on each sheet the process codes corresponding to the waste materials identified on that sheet.
Illustration # 116: EPA Form Number 8700-22A Manifest Continuation Form
 

 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. References: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 Code of Federal Regulations 262 Appendix; and Hazardous Waste Report, Instructions and Forms (EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66263.10. Applicability.
 (a) These regulations establish standards which apply to persons transporting hazardous waste within, into, out of or through the State if the transportation requires a manifest under section 25160 of the Health and Safety Code.
(b) These regulations do not apply to on-site transportation of hazardous waste by generators or by owners or operators of permitted hazardous waste management facilities.
(c) A transporter of hazardous waste shall also comply with standards applicable to generators of hazardous waste under chapter 12 of this division if the transporter:
(1) transports hazardous waste to a designated facility within the State from outside the United States; or
(2) mixes hazardous wastes of different Federal Department of Transportation  (DOT) shipping descriptions by placing them into a single container.
(d) A transporter of hazardous waste subject to the Federal manifesting requirements of 40 CFR Part 262, or subject to the universal waste management standards of 40 CFR Part 273, that is being imported from or exported to any of the countries listed in 40 CFR section 262.58(a)(1) or section 66262.58(a)(1) for purposes of recovery is subject to 40 CFR Part 262, Subpart H or this article and to all other relevant requirements of 40 CFR Part 262, Subpart H or this article, including, but not limited to, 40 CFR section 262.84 or section 66262.84 for tracking documents.
 
  Note: Authority cited: Sections 208, 25150, 25159, 25159.5 and  25160, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code, 40 CFR Section 263.10. 
  
 



s 66263.11. Application for Registration As a Hazardous Waste Transporter.
 (a) A person desiring registration as a hazardous waste transporter shall apply to the Department by submitting each of the following:
(1) a completed and signed Hazardous Waste Hauler Application form (Form DTSC 187, Rev. 2/92), provided by the Department, which contains a statement certifying that the applicant understands and will comply with the applicable requirements of this chapter;
(2) proof of ability to provide adequate response in damages resulting from the operation of the person's business. For the purpose of this section, adequate response means protection against liability for the payment of damages equivalent to protection required by section 34630, et seq., of the California Vehicle Code. Both of the following are required:
(A) a copy of the insurance policy, if insured, for the required coverage shall be maintained at the transporter's principal place of business within California; and
(B) a Certificate of Insurance, a bond of a California licensed surety company, or evidence of qualification as a self-insurer, shall be provided to the Department which indicates that the minimum coverage has been obtained;
(b) If previously registered, the applicant shall submit an application to the Department at least 45 days prior to the expiration date of the current registration.
(c) The Department shall review applications under section 66263.11 for completeness and shall inform the applicant in writing either that the application is complete and accepted for filing, or that the application is deficient and what specific information, documentation or fees, if any, shall be required to complete the application. The Department shall inform the applicant within fourteen calendar days of receipt of an application for hazardous waste transporter registration. Registration shall be denied unless a complete application is submitted.
(d) The Department shall notify the applicant, in writing, of the Department's decision regarding the completeness of an application. The notification shall be within fourteen calendar days after the date on which the Department determines the application to be complete and accepted for filing pursuant to subsection (c) of this section for hazardous waste transporter registration applications.
 
  Note: Authority cited: Sections 208, 25150, 25168.1, 25186 and  58012, Health and Safety Code; Section 15376, Government Code. Reference: Section 15376, Government Code; Sections 25112.5, 25115.5, 25159, 25163, 25165, 25165.1, 25166, 25166.5, 25167, 25168, 25169 and 58012, Health and Safety Code; Section 2560, Vehicle Code; and 49 CFR section 396.17 
  

 



s 66263.12. Term of Registration.
Registration as a Hazardous Waste Transporter shall expire one year from the date of issuance.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25163, 25165, 25166 and 25167, Health and Safety Code. 
  

 



s 66263.13. Inspection of Transporter.
 (a) Any person who transports or proposes to transport hazardous waste on a highway shall do all of the following in order to ensure compliance with this chapter:
(1) allow the Department of California Highway Patrol to randomly inspect the person's trucks, trailers, semitrailers, vacuum tanks, cargo tanks and containers;
(2) make vehicles and containers available for inspection at a safe work location when a random inspection is conducted onsite by the Department of California Highway Patrol;
(3) allow the Department to inspect manifests, reports, permits, licenses, billing records and other documents related to the handling or transporting of hazardous wastes;
(4) make available to the Department and the Department of California Highway Patrol, when requested, all records of inspection required by section 1163(e), Title 13, California Code of Regulations.
(b) Hazardous waste transporters, their trucks, trailers, semitrailers, vacuum tanks, cargo tanks and containers shall at all times comply with the Vehicle Code; with regulations adopted by the Department of California Highway Patrol, Subchapter 2, commencing with section 620, Subchapter 4, commencing with section 930, Subchapter 6, commencing with section 1150, and Subchapter 6.5, commencing with section 1200, chapter 2, Title 13, California Code of Regulations; and with this chapter. Notwithstanding the provisions of section 1200, chapter 2, Title 13, California Code of Regulations, all vehicles used for transporting hazardous waste on a highway shall be subject to the provisions of Subchapter 6.5, commencing with section 1200, chapter 2, Title 13, California Code of Regulations.
(c) The Department of California Highway Patrol or the Department may require testing, under prescribed conditions, of trucks, trailers, semitrailers, vacuum tanks, cargo tanks or containers used to transport hazardous wastes, in order to ensure compliance with this chapter.
(d) When so requested by the Department of California Highway Patrol or the Department, a hazardous waste transporter shall, within a reasonable period of time, perform any or all of the following actions:
(1) remove hazardous wastes or materials from the tank's containers, pipes, hoses or other appurtenances of a truck, trailer, semitrailer, vacuum tank, cargo tank or container in order to make it safe to inspect;
(2) remove covers and take other steps necessary to allow inspection;
(3) present the manifest for the waste last held in each truck, trailer, semitrailer, vacuum tank, cargo tank or container to be inspected.
(e) All vehicles and containers and any attached equipment used for the transportation of hazardous waste must be in sound condition and containers must be designed or maintained to contain hazardous waste.
 
  Note: Authority cited: Sections 208, 25150, 25168.1 and 58012, Health and Safety Code. Reference: Sections 25159, 25168, 25169.1, 25185, 25186 and 58012, Health and Safety Code; and Sections 34001 to 34102, Vehicle Code. 
  
 



s 66263.14. [Reserved].
 
  Note: Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25168, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66263.15. Transporter Registration Reporting Requirements.
 (a) A registered hazardous waste transporter shall notify the Department in writing within 30 days of the following occurrences:
(1) the transporter changes majority ownership, name or location;
(2) ownership or control of a vehicle or container certified by the Department is changed;
(3) a truck, trailer, semitrailer, vacuum tank, cargo tank, or container certified by the Department is involved in any spill, or in an accident which renders or may have rendered the vehicle or container in noncompliance with the requirements of this chapter.
(b) A registered hazardous waste transporter shall notify the Department in writing immediately upon notice of loss of the liability coverage specified in section 66263.11. A transporter shall cease to transport hazardous waste upon loss of liability coverage.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25163, 25169 and 25186, Health and Safety Code. 
  
 



s 66263.16. Hazardous Waste Containers.
 (a) Each truck, trailer, semitrailer, vacuum tank, cargo tank or container used for shipping hazardous waste shall be so designed and constructed, and its contents so limited, that under conditions normally incident to transportation, there shall be no release of hazardous waste to the environment.
(b) Any truck, trailer, semitrailer, vacuum tank, cargo tank or container used for shipping hazardous waste shall be free from leaks and all discharge openings shall be securely closed during transportation.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163 and 25168.1, Health and Safety Code. 
  
 



s 66263.17. Identification Number for Transporters.
 (a) A transporter shall not transport hazardous wastes without first receiving an Identification Number and a registration certificate from the Department.
(b) A transporter who has not received an Identification Number may obtain one by applying to the USEPA Administrator or to the Department using EPA Form 8700-12 (Rev. 11/85). Upon receiving the request, the Department or the USEPA Administrator will assign an Identification Number to the transporter.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5,  25165 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25165, Health and Safety Code, 40 CFR Section 263.11. 
  
 



s 66263.18. Exempt Transfer Facility.
 (a) A transfer facility, as defined in section 25123.3(a)(3) of the Health and Safety Code, is not subject to the requirements of chapters 14, 15, 18 and 20 regarding a permit for waste storage when, during the normal course of transportation, hazardous waste is held as specified in subsection (b), and:
(1) manifested shipments of packaged or containerized hazardous wastes meeting the packaging requirements of section 66262.30 are only transferred from one vehicle to another; and
(2) the packages or containers used in this transfer shall be the same packages or containers used for transporting the hazardous wastes and no additional handling shall take place.
(b) Hazardous waste is held at a transfer facility and any one of the following apply:
(1) if located in an area zoned by the local planning authority for industrial or agricultural land use, and hazardous wastes is held for 10 days or less, unless subject to subsection (b)(2).
(2) if located in an area zoned agricultural by the local planning authority that commenced initial operations before January 1, 2005 and is located within 500 feet of a structure identified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (b) of Section 25232 of the Health and Safety Code, and hazardous waste is held for six days or less.
(3) if located on land zoned by the local planning authority for other land use, unless subject to paragraph (1) and (2) of subsection (b) or not prohibited by subsection (c), and hazardous waste is held for six days or less.
(c) The transfer facility exemption of this section does not apply and is prohibited as follows:
(1) on property zoned residential by the local planning authority; or
(2) at a transfer facility that commenced initial operations on and after January 1, 2005 and is located within 500 feet of a structure identified in subparagraphs (A) to (E), inclusive, of paragraph (1) of subdivision (b) of section 25232 of the Health and Safety Code.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25168.1, Health and Safety Code. Reference: Sections 25123.3, 25159, 25159.5 and 25232, Health and Safety Code; and 40 Code of Federal Regulations Section 263.12. 
  
 



s 66263.20. Manifest Procedures for the Transporter.
 (a) A transporter shall not accept hazardous waste from a generator unless it is accompanied by a manifest completed and signed in accordance with the provisions of article 2, chapter 12 of this division. In the case of RCRA hazardous waste exports other than those subject to Subpart H of 40 Code of Federal Regulations Part 262 or this article, a transporter shall not accept such waste from a primary exporter or other person (1) if the transporter knows the shipment does not conform to the U.S. EPA Acknowledgment of Consent; and (2) unless, in addition to a manifest signed in accordance with the provisions of article 2, chapter 12 of this division, such waste is also accompanied by an U.S. EPA Acknowledgment of Consent which, except for shipment by rail, is attached to the manifest (or shipping paper for exports by water (bulk shipment)). For exports of hazardous waste subject to the requirements of Subpart H of 40 Code of Federal Regulations Part 262, or this article, a transporter shall not accept hazardous waste without a tracking document that includes all information required by 40 Code of Federal Regulations section 262.84 or section 66262.84 of this division.
(b) Before transporting the hazardous waste, the transporter shall complete, sign and date the Transporter of Waste section of the manifest acknowledging acceptance of the hazardous waste from the generator. The transporter shall return a signed copy to the generator prior to removal of the waste from the generator's facility.
(c) The transporter shall ensure that the manifest accompanies the hazardous waste. In the case of RCRA hazardous waste exports, the transporter shall ensure that a copy of the U.S. EPA Acknowledgment of Consent also accompanies the hazardous waste.
(d) The transporter shall have a manifest in the transporter's possession while transporting the hazardous waste and shall release the manifest to another transporter or to the owner or operator of the designated hazardous waste facility accepting the waste.
(e) A transporter transporting hazardous wastes into or out of the State shall have in their possession a manifest with the Generator of Waste and Transporter of Waste sections completed.
(f) The transporter shall submit to the Department a legible copy of the manifest completed by the generator, transporter and hazardous waste facility owner or operator for each load of hazardous waste transported out of the State, within 15 days of the date that the load is accepted by the designated facility on the manifest. The manifest shall state the name and complete address of the hazardous waste facility to which the waste is transported. The transporter shall submit this copy to the Department at:
DTSC Facility Manifests (Transporter Copy)
 
P.O. Box 3000
 
Sacramento, CA 95812-3000
 
(g) A transporter who delivers a hazardous waste to another transporter or to the designated facility shall:
(1) obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and
(2) retain one copy of the manifest in accordance with section 66263.22; and
(3) give the remaining copies of the manifest to the accepting transporter or designated facility.
(h) The requirements of subsections (c), (g) and (i) of this section do not apply to water (bulk shipment) transporters if:
(1) the hazardous waste is delivered by water (bulk shipment) to the designated facility; and
(2) a shipping paper containing all the information required on the manifest  (excluding the Identification Numbers, generator certification, and signatures) and, for RCRA hazardous waste exports, an U.S. EPA Acknowledgment of Consent accompanies the hazardous waste; and
(3) the delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and
(4) the person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and
(5) a copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with section 66263.22.
(i) For shipments involving rail transportation, the requirements of subsections (c), (e), (g) and (h) do not apply and the following requirements do apply:
(1) when accepting hazardous waste from a non-rail transporter, the initial rail transporter shall:
(A) sign and date the manifest acknowledging acceptance of the hazardous waste;
(B) return a signed copy of the manifest to the non-rail transporter;
(C) forward at least three copies of the manifest to:
1. the next non-rail transporter, if any; or,
2. the designated facility, if the shipment is delivered to that facility by rail; or
3. the last rail transporter designated to handle the waste in the United States;
(D) retain one copy of the manifest and rail shipping paper in accordance with section 66263.22.
(2) Rail transporters shall ensure that a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator certification, and signatures) and, for exports of RCRA hazardous waste an U.S. EPA Acknowledgment of Consent accompanies the hazardous waste at all times. Intermediate rail transporters are not required to sign either the manifest or shipping paper.
(3) When delivering hazardous waste to the designated facility, a rail transporter shall:
(A) obtain the date of delivery and handwritten signature of the owner or operator of the designated facility on the manifest or the shipping paper (if the manifest has not been received by the facility); and
(B) retain a copy of the manifest or signed shipping paper in accordance with section 66263.22.
(4) When delivering hazardous waste to a non-rail transporter a rail transporter shall:
(A) obtain the date of delivery and the handwritten signature of the next non-rail transporter on the manifest; and
(B) retain a copy of the manifest in accordance with section 66263.22.
(5) Before accepting hazardous waste from a rail transporter, a non-rail transporter shall sign and date the manifest and provide a copy to the rail transporter.
(j) Transporters who transport hazardous waste out of the United States shall:
(1) for shipments initiated before September 5, 2006, indicate on the manifest the date the hazardous waste left the United States from the State.
For shipments initiated on and after September 5, 2006, sign and date the manifest in the International Shipments block (Item 16) to indicate the date that the shipment left the United States; and
(2) for shipments initiated before September 5, 2006, sign the manifest and retain one copy in accordance with section 66263.22(c).
For shipments initiated on and after September 5, 2006, retain one copy in accordance with section 66263.22, subsection (d); and
(3) return a signed copy of the manifest to the generator; and
(4) for RCRA-regulated hazardous waste, give a copy of the manifest to a U.S. Customs official at the point of departure from the United States.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160,  25161 and 25162, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25160 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 263.20. 
  
 



s 66263.21. Transporter Compliance with the Manifest.
 (a) The transporter shall deliver the entire quantity of hazardous waste which that transporter has accepted from a generator or a transporter to:
(1) the designated facility listed on the manifest; or
(2) the alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or
(3) the next designated transporter; or
(4) the place outside the United States designated by the generator.
(b) For shipments initiated before September 5, 2006, if the hazardous waste cannot be delivered in accordance with paragraph (a) of this section, the transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions.
(1) For shipments initiated on and after September 5, 2006, if the hazardous waste cannot be delivered in accordance with paragraph (a) of this section because of an emergency condition other than rejection of the waste by the designated facility, then the transporter shall contact the generator for further directions and shall revise the manifest according to the generator's instructions.
(2) If hazardous waste is rejected by the designated facility while the transporter is on the facility's premises, then the transporter shall obtain the following:
(A) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature, and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter shall retain a copy of this manifest in accordance with 66263.22, and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter shall obtain a new manifest from the facility to accompany the shipment, and the new manifest shall include all of the information required in sections 66264.72 subsections (e)(1)-(6) or (f)(1)-(6) or 66265.72 subsections (e)(1)-(6) or (f)(1)-(6).
(B) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment shall be delivered. The transporter shall retain a copy of the manifest in accordance with section 66263.22, and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter shall obtain a new manifest from the facility for the shipment and comply with sections 66264.72 subsections (e)(1)-(6) or 66265.72 subsections (e)(1)-(6).
(c) Whenever hazardous waste is received by a facility from a transporter in a vehicle or bulk container that will be removed from the facility after emptying, the transporter shall determine by inspection whether the vehicle or bulk container is empty pursuant to section 66261.7 prior to the removal of the container from the facility.
(d) If the vehicle or bulk container cannot be rendered empty pursuant to section 66261.7 by equipment and methods available at the facility, the transporter shall contact the generator pursuant to subsection (b), prior to removing the vehicle or bulk container from the facility. If the vehicle or bulk container is not empty, the transporter shall not move the vehicle or bulk container without a new manifest prepared pursuant to sections 66264.72 or 66265.72 or, if the facility is out of state, 40 Code of Federal Regulations sections 264.72 or 265.72.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160 and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 263.21. 
  
 



s 66263.22. Recordkeeping Requirements for the Transporter.
 (a) A transporter of hazardous waste shall sign and keep a copy of the manifest signed by the generator and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial transporter.
(b) For shipments delivered to the designated facility by water (bulk shipment), each water (bulk shipment) transporter must retain a copy of the shipping paper containing all the information required in section 66263.20(g)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter.
(c) For shipments of hazardous waste by rail within, into, out of or through the State:
(1) the initial rail transporter within the State shall keep a copy of the manifest and shipping paper with all the information required in section 66263.20(h)(2) for a period of three years from the date the hazardous waste was accepted by the initial transporter; and
(2) the final rail transporter within the State shall keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous waste was accepted by the initial transporter. Intermediate rail transporters are not required to keep records pursuant to these regulations.
(d) A transporter who transports hazardous waste out of the United States from the State of California shall keep a copy of the manifest indicating that the hazardous waste left the United States for a period of three years from the date the hazardous waste was accepted by the initial transporter.
(e) The periods of retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5,  25160 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25160, Health and Safety Code, 40 CFR Section 263.22. 
  
 



s 66263.23. Operation Requirements for the Transporter.
 (a) The transporter of a hazardous waste shall comply with requirements of this division and with applicable provisions of hazardous materials regulations adopted by the Department of California Highway Patrol, article 3, commencing with section 1160, subchapter 6, chapter 2, title 13, California Code of Regulations, pursuant to sections 34500 and 34501, Vehicle Code, governing containers, packing, labels, marking, vehicle placards, shipping papers, loading, shipping certificates and incident reporting.
(b) No transporter shall deliver hazardous waste to other than a hazardous waste facility which has an appropriate and valid Hazardous Waste Facility Permit or which is otherwise authorized by the Department to receive the waste.
(c) The transporter shall use a covered container to transport hazardous wastes that are subject to volatilization or dispersal by wind.
(d) Every vehicle used by a transporter to transport hazardous waste shall have the name or trademark of the firm on each side of the vehicle or container. The lettering shall be a color contrasting with the background so as to be readily legible during daylight from a distance of 50 feet.
 
  Note: Authority cited: Sections 208, 25150, 25168.1 and 58012, Health and Safety Code. Reference: Sections 25162, 25163, 25168, 25169.1, 25186 and 58012, Health and Safety Code. 
  
 



s 66263.24. Load Rejection and Consolidated Manifesting.
 (a) This section applies to registered transporters operating pursuant to  Health and Safety Code section 25160.2 and that are authorized by the department to operate as a consolidated transporter.
(b) When a consolidated shipment is rejected by an offsite hazardous waste facility, the consolidated transporter may hold that shipment on the transport vehicle at the transporter's facility for no more than 10 days from the date the shipment is rejected, consistent with paragraph (3) of subdivision (b) of section 25123.3 of the Health and Safety Code. The transporter may not commingle the consolidated shipment with any other waste.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25160 and  58012, Health and Safety Code. Reference: Sections 25123.3, 25160.2, 25160.6(e) and 25162, Health and Safety Code; and 40 Code of Federal Regulations Section 263.21. 
  
 



s 66263.30. Immediate Action by the Transporter in the Case of a Hazardous Waste Discharge.
 (a) In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area).
(b) If a discharge of hazardous waste occurs during transportation and a representative of the Department, any local health officer or any local public officer as designated by the Department, or any federal agency official, acting within the scope of that person's official responsibilities determines that immediate removal of the waste is necessary to protect human health or the environment, that official may authorize the removal of the waste by transporters who do not have Identification Numbers, are not registered, and without the preparation of a manifest.
(c) An air, rail, highway, or water transporter who has discharged hazardous waste shall:
(1) give notice, if required by Title 49 CFR section 171.15, (as amended October 1, 1987,) to the National Response Center (800-424-8802 or 202-426- 2675); and
(2) report in writing as required by Title 49 CFR section 171.16 (as amended April 1, 1984) to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590, and the Department as required by section 66263.15(a)(3).
(d) A water (bulk shipment) transporter who has discharged hazardous waste shall give the same notice as required by Title 33 CFR section 153.203 (as amended July 1, 1988) for oil and hazardous substances.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5,  25160 and 25161, Health and Safety Code. Reference: Sections 25159, 25159.5, and 25180, Health and Safety Code, 40 CFR Section 263.30. 
  
 



s 66263.31. Discharge Clean Up.
 A transporter shall clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or local officials so that the hazardous waste discharge no longer presents a hazard to human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25168.1, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25169, Health and Safety Code; 40 CFR Section 263.31. 
  
 



s 66263.32. Transporter Reporting Requirements for Missing Hazardous Waste of Concern.
 (a) The provisions of this section apply to the transporter of a hazardous waste of concern, as defined in section 66261.111(a).
(b) Upon discovering that a hazardous waste of concern is missing during transportation of that waste, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the transporter shall immediately attempt to reconcile the reportable quantity or difference with the generator (e.g., with telephone conversations). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the transporter shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and provide the following information:
(1) Generator name and identification number;
(2) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
(3) Destination facility name and identification number;
(4) Manifest number;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest Instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after the reportable quantity or difference was discovered, the transporter shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest.
(1) If the hazardous waste generator where the shipment originated is located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial, the transporter shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) If the hazardous waste generator where the shipment originated is located in any other county, or outside California, the transporter shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
(d) This section shall not be interpreted or applied to require that any written report required to be made pursuant to 49 Code of Federal Regulations section 171.16 (as revised October 1, 2002) also be made, copied, or delivered by the transporter to the Department.
 
  Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6, 25169.7 and 25169.8, Health and Safety Code. 
  
 



s 66263.40. Applicability.
 (a) This article establishes four special categories of variances for generators and transporters, and procedures for applying those variances. Each variance category corresponds to a type of hazardous waste transportation operation which, if conducted in accordance with the provisions of this article, poses an insignificant risk to human health or to the environment. These transportation operations, and the variance categories which apply to them, are defined in succeeding sections of this article as Emergency Response Incident (section 66263.43), PCB Waste (section 66263.44), Consolidation (section 66263.45) and Small Load (section 66263.46). Each specific variance category section has a specific applicability and set of requirements. The following general requirements shall apply to all sections, except where specifically exempted.
(b) RCRA hazardous waste shall not be transported under the provisions of this article, except as specifically provided.
(c) Except as provided in section 66263.44 for polychlorinated biphenyl (PCB) waste, extremely hazardous waste shall not be transported under the provisions of this article.
 
  Note: Authority cited: Sections 208, 25143, 25150, 25159,25161 and 25205.7, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.41. General Requirements.
 (a) A transporter shall not transport hazardous waste under the provisions of this article without being registered with the Department.
(b) A transporter who is granted a variance under the provisions of this article is exempt from the requirements of sections 25160, 25168 and 25169.1 of the Health and Safety Code regarding the use of the manifest, certification of vehicles and containers, and transporter insurance and from the requirements of this division adopted pursuant to those sections. In lieu of those requirements, the requirements of this article shall apply.
(c) The hazardous waste shall be transported in accordance with the regulations of the Department of California Highway Patrol (title 13, California Code of Regulations, article 3, commencing with section 1160, subchapter 6, chapter 2), the regulations of the U. S. Department of Transportation (DOT) (Code of Federal Regulations, Title 49, Parts 172, commencing with section 172.1, and 173, commencing with section 173.1), and the regulations of the EPA (Code of Federal Regulations, Title 40, Part 263, commencing with section 263.10). This paragraph shall not be construed to exempt the transporter from any other regulation unless expressly stated.
(d) A transporter who intends to operate under a variance category defined by this article shall apply to the Department by submitting a Transporter Regulatory Exemption Application/Variance form (Form DHS 8463, Rev. 1/91), provided by the Department, before initiating the operation and at each renewal of their Hazardous Waste Transporter Registration. The application shall be signed by the transporter and shall include the following information:
(1) name, mailing address, telephone number, EPA or State ID number and the Hazardous Waste Transporter Registration Number;
(2) the type or types and the physical characteristics and chemical composition of hazardous wastes to be transported under each variance;
(3) the specific section of this article corresponding to the variance category that best describes the transporter's intended operation(s) during the subsequent year;
(4) the estimated quantities of hazardous wastes listed pursuant to subparagraph (2) of this subsection.
(e) The Department shall review the application/variance form for completeness and for applicability of the provisions of this article to the intended transportation operation. A variance granted pursuant to this article shall be effective upon completion of the application/variance form by the Department and issuance to the transporter, in accordance with Health and Safety Code section 25143 and section 66260.210 of this division.
(f) Any transporter applying for and receiving a variance under this article shall be exempt from the variance fee prescribed in subdivision (g) of the Health and Safety Code, section 25205.7, provided such exemption is specifically requested in the application and specifically authorized by the Department.
(g) The transporter shall send a copy of the variance to the generator prior to operating under the variance to evidence authority for such operation.
(h) An accident report regarding any hazardous waste transported pursuant to this article shall be submitted to the Department by the transporter within 10 days of an incident which results in a spill or release to the environment.
(i) Failure to comply with any applicable term of this article shall automatically nullify the exemption.
 
  Note:    Authority cited: Sections 208, 25143, 25159 and 25205.7, Health and Safety Code. Reference: Section 25143, Health and Safety Code. 
  
 



s 66263.42. Specific Requirements for Milkrun Operations.
 
  Note: Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25117.9, 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.43. Specific Requirements for Emergency Response Incident Operations.
 (a) A transporter operating in accordance with this section shall be a state, local or county governmental agency emergency response incident unit.
(b) There shall be no restriction on the types of hazardous waste transported by the transporter specified in subsection (a).
(c) The total quantity shall not exceed five 85-gallon drums of hazardous waste from any incident site transported to the transporter's central collection facility.
(d) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the hazardous wastes pursuant to this section.
(e) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the hazardous waste when transported from the incident site to the transporter's central collection facility.
(f) Transportation of the hazardous waste from the transporter's central collection facility to a hazardous waste facility shall be performed by a registered hazardous waste transporter using certified vehicles and/or containers. The hazardous waste shall be delivered to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous waste pursuant to chapter 6.5 of the division 20 of the Health and Safety Code and implementing regulations. The hazardous waste shall be properly manifested in accordance with the requirements of this chapter on the use of the Uniform Hazardous Waste Manifest.
(g) In addition to the information required in the application submitted pursuant to section 66263.40(a)(3), the transporter shall provide the location of the central collection facility.
(h) Hazardous waste at the transporter's central collection facility shall be stored for no longer than 90 days and managed in accordance with section 66262.34.
(i) The transporter shall keep records of the types and quantities of hazardous wastes handled under this section at the central collection facility on an annual basis. These records shall be retained for a period of three years from the date the record was completed.
(j) The period of retention referred to in this section is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.44. Specific Requirements for PCB Waste Operations.
 (a) A transporter operating in accordance with this section shall be any governmental agency or public utility that transports polychlorinated biphenyl (PCB) wastes generated within the transporter's service area. The transporter shall also be the generator of the PCB wastes.
(b) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the PCB wastes pursuant to this section.
(c) In addition to the information required in the application submitted pursuant to section 66263.40(a)(3), the transporter shall provide the location of the central collection facility.
(d) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the PCB wastes when transported from the transporter's service area to the transporter's central collection facility.
(e) Transportation of the PCB wastes from the transporter's central collection facility to a hazardous waste facility shall be performed by a registered hazardous waste transporter using certified vehicles and/or containers. The PCB wastes shall be delivered to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous waste pursuant to chapter 6.5 of division 20 of the Health and Safety Code and implementing regulations. The PCB wastes shall be properly manifested in accordance with the requirements of this chapter on the use of the Uniform Hazardous Waste Manifest.
(f) Handling practices and storage time of the PCB wastes shall be allowed the same exemptions described in section 66263.18 of this chapter, when applied to handling and storage at transfer facilities .
(g) The transporter shall keep records of the total quantities of PCB wastes handled at the central collection facility on an annual basis. These records shall be retained for a period of three years from the date the record was completed.
(h) The period of retention referred to in this section is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.45. Specific Requirements for Consolidation Operations.
 (a) A transporter operating in accordance with this section shall be any person that transports hazardous waste to a nonpermitted, temporary, hazardous waste storage facility in accordance with section 66263.18 for the purpose of consolidation of waste loads. The transporter shall also be the generator of the hazardous waste.
(b) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the hazardous waste pursuant to this section.
(c) In addition to the information required in the application submitted pursuant to section 66263.40(a)(3), the transporter shall provide the location of the temporary hazardous waste storage facility.
(d) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the hazardous wastes when transported from the place of generation to the transporter's temporary storage facility.
(e) This section applies only to hazardous wastes that are either:
(1) collected from generators who meet the requirements of title 40 of the Code of Federal Regulations, section 261.5(a) and 261.5(g), as of July 1, 1988; or
(2) collected from generators of non-RCRA hazardous wastes totaling less than 100 kilograms per calendar month.
(f) The total quantity of each load of hazardous waste transported from the original generation location(s) to the temporary storage facility shall not exceed 100 kilograms.
(g) Transportation of the hazardous wastes from the temporary storage facility to a hazardous waste facility shall be performed by a registered hazardous waste transporter using a certified vehicle and/or containers. The hazardous waste shall be delivered to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous wastes pursuant to chapter 6,.5 of division 20 of the Health and Safety Code and implementing regulations. The hazardous waste shall be properly manifested in accordance with the requirements of this chapter on the use of the Uniform Hazardous Waste Manifest.
(h) Handling practices and storage time of the hazardous wastes shall be allowed the same exemptions described in section 66263.18 of this chapter, when applied to handling and storage at transfer facilities.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.46. Specific Requirements for Small Load Operations.
 (a) A transporter operating in accordance with this section shall only transport hazardous wastes in amounts no greater than 100 kilograms per load and no greater than 1,000 kilograms per calendar month, which is the total quantity of hazardous waste which shall be hauled by the transporter.
(b) This section applies only to hazardous wastes that are either:
(1) subject to reclamation agreements with generators of greater than 100 kilograms per month but less than 1,000 kilograms per month pursuant to the requirements of Title 40 of the Code of Federal Regulations, sections 262.20(e) and 263.20(h), as of July 1, 1988; or
(2) collected from generators who meet the requirements of Title 40 of the Code of Federal Regulations, sections 261.5(a) and 261.5(g), as of July 1, 1988; or
(3) collected from generators of non-RCRA hazardous wastes totaling less than 100 kilograms per calendar month.
(c) The transporter is exempt from the requirement to provide proof of ability to provide adequate response to damages pursuant to section 66263.11(a)(2).
(d) The transporter is exempt from the requirements of sections 66263.11(a)(1)(B), 66263.11(a)(3) and 66263.13 regarding the vehicles and containers used to transport the hazardous wastes pursuant to this section.
(e) The transporter shall only deliver the hazardous waste to a permitted facility or to a facility which has been granted interim status, or to a facility which has been otherwise authorized to receive hazardous wastes pursuant to chapter 6.5 of division 20 of the Health and Safety Code and implementing regulations.
(f) The transporter is exempt from the requirements of sections 66263.20 and 66263.21 regarding the use of the manifest. In lieu of the manifest, the transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C. The shipping paper must accompany the hazardous wastes when transported from the place of generation to the facility designated pursuant to subsection (e). In addition, the transporter shall include the name, address and EPA Identification Number of the designated facility on the shipping paper.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 25169.1, Health and Safety Code. 
  
 



s 66263.50. Fee Requirements.
 (a) The fees collected pursuant to this section shall be deposited in the Hazardous Spill Prevention Account in the Railroad Accident Prevention and Response Fund.
(b) Surface transporters, for purposes of this section, means any railroad as defined under Section 229 of the Public Utilities Code which is subject to regulation under Section 421 of the Public Utilities Code and which transports hazardous materials; any motor carrier as defined in Section 508 of the Vehicle Code which is licensed or required to be licensed to transport hazardous materials pursuant to Section 32000.5 of the Vehicle Code; and, any motor carriers registered or required to be registered pursuant to Section 25163 of the Health and Safety Code.
(c) Hazardous material means any of the following:
(1) A hazardous material as defined in Section 172 of Title 49 of the Code of Federal Regulations.
(2) A hazardous material as defined in Section 25501 of the Health and Safety Code, including but not limited to, "hazardous materials" as defined in Section 1160.3 of Title 13 of the California Code of Regulations and "hazardous materials" as defined in Section 2402.7 of the Vehicle Code.
(d) Fees due under this section shall be paid each fiscal year by surface transporters who transport on California highways pursuant to Section (h) or by railroad lines pursuant to Section (k). The fees are due and payable to the Board of Equalization on December 31 of the State fiscal year beginning with 1992/93, or on such later date as notified by the Board of Equalization. The fees imposed by this regulation shall be paid in accordance with Part 22 (commencing with Section 43001) of Division 2 of the Revenue and Taxation Code.
(e) The total fees to be collected each fiscal year, under this section, shall be the amount appropriated by the Legislature for expenditure, plus an amount sufficient to maintain a two month reserve, less the fund balance carried over from the prior fiscal year. The reserve shall equal one-sixth of the total appropriation.
(f) The Department shall allocate the total amount to be collected each year equally between types of surface transporters, except that, to the extent practicable, any amounts which are attributable solely to one mode shall be allocated only to that mode.
(g) The Department shall determine the fee for each motor carrier by dividing the motor carriers' allocation of the total fees to be collected pursuant to subsection (f) by the number of motor carrier companies subject to the fee pursuant to subsection (h).
(h) A motor carrier is liable for the fees to be collected under these regulations if on July 1 of the fiscal year in which the fee is due, it possessed or was required to possess a hazardous materials transportation license or a hazardous waste registration.
(i) The total fees paid by all ICC Class I railroads which transport hazardous materials shall be 99.4 percent of the amount allocated to all railroads in subsection (f).
(j) The fee for each ICC Class I railroad shall be determined by applying the percentage rate applicable to each ICC Class I railroad in the most recent fee structure set for railroads by the PUC under Section 421 of the Public Utilities Code, to the total amount of fees to be collected from all ICC Class I railroads as determined in subsection (i).
(k) A railroad is liable for the fees due under these regulations if on July 1 of the fiscal year in which the fee is due it was regulated by the PUC and has transported a hazardous material during the preceding twelve months.
(1) Individual Interstate Commerce Commission (ICC) Class I railroads which transport hazardous materials within California may develop a schedule for allocating the fees to be collected from ICC Class I railroads among all ICC Class I railroads which transport hazardous materials and submit that schedule to the Department by June 30 of each year. The Department may grant an extension of the June 30 submission date if a written request is provided giving justification for the extension.
The schedule must clearly allocate the total amount to be collected from all ICC Class I railroads which transport hazardous materials to each railroad by assigning a percentage of the total to each railroad. The Department will adopt the schedule developed by the ICC Class I railroads and waive the schedule for ICC Class I railroads developed by the PUC under Section 421 of the Public Utilities Code, provided that all ICC Class I railroads agree to the proposed schedule and certify their agreement to the Department in writing through a letter which has been signed by representatives of all ICC Class I railroads.
(m) The fee for each ICC Class II and ICC Class III railroad which transports hazardous materials shall be the greater of .115 percent of gross revenues generated in California or $250. Each railroad's gross revenues shall be from their most recent fiscal year which ended prior to July 1 of the State's fiscal year (July 1 through June 30) in which the fees are due.
(n) Class II and Class III railroads may also develop a schedule of rates using the same procedure described in subsection (1).
(o) Acceptance of materials or services from individual railroads and motor carriers in lieu of paying part or all of the fees assessed shall be based upon the Department's judgement of its budget needs and the market value of the materials or services offered. The Department will inform the Board of Equalization of the amount, if any, to be credited against any railroad or motor carrier's account.
(p) Federal, state, county, city, city and county agencies, and other political subdivisions of the State, including but not limited to, school, irrigation and fire protection districts are exempt from the fees set forth in this section.
 
  Note:    Authority cited: Sections 7713 and 7714.5, Public Utilities Code. Reference: Sections 25163 and 25501, Health and Safety Code, Section 229 and 421, Public Utilities Code; Section 2402.7 and 32000.5, Vehicle Code; Section 1160.3, Title 13 CCR; 49 CFR Section 171.8, 49. 
  
 
 



s 66264.1. Purpose, Scope and Applicability.
 (a) The purpose of this chapter is to establish minimum standards which define the acceptable management of hazardous waste.
(b) The standards in this chapter apply to owners and operators of all facilities which transfer, treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this chapter or chapters 11, 12 or 13 of this division.
(c) The requirements of this chapter apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Federal Marine Protection, Research, and Sanctuaries Act (33 U.S.C. section 1401, et seq.) only to the extent they are included in a permit by rule granted to such a person under chapter 20 of this division. Such person shall comply with the requirements of chapter 14 of this division when transferring, treating or storing hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea.
(d) (Reserved)
(e) The requirements of this chapter apply to the owner or operator of a POTW which transfers, treats, stores, or disposes of hazardous waste only to the extent they are included in a permit by rule granted to such a person under chapter 20 of this division.
(f) (Reserved)
(g) The requirements of this chapter do not apply to:
(1) (reserved);
(2) the owner or operator of a facility managing recyclable materials described in section 66261.6(a)(2)(B) of this division (except to the extent they are referred to in article 8 of chapter 16 of this division);
(3) a generator accumulating waste on-site in compliance with section 66262.34 of this division;
(4) a farmer disposing of waste pesticides from the farmer's own use in compliance with section 66262.70 of this division;
(5) (reserved);
(6) (reserved);
(7) (reserved);
(8)(A) except as provided in subsection (g)(8)(B) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:
1. a discharge of a hazardous waste;
2. an imminent and substantial threat of a discharge of hazardous waste;
3. a discharge of a material which, when discharged, becomes a hazardous waste;
(B) an owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of articles 3 and 4 of this chapter;
(C) any person who is covered by subsection (g)(8)(A) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chapter 21 of this division for those activities;
(9) a transporter storing manifested shipments of hazardous waste in containers at a transfer facility, or a transfer facility storing manifested shipments of hazardous waste in containers, for six days or less, or 10 days or less for transfer facilities in areas zoned industrial by the local planning authority, and meeting the requirements of sections 66262.30 and 66263.18;
(10) the addition of absorbent material to waste in a container (as defined in section 66260.10 of this division) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and sections 66264.17(b), 66264.171, and 66264.172 are complied with;
(11) persons managing hazardous waste in a hazardous waste management unit not subject to 40 CFR Part 264 (incorporated by reference in section 66260.11 of this division) pursuant to an exemption in 40 CFR Section 264.1(g), if the waste managed in that unit is identified as a hazardous waste solely because it exhibits the characteristic of toxicity set forth in section 66261.24(a)(1) of this division.
(12) Persons who manage universal waste. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.
(h) The requirements of this chapter apply to owners or operators of all facilities that transfer, treat, store, or dispose of hazardous wastes referred to in chapter 18 of this division.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25159,  25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25159, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 264.1. 
  
 



s 66264.2. Compliance Schedule for Permit Modifications.
The owner or operator of a hazardous waste facility who has received a hazardous waste facility permit on or before the effective date of this division and who is required to comply with the provisions of this chapter, shall submit a permit modification request pursuant to chapter 20, article 4 of this division to the Department within 180 days of July 1, 1991. The modification request shall describe the exact change(s) to be made to the facility to comply with the provisions of this chapter. The owner or operator of such a facility shall implement the approved modification(s) according to a schedule of compliance established by the Department.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25200, Health and Safety Code. 
  
 



s 66264.3. Relationship to Interim Status Standards.
 A facility owner or operator who has fully complied with the requirements for interim status, as defined in Health and Safety Code section 25200.5 and regulations under section 66270.70, shall comply with the regulations specified in chapter 15 of this division in lieu of the regulations in this chapter, until final administrative disposition of the facility's permit application is made, except as provided under article 15.5 of this chapter.
 
  Note: Authority cited: Sections 58012 of the Governor's Reorganizational Plan  # 1 of 1991, 25150,  25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25187, 25200, 25200.10, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.3. 
  
 



s 66264.4. Enforcement Actions.
In addition to bringing an enforcement action pursuant to chapter 6.5 of division 20 commencing with section 25100 of the Health and Safety Code, the Department may take or secure actions pursuant to Health and Safety Code section 25358.3.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5, 25180.5 through 25196.6 and 25358.3, Health and Safety Code; 40 CFR Section 264.4. 
  
 



s 66264.10. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as provided in section 66264.1.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.10. 
  
 



s 66264.11. Identification Number.
Every facility owner or operator shall apply to the Department for an Identification Number in accordance with the following notification procedure:
(a) For facilities required to obtain an identification number pursuant to  40 CFR Parts 250 to 270 (incorporated by reference in section 66260.11 of this division), by notifying the USEPA pursuant to 40 CFR Section 264.11; or
(b) For any other facility which treats, stores, transfers, or disposes of hazardous waste, by notifying the Department pursuant to Health and Safety Code section 25158.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.11. 
  
 



s 66264.12. Required Notices.
 (a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the Department in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. Notice of subsequent shipments of the same waste from the same foreign source is not required. The notification shall be sent to the Import /Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to 40 CFR Part 262, Subpart H or this article shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460; and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document shall be maintained at the facility for at least three years.
(b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate permit(s) for, and will accept, the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.
(c) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and chapter 20 of this division. An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter shall not relieve the new owner or operator of the obligation to comply with all applicable requirements.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.12. 
  
 



s 66264.13. General Waste Analysis.
 (a)(1) Before an owner or operator transfers, treats, stores, or disposes of any hazardous waste, or non-hazardous waste if applicable under section 66264.113(d), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which must be known to transfer, treat, store, or dispose of the waste in accordance with the requirements of this chapter and chapter 18 of this division and with the conditions of a permit issued under chapter 20 and chapter 21 of this division.
(2) The analysis may include data developed under chapter 11 of this division, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
(A) The facility's records of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subsection (a)(1) of this section.
(B) The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part of the information required by subsection (a)(1) of this section, except as otherwise specified in section 66268.7(b) and (c).
(3) If the generator does not supply the information as specified in subsection (a)(2)(B) of this section, and the owner or operator chooses to accept a hazardous waste, the owner or operator shall obtain the information required to comply with this section.
(4) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated:
(A) when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or non-hazardous waste if applicable under section 66264.113(d), has changed; and
(B) for off-site facilities, when the results of the inspection required in subsection (a)(5) of this section indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
(5) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with subsection (a) of this section. The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify:
(1) the parameters for which each hazardous waste, or non-hazardous waste if applicable under section 66264.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (a) of this section);
(2) the test methods which will be used to test for these parameters;
(3) the sampling and sampling management methods which will be used to obtain a representative sample of the waste to be analyzed. The sampling, planning, methodology, equipment, sample processing, documentation and custody procedures shall be in accordance with either:
(A) one of the sampling methods described in Appendix I of chapter 11 of this division; or
(B) an equivalent sampling method;
(4) the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date; and
(5) for off-site facilities, the waste analyses that hazardous waste generators have agreed to supply;
(6) where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 66264.17, 66264.314, 66264.341, 66264.1034(d), 66264.1063(d), and 66268.7 of this division.
(c) For off site facilities, the waste analysis plan required in subsection (b) of this section shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe:
(1) the procedures which will be used to determine the identity of each movement of waste managed at the facility; and
(2) the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.13. 
  
 



s 66264.14. Security.
 (a) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless the owner or operator can demonstrate to the Department as required in section 66270.14(b)(4) of chapter 20 that:
(1) physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility; and
(2) disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.
(b) Unless the owner or operator has made a successful demonstration under subsections (a)(1) and (2) of this section, a facility shall have:
(1) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or
(2)(A) an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and
(B) a means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility);
(3) the requirements of subsection (b) of this section shall be satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of subsection (b)(1) or (2) of this section.
(c) Unless the owner or operator has made a successful demonstration under subsections (a)(1) and (2) of this section, a sign with the legend, "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out," shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.14. 
  
 



s 66264.15. General Inspection Requirements.
 (a) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to: (1) release of hazardous waste constituents to the environment; or (2) a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(b)(1) The owner or operator shall develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
(2) The owner or operator shall keep this schedule at the facility.
(3) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
(4) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of  deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, malfunction or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in sections 66264.174, 66264.193, 66264.195, 66264.226, 66264.254, 66264.278, 66264.303, 66264.347, 66264.602, 66264.1033, 66264.1052, 66264.1053, and 66264.1058, where applicable.
(5) In accordance with chapter 20 of this division, the inspection schedule shall be submitted with Part B of the permit application. The Department will evaluate the schedule along with the rest of the application to ensure that it adequately protects human health and the environment. As part of this review, the Department may modify or amend the schedule as may be necessary.
(c) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.
(d) The owner or operator shall record inspections in an inspection log or summary. The owner or operator shall keep these records for at least three years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code, and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.15. 
  
 



s 66264.16. Personnel Training.
 (a)(1) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under subsection (d)(3) of this section.
(2) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
(3) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable:
(A) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(B) key parameters for automatic waste feed cut-off systems;
(C) communications or alarm systems;
(D) response to fires or explosions;
(E) response to groundwater contamination incidents; and
(F) shutdown of operations.
(b) Facility personnel shall successfully complete the program required in subsection (a) of this section within six months after the date of their employment or assignment to a facility, or to a new position at a facility. Employees hired after the effective date of these regulations shall not work in unsupervised positions until they have completed the training requirements of subsection (a) of this section.
(c) Facility personnel shall take part in an annual review of the initial training required in subsection (a) of this section.
(d) The owner or operator shall maintain the following documents and records at the facility:
(1) the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
(2) a written job description for each position listed under subsection (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of employees assigned to each position;
(3) a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under paragraph (d)(1) of this section;
(4) records that document that the training or job experience required under subsections (a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(e) Training records on current personnel shall be kept until closure of the facility; training records on former employees shall be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.16. 
  

 



s 66264.17. General Requirements for Ignitable, Reactive, or Incompatible Wastes.
 (a) The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other sections of this chapter, the owner or operator of a facility that transfers, treats, stores or disposes ignitable or reactive waste, or mixes incompatible waste or incompatible wastes and other materials, shall take precautions to prevent reactions which:
(1) generate extreme heat or pressure, fire or explosions, or violent reactions;
(2) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
(3) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) damage the structural integrity of the device or facility;
(5) through other like means threaten human health or the environment.
(c) When required to comply with subsection (a) or (b) of this section, the owner or operator shall document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in section 66264.13), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.17. 
  
 



s 66264.18. Location Standards.
 (a) Seismic considerations. (1) Portions of new facilities or facilities undergoing substantial modification where transfer, treatment, storage or disposal of hazardous waste will be conducted shall not be located within 61 meters (200 feet) of a fault which has had displacement in Holocene time.
(2) As used in subsection (a)(1) of this section:
(A) "fault" means a fracture along which rocks on one side have been displaced with respect to those on the other side;
(B) "displacement" means the relative movement of any two sides of a fault measured in any direction;
(C) "holocene" means the most recent epoch of the Quarternary period, extending from the end of the Pleistocene to the present.
(b) Floodplains.
(1) A facility located in a 100-year floodplain or within the maximum high tide shall be designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood or maximum high tide, unless the owner or operator can demonstrate to the Department's satisfaction that procedures are in effect which will cause the waste to be removed safely, before flood or tide waters can reach the facility, to a location where the wastes will not be vulnerable to flood waters. If wastes are moved to a location within California, that location shall be a facility which is either permitted by the Department under chapter 20 of this division or in interim status under chapters 20 and 15 of this division.
(2) As used in subsection (b)(1) of this section:
(A) "100-year floodplain" means any land area which is subject to a one percent or greater chance of flooding in any given year from any source;
(B) "washout" means the movement of hazardous waste from the active portion of the facility as a result of flooding;
(C) "100-year flood" means a flood that has a one percent chance of being equalled or exceeded in any given year.
(c) Salt dome formations, salt bed formations, underground mines and caves.
The placement of any noncontainerized or bulk liquid hazardous waste in any salt dome formation, salt bed formation, underground mine or cave is prohibited.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.18. 
  
 



s 66264.19. Construction Quality Assurance Program.
 (a) Construction Quality Assurance Program (CQA):
(1) A CQA program is required for all surface impoundment, waste pile, and landfill units that are required to comply with sections 66264.221(c) and (f), 66264.251(c) and (l), and 66264.301(c) and (d). The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program shall be developed and implemented under the direction of a CQA officer who is a California State registered professional Civil engineer.
(2) The CQA program shall address the following physical components, where applicable:
(A) Foundations;
(B) Dikes;
(C) Low-permeability soil liners;
(D) Geomembranes (flexible membrane liners);
(E) Leachate collection and removal systems and leak detection systems; and
(F) Final cover systems.
(b) Written CQA plan. The owner or operator of units subject to the CQA program under subsection (a) of this section shall develop and implement a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description of how they will be constructed.
(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit components identified in subsection (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under section 66264.73.
(c) Contents of program. (1) The CQA program shall include observations, inspections, tests, and measurements sufficient to ensure:
(A) Structural stability and integrity of all components of the unit identified in subsection (a)(2) of this section;
(B) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;
(C) Conformity of all materials used with design and other material specifications under sections 66264.221, 66264.251, and 66264.301.
(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of sections 66264.221(c)(1)(A)2., 66264.251(c)(1)(A)2., and 66264.301(c)(1)(A)2. in the field. Compliance with the hydraulic conductivity requirements shall be verified by using in-situ testing on the constructed test fill. The Department may accept an alternative demonstration, in lieu of a test fill, where data are sufficient to show that a constructed soil liner will meet the hydraulic conductivity requirements of sections 66264.221(c)(1)(A)2., 66264.251(c)(1)(A)2., and 66264.301(c)(1)(A)2. in the field.
(d) Certification. Waste shall not be received in a unit subject to section 66264.19 until the owner or operator has submitted to the Department by certified mail or hand delivery a certification signed by the CQA officer that the approved CQA plan has been successfully carried out and that the unit meets the requirements of sections 66264.221(c) or (f), 66264.251(c) or (l), or 66264.301(c) or (d); and the procedure in section 66270.30(l)(2)(B) of this chapter has been completed. Documentation supporting the CQA officer's certification shall be furnished to the Department upon request.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.19. 
  
 



s 66264.25. Seismic and Precipitation Design Standards.
 (a) Except as provided by sections 66264.175 and 66264.192, facilities subject to this chapter and all cover systems and drainage control systems required by this chapter shall be designed to function without failure when subjected to capacity, hydrostatic and hydrodynamic loads resulting from a 24-hour probable maximum precipitation storm.
(b) The following shall be designed, constructed and maintained to withstand the maximum credible earthquake without the level of public health and environmental protection afforded by the original design being decreased:
(1) all surface impoundments, waste piles, landfills and land treatment facilities subject to this chapter; and
(2) all covers and cover systems required by this chapter and all containment and control features which will remain after closure at permanent hazardous waste disposal areas.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66264.30. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150, and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.30. 
  
 



s 66264.31. Design and Operation of Facility.
Facilities shall be located, designed, constructed, maintained, and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.31.41 
  
 



s 66264.32. Required Equipment.
All facilities shall be equipped with the following, unless it can be demonstrated to the Department that none of the hazards posed by waste handled at the facility could require a particular kind ofequipment specified below:
(a) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(b) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
(c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
(d) water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.32. 
  
 



s 66264.33. Testing and Maintenance of Equipment.
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.33. 
  
 



s 66264.34. Access to Communications or Alarm System.
 (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Department has ruled that such a device is not required under section 66264.32.
(b) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Department has ruled that such a device is not required under section 66264.32.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.34. 
  
 



s 66264.35. Required Aisle Space.
The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it is demonstrated pursuant to section 66270.14(b)(6) to the Department that aisle space is not needed for any of these purposes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.35. 
  
 



s 66264.37. Arrangements with Local Authorities.
 (a) The owner or operator shall attempt to make the following arrangements, as appropriate, for the type of waste handled at the facility and the potential need for the services of these organizations:
(1) arrangements to familiarize police, fire departments, emergency response teams and the local Office of Emergency Services with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to and roads inside the facility, and possible evacuation routes;
(2) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(3) agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and
(4) arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(b) Where State or local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the operating record.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.37. 
  
 



s 66264.50. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.50. 
  
 



s 66264.51. Purpose and Implementation of Contingency Plan.
 (a) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
(b) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.51. 
  
 



s 66264.52. Content of Contingency Plan.
 (a) The contingency plan shall describe the actions facility personnel shall take to comply with sections 66264.51 and 66264.56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with Title 40 CFR Part 112, or Part 1510, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter.
(c) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to section 66264.37.
(d) The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see section 66264.55), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates. For new facilities, this information shall be supplied to the Department at the time of certification (see section 66270.14), rather than at the time of permit application.
(e) The plan shall include a list of all emergency equipment at the facility  (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(f) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
(g) The plan shall include the current telephone number of the State Office of Emergency Services.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.52. 
  
 



s 66264.53. Copies of Contingency Plan.
 (a) A copy of the contingency plan and all revisions to the plan shall be:
(1) maintained at the facility; and
(2) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
(b) The contingency plan shall be submitted to the Department with Part B of the permit application under chapter 20, of this division and, after modification or approval, will become a condition of any permit issued.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.53. 
  
 



s 66264.54. Amendment of Contingency Plan.
The contingency plan shall be reviewed, and immediately amended, if necessary, whenever:
(a) the facility permit is revised;
(b) the plan fails in an emergency;
(c) the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
(d) the list of emergency coordinators changes; or
(e) the list of emergency equipment changes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.54. 
  
 



s 66264.55. Emergency Coordinator.
At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.55. 
  
 



s 66264.56. Emergency Procedures.
 (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) shall immediately:
(1) activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(2) notify appropriate State or local agencies with designated response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator shall report the findings as follows:
(1) if the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; and
(2) the emergency coordinator shall, in every situation, immediately notify the State Office of Emergency Services. The report shall include:
(A) name and telephone number of reporter;
(B) name and address of facility;
(C) time and type of incident (e.g., release, fire);
(D) name and quantity of material(s) involved, to the extent known;
(E) the extent of injuries, if any; and
(F) the possible hazards to human health, or the environment, outside the facility.
(e) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers.
(f) If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(9) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the owner or operator can demonstrate, in accordance with section 66261.3(c) or (d) of this division, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12, 13, and 14 of this division.
(h) The emergency coordinator shall ensure that, in the affected area(s) of the facility:
(1) no waste that may be incompatible with the released material is transferred, treated, stored, or disposed of until cleanup procedures are completed; and
(2) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator shall notify the Department, and appropriate State and local authorities, that the facility is in compliance with subsection (h) of this section before operations are resumed in the affected area(s) of the facility.
(j) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Department. The report shall include:
(1) name, address, and telephone number of the owner or operator;
(2) name, address, and telephone number of the facility;
(3) date, time, and type of incident (e.g., fire, explosion);
(4) name and quantity of material(s) involved;
(5) the extent of injuries, if any;
(6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
(7) estimated quantity and disposition of recovered material that resulted from the incident.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.56. 
  

 



s 66264.70. Applicability.
 (a) The regulations in this article apply to owners and operators of both on-site and off-site facilities, except as section 66264.1 provides otherwise. Sections 66264.71, 66264.72, and 66264.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
(b) Compliance with the revisions to the Manifest form and procedures announced in the regulation published by U.S. EPA on March 4, 2005 and by the department on August 24, 2006, shall not be required until on and after September 5, 2006.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.70. 
  
 



s 66264.71. Use of Manifest System.
 (a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the facility's agent, shall sign and date each copy of the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, including a facility located out of state, the owner, operator or the facility's agent shall:
(A) sign and date, by hand, each copy of the manifest;
(B) note any significant discrepancies in the manifest (as defined in section 66264.72 subsection (a)) on each copy of the manifest, and enter the most appropriate Hazardous Waste Report Management Method codes for each waste listed on the manifest from the list published in the most recent Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B) and shown in Appendix II of chapter 14.
(C) immediately give the transporter at least one copy of the signed manifest;
(D) within 30 days after the delivery, send a copy of the manifest to the generator;
(E) retain at the facility a copy of each manifest for at least three years from the date of delivery;
(F) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest used. The facility manifest copy shall be submitted to the department for every shipment on a manifest when California is either the generator state or the destination state. The facility manifest copy shall be mailed to:
DTSC Facility Manifests
 
P.O. Box 3000
 
Sacramento, CA 95812-3000
 
; and
(G) a facility shall determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. Facilities shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator's certification, and signatures), the owner or operator, or the facility's agent, shall:
(1) sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;
(2) note any significant discrepancies as defined in section 66264.72(a) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper;
(3) immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);
(4) within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator;
(5) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest or shipping paper (if the manifest has not been received) used; and
(6) retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of chapter 12 of this division.
(d) In addition to submitting a copy of the manifest to the department, if a facility receives federally regulated hazardous waste imported from a foreign source, the receiving facility shall mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
(e) Within three working days of the receipt of a shipment subject to the requirements of 40 Code of Federal Regulations Part 262, Subpart H or this article, the owner or operator of the facility shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; and to competent authorities of all other concerned countries. The original copy of the tracking document shall be maintained at the facility for at least three years from the date of signature.
(f) Whenever hazardous waste is received by a facility from a transporter in a vehicle or bulk container that will be removed from the facility after emptying, the transporter shall determine by inspection whether the vehicle or bulk container is empty pursuant to section 66261.7 prior to the removal of the vehicle or bulk container from the facility.
(g) If a vehicle or bulk container cannot be rendered empty pursuant to section 66261.7 by equipment and methods available at the facility, the transporter shall follow the procedure in subsection (b) of section 66263.21. If the vehicle or bulk container is not empty, the transporter shall not move the vehicle or bulk container without the designated facility preparing a new manifest pursuant to section 66264.72 or 40 Code of Federal Regulations section 264.72 if located out of state.
(h) The provisions of section 66262.34 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of section 66262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.71; Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66264.72. Manifest Discrepancies.
 (a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity limits for  "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division.
(b) Significant discrepancies in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant discrepancy in quantity or type, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. Significant Discrepancy Reports should be mailed to:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, the facility shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility shall send the waste to the alternative facility or to the generator within the time frame specified in the permit or 60 days, whichever is shorter, of the rejection or the container residue identification. The waste shall be managed consistent with any applicable permit conditions. The waste shall be handled consistent with the requirements of section 25200.19 of the Health and Safety Code.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or, the facility shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the generator's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the alternate designated facility and the facility's EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. Department of Transportation description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility shall retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that shall be sent back to the generator, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the facility's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled, and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility shall retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section.
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility shall amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility shall also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and shall re-sign and date the manifest to certify to the information as amended. The facility shall retain the amended manifest for at least three years from the date of amendment, and shall within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. The facility shall submit a copy of the amended manifest within 30 days to the department at the address provided in section 66264.71, subsection (a)(2)(F).
(h) Upon discovering a discrepancy involving a hazardous waste of concern, as defined in section 66261.111(a), and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the owner or operator shall attempt to reconcile the reportable quantity or difference with the waste generator or transporter. If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number;
(3) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
(4) Manifest number;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).
(i) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (h), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest at issue.
(1) Owners or operators of facilities located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) Owners or operators of facilities located in any other county, or out of state, shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
 
  Note: Authority cited: Sections 25150, 25159, 25169.6, 25169.7 and  25169.8, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160.6, 25169.5, 25169.6, 25169.7 and 25200.19, Health and Safety Code; 40 Code of Federal Regulations Section 264.72;2005 Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66264.73. Operating Record.
 (a) The owner or operator shall keep a written operating record at the facility.
(b) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(1) a description and the quantity of each hazardous waste received, and the method(s) and date(s) of its transfer, treatment, storage, or disposal at the facility as required by Appendix I, of this chapter;
(2) the location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. For all facilities, this information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;
(3) records and results of waste analyses and waste determinations performed as specified in sections 66264.13, 66264.17, 66264.314, 66264.341, 66264.1034, 66264.1063, 66264.1083, and 66268.7 of this division;
(4) summary reports and details of all incidents that require implementing the contingency plan as specified in section 66264.56(j);
(5) records and results of inspections as required by section 66264.15(d) (except these data need be kept only three years);
(6) monitoring, testing, or analytical data and corrective action where required by article 6 and sections 66264.19, 66264.191, 66264.193, 66264.195, 66264.222, 66264.223, 66264.226, 66264.252, 66264.253, 66264.254, 66264.276, 66264.278, 66264.280, 66264.302, 66264.303, 66264.304, 66264.309, 66264.347, 66264.602, 66264.1034(c) through 66264.1034(f), 66264.1035, 66264.1063(d) through 66264.1063(i), 66264.1064, and 66264.1082 through 66264.1090;
(7) for off-site facilities, notices to generators as specified in section 66264.12(b); and
(8) all closure cost estimates under section 66264.142, and, for disposal facilities, all post-closure cost estimates under section 66264.144;
(9) a certification by the permittee no less often than annually, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste that the permittee generates to the degree determined by the permittee to be economically practicable; and the proposed method of transfer, treatment, storage or disposal is that practicable method currently available to the permittee which minimizes the present and future threat to human health and the environment;
(10) records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to section 66268.5 and the applicable notice required by a generator under section 66268.7(a);
(11) for an off-site treatment facility, a copy of the notice, and the certification if applicable, required by the generator or the owner or operator under section 66268.7;
(12) for an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification if applicable, required by the generator or the owner or operator under section 66268.7;
(13) for an off-site land disposal facility, a copy of the notice, and the certification if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7; and
(14) for an on-site land disposal facility, the information contained in the notice required by the generator or owner or operator of a treatment facility under section 66268.7, except for the manifest number, and the certification if applicable;
(15) for an off-site storage facility, a copy of the notice, and the certification if applicable, required by the generator or the owner or operator under section 66268.7; and
(16) for an on-site storage facility, the information contained in the notice  (except the manifest number), and the certification if applicable, required by the generator or the owner or operator under section 66268.7.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25208.4(c), Health and Safety Code; and 40 CFR Section 264.73. 
  
 



s 66264.74. Availability, Retention, and Disposition of Records.
 (a) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of EPA who is duly designated by the USEPA Administrator, the Department, the State Water Resources Control Board, or a regional water quality control board.
(b) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department or the USEPA Administrator.
(c) A copy of records of waste disposal locations and quantities under section 66264.73(b)(2) shall be submitted to the Department, the appropriate regional water quality control board, and local land authority upon closure of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.74. 
  
 



s 66264.75. Annual Report.
For the Annual report on activities for 1995, only facilities that are required under Title 40 of the Code of Federal of Regulations (CFR), section 264.75 to prepare and submit this report are subject to this section for the report. This Report, due on March 1, 1996 is to be submitted on U.S. EPA form 8700- 13A/B (5-80) (8-95) provided by the Department. Facilities required to submit this report for activities conducted during 1995 are facilities which treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during 1995.
The owner or operator shall prepare and submit single copies of an annual report to the Department and the appropriate regional water quality control board by March 1 of each year. The annual report shall be submitted on forms provided by the Department, EPA Form 8700-13A/B, 5-80, (Revised 11-89). The report shall cover facility activities during the previous calendar year and shall include:
(a) the Identification Number, name, and address of the facility;
(b) the calendar year covered by the report;
(c) for off-site facilities, the Identification Number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report shall give the name and address of the foreign generator;
(d) a description, including any applicable EPA hazardous waste number from chapter 11, articles 3 or 4 of this division, California Hazardous Waste Number from chapter 11, Appendix XII of this division, and DOT hazard class, and the quantity of each hazardous waste the facility received during the year. Wastes that are classified as non-RCRA wastes shall be described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste." When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If the generic name is not listed in chapter 11, Appendix X, subdivision (e) the commonly recognized industrial name of the waste shall be used. For off-site facilities, this information shall be listed by Identification Number of each generator;
(e) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(f) reserved;
(g) the most recent closure cost estimate under section 66264.142, and, for disposal facilities, the most recent post-closure cost estimate under section 66264.144; and
(h) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(i) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984;
(j) the certification signed by the owner or operator of the facility or the facility's authorized representative;
(k) the environmental monitoring data specified in section 66264.73;
(l) the owner or operator shall certify the following in writing for waste shipped offsite after January 1, 1990. The certification shall be attached to the Annual Report and include the following:
(1) whether the hazardous waste shipped offsite has a heating value of 3,000 British Thermal Units per pound of waste or less, and a volatile organic compound (VOC) content of one percent or less by weight; and
(2) if the waste had a heating value or VOC content greater than that specified in subsection (l)(1), that:
(A) the waste was incinerated or treated by any method that has been authorized by the Department as part of a hazardous waste facility permit issued pursuant to Health and Safety Code section 25200; or
(B) the waste is exempted from the requirements of chapter 18, article 12; or
(C) the waste was recycled; or
(D) the waste was shipped out of California for incineration, treatment, disposal or recycling.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25155.5, 25159, 25159.5 and 25202.9, Health and Safety Code; 40 CFR Section 264.75. 
  
 



s 66264.76. Unmanifested Waste Report.
 (a) If a facility accepts for transfer, treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in section 66263.20(e)(2) of this division, and if the waste is not excluded from the manifest requirement of this chapter, then the owner or operator shall prepare and submit a single copy of a report to the Department within fifteen days after receiving the waste. The unmanifested waste report shall be submitted in the form of a letter to the Department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
Such report shall be designated 'Unmanifested Waste Report' and include the following information:
(1) the Identification Number, name, and address of the facility;
(2) the date the facility received the waste;
(3) the Identification Number, name, and address of the generator and the transporter, if available;
(4) a description and the quantity of each unmanifested hazardous waste the facility received;
(5) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(6) the certification signed by the owner or operator of the facility or the facility's authorized representative; and
(7) a brief explanation of why the waste was unmanifested, if known.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 264.76. 
  
 



s 66264.77. Additional Reports.
In addition to submitting the annual reports and unmanifested waste reports described in sections 66264.75 and 66264.76, the owner or operator shall also report to the Department:
(a) releases, fires, and explosions as specified in section 66264.56(j);
(b) facility closures specified in section 66264.115; and
(c) as otherwise required by chapter 14 articles 6, 7, through 14, 27, and 28, of this division.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.77. 
  
 



s 66264.78. Reporting Hazardous Wastes of Concern Discovered To Be Missing While in Storage.
 (a) The owner or operator of a hazardous waste facility, except a facility operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage at the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).
(b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the owner or operator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number, if available;
(3) Transporter name, identification number, and transporter registration number, if available;
(4) Manifest number, if available;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility the waste was handled or stored or during transportation to the facility on highway or roads, by rail line, transfer station, truck stop, etc.).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it. The owner or operator shall mail the letter to the appropriate address for the county in which the facility is located, as specified in section 66264.72(i).
 
  Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6 and 25169.7, Health and Safety Code; and 40 Code of Federal Regulations 262 Appendix. 
  
 



Appendix II - Hazardous Waste Report Management Method Codes
The following Hazardous Waste Report Management Codes established by U.S. EPA are to be used by Designated Facilities in completing Item 19 on the manifest and Item 36 on the manifest continuation sheet on and after September 5, 2006.
Hazardous Waste Report Management Method Codes and Code Groups
 
Reclamation and Recovery
 
Codes  Description
H010   Metals recovery including retorting, smelting, chemicals,etc.
H020   Solvents recovery
H039   Other recovery of reclamation for reuse including acid regeneration,
         organics recovery, etc.
H050   Energy recovery at this site - use as fuel (includes on-site fuel
         blending)
H061   Fuel blending prior to energy recovery at another site
 
Destruction or Treatment Prior to Disposal at Another Site
 
Codes  Description
H040   Incineration -thermal destruction other than use as a fuel
H071   Chemical reduction with or without precipitation
H073   Cyanide destruction with or without precipitation
H075   Chemical oxidation
H076   Wet air oxidation
H077   Other chemical precipitation with or without pre-treatment
H081   Biological treatment with or without precipitation
H082   Adsorption
H083   Air or steam stripping
H101   Sludge treatment and/or dewatering
H103   Absorption
H111   Stabilization or chemical fixation prior to disposal at another site
H112   Macro-encapsulation prior to disposal at another site
H121   Neutralization only
H122   Evaporation
H123   Settling or clarification
H124   Phase separation
H129   Other treatment
 
Disposal
 
Codes  Description
H131   Land treatment or application (to include on-site treatment and/or
         stabilization)
H132   Landfill or surface impoundment that will be closed as landfill (to
         include onsite treatment and/or stabilization)
H134   Deepwell or underground injection (with or without treatment)
H135   Discharge to sewer/POTW or NPDES (with prior storage -with or without
         treatment)
 
Storage and Transfer
 
Codes  Description
H141   Storage, bulking, and/or transfer off site -no treatment/recovery
         (H010-H129), fuel blending (H061), or disposal (H131-H135) at this
         site
 
 
  Note:Authority cited: Sections 25150, 25159, 25159.5 and 25168.1, Health and Safety Code. Reference: Sections 25123.3, 25159 and 25159.5, Health and Safety Code;2005 Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66264.90. Applicability.
 (a) The regulations in this article apply to owners or operators of permitted hazardous waste facilities. A surface impoundment, waste pile, land treatment unit or landfill that receives or has received hazardous waste after July 26, 1982 shall comply with the requirements of this article for purposes of detecting, characterizing, and responding to releases to groundwater, surface water or the unsaturated zone. The Department shall require an owner or operator of a surface impoundment, waste pile, land treatment unit or landfill that ceased receiving hazardous waste by July 26, 1982 to comply with the requirements of this article if the Department determines that constituents in or derived from waste placed in the surface impoundment, waste pile, land treatment unit or landfill may pose a threat to human health or the environment. A surface impoundment, waste pile, land treatment unit or landfill required to comply with the provisions of this article is hereinafter referred to as a "regulated unit."
(b) The facility permit shall contain assurances of financial responsibility for completing corrective action for all releases from any regulated unit at the facility.
(c) The regulations under this article apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this article apply during the postclosure care period under section 66264.117 of article 7 of this chapter and during any compliance period under section 66264.96 unless:
(1) the regulated unit has been in compliance with the water quality protection standard for a period of three consecutive years; and
(2) all waste, waste residues, contaminated containment system components, contaminated subsoils and all other contaminated geologic materials are removed or decontaminated at closure.
(d) Regulations in this article apply to miscellaneous units when necessary to comply with sections 66264.601 through 66264.603 of article 16 of this chapter.
(e) For all regulated units which are operating, have operated or have received all permits necessary for construction or operation on or before July 1, 1991, the owner or operator shall prepare an application for a permit modification pursuant to chapter 21 of this division to establish monitoring programs that comply with the provisions of this article and submit this application to the Department within 180 days of July 1, 1991. The owner or operator of such regulated units shall begin any necessary construction within 30 days of receiving approval from the Department and shall implement the approved monitoring programs according to a schedule of compliance established by the Department.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.90. 
  
 



s 66264.91. Required Programs.
 (a) An owner or operator subject to this article shall conduct a monitoring and response program for each regulated unit at the facility as follows:
(1) the owner or operator shall institute a detection monitoring program under section 66264.98 except as required under subsections (a)(2), (a)(3) and (a)(4) of this section;
(2) the owner or operator shall institute an evaluation monitoring program under section 66264.99 whenever there is statistically significant evidence of a release, pursuant to section 66264.98(g) or (i), from the regulated unit during a detection monitoring program;
(3) the owner or operator shall institute an evaluation monitoring program under section 66264.99 whenever there is significant physical evidence of a release from the regulated unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil coloration, visible signs of leachate migration, unexplained water table mounding beneath or adjacent to the regulated unit, and any other change to the environment that could reasonably be expected to be the result of a release from the regulated unit; and
(4) the owner or operator shall institute a corrective action program under section 66264.100 when the Department determines pursuant to section 66264.99 that the assessment of the nature and extent of the release and the design of the corrective action program have been satisfactorily completed and the Department approves the application for a permit modification for corrective action submitted by the owner or operator during an evaluation monitoring program pursuant to section 66264.99(d) or section 66265.99(d).
(b) The Department shall specify in the facility permit the specific elements of each monitoring and response program. For each regulated unit, the Department shall include one or more of the programs identified in subsection (a) of this section in the facility permit as may be necessary to protect human health or the environment and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Department shall consider the potential adverse effects on human health or the environment that might occur before final administrative action on a permit modification application to incorporate such a program could be taken.
(c) In conjunction with an evaluation monitoring program or a corrective action program, the owner or operator shall continue to conduct a detection monitoring program under section 66264.98 as necessary to provide the best assurance of the detection of subsequent releases from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.91. 
  
 



s 66264.92. Water Quality Protection Standard.
 (a) For each regulated unit, the Department shall establish a water quality protection standard in the facility permit. This water quality protection standard shall consist of the list of constituents of concern under section 66264.93, the concentration limits under section 66264.94, and the point of compliance and all monitoring points under section 66264.95. This water quality protection standard shall apply during the active life of the regulated unit, the post-closure care period under section 66264.117 of article 7 of this chapter, and any compliance period under section 66264.96.
(b) If an owner or operator is conducting a detection monitoring program in conjunction with an evaluation monitoring program or a corrective action program for a regulated unit pursuant to section 66264.91(c), the Department may establish separate water quality protection standards for each program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.92. 
  
 



s 66264.93. Constituents of Concern.
For each regulated unit, the Department shall specify in the facility permit the constituents of concern to which the water quality protection standard of section 66264.92 applies. Constituents of concern are the waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.93. 
  
 



s 66264.94. Concentration Limits.
 (a) For each constituent of concern specified pursuant to section 66264.93, the owner or operator shall propose one of the following for each medium (groundwater, surface water and the unsaturated zone) monitored pursuant to section 66264.97:
(1) a concentration limit not to exceed the background value of that constituent as determined under section 66264.97(e)(11)(A);
(2) that the permit include a statement that, at any given time, the concentration limit for that constituent will be equal to the background value of that constituent, as determined pursuant to section 66264.97(e)(11)(B); or
(3) a concentration limit greater than background established pursuant to this section for a corrective action program.
(b) The Department shall review the proposed concentration limits and statements and shall approve, modify or disapprove each proposed limit and each proposed statement. Upon final approval by the Department, each concentration limit and each statement shall be specified in the facility permit. The Department shall only approve different concentration limits for different monitoring points in the same medium where necessary:
(1) to describe background conditions in multiple surface water bodies, multiple aquifers or geochemically dissimiliar zones in the same aquifer;
(2) because the statistical method approved for a constituent uses intrawell comparisons procedures; or
(3) because concentration limits greater than background have been established for a corrective action program at the monitoring points in the zone affected by a release from the regulated unit.
(c) For a corrective action program, the Department shall establish a concentration limit for a constituent of concern that is greater than the background value of that constituent only if the owner or operator demonstrates and the Department finds that it is technologically or economically infeasible to achieve the background value for that constituent and that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the concentration limit greater than background is not exceeded. In making this finding, the Department shall consider the factors specified in subsection (d) of this section, the results of the engineering feasibility study submitted pursuant to section 66264.99(c), data submitted by the owner or operator pursuant to section 66264.99(d)(2) to support the proposed concentration limit greater than background, public testimony on the proposal and any additional data obtained during the evaluation monitoring program.
(d) In establishing a concentration limit greater than background for a constituent of concern, the Department shall consider the following factors:
(1) potential adverse effects on groundwater quality, considering:
(A) the physical and chemical characteristics of the waste in the regulated unit;
(B) the hydrogeologic characteristics of the facility and surrounding land;
(C) the quantity of groundwater and the direction of groundwater flow;
(D) the proximity and withdrawal rates of groundwater users;
(E) the current and potential future uses of groundwater in the area;
(F) the existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality;
(G) the potential for health risks caused by human exposure to waste constituents;
(H) the potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
(I) the persistence and permanence of the potential adverse effects; and
(2) potential adverse effects on surface water quality, considering:
(A) the volume and physical and chemical characteristics of the waste in the regulated unit;
(B) the hydrogeologic characteristics of the facility and surrounding land;
(C) the quantity and quality of groundwater, and the direction of groundwater flow;
(D) the patterns of precipitation in the region;
(E) the proximity of the regulated unit to surface waters;
(F) the current and potential future uses of surface waters in the area;
(G) the existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality;
(H) the potential for health risks caused by human exposure to waste constituents;
(I) the potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
(J) the persistence and permanence of the potential adverse effects.
(3) In making any determination under subsection (d) of this section about the use of groundwater in the area around the facility the Department shall consider any identification of underground sources of drinking water made under 40 CFR chapter 1 section 144.7.
(4) For groundwater, in evaluating risk pursuant to subsection (d) of this section to any biological receptor, the risk shall be evaluated as if exposure would occur at the point of compliance.
(e) In no event shall a concentration limit greater than background established under this section for a constituent of concern exceed any of the following:
(1) other applicable statutes or regulations (e.g., a maximum contaminant level (MCL) for that constituent promulgated under section 141.2 of the Safe Drinking Water Act (40 CFR Part 141 Subpart B) [P.L. 93-523, codified as Subchapter XII of the Public Health Service Act at 42 U.S.C. 300f; regulations establishing MCLs are located in 40 CFR Part 141, Subpart B]);
(2) the lowest concentration that the owner or operator demonstrates and the Department finds is technologically and economically achievable.
(f) Proposals for concentration limits greater than background shall include a demonstration that the aggregate of hazardous constituents in the environment will not result in excessive exposure to a sensitive biological receptor. In the absence of scientifically valid data to the contrary, theoretical risks from chemicals associated with the release from the regulated unit shall be considered additive across all media of exposure, and shall be considered additive for all chemicals having similar toxicological effects or having carcinogenic effects.
(g) A concentration limit greater than background may only be applied during corrective action, or during detection monitoring following corrective action, at monitoring points at which statistically significant evidence of the release has been determined.
(h) When an owner or operator is conducting a detection monitoring program after a corrective action program has been terminated, each concentration limit greater than background shall be re-evaluated during each permit review. If the Department, upon re-evaluation, determines that the concentration of a constituent of concern in groundwater, surface water or the unsaturated zone is lower than its associated concentration limit by a statistically significant amount, the concentration limit for that constituent shall be lowered to reflect current water quality.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.94. 
  
 



s 66264.95. Monitoring Points and the Point of Compliance.
 (a) For each regulated unit, the Department shall specify in the facility permit the point of compliance at which the water quality protection standard of section 66264.92 applies. The point of compliance is a vertical surface, located at the hydraulically downgradient limit of the waste management area that extends through the uppermost aquifer underlying the regulated unit. For each regulated unit, the Department shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 66264.97 at which the water quality protection standard under section 66264.92 applies and at which monitoring shall be conducted.
(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of the regulated unit.
(1) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in the regulated unit.
(2) If the facility contains contiguous regulated units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the units, the waste management area may be described by an imaginary line along the outer boundary of the contiguous regulated units. This provision only applies to contiguous regulated units that have operated or have received all permits necessary for construction and operation before the July 1, 1991.
 
  Note:    Authority cited: Section 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.95. 
  
 



s 66264.96. Compliance Period.
 (a) The Department shall specify in the facility permit the compliance period for each regulated unit. The compliance period is the number of years equal to the active life of the regulated unit (including any waste management activity prior to permitting, and the closure period) and constitutes the minimum period of time during which the owner or operator shall conduct a water quality monitoring program subsequent to a release from the regulated unit.
(b) The compliance period begins each time the owner or operator initiates an evaluation monitoring program meeting the requirements of section 66264.99.
(c) If the owner or operator is engaged in a corrective action program at the scheduled end of the compliance period specified under subsection (a) of this section, the compliance period is extended until the owner or operator can demonstrate that the regulated unit has been in compliance with the water quality protection standard of section 66264.92 for a period of three consecutive years.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.96. 
  
 



s 66264.97. General Water Quality Monitoring and System Requirements.
 (a) The owner or operator shall comply with the requirements of this section for any water quality monitoring program developed to satisfy sections 66264.98, 66264.99 or 66264.100.
(b) Groundwater Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the owner or operator shall establish a groundwater monitoring system for each regulated unit. This groundwater monitoring system shall include:
(A) a sufficient number of background monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66264.98:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance and to allow for the detection of a release from the regulated unit;
2. a sufficient number of monitoring points installed at additional locations and depths to yield groundwater samples from the uppermost aquifer as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and from zones of perched water as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit;
(C) for an evaluation monitoring program under section 66264.99:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance, and at other locations in the uppermost aquifer as necessary, to provide the data needed to evaluate changes in water quality due to the release from the regulated unit; and
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and zones of perched water as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit;
(D) for a corrective action program under section 66264.100 of this article:
1. a sufficient number of monitoring points installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance, and at other locations in the uppermost aquifer as necessary, to provide the data needed to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program; and
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and zones of perched water as necessary to provide the data needed to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(2) The groundwater monitoring system may include background monitoring points that are not hydraulically upgradient of the regulated unit if the owner or operator demonstrates to the satisfaction of the Department that sampling at other monitoring points will provide samples that are representative of the background quality of groundwater or are more representative than those provided by the upgradient monitoring points.
(3) A copy of drillers' logs shall be filed with the Department on Department of Water Resources form DWR 188-Rev 12-86, available from the Department of Water Resources, 3251 S Street, Sacramento, CA 95816-7017, or by phone at (916) 322-7171.
(4) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative groundwater samples.
(6) For each monitoring well the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the surface, entry of contaminants from the unsaturated zone, cross contamination of saturated zones and contamination of samples.
(7) All monitoring wells shall be adequately developed to enable collection of representative groundwater samples.
(c) Surface Water Monitoring System.
(1) The owner or operator shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the regulated unit.
(2) Each surface water monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield samples from each surface water body to represent the quality of the surface water that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66264.98, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body to that provide the best assurance of the earliest possible detection of a release from the regulated unit;
(C) for an evaluation monitoring program under section 66264.99, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data necessary to evaluate changes in water quality due to the release from the regulated unit; and
(D) for a corrective action program under section 66264.100, a sufficient number of monitoring points established at appropriate locations and depths to yield samples that provide the data necessary to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section, the owner or operator shall establish an unsaturated zone monitoring system for each regulated unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that represent the quality of soil-pore liquid that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66264.98, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the best assurance of the earliest possible detection of a release from the regulated unit;
(C) for an evaluation monitoring program under section 66264.99, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit; and
(D) for a corrective action program under section 66264.100, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements as necessary to provide the data needed to evaluate compliance with the water quality protection standard and to evaluate the effectiveness of the corrective action program.
(3) Background monitoring points shall be installed at a background plot having soil characteristics similar to those of the soil underlying the regulated unit.
(4) Liquid recovery types of unsaturated zone monitoring (e.g., the use of lysimeters) are required unless the owner or operator demonstrates to the satisfaction of the Department that such methods of unsaturated zone monitoring cannot provide an indication of a release from the regulated unit. The Department shall require complementary or alternative (non-liquid recovery) types of unsaturated zone monitoring as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit.
(5) Unsaturated zone monitoring is required at all new regulated units unless the owner or operator demonstrates to the satisfaction of the Department that no method for unsaturated zone monitoring can provide any indication of a release from that regulated unit. For a regulated unit that has operated or has received all permits necessary for construction and operation before July 1, 1991, unsaturated zone monitoring is required unless the owner or operator demonstrates to the satisfaction of the Department that either there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existant at that waste management unit or the installation of unsaturated zone monitoring devices would require unreasonable dismantling or relocating of permanent structures.
(6) The owner or operator of a land treatment unit shall comply with the unsaturated zone monitoring and response requirements for that unit in article 13 of this chapter, in addition to the unsaturated zone monitoring requirements of this article.
(e) General Monitoring Requirements.
(1) All monitoring systems shall be designed and certified by a registered geologist or a registered civil engineer.
(2) All monitoring wells and all other borings drilled to satisfy the requirements of this article shall be logged during drilling under the direct supervision of a registered geologist. These logs shall be submitted to the Department upon completion of drilling.
(A) Soil shall be described in the geologic log according to the Unified Soil Classification System as presented in Geotechnical Branch Training Manuals nos. 4, 5 and 6, published by the United States Bureau of Reclamation, January 1986 incorporated by reference in section 66260.11 of this division.
(B) Rock shall be described in the geologic log in a manner appropriate for the purpose of the investigation.
(C) Where possible, the depth and thickness of saturated zones shall be recorded in the geologic log.
(3) If a facility contains contiguous regulated units, separate groundwater monitoring systems are not required for each such unit if the owner or operator demonstrates to the satisfaction of the Department that the water quality monitoring program for each unit will enable the earliest possible detection and measurement of a release from that unit.
(4) The water quality monitoring program shall include consistent sampling and analytical procedures that are designed to ensure that monitoring results provide a reliable indication of water quality at all monitoring points and background monitoring points. At a minimum the program shall include a detailed description of the procedures and techniques for:
(A) sample collection (e.g., purging techniques, sampling equipment and decontamination of sampling equipment);
(B) sample preservation and shipment;
(C) analytical procedures; and
(D) chain of custody control.
(5) The water quality monitoring program shall include appropriate sampling and analytical methods for groundwater, surface water and the unsaturated zone that accurately measure the concentration of each constituent of concern and the concentration or value of each monitoring parameter.
(6) For each regulated unit, the owner or operator shall collect all data necessary for selecting the appropriate statistical method pursuant to subsections (e)(7), (e)(8) and (e)(9) of this section and for establishing the background values pursuant to subsection (e)(11) of this section. At a minimum, this data shall include analytical data obtained during quarterly sampling of all background monitoring points for a period of one year, including the times of expected highest and lowest annual elevations of the groundwater surface. For a new regulated unit, this data shall be collected before wastes are discharged at the unit and background soil pore liquid data shall be collected from beneath the unit before the unit is constructed.
(7) Based on data collected pursuant to subsection (e)(6) of this section, the owner or operator shall propose one of the statistical methods specified in subsection (e)(8) of this section for each constituent of concern and for each monitoring parameter. These methods, upon approval by the Department, shall be specified in the facility permit and shall be used in evaluating water quality monitoring data. The specifications for each statistical method shall include a detailed description of the criteria to be used for determining statistically significant evidence of any release from the regulated unit and for determining compliance with the water quality protection standard. Each statistical test specified for a particular constituent of concern or monitoring parameter shall be conducted separately for that constituent of concern or monitoring parameter at each monitoring point. Where practical quantitation limits are used in any of the following statistical methods to comply with subsection (e)(9)(E) of this section, the practical quantitation limit shall be proposed by the owner or operator for approval by the Department. The owner or operator shall demonstrate that use of the proposed statistical methods will be protective of human health and the environment and will comply with the performance standards outlined in subsection (e)(9) of this section.
(8) The owner or operator shall propose one of the following statistical methods:
(A) a parametric analysis of variance (ANOVA) followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's mean and the background mean value for each constituent of concern or monitoring parameter;
(B) an ANOVA based on ranks followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's median and the background median values for each constituent of concern or monitoring parameter;
(C) a tolerance or prediction interval procedure in which an interval for each constituent of concern or monitoring parameter is established from the distribution of the background data, and the value for each constituent of concern or monitoring parameter at each monitoring point is compared to the upper tolerance or prediction limit;
(D) a control chart approach that gives control limits for each constituent of concern or monitoring parameter; or
(E) another statistical test method submitted by the owner or operator for approval by the Department including, but not limited to, any statistical method which includes a procedure to verify that there is statistically significant evidence of a release from the regulated unit. If the statistical test method includes a verification procedure, this procedure shall consist of either a single composite retest (i.e., a statistical analysis of the original data combined with newly-acquired data from the monitoring point at which evidence of a release has been indicated) or shall consist of at least two discrete retests (i.e., statistical analyses which analyze only newly-acquired data from the monitoring point at which evidence of a release has been indicated). The verification procedure shall comply with the following requirements in addition to the statistical performance standards under subsection (e)(9) of this section.
1. If the verification procedure consists of discrete retests, rejection of the null hypothesis for any one of the retests shall be considered confirmation of significant evidence of a release.
2. The number of additional samples collected and analyzed for use in the verification procedure shall be appropriate for the form of statistical test specified in the facility permit for that constituent of concern or monitoring parameter pursuant to subsection (e)(7) of this section. This number shall be greater than or equal to the number of samples specified in the facility permit for that constituent of concern or monitoring parameter pursuant to subsection (e)(12)(A) of this section.
3. If resampling at the interval identified for use in the initial statistical test pursuant to subsection (e)(12)(B) of this section would cause the entire resampling effort to take longer than 30 days, the sampling interval for use in the verification procedure shall be reduced to ensure that all samples are collected and submitted for laboratory analysis within 30 calendar days from the time that the owner or operator determines statistically significant evidence of a release pursuant to subsection 66264.98(g) or (i).
4. For a verification procedure consisting of a composite retest, the statistical verification procedure shall be based on all data obtained from the initial sampling event combined with all data obtained during the resampling event. For a verification procedure containing discrete retests, each retest shall analyze data obtained during its respective resampling event(s) and no data shall be shared between retests.
5. For a verification procedure consisting of a composite retest, the statistical test method used in the verification procedure shall be the same as the method used in the initial statistical comparison, except that the statistical test used in the verification procedure shall be conducted at a Type I error level of no less than 0.05 for both the experiment-wise analysis (if any) and the individual monitoring point comparisons; therefore, if a control chart approach is used to evaluate water quality monitoring data, the upper limit on an X-Bar or R-Chart must be set at no more than 1.645 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 1.96 standard deviations of the statistic plotted for a two-sided statistical comparison.
6. For a verification procedure consisting of discrete retests, the statistical method used shall be the same as the method used in the initial statistical comparison. Notwithstanding any provision of subsection (e)(9) of this section, the critical value for the tests shall be chosen so that the Type I error rate for all individual monitoring point comparisons is the same, whether for an initial test or for a retest, and is equal-to-or-greater-than either
(1-0.95<<super>>1/(mws)) 0.5x (1/r) 0.5 or
1-(.99)<<super>>1/6
whichever is larger, where: m = the number of monitoring parameters; w = the number of monitoring points at the waste management units; s = the number of times that suites of monitoring data from the waste management unit are subjected to initial statistical analysis within a period of six months (i.e., s > 1); and r = the number of discrete retests that are to be conducted at a monitoring point whose initial statistical analysis for a given constituent of concern or monitoring paramenter has indicated the presence of a release (i.e., r > 2).
7. The owner or operator shall report to the Department by certified mail the results of both the initial statistical test and the results of the verification procedure as well as all concentration data collected for use in these tests within seven days of the last laboratory analysis of the samples collected for the verification procedure.
8. The verification procedure shall only be performed for the constituent(s) which has shown statistically significant evidence of a release, and shall only be performed for that (those) monitoring point at which a release has been indicated.
(9) Each statistical method chosen under subsection (e)(7) of this section for specification in the facility permit shall comply with the following performance standards for each six-month period.
(A) The statistical method used to evaluate water quality monitoring data shall be appropriate for the distribution of the constituent of concern or monitoring parameter to which it is applied and shall be the least likely of the appropriate methods to fail to identify a release from the regulated unit. If the distribution of a constituent of concern or monitoring parameter is shown by the owner or operator to be inappropriate for a normal theory test, then the data shall be either transformed so that the distribution of the transformed data is appropriate for a normal theory test or a distribution-free theory test shall be used. If the distributions for the constituents of concern or monitoring parameters differ, more than one statistical method may be needed.
(B) If an individual monitoring point comparison procedure is used to compare an individual monitoring point constituent concentration or monitoring parameter value with a concentration limit in the water quality protection standard or with a background monitoring parameter value, the test shall be done at a Type I error level no less than 0.01. If a multiple comparisons procedure is used, the Type I experiment-wise error rate shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual monitoring point comparison shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts.
(C) If a control chart approach is used to evaluate water quality monitoring data, the specific type of control chart and its associated statistical parameter values (e.g., the upper control limit) shall be proposed by the owner or operator and approved by the Department if the Department finds it to be protective of human health and the environment. Any control charting procedure must have a false-positive rate of no less than one percent for each monitoring point charted (e.g., upper control limits on X-bar or R-charts, used only once every six months, must be set at no more than 2.327 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 2.576 standard deviations of the statistic plotted for a two-sided statistical comparison).
(D) If a tolerance interval or a prediction interval is used to evaluate water quality monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain shall be proposed by the owner or operator and approved by the Department if the Department finds these statistical parameters to be protective of human health and the environment. These statistical parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentrations or values for each constituent of concern or monitoring parameter. The coverage of any tolerance interval used must be no more than 95 percent and the confidence coefficient must be no more than 95 percent for a six-month period. Prediction intervals shall be constructed with an experimentwise error rate of no less than five percent and an individual monitoring point error rate of no less than one percent.
(E) The statistical method shall account for data below the practical quantitation limit with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit approved by the Department pursuant to subsection (e)(7) of this section that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the facility permit for routine laboratory operating conditions that are available to the facility. The Department shall consider the practical quantitation limits listed in Appendix IX to chapter 14 for guidance purposes when specifying limits of precision and accuracy in the facility permit.
(F) If necessary, the statistical methods shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
(G) Any quality control procedure that is approved by the Department for application to water quality data from downgradient monitoring points for a monitored medium shall also be applied to all newly-acquired background data from that medium. Any newly-acquired background monitoring datum that is rejected by an approved quality control procedure shall be maintained in the facility record but shall be excluded from use in statistical comparisons with downgradient water quality data.
(10) Based on the data collected pursuant to subsection (e)(6) of this section and the statistical methods proposed under subsection (e)(7) of this section, the owner or operator shall propose and justify the use of a procedure for determining a background value for each constituent of concern and for each monitoring parameter specified in the facility permit. These procedures shall be proposed for groundwater, surface water and the unsaturated zone. The owner or operator shall propose one of the following for approval by the Department:
(A) a procedure for determining the background value for each constituent or parameter that does not display appreciable natural variation; or
(B) a procedure for establishing and updating the background value for a constituent or parameter to reflect changes in the background water quality if the use of contemporaneous or pooled data provides the greatest power to the statistical method for that constituent or paramenter.
(11) Upon approval of the procedures for determining background values proposed pursuant to subsection (e)(10) of this section, the Department shall specify in the facility permit one of the following for each constituent of concern and for each monitoring parameter:
(A) the background value established by the owner or operator using the procedure proposed pursuant to subsection (e)(10)(A) of this section; or
(B) a detailed description of the procedure to be used by the owner or operator for establishing and updating the background value as proposed pursuant to subsection (e)(10)(B) of this section.
(12) For each constituent of concern and monitoring parameter listed in the facility permit, the owner or operator shall propose, for approval by the Department, the sampling methods to be used to establish background values and the sampling methods to be used for monitoring pursuant to this article. Upon final approval by the Department, sampling methods consistent with the following shall be specified in the facility permit.
(A) The number and kinds of samples collected shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that:
1. for a detection monitoring program, a release from the regulated unit will be detected;
2. for an evaluation monitoring program, changes in water quality due to a release from the regulated unit will be recognized; and
3. for a corrective action program, compliance with the water quality protection standard and effectiveness of the corrective action program will be determined.
(B) The sampling method (including the sampling freqency and the interval of time between successive samples) shall be appropriate for the medium from which samples are taken (e.g., groundwater, surface water and soil-pore liquid). The sampling method shall include either:
1. a sequence of at least four samples collected at least semiannually from each monitoring point and each background monitoring point and statistical analysis performed at least semi-annually. Samples shall be taken at an interval that assures, to the greatest extent possible, that an independent sample is obtained. The Department shall require more frequent sampling and statistical analysis when necessary to protect human health and the environment. For groundwater, the sampling frequency and the interval between successive sampling events shall be based upon the rate of groundwater flow, and upon any variation in groundwater flow rate and direction. The rate of groundwater movement shall be calculated by reference to the aquifer's effective porosity, hydraulic conductivity and hydraulic gradient; or
2. an alternate sampling method. The alternate method shall provide for the collection of not less than one sample quarterly from each monitoring point and background monitoring point and statistical analysis performed at least quarterly.
(13) The groundwater portion of the monitoring program shall include an accurate determination of the groundwater surface elevation and field parameters (temperature, electrical conductivity, turbidity and pH) at each well each time groundwater is sampled.
(14) The owner or operator shall graph all analytical data from each monitoring point and background monitoring point and shall submit these graphs to the Department at least annually. Unless the owner or operator receives written approval from the Department to use an alternate procedure, each graph shall represent data from one monitoring point or background monitoring point and one constituent of concern or monitoring parameter. Graphs shall be at a scale appropriate to show trends or variations in water quality. All graphs for a given constituent shall be plotted at the same scale to facilitate visual comparison of monitoring data.
(15) In addition to the water quality sampling conducted pursuant to the requirements of this article, the owner or operator shall measure the water level in each well and determine groundwater flow rate and direction in the uppermost aquifer and in any zones of perched water and in any additional aquifers monitored pursuant to subsection (b)(1) of this section at least quarterly, including the times of expected highest and lowest elevations of the water levels in the wells.
(16) Water quality monitoring data collected in accordance with this article, including actual values of constituents and parameters, shall be maintained in the facility operating record. The Department shall specify in the permit when the data shall be submitted for review.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.97. 
  
 



s 66264.98. Detection Monitoring Program.
 (a) An owner or operator required, pursuant to section 66264.91, to establish a detection monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall install water quality monitoring systems that are appropriate for detection monitoring and that comply with the provisions of section 66264.97.
(c) The owner or operator shall establish a background value pursuant to section 66264.97(e)(11) for each monitoring parameter specified under subsection (e) of this section and for each constituent of concern specified under section 66264.93.
(d) The Department shall specify the water quality protection standard under section 66264.92 in the facility permit.
(e) The owner or operator shall propose for approval by the Department a list of monitoring parameters for each medium (groundwater, surface water, and the unsaturated zone) to be monitored pursuant to section 66264.97. The list for each medium shall include those physical parameters, hazardous constituents, waste constituents and reaction products that provide a reliable indication of a release from the regulated unit to that medium. The Department shall specify each list of monitoring parameters in the facility permit after considering the following factors:
(1) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(2) the expected or demonstrated correlation between the proposed monitoring parameters and the constituents of concern specified for the unit under section 66264.93;
(3) the mobility, stability and persistence of waste constituents or their reaction products;
(4) the detectability of physical parameters, waste constituents and reaction products; and
(5) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone.
(f) The owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the facility permit pursuant to subsection (e) of this section. The Department shall specify the frequencies for collecting samples and conducting statistical analyses pursuant to section 66264.97(e)(12). For groundwater, sampling shall be scheduled to include the times of expected highest and lowest annual elevations of the groundwater surface.
(g) In addition to monitoring for the monitoring parameters specified under subsection (e) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the facility permit and determine whether there is statistically significant evidence of a release for any constituent of concern using the statistical procedure specified pursuant to section 66264.97(e)(7). The Department shall specify in the facility permit the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years.
(h) The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the determination of statistical significance under subsections (g) and (i) of this section.
(i) For each monitoring point, the owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit for any monitoring parameter specified in the permit pursuant to subsection (e) of this section at a frequency specified pursuant to subsection (f) of this section.
(1) In determining whether statistically significant evidence of a release from the regulated unit exists, the owner or operator shall use the method(s) specified in the permit under section 66264.97(e)(7). This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data.
(2) The owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit at each monitoring point within a reasonable period of time after completion of sampling. The Department shall specify in the facility permit what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.
(3) The provisions of this section shall not preclude the Department from making an independent finding that there is statistically significant evidence of a release from the regulated unit. If the Department makes such a finding, the owner or operator shall comply with the provisions of this section that are required in response to statistically significant evidence of a release from the regulated unit.
(j) If the owner or operator determines pursuant to subsection (g) or (i) of this section that there is statistically significant evidence of a release from the regulated unit for any monitoring parameter or constituent of concern at any monitoring point, the owner or operator:
(1) shall notify the Department of the finding by certified mail within seven days of such determination. The notification shall identify for each affected monitoring point the monitoring parameters and constituents of concern that have indicated statistically significant evidence of a release from the regulated unit; and
(2) may immediately initiate a procedure to verify that there is statistically significant evidence of a release from the regulated unit for a parameter or constituent which has indicated a release at a monitoring point if that verification procedure has been specified for that constituent or parameter in the facility permit pursuant to section 66264.97(e)(8)(E).
(k) If the resampling pursuant to subsection (j)(2) of this section confirms that there is statistically significant evidence of a release from the regulated unit or if the owner or operator does not resample pursuant to subsection (j)(2) of this section, then the owner or operator shall do the following.
(1) For that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsatuated zone) and determine the concentration of all constituents of concern.
(2) For that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) and determine whether constituents in the list of Appendix IX to chapter 14 are present, and if so, in what concentration(s).
(3) For any Appendix IX constituents found in the analysis pursuant to subsection (k)(2) of this section that are not specified in the list of constituents of concern for that unit, the owner or operator may resample within one month and repeat the analysis for those constituents. Each constituent detected in both analyses shall be added to the list of constituents of concern specified in the facility permit for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample for the constituents found pursuant to subsection (k)(2) of this section, the constituents found during this initial Appendix IX analysis will be added to the list of constituents of concern specified in the facility permit for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit.
(4) For each Appendix IX constituent added to the list of constituents of concern pursuant to subsection (k)(3) of this section, the owner or operator shall:
(A) collect all data necessary for establishing the background concentration for that constituent and for selecting an appropriate statistical procedure pursuant to section 66264.97(e)(6);
(B) propose an appropriate statistical procedure pursuant to section 66264.97(e)(7);
(C) propose a procedure to establish the background concentration for that constituent pursuant to section 66264.97(e)(10); and
(D) establish the background concentration pursuant to section 66264.97(e)(11).
(5) Within 90 days of determining statistically significant evidence of a release, the owner or operator shall submit to the Department an application for a permit modification to establish an evaluation monitoring program meeting the provisions of section 66264.99. The application shall include the following information:
(A) an identification of the concentration of each constituent of concern at each monitoring point as determined during the most recent sampling events, and an identification of the concentration of each Appendix IX constituent at each monitoring point for the regulated unit in the affected medium (groundwater, surface water or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at the facility necessary to meet the requirements of section 66264.99;
(C) any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods or statistical methods used at the facility necessary to meet the requirements of section 66264.99;
(D) a detailed description of the measures to be taken by the owner or operator to assess the nature and extent of the release from the regulated unit.
(6) Within 180 days of determining statistically significant evidence of a release, the owner or operator shall submit to the Department an engineering feasibility study for a corrective action program necessary to meet the requirements of section 66264.100. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern.
(7) If the owner or operator determines, pursuant to subsection (g) or (i) of this section, that there is statistically significant evidence of a release from the regulated unit at any monitoring point, the owner or operator may demonstrate that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in the groundwater, surface water or the unsaturated zone. The owner or operator may make a demonstration pursuant to this subsection in addition to, or in lieu of, submitting both a permit modification application pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the owner or operator is not relieved of the requirements specified in subsections (k)(5) and (k)(6) of this section unless the demonstration made under this subsection successfully shows that a source other than the regulated unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone. In making a demonstration pursuant to this subsection, the owner or operator shall:
(A) within seven days of determining statisically significant evidence of a release, notify the Department by certified mail that the owner or operator intends to make a demonstration pursuant to this subsection;
(B) within 90 days of determining statistically significant evidence of a release, submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence, or that the evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone;
(C) within 90 days of determining statistically significant evidence of a release, submit to the Department an application for a permit modification to make any appropriate changes to the detection monitoring program; and
(D) continue to monitor in accordance with the detection monitoring program established under this section.
( l) If the owner or operator determines that there is significant physical evidence of a release as described in section 66264.91(a)(3) or that the detection monitoring program does not satisfy the requirements of this section, the owner or operator shall:
(1) notify the Department by certified mail within seven days of such determination; and
(2) within 90 days of such determination, submit an application for a permit modification to make any appropriate changes to the program.
(m) Any time the Department determines that the detection monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days after receipt of such notification by the Department, submit an application for a permit modification to make any appropriate changes to the program.
(n) For any regulated unit for which a detection monitoring program is established after the successful completion of a corrective action program pursuant to section 66264.100(g):
(1) the Department shall include in the list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) all hazardous constituents that have been detected in that medium due to a release from that regulated unit;
(2) the owner or operator shall analyze samples from all groundwater monitoring points at the point of compliance for that regulated unit and determine the concentration of each constituent contained in Appendix IX to chapter 14 at least annually during any remaining years of the compliance period. If the owner or operator finds either an Appendix IX constituent at a concentration above the concentration limit established in the permit for that constituent or one that is not already identified in the permit as a monitoring parameter, the owner or operator may resample within one month of the original sample and repeat the analysis for those constituents. If the owner or operator does not resample, or if the resampling confirms that the concentration limit for a constituent has been exceeded or that a new constituent is present:
(A) the owner or operator shall report the concentration of each such constituent to the Department within seven days of the latest analysis;
(B) the Department shall add each such constituent to the list of monitoring parameters specified in the facility permit for groundwater unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit; and
(C) if a constituent is added to the list of monitoring parameters pursuant to subsection (n)(2)(B) of this section, the owner or operator shall immediately collect samples and conduct statistical tests for each monitoring parameter to determine whether there is statistically significant evidence of a release from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150, and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.98. 
  
 



s 66264.99. Evaluation Monitoring Program.
 (a) An owner or operator required pursuant to section 66264.91 to establish an evaluation monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit. The evaluation monitoring program shall be used to assess the nature and extent of the release from the regulated unit and to design a corrective action program meeting the requirements of section 66264.100.
(b) The owner or operator shall collect and analyze all data necessary to assess the nature and extent of the release from the regulated unit. This assessment shall include a determination of the spatial distribution and concentration of each constituent of concern throughout the zone affected by the release. The owner or operator shall complete and submit this assessment to the Department within 90 days of establishing an evaluation monitoring program.
(c) Based on the data collected pursuant to subsections (b) and (e) of this section, the owner or operator shall update the engineering feasibility study required under section 66264.98(k)(6). The owner or operator shall submit this engineering feasibility study to the Department within 90 days of establishing an evaluation monitoring program.
(d) Based on the data collected pursuant to subsections (b) and (e) of this section and on the engineering feasibility study submitted pursuant to subsection (c) of this section, the owner or operator shall submit an application for a permit modification to establish a corrective action program meeting the requirements of section 66264.100. The owner or operator shall submit this application for a permit modification to the Department within 90 days of establishing an evaluation monitoring program. The application shall at a minimum include the following information:
(1) a detailed assessment of the nature and extent of the release from the regulated unit;
(2) a proposed water quality protection standard, including any proposed concentration limits greater than background under section 66264.94, and all data necessary to justify each such limit;
(3) a detailed description of proposed corrective action measures that will be taken to achieve compliance with the water quality protection standard proposed for a corrective action program; and
(4) a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.
(e) In conjunction with the assessment conducted pursuant to subsection (b) of this section, and while awaiting final approval of the application for a permit modification submitted pursuant to subsection (d) of this section, the owner or operator shall monitor groundwater, surface water and the unsaturated zone to evaluate changes in water quality resulting from the release from the regulated unit. In conducting this monitoring, the owner or operator shall comply with the following requirements:
(1) the owner or operator shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 66264.97. These water quality monitoring systems may include all or part of existing monitoring systems;
(2) the owner or operator shall propose for approval by the Department a list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) to be monitored pursuant to section 66264.97. The list for each medium shall include all hazardous constituents that have been detected in that medium and shall include those physical parameters, waste constituents and reaction products that provide a reliable indication of changes in water quality resulting from the release from the regulated unit to that medium. The Department shall specify each list of monitoring parameters in the facility permit after considering the following factors:
(A) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(B) information that demonstrates, to the satisfaction of the Department, a sufficient correlation between the proposed monitoring parameters and the constituents of concern specified for the unit;
(C) the mobility, stability and persistence of waste constituents or their reaction products;
(D) the detectability of physical parameters, waste constituents and reaction products; and
(E) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone;
(3) the owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the facility permit pursuant to subsection (e)(2) of this section. The Department shall specify in the facility permit the frequencies for collecting samples and for conducting statistical analyses pursuant to section 66264.97(e)(12) to evaluate changes in water quality due to the release from the regulated unit. For groundwater, sampling shall be scheduled to include the times of expected highest and lowest annual elevations of the groundwater surface;
(4) in addition to monitoring for the monitoring parameters specified pursuant to subsection (e)(2) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the facility permit and evaluate changes in water quality due to the release from the regulated unit. The Department shall specify the frequencies for monitoring pursuant to this subsection after considering the degree of certainty associated with the demonstrated correlation between values for monitoring parameters and values for the constituents of concern;
(5) the owner or operator shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with section 66264.97(e)(12). The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to the release from the regulated unit;
(6) the owner or operator shall analyze samples from all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) for all constituents contained in Appendix IX to chapter 14 at least annually to determine whether additional hazardous constituents are present and, if so, at what concentration(s). If the owner or operator finds Appendix IX constituents in the groundwater, surface water or the unsaturated zone that are not already identified in the permit as constituents of concern, the owner or operator may resample within one month and repeat the analysis for those constituents. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the Department by certified mail within seven days after the completion of the second analysis and the Department shall add them to the list of constituents of concern specified in the facility permit unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample, then the owner or operator shall report the concentrations of these additional constituents to the Department by certified mail within seven days after completion of the initial analysis and the Department shall add them to the list of constituents of concern specified in the facility permit unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit; and
(7) while awaiting final approval of the application for a permit modification to establish a corrective action program, the owner or operator shall evaluate all water quality data obtained pursuant to subsection (e) of this section with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the owner or operator shall:
(A) notify the Department by certified mail within seven days of such determination; and
(B) within 90 days of such determination, submit for approval by the Department any appropriate changes to the application for a permit modification.
(f) If the owner or operator demonstrates to the satisfaction of the Department that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in groundwater, surface water or the unsaturated zone, the owner or operator shall submit an application for a permit modification to reinstitute a detection monitoring program meeting the requirements of section 66264.98. This application shall include specifications for all appropriate changes to the monitoring program. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department by certified mail that the owner or operator intends to make a demonstration pursuant to this subsection;
(2) submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence of a release or that the evidence resulted from error in sampling, analysis or evaluation, or from natural variation in groundwater, surface water or the unsaturated zone; and
(3) continue to monitor in accordance with the evaluation monitoring program established pursuant to this section until the permit is modified.
(g) The Department shall require interim corrective action measures where necessary to protect human health or the environment.
(h) If the owner or operator determines that the evaluation monitoring program does not satisfy the requirements of this section, the owner or operator shall, within 90 days, submit an application for a permit modification to make any appropriate changes to the program.
(i) Any time the Department determines that the evaluation monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days of such notification by the Department, submit an application for a permit modification to make appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, and 25159.5, Health and Safety Code; 40 CFR Section 264.99. 
  
 



s 66264.100. Corrective Action Program.
 (a) An owner or operator required pursuant to section 66264.91 to establish a corrective action program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall take corrective action to remediate releases from the regulated unit and to ensure that the regulated unit achieves compliance with the water quality protection standard under section 66264.92. The Department shall specify the water quality protection standard for corrective action in the facility permit.
(c) The owner or operator shall implement corrective action measures that ensure that constituents of concern achieve their respective concentration limits at all monitoring points and throughout the zone affected by the release, including any portions of the affected zone that extend beyond the facility boundary, by removing the waste constituents or treating them in place. The owner or operator shall take other action specified by the Department to prevent noncompliance with those limits due to a continued or subsequent release from the regulated unit including, but not limited to, source control. The permit shall specify the specific measures that will be taken.
(d) In conjunction with the corrective action measures, the owner or operator shall establish and implement a water quality monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for an evaluation monitoring program under section 66264.99, and shall be effective in determining compliance with the water quality protection standard under section 66264.92 and in determining the success of the corrective action measures under subsection (c) of this section.
(e) Corrective action measures taken pursuant to this section shall be initiated and completed by the owner or operator within a period of time specified by the Department in the facility permit.
(f) Corrective action measures taken pursuant to this section may be terminated when the owner or operator demonstrates to the satisfaction of the Department that the concentrations of all constituents of concern are reduced to levels below their respective concentration limits.
(g) After terminating the corrective action measures pursuant to subsection (f) of this section, the owner or operator shall remain in the corrective action program until:
(1) the owner or operator demonstrates to the satisfaction of the Department that the regulated unit is in compliance with the water quality protection standard. This demonstration shall be based on the results of sampling and analysis for all constituents of concern for a period of one year; and
(2) the owner or operator submits and the Department approves an application for a permit modification to establish a detection monitoring program meeting the requirements of section 66264.98.
(h) The owner or operator shall report, in writing, to the Department on the effectiveness of the corrective action program. The owner or operator shall submit these reports at least semiannually. More frequent reporting shall be required by the Department as necessary to ensure the protection of human health or the environment.
(i) If the owner or operator determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of making the determination, submit an application for a permit modification to make any appropriate changes to the program.
(j) Any time the Department determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of notification of such determination by the Department, submit an application for a permit modification to make any appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, and 25159.5, Health and Safety Code; 40 CFR Section 66264.100. 
  
 



s 66264.101. Corrective Action for Waste Management Units.
 (a) The owner or operator of a facility seeking a permit for the transfer, treatment, storage, or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid or hazardous waste management unit at the facility, regardless of the time at which waste was placed in such unit.
(b) Corrective action will be specified in the permit or order in accordance with this article, article 15.5, or article 17, and Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201. The permit or order will contain schedules of compliance for such corrective action (where such corrective action cannot be completed prior to issuance of the permit) and assurances of financial responsibility for completing such corrective action.
(c) The owner or operator shall implement corrective actions beyond the facility boundary, where necessary to protect human health or the environment, unless the owner or operator demonstrates to the satisfaction of the Department, that despite the owner or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake such actions. The owner or operator is not relieved of all responsibility to cleanup a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address such release will be determined on a case-by-case basis. Assurance of financial responsibility for such corrective action shall be provided.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25355.5, 25356.9, 25358.3, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159.5, 25187, 25200, 25200.10, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.101. 
  
 



s 66264.110. Applicability.
Except as section 66264.1 provides otherwise:
(a) sections 66264.111 through 66264.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and
(b) sections 66264.116 through 66264.120 (which concern post-closure care) apply to the owners and operators of:
(1) all hazardous waste disposal facilities;
(2) waste piles and surface impoundments from which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to such facilities in sections 66264.228 or 66264.258;
(3) tank systems that are required under section 66264.197 to meet the requirements for landfills; and
(4) containment buildings that are required under section 66264.1102 to meet the requirement for landfills.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245, 25246 and 58012, Health and Safety Code; 40 CFR Section 264.110. 
  
 



s 66264.111. Closure Performance Standard.
The owner or operator shall close the facility in a manner that:
(a) minimizes the need for further maintenance; and
(b) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated rainfall or run-off, or waste decomposition products to the ground or surface waters or to the atmosphere; and
(c) complies with the closure requirements of this chapter including, but not limited to, the requirements of sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351,  66264.601 through 66264.603, and 66264.1102.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 264.111. 
  
 



s 66264.112. Closure Plan; Amendment of Plan.
 (a) Written plan.
(1) The owner or operator of a hazardous waste management facility shall have a written closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to re-move or decontaminate the hazardous waste at partial or final closure are required by sections 66264.228(c)(1)(A) and 66264.258(c)(1)(A) to have contingent closure plans. The plan shall be submitted with the permit application, in accordance with section 66270.14(b)(13) of this division, or when otherwise requested by the Department. The plan shall be approved by the Department as part of the permit issuance procedures un-der chapter 21 of this division. In accordance with section 66270.32 of this division, the approved closure plan will become a condition of any permit.(2) The Department's approval of the plan shall ensure that the approved closure plan is consistent with sections 66264.111 through 66264.115 and the applicable requirements of article 6 of this chapter and sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 and 66264.1102. Until final closure is completed and certified in accordance with section 66264.115, a copy of the approved plan and all approved revisions shall be kept at the facility and furnished to the Department upon request, including request by mail.(b) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility at any point during its active life and to perform final closure of the facility at the end of its active life. The closure plan shall include, at least:(1) a description of how and when each hazardous waste management unit at the facility will be closed in accordance with section 66264.111;(2) a description of how and when final closure of the facility will be conducted in accordance with section 66264.111. The description shall identify the maximum extent of the operations which will be unclosed during the active life of the facility;(3) an estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial closures and final closure, including, but not limited to, methods for removing, transporting, treating, storing, or disposing of all hazardous wastes, and identification of the type(s) of the off-site hazardous waste management units to be used, if applicable;(4) a detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure, including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination required to satisfy the closure performance standard;(5) a detailed description of other activities necessary during the closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, ground-water monitoring, leachate collection, and run-on and run-off control; (6) a schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included); (7) an estimate of the expected year of final closure.(c) Amendment of plan. The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved closure plan in accordance with the applicable procedures in chapters 20 and 21 of this division. The written notification request shall include a copy of the amended closure plan for review or approval by the Department.(1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the closure plan at any time prior to the notification of partial or final closure of the facility.(2) The owner or operator shall submit a written notification or request for a permit modification to authorize a change in the approved closure plan whenever:(A) changes in operating plans or facility design affect the closure plan, or(B) there is a change in the expected year of closure, or(C) in conducting partial or final closure activities, unexpected events require a modification of the approved closure plan.(3) The owner or operator shall submit a written request for a permit modification including a copy of the amended closure plan for approval at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall request a permit modification no later than 30 days after the unexpected event. The Department will approve, disapprove, or modify this amended plan in accordance with the procedures in chapters 20 and 21 of this division. In accordance with section 66270.32 of this division, the approved closure plan will become a condition of any permit issued.
(4) The Department may request modifications to the plan under the conditions described in section 66264.112(c)(2). The owner or operator shall submit the modified plan within 60 days of the Department's request, or within 30 days if the change in facility conditions occurs during partial or final closure. Any modifications requested by the Department will be approved in accordance with the procedures in chapters 20 and 21 of this division.
(d) Notification of partial closure and final closure.
(1) The owner or operator shall notify the Department in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, land treatment or landfill unit, or final closure of a facility with such a unit. The owner or operator shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks or containers used for transfer, treatment or storage, or incinerator units to be closed. The owner or operator shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace, whichever is earlier. The Department may require a longer notice period of up to 180 days for any facility or unit by giving written notice of the longer period if the Department determines that additional time would be required to review and make necessary amendments to the closure plan prior to the initiation of closure. Within 90 days after receiving a notification, the Department may review the closure plan to determine whether any factor has significantly changed since a prior review was undertaken, or determine whether the plan is otherwise adequate or inadequate, and may prescribe additional requirements or request modifications to the plan.
(2) The date when the owner or operator "expects to begin closure" shall be either no later than the date on which any hazardous waste management unit receives the known final volume of hazardous wastes or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. The Department may approve an extension to this one-year limit if the owner or operator of a hazardous waste management unit demonstrates to the satisfaction of the Department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes,the owner or operator has taken, and will continue to take, all steps necessary to comply with all applicable permit requirements, and the extension will not pose a threat to human health and the environment.
(3) For units meeting the requirements of section 66264.113(d), the date when the owner or operator "expects to begin closure" shall be no later than the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the Department that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and threats to the environment, including compliance with all applicable permit requirements, the Department may approve an extension to this one-year limit. A facility operating under the requirements of section 66264.113(d) shall be subject to the facility fee specified in Health and Safety Code, Division 20, section 25205.2(d), until the facility has complied with the requirements of section 66264.113(a). Health and Safety Code, Division 20, section 25205.2(d)(4) shall not apply to a facility operating pursuant to section 66264.113(d).
(4) If the facility's permit is terminated, or if the facility is otherwise ordered, by judicial decree or final order under Health and Safety Code section 25358.3 or article 8 of chapter 6.5 of division 20 of the Health and Safety Code, to cease receiving hazardous wastes or to close, then the requirements of this section do not apply. However, the owner or operator shall close the facility in accordance with the deadlines established in section 66264.113.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25205.2, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.112. 
  
 



s 66264.113. Closure; Time Allowed for Closure.
 (a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at a hazardous waste management unit or facility, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Department may approve a longer period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates to the satisfaction of the Department that:
(1)(A) the activities required to comply with this subsection will, of necessity, take longer than 90 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with subsections (d) and (e) of this section; and
2. there is a reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to comply with all applicable permit requirements and the longer period will not pose a threat to human health and the environment.
(b) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at the hazardous waste management unit or facility. The Department may approve an extension to the closure period if the owner or operator complies with all applicable requirements for requesting a modification to the permit and demonstrates that:
(1)(A) the partial or final closure activities will, of necessity, take longer than 180 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the owner or operator complies with subsections (d) and (e) of this section; and
2. there is reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating, hazardous waste management unit or facility, including compliance with all applicable permit requirements.
(c) The demonstrations referred to in subsections (a) and (b) of this section shall be made as follows:
(1) The demonstrations in subsection (a) of this section shall be made at least 30 days prior to the expiration of the 90-day period in subsection (a); and
(2) the demonstration in subsection (b) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b) of this section, unless the owner or operator is otherwise subject to the deadlines in subsection (d) of this section.
(d) The Department may allow an owner or operator to receive only non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit, if:
(1) The owner or operator requests a permit modification in compliance with all applicable requirements in chapters 20 and 21 of this division and in the permit modification request demonstrates to the Department that:
(A) the unit has the existing design capacity as indicated on the Part A application to receive non-hazardous wastes; and
(B) there is a reasonable likelihood that the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes; and
(C) the non-hazardous wastes will not be incompatible with any remaining wastes in the unit, or with the facility design and operating requirements of the unit or facility under this chapter; and
(D) closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and
(E) the owner or operator is operating and will continue to operate in compliance with all applicable permit requirements of this chapter and with all applicable regulations promulgated by other state agencies governing discharges of hazardous or non-hazardous wastes to land and water, including, but not limited to, regulations promulgated by the California Integrated Waste Management Board and the State Water Resources Control Board; and
(2) The request to modify the permit includes an amended waste analysis plan, monitoring and response program for groundwater, air, soil, and soil-pore gas required under articles 6 and 17 of this chapter, human exposure assessment required under Title 42, U.S.C., Section 6939a, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes, and changes in closure activities, including the expected year of closure, if applicable, under Title 22, CCR, section 66264.112(b)(7), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and
(3) The request to modify the permit includes revisions, as necessary and appropriate, to affected conditions of the permit to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and
(4) The request to modify the permit and the demonstrations referred to in subsections (d)(1) and (d)(2) of this section are submitted to the Department no later than 180 days prior to the date on which the owner or operator of a facility receives the known final volume of hazardous wastes at the unit, or no later than 90 days after the effective date of this rule, whichever is later.
(e) In addition to the requirements in subsection (d) of this section, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements pursuant to Title 22, CCR, Division 4.5, Chapter 14, Article 11 shall:
(1) Submit with the request to modify the permit:
(A) a contingent corrective measures plan, unless a corrective action program has already been submitted under sections 66264.99, 66264.100 and 66264.708; and
(B) a plan for removing hazardous wastes in compliance with subsection (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids, and by removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes shall be completed no later than 90 days after the final receipt of hazardous wastes. The Department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health or the environment.
(4) If a release that is a statistically significant increase (or decrease in the case of pH) over background values for detection monitoring parameters or constituents specified in the permit or that exceeds the facility's protection standards for groundwater, air, soil, or soil-pore gas at the points of compliance, if applicable, is detected in accordance with the requirements in articles 6, 15.5, or 17 of this chapter, the owner or operator of the unit:
(A) shall implement corrective measures in accordance with the approved contingent corrective measures plan required by subsection (e)(1) of this section no later than one year after detection of the release, or approval of the contingent corrective measures plan, whichever is later;
(B) may continue to receive wastes at the unit following detection of the release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and
(C) may be required by the Department to implement corrective measures in less than one year or to cease receipt of wastes until corrective measures have been implemented if necessary to protect human health or the environment.
(5) During the period of corrective action, the owner or operator shall provide semi-annual reports to the Department that describe the progress of the corrective action program, compile all monitoring data for groundwater, air, soil, and soil-pore gas, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.
(6) The Department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in subsection (e)(4) of this section, or fails to make substantial progress in implementing corrective action and achieving the facility's protection standards for groundwater, air, soil, or soil-pore gas, or background levels if the facility has not yet established a protection standard for groundwater, air, soil or soil-pore gas.
(7) If the owner or operator fails to implement corrective measures as required in subsection (e)(4) of this section, or if the Department determines that substantial progress has not been made pursuant to subsection (e)(6) of this section, the Department shall:
(A) notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in subsections (a) and (b) of this section and provide a detailed statement of reasons for this determination, and
(B) provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.
(C) If the Department receives no written comments, the decision will become final five days after the close of the comment period. The Department shall notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, shall be submitted within 15 days of the final notice and that closure shall begin in accordance with the deadlines in subsections (a) and (b) of this section.
(D) If the Department receives written comments on the decision, the Department shall make a final decision within 30 days after the end of the comment period, and shall provide the owner or operator in writing, and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the Department determines that substantial progress has not been made, closure shall be initiated in accordance with the deadlines in subsections (a) and (b) of this section.
(E) The final determinations made by the Department under subsections  (e)(7)(C)-(D) of this section are not subject to administrative appeal.
 
  Note: Authority cited: Sections 25150, 25159, 25245, 58004 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200.10, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.113. 
  
 



s 66264.114. Disposal or Decontamination of Equipment, Structures and Soils.
During the partial and final closure periods, all contaminated equipment, structures and soils shall be properly disposed of or decontaminated by removing all hazardous waste and residues, unless otherwise specified in sections 66264.197, 66264.228, 66264.258, 66264.280, or 66264.310. By removing all hazardous wastes and residues or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that waste in accordance with all applicable requirements of chapter 12 of this division.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.114. 
  
 



s 66264.115. Certification of Closure.
Within 60 days of completion of partial closure, and within 60 days of the completion of final closure, the owner or operator shall submit to the Department, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by an independent qualified professional engineer, registered in California. Documentation supporting the independent qualified registered professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for closure under section 66264.143, subsection (j).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.115. 
  
 



s 66264.116. Survey Plat.
No later than the submission of the certification of closure ofeach hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed vertical and horizontal benchmarks. This plat shall be prepared and certified by a professional land surveyor licensed in California. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use, shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable regulations of this article.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25259, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.116. 
  
 



s 66264.117. Post-Closure Care and Use of Property.
 (a) This section pertains to facilities at which all hazardous wastes, waste residues, contaminated materials and contaminated soils will not be removed during closure. Additional requirements for such facilities are cited in title 23 of the California Code of Regulations.
(b)(1) Post-closure care for each hazardous waste management unit subject to the requirements of sections 66264.117 through 66264 .120 shall begin after completion of closure of the unit and, except as provided in subsections (b)(2)(A) and (b)(2)(B), continue for 30 years after that date and shall consist of at least the following:
(A) monitoring and reporting in accordance with the requirements of articles 6, 11, 12, 13, 14, and 16 of this chapter; and
(B) maintenance and monitoring of waste containment systems in accordance with the requirements of articles 6, 11, 12, 13, 14, and 16 of this chapter.
(2) Any time preceding partial closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular unit, the Department shall, in accordance with the permit modification procedures in chapters 20 and 21 of this division:
(A) shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if the owner or operator demonstrates to the satisfaction of the Department and the Department finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or ground-water monitoring results, characteristics of the hazardous wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or
(B) extend the post-closure care period applicable to the hazardous waste management unit or facility if the Department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or ground-water monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).
(c) The Department shall require, at partial and final closure,continuation of any of the security requirements of section 66264.14 during part or all of the post-closure period when:
(1) hazardous wastes may remain exposed after completion of partial or final closure; or
(2) access by the public or domestic livestock may pose a hazard to human health.
(d) Post-closure use of property on or in which hazardous wastes remain after partial or final closure shall never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the facility's monitoring systems, unless the Department finds that thedisturbance:
(1) is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or
(2) is necessary to reduce a threat to human health or the environment.
(e) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in section 66264.118.
(f) Upon closure of a hazardous waste facility wherein hazardous wastes remain on-site, no construction, filling, grading, excavating or mining shall occur without the issuance of a variance by the Department. No variance may be granted which is inconsistent with subsection (d) of this section.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.117. 
  
 



s 66264.118. Post-Closure Plan; Amendment of Plan.
 (a) Written Plan. The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. In addition, certain surface impoundments and waste piles from which the owner or operator intends to remove or decontaminate the hazardous wastes at partial or final closure are required by sections 66264.228(c)(1)(B) and 66264.258(c)(1)(B) to have contingent post-closure plans. The plan shall be submitted with the permit application, in accordance with section 66270.14(b)(13) of this division, or when otherwise requested by the Department. The plan shall be approved by the Department as part of the permit issuance procedures under chapter 21 of this division. In accordance with section 66270.32 of this division, the approved post-closure plan will become a condition of any permit issued.
(b) For each hazardous waste management unit subject to the requirements of this section, the post-closure plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:
(1) a description of the planned monitoring activities and frequencies at which they will be performed to comply with articles 6, 11, 12, 13, 14, and 16 of this chapter during the post-closure care period; and
(2) a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(A) the integrity of the cap and final cover and other containment systems in accordance with the requirements of articles 11, 12, 13, 14, and 16 of this chapter; and
(B) the function of the monitoring equipment in accordance with the requirements of articles 6, 11, 12, 13, 14, and 16 of this chapter; and
(3) the name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.
(c) Until final closure of the facility, a copy of the approved post-closure plan and all revisions shall be kept at the facility and furnished to the Department upon request, including request by mail. After final closure, the person or office specified in section 66264.118(b)(3) shall keep an updated and approved post-closure plan during the remainder of the post-closure period.
(d) Amendment of plan. The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan in accordance with the applicable requirements of chapters 20 and 21 of this division. The written notification or request shall include a copy of the amended post-closure plan for review or approval by the Department.
(1) The owner or operator may submit a written notification or request to the Department for a permit modification to amend the post-closure plan at any time during the active life of the facility or during the post-closure care period.
(2) The owner or operator shall submit a written notification of or request for a permit modification to authorize a change in the approved post-closure plan whenever:
(A) changes in operating plans or facility design affect the approved post-closure plan, or
(B) there is a change in the expected year of final closure, if applicable, or
(C) events which occur during the active life of the facility or the post-closure care period, including partial and final closures, affect the approved post-closure plan.
(3) The owner or operator shall submit a written request for a permit modification at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan. The Department will approve, disapprove or modify this amended plan in accordance with the procedures in chapters 20 and 21 of this division. In accordance with section 66270.32 of this division, the approved post-closure plan will become a permit condition.
(4) The Department shall modify or request modifications to the plan under the conditions described in section 66264.118(d)(2) or for other causes if deemed necessary to prevent threats to human health and the environment. The owner or operator shall submit the modified plan no later than 60 days after the Department's request. Any modifications requested by the Department will be approved, disapproved, or modified in accordance with the procedures in chapters 20 and 21 of this division.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.118. 
  
 



s 66264.119. Post-Closure Notices.
 (a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department a record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location, and quantity of the hazardous wastes to the best of the owner's or operator's knowledge and in accordance with any records the owner or operator has kept. Any changes in the type, location or quantity of hazardous wastes disposed of within each cell or area of the facility that occur after the survey plat and record of wastes have been filed shall be reported to the local zoning authority or the authority with jurisdiction over local land use and to the Department.
(b) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall:
(1) record, in accordance with State law, a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
(A) the land has been used to manage hazardous wastes; and
(B) its use is restricted under article 7 of this chapter; and
(C) the survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility required by sections 66264.116 and 66264.119(a) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Department; and
(2) submit, to the Department, a certification, signed by the owner, that the notation specified in subsection (b)(1) of this section has been recorded, including a copy of the document in which the notation has been placed.
(c) If at any time the owner or operator or any subsequent owner or operator of the land upon which a hazardous waste disposal unit is located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, or contaminated underlying and surrounding soils, the owner or operator shall request a modification to the post-closure permit in accordance with the applicable requirements in chapters 20 and 21 of this division. The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of section 66264.117(d). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this chapter. If the Department grants a permit modification or otherwise grants approval to conduct such removal activities, and the removal activities are completed to the satisfaction of the Department the owner or operator may request that the Department approve either:
(1) the removal of the notation on the deed to the facility property or other instrument normally examined during title search; or
(2) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.119. 
  
 



s 66264.120. Certification of Completion of Post-Closure Care.
No later than 60 days after completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator shall submit to the Department, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification shall be signed by the owner or operator and an independent qualified professional engineer, registered in California. Documentation supporting the independent qualified registered professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for post-closure care under section 66264.145, subsection (j).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 264.120. 
  
 



s 66264.140. Applicability.
 (a) The requirements of sections 66264.142, 66264.143 and 66264.147 apply to owners and operators of all hazardous waste facilities, as defined in section 66260.10, except as provided otherwise in this article.
(b) The requirements of sections 66264.144 and 66264.145 apply only to owners and operators of:
(1) hazardous waste facilities, which are disposal facilities, as defined in section 66260.10;
(2) for purposes of this article, a facility which utilizes a temporary waste pile, as defined in section 66260.10, and surface impoundments as defined in section 66260.10, shall be considered as a disposal site until the owner or operator has demonstrated to the satisfaction of the Department that all wastes have been removed from the site;
(3) tank systems that are required under section 66264.197 to meet the requirements for landfills; and
(4) Containment buildings that are required under section 66264.1102 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this article.
(d) For purposes of this article, state government shall not include municipal, local, city, county, city-county special district government or any subdivisions thereof.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 264.140. 
  
 



s 66264.141. Definition of Terms As Used in This Article.
 (a) The following terms, as defined in section 66260.10 are used in the specifications for the financial tests for closure, post-closure care, and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices.
"Assets"
"Current assets"
"Current liabilities"
"Current plugging and abandonment cost estimate"
"Independently audited"
"Liabilities"
"Net working capital"
"Net worth"
"Substantial business relationship"
"Tangible net worth"
(b) In the liability coverage requirements the terms "bodily injury" and  "property damage" as defined in section 66260.10 shall have the meanings given these terms by applicable State law. However, these terms do not include those liabilities which, consistent with standard industry practices, are excluded from coverage in liability policies for bodily injury and property damage. The Department intends the meanings of other terms used in the liability insurance requirements to be consistent with their common meanings within the insurance industry. The definitions given below and defined in section 66260.10 are intended to assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence"
"Legal defense costs"
"Nonsudden accidental occurrence"
"Sudden accidental occurrence"
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.141. 
  
 



s 66264.142. Cost Estimate for Closure.
 (a) The owner or operator shall prepare and submit to the Department a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in sections 66264.111 through 66264.115 and applicable closure requirements in sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 through 66264.603, and 66264.1102.
(1) The estimate shall be submitted in accordance with sections 66270.10 and 66270.14. The estimate shall equal the cost of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see section 66264.112(b)).
(2) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10.) The owner or operator may use costs for on-site disposal if it can be demonstrated that on-site disposal capacity will exist at all times over the life of the facility.
(3) The closure cost estimate shall not incorporate any salvage value that may be realized with the sale of hazardous wastes, or non-hazardous wastes if applicable under section 66264.113(d), facility structures or equipment, land, or other assets associated with the facility at the time of partial or final closure.
(4) The owner or operator shall not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if applicable under section 66264.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66264.143. For owners and operators using the financial test or corporate guarantee, the closure cost estimate shall be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the Department as specified in section 66264.143(f)(3). The adjustment shall be made by recalculating the maximum costs of closure in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business, as specified in subsections (b)(1) and (2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than 30 days after the Department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (b) of this section.
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: the latest closure cost estimate prepared in accordance with subsections (a) and (c) of this section and, when this estimate has been adjusted in accordance with subsection (b) of this section, the latest adjusted closure cost estimate.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.142. 
  
 



s 66264.143. Financial Assurance for Closure.
An owner or operator of each facility shall establish and demonstrate to the Department financial assurance for closure of the facility. The owner or operator shall choose from the options as specified in subsections (a) through (f) and (i) of this section or section 66264.146 of this article.
(a) Closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a closure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1), shall contain original signatures and shall be accompanied by a formal certification of acknowledgment (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current closure cost estimate covered by the trust agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the term of the initial RCRA permit, or ten (10) years beginning with the establishment of the trust fund or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund shall be made as follows:
(A) For existing facilities, the first payment shall be made at the time the trust fund is established; a receipt from the trustee for this payment shall be submitted by the owner or operator to the Department. The first payment shall be at least equal to the current closure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
Next payment = CE-CV
 Y
where CE is the current closure cost estimate, CV is the current value of the trust fund and Y is the number of years remaining in the pay-in period.
(B) For a new facility, the first payment shall be made before the initial receipt of hazardous waste for transfer, treatment, storage or disposal. A receipt from the trustee for this payment shall be submitted by the owner or operator to the Department before this initial receipt of hazardous waste. The first payment shall be at least equal to the current closure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
Next payment = CE-CV
 Y
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(C) If an owner or operator establishes a trust fund as specified in section 66265.143(a) of this division, and the value of that trust fund is less than the current closure cost estimate when a permit is awarded for the facility, the amount of the current closure cost estimate still to be paid into the trust fund shall be paid in over the pay-in period as defined in subsection (a)(3) of this section. Payments shall continue to be made no later than 30 days after each anniversary date of the first payment made pursuant to chapter 15 of this division. The amount of each payment must be determined by this formula:
Next payment = CE-CV
 Y
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or the full amount of the current closure cost estimate may be deposited at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms specified in this section or in section 66265.143 of this division, the first payment shall be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of this subsection and section 66265.143, subsection (a) of this division, as applicable.
(6) After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance as specified in this section to cover the difference.
(7) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, a written request may be submitted to the Department for release of the amount in excess of the current closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsections (a)(7) or (8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before beginning final closure, the value of the trust fund shall equal the amount of the current closure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) After beginning partial or final closure, an owner or operator or another person authorized to conduct partial or final closure may request reimbursements for partial or final closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for partial or final closure activities, the Department shall instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, reimbursements of such amounts may be withheld until the Department determines, in accordance with subsection (j) of this section that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Department does not instruct the trustee to make such reimbursements, the Department shall provide the owner or operator with a detailed written statement of reasons.
(12) The Department shall agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(b) Surety bond guaranteeing payment into a closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond must, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates as required by subsection (a)(2) of this section;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator shall:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipt.
(9) The owner or operator may cancel the bond with prior written consent from the Department based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of closure.
(1) An owner or operator of a permitted facility, as defined in section 66260.10, may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (c). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust must meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement to show current closure cost estimates as required by subsection (a)(2) of this section;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator will:
(A) perform final closure in accordance with the closure plan and other requirements of the permit for the facility whenever required to do so; or
(B) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the Department that the owner or operator has failed to perform final closure in accordance with the approved closure plan and other permit requirements when required to do so, under the terms of the bond the surety shall perform final closure as guaranteed by the bond or shall deposit the amount of the penal sum into the standby trust fund. For facilities that require a RCRA permit, the determination shall be made pursuant to Health and Safety Code Section 25187.
(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate.
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval from the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Department has given prior written consent. The Department will provide such written consent when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(10) The surety shall not be liable for deficiencies in the performance of closure by the owner or operator after the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(d) Closure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this subsection and submitting the letter to the Department. An owner or operator of a new facility shall submit the letter of credit to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The letter of credit shall be effective before this initial receipt of hazardous waste. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in (3) and (4) of this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement  shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date and providing the following information: the hazardous waste facility Identification Number, name, and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(6) The letter of credit shall be issued in an amount at least equal to the current closure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the letter of credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the amount of the letter of credit may be reduced to the amount of the current closure cost estimate following written approval from the Department.
(8) Following a determination by the Department that the owner or operator has failed to perform final closure in accordance with the closure plan and other permit requirements when required to do so, the Department may draw on the letter of credit. For facilities that require a RCRA permit, the determination shall be made pursuant to Health and Safety Code Section 25187.
(9) If the owner or operator does not establish alternate financial assurance as specified in this section, and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph, if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(10) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(e) Closure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining closure insurance which conforms to the requirements of this section and submitting a certificate of such insurance to the Department. An owner or operator of a new facility shall submit the certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The closure insurance policy shall be issued for a face amount at least equal to the current closure cost estimate, except as provided in subsection (g) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The closure insurance policy shall guarantee that funds shall be available to close the facility whenever final closure occurs. The policy shall also guarantee that once final closure begins, the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon direction from the Department, to such party or parties as the Department specifies.
(5) After beginning partial or final closure, an owner or operator or any other person authorized to conduct closure may request reimbursements for closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for closure activities, the Department shall instruct the insurer to make reimbursements in such amounts as the Department specifies in writing, if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan or are otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the face amount of the policy, the Department may withhold reimbursements of such amounts as it deems prudent until it is determined, in accordance with subsection (j) of this section, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Department does not instruct the insurer to make such reimbursements, the owner or operator will be provided a detailed written statement of reasons.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (e)(10) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in this section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation will be deemed to begin upon receipt by the Department of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) the permit is denied, terminated or revoked or a new permit is denied; or
(C) closure is ordered by the Department or any other State or Federal agency, U.S. district court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(10) The Department shall give written consent to the owner or operator to terminate the insurance policy when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(f) Financial test and guarantee for closure.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of either subsection (f)(1)(A) or (B) of this section.
(A) The owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) The owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer. The phrase "current plugging and abandonment cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test has been met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer. The letter shall be on the owner or operator's official letterhead stationery, shall contain an original signature and shall be completed as specified in section 66264.151, subsection (f); and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused that accountant to believe that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, the owner or operator shall send notice to the Department of intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after the end of the company's latest completed fiscal year.
(7) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(9) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(10) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation as defined in section 66260.10 of the owner or operator, a firm whose parent corporations is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet and comply with the requirements for owners or operators in subsections (f)(1) through (f)(8) of this section and shall comply with the terms of the guarantee. The guarantee shall be on the official letterhead stationery of the parent corporation. The guarantee shall contain an original signature which shall be formally witnessed or notarized, and the wording shall be identical to the wording specified in section 66264.151, subsection (h). A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform final closure of a facility covered by the guarantee in accordance with the closure plan and other permit requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternative financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a), (b), (d), (e), and (i) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, the trust fund may be used as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for closure of the facility.
(h) Use of a financial mechanism for multiple facilities.
An owner or operator may use one or more of the financial assurance mechanisms specified in this section to meet the requirements of this section for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(i) Alternative Financial Mechanism for Closure Costs.
(1) An owner or operator of facilities which manage solely non-RCRA hazardous waste may establish financial assurance for closure by means of a financial mechanism other than as specified in subsections (a) through (f) of this section, provided that prior to its use the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (f) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) Certainty of the availability of funds for the required closure activities; and
(B) The amount of funds that will be made available. The Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of section 66264.143. The submission shall include the following information:
(A) name, address and telephone number of issuing institution; and
(B) hazardous waste facility identification number, name, address and closure cost estimate for each facility; and
(C) the amount of funds for closure to be assured for each facility by the proposed mechanism; and
(D) the terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial mechanisms specified in subsections (a) through (f) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (f) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current closure cost estimate.
(j) Release of the owner or operator from the requirements of this section.
(1) Within 60 days after receiving certifications from the owner or operator and an independent professional engineer, registered in California, that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that they are no longer required by this section to maintain financial assurance for final closure of the facility, unless the Department has reason to believe that final closure has not been in accordance with the approved closure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that they are complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for closure of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.143. 
  
 



s 66264.144. Cost Estimate for Postclosure Care.
 (a) The owner or operator of a disposal surface impoundment, disposal miscellaneous unit, land treatment unit, or landfill unit, or of a surface impoundment or waste pile required under section 66264.228 and section 66264.258 to prepare a contingent closure and postclosure plan, shall prepare and submit to the Department a detailed written estimate, in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure regulations in sections 66264.117 through 66264.120, 66264.228, 66264.258, 66264.280, 66264.310 and 66264.603.
(1) The postclosure cost estimate shall be based on the costs to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10).
(2) The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required under section 66264.117.
(b) During the active life of the facility, the owner or operator shall adjust the postclosure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66264.145. For owners or operators using the financial test or corporate guarantee, the postclosure cost estimate shall be updated for inflation within 30 days after the close of the firm's fiscal year and before the submission of updated information to the Department as specified in section 66264.145(f)(5). The adjustment shall be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in subsections (b)(1) and (b)(2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the postclosure cost estimate within 30 days after the Department has approved the request to modify the postclosure plan, if the change in the postclosure plan increases the cost of postclosure care. The revised postclosure cost estimate shall be adjusted for inflation as specified in section 66264.144(b).
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: the latest postclosure cost estimate prepared in accordance with section 66264.144(a) and (c) and, when this estimate has been adjusted in accordance with section 66264.144(b), the latest adjusted postclosure cost estimate.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.144. 
  
 



s 66264.145. Financial Assurance for Postclosure Care.
The owner or operator of a hazardous waste management unit subject to the requirements of section 66264.144 shall establish and demonstrate to the Department financial assurance for postclosure care in accordance with the approved postclosure plan for the facility 60 days prior to the initial receipt of hazardous waste or the effective date of the regulation, whichever is later. The owner or operator shall choose from the following options as specified in subsections (a) through (f) and (i) of this section.
(a) Postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a postclosure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. An owner or operator of a new facility shall submit the originally signed duplicate of the trust agreement to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1). The trust agreement shall contain original signatures and shall be accompanied by a formal certification of acknowledgment (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current postclosure cost estimate covered by the agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the ten (10) years beginning with the establishment of the trust fund, or the term of the initial RCRA permit or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the postclosure trust fund shall be made as follows.
(A) for an existing facility, the first payment shall be made at the time the trust fund is established; a receipt from the trustee for this payment shall be submitted by the owner or operator to the Department. The first payment shall be at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund and Y is the number of years remaining in the pay-in period.
(B) for a new facility, the first payment shall be made before the initial receipt of hazardous waste for disposal. A receipt from the trustee for this payment shall be submitted by the owner or operator to the Department before this initial receipt of hazardous waste. The first payment shall be at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section, divided by the number of years in the pay-in period. Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(C) if an owner or operator establishes a trust fund as specified in section 66265.145, subsection (a) of this division, and the value of that trust fund is less than the current postclosure cost estimate when a permit is awarded for the facility, the amount of the current postclosure cost estimate still to be paid into the fund shall be paid in over the pay-in period as defined in subsection (a)(3) of this section. Payments shall continue to be made no later than 30 days after each anniversary date of the first payment made pursuant to chapter 15 of this division. The amount of each payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or deposit the full amount of the current postclosure cost estimate at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a postclosure trust fund after having used one or more alternate mechanisms specified in this section or in section 66265.145 of this division, the first payment shall be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made according to specifications of this subsection as applicable.
(6) After the pay-in period is completed, whenever the current postclosure cost estimate changes during the operating life of the facility, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance as specified in this section to cover the difference.
(7) During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current postclosure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsection (a)(7) or (a)(8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before final postclosure occurs, the value of the trust fund shall equal the amount of the current postclosure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) During the period of postclosure care, the Department shall approve a release of funds if the owner or operator demonstrates to the satisfaction of the Department that the value of the trust fund exceeds the remaining cost of postclosure care.
(12) An owner or operator or any other person authorized to conduct postclosure care may request reimbursements for postclosure care expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department shall instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure care expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the trustee to make such reimbursements, the owner or operator shall be provided with a detailed written statement of reasons.
(13) The Department shall agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(b) Surety bond guaranteeing payment into a postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator will:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section to the Department for written approval within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases, the Department shall approve, in writing, a reduction of the penal sum to the amount of the current postclosure cost estimate if the owner or operator demonstrates to the satisfaction of the Department that the penal sum exceeds the current postclosure cost estimate.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(9) The owner or operator may cancel the bond if the Department has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Surety bond guaranteeing performance of postclosure care.
(1) An owner or operator of a permitted facility, as defined in section 66260.10, may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. An owner or operator of a new facility shall submit the bond to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The bond shall be effective before this initial receipt of hazardous waste. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (c). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection .
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator will:
(A) perform postclosure care in accordance with the postclosure plan and other requirements of the permit for the facility; or
(B) provide alternate financial assurance as specified in this section to the Department for written approval within 90 days of receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. Following a determination by the Department that the owner or operator has failed to perform postclosure care in accordance with the approved postclosure plan and other permit requirements, under the terms of the bond the surety shall perform postclosure care in accordance with the postclosure plan and other permit requirements or shall deposit the amount of the penal sum into the standby trust fund.
(6) The penal sum of the bond shall be in an amount at least equal to the current postclosure cost estimate.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the penal sum during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the Department shall approve, in writing, a reduction of the penal sum to the amount of the current postclosure cost estimate if the owner or operator demonstrates to the satisfaction of the Department that the amount exceeds the current postclosure estimate.
(8) During the period of postclosure care, the Department may approve a decrease in the penal sum if the owner or operator demonstrates to the satisfaction of the Department that the amount exceeds the remaining cost of postclosure care.
(9) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts.
(10) The owner or operator may cancel the bond if the Department has given prior written consent. The Department shall provide such written consent when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(11) The surety shall not be liable for deficiencies in the performance of postclosure care by the owner or operator after the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(d) Postclosure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this subsection and submitting the letter to the Department. An owner or operator of a new facility shall submit the letter of credit to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The letter of credit shall be effective before this initial receipt of hazardous waste. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the trust agreement shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date and providing the following information: the Hazardous Waste Facility Identification Number, name, and address of the facility and the amount of funds assured for postclosure care of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(6) The letter of credit shall be issued in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the amount of the letter of credit during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the amount of the letter of credit may be reduced to the amount of the current postclosure cost estimate following written approval from the Department.
(8) During the period of postclosure care, the Department shall approve a decrease in the amount of the letter of credit if the owner or operator demonstrates to the Department that the amount exceeds the remaining cost of postclosure care.
(9) Following a determination by the Department that the owner or operator has failed to perform postclosure care in accordance with the approved postclosure plan and other permit requirements, the Department may draw on the letter of credit.
(10) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph, if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(11) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(e) Postclosure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining postclosure insurance which conforms to the requirements of this subsection and submitting a certificate of such insurance to the Department. An owner or operator of a new facility shall submit the certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for disposal. The insurance shall be effective before this initial receipt of hazardous waste. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more States.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The postclosure insurance policy shall be issued for a face amount at least equal to the current postclosure cost estimate, except as provided in subsection (g) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The postclosure insurance policy shall guarantee that funds shall be available to provide postclosure care of the facility whenever the postclosure period begins. The policy shall also guarantee that once postclosure care begins, the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the Department, to such party or parties as the Department specifies.
(5) An owner or operator or any other person authorized to conduct postclosure care may request reimbursements for postclosure care expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department shall instruct the insurer to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure care expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the insurer to make such reimbursements, a detailed written statement of reasons will be provided to the owner or operator.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (e)(11) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in this section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation shall be deemed to begin upon receipt by the Department of a notice of future cancellation, termination or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew shall not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) the permit is denied, terminated or revoked or a new permit is denied; or
(C) closure is ordered by the Department or by any other state or federal agency, U.S. district court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current postclosure cost estimate increases to an amount greater than the face amount of the policy during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the face amount may be reduced to the amount of the current postclosure cost estimate following written approval by the Department.
(10) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer shall thereafter annually increase the face amount of the policy. Such increase shall be equivalent to the face amount of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.
(11) The Department shall give written consent to the owner or operator that the insurance policy may be terminated when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (j) of this section.
(f) Financial test and guarantee for postclosure care.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this section. To pass this test the owner or operator shall meet the criteria of either subsections (f)(1)(A) or (f)(1)(B) of this section.
(A) the owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) the owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer (section 66265.151, subsection (f)). The phrase "current plugging and abandonment cost estimates" as used in subsection (f)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test has been met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (f). The letter shall be on the owner or operator's official letterhead stationery, and shall contain an original signature; and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specified as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused a belief that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, the owner or operator shall send notice to the Department of the intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after such occurrence.
(7) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(9) During the period of postclosure care, the Department shall approve a decrease in the current postclosure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to the Department that the amount of the cost estimate exceeds the remaining cost of postclosure care.
(10) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (j) of this section.
(11) An owner or operator may meet the requirements for this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation as defined in section 66260.10, of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner of operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (f)(1) through (f)(9) of this section and shall comply with the terms of the guarantee. The guarantee shall contain an original signature which shall be formally witnessed or notarized and the wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h). A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform postclosure care of a facility covered by the guarantee in accordance with the postclosure plan and other permit requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.
(g) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a), (b), (d), (e), and (i) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current postclosure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for postclosure care of the facility.
(h) Use of a financial mechanism for multiple facilities for postclosure care. An owner or operator may use one or more of the financial assurance mechanisms specified in this section to meet the requirements of this section for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for postclosure care assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for postclosure care of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(i) Alternative Financial Mechanism for Postclosure Care.
(1) The owner or operator of facilities which solely manage non-RCRA hazardous waste may establish financial assurance for postclosure care by means of a financial mechanism other than as specified in subsections (a) through (f) of this section, provided that prior to its use the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (f) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required postclosure care activities; and
(B) the amount of funds that will be made available;
(C) the Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of section 66264.145. The submission shall include the following information:
(A) name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and postclosure cost estimate for each facility; and
(C) the amount of funds for postclosure care to be assured for each facility by the proposed mechanism; and
(D) the terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial assurance mechanisms specified in subsections (a) through (f) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (f) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current postclosure cost estimate.
(j) Release of the owner or operator from financial assurance requirements for postclosure care.
(1) Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that all postclosure care requirements have been completed for a hazardous waste disposal unit in accordance with the approved postclosure plan, the Department, at the request of the owner or operator, shall notify the owner or operator in writing that maintenance of financial assurance is no longer required for postclosure care of that unit, unless the Department has reason to believe that postclosure care has not been in accordance with the approved postclosure plan. The Department shall provide the owner or operator with a detailed written statement of any such reason to believe that postclosure care has not been in accordance with the approved postclosure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that the owner or operator is complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for postclosure care of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.145. 
  
 



s 66264.146. Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care.
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, corporate guarantee, or alternative mechanism, that meets the specifications for the mechanism in both section 66264.143 and section 66264.145. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of post-closure care.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25425, Health and Safety Code; 40 CFR Section 264.146. 
  
 



s 66264.147. Liability Requirements.
 (a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste transfer, treatment, storage or disposal facility or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. This liability coverage may be demonstrated as specified in subsections (a)(1) through (7) of this section.
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in subsections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a surety bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amounts required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other assurance as "excess" coverage.
(7) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (k) of this section; or
(8) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability provided by a financial instrument authorized by subsections (a)(1) through (a)(7) of this section, or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (a)(1) through (a)(7) of this section; or
(C) a final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsection (a)(1) through (a)(7) of this section.
(b) Coverage for nonsudden accidental occurrences. An owner or operator of a surface impoundment, as defined in section 66260.10, landfill, as defined in section 66260.10, land treatment facility, as defined in section 66260.10 or disposal miscellaneous unit which is used to manage hazardous waste, or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3 million per occurrence, as defined in section 66260.10, with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the requirements of this section may combine the required per-occurrence coverage levels for sudden and nonsudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be demonstrated, as specified in subsections (b)(1) through (b)(7) of this section.
(1) An owner or operator may demonstrate the required liability coverage by obtaining liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in subsections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a payment bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through the use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amount required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify another assurance as "excess" coverage.
(7) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (k) of this section.
(8) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial instrument authorized by subsections (b)(1) through (b)(7) of this section, or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (b)(1) through (b)(7) of this section; or
(C) a final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsections (b)(1) through (b)(7) of this section.
(c) Request for variance. If an owner or operator can demonstrate to the satisfaction of the Department that the levels of financial responsibility required by subsection (a) or (b) of this section are not consistent with the degree and duration of risk associated with transfer, treatment, storage or disposal at the facility or group of facilities, the owner or operator may obtain a variance from the Department. The request for a variance shall be submitted to the Department as part of the application under section 66270.14 of this division for a facility that does not have a permit, or pursuant to the procedures for permit modification under section 66271.4 of this division for a facility that has a permit. If granted, the variance shall take the form of an adjusted level of required liability coverage, such level to be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The Department may require an owner or operator who requests a variance to provide such technical and engineering information as is deemed necessary by the Department to determine a level of financial responsibility other than that required by subsection (a) or (b) of this section. Any request for a variance for a permitted facility will be treated as a request for a permit modification under section 66270.41, subsection (a)(5) and section 66271.4.
(d) Adjustments by the Department. If the Department determines that the levels of financial responsibility required by subsection (a) or (b) of this section are not consistent with the degree and duration of risk associated with transfer, treatment, storage or disposal at the facility or group of facilities, the Department may adjust the level of financial responsibility required under subsection (a) or (b) of this section as may be necessary to protect human health and the environment. This adjusted level shall be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the Department determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill or land treatment facility, the Department shall require that an owner or operator of the facility comply with subsection (b) of this section. An owner or operator shall furnish to the Department, within a reasonable time, any information which the Department requests to determine whether cause exists for such adjustments of level or type of coverage. Any adjustment of the level or type of coverage for a facility that has a permit will be treated as a permit modification under section 66270.41, subsection (a)(5) and section 66271.4.
(e) Period of coverage. Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that he or she is no longer required by this section to maintain liability coverage for that facility, unless the Department has reason to believe that closure has not been in accordance with the approved closure plan.
(f) Financial test for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of subsection (f)(1)(A) or (B).
(A) The owner or operator shall have:
1. net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by this test; and
2. tangible net worth of at least $10 million; and
3. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(B) The owner or operator shall have:
1. a current rating for the most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's, or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth of at least $10 million; and
3. tangible net worth at least six times the amount of liability coverage to be demonstrated by this test; and
4. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage" as used in subsection (f)(1) of this section refers to the annual aggregate amounts for which coverage is required under subsections (a) and (b) of this section.
(3) To demonstrate that this test can be met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (g). The letter shall be on the official letterhead stationary of the owner or operator, and shall contain an original signature. An owner or operator may use the financial test to demonstrate both assurance for closure or postclosure care, as specified by sections 66264.143, subsection (f), 66264.145, subsection (f), 66265.143, subsection (e) and 66265.145, subsection (e), and liability coverage as specified in subsections (a) and (b) of this section. If an owner or operator is using the financial test to cover both forms of financial responsibility, a separate letter is not required;
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year;
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused him or her to believe that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, liability coverage shall be obtained for the entire amount of coverage as described in this section by use of the financial mechanisms described in this section. Notice shall be sent to the Department of the owner's or operator's intent to obtain the required coverage; notice shall be sent by either registered mail or by certified mail within 90 days after any occurence that prevents the owner or operator from meeting the test requirements. Evidence of liability coverage shall be submitted to the Department within 90 days after any occurrence that prevents the owner or operator from meeting the requirements.
(7) The Department may, based on a reasonable belief that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance for closure and postclosure care and evidence of the required liability coverage as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The Department will evaluate other qualifications on an individual basis. The owner or operator shall provide evidence of liability coverage for the amount required as specified in this section within 30 days after notification of disallowance.
(9) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance for closure and postclosure care and evidence of liability insurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with sections 66264.143, subsection (j), 66264.145, subsection (j) and 66264.147, subsection (e).
(g) Guarantee for liability coverage.
(1) Subject to subsection (g)(2) of this section, an owner or operator may meet the requirements of this section by obtaining a written guarantee, hereafter referred to as "guarantee." The guarantor shall be the direct or higher-tier parent corporation of the owner or operator, or a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (f)(1) through (f)(6) of this section. The wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h)(2) and shall have original signatures. A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, this letter shall describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter shall describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property damage to third parties caused by sudden or nonsudden accidental occurrences (or both as the case may be), arising from the operation of facilities covered by this guarantee, or fails to pay an amount agreed to in settlement of claims arising from or alleged to arise from such injury or damage, the guarantor shall do so up to the limits of coverage;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. This guarantee shall not be terminated unless and until the Department approve(s) alternate liability coverage complying with section 66264.147 and/or section 66265.147.
(2)(A) In the case of corporations incorporated in states other than California, a guarantee may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of;
1. the State in which the guarantor is incorporated, and
2. each state in which a facility covered by the guarantee is located have submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in that State.
(B) In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the requirements of this section only if;
1. the non-U.S. corporation has identified a registered agent for service of process in the State in which a facility covered by the guarantee is located and in the State in which it has its principal place of business, and
2. the Attorney General or Insurance Commissioner of the State in which a facility covered by the guarantee is located and the State in which the guarantor corporation has its principal place of business, has submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in this State.
(h) Letter of credit for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subsection and submitting a copy of the letter of credit to the Department.
(2) The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(3) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (k) of this article. The letter of credit shall contain original signatures and shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, effective date, and providing the following information; the hazardous waste facility identification number, name and address of the facility, and the amount of funds assured for valid third party liability claims of the facility by the letter of credit.
(4) An owner or operator who uses a letter of credit to satisfy the requirements of this section may also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the trustee of the standby trust shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the trustee. The trustee of the standby trust fund shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. This standby trust fund shall meet all of the requirements of the trust fund specified in subsection (j) of this section.
(5) The wording of the standby trust fund shall be identical to the wording specified in section 66264.151, subsection (n).
(6) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year, unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(7) The letter of credit shall be issued in an amount at least equal to the required per occurrence and annual aggregate amount for sudden, or nonsudden, or sudden and nonsudden liability coverage, except as provided in subsection (b)(7) of this section.
(i) Payment bond for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by obtaining a payment bond that conforms to the requirements of this subsection and submitting a copy of the bond to the Department.
(2) The surety company issuing the bond shall be among those listed as acceptable sureties on Federal bonds in the most recent Circular 570 of the U.S. Department of the Treasury.
(3) The wording of the payment bond shall be identical to the wording specified in section 66264.151, subsection (l). The payment bond shall contain original signatures.
(4) A payment bond may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of
(A) the State in which the surety is incorporated, and
(B) each State in which a facility covered by the payment bond is located have submitted a written statement to the Department that a payment bond executed as described in this section is a legally valid and enforceable obligation in that State.
(j) Trust fund for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by establishing a trust fund that conforms to the requirements of this subsection by submitting an originally signed duplicate of the trust agreement and a formal certification of acknowledgment to the Department.
(2) The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(3) The trust fund for liability coverage shall be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this section. If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the fund, shall either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other financial assurance as specified in this section to cover the difference. For purposes of this subsection, "the full amount of the liability coverage to be provided" means the amount of coverage for sudden and/or nonsudden occurrences required to be provided by the owner or operator by this section, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.
(4) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (m).
(k) Liability Coverage -Alternative Mechanism.
(1) An owner or operator of facilities which manage solely non-RCRA hazardous waste may demonstrate the required liability coverage by means of a mechanism other than as specified provided that prior to its use the proposed mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the mechanisms specified in subsections (a), (b), (f) through (j) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required liability coverage; and
(B) the amount of funds that will be made available; and
(C) the Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the alternate mechanism be considered acceptable for meeting the requirements of subsections (a) and (b) of this section. The submission shall include the following information:
(A) the name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and the amount of liability coverage to be provided for each facility; and
(C) the terms of the proposed mechanism (period of coverage, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the other mechanisms specified in subsections (a), (b), (f) through (j) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of coverage, the owner or operator shall either increase the coverage or obtain other liability coverage as specified in subsections (a) and (b) of this section. The amount of coverage available through the combination of mechanisms shall at least equal the amounts required by subsections (a) and (b) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25200.1 and 25245, Health and Safety Code; 40 CFR Section 264.147. 
  
 



s 66264.148. Incapacity of Owners or Operators, Guarantors, or Financial Institutions.
 (a) An owner or operator shall notify the Department by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in section 66264.143(f) and section 66264.145(f) shall make such a notification if named as debtor, as required under the terms of the corporate guarantee (section 66264.151(h)).
(b) An owner or operator who fulfills the financial assurance or liability coverage requirements by obtaining a trust fund, surety bond, letter of credit, or insurance policy shall be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after such an event.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 264.148. 
  
 



s 66264.151. Wording of the Instruments.
 (a)(1) A trust agreement for a trust fund, as specified in section 66264.143, subsection (a) or section 66264.145, subsection (a) or section 66265.143, subsection (a) or section 66265.145, subsection (a) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
TRUST AGREEMENT
 
Trust Agreement, the "Agreement," entered into as of [date] by and between  [name of the owner or operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of [name of State]" or "a national bank"], the "Trustee."
WHEREAS, the Department of Toxic Substances Control (DTSC), a department of the State of California, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility/transportable treatment unit (TTU) shall provide assurance that funds will be available when needed for closure and/or postclosure care of the facility/TTU,
WHEREAS, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities/TTUs identified herein,
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee,
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions. As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successor or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means the State of California, Department of Toxic Substances Control.
Section 2. Identification of Facilities/TTUs and Cost Estimates.This Agreement pertains to the facilities/TTUs and cost estimates identified on attached Schedule A. [on Schedule A for each facility/TTU list the hazardous waste facility/TTU EPA Identification Number, name, address, and the current closure and/or postclosure cost estimates (Indicate the closure and postclosure amounts separately), or portions thereof, for which financial assurance is demonstrated by this Agreement.]
Section 3. Establishment of Fund.The Grantor and the Trustee hereby establish a trust fund, the "Fund" for the benefit of the Beneficiary. The Grantor and the Trustee intend that no third party has access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Beneficiary.
Section 4. Payment for Closure and Postclosure Care.The Trustee shall make payments from the Fund as the Beneficiary shall direct, in writing, to provide for the payment of the costs of closure and/or postclosure care of the facilities/TTUs covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the Beneficiary from the Fund for closure and postclosure expenditures in such amounts as the Beneficiary shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Beneficiary specifies in writing. Upon refund, such funds shall not constitute part of the Fund as defined herein.
Section 5. Payments Comprising the Fund.Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
Section 6. Trustee Management.The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the Beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities/TTUs, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 United States Code section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or State government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 United States Code section 80a-1 et seq., including one which may be created, managed, underwritten or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation.The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Beneficiary a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and Beneficiary shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel.The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation.The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee.The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason, the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, Beneficiary, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee.All orders, requests and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests and instructions. All orders, requests and instructions by the Beneficiary to the Trustee shall be in writing, signed by the Beneficiary designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests and instructions from the Grantor and/or Beneficiary, except as provided for herein.
Section 15. Notice of Nonpayment.The Trustee shall notify the Grantor and the Beneficiary, by certified mail within 10 days following the expiration for the 30-day period after the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment.
Section 16. Amendment of Agreement.This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist.
Section 17. Irrevocability and Termination.Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
Section 18. Immunity and Indemnification.The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Beneficiary issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 19. Choice of Law.This Agreement shall be administered, construed and enforced according to the laws of the State of California.
Section 20. Interpretation.As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (a)(1) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.140 through 66264.148 and sections 66265.140 through 66265.148.
[Signature of Grantor]
[Title] Attest:
[Title]
[Seal]
[Signature of Trustee] Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgment which shall accompany the trust agreement for a trust fund as specified in section 66264.143, subsection (a) and section 66264.145, subsection (a) or section 66265.143, subsection (a) or section 66265.145, subsection (a) of this division. State requirements may differ on the proper content of this acknowledgment.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
(b) A surety bond guaranteeing payment into a trust fund, as specified in section 66264.143, subsection (b) or section 66264.145, subsection (b) or section 66265.143, subsection (b) or section 66265.145, subsection (b) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
FINANCIAL GUARANTEE BOND Date bond executed: Effective date: Principal: [legal
name and business address of owner or operator] Type of Organization: [insert 
"individual," "joint venture," "partnership," or "corporation"] State of
incorporation: Surety(ies): [name(s) and business address(es)] EPA
Identification Number, name, address and closure and/or postclosure amount(s)
for each facility/transportable treatment unit (TTU) guaranteed by this bond 
[indicate closure and postclosure amounts separately]: Total penal sum of
bond: $ Surety's bond number:
 
KNOW ALL PERSONS BY THESE PRESENTS, THAT WE, the Principal and Surety(ies) hereto are firmly bound to the Department of Toxic Substances Control, of the State of California (hereinafter called DTSC) in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
WHEREAS said Principal is required, under state regulations, to have a permit or interim status in order to own or operate each hazardous waste management facility/TTU identified above, and
WHEREAS said Principal is required to provide financial assurance for closure, or closure and postclosure care, as a condition of the permit or interim status, and
WHEREAS said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
NOW, THEREFORE, the conditions of the obligation are such that if the Principal shall faithfully, before the beginning of final closure of each facility/TTU identified above, fund the standby trust fund in the amount(s) identified above for the facility/TTU,
OR, if the Principal shall fund the standby trust fund in such amount(s) within 15 days after a final order to begin closure is issued by DTSC or a U. S. District Court or other court of competent jurisdiction,
OR, if the Principal shall provide alternate financial assurance, as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, and obtain written approval from DTSC of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Director of DTSC, or designee, from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by DTSC that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies)/TTU(s) into the standby trust fund as directed by DTSC.
The liability of the Surety(ies) shall not be discharged by any payment of or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to DTSC, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and DTSC, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond from DTSC.
[The following paragraph is an optional rider that may be included, but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of DTSC.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies), that the wording of this surety bond is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (b), and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
Principal
 
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
 
[Name and address]
State of incorporation:
Liability limit:
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium:
(c) A surety bond guaranteeing performance of closure and/or postclosure care, as specified in section 66264.143, subsection (c) or section 66264.145, subsection (c), shall be worded as follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:
PERFORMANCE BOND Date bond executed: Effective date: Principal: [legal name and
business address of owner or operator] Type of organization: [insert 
"individual," "joint venture," "partnership," or "corporation"] State of
incorporation: Surety(ies): [name(s) and business address(es)] EPA
Identification Number, name, address, and closure and/or postclosure amount(s)
for each facility/transportable treatment unit (TTU) guaranteed by this bond 
[indicate closure and postclosure amounts separately]: Total penal sum of
bond: $ Surety's bond number:
 
KNOW ALL PERSONS BY THESE PRESENTS, THAT WE, the Principal and Surety(ies) hereto are firmly bound to the Department of Toxic Substances Control of the State of California (hereinafter called DTSC), in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.
WHEREAS said Principal is required, under state regulations, to have a permit in order to own or operate each hazardous waste management facility/TTU identified above, and
WHEREAS said Principal is required to provide financial assurance for closure, or closure and postclosure care, as a condition of the permit, and
WHEREAS said Principal shall establish a standby trust fund as is required when a surety bond is used to provide such financial assurance;
NOW, THEREFORE the conditions of this obligation are such that if the Principal shall faithfully perform closure, whenever required to do so, of each facility/TTU for which this bond guarantees closure, in accordance with the closure plan and other requirements of the permit as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
AND, if the Principal shall faithfully perform postclosure care of each facility/TTU for which this bond guarantees postclosure care, in accordance with the postclosure plan and other requirements of the permit, as such plan and permit may be amended, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutes, rules, and regulations may be amended,
OR, if the Principal shall provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, and obtain written approval from DTSC of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Director of DTSC, or designee, from the Surety(ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect.
The surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.
Upon notification by DTSC that the Principal has been found in violation of applicable closure requirements, as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, for a facility/TTU for which this bond guarantees performances of closure, the Surety(ies) shall either perform closure in accordance with the closure plan and other permit requirements or place the closure amount guaranteed for the facility/TTU into the standby trust fund as directed by DTSC.
Upon notification by DTSC that the Principal has been found in violation of the postclosure requirements, as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, for a facility/TTU for which this bond guarantees performance of postclosure care, the Surety(ies) shall either perform postclosure care in accordance with the postclosure plan and other permit requirements or place the postclosure amount guaranteed for the facility/TTU into the standby trust fund as directed by DTSC.
Upon notification by DTSC that the Principal has failed to provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14, article 8, and obtain written approval of such assurance from DTSC during the 90 days following receipt by both the Principal and DTSC of a notice of cancellation of the bond, the Surety(ies) shall place funds in the amount guaranteed for the facility(ies)/TTU(s) into the standby trust fund as directed by DTSC.
The Surety(ies) hereby waive(s) notification of amendments to closure plans, permits, applicable laws, statutes, rules, and regulations and agrees that no such amendment shall in any way alleviate its (their) obligation on this bond.
The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.
The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to DTSC provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and DTSC, as evidenced by the return receipts.
The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by DTSC.
[The following paragraph is an optional rider that may be included, but is not required.]
Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new closure and/or postclosure amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission from DTSC.
IN WITNESS WHEREOF, the Principal and Surety(ies) have executed this Performance Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies), that the wording of this surety bond is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (c) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14, article 8, sections 66264.143 and 66264.145.
Principal
 
[Signature(s)]
[Name(s)]
[Title(s)]
[Corporate seal]
Corporate Surety(ies)
 
[Name and address]
State of incorporation:
Liability limit:
[Signature(s)]
[Name(s) and title(s)]
[Corporate seal]
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium:
(d) A letter of credit, as specified in section 66264.143, subsection (d) or section 66264.145, subsection (d) or section 66265.143, subsection (c) or section 66265.145, subsection (c) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
IRREVOCABLE STANDBY LETTER OF CREDIT Date:
 
Irrevocable Standby Letter of Credit No.:
Department of Toxic Substances Control
Financial Responsibility Section
8800 Cal Center Drive
Sacramento, California 95826 Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. [insert number] in your favor at the request and for the account of [insert owner's or operator's name and address] up to the aggregate amount of [amount in words] U.S. dollars $ [insert dollar amount], available upon presentation of:
1. your sight draft bearing reference to this letter of credit No. [insert number], and
2. your signed statement reading as follows:
 "I certify that the amount of the draft is payable pursuant to regulations issued under authority of the California Hazardous Waste Control Law."
An owner or operator who uses a letter of credit to satisfy the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, shall also establish a standby trust agreement.
Each draft shall be marked "Drawn under [insert name of issuing institution] letter of credit No. [insert number] dated [insert date]".
Each draft shall also be accompanied by the original of this letter of credit upon which we may endorse our payment.
This letter of credit is effective as of [insert date] and shall expire on  [insert date at least one year from effective date], but such expiration date shall be automatically extended for a period of at least [insert at least one year] on [insert date] and on each successive expiration date, unless at least 120 days before the current expiration date, we notify both you and [insert owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and [insert owner's or operator's name], as shown on the signed return receipts.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [insert owner's or operator's name] or in accordance with your instructions.
We certify that the wording of this letter of credit is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (d) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8 on the date shown below.
[Signature(s) of official(s) of issuing institution] [Title(s) of official(s) of issuing institution] [Address of official(s) of issuing institution] [Date official(s) of issuing institution sign]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce" or "the Uniform Commercial Code"].
(e) A certificate of insurance, as specified in section 66264.143, subsection (e) or section 66264.145, subsection (e) or section 66265.143, subsection (d) or section 66265.145, subsection (d) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CERTIFICATE OF INSURANCE FOR CLOSURE OR POSTCLOSURE CARE Name and Address of
Insurer (herein called the "Insurer"): Name and Address of Insured (herein
called the "Insured"): Facilities Covered: [List for each
facility/transportable treatment unit (TTU): The EPA Identification Number,
name, address, and the amount of insurance for closure and/or the amount for
postclosure care (these amounts for all facilities covered shall total the face
amount shown below).] Face Amount: Policy Number: Effective Date:
 
The Insurer hereby certifies that it has issued to the Insured the policy of insurance identified above to provide financial assurance for [insert "closure" or "closure and postclosure care" or "postclosure care"] for the facilities/TTU(s) identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (e), section 66264.145, subsection (e), section 66265.143, subsection (d) and section 66265.145, subsection (d) as applicable and as such regulations were constituted on the date shown below. It is agreed that any provision of the policy inconsistent with such regulations is hereby amended to eliminate such inconsistency.
The Insurer certifies that it will not cancel, terminate, or fail to renew this policy except for failure to pay the premium, and that the automatic renewal of the policy provides the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium and the Insurer elects to cancel, terminate, or not renew the policy, the Insurer will send notice by either registered or certified mail to the owner or operator and the Department of Toxic Substances Control (DTSC). Cancellation, termination, or failure to renew may not occur, however, during the one hundred twenty (120) days beginning with the date of receipt of the notice by the owner or operator and the DTSC as evidence by the return receipt. Cancellation, termination or failure to renew will not occur and the policy will remain in full force and effect in the event that on or before the date of expiration:
(1) The DTSC deems the facility/TTU abandoned; or
(2) The permit is terminated or revoked or a new permit is denied by the DTSC; or
(3) Closure is ordered by the DTSC; or any other State or Federal agency, or a court of competent jurisdiction; or
(4) The owner or operator is named as a debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy) U. S. Code; or
(5) The premium due is paid.
Whenever requested by the Department of Toxic Substances Control (DTSC) of the State of California, the Insurer agrees to furnish to DTSC a duplicate original of the original policy listed above, including all endorsements thereon.
In the event this policy is used in combination with another mechanism, this policy shall be considered [insert "primary" or "excess"] coverage.
The parties below certify that the wording of this certificate is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (e) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 8.
[Authorized signature for Insurer] [Name of person signing] [Title of person signing] Signature of witness or notary: [Date]
(f) A letter from the chief financial officer, as specified in section 66264.143, subsection (f) or section 66264.145, subsection (f), or section 66265.143, subsection (e) or section 66265.145, subsection (e) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
LETTER FROM CHIEF FINANCIAL OFFICER
 
Department of Toxic Substances Control Financial Responsibility Section 8800 Cal Center Drive Sacramento, California 95826
I am the chief financial officer of [insert name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance for closure and/or postclosure costs, as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Fill out the following paragraphs regarding facilities/transportable treatment units (TTU) and associated cost estimates. If your firm has no facilities/TTUs that belong in a particular paragraph, write "None" in the space indicated. For each facility/TTU, include its EPA Identification Number, name, address and current closure and/or postclosure cost estimates. Identify each cost estimate separately as to whether it is for closure or postclosure care.]
1. This firm is the owner or operator of the following facilities/TTUs for which financial assurance for closure or postclosure care is demonstrated through the financial test specified in section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e) of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8. The current closure and/or postclosure cost estimates covered by the test are shown for each facility/TTU:__________.
2. This firm guarantees, through the guarantee specified in section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e) of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, the closure and/or postclosure care of the following facilities/TTUs owned or operated by the guaranteed party. The current cost estimates for the closure or postclosure care so guaranteed are shown for each facility/TTU:___________.
The firm identified above is [insert one or more: (1) The direct or higher-tier parent corporation of the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee [insert dollars]; or (3) engaged in the following substantial business relationship with the owner or operator [insert business relationship], and receiving the following value in consideration of the guarantee [insert dollars]]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter.]
3. In states where the U.S. Environmental Protection Agency is not administering the financial requirements of subpart H of 40 CFR parts 264 and 265, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the closure or postclosure care of the following facilities/TTUs through the use of a test equivalent or substantially equivalent to the financial test specified in subpart H of 40 CFR parts 264 and 265 or California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8. The current closure and/or postclosure cost estimates covered by such a test are shown for each facility/TTU:__________.
4. This firm is the owner or operator of the following hazardous waste management facilities/TTUs for which financial assurance for closure or, if a disposal facility, postclosure care, is not demonstrated either to U.S. Environmental Protection Agency or a State through the financial test or any other financial assurance mechanism specified in subpart H of 40 CFR parts 264 and 265, California Code of Regulations, title 22, division 4.5, chapter 14 or 15, article 8 or equivalent or substantially equivalent State mechanisms. The current closure and/or postclosure cost estimates not covered by such financial assurance are shown for each facility/TTU:__________.
5. This firm is the owner or operator of the following Underground Injection Control facilities for which financial assurance for plugging and abandonment is required under 40 CFR part 144. The current closure cost estimates as required by 40 CFR 144.62 are shown for each facility:__________.
This firm [insert "is" or "is not"] required to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [insert month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [insert date].
This firm is using [insert "Alternative I" or "Alternative II"].
[Fill in Alternative I if the criteria of paragraph (f)(1)(A) of sections 66264.143 and 66264.145, or of paragraph (e)(1)(A) of sections 66265.143 and 66265.145 of this division are used. Fill in Alternative II of the criteria of paragraph (f)(1)(B) of sections 66264.143 and 66265.145, or of paragraph (e)(1)(B) of sections 66265.143 and 66265.145 of this division are used.]
ALTERNATIVE I
 
1. Sum of current closure and postclosure cost estimate (total of all cost estimates shown in the five paragraphs above) $ __________
*2. Total liabilities (if any portion of the closure or postclosure cost estimates is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4) $ __________
*3. Tangible net worth $ __________
*4. Net worth $ __________
*5. Current assets $ __________
*6. Current liabilities $ __________
7. Net working capital (line 5 minus line 6) $ __________
*8. The sum of net income plus depreciation, depletion, and amortization $ __________
*9. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $ __________
10. Is line 3 at least $10 million? [Yes/No]
11. Is line 3 at least 6 times line 1? [Yes/No]
12. Is line 7 at least 6 times line 1? [Yes/No]
*13. Are at least 90% of firm's assets located in the U.S.? If not, complete line 14 [Yes/No]
14. Is line 9 at least 6 times line 1? [Yes/No]
15. Is line 2 divided by line 4 less than 2.0? [Yes/No]
16. Is line 8 divided by line 2 greater than 0.1? [Yes/No]
17. Is line 5 divided by line 6 greater than 1.5? [Yes/No]
ALTERNATIVE II
 
1. Sum of current closure and postclosure cost estimates [total of all cost estimates shown in the five paragraphs above] $ __________
2. Current bond rating of most recent issuance of this firm and name of rating service __________ __________
3. Date of issuance of bond __________ __________
4. Date of maturity of bond  __________ __________
*5.Tangible net worth [if any portion of the closure and postclosure cost estimates is included in "total liabilities" on your firm's financial statements, you may add the amount of that portion to this line] $ __________
*6.Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $ __________
7. Is line 5 at least $10 million? [Yes/No]
8. Is line 5 at least 6 times line 1? [Yes/No]
*9. Are at least 90% of firm's assets located in the U.S.? If not, complete line 10 [Yes/No]
10. Is line 6 at least 6 times line 1? [Yes/No]
I hereby certify that the wording of this letter is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (f) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature] [Name] [Title] [Date]
(g) A letter from the chief financial officer, as specified in section 66264.147, subsection (f) or section 66265.147, subsection (f) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
LETTER FROM CHIEF FINANCIAL OFFICER
 
Department of Toxic Substances Control Financial Responsibility Section 8800 Cal Center Drive Sacramento, California 95826
I am the chief financial officer of [insert firm's name and address]. This letter is in support of the use of the financial test to demonstrate financial responsibility for liability coverage [insert "and closure and/or postclosure care" if applicable] as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Fill out the following paragraphs regarding facility(ies)/transportable treatment unit (TTU) and liability coverage. If there are no facility(ies)/ TTU(s) that belong in a particular paragraph, write "None" in the space indicated. For each facility/TTU, include the hazardous waste facility/TTU EPA Identification Number, name, and address, and current liability coverage (indicate sudden and nonsudden coverage amounts separately)].
The firm identified above is the owner or operator of the following facility(ies)/TTU(s) for which liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being demonstrated through the financial test specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147:
The firm identified above guarantees, through the guarantee specified in  California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147, liability coverage for [insert "sudden" or "nonsudden" or both "sudden and nonsudden"] accidental occurrences at the following facility(ies)/TTU(s) owned or operated by the following:
The firm identified above is [insert one or more: (1) the direct or higher tier parent corporation of the owner or operator; (2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of the guarantee [insert dollars]; or (3) engaged in the following substantial business relationship with the owner or operator [insert business relationship], and receiving the following value in consideration of the guarantee [insert dollars]]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter.]
[If you are using the financial test to demonstrate coverage of both liability and financial assurance for closure and/or postclosure care, fill in the following five paragraphs regarding facilities and associated closure and postclosure cost estimates. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility/TTU, include its hazardous waste facility/TTU EPA Identification Number, name, address and current closure and/or postclosure cost estimates. Identify each cost estimate separately as to whether it is for closure or postclosure care.]
1. The firm identified above is the owner or operator of the following facilities/TTUs for which financial assurance for closure and/or postclosure or liability coverage is demonstrated through the financial test as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e). The current closure and/or postclosure cost estimates covered by the test are shown for each facility/TTU:
2. The firm identified above guarantees, through the guarantee as specified in  California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e), the closure and/or postclosure care or liability coverage of the following facilities/TTUs owned or operated by the guaranteed party. The current cost estimates for the closure or postclosure care so guaranteed are shown for each facility/TTU:
3. In States where the U.S. Environmental Protection Agency is not administering the financial requirements of subpart H of 40 CFR parts 264 and 265, this firm as owner, operator or guarantor is demonstrating financial assurance for the closure or postclosure care of the following facilities/TTUs through the use of a financial test equivalent or substantially equivalent to the financial test specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e). The current closure and/or postclosure cost estimates covered by such a test are shown for each facility/TTU:
4. The firm identified above is the owner or operator of the following facilities/TTUs for which financial assurance for closure or, if a disposal facility, postclosure care, is not demonstrated either to U.S. Environmental Protection Agency or a State through the financial test or any other financial assurance mechanism as specified in California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 8 or equivalent or substantially equivalent State mechanisms. The current closure and/or postclosure cost estimates not covered by such financial assurance are shown for each facility/TTU:
5. The firm is the owner or operator or guarantor of the following Underground Injection Control facilities for which financial assurance for plugging and abandonment is required under 40 CFR part 144 and is assured through a financial test. The current closure cost estimates as specified in 40 CFR144.62 are shown for each facility:
This firm [insert "is required" or "is not required"] to file a Form 10K with the Securities and Exchange Commission (SEC) for the latest fiscal year.
The fiscal year of this firm ends on [insert date]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [insert date].
This firm is using [insert "Alternative I" or "Alternative II"] for Part A  [and [if this financial test includes closure and/or postclosure care, insert "Alternative I" or "Alternative II"] for Part B].
Part A. Liability Coverage for Accidental Occurrences
 
[Fill in Alternative I if the criteria of paragraph (f)(1)(A) of section 66264.147 or section 66265.147 are used. Fill in Alternative II if the criteria of paragraph (f)(1)(B) of section 66264.147 or section 66265.147 are used.]
ALTERNATIVE I
 
1. Amount of annual aggregate liability coverage to be demonstrated $ __________
*2. Current assets $ __________
*3. Current liabilities $ __________
4. Net working capital [line 2 minus line 3] $ __________
*5. Tangible net worth $ __________
*6. If less than 90 percent of assets are located in the United States, give total United States assets $ __________
7. Is line 5 at least $10 million? [Yes/No]
8. Is line 4 at least 6 times line 1? [Yes/No]
9. Is line 5 at least 6 times line 1? [Yes/No]
10. Are at least 90 percent of assets located in the United States? If not, complete line 11. [Yes/No]
11. Is line 6 at least 6 times line 1? [Yes/No]
ALTERNATIVE II
 
1. Amount of annual aggregate liability coverage to be demonstrated $ __________
2. Current bond rating of most recent issuance and name of rating service $ __________
3. Date of issuance of bond $ __________
4. Date of maturity of bond $ __________
*5. Tangible net worth $ __________
*6. Total assets in the United States [required only if less than 90 percent of assets are located in the United States] $ __________
7. Is line 5 at least $10 million? [Yes/No]
8. Is line 5 at least 6 times line 1? [Yes/No]
*9. Are at least 90 percent of assets located in the United States? [Yes/No]
10. Is line 9 at least 6 times line 1? [Yes/No]
[Fill in Part B if you are using the financial test to demonstrate assurance of both liability coverage and closure or postclosure care.]
Part B. Closure or Postclosure Care and Liability Coverage
 
[Fill in Alternative I if the criteria of paragraphs (f)(1)(A) of 66264.143 or 66264.145 and/or (f)(1)(A) of 66264.147 are used or if the criteria of paragraphs (e)(1)(A) of 66265.143 or 66265.145 and/or (f)(1)(A) of 66265.147 are used. Fill in Alternative II if the criteria of paragraphs (f)(1)(B) of 66264.143 or 66264.145 and/or (f)(1)(B) of 66264.147 are used or if the criteria of paragraphs (e)(1)(B) of 66265.143 or 66265.145 and (f)(1)(B) of 66265.147 are used.]
ALTERNATIVE I
 
1. Sum of current closure and postclosure cost estimates (Total of all cost estimates shown in the paragraphs of the letter to the Director of the Department of Toxic Substances Control) $ __________
2. Amount of annual aggregate liability coverage to be demonstrated $ __________
3. Sum of lines 1 and 2 $ __________
*4. Total liabilities (if any portion of your closure or postclosure cost estimate is included in your total liabilities, you may deduct that portion from this line and add that amount to lines 5 and 6) $ __________
*5. Tangible net worth $ __________
*6. Net worth $ __________
*7. Current assets $ __________
*8. Current liabilities $ __________
9. Net working capital (line 7 minus line 8) $ __________
10. The sum of net income plus depreciation, depletion, and amortization $ __________
*11. Total assets in the United States (required only if less than 90 percent of firm's assets are located in the United States) $ __________
12. Is line 5 at least $10 million? [Yes/No]
13. Is line 5 at least 6 times line 3? [Yes/No]
14. Is line 9 at least 6 times line 3? [Yes/No]
*15. Are at least 90 percent of the firm's assets located in the United States? If not, complete line 16 [Yes/No]
16. Is line 11 at least 6 times line 3? [Yes/No]
17. Is line 4 divided by line 6 less than 2.0? [Yes/No]
18. Is line 10 divided by line 4 greater than 0.1? [Yes/No]
19. Is line 7 divided by line 8 greater than 1.5? [Yes/No]
ALTERNATIVE II
 
1. Sum of current closure and postclosure cost estimates (Total of all cost estimates shown in the paragraphs of the letter to the Director of the Department of Toxic Substances Control $ __________
2. Amount of annual aggregate liability coverage to be demonstrated $ __________
3. Sum of lines 1 and 2 $ __________
4. Current bond rating of most recent issuance and name of rating service: __________ __________
5. Date of issuance of bond: __________ __________
6. Date of maturity of bond:  __________ __________
*7. Tangible net worth (if any portion of the closure and post closure cost estimates is included in "total liabilities" on your firm's financial statements, you may add the amount of that portion to this line.) __________ __________
*8. Total assets in the United States (required only if less than 90 percent of firm's assets are located in the United States) $_____
9. Is line 7 at least $10 million? [Yes/No]
10. Is line 7 at least 6 times line 3? [Yes/No]
*11. Are at least 90 percent of the firm's assets located in the United States? If not, complete line 12. [Yes/No]
12. Is line 8 at least 6 times line 3? [Yes/No]
I hereby certify that the wording of this letter is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (g) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature]
[Name]
[Title]
[Date]
(h)(1) A corporate guarantee, as specified in section 66264.143, subsection  (f) or section 66264.145, subsection (f), or section 66265.143, subsection (e) or section 66265.145, subsection (e) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CORPORATE GUARANTEE FOR CLOSURE OR POSTCLOSURE CARE
 
Department of Toxic Substances Control Financial Responsibility Section 8800 Cal Center Drive Sacramento, California 95826
Guarantee made this [insert date] by [insert name of guaranteeing entity], a business corporation organized under the laws of the State of [insert name of State], herein referred to as guarantor, to the Department of Toxic Substances Control (DTSC), obligee, on behalf of our subsidiary [insert owner or operator name and business address].
This guarantee is made on behalf of the [insert owner or operator name], which is [one of the following: "our subsidiary"; "a subsidiary of (name and address of common parent corporation) of which guarantor is a subsidiary"; or "an entity with which the guarantor has a substantial business relationship, as defined in California Code of Regulations, title 22, division 4.5, chapter 10, article 2, section 66260.10"] to the DTSC.
RECITALS
 
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), and section 66265.145, subsection (e).
2. [Insert owner or operator's name] owns at least 50 percent of the voting stock of and/or operates the following hazardous waste management facility(ies)/transportable treatment unit(s) (TTU) covered by this guarantee: [List for each facility/TTU: EPA Identification Number, name, and address. Indicate for each whether guarantee is for closure, postclosure care, or both. Include closure and postclosure amounts, shown separately.]
3. "Closure plans" and "postclosure plans" as used below refer to the plans maintained as required by California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 7, for the closure and postclosure care of facilities/TTU(s) as identified above.
4. For value received from [insert owner or operator name], guarantor guarantees to DTSC that in the event that [insert owner or operator name] fails to perform [insert "closure", "postclosure care" or "closure and postclosure care"] of the above facility(ies)/TTU(s) in accordance with the closure or postclosure plans and other permit or interim status requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, in the name of [insert owner or operator name] in the amount of the current closure or postclosure cost estimates as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
5. Guarantor agrees that if, at any time during or at the end of any fiscal year before the termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail, notice to DTSC and to [insert owner or operator name] that he or she intends to provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8 as applicable, in the name of [insert owner or operator name]. Within 120 days after the end of such fiscal year or other occurrence, the guarantor shall establish such alternate financial assurance unless [insert owner or operator name] has done so.
6. The guarantor agrees to notify DTSC by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming guarantor as debtor within ten (10) days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by DTSC of a determination that guarantor no longer meets the financial test criteria or that he or she is disallowed from continuing as a guarantor of closure or postclosure care, he or she shall establish alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, in the name of [insert owner or operator name] unless [insert owner or operator name] has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the closure or postclosure plan, amendment or modification of the permit, the extension or reduction of the time of performance of closure or postclosure, or any other modification or alteration of an obligation of the owner or operator pursuant to California Code of Regulations, title 22, division 4.5.
9. Guarantor agrees to remain bound under this guarantee for as long as [insert owner or operator name] shall comply with the applicable financial assurance requirements of California Code of Regulations, title 22, division 4.5 for the above listed facilities/TTUs, except as provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose parent corporation is also the parent corporation of the owner or operator]:
Guarantor may terminate this guarantee by sending notice by certified mail to DTSC and to [insert owner or operator name], provided that this guarantee may not be terminated unless and until the [insert owner or operator name] obtains, and DTSC approve(s), alternate closure and/or postclosure care coverage complying with California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with its owner or operator.]
Guarantor may terminate this guarantee 120 days following the receipt of notification, through either registered or certified mail, by DTSC and by [insert owner or operator name].
11. Guarantor agrees that if [insert owner or operator name] fails to provide alternate financial assurance as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, as applicable, and obtain written approval of such assurance from DTSC within 90 days after a notice of cancellation by the guarantor is received by DTSC from guarantor, guarantor shall provide such alternate financial assurance in the name of [insert owner or operator name].
12. Guarantor expressly waives notice of acceptance of this guarantee by DTSC or by [insert owner or operator name]. Guarantor also expressly waives notice of amendments or modifications of the closure and/or postclosure plan and of amendments or modifications of the facility/TTU permit(s).
The parties hereby certify that the wording of this guarantee is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (h)(1) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
Effective date:
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness or notary:
(2) A guarantee, as specified in section 66264.147, subsection (f) or  section 66265.147, subsection (f) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
GUARANTEE FOR LIABILITY COVERAGE Department of Toxic Substances Control
Financial Responsibility Section 8800 Cal Center Drive Sacramento, California
95826
 
Guarantee made by this [insert date] by [insert name of guaranteeing entity] a business corporation organized under the laws of [if incorporated within the United States, insert "the State of [insert name of State]"; if incorporated outside the United States, insert the name of the country in which incorporated, the principal place of business within the United States, and the name and address of the registered agent in the State of the principal place of business], herein referred to as guarantor. This guarantee is made on behalf of [insert owner or operator name] of [insert business address] which is one of the following: [insert "our subsidiary"; "a subsidiary of [insert name and address of common parent corporation] of which guarantor is a subsidiary"; or "an entity with which guarantor has a substantial business relationship, as defined in California Code of Regulations, title 22, division 4.5, chapter 10, article 2, section 66260.10"], to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [insert "sudden" and/or "nonsudden"] accidental occurrences arising from operation of the facility(ies)/transportable treatment unit(s) (TTU) covered by this guarantee.
RECITALS
 
1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147.
2. [Insert owner or operator name] owns or operates the following hazardous waste management facility(ies)/TTU(s) covered by this guarantee: [List for each facility/TTU: EPA Identification Number, name, and address; and if guarantor is incorporated outside the United States, list the name and address of the guarantor's registered agent in each State.]. This corporate guarantee satisfies California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, third-party liability requirements for [insert "sudden", "nonsudden" or "both sudden and nonsudden"] accidental occurrences in the above-named owner or operator facility(ies)/TTU(s) for coverage in the amount of $ [insert dollar amount] per facility/TTU per occurrence and $ [insert dollar amount] annual aggregate.
3. For value received from [insert owner or operator name], guarantor guarantees to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [insert "sudden" and/or "nonsudden"] accidental occurrences arising from operations of the facility(ies)/TTU(s) covered by this guarantee that in the event that [insert owner or operator name] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [insert "sudden" and/or "nonsudden"] accidental occurrences, arising from the operation of the above-named facility(ies)/TTU(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor will satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage identified above.
4. Such obligation does not apply to the following:
(a) Bodily injury or property damage for which [insert owner or operator name] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert owner or operator name] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or operator name] under a workers' compensation, disability benefits, or unemployment compensation law or any similar laws.
(c) Bodily injury to:
(1) An employee of [insert owner or operator name] arising from, and in the course of, employment by [insert owner or operator name]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert owner or operator name]. This exclusion applies:
(A) Whether [insert owner or operator name] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (A) and (B).
(d) Bodily injury or property, damages arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert owner or operator name];
(2) Premises that are sold, given away, or abandoned by [insert owner or operator name] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert owner or operator name];
(4) Personal property in the care, custody, or control of [insert owner or operator name];
(5) That particular part of real property on which the [insert owner or operator name] or any contractor or subcontractors working directly or indirectly on behalf of the [insert owner or operator name] are performing operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at any time during or at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within ninety (90) days, by certified mail, notice to the Department of Toxic Substances Control (DTSC) and to [insert owner or operator name] that he or she intends to provide alternate liability coverage as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147, as applicable, in the name of [insert owner or operator name]. Within 90 days after the end of such fiscal year, the guarantor shall establish such liability coverage unless [insert owner or operator name] has done so.
6. The guarantor agrees to notify the DTSC by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), United States Code, naming guarantor as debtor, within ten (10) days after commencement of the proceedings.
7. Guarantor agrees that within thirty (30) days after being notified by the DTSC of a determination that the guarantor no longer meets the financial test criteria or that he or she is disallowed from continuing as a guarantor, he or she shall establish alternate liability coverage as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147 in the name of [insert owner/operator name], unless the [insert owner or operator name name] has done so.
8. Guarantor reserves the right to modify this agreement to take into account amendment or modification of the liability requirements set by California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147, provided that such modification shall become effective only if DTSC does not disapprove the modification within thirty (30) days of receipt of notification of the modification.
9. Guarantor agrees to remain bound under this guarantee for so long as [insert owner/operator name] shall comply with the applicable requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147 for the above-listed facility(ies)/TTU(s), except as provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose parent corporation is also the parent corporation of the owner or operator name]:
Guarantor may terminate this guarantee by sending notice by certified mail to DTSC, and to [insert owner or operator name], provided that this guarantee may not be terminated unless and until the [insert owner or operator name] obtains, and DTSC approves alternate liability coverage complying with California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147.
[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with the owner or operator].
Guarantor may terminate this guarantee 120 days following receipt of notification, through certified mail, by DTSC and by [insert owner or operator name].
11. Guarantor hereby expressly waives notice of acceptance of this guarantee by any party.
12. Guarantor agrees that this guarantee is in addition to and does not affect any other responsibility or liability of the guarantor with respect to the covered facility(ies)/TTU(s).
13. The guarantor shall satisfy a third-party liability claim only on receipt of one of the following documents:
(a) Certification from the Principal and the third-party liability claimant(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
CERTIFICATION OF VALID CLAIM
 
The undersigned, as parties [insert principal name] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [insert "sudden" and/or "nonsudden"] accidental occurrence arising from operating [insert Principal's name and facility type(s) hazardous waste "treatment", "storage" or disposal" facility/transportable treatment unit (TTU)] should be paid in the amount of $ [insert dollars].
[Signatures]
Principal
(Notary) Date
[Signatures]
Claimant(s)
(Notary) Date
(b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility/TTU or group of facility(ies)/TTU(s).
14. In the event of combination of this guarantee with another mechanism to meet liability requirements, this guarantee will be considered [insert "primary" or "excess"] coverage.
I hereby certify that the wording of this guarantee is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (h)(2) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
Effective date:
[Name of guarantor]
[Authorized signature for guarantor]
[Name of person signing]
[Title of person signing]
Signature of witness of notary:
(i) A hazardous waste facility liability endorsement as required in section 66264.147 or section 66265.147 shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
HAZARDOUS WASTE FACILITY LIABILITY ENDORSEMENT
 
1. This endorsement certifies that the Insurer has issued liability insurance covering bodily injury and property damage to [name of insured], [address of insured] in connection with the insured's obligation to demonstrate financial responsibility under California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147. The coverage applies at [list EPA Identification Number, name, and address for each facility/transportable treatment unit (TTU)] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the Insurer's liability], exclusive of legal defense costs. The coverage provided by the above policy is [insert "primary" or "excess"]. If excess coverage, the primary coverage mechanism shall also be demonstrated.
2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions of the policy inconsistent with subsections (a) through (e) of this Paragraph 1 are hereby amended to conform with subsections (a) through (e). The Insurer certifies the following with respect to the insurance described above:
(a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147.
(c) Whenever requested by the Department of Toxic Substances Control (DTSC), the Insurer agrees to furnish to DTSC a signed duplicate original of the policy and all endorsements.
(d) Cancellation of the insurance, whether by the Insurer, the insured, a parent corporation providing insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the hazardous waste management facility/TTU, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by DTSC as evidenced by the return receipt.
(e) Any other termination of the insurance will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by DTSC as evidenced by the return receipt.
Attached to and forming part of policy No. [insert policy number] issued by  [insert name of Insurer], herein called the Insurer, of [insert address of Insurer] to [insert name of insured] of [insert address of insured] this [insert day] day of [insert month] , [insert year] . The effective date of said policy is [insert day] day of [insert month].
I hereby certify that the wording of this endorsement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (i), is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
[Signature of Authorized Representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(j) A certificate of liability insurance as required in section 66264.147 or section 66265.147 shall be worded as follows, except that the instructions in brackets are to be replaced with the relevant information and the brackets deleted:
HAZARDOUS WASTE FACILITY CERTIFICATE OF LIABILITY INSURANCE
 
1. [Insert name of Insurer], (the "Insurer"), of [insert address of Insurer] hereby certifies that it has issued liability insurance covering bodily injury and property damage to [insert name of insured], (the "insured"), of [insert address of insured] in connection with the insured's obligation to demonstrate financial responsibility under California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, sections 66264.147 and 66265.147. The coverage applies at the facilities/transportable treatment units (TTU) [list EPA Identification Number, name, and address for each facility/TTU] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the Insurer's liability], exclusive of legal defense costs. The coverage is provided under policy number [insert policy number], issued on [insert date]. The effective date of said policy is [insert date]. The coverage provided by the above policy is [insert "primary" or "excess"]. If excess coverage, the primary coverage mechanism shall also be demonstrated.
2. The Insurer further certifies the following with respect to the insurance described above:
(a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy.
(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, section 66264.147 and 66265.147.
(c) Whenever requested by the Department of Toxic Substances Control (DTSC), the Insurer agrees to furnish to DTSC a signed duplicate of the original of the policy and all endorsements.
(d) Cancellation of the insurance, whether by the Insurer, the insured, a parent corporation providing insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the hazardous waste management facility/TTU will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by DTSC as evidenced by the return receipt.
(e) Any other termination of the insurance will be effective only upon written notice and only after the expiration of thirty (30) days after a copy of such written notice is received by the DTSC as evidenced by the return receipt.
I hereby certify that the wording of this instrument is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (j), is being executed in accordance with California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
[Signature of authorized representative of Insurer]
[Type name]
[Title], Authorized Representative of [name of Insurer]
[Address of Representative]
(k) A letter of credit, as specified in section 66264.147, subsection (h) or section 66265.147, subsection (h) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
IRREVOCABLE STANDBY LETTER OF CREDIT
 
Date:
Irrevocable Standby Letter of Credit No.:
Department of Toxic Substances Control
Financial Responsibility Section
8800 Cal Center Drive
Sacramento, California 95826
Dear Sir or Madam:
We hereby establish our Irrevocable Standby Letter of Credit No. [insert number] in favor of [ "any and all third-party liability claimants" or insert name of trustee of the standby trust fund], at the request and for the account of [insert owner or operator's name and address] for third-party liability awards or settlements up to [in words] U.S. dollars $ [insert dollar amount] per occurrence, and the annual aggregate amount of [in words] U.S dollars $ [insert dollar amount] for sudden accidental occurrences and/or for third-party liability awards or settlements up to the amount of [in words] U.S. dollars $ [insert dollar amount] per occurrence, and the annual aggregate amount of [in words] U.S dollars $ [insert dollar amount] for nonsudden accidental occurrences available upon presentation of a sight draft bearing reference to this letter of credit No. [insert letter of credit number], and
[insert the following language if the letter of credit is being used without a standby trust fund:] "(1) A signed certificate reading as follows:
CERTIFICATE OF VALID CLAIM
 
The undersigned, as parties [insert principal name] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury [insert and/or] property damage caused by a [insert "sudden" or "nonsudden"] accidental occurrence arising from operations of [insert principal name] hazardous waste transfer, treatment, storage, or disposal facility should be paid in the amount of $ [insert dollar amount]. We hereby certify that the claim does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal name] is obligated to pay damages by reason of assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert principal name] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal name] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal name] arising from, and in the course of, employment by [insert principal name]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal name]. This exclusion applies:
(A) Whether [insert principal name] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented or occupied by [insert principal name];
(2) Premises that are sold, given away, or abandoned by [insert principal name] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert principal name];
(4) Personal property in the care, custody or control of [insert principal name];
(5) That particular part of real property on which [insert principal name] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal name] are performing operations, if the property damage arises out of these operations.
[Signatures]
Grantor
[Signatures]
Claimant(s)
or (2) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from operation of the Grantor's facility/transportable treatment unit (TTU) or group of facilities/TTUs.
This letter of credit is effective as of [insert date] and shall expire on  [insert date at least one year from effective date], but such expiration date shall be automatically extended for a period of [at least one year] on [insert date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you, the Director of the Department of Toxic Substances Control, and [insert owner or operator name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.
Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us.
[Include the following language if a standby trust fund is not being used: "In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered [insert "primary" or "excess" coverage]."]
We certify that the wording of this letter of credit is identical to the wording as specified in California Code of Regulations, title 22, section 66264.151, subsection (k) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8 on the date shown below.
[Signature[s] of official[s] of issuing institution]
[Title[s] of official[s] of issuing institution]
[Address of official[s] of issuing institution]
[Date official[s] of issuing institution sign]
This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code"].
(l) A surety bond, as specified in section 66264.147, subsection (i) or  section 66265.147, subsection (i) of this division, shall be worded as follows: except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
PAYMENT BOND
 
Surety Bond No. [insert number]
Parties [insert name and address of owner or operator], Principal, incorporated in [insert State of incorporation] of [insert city and State of principal place of business] and [insert name and address of surety company(ies)], Surety Company(ies), of [insert surety(ies) place of business].
EPA Identification Number, name, and address for each facility/transportable treatment unit (TTU) guaranteed by this bond: [insert EPA Identification Number, name, and address for each facility/transportable treatment unit]
                  Sudden accidental       Nonsudden accidental
                  occurrences             occurrences
________________________________________
Penal Sum Per     [insert dollar amount]  [insert dollar amount]
Occurrence
Annual Aggregate  [insert dollar amount]  [insert dollar amount]
________________________________________
 
Purpose: This is an agreement between the Surety(ies) and the Principal under which the Surety(ies), its (their) successors and assignees, agree to be responsible for the payment of claims against the Principal for bodily injury and/or property damage to third parties caused by [ "sudden" and/or "nonsudden"] accidental occurrences (as identified above) arising from the operations of the facility/TTU or group of facilities/TTUs in the sums prescribed herein; subject to the governing provisions and the following conditions.
Governing Provisions:
(1) Section 25205 of the California Health and Safety Code.
(2) Rules and regulations of the Department of Toxic Substances Control  (DTSC), California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8, particularly sections 66264.147 or 66265.147.
Conditions:
(1) The Principal is subject to the applicable governing provisions that require the Principal to have and maintain liability coverage for bodily injury and property damage to third parties caused by [ "sudden" and/or "nonsudden"] accidental occurrences (as identified above) arising from operations of the facility/TTU or group of facilities/TTUs. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert principal name] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert principal name] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal name] under a workers' compensation, disability benefits, or unemployment compensation law or similar law.
(c) Bodily injury to:
1. An employee of [insert principal name] arising from, and in the course of, employment by [insert principal name]; or
2. The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal name]. This exclusion applies:
A. Whether [insert principal name] may be liable as an employer or in any other capacity; and
B. To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
1. Any property owned, rented, or occupied by [insert principal name];
2. Premises that are sold, given away or abandoned by [insert principal name] if the property damage arises out of any part of those premises;
3. Property loaned to [insert principal name];
4. Personal property in the care, custody or control of [insert principal name];
5. That particular part of real property on which [insert principal name] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal name] are performing operations, if the property damage arises out of these operations.
(2) This bond assures that the Principal will satisfy valid third-party liability claims, as described in condition 1.
(3) If the Principal fails to satisfy a valid third-party liability claim, as described above, the Surety(ies) becomes liable on this bond obligation.
(4) The Surety(ies) shall satisfy a third-party liability claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the third party claimant(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets to be replaced with the relevant information and the brackets deleted:
CERTIFICATION OF VALID CLAIM
 
The undersigned, as parties [insert name of principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [ "sudden" or "nonsudden"] accidental occurrence arising from operating [principal's] hazardous waste transfer, treatment, storage, or disposal facility/TTU should be paid in the amount of $ [insert dollar amount].
[Signature]
Principal
[Notary]: Date:
[Signature]
Claimant(s):
[Notary]: Date:
or (b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility/TTU or group of facilities/TTUs.
(5) In the event of combination of this bond with another mechanism for liability coverage, this bond will be considered [insert "primary" or "excess"] coverage.
(6) The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond. In no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum, provided that the Surety(ies) furnish(es) notice to DTSC forthwith of all claims filed and payments made by the Surety(ies) under this bond.
(7) The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and the DTSC, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by the Principal and the DTSC, as evidenced by the return receipt.
(8) The Principal may terminate this bond by sending written notice to the Surety(ies) and to the DTSC.
(9) The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in any way alleviate its (their) obligation on this bond.
(10) This bond is effective from [insert date] (12:01 a.m., standard time, at the address of the Principal as stated herein) and shall continue until terminated as described above.
In Witness Whereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.
The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies), that the wording of this surety bond is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (l), and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapters 14 and 15, article 8.
PRINCIPAL
 
[Signature(s)]:
[Name(s)]:
[Title(s)]:
[Corporate Seal]:
CORPORATE SURETY(IES)
 
[Name and address]:
State of Incorporation:
Liability Limit:
[Signature(s)]:
[Name(s) and title(s)]:
[Corporate Seal]:
[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]
Bond premium:
(m)(1) A trust agreement, as specified in section 66264.147, subsection (j) or section 66265.147, subsection (j) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
TRUST AGREEMENT
 
Trust Agreement, the "Agreement," entered into as of [date] by and between  [name of the owner or operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of [name of State]" or "a national bank"], the "Trustee."
WHEREAS, the Department of Toxic Substances Control (DTSC), a department of the State of California, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility/transportable treatment unit (TTU) or group of facilities/TTUs shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from the operations of the facility/TTU or group of facilities/TTUs.
WHEREAS, the Grantor has elected to establish a trust to assure all or part of such financial responsibility for the facilities/TTUs identified herein.
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions.As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successor or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means the State of California, Department of Toxic Substances Control.
Section 2. Identification of Facilities/TTUs.This agreement pertains to the facilities/TTUs identified on the attached Schedule A [on Schedule A for each facility/TTU, list the EPA Identification Number, name, and address of the facility(ies)/TTU(s) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement].
Section 3. Establishment of Fund.The Grantor and Trustee hereby establish a trust fund, hereinafter the "Fund," for the benefit of any and all third parties injured or damaged by [ "sudden" and/or "nonsudden"] accidental occurrences arising from operation of the facility(ies)/TTU(s) covered by this Guarantee, in the amounts of [up to one million dollars] per occurrence _________ and [up to two million dollars] annual aggregate for sudden accidental occurrences and ___________ [up to three million dollars] per occurrence and ___________ [up to six million dollars] annual aggregate for non sudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert grantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert grantor] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert grantor] under a workers' compensation, disability benefit, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert grantor] arising from, and in the course of, employment by [insert grantor]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert grantor].
This exclusion applies:
(A) Whether [insert grantor] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert grantor];
(2) Premises that are sold, given away or abandoned by [insert grantor] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert grantor];
(4) Personal property in the care, custody or control of [insert grantor];
(5) That particular part of real property on which [insert grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert grantor] are performing operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Beneficiary.
Section 4. Payment for Bodily Injury or Property Damage.The Trustee shall satisfy a third party liability claim by making payments from the Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimants(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
CERTIFICATION OF VALID LIABILITY CLAIM
 
The undersigned, as parties [insert name of grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by [ "sudden" or "nonsudden"] accidental occurrence arising from operating hazardous waste transfer, treatment, storage, or disposal facility/TTU should be paid in the amount of $ [insert dollar amount].
[Signature]
[Grantor]
[Signature]
[Claimant(s)]
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility/TTU or group of facilities/TTUs.
Section 5. Payments Comprising the Fund.Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.
Section 6. Trustee Management.The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the Beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities/TTUs, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 United States Code section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or State government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 United States Code section 80a-1 et seq., including one which may be created, managed, underwritten or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.
Section 10. Annual Valuation.The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Beneficiary a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and Beneficiary shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.
Section 11. Advice of Counsel.The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 12. Trustee Compensation.The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 13. Successor Trustee.The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason, the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, Beneficiary, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 14. Instructions to the Trustee.All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests and instructions. All orders, requests, and instructions by the Beneficiary to the Trustee shall be in writing, signed by the Beneficiary designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or Beneficiary, except as provided for herein.
Section 15. Notice of Nonpayment.If a payment for bodily injury or property damage is made under Section 4 of this Trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof within five (5) working days. The Grantor shall, on or before the anniversary date of the establishment of the Fund following such notice, either make payments to the Trustee in amounts sufficient to cause the Trust to return to its value immediately prior to the payment of claims under Section 4, or shall provide written proof to the Trustee that other financial assurance for liability coverage has been obtained equaling the amount necessary to return the Trust to its value prior to the payment of claims. If the Grantor does not either make payments to the Trustee or provide the Trustee with such proof, the Trustee shall within 10 working days after the anniversary date of the establishment of the Fund provide a written notice of nonpayment to the Beneficiary.
Section 16. Amendment of Agreement.This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist.
Section 17. Irrevocability and Termination.Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
The Beneficiary will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section.
Section 18. Immunity and Indemnification.The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Beneficiary issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 19. Choice of Law.This Agreement shall be administered, construed and enforced according to the laws of the State of California.
Section 20. Interpretation.As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
Section 21. Primary or Excess Coverage. In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (m) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgement which shall accompany the trust agreement for a trust fund as specified in section 66264.147, subsection (j) or section 66265.147, subsection (j) of this division. State requirements may differ on the proper content of this acknowledgement.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
(n)(1) A standby trust agreement, as specified in section 66264.147, subsection (h) or section 66265.147, subsection (h) of this division, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:
STANDBY TRUST AGREEMENT
 
Trust Agreement, the "Agreement," entered into as of [date] by and between  [name of the owner or operator] a [name of a state] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert, "incorporated in the State of [name of State]" or "a national bank"], the "Trustee."
WHEREAS, the Department of Toxic Substances Control (DTSC), a department of the State of California, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a hazardous waste management facility/transportable treatment unit (TTU) or group of facilities/TTUs shall demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from the operations of the facility/TTU or group of facilities/TTUs.
WHEREAS, the Grantor has elected to establish a standby trust into which the proceeds from a letter of credit may be deposited to assure all or part of such financial responsibility for the facilities/TTUs identified herein.
WHEREAS, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.
NOW, THEREFORE, the Grantor and the Trustee agree as follows:
Section 1. Definitions.As used in this Agreement:
(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successor or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Beneficiary" means the State of California, Department of Toxic Substances Control.
Section 2. Identification of Facilities/TTUs. This agreement pertains to the facilities/TTUs identified on the attached Schedule A [on Schedule A for each facility/TTU, list the EPA Identification Number, name, and address of the facility(ies)/TTU(s) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement]
Section 3. Establishment of Fund.The Grantor and Trustee hereby establish a standby trust fund, hereinafter the "Fund," for the benefit of any and all third parties injured or damaged by [ "sudden" and/or "nonsudden"] accidental occurrences arising from operation of the facility(ies)/TTU(s) covered by this Guarantee, in the amounts of [up to one million dollars] per occurrence and ________ [up to two million dollars] annual aggregate for sudden accidental occurrences and _______ [up to three million dollars] per occurrence and _________ [up to six million dollars] annual aggregate for non sudden occurrences, except that the Fund is not established for the benefit of third parties for the following:
(a) Bodily injury or property damage for which [insert grantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert grantor] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert grantor] under a workers' compensation, disability benefit, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert grantor] arising from, and in the course of, employment by [insert grantor]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert grantor].
This exclusion applies:
(A) Whether [insert grantor] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who shall pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert grantor];
(2) Premises that are sold, given away or abandoned by [insert grantor] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert grantor];
(4) Personal property in the care, custody or control of [insert grantor];
(5) That particular part of real property on which [insert grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert grantor] are performing operations, if the property damage arises out of these operations.
In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
The Fund is established initially as consisting of the proceeds of the letter of credit deposited into the Fund. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities for of the Grantor established by the Beneficiary.
Section 4. Payment for Bodily Injury or Property Damage. The Trustee shall satisfy a third party liability claim by drawing on the letter of credit described in Schedule B and by making payments from the Fund only upon receipt of one of the following documents:
(a) Certification from the Grantor and the third party claimant(s) that the liability claim should be paid. The certification shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.
CERTIFICATION OF VALID LIABILITY CLAIM
 
The undersigned, as parties [insert name of grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by [ "sudden" or "nonsudden"] accidental occurrence arising from operating [insert name of grantor]'s hazardous waste treatment, storage, or disposal facility/TTU should be paid in the amount of $[insert dollar amount].
[Signature]
Grantor
[Signature]
Claimant(s)
(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility/TTU or group of facilities/TTUs.
Section 5. Payments Comprising the Fund.Payments made to the Trustee for the Fund shall consist of the proceeds from the letter of credit drawn upon by the Trustee in accordance with the requirements of title 22, California Code of Regulations, section 66264.151, subsection (k) and Section 4 of this Agreement.
Section 6. Trustee Management.The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his or her duties with respect to the trust fund solely in the interest of the Beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:
(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities/TTUs, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 United States Code section 80a-2(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or State government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.The Trustee is expressly authorized in its discretion:
(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 United States Code section 80a-1 et seq., including one which may be created, managed, underwritten or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.Without in any way limiting the powers and discretion conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:
(a) To sell, exchange, convey, transfer or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or State government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements to the Trustee shall be paid from the Fund.
Section 10. Advice of Counsel.The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.
Section 11. Trustee Compensation.The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.
Section 12. Successor Trustee.The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment; the Trustee shall assign, transfer and pay over to the successor trustee the funds and properties then constituting the Fund. If, for any reason, the Grantor cannot or does not act in the event of the resignation of the Trustee; the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, Beneficiary, and the present Trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.
Section 13. Instructions to the Trustee.All orders, requests, certifications of valid claims and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests and instructions. All orders, requests and instructions by the Beneficiary to the Trustee shall be in writing, signed by the Beneficiary designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Beneficiary hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests and instructions from the Grantor and/or Beneficiary, except as provided for herein.
Section 14. Amendment of Agreement. This agreement may be amended by an instrument in writing executed by the Grantor, the Trustee and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist.
Section 15. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Beneficiary, or by the Trustee and the Beneficiary, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.
Section 16. Immunity and Indemnification.The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Beneficiary issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.
Section 17. Choice of Law.This Agreement shall be administered, construed and enforced according to the laws of the State of California.
Section 18. Interpretation.As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.
Section 19. Primary or Excess Coverage.In the event of combination with another mechanism for liability coverage, the fund shall be considered [insert "primary" or "excess"] coverage.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in California Code of Regulations, title 22, section 66264.151, subsection (n) and is being executed in accordance with the requirements of California Code of Regulations, title 22, division 4.5, chapter 14 and 15, article 8.
[Signature of Grantor]
[Title]
Attest:
[Title]
[Seal]
[Signature of Trustee]
Attest:
[Title]
[Seal]
(2) The following is an example of the certification of acknowledgement which shall accompany the trust agreement for a standby trust fund as specified in section 66264.147, subsection (h) or section 66265.147, subsection (h) of this division. State requirements may differ on the proper content of this acknowledgement.
State of
County of
On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.
[Signature of Notary Public]
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; and 40 CFR Section 264.151. 
  

 



s 66264.170. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities that transfer or store containers of hazardous waste, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.170. 
  
 



s 66264.171. Use and Management of Containers.
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition or manage the waste in some other way that complies with the requirements of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.171. 
  
 



s 66264.172. Compatibility of Waste with Containers.
The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be transferred or stored, so that the ability of the container to contain the waste is not impaired.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.172. 
  
 



s 66264.173. Management of Containers.
 (a) A container holding hazardous waste shall always be closed during transfer and storage, except when it is necessary to add or remove waste.
(b) A container holding hazardous waste shall not be opened, handled, transferred or stored in a manner which may rupture the container or cause it to leak. Reuse of containers for transportation shall comply with the requirements of the U.S. Department of Transportation regulations including those set forth in 49 CFR section 173.28.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.173. 
  
 



s 66264.174. Inspections.
At least weekly, the owner or operator shall inspect areas used for container storage or transfer, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25195.5, Health and Safety Code; 40 CFR Section 264.174. 
  
 



s 66264.175. Containment.
 (a) Container transfer and storage areas shall have a containment system that is designed and operated in accordance with subsection (b) of this section.
(b) A containment system shall be designed and operated as follows:
(1) a base shall underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;
(2) the base shall be sloped or the containment system shall be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;
(3) the containment system shall have sufficient capacity to contain precipitation from at least a 24-hour, 25-year storm plus 10 % of the aggregate volume of all containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination;
(4) run-on into the containment system shall be prevented unless the collection system has sufficient excess capacity in addition to that required in subsection (b)(3) of this section to contain any run-on which might enter the system; and
(5) spilled or leaked waste and accumulated precipitation shall be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system. If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 12 through 16 of this division. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of section 402 of the Federal Clean Water Act, as amended (33 U.S.C. section 1342).
(c) The owner or operator shall submit to the Department with the application for a hazardous waste facility permit a written statement signed by an independent, qualified professional engineer, registered in California, that indicates that the containment system is suitably designed to achieve the requirements of this section.
(d) Storage areas that store containers holding only hazardous wastes that do not contain free liquids need not have a containment system as specified by subsection (b) of this section, except as provided by subsection (e) of this section or provided that:
(1) The storage area is sloped or is otherwise designed and operated to collect and remove liquid resulting from precipitation, or
(2) The containers are elevated or are otherwise protected from contact with accumulated liquid.
(e) Storage areas that store containers holding the following wastes listed that do not contain free liquids must have a containment system as specified by subsection (b) of this section: F020, F021, F022, F023, F026, and F027.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150(a), 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.175. 
  
 



s 66264.176. Special Requirements for Ignitable or Reactive Waste.
Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility's property line.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.176. 
  
 



s 66264.177. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), shall not be placed in the same container, unless section 66264.17(b) is complied with.
(b) Hazardous waste shall not be placed in an unwashed container that previously held an incompatible waste or material.
(c) A container holding a hazardous waste that is incompatible with any waste or other materials transferred or stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.177. 
  
 



s 66264.178. Closure.
At closure, all hazardous waste and hazardous waste residues shall be removed from the containment system. Remaining containers, liners, bases, and soil containing or contaminated with hazardous waste or hazardous waste residues shall be decontaminated or removed. At closure, as throughout the operating period, unless the owner or operator can demonstrate in accordance with section 66261.3(e) of this division that the solid waste removed from the containment system is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12 through 16 of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.178. 
  
 



s 66264.179. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of Articles 27, 28, and 28.5 of this Chapter.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.179.

 



s 66264.190. Applicability.
The requirements of this article apply to owners and operators of facilities that use tank systems for transferring, storing or treating hazardous waste except as otherwise provided in subsections (a), (b) and (c) of this section or in section 66264.1 of this chapter.
(a) Tank systems that are used to transfer, store or treat hazardous waste which contains no free liquids and are situated inside a building with an impermeable floor are exempted from the requirements in section 66264.193. To demonstrate the absence or presence of free liquids in the transferred/stored/treated waste, EPA Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Publication No. SW-846 Third Edition and Updates, (incorporated by reference in section 66260.11 of this chapter) shall be used.
(b) Tank systems, including sumps, as defined in section 66260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in section 66264.193(a) of this article.
(c) Tanks, sumps, and other such collection devices or systems used in conjunction with drip pads, as defined in 66260.10 of this chapter and regulated under Chapter 14, Article 15.7, shall meet the requirements of this article.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.190. 
  

 



s 66264.191. Assessment of Existing Tank System's Integrity.
 (a) Tanks shall have sufficient shell strength and, for closed tanks, pressure controls (e.g., vents) to assure that they do not collapse or rupture. The Department will review the design of the tanks, including the foundation, structural support, seams and pressure controls and seismic considerations. The Department shall require that a minimum shell thickness be maintained at all times to ensure sufficient shell strength. Factors to be considered in establishing minimum thickness include the width, height and materials of construction of the tank, and the specific gravity of the waste which will be placed in the tank. In reviewing the design of the tank and approving a minimum thickness, the Department shall rely upon appropriate industrial design standards and other available information.
(b) For each existing tank system that does not have secondary containment meeting the requirements of section 66264.193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in subsections (d) and (g) of this section, and in addition to the requirements of subsection (f) of this section, the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity.
(c) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred, stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
(1) design standard(s), if available, according to which the tank and ancillary equipment were constructed;
(2) hazardous characteristics of the waste(s) that have been and will be handled;
(3) existing corrosion protection measures;
(4) documented age of the tank system, if available (otherwise, an estimate of the age);
(5) results of a leak test, internal inspection, or other tank integrity examination such that:
(A) for non-enterable underground tanks, the assessment shall include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects, and
(B) for other than non-enterable underground tanks and for ancillary equipment, this assessment shall include either a leak test, as described above, or other integrity examination, that is certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that addresses cracks, leaks, corrosion, and erosion; and
(6) those design requirements and factors listed in subsection (a) of this section.
(d) For tank systems that transfer, store or treat materials that become hazardous wastes this assessment shall be conducted within 12 months after the date that the waste becomes a hazardous waste, except as provided in subsection (g) of this section.
(e) If, as a result of the assessment conducted in accordance with subsection  (b) or (g) of this section, a tank system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of section 66264.196.
(f) Owners or operators of all existing tank systems shall submit to the Department with Part B of the application for a hazardous waste facility permit, a written statement, signed by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tanks and containment system are suitably designed to achieve the requirements of this article.
(g)(1) Notwithstanding subsections (b) through (d) of this section, for each existing tank system that does not have secondary containment meeting the requirements of section 66264.193 and which meets the criteria specified in subsection (g)(2) of this section, the assessment specified in subsection (i) of this section shall be conducted by January 24, 1998. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity. The assessment shall be kept on file at the facility until closure of the facility and shall be valid for a period of one year from the date the assessment was certified.
(2) The provisions of subsection (g)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(h) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(i) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were constructed, and all of the following information:
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system, if available, otherwise, an estimate of the age based on owner or operator knowledge;
(4) description and evaluation of the adequacy of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) hazardous characteristics of the waste(s) that have been or will be handled;
(8) description of any structural damage or inadequate construction or installation such as cracks, punctures, or damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is certified for use.
(9) results of a leak test, internal inspection, or other tank system integrity examination including the type of integrity examination performed (i.e., ultrasonic, internal examination, volumetric tank test, pipeline pressure test). Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(10) estimated remaining service life of the tank system based on findings of subsection (i)(1) through (i)(9).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.191. 
  
 



s 66264.192. Design and Installation of New Tank Systems or Components.
 (a) Tanks shall have sufficient shell strength and, for closed tanks, pressure controls (e.g., vents) to assure that they do not collapse or rupture. The Department will review the design of the tanks, including the foundation, structural support, seams and pressure controls and seismic considerations. The Department shall require that a minimum shell thickness be maintained at all times to ensure sufficient shell strength. Factors to be considered in establishing minimum thickness include the width, height and materials of construction of the tank, and the specific gravity of the waste which will be placed in the tank. In reviewing the design of the tank and approving a minimum thickness, the Department shall rely upon appropriate industrial design standards and other available information.
(b) Owners or operators of new tank systems or components shall obtain and submit to the Department, at time of submittal of Part B information, a written assessment, reviewed and certified by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste and that the tanks and containment system are suitably designed to achieve the requirements in this article. The assessment shall show that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be transferred, stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or fail. This assessment, which will be used by the Department to review and approve or disapprove the acceptability of the tank system design, shall also include, at a minimum, the following information:
(1) design standard(s) according to which tank(s) and/or the ancillary equipment are constructed;
(2) hazardous characteristics of the waste(s) to be handled;
(3) for new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system will be in contact with the soil or with water, a determination by a corrosion expert of:
(A) factors affecting the potential for corrosion, including but not limited to:
1. soil moisture content;
2. soil pH;
3. soil sulfides level;
4. soil resistivity;
5. structure to soil potential;
6. influence of nearby underground metal structures (e.g., piping);
7. existence of stray electric current;
8. existing corrosion-protection measures (e.g., coating, cathodic protection), and
(B) the type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:
1. corrosion-resistant materials of construction such as special alloys, fiberglass reinforced plastic, etc.;
2. corrosion-resistant coating (such as epoxy, fiberglass, etc.) with cathodic protection (e.g., impressed current or sacrificial anodes); and
3. electrical isolation devices such as insulating joints, flanges, etc.;
(4) for underground tank system components that are likely to be adversely affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage;
(5) design considerations to ensure that:
(A) tank foundations will maintain the load of a full tank;
(B) tank systems will be anchored to prevent flotation or dislodgment where the tank system is placed in a saturated zone, or is located within a seismic fault zone subject to the standards of section 66264.18(a); and
(C) tank systems will withstand the effects of frost heave; and
(6) those design requirements and factors listed in subsection (a) of this section.
(c) The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems or components, shall inspect the system for the presence of any of the following items:
(1) weld breaks;
(2) punctures;
(3) scrapes of protective coatings;
(4) cracks;
(5) corrosion;
(6) other structural damage or inadequate construction/installation.
All discrepancies shall be remedied before the tank system is covered, enclosed, or placed in use.
(d) New tank systems or components that are placed underground and that are back filled shall be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
(e) All new tanks and ancillary equipment shall be tested for tightness prior to being covered, enclosed, or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed prior to the tank system being covered, enclosed, or placed into use.
(f) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion, or contraction.
(g) The owner or operator shall provide the type and degree of corrosion protection recommended by an independent corrosion expert, based on the information provided under subsection (b)(3) of this section, or other corrosion protection if the Department believes other corrosion protection is necessary to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated shall be supervised by an independent corrosion expert to ensure proper installation.
(h) The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of subsections (c) through (g) of this section, that attest that the tank system was properly designed and installed and that repairs, pursuant to subsections (c) and (e) of this section, were performed. These written statements shall also include the certification statement as required in section 66270.11(d) of this division.
(i)(1) Notwithstanding subsections (b) through (h) of this section, design and installation of new tank systems or components used to manage hazardous waste, and which meet the criteria specified in subsection (i)(2) of this section, are not subject to the requirements of subsections (i) through (n) of this section until January 24, 1998. The assessment specified in subsection (l) of this section shall be obtained prior to placing  a new tank system in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste. The assessment shall be valid for a maximum period of five (5) years or the remaining service life of the tank system, as stated in the engineer's assessment, whichever is less. New tank systems that have been assessed pursuant to subsections (b) through (h) of this section prior to June 1, 1995 are not required to be reassessed pursuant to subsection (l) for a period of five years from the date of the assessment or June 1, 2000, whichever is the earlier date. If changes have been made to the tank system or new components have been added to the tank system subsequent to an assessment conducted prior to June 1, 1995, the tank system shall be reassessed pursuant to subsection (l).
(2) The provisions of subsection (i)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous waste generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous waste generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(j) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(k) New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, with secondary containment, whose design and installation have been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering assessment specified in subsection (l) of this section, provided minimum criteria specified in subsections (k)(1) through (k)(3) of this section are met. If the CUPA determines to exempt a new tank system from the assessment required pursuant to this subsection, the exemption shall be for a period of not more than three (3) years from the date the exemption was granted. The tank system owner or operator shall submit documentation of local agency approval to the applicable CUPA for review and possible acceptance in lieu
of the assessment specified in subsection (l) of this section. If there is no CUPA or the CUPA requests that the Department make a determination, the documentation shall be submitted to the Department.
(1) tank system must have secondary containment capable of containing 100 percent of the contents of the tank and ancillary piping volume; and
(2) if the tank system is exposed to precipitation, the secondary containment system must have sufficient capacity, in addition to that required in subsection (k)(1) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(3) tank system secondary containment shall be provided with a leak detection system that is designed and operated so that it will detect either the failure of the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours.
(l) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were constructed, and all of the following information;
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system (if tank was previously used), if available, (otherwise, an estimate of the age);
(4) description and evaluation of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment, devices, or material;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) description and evaluation of secondary containment for the tank system  (secondary containment must meet minimum standards as specified in subsections (k)(1) through (k)(3) of this section) including applicable secondary containment for ancillary equipment as required in subsection 66265.193(f);
(8) hazardous characteristics of the waste(s) that have been or will be handled;
(9) prior to placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items and document in writing the results of the inspection:
(A) weld cracks or breaks;
(B) scrapes of protective coatings;
(C) corrosion;
(D) any structural damage or inadequate construction or installation such as cracks, punctures, damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is placed in use.
(10) all new tanks and ancillary equipment shall be tested for tightness prior to being placed in use. The results of the test(s) shall be documented in this assessment. Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(11) estimated remaining service life of the tank system based on findings of subsections (l)(1) through (l)(10).
(m) The assessment specified in subsection (l) of this section is not required for the replacement of the following identical or functionally equivalent tank system parts or components:
(1) pumps (same type and capacity);
(2) plumbing or piping components such as unions, elbows, tees and gaskets;
(3) valves and check valves;
(4) piping and valve hangers and supports;
(n) Replacement of identical or functionally equivalent tank system parts or components not listed in subsection (m) of this section shall be approved by the CUPA prior to replacement or changeout. If the tank system part or component is determined to be identical or functionally equivalent by the CUPA, the assessment specified in subsection (l) of this section is not required. The owner or operator shall provide the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, with the following information in writing so that a determination can be made:
(1) name, address, and EPA identification number of the facility;
(2) date of planned replacement;
(3) description part or component to be replaced;
(4) description of the tank system and type of waste(s) handled;
(5) description of how the part or component is identical or functionally equivalent to the part or component to be replaced.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.192. 
  

 



s 66264.193. Containment and Detection of Releases.
 (a) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided (except as provided in subsections (f) and (g) of this section):
(1) for all new tank systems or components, prior to the tank system or component being put into service.
(2) for all existing tank systems.
(3) for tank systems that transfer, store or treat materials that subsequently become hazardous wastes within two years after the materials become hazardous waste unless the owner or operator complies with section 40 CFR 265.201 and is one of the following:
(A) the owner or operator is a conditionally exempt small quantity generator or a 100 to 1,000 kg per month generator, or
(B) the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(b) Secondary containment systems shall be:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, groundwater or surface water at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(c) To meet the requirements of subsection (b) of this section, secondary containment systems shall be at a minimum:
(1) constructed of or lined with materials that are compatible with the wastes(s) to be placed in the tank system and shall have sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which it is exposed, climatic conditions and the stress of daily operation (including stresses from nearby vehicular traffic);
(2) provided with a foundation or base underlying the tanks capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression or uplift. This base shall be free of cracks or gaps and sufficiently impervious to contain leaks, spills and accumulated precipitation until the collected material is detected and removed;
(3) provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the owner or operator can demonstrate to the Department that existing detection technologies or site conditions will not allow detection of a release within 24 hours; and
(4) sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within as timely a manner as is necessary to prevent overflow of the containment system, but within no more than 24 hours, or in as timely a manner as possible to prevent harm to human health and the environment, if the owner or operator can demonstrate to the Department that removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours and that overflow of the containment system will not occur.
(A) If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 12 through 15 of this division.
(B) If the collected material is discharged through a point source to waters of the United States, the owner or operator shall comply with the requirements of sections 301, 304, and 402 of the Federal Clean Water Act, as amended (33 U.S.C. sections 1311, 1314 and 1342, respectively).
(C) If the collected material is discharged to a Publicly Owned Treatment Works (POTW), the owner or operator shall comply with the requirements of section 307 of the Federal Clean Water Act, as amended (33 U.S.C. section 1317).
(D) If the collected material is released to the environment, the owner or operator shall comply with the applicable reporting requirements of Title 40 CFR Part 302.
(d) Secondary containment for tanks shall include one or more of the following devices:
(1) a liner (external to the tank);
(2) a vault;
(3) a double-walled tank; or
(4) an equivalent device as approved by the Department.
(e) In addition to the requirements of subsections (b), (c) and (d) of this section, secondary containment systems shall satisfy the following requirements.
(1) External liner systems shall be:
(A) designed or operated to contain precipitation from a 24-hour, 25-year storm event plus the greater of 10 percent of the aggregate volume of all tanks or 100 percent of the capacity of the largest tank within its boundary, whichever is greater;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(1)(A) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(C) free of cracks or gaps; and
(D) designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the waste if the waste is released from the tank(s) (i.e., capable of preventing lateral as well as vertical migration of the waste).
(2) Vault systems shall be:
(A) designed or operated to contain precipitation from a 24-hour, 25-year storm event plus the greater of 10 percent of the aggregate volume of all tanks or 100 percent of the capacity of the largest tank within its boundary, whichever is greater;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(2)(A) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(C) constructed with chemical-resistant water stops in place at all joints (if any);
(D) provided with an impermeable interior coating or lining that is compatible with the waste being transferred, stored or treated and that will prevent migration of waste into the concrete;
(E) provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being transferred, stored or treated:
1. meets the definition of ignitable waste under section 66261.21 of this division; or
2. meets the definition of reactive waste under section 66261.23 of this division, and may form an ignitable or explosive vapor; and
(F) provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks shall be:
(A) designed as an integral structure (i.e., an inner tank completely enveloped within an outer shell) so that any release from the inner tank is contained by the outer shell;
(B) protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell; and
(C) provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time, if the owner or operator can demonstrate to the Department, and the Department concludes, that the existing detection technology or site conditions would not allow detection of a release within 24 hours.
(f) Ancillary equipment shall be provided with secondary containment (e.g., trench, jacketing, double-walled piping) that meets the requirements of subsections (b) and (c) of this section except for:
(1) aboveground piping (exclusive of flanges, joints, valves and other connections) that are visually inspected for leaks on a daily basis;
(2) welded flanges, welded joints and welded connections, that are visually inspected for leaks on a daily basis;
(3) sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and
(4) pressurized aboveground piping systems with automatic shut-off devices  (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the requirements of this section for existing above-ground tanks in place, if the Department finds, as a result of a demonstration by the owner or operator that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous waste or hazardous constituents into the groundwater or surface water at least as effectively as secondary containment during the active life of the tank system, or that in the event of a release that does migrate to groundwater or surface water, no substantial present or potential hazard will be posed to human health or the environment.
(1) In deciding whether to grant a variance based on a demonstration of equivalent protection of groundwater and surface water, the Department will consider:
(A) the nature and quantity of the wastes;
(B) the proposed alternate design and operation;
(C) the hydrogeologic setting of the facility, including the thickness of soils present between the tank system and groundwater, and
(D) all other factors that would influence the quality and mobility of the hazardous constituents and the potential for the constituents to migrate to groundwater or surface water.
(2) In deciding whether to grant a variance based on a demonstration of no substantial present or potential hazard, the Department will consider:
(A) the potential adverse effects on groundwater, surface water and land quality taking into account:
1. the physical and chemical characteristics of the waste in the tank system, including its potential for migration;
2. the hydrogeological characteristics of the facility and surrounding land;
3. the potential for health risks caused by human exposure to waste constituents;
4. the potential for damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
5. the persistence and permanence of the potential adverse effects;
(B) the potential adverse effects of a release on groundwater quality, taking into account:
1. the quantity and quality of groundwater and the direction of groundwater flow;
2. the proximity and withdrawal rates of groundwater users;
3. the current and future uses of groundwater in the area; and
4. the existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality;
(C) the potential adverse effects of a release on surface water quality, taking into account:
1. the quantity and quality of groundwater and the direction of groundwater flow;
2. the patterns of rainfall in the region;
3. the proximity of the tank system to surface waters;
4. the current and future uses of surface waters in the area and any water quality standards established for those surface waters; and
5. the existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality; and
(D) the potential adverse effects of a release on the land surrounding the tank system, taking into account:
1. the patterns of rainfall in the region; and
2. the current and future uses of the surrounding land.
(3) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66264.196, except subsection  (b)(5); and
(B) decontaminate or remove contaminated soil to the extent necessary to:
1. enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had prior to the release; and
2. prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water; and
(C) if contaminated soil cannot be removed or decontaminated in accordance with subsection (g)(3)(B) of this section, comply with the requirements of section 66264.197(b).
(4) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66264.196(b); and
(B) prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if groundwater has been contaminated, the owner or operator shall comply with the requirements of section 66264.197(b); and
(C) if repairing, replacing or reinstalling the tank system, provide secondary containment in accordance with the requirements of subsections (a) through (f) of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in section 66264.192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed and groundwater or surface water has not been contaminated.
(h) The following procedures shall be followed in order to request a variance from secondary containment.
(1) The Department shall be notified in writing by the owner or operator that the facility intends to conduct and submit a demonstration for a variance from secondary containment as allowed in subsection (g) of this section at least 24 months prior to the date that secondary containment is required to be provided in accordance with subsection (a) of this section; or, if a variance is sought from the requirements of section 66264.193(i)(1), the demonstration shall be submitted to the Department with Part B of the permit application.
(2) As part of the notification, the owner or operator shall also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in subsection (g)(1) or subsection (g)(2) of this section.
(3) The demonstration for a variance shall be completed within 180 days after notifying the Department of an intent to conduct the demonstration.
(4) If a variance is granted under this subsection, the Department will require the permittee to construct and operate the tank system in the manner that was demonstrated to meet the requirements for the variance.
(i) All tank systems, until such time as secondary containment that meets the requirements of this section is provided, shall comply with the following:
(1) subsections (c)(2), (c)(4), (e)(1)(A) or (e)(2)(A) (except for tanks that do not contain free liquids), and (e)(1)(B) or (e)(2)(B);
(2) for nonenterable underground tanks, a leak test that meets the requirements of section 66264.191(c)(5) or other tank integrity method, as approved or required by the Department, shall be conducted at least annually;
(3) for other than nonenterable underground tanks, the owner or operator shall either conduct a leak test as in subsection (i)(2) of this section or develop a schedule and procedure for an assessment of the overall condition of the tank system by an independent, qualified professional engineer, registered in California, in accordance with section 66270.11(d). The schedule and procedure shall be adequate to detect obvious cracks, leaks, and corrosion or erosion that may lead to cracks and leaks. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed. The frequency of these assessments shall be based on the material of construction of the tank and its ancillary equipment, the age of the system, the type of corrosion or erosion protection used, the rate of corrosion or erosion observed during the previous inspection and the characteristics of the waste being stored or treated;
(4) for ancillary equipment, a leak test or other integrity assessment as approved by the Department shall be conducted at least annually;
(5) the owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with subsections (i)(2) through (i)(4) of this section;
(6) if a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in subsections (i)(2) through (i)(4) of this section, the owner or operator shall comply with the requirements of section 66264.196.
(j)(1) Notwithstanding subsection (a) through (c) of this section, secondary containment that meets the requirements of  subsections (l) and (m) shall be provided for tank systems used to manage hazardous wastes generated onsite, and which meet the criteria specified in subsection (j)(2) of this section:
(A) prior to the tank system or component being placed in service for new tank systems or components; or
(B) by January 24, 1998 for existing tank systems.
(2) The provisions of subsection (j)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 264 pursuant to an exemption in 40 CFR section 264.1, but the owner or operator is subject to the standards of this article.
(k) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(l) Secondary containment for onground or aboveground generator and onsite tier (Permit-by-Rule, Conditional Authorization, and Conditional Exemption), non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, shall consist of any of the devices listed in subsection (d) and satisfy the requirements of (e) of this section or any device or combination of devices as approved by the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department makes a determination, which would satisfy the following minimum requirements:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(m) Ancillary equipment shall be provided with secondary containment as specified in subsection (f) of this section or an alternative device or devices as approved in writing by the CUPA, or the Department if there is no CUPA or if the CUPA requests that the Department make a determination, which would prevent and/or detect any release of wastes out of the tank system before such wastes could migrate to the soil, ground water, or surface water at any time during the use of the tank system. The following are examples of tank system and ancillary equipment secondary containment alternatives or options that may be proposed for review and approval by the CUPA:
(1) traditional containment of entire system within a bermed containment area with visual and/or electronic leak detection monitoring;
(2) troughs or pipe runs with impermeable liners that incorporate the following:
(A) visual monitoring during hours of operation or;
(B) continuous electronic leak detection monitoring for releases; or
(C) sumps located at low elevations with leak detection monitors.
(3) double-walled piping with continuous interstitial monitoring or monitoring intervals located at low elevation points along pipeline;
(4) Double-walled piping with translucent or transparent sections located at low points or low endpoints so that visual monitoring is possible.
(n) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, operating an onground or aboveground, non-RCRA tank system or a tank system otherwise exempt from permitting requirements pursuant to the federal act, that has 18 months or less remaining in service prior to planned closure of the tank system, may propose alternatives to retrofitting the tank system with secondary containment. Local agency requirements must be considered when proposing alternatives to secondary containment. The owner or operator shall provide the following information in writing to the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, so that a determination can be made whether the proposed alternative would be acceptable:
(1) name, address, and EPA identification number of the facility;
(2) date of planned closure;
(3) description of tank system to be closed and form of current authorization for the tank system;
(4) description of how the proposed alternative would provide adequate environmental protection such that the design, installation, and operation will be capable of detecting a release and preventing any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the remaining life of the tank system.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25143, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.193. 
  
 



s 66264.194. General Operating Requirements.
 (a) Hazardous wastes or other materials (e.g., treatment reagents) shall not be placed in a tank system if they could cause the tank, its ancillary equipment or the containment system to rupture, leak, corrode, or otherwise fail.
(b) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum:
(1) spill prevention controls (e.g., check valves, dry disconnect couplings);
(2) overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and
(3) maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation from at least a 24-hour, 25-year storm.
(c) The owner or operator shall comply with the requirements of section 66264.196 if a leak or spill occurs in the tank system.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.194. 
  
 



s 66264.195. Inspections.
 (a) The owner or operator shall develop and follow a schedule and procedure for inspecting overfill controls and shall inspect the overfill controls at least once each operating day to ensure that they are in good working order.
(b) The owner or operator shall inspect at least once each operating day:
(1) aboveground portions of the tank system, if any, to detect corrosion or releases of waste;
(2) data gathered from monitoring and leak detection equipment (e.g., pressure or temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design; and
(3) the construction materials and the area immediately surrounding the externally accessible portion of the tank system, including the secondary containment system (e.g., dikes) to detect corrosion, erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation);
(4) for uncovered tanks, the level of waste in the tank, to ensure compliance with section 66264.194(b)(3).
(c) The owner or operator shall inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly.
(1) The proper operation of the cathodic protection system shall be confirmed within six months after initial installation and annually thereafter.
(2) All sources of impressed current shall be inspected and/or tested, as appropriate, at least bimonthly (i.e., every other month).
(d) The owner or operator shall document in the operating record of the facility an inspection of those items in subsections (a) through (c) of this section.
(e) As part of the inspection schedule required in section 66264.15(b), and in addition to the specific requirements of subsection (a) of this section, the owner or operator shall develop a schedule and procedure for assessing the condition of the tank. The schedule and procedure shall be adequate to detect cracks, leaks, corrosion or erosion which may lead to cracks or leaks, or wall thinning to less than the thickness required under section 66264.191(a). Procedures for emptying a tank to allow entry and inspection of the interior shall be established, when necessary, to detect corrosion or erosion of the tank sides and bottom. The frequency of these assessments shall be based on the material of construction of the tank, type of corrosion or erosion observed during previous inspections and the characteristics of the waste being transferred, treated or stored.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.195. 
  
 



s 66264.196. Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems.
 (a) As part of the contingency plan required under this chapter, the owner or operator shall specify the procedures the facility intends to use to respond to tank spills or leakage, including procedures and timing for expeditious removal of leaked or spilled waste and repair of the tank.
(b) A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the owner or operator shall satisfy the following requirements.
(1) General emergency procedures. The owner or operator shall comply with applicable requirements of section 66264.56 of this division.
(2) Cessation of use; prevention of flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
(3) Removal of waste from tank system or secondary containment system.
(A) If the release was from the tank system, the owner/operator shall, within 24 hours after detection of the leak or, if the owner/operator demonstrates that it is not possible, at the earliest practicable time, remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.
(B) If the material released was to a secondary containment system, all released materials shall be removed within as timely a manner as is necessary to prevent overflow of the containment system, but within no more than 24 hours, or in as timely a manner as is possible to prevent harm to human health and the environment if the owner or operator provides the demonstration required by section 66264.193(c)(4).
(4) Containment of visible releases to the environment. The owner/operator shall immediately conduct a visual inspection of the release and, based upon that inspection:
(A) prevent further migration of the leak or spill to soils or surface water; and
(B) remove, and properly dispose of, any visible contamination of the soil or surface water.
(5) Notifications, reports.
(A) Any release to the environment, except as provided in subsection (b)(5)(B) of this section, shall be reported to the Department within 24 hours of its detection.
(B) A leak or spill of hazardous waste is exempted from the requirements of subsection (b)(5) of this section, but is not exempt from the requirements of section 66264.56, if it is:
1. less than or equal to a quantity of one (1) pound, and
2. immediately contained and cleaned up.
(C) Within 30 days of detection of a release to the environment, a report containing the following information shall be submitted to the Department:
1. likely route of migration of the release;
2. characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);
3. results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the Department as soon as they become available;
4. proximity to downgradient drinking water, surface water, and populated areas; and
5. description of response actions taken or planned.
(6) Provision of secondary containment, repair, or closure.
(A) Unless the owner/operator satisfies the requirements of subsections  (b)(6)(B) through (D) of this section, the tank system shall be closed in accordance with section 66264.197.
(B) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.
(C) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.
(D) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of section 66264.193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of subsection (b)(7) of this section are satisfied. If a component is replaced to comply with the requirements of this subsection, that component shall satisfy the requirements for new tank systems or components in sections 66264.192 and 66264.193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with section 66264.193 prior to being returned to use.
(7) Certification of major repairs. If the owner/operator has repaired a tank system in accordance with subsection (b)(6) of this section, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system shall not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be submitted to the Department within seven days after returning the tank system to use.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.196. 
  
 



s 66264.197. Closure and Post-Closure Care.
 (a) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless section 66261.3(e) of this division applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in articles 7 and 8 of this chapter.
(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (a) of this section, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills section 66264.310. In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
(c) If an owner or operator has a tank system that does not have secondary containment that meets the requirements of section 66264.193(b) through (f) and has not been granted a variance from the secondary containment requirements in accordance with section 66264.193(g), then:
(1) the closure plan for the tank system shall include both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section;
(2) a contingent post-closure plan for complying with subsection (b) of this section shall be prepared and submitted as part of the permit application;
(3) the cost estimates calculated for closure and post-closure care shall reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if those costs are greater than the costs of complying with the closure plan prepared for the expected closure under subsection (a) of this section;
(4) financial assurance shall be based on the cost estimates insubsection  (c)(3) of this section;
(5) for the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, post-closure, and financial responsibility requirements for landfills under articles 7 and 8 of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.197. 
  

 



s 66264.198. Special Requirements for Ignitable or Reactive Wastes.
 (a) Ignitable or reactive waste shall not be placed in tank systems, unless:
(1) the waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:
(A) the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this division, and
(B) section 66264.17(b) is complied with; or
(2) the waste is transferred, stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or
(3) the tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive waste is transferred, stored or treated in a tank shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code," (1981), (incorporated by reference, see section 66260.11).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Code; 40 CFR Section 264.198. 
  
 



s 66264.199. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, shall not be placed in the same tank system, unless section 66264.17(b) is complied with.
(b) Hazardous waste shall not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.199. 
  
 



s 66264.200. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of Articles 27, 28 and 28.5 of this Chapter.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.200.

 



s 66264.220. Applicability.
The regulations in this article apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste except as section 66264.1 of this chapter provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.220. 
  
 



s 66264.221. Design and Operating Requirements.
 (a) Any surface impoundment that is not covered by subsection (c) of this section or section 66265.221 shall have a liner for all portions of the impoundment (except for existing portions of such impoundments). The liner shall be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the impoundment. The liner may be constructed of materials that may allow wastes to migrate into the liner (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility, provided that the impoundment is closed in accordance with section 66264.228(a)(1). For impoundments that will be closed in accordance with section 66264.228(a)(2), the liner shall be constructed of materials that can prevent wastes from migrating into the liner during the active life of the facility. The liner shall be:
(1) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(2) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(3) installed to cover all surrounding earth likely to be in contact with the waste or leachate.
(b) The owner or operator will be exempted from the requirements of subsection  (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into soil outside the impoundment or into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternate design and operation;
(3) the hydrogeologic setting of the facility, including the alternative capacity and thickness of the liners and soils present between the impoundment and ground water or surface water; and
(4) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water;
(5) the potential for lateral migration of hazardous constituents which could present a threat to public health or the environment;
(6) recommendations of the State Water Resources Control Board or the appropriate Regional Water Quality Control Board.
(c) The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992 and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system between such liners. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility". When an existing surface impoundment is expanded after  January 29, 1992, the entire surface impoundment will be treated as a surface impoundment constructed after January 29, 1992. The requirements of this subsection shall not apply to surface impoundment units receiving only non-RCRA hazardous waste until February 18, 1996.
(1)(A) The liner system shall include:
1. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and
2. A composite bottom liner, consisting of at least two components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10<<super>>-7 cm/sec.
(B) The liners shall comply with subsections (a)(1), (2), and (3) of this section.
(2) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1x10<<super>>-1 cm/sec or more and a thickness of 1 foot (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10<<super>>-4m<<super>>2 /sec or more. In cases where the leak detection system is composed of coarse granular material, there shall be a suitable interface (e.g., geotextile) between the leak detection system and any flexible membrane liner, as needed to prevent the coarse grains from causing a puncture in the flexible membrane liner under the high stress conditions caused by the overlying waste;
(C) Constructed of materials that are chemically resistant to the waste managed in the surface impoundment and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes and any waste cover materials or equipment used at the surface impoundment;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump(s). The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(3) The owner or operator shall collect and remove pumpable liquids in the sumps to minimize the head on the bottom liner.
(4) The liner system shall be designed, constructed and operated to ensure that leak detection system shall be a minimum of 5 feet above the highest anticipated elevation of groundwater.
(d) The liners shall be designed and constructed to contain the waste and leachate fluids when subjected to the maximum anticipated hydraulic head which will be imposed during disposal operations and the post-closure maintenance period.
(e) The leachate collection and removal system shall:
(1) be designed, constructed, maintained and operated to collect leachate from the area, and to ensure that there is no buildup of hydraulic head on the liner. The depth of fluid in the collection sump shall be kept at a minimum needed to ensure sufficient pump operation;
(f) The Department may approve alternative design or operating practices to those specified in subsection (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the groundwater or surface water at least as effectively as the liners and leachate collection and removal system specified in subsection (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(g) The double liner requirement set forth in subsection (c) of this section shall be waived by the Department for any monofill, if:
(1) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24; and
(2)(A) 1. the monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes of this subsection, the term "liner" means a liner designed, constructed, installed, and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed, and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, ground water, or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of subsection (c) of this section on the basis of a liner designed, constructed, installed, and operated to prevent hazardous waste from passing beyond the liner, at the closure of such impoundment, the owner or operator shall remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner or operator of such impoundment will comply with appropriate post-closure requirements, including but not limited to groundwater monitoring and corrective action;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as defined in section 66260.10 of this chapter; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with permits; or the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.
(h) A surface impoundment shall be designed, constructed, maintained, and operated to prevent overtopping resulting from normal or abnormal operations; overfilling; wind and wave action; rainfall; run-on; malfunctions of level controllers, alarms, and other equipment; and human error.
(i) A surface impoundment shall have dikes that are designed, constructed, and maintained with sufficient structural integrity to prevent massive failure of the dikes. In ensuring structural integrity, it must not be presumed that the liner system will function without leakage during the active life of the unit.
(j) The Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(k) The owner or operator of any replacement surface impoundment unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is reason to believe that the liner is functioning as designed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR 40 section 264.221. 
  
 



s 66264.222. Action Leakage Rate.
 (a) The Department shall approve an action leakage rate for surface impoundment units subject to section 66264.221 (c) or (f). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66264.226(d) to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit is closed in accordance with section 66264.228(b), monthly during the post-closure care period when monthly monitoring is required under section 66264.226(d).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.222. 
  

 



s 66264.223. Response Actions.
 (a) The owner or operator of surface impoundment units subject to section 66264.221(c) or (f) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4) and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4) and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.223. 
  
 



s 66264.226. Monitoring and Inspection.
 (a) During construction and installation, liners (except in the case of existing portions of surface impoundments exempt from section 66264.221(a)) and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(2) soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a surface impoundment is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of overtopping control systems;
(2) sudden drops in the level of the impoundment's contents; and
(3) the presence of liquids in leak detection systems;
(4) severe erosion or other signs of deterioration in dikes or other containment devices.
(c) Prior to the issuance of a permit, and after any extended period of time  (at least six months) during which the impoundment was not in service, the owner or operator shall obtain a certification from a qualified engineer, registered in California, that the impoundment's dike, including that portion of any dike which provides freeboard, has structural integrity. The certification must establish, in particular, that the dike:
(1) will withstand the stress of the pressure exerted by the types and amounts of wastes to be placed in the impoundment;
(2) will not fail due to scouring or piping, without dependence on any liner system included in the surface impoundment construction;
(3) will not fail due to external or internal forces from a maximum credible earthquake or landslide.
(d)(1) An owner or operator required to have a leak detection system under section 66264.221(c) or (f) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into drainage layer and minimizes head in the sump.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.226. 
  
 



s 66264.227. Emergency Repairs; Contingency Plans.
 (a) A surface impoundment shall be removed from service in accordance with subsection (b) of this section when:
(1) the level of liquids in the impoundment suddenly drops and the drop is not known to be caused by changes in the flows into or out of the impoundment; or
(2) the dike leaks.
(b) When a surface impoundment must be removed from service as required by subsection (a) of this section, the owner or operator shall:
(1) immediately shut off the flow or stop the addition of wastes into the impoundment;
(2) immediately contain any surface leakage which has occurred or is occurring;
(3) immediately stop the leak;
(4) take any other necessary steps to stop or prevent catastrophic failure;
(5) if a leak cannot be stopped by any other means, empty the impoundment; and
(6) notify the Department of the problem in writing within seven days after detecting the problem.
(c) As part of the contingency plan required in article 4 of this chapter, the owner or operator shall specify a procedure for complying with the requirements of subsection (b) of this section.
(d) No surface impoundment that has been removed from service in accordance with the requirements of this section may be restored to service unless the portion of the impoundment which was failing is repaired and the following steps are taken.
(1) If the impoundment was removed from service as the result of actual or imminent dike failure, the dike's structural integrity must be recertified in accordance with section 66264.226(c).
(2) If the impoundment was removed from service as the result of a sudden drop in the liquid level, then:
(A) for any existing portion of the impoundment, a liner shall be installed in compliance with section 66264.221(a); and
(B) for any other portion of the impoundment, the repaired liner system shall be certified by a qualified engineer, registered in California, as meeting the design specifications approved in the permit.
(e) A surface impoundment that has been removed from service in accordance with the requirements of this section and that is not being repaired shall be closed in accordance with the provisions of section 66264.228.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.227. 
  
 



s 66264.228. Closure and Postclosure Care.
 (a) At closure, the owner or operator shall:
(1) remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies; or
(2)(A) eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
(B) stabilize remaining wastes to a bearing capacity sufficient to support final cover; and
(C) cover the surface impoundment with a final cover designed and constructed to:
1. prevent the downward entry of water into the closed impoundment throughout a period of at least 100 years;
2. function with minimum maintenance;
3. promote drainage and minimize erosion or abrasion of the final cover;
4. accommodate settling and subsidence so that the cover's integrity is maintained; and
5. have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present;
6. accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
7. preclude ponding of rainfall and surface run-on over the closed area.
(b) If some waste residues, contaminated materials or contaminated soils are left in place at final closure, the owner or operator shall comply with all postclosure requirements contained in sections 66264.117 through 66264.120, including maintenance and monitoring throughout the postclosure care period (specified in the permit under section 66264.117). The owner or operator shall:
(1) close the facility in a manner that will minimize any chance of postclosure release of hazardous waste or discarded hazardous material; facilitate postclosure maintenance, monitoring and emergency response; and require minimum maintenance of containment structures, leachate collection systems and surface drainage collection or diversion systems;
(2) maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion or other events;
(3) maintain and monitor the leachate collection and removal system which also serves as a leak detection system;
(4) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of this chapter;
(5) prevent run-on and run-off from eroding or otherwise damaging the final cover, and
(6) Maintain and monitor the leak detection system in accordance with sections 66264.221(c)(2)(D) and (c)(3) and 66264.226(d), and comply with all other applicable leak detection system requirements of this chapter;
(c)(1) If an owner or operator plans to close a surface impoundment in accordance with subsection (a)(1) of this section, then:
(A) the closure plan for the impoundment under section 66264.112 shall include both a plan for complying with subsection (a)(1) of this section and a contingent plan for complying with subsection (a)(2) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) the owner or operator shall prepare a contingent postclosure plan under section 66264.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
(2) The cost estimates calculated under sections 66264.142 and 66264.144 for closure and postclosure care of an impoundment subject to this paragraph shall include the cost of complying with the contingent closure plan and the contingent postclosure plan.
(d) During the postclosure care period, if liquids leak into a leak detection system, the owner or operator shall notify the Department of the leak in writing within seven (7) days after detecting the leak.
(e) If waste is to remain in a unit after closure, the owner or operator shall comply with, and plan for compliance with the following:
(1) The unit shall be compacted before any portion of the final cover is installed.
(2) (reserved).
(3) (reserved).
(4) A foundation layer shall be provided for the compacted barrier layer of the final cover. If needed, the foundation layer shall contain herbicide sufficient to prevent vegetative growth, and shall be free of decomposable organic matter. The layer shall be compacted at a moisture content sufficient to achieve the density required to provide adequate support for the nonearthen membrane.
(5) A compacted barrier layer of clean earth shall be provided above the foundation layer, and shall be provided around the unit to a depth as low as the level at which the owner or operator has deposited waste, to prevent lateral migration of waste and gas and vapor from the waste. The layer of earth shall be wholly below the average depth of frost penetration, and shall be compacted at a moisture content sufficient to achieve a percent compaction that has been demonstrated, with the specific cover material to be used, to prevent the downward entry of water into the foundation layer for a period of at least 100 years.
(6) The earthen material shall contain herbicide sufficient to prevent growth of vegetation. The slope of the final top surface of the compacted barrier layer shall be sloped after allowance for settling and subsidence to prevent the build up of hydraulic head.
(7) the owner or operator may use nonearthen materials for the barrier layer provided it is demonstrated to the satisfaction of the Department that a barrier layer of alternative composition will equally impede movement of fluid and be as durable as a compacted earthen barrier.
(8) If hazardous waste is underlain by a liner containing a synthetic membrane, then a synthetic membrane shall be provided in the final cover above the compacted barrier layer. The membrane shall be made of material chemically resistant to the waste at the facility, whether or not contact between the membrane and the waste is anticipated, and shall have thickness and strength sufficient to withstand the stresses to which it shall be including shear forces, puncture from rocks or penetration from roots.
(9) If a synthetic membrane is used in the final cover system, the owner or operator shall provide a layer of material above the synthetic membrane of the final cover, and a layer of material below this synthetic membrane, to protect the membrane from damage.
(10) The owner or operator shall provide a water drainage layer, blanket or channel above the compacted barrier layer of the final cover to provide a path for water to exit rapidly.
(11) The owner or operator shall provide a filter layer above the water drainage layer to prevent soils from clogging the drainage layer.
(12) The owner or operator shall provide a layer of top soil of thickness sufficient to support vegetation for erosion controlled deep enough to prevent root penetration into the filter layer. The top soil shall have characteristics to protect the compacted layer against drying that would lead to cracking, to resist erosion and to support vegetation growth.
(13) Permanent disposal areas shall be graded at closure so that with allowance for settling and subsidence, the slope of the land surface above all portions of the cover, shall be sufficient to prevent ponding of water. Such areas shall be graded to drain precipitation away from the disposal area. Portions of the land surface above the cover unavoidably slopes great enough to invite erosion which cannot be readily controlled by vegetation shall be protected by gunite, riprap or other material sufficient to provide erosion control.
(14) Unless vegetation on the cover would pose a significant fire hazard unacceptable to the fire prevention authority or would interfere with a planned postclosure use of the site that is acceptable to the Department, the owner or operator shall provide conditions favorable for hearty growth of vegetation that will provide erosion control without forming roots that would penetrate the compacted earth cover, and shall estimate the cost of providing such conditions and vegetation as part of the cost of closure. Vegetation for closed disposal areas shall be selected to require minimum watering and maintenance. Plantings shall not impair the integrity of containment structures or the final cover.
(15) At and after closure, permanent disposal areas shall have drainage systems capable of transporting water from the water drainage layer away from the closed facility and capable of diverting surface runoff away from or around disposal areas, containment structures, leachate collection systems and monitoring facilities. Drainage systems shall be capable of preventing erosion of containment structures. Drainage system components themselves shall be lined or otherwise protected against erosion.
(16)(A) When closing a permanent disposal site, the owner or which the horizontal location and elevation of the cover and other containment features, monitoring facilities and drainage features can be determined throughout the entire postclosure care period. All survey work shall conform to accepted survey practices and be performed and certified by a licensed land surveyor or registered professional engineer licensed to practice surveying.
(B) The owner or operator shall submit a copy of the surveyor's notes used to establish the benchmarks described in this subsection in accordance with section 66264.116.
(17) The owner or operator shall provide in the closure plan predictions of the magnitude of the drops in elevation that will occur at various portions of the top surface of the final cover as a result of settling and subsidence. The prediction shall account for compression of material underlying the liner (or underlying the waste if there is no liner) and compression of the liner, waste, fill and cover. The prediction of the drop in elevation due to compression shall account for immediate settlement, primary consolidation, secondary consolidation and creep, liquefaction and dynamic consolidation due to earthquake loads.
(18) If the following information has not already been submitted to the Department and if dikes and hazardous waste will remain at the site after closure, the owner or operator shall provide in the closure plan proof that the dikes have sufficient structural integrity to withstand forces to which they can be exposed during and after closure, including the following:
(A) descriptions of topography and site conditions as required by section 66270.14(b)(18);
(B) depiction of the design layout, sections and details of the impoundment and its components, including cover, dike, liner, drainage and leak detection system;
(C) a description of, and the results of, stability analyses for the following conditions:
1. foundation soil bearing failure;
2. failure in the dike slopes; and
3. build-up of hydrostatic pressure due to failure of drainage system and cover, considering the potential for piping and erosion;
(D) strength and compressibility test results pertaining to the dike material;
(E) descriptions of dike construction and postclosure maintenance procedures with schedules and specifications;
(F) descriptions of subsurface soil conditions, groundwater levels, bedrock conditions and seismic setting of the site;
(G) discussion of the occurrence or nonoccurrence of the following factors and the significance of those factors to the integrity of the dikes:
1. frost, freezing, wind, rain, temperature variations, effects of vegetation and animals and activities of humans;
2. adversely oriented joints, slickensides or fissured material, faults, seams of soft materials and weak layers;
3. potential for liquefaction during earthquakes coincident with existence of saturated conditions due to failure of drainage system and cover;
(H) a certification by a professional engineer registered in California that the dikes have sufficient structural integrity to withstand forces to which they can be exposed during and after closure, based on analyses, tests and inspections that include the following:
1. a review of all the geologic, geotechnical, geohydrologic and other pertinent design, construction and service data;
2. a review of all climatic data, and special geologic events, such as earthquakes, which occurred during the entire period the impoundment was in service;
3. a field inspection to detect signs of settlement, subsidence, cracks, scouring, erosion, slides, holes, piping, seepage, sloughing, condition of vegetation, etc.; and
4. a determination if the original design was adequate and a review of possible changes in parameters used in the original design.
(19) The owner or operator shall include in the closure plan an explanation of how the cover, construction procedures and planned postclosure care are designed to accommodate or avoid the effects of differential settlement and consolidation without loss of integrity of the cover.
(f) Before installing the compacted barrier layer of the final cover the owner or operator shall accurately establish the correlation between the desired permeability and the density at which that permeability is achieved. To accomplish this the owner or operator shall:
(1) provide a representative foundation area for a test compacted barrier layer having drainage conditions representative of the closed facility under the compacted barrier layer;
(2) install a compacted barrier layer over that test area that has the depth and materials of construction that the compacted barrier layer for the entire landfill is planned to have, and that is compacted in the manner planned for the compacted barrier layer for the entire landfill;
(3) undertake permeability tests in the test area saturated conditions that represent the maximum hydraulic could be exerted on the compacted barrier layer of the final cover. A sufficient number of tests shall be run to verify the results. A permeability test shall commence after the test apparatus has run for a time long enough to allow the required daily rate of replenishment water to maintain constant head or to follow an asymptotic or constant trend. The rate of evaporation from the test equipment used to determine permeability shall be established;
(4) undertake a sufficient number of tests in the test area to determine the average density at which permeability complying with subsection (e)(5) of this section is obtained.
(g) The owner or operator shall comply with the following when installing the compacted barrier layer of the final cover.
(1) In each day in which final cover material is compacted, the owner or operator shall establish a grid on the upper surface of each layer compacted that day and randomly conduct density tests. A sufficient number of tests shall be conducted to confirm the effectiveness and uniformity of the compaction.
(2) If the Department indicates areas where compaction tests will be needed, the owner or operator shall undertake such tests in those areas.
(3) If the average of the values of compaction from the tests is lower than the average density pursuant to subsection (f)(4) of this section, the entire layer installed on the day represented by the tests shall be removed and replaced with another layer compacted so that compaction tests taken indicate a density higher than the average density determined pursuant to subsection (f)(4) of this section.
(4) An independent, qualified person registered in California as a professional engineer or certified in California as an engineering geologist shall supervise the undertaking of all tests for permeability and percent compaction, shall supervise the construction of the final cover and shall prepare a report to be submitted to the Department which bears his or her signature and the date of the signature, and describes the results of all tests and indicates whether or not the cover, as installed, complies with the requirements of this chapter.
(5) Before starting compaction of earthen material to form the compacted barrier layer of the cover, the owner or operator shall submit to the Department the results of the following determinations, on material to be used for the compacted barrier layer of the final cover:
(A) percent fines;
(B) plastic limit, liquid limit, plasticity index and shrinkage factors;
(C) soil classification;
(D) carbon content;
(E) concentration of soluble salts in soil pore water.
(h) All slopes shall be designed and constructed to minimize the potential for failure. Any slope failure occurring within the site shall be promptly stabilized and the Department and the appropriate regional board shall be notified immediately by the owner or operator of such failure and the methods taken for stabilization.
(i) Adequate facilities shall be provided to ensure for a 100 year period that no leachate shall be discharged to surface waters or groundwater, except as authorized by the hazardous waste facility permit.
(j) Hazardous waste and discarded hazardous material contained in the closed facility shall be protected from washout and erosion as the result of tides or floods having a predicted frequency of once in 100 years.
(k) An inspection and monitoring program shall be established at every closed disposal area wherein an independent, qualified engineer registered in California shall annually evaluate and document the condition of all surface improvements, drainage facilities, erosion control facilities, vegetative cover, gas control facilities and monitoring facilities. This program shall also document the presence of any water or leachate flowing from the disposal area. The engineer shall evaluate the following and the effects of the following:
(1) condition of access control (fences and gates),
(2) condition of vegetation,
(3) erosion,
(4) cracking,
(5) disturbance by cold weather,
(6) seepage,
(7) slope stability,
(8) subsidence,
(9) settlement,
(10) monitoring the leak detection system, if there is one,
(11) operation of the leachate collection and removal system,
(12) monitoring the groundwater monitoring system,
(13) condition of run-on and run-off control systems, and
(14) condition of surveyed benchmarks.
The program shall be continued by the owner or operator of the disposal area throughout the postclosure care period. A copy of the annual report containing the above-cited observations shall be filed in a timely manner with the Department and the appropriate regional board.
(l) [Reserved]
(m) All constructed features which will remain at permanent disposal areas containing hazardous waste material shall be able to withstand the maximum credible earthquake without significant damage to foundations, structures, waste containment features and features which control leachate, surface drainage, erosion and gas.
(n) (Reserved)
(o) If monitoring equipment or other features which are required to be operable after closure of the facility pursuant to this chapter are rendered inoperable, the owner or operator shall render it operable or replace it with operable equipment or other features.
(p) Postclosure care which the owner or operator shall provide for shall include the conducting of surveys by a licensed land surveyor, to determine the horizontal location and elevation of the cover and other containment features, monitoring facilities and drainage features, and markers installed at the site pursuant to subsection (e)(16) of this section. Such surveys shall be taken annually.
(q) The owner or operator shall reconstruct the closed facility to restore slopes and other conditions to conform to the requirements of this chapter when movement at the site has caused them not to comply with such requirements.
(r) The owner or operator shall submit annual reports to the Department describing measures undertaken at the site during the postclosure maintenance period.
 
  Note: Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.228. 
  
 



s 66264.229. Special Requirements for Ignitable or Reactive Waste .
Ignitable or reactive waste shall not be placed in a surface impoundment unless the waste and impoundment satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; or
(c) the surface impoundment is used solely for emergencies.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.229. 
  
 



s 66264.230. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this chapter for examples) shall not be placed in the same surface impoundment, unless section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.230. 
  
 



s 66264.231. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in a surface impoundment unless the owner or operator operates the surface impoundment in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for surface impoundments managing hazardous wastes F020, F021, F022, F023, F026, and F027 if necessary to re duce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.231. 
  
 



s 66264.232. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of Articles 28 and 28.5 this Chapter.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.232.

 



s 66264.250. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that store or treat hazardous waste in piles, except as section 66264.1 provides otherwise.
(b) The regulations in this article do not apply to owners or operators of waste piles that are part of a permitted facility and are closed with wastes left in place. Such waste piles are subject to regulation under article 14 of this chapter (Landfills).
(c) The owner or operator of any waste pile that is inside or under a structure that provides protection from precipitation so that neither run-off nor leachate is generated is not subject to regulation under section 66264.251 or under article 6 of this chapter, provided that:
(1) liquids or materials containing free liquids are not placed in the pile;
(2) the pile is protected from surface water run-on by the structure or in some other manner;
(3) the pile is designed and operated to control dispersal of the waste by wind, where necessary, by means other than wetting; and
(4) the pile will not generate leachate through decomposition or other reactions.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.250. 
  
 



s 66264.251. Design and Operating Requirements.
 (a) A waste pile (except for an existing portion of a waste pile) shall have:
(1) a liner that is designed, constructed, and installed to prevent any migration of wastes out of the pile into the adjacent subsurface soil or ground water or surface water at any time during the active life (including the closure period) of the waste pile. The liner may be constructed of materials that may allow waste to migrate into the liner itself (but not into the adjacent subsurface soil or ground water or surface water) during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(C) installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(2) a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the pile. The Department shall specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the pile and the leachate expected to be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying wastes, waste cover materials, and by any equipment used at the pile; and
(B) designed and operated to function without clogging through the scheduled closure of the waste pile.
(b) If the liner is constructed of material that allows waste to migrate into the liner, it shall be designed and constructed in accordance with provisions of section 66264.221(d).
(c) The owner or operator of each new waste pile unit on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners. The requirements of this subsection shall not apply to waste pile units receiving only non-RCRA hazardous waste until February 18, 1996. "Construction commences" is as defined in section 66260.10 under "existing facility".
(1)(A) The liner system shall include:
1. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and
2. A composite bottom liner, consisting of at least two components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10<<super>>-7 cm/sec.
(B) The liners shall comply with subsections (a)(1)(A), (B), and (C) of this section.
(2) The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated, and maintained to collect and remove leachate from the waste pile during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 1 foot (30 cm). The leachate collection and removal system shall comply with subsections (c)(3)(C) and (D) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom  slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1x10<<super>>-2 cm/sec or more and a thickness of 1 foot (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10<<super>>-5 m<<super>>2 /sec or more. In cases where the leak detection system is composed of coarse granular material, there shall be a suitable interface (e.g., geotextile) between the leak detection system and any flexible membrane liner, as needed to prevent the coarse grains from causing a puncture in the flexible membrane liner under the high stress conditions caused by the overlying waste;
(C) Constructed of materials that are chemically resistant to the waste managed in the waste pile and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the waste pile;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump(s). The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(5) The liner system shall be designed, constructed and operated to ensure that leak detection system shall be a minimum of 5 feet above the highest anticipated elevation of groundwater.
(d) The collection and removal system shall conform to section 66264.221(e).
(e) The owner or operator will be exempted from the requirements of subsection  (a) of this section, if the Department finds, based on a demonstration by the owner or operator, that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternate design and operation;
(3) the hydrogeologic setting of the facility, including alternative capacity and thickness of the liners and soils present between the pile and ground water or surface water;
(4) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water; and
(5) the potential for lateral migration of hazardous constituents which could present a threat to public health or the environment.
(f) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the portion of the pile during peak discharge from at least a 25-year storm.
(g) The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) If the pile contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the pile to control wind dispersal.
(j) The Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(k) If the Department determines that monitoring in the normally unsaturated zone as required pursuant to article 6 of this chapter is impracticable, the Department shall require the following when a waste pile is established:
(1) the pile shall be underlain by two liners which are designed and constructed in a manner that prevents the migration of liquids into or out of the space between the liners. Both liners shall meet all the specifications of subsection (a)(1) of this section;
(2) a leak detection system shall be designed, constructed, maintained and operated between the liners to detect any migration of liquids into the space between the liners;
(3) the pile shall have a leachate collection and removal system above the top liner that is designed, constructed, maintained and operated in accordance with subsection (a)(2) of this section.
(l) The Department may approve alternative design or operating practices to those specified in subsection (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water or surface water at least as effectively as the liners and leachate collection and removal systems specified in subsection (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(m) Subsection (c) of this section does not apply to monofills that are granted a waiver by the Department in accordance with section 66264.221(g).
(n) The owner or operator of any replacement waste pile unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is reason to believe that the liner is functioning as designed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.251. 
  
 



s 66264.252. Action Leakage Rate.
 (a) The Department shall approve an action leakage rate for waste pile units subject to section 66264.251(c) or (l). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly flow rate from the monitoring data obtained under section 66264.254(c), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.252. 
  
 



s 66264.253. Response Actions.
 (a) The owner or operator of waste pile units subject to section 66264.251(c) or (l) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedance within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4), and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.253. 
  
 



s 66264.254. Monitoring and Inspection.
 (a) During construction or installation, liners (except as exempted from section 66264.251(a)) and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(2) soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a waste pile is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) proper functioning of wind dispersal control systems, where present; and
(3) the presence of liquids in leak detection systems, where installed to comply with section 66264.251(k);
(4) the presence of leachate in and proper functioning of leachate collection and removal systems, where present.
(c) An owner or operator required to have a leak detection system under section 66264.251(c) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66264.256. Special Requirements for Ignitable or Reactive Waste.
Ignitable or reactive waste shall not be placed in a waste pile unless: the waste and waste pile satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the pile so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.256. 
  
 



s 66264.257. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this part for examples) shall not be placed in the same pile, unless section 66264.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in containers, other piles, open tanks, or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
(c) Hazardous waste shall not be piled on the same base where incompatible wastes or materials were previously piled, unless the base has been decontaminated sufficiently to ensure compliance with section 66264.17(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.257. 
  
 



s 66264.258. Closure and Post-Closure Care.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (section 66264.310).
(c)(1) The owner or operator of a waste pile shall:
(A) include in the closure plan for the pile under section 66264.112 both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) prepare a contingent post-closure plan under section 66264.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure.
(2) The cost estimates calculated under sections 66264.142 and 66264.144 for closure and post-closure care of a pile subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent post-closure plan.
 
  Note:    Authority cited: Sections 208, 25150, 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.258. 
  
 



s 66264.259. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in waste piles unless the owner or operator operates the waste pile in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for piles managing hazardous wastes F020, F021, F022, F023, F026, and, F027 if necessary to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.259. 
  
 



s 66264.270. Applicability.
The regulations in this article apply to owners and operators of facilities that treat or dispose of hazardous waste in land treatment units, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.270. 
  
 



s 66264.271. Treatment Program.
 (a) An owner or operator of a facility subject to this article shall establish a land treatment program that is designed to ensure that hazardous constituents placed in or on the treatment zone are degraded, transformed, or immobilized within the treatment zone. The Department will specify in the facility permit the elements of the treatment program, including:
(1) the wastes that are capable of being treated at the unit based on a demonstration under section 66264.272;
(2) design measures and operating practices necessary to maximize the success of degradation, transformation, and immobilization processes in the treatment zone in accordance with section 66264.273(a); and
(3) vadose zone monitoring provisions meeting the requirements of section 66264.278.
(b) The Department will specify in the facility permit the constituents of concern that shall be degraded, transformed, or immobilized under this article.
(c) The Department will specify the vertical and horizontal dimensions of the treatment zone in the facility permit. The treatment zone is the portion of the vadose zone below and including the land surface in which the owner or operator intends to maintain the conditions necessary for effective degradation, transformation, or immobilization of hazardous constituents. The maximum depth of the treatment zone shall be:
(1) no more than 1.5 meters (5 feet) from the initial soil surface; and
(2) more than 1.5 meters (5 feet) above the highest anticipated elevation of the water table.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25209.1, Health and Safety Code; 40 CFR Section 264.271. 
  
 



s 66264.272. Treatment Demonstration.
 (a) For each waste that will be applied to the treatment zone, the owner or operator shall demonstrate, prior to application of the waste, that constituents of concern in the waste can be completely degraded, transformed, or immobilized in the treatment zone.
(b) In making this demonstration, the owner or operator may use field tests, laboratory analyses, available data, or, in the case of existing units, operating data. If the owner or operator intends to conduct field tests or laboratory analyses in order to make the demonstration required under subsection (a) of this section, the owner or operator shall obtain a treatment or disposal permit under section 66270.63. The Department shall specify in this permit the testing, analytical, design, and operating requirements (including the duration of the tests and analyses, and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone, monitoring procedures, closure and clean-up activities) necessary to meet the requirements in subsection (c) of this section.
(c) Any field test or laboratory analysis conducted in order to make a demonstration under subsection (a) of this section shall:
(1) accurately simulate the characteristics and operating conditions for the proposed land treatment unit including:
(A) the characteristics of the waste (including the presence of constituents listed in Appendix VIII of chapter 11);
(B) the climate in the area;
(C) the topography of the surrounding area;
(D) the characteristics of the soil in the treatment zone (including depth); and
(E) the operating practices to be used at the unit;
(2) be likely to show that constituents of concern in the waste to be tested will be completely degraded, transformed, or immobilized in the treatment zone of the proposed land treatment unit; and
(3) be conducted in a manner that protects human health and the environment considering:
(A) the characteristics of the waste to be tested;
(B) the operating and monitoring measures taken during the course of the test;
(C) the duration of the test;
(D) the volume of waste used in the test;
(E) in the case of field tests, the potential for migration of constituents of concern to ground water or surface water.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.272. 
  
 



s 66264.273. Design and Operating Requirements.
The Department will specify in the facility permit how the owner or operator will design, construct, operate and maintain the land treatment unit in compliance with this section.
(a) The owner or operator shall design, construct, operate and maintain the unit to maximize the degradation, transformation and immobilization of constituents of concern in the treatment zone. The owner or operator shall design, construct, operate and maintain the unit in accord with all design and operating conditions that were used in the treatment demonstration under section 66264.272. At a minimum, the Department will specify the following in the facility permit:
(1) the rate and method of waste application to the treatment zone;
(2) measures to control soil pH;
(3) measures to enhance microbial or chemical reactions (e.g., fertilization, tilling); and
(4) measures to control the moisture content of the treatment zone.
(b) The owner or operator shall design, construct, operate and maintain the treatment zone to prevent run-off of constituents of concern during the active life of the land treatment unit.
(c) The owner or operator shall design, construct, operate and maintain a run-on control system capable of preventing flow onto the treatment zone during peak discharge from at least a 25-year storm.
(d) The owner or operator shall design, construct, operate and maintain a run-off management system to collect, control and properly manage at least the water volume resulting from a 24-hour, 25-year storm.
(e) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain the design capacity of the system.
(f) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal.
(g) The owner or operator shall inspect the unit weekly and after storms to detect evidence of:
(1) deterioration, malfunctions or improper operation of run-on and run-off control systems; and
(2) improper functioning of wind dispersal control measures.
(h) The growth of food-chain crops in or on the treatment zone is prohibited.
(i) The owner or operator shall manage the unit to keep the release of airborne contaminants below nuisance levels or other levels necessary to protect human health or the environment.
(j)(1) Unless granted a variance pursuant to subsection (j)(2) of this section, or exempted pursuant to subsection ( l) of this section, every new land treatment unit at a new or existing facility, every land treatment unit which replaces an existing land treatment unit, and every laterally expanded portion of an existing land treatment unit is required to be equipped with two or more liners and a leachate collection system meeting the requirements established in section 66264.301(c) for new landfills.
(2) The Department shall grant a variance from the requirements of subsection  (j)(1) or subsection (k) of this section if the owner or operator demonstrates to the Department and the Department finds all of the following:
(A) the land treatment unit was an existing land treatment unit as of January 1, 1988, and no hazardous constituents identified in Appendix VIII to chapter 11 of this division have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State. In making this demonstration the owner or operator shall take a sufficient number of core samples in, beneath and surrounding the treatment zone of the land treatment unit to characterize the chemical constituents in the.treatment zone, in the immediate area of the vadose zone surrounding the treatment zone, and in the area of the vadose zone beneath the treatment zone and shall submit groundwater monitoring data sufficient in scope to demonstrate that there has been no migration of hazardous constituents in the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the waters of the State. The owner or operator, as an alternative to taking these core samples, may use the data obtained from any land treatment demonstration required by the department pursuant to section 66264.272 if the data were obtained not more than two years prior to the application for the variance and were sufficient in scope to demonstrate that there has been no migration of hazardous constituents into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or waters of the State.
(B) Notwithstanding the date that the land treatment unit commenced operations, the design and operating practices will prevent the migration of hazardous constituents identified in Appendix VIII to chapter 11 of this division from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State.
(C) Notwithstanding the date that the land treatment unit commenced operations, the design and operating practices provide for rapid detection and removal or remediation of any hazardous consistuents that migrate from the treatment zone of the land treatment unit into the vadose zone or the waters of the State in concentrations that pollute or threaten to pollute the vadose zone or the waters of the State.
(3)(A) The Department shall renew a variance only in those cases where an owner or operator demonstrates to the Department and the Department finds, both of the following:
1. no hazardous constituents have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State concentrations which pollute or threaten to pollute the vadose zone or the waters of the State;
2. continuing the operation of the land treatment unit does not pose a significant threat of hazardous constituents migrating from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State.
(B) In making the demonstration for the renewal of a variance pursuant to this subsection, the owner or operator may use field tests, laboratory analysis or operating data.
(4) A variance or a renewal of a variance may be issued for a period not to exceed three years.
(5) Neither the requirements of this section nor the variance provisions of subsection (j)(2) shall relieve the owner or operator from responsibility to comply with all other existing laws and regulations pertinent to land treatment units.
(k) Unless granted a variance pursuant to subsection (j)(2) or exempted under subsection ( l) of this section, after January 1, 1990, no person shall discharge hazardous waste into a land treatment unit which has not been equipped with liners and a leachate collection and removal system which satisfy the requirements of subsection (j)(1) of this section.
( l) Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous substance release site is exempt from the requirements of subsection (j) of this section if all of the following apply:
(1) the Department determines that the land treatment does not pose a threat to public health or safety or the environment;
(2) the land treatment is conducted pursuant to a plan approved by the Department or a cleanup and abatement order issued by a regional water quality control board;
(3) the land treatment is not conducted at an offsite commercial facility;
(4) the land treatment is used only for purposes of removal or remedial action and, upon completion of the land treatment portion of the removal or remedial action, the land treatment unit is closed.
(m) For purposes of this section, the terms "removal," "remedial action,"  "hazardous substance" and "release" shall be defined in accordance with article 2 (commencing with section 25310) of chapter 6.8 division 20 of the Health and Safety Code.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25209.2, 25209.3 and 25209.5, Health and Safety Code; 40 CFR Section 264.273. 
  
 



s 66264.278. Vadose Zone Monitoring and Response.
In addition to the water quality monitoring and response requirements of article 6 and the environmental monitoring requirements of article 17 of this chapter, an owner or operator subject to this article shall establish a vadose zone monitoring program to discharge the following responsibilities.
(a) The owner or operator shall monitor the soil and soil-pore liquid to determine whether constituents of concern migrate out of the treatment zone.
(1) The Department will specify the constituents of concern to be monitored in the facility permit. The constituents of concern to be monitored are those specified under section 66264.271(b).
(2) The Department may require monitoring for principal constituents of concern in lieu of the constituents specified under section 66264.271(b). Principal constituents of concern are the constituents contained in the wastes to be applied at the unit that are the most difficult to treat, considering the combined effects of degradation, transformation, and immobilization. The Department may establish principal constituents of concern if it finds, based on waste analyses, treatment demonstrations, or other data, that effective degradation, transformation, or immobilization of the constituent will assure treatment at at least equivalent levels for the other constituents of concern in the wastes.
(b) The owner or operator shall install a vadose zone monitoring system that includes soil monitoring using soil cores and soil-pore liquid monitoring using devices such as lysimeters. The vadose zone monitoring system shall consist of a sufficient number of sampling points at appropriate locations and depths to yield samples that:
(1) represent the quality of background soil-pore liquid quality and the chemical make-up of soil that has not been affected by leakage from the treatment zone; and
(2) indicate the quality of soil-pore liquid and the chemical make-up of the soil below the treatment zone.
(c) The owner or operator shall establish a background concentration for each constituent of concern to be monitored under subsection (a) of this section. The permit will specify the background concentrations for each constituent or specify the procedures to be used to calculate the background concentrations.
(1) Background soil concentrations may be based on a one-time sampling at a background plot having characteristics similar to those of the treatment zone.
(2) Background soil-pore liquid concentrations shall be based on at least quarterly sampling for one year at a background plot having characteristics similar to those of the treatment zone.
(3) The owner or operator shall express all background concentrations in a form necessary for the determination of statistically significant increases under subsection (f) of this section.
(4) In taking samples used in the determination of all background concentrations, the owner. or operator shall use a vadose zone monitoring system that complies with subsection (b)(1) of this section.
(d) The owner or operator shall conduct soil monitoring and soil-pore liquid monitoring immediately below the treatment zone. The Department will specify the frequency and timing of soil and soil-pore liquid monitoring in the facility permit after considering the water quality monitoring requirements of article 6 of this chapter, the frequency, timing, and rate of waste application, and the soil permeability. The owner or operator shall express the results of soil and soil-pore liquid monitoring in a form necessary for the determination of statistically significant increases under subsection (f) of this section.
(e) The owner or operator shall use consistent sampling and analysis procedures that are designed to ensure sampling results that provide a reliable indication of soil-pore liquid quality and the chemical make-up of the soil below the treatment zone. At a minimum, the owner or operator must implement procedures and techniques for:
(1) sample collection;
(2) sample preservation and shipment;
(3) analytical procedures; and
(4) chain of custody control.
(f) The owner or operator shall determine whether there is a statistically significant change over background values concentrations for each constituent of concern to be monitored under subsection (a) of this section below the treatment zone each time the owner or operator conducts soil monitoring and soil-pore liquid monitoring under subsection (d) of this section.
(1) In determining whether a statistically significant increase has occurred, the owner or operator shall compare the value concentration of each constituent, as determined under subsection (d) of this section, to the background concentration for that constituent according to the statistical procedure specified in the facility permit under this subsection.
(2) The owner or operator shall determine whether there has been a statistically significant increase below the treatment zone within a reasonable time period after completion of sampling. The Department will specify that time period in the facility permit after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of soil and soil-pore liquid samples.
(3) The owner or operator shall determine whether there is a statistically significant increase below the treatment zone using a statistical procedure that provides reasonable confidence that migration from the treatment zone will be identified. The Department will specify a statistical procedure in the facility permit that it finds:
(A) is appropriate for the distribution of the data used to establish background concentrations; and
(B) provides a reasonable balance between the probability of falsely identifying migration from the treatment zone and the probability of failing to identify real migration from the treatment zone.
(g) Except as provided in section 66264.273(1), no person shall place or dispose of hazardous waste in a land treatment unit if any of the following conditions exist:
(1) hazardous constituents have migrated from the land treatment unit into the vadose zone beneath or surrounding the treatment zone or into the waters beneath or surrounding the treatment zone;
(2) there is evidence that a hazardous constituent in the waste discharged to the land treatment unit has not been or will not be completely degraded, transformed or immobilized in the treatment zone;
(3) there is a significant potential for hazardous constituents to migrate from the land treatment unit into a potential source of drinking water.
(h) The owner or operator shall periodically, at the request of the Department, and at least annually, submit information required by the Department to assure that the conditions set forth in subsections (g)(1) and (g)(2) of this section are not present. The information shall include, but is not limited to the results of soil and soil-pore liquid monitoring conducted under subsection (d) of this section.
(i) If the owner or operator determines pursuant to subsection (f) of this section, that there has been a statistically significant increase in the concentration of a hazardous constituent below the treatment zone, or that either of the conditions set forth in subsections (g)(1) or (g)(2) of this section are detected and confirmed, or that conditions exist that render the owner or operator unable to continue to satisfy the variance requirements of section 66264.273(j)(2), the owner or operator shall, within 72 hours, report to the Department describing the full extent of the owner's or operator's findings, including the identification of all constituents which have shown a statistically significant increase.
(j) Upon receiving notice pursuant to subsection (i) of this section, or upon independent confirmation by the Department, the Department shall order the owner or operator to cease operating the land treatment unit. The owner or operator shall not resume operating the land treatment unit and shall close the land treatment unit unless one of the following actions is taken:
(1) the owner or operator completes appropriate removal or remedial actions to the satisfaction of the Department, and the owner or operator submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or
(2) the owner or operator completes appropriate removal or remedial actions, submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners and a leachate collection and removal system that satisfy the requirements of section 66264.273(j)(1).
(k) All actions taken by an owner or operator pursuant to subsections (j)(1) or (j)(2) of this section shall be completed within a time period specified by the Department, which shall not exceed 18 months after the Department receives notice pursuant to subsection (i) of this section. If the actions are not completed within this time period, the land treatment unit shall be closed, unless granted an extension by the Department due to exceptional circumstances beyond the control of the owner and operator.
( l) If the owner or operator determines, pursuant to subsection (f) of this section, that there is a statistically significant increase of hazardous constituents below the treatment zone, the owner or operator may demonstrate that a source other than the land treatment unit caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or in lieu of the requirements under subsections (j)(1) or (j)(2) of this section, the owner or operator is not relieved of the requirements of subsections (j) and (k) of this section unless the demonstration made under this subsection successfully shows that a source other than the land treatment unit caused the increase or that the increase resulted from an error in sampling, analysis, or evaluation. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department in writing within seven days of determining a statistically significant increase below the treatment zone that the owner or operator intends to make a determination under this subsection;
(2) within 90 days, submit a report to the Department demonstrating that a source other than the regulated units caused the increase or that the increase resulted from error in sampling, analysis, or evaluation;
(3) within 90 days, submit to the Department an application for a permit modification to make any appropriate changes to the vadose zone monitoring program at the facility; and
(4) continue to monitor in accordance with the vadose zone monitoring program established under this section.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25209.4, Health and Safety Code; 40 CFR Section 264.278. 
  
 



s 66264.279. Recordkeeping.
The owner or operator shall include hazardous waste application dates and rates in the operating record required under section 66264.73.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.279. 
  
 



s 66264.280. Closure and Post-Closure Care.
 (a) During the closure period the owner or operator shall:
(1) continue all operations (including pH control) necessary to maximize degradation, transformation, or immobilization of constituents of concern within the treatment zone as required under section 66264.273(a), except to the extent such measures are inconsistent with subsection (a)(7) of this section;
(2) continue all operations in the treatment zone to prevent run-off of constituents of concern as required under section 66264.273(b);
(3) maintain the run-on control system required under section 66264.273(c);
(4) maintain the run-off management system required under section 66264.273(d);
(5) control wind dispersal of hazardous waste if required under section 264.273(f);
(6) continue vadose zone monitoring in compliance with section 66264.278, except that soil-pore liquid monitoring may be terminated after the waste added to the treatment zone has been shown to the satisfaction of the Department to have been completely degraded, immobilized or transformed, but in no event can monitoring be discontinued in less than 90 the last application of waste to the treatment zone; and
(7) control of the release of airborne contaminants to below hazardous or nuisance levels or other levels as necessary to protect human health or the environment;
(8) establish a vegetative cover on the portion of the facility being closed at such time that the cover will not substantially impede degradation, transformation, or immobilization of constituents of concern in the treatment zone. The vegetative cover shall be capable of maintaining growth without extensive maintenance.
(b) For the purpose of complying with section 66264.115, when closure is completed the owner or operator may submit to the Department certification by an independent qualified soil scientist or an independent, California Certified Engineering Geologist in lieu of an independent California registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.
(c) During the post-closure care period the owner or operator shall:
(1) continue all operations (including pH control) necessary to enhance degradation and transformation and sustain immobilization of constituents of concern in the treatment zone to the extent that such measures are consistent with other post-closure care activities;
(2) maintain a vegetative cover over closed portions of the facility;
(3) maintain run-on control system required under section 66264.273(c);
(4) maintain the run-off management system required under section 66264.273(d);
(5) control wind dispersal of hazardous waste if required under section 66264.273(f);
(6) continue vadose zone monitoring in compliance with section 66264.278 and section 66264.280(a)(6); and
(7) control of the release of airborne contaminants to below hazardous or nuisance levels or other levels as necessary to protect human health or the environment.
(d) The owner or operator is not subject to regulation under subsections (a)(7) and (c) of this section if the Department finds that the level of constituents of concern in the treatment zone soil does not exceed the background value of those constituents by an amount that is statistically significant when using the test specified in subsection (d)(3) of this section and that the waste in the treatment zone has been shown to the satisfaction of the Department to have been completely degraded, transformed or immobilized. The owner or operator may submit such a demonstration to the Department at any time during the closure or post-closure care periods. For the purposes of this subsection:
(1) the owner or operator shall establish background soil values and determine whether there is a statistically significant increase over those values for all constituents of concern specified in the facility permit under section 66264.271(b);
(A) background soil concentrations may be based on a one-time sampling of a background plot having characteristics similar to those of the treatment zone where soil has not been contacted by constituents of waste;
(B) the owner or operator shall express background values and values for constituents of concern in the treatment zone in a form necessary for the determination of statistically significant increases under subsection (d)(3) of this section;
(2) in taking samples used in the determination of background and treatment zone concentrations, the owner or operator shall take samples at a sufficient number of sampling points and at appropriate locations and depths to yield samples that represent the chemical make-up of soil that has not been affected by leakage from the treatment zone and the soil within the treatment zone, respectively;
(3) in determining whether a statistically significant increase has occurred, the owner or operator shall compare the concentration of each constituent in the treatment zone to the background concentration for that constituent using a statistical procedure that provides reasonable confidence that constituent presence in the treatment zone will be identified. The owner or operator shall use a statistical procedure that:
(A) is appropriate for the distribution of the data used to establish background concentrations; and
(B) provides a reasonable balance between the probability of falsely identifying a statistically significant increase for a constituent of concern in the treatment zone and the probability of failing to identify a statistically significant increase in the treatment zone.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code; 40 CFR Section 264.280. 
  
 



s 66264.281. Special Requirements for Ignitable or Reactive Waste .
The owner or operator shall not apply ignitable or reactive waste to the treatment zone unless the waste and the treatment zone meet all applicable requirements of chapter 18 of this division, and:
(a) the waste is immediately incorporated into the soil so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.281. 
  
 



s 66264.282. Special Requirements for Incompatible Wastes.
The owner or operator shall not place incompatible wastes, or incompatible wastes and materials (see Appendix V of this part for examples), in or on the same treatment zone, unless section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.282. 
  
 



s 66264.283. Special Requirements Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026 and, F027 shall not be placed in a land treatment unit unless the owner or operator operates the facility in accordance with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this subsection, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
(b) The Department shall impose additional design, operating, and monitoring requirements for land treatment facilities managing hazardous wastes F020, F021, F022, F023, F026, and F027 if necessary to reduce the possibility of migration of these wastes to ground water, surface outside of the treatment zone, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.283. 
  
 



s 66264.300. Applicability.
The regulations in this article apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.300. 
  
 



s 66264.301. Design and Operating Requirements.
 (a) Any landfill that is not covered by subsection (c) of this section or 66265.301(a) of this chapter shall have a liner system for all portions of the landfill (except for existing portions). The liner system shall have:
(1) a liner that is designed, constructed, and installed to prevent any migration of wastes out of the landfill to the adjacent subsurface soil or ground water or surface water at anytime during the active life (including the closure period) and during post-closure care period of the landfill. The liner shall be constructed of materials that prevent wastes from passing into the liner during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or leachate to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation;
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression, or uplift; and
(C) installed to cover all surrounding earth likely to be in contact with the waste or leachate; and
(2) a leachate collection and removal system immediately above the liner that is designed, constructed, maintained, and operated to collect and remove leachate from the landfill. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 30 cm (one foot). The leachate collection and removal system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the landfill and the leachate expected to be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and by any equipment used at the landfill; and
(B) designed and operated to function without clogging through the scheduled closure and post-closure period of the landfill.
(b) The owner or operator shall be exempted from the requirements of paragraph  (a) of this section if the Department finds, based on a demonstration by the owner or operator, that alternative design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents of concern (see section 66264.93) into the ground water or surface water at any future time. In deciding whether to grant an exemption, the Department will consider:
(1) the nature and quantity of the wastes;
(2) the proposed alternative design and operation;
(3) the hydrogeologic setting of the facility, including the attenuative capacity and thickness of the liners and soils present between the landfill and ground water or surface water;
(4) all other factors which would influence the quality and mobility of the leachate produced and the potential for it to migrate to ground water or surface water; and
(5) the potential for lateral migration of hazardous constituents which could present a threat to public health or the environment;
(c) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 shall install, two or more liners and a leachate collection and removal system above and between such liners. The requirements of this subsection shall not apply to landfill units receiving only non-RCRA hazardous waste until February 18, 1996. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
(1)(A) The liner system shall include:
1. A top liner designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into such liner during the active life and post-closure care period; and
2. A composite bottom liner, consisting of at least two components. The upper component shall be designed and constructed of materials (e.g., a geomembrane) to prevent the migration of hazardous constituents into this component during the active life and post-closure care period. The lower component shall be designed and constructed of materials to minimize the migration of hazardous constituents if a breach in the upper component were to occur. The lower component shall be constructed of at least 3 feet (91 cm) of compacted soil material with a hydraulic conductivity of no more than 1x10 [FN-7]  cm/sec.
(B) The liners shall comply with subsections (a)(1)(A), (B), and (C) of this section.
(2) The leachate collection and removal system immediately above the top liner shall be designed, constructed, operated, and maintained to collect and remove leachate from the landfill during the active life and post-closure care period. The Department will specify design and operating conditions in the permit to ensure that the leachate depth over the liner does not exceed 1 foot (30 cm). The leachate collection and removal system shall comply with subsections (c)(3)(C) and (D) of this section.
(3) The leachate collection and removal system between the liners, and immediately above the bottom composite liner in the case of multiple leachate collection and removal systems, is also a leak detection system. This leak detection system shall be capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time through all areas of the top liner likely to be exposed to waste or leachate during the active life and post-closure care period. The requirements for a leak detection system in this subsection are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom  slope of one percent or more;
(B) Constructed of granular drainage materials with a hydraulic conductivity of 1x10 [FN-2]  cm/sec or more and a thickness of 1 foot (30.5 cm) or more; or constructed of synthetic or geonet drainage materials with a transmissivity of 3x10 [FN-5]  m [FN2]  /sec or more. In cases where the leak detection system is composed of coarse granular material, there shall be a suitable interface (e.g., geotextile) between the leak detection system and any flexible membrane liner, as needed to prevent the coarse grains from causing a puncture in the flexible membrane liner under the high stress conditions caused by the overlying waste;
(C) Constructed of materials that are chemically resistant to the waste managed in the landfill and the leachate expected to be generated, and of sufficient strength and thickness to prevent collapse under the pressures exerted by overlying wastes, waste cover materials, and equipment used at the landfill;
(D) Designed and operated to minimize clogging during the active life and post-closure care period; and
(E) Constructed with sumps and liquid removal methods (e.g., pumps) of sufficient size to collect and remove liquids from the sump and prevent liquids from backing up into the drainage layer. Each unit shall have its own sump(s). The design of each sump and removal system shall provide a method for measuring and recording the volume of liquids present in the sump and of liquids removed.
(4) The owner or operator shall collect and remove pumpable liquids in the leak detection system sumps to minimize the head on the bottom liner.
(5) The liner system shall be designed, constructed and operated to ensure that leak detection system shall be a minimum of 5 feet above the highest anticipated elevation of groundwater.
(d) The Department may approve alternative design or operating practices to those specified in paragraph (c) of this section if the owner or operator demonstrates to the Department that such design and operating practices, together with location characteristics:
(1) Will prevent the migration of any hazardous constituent into the ground water at least as effectively as the liners and leachate collection and removal systems specified in paragraph (c) of this section; and
(2) Will allow detection of leaks of hazardous constituents through the top liner at least as effectively.
(e) The double liner requirement set forth in subsection (c) of this section shall be waived by the Department for any monofill, if:
(1) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24(a)(2) for non-RCRA hazardous wastes or the characteristic of toxicity as set forth in section 66261.24(a)(1) for wastes with hazardous wastes numbers D004 through D017 for RCRA hazardous wastes; and
(2)(A) 1. The monofill has at least one liner for which there is no evidence that such liner is leaking;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as that term is defined in section 66260.10; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with hazardous waste facility permits; or
(B) the owner or operator demonstrates to the satisfaction of the Department, that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water, surface water, or surrounding soils at any future time.
(f) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.
(g) The owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) If the landfill contains any particulate matter which may be subject to wind dispersal, the owner or operator shall cover or otherwise manage the landfill to control wind dispersal.
(j) The Department shall specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(k) The landfill shall be designed, constructed, operated and maintained to enable the facility to meet the closure and post-closure requirements of section 66264.310.
(l) The owner or operator of any replacement landfill unit is exempt from subsection (c) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is reason to believe that the liner is functioning as designed.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.301. 
  
 



s 66264.302. Action Leakage Rate.
 (a) The Department shall approve an action leakage rate for landfill units subject to section 66264.301(c) or (d). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(b) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66264.303(c) to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under section 66264.303(c).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.302. 
  
 



s 66264.303. Monitoring and Inspection.
 (a) During construction or installation, liners (except in the case of existing portions of landfills exempt from 66264.301(a)) and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation:
(1) synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters; and
(2) soil-based and admixed liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.
(b) While a landfill is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) proper functioning of wind dispersal control systems, where present;
(3) the presence of liquids in leak detection systems; and
(4) the presence of leachate in and proper functioning of collection and removal systems, where present.
(c)(1) An owner or operator required to have a leak detection system under section 66264.301(c) or (d) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.303. 
  
 



s 66264.304. Response Actions.
 (a) The owner or operator of landfill units subject to section 66264.301(c) or (d) shall have an approved response action plan before receipt of waste. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4), and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.304. 
  
 



s 66264.309. Surveying and Recordkeeping.
The owner or operator of a landfill shall maintain the following items in the operating record required under section 66264.73:
(a) on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks with horizontal and vertical controls; and
(b) the contents of each cell and the approximate location of each hazardous waste type within each cell.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.309. 
  
 



s 66264.310. Closure and Post-Closure Care.
 (a) At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to:
(1) prevent the downward entry of water into the closed landfill throughout a period of at least 100 years;
(2) function with minimum maintenance;
(3) promote drainage and minimize erosion or abrasion of the cover;
(4) accommodate settling and subsidence so that the cover's integrity is maintained;
(5) accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
(6) have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present; and
(7) conform to the provisions of subsections (e) through (r) of section 66264.228, except that the Department shall grant a variance from any requirement of subsections (e) through (r) which the owner or operator demonstrates to the satisfaction of the Department is not necessary to protect public health, water quality or other environmental quality.
(b) After final closure, the owner or operator must comply with all post-closure requirements contained in sections 66264.117 through 66264.120, including maintenance and monitoring throughout the post-closure care period specified in the permit under section 66264.117. The owner or operator must:
(1) maintain the integrity and effectiveness of the final cover, including making repairs to the cap as necessary to correct the effects of settling, subsidence, erosion, or other events;
(2) continue to operate the leachate collection and removal system until leachate is no longer detected;
(3) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of this chapter;
(4) prevent run-on and run-off from eroding or otherwise damaging the final cover;
(5) protect and maintain surveyed benchmarks used in complying with section 66264.309, and
(6) maintain and monitor the leak detection system in accordance with Sections 66264.301(c)(3)(D) and (c)(4) and 66264.303(c), and comply with all other applicable leak detection system requirements of this part;
(c) Unless the owner or operator can demonstrate to the satisfaction of the Department that significant amounts of toxic or flammable gas or vapor will not be emitted by waste and that no gas will be emitted that is capable of disrupting the cover or causing other property damage, the owner or operator shall provide a control system designed to prevent migration of gas. The control system shall be designed to collect gases that are emitted from the buried waste and convey gas or vapor to a flare, incinerator or treatment device that will render the gas or vapor harmless to public health or safety, or to a collection system that allows gas to be exported for use or treatment elsewhere. Any gas collection system used shall be designed to withstand pressures that may result from overburden weight of structures that may overlie the cover, and traffic that may occur.
(d) If gas or vapor that can be expected to be emitted from buried waste after closure would be flammable or toxic, the owner shall describe in the closure plan measures to render such gases or vapors harmless, or export gas from the site, for as many years as they would be emitted from the waste, and shall estimate the cost of such measures as part of the cost of closure and post-closure care of the facility. In that case, the closure plan shall provide a map showing:
(1) the number, spacing and locations of wells to be used for gas extraction;
(2) the location and spacing of piping. Also in that case, the closure plan shall describe the equipment and capability of equipment, to be provided to render gases or vapor harmless or export gas for use or treatment elsewhere. If pumping would be needed to assure that such gas is withdrawn at a rate sufficient to avoid hazardous accumulation of gas or vapor or uncontrolled migration of such gas or vapor or uncontrolled migration of such gas or vapor from the facility, the owner or operator shall describe measures to provide such pumping for as many years as such gas or vapor will be emitted from the waste, and shall estimate the cost of such measures as part of the cost of closure and post-closure care of the facility. The closure plan shall in that case describe the type of pump, volume of gas the pump can move per unit time, and the estimated distances from the pump from which gas can be extracted from the landfill. The owner or operator shall provide such measures as needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code; and 40 CFR Section 264.310. 
  
 



s 66264.312. Special Requirements for Ignitable or Reactive Waste.
 (a) Except as provided in section 66264.316, ignitable or reactive waste shall not be placed in a landfill, unless the waste and landfill meet all applicable requirements of chapter 18 of this division, and the waste is treated, rendered, or mixed before or immediately after placement in a landfill so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.312. 
  
 



s 66264.313. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V of this chapter for examples) shall not be placed in the same landfill cell, unless subsection 66264.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.313. 
  
 



s 66264.314. Special Requirements for Bulk and Containerized Liquids.
 (a) Effective February 2, 1985, the placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
(b) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the facility shall use Method 9095 (as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods -EPA publication SW-846, Third Edition, as incorporated by reference in section 66260.11).
(c) Containers holding free liquids shall not be placed in a landfill unless:
(1) all free-standing liquid: (A) has been removed by decanting or other methods; (B) has been mixed with absorbent or solidified so that free-standing liquid is no longer observed; or (C) has been otherwise eliminated; or
(2) the container is very small, such as an ampule; or
(3) the container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(4) the container is a lab pack as defined in section 66264.316 and is disposed of in accordance with section 66264.316.
(d) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subsection (d)(1) of this section; materials that pass one of the tests in subsection (d)(2) of this section; or materials that are determined by USEPA to be nonbiodegradable through the 40 CFR part 260 petition process.
(1) Nonbiodegradable sorbents.
(A) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or
(B) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or
(C) Mixtures of these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents.
(A) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-90-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or
(B) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or
(C) The sorbent material is determined to be non-biodegradable under OECD test 301B: (CO 2  Evolution (Modified Strum Test))
(e) Effective November 8, 1985 the placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the Department, or the Department determines, that:
(1) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; and
(2) placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in section 66260.10).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.5, Health and Safety Code; 40 CFR Section 264.314. 
  
 



s 66264.315. Special Requirements for Containers.
Unless they are very small, such as an ampule, containers shall be either:
(a) at least 90 percent full when placed in the landfill; or
(b) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.315. 
  
 



s 66264.316. Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs).
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met.
(a) hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the contained waste. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR Parts 173, 178, and 179), if those regulations specify a particular inside container for the waste.
(b) The inside containers must be overpacked in an open head DOT-specification metal shipping container (49 CFR Parts 178 and 179) of no more than 416- liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with section 66264.314(d), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material.
(c) The sorbent material used shall not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers, in accordance with section 66264.17(b).
(d) Incompatible wastes, as defined in article 1 of this chapter, shall not be placed in the same outside container.
(e) Reactive wastes, other than cyanide- or sulfide-bearing waste as defined in section 66261.23(a)(5) of this chapter, shall be treated or rendered non-reactive prior to packaging in accordance with subsections (a) through (d) of this section. Cyanide and sulfide-bearing reactive waste may be packed in accordance with subsections (a) through (d) of this section without first being treated or rendered non-reactive provided that the cyanide concentration is less than 1000 mg/l.
(f) Such disposal is in compliance with the requirements of chapter 18 of the division. Persons who incinerate lab packs according to the requirements of section 66268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber drums shall meet DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements of subsection (b) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.316. 
  
 



s 66264.317. Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and F027.
 (a) Hazardous Wastes F020, F021, F022, F023, F026, and F027 shall not be placed in a landfill unless the owner or operator operates the landfill in accord with a management plan for these wastes that is approved by the Department pursuant to the standards set out in this paragraph, and in accord with all other applicable requirements of this chapter. The factors to be considered are:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through the soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring requirements.
(b) The Department shall impose additional design, operating, and monitoring requirements for landfills managing hazardous wastes F020, F021, F022, F023, F026, and F027 if necessary to reduce the possibility of migration of these wastes to ground water, surface water, or air so as to protect human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.317. 
  
 



s 66264.318. Special Requirements for Nonliquid Waste.
 (a)(1) Effective January 1, 1995 or the effective date of the applicable treatment standard found in chapter 18 of division 4.5 of Titles 22 and 26 of California Code of Regulations, whichever is later, all nonliquid hazardous waste, bulk or containerized, shall contain less than 50 percent moisture by weight prior to disposal in a hazardous waste a landfill.
(2) The requirements in (a)(1) cannot be met by adding material that acts solely as a sorbent, unless determined to be nonbiodegradable in accordance with section 66264.314(d) and waste is disposed in a container,  or diluting agent.
The moisture content shall be determined by pulverizing the entire sample coarsely on a clean surface by hand, using rubber gloves. Twenty-five to 50 grams shall be placed in a prepared evaporating dish and weighed. The sample shall then be placed in an oven at 103 to 105 degrees centigrade for 1 hour. The dish shall be cooled in a desiccator to 20 degrees centigrade for 1 hour and then reweighed. The cycle of drying, cooling, and weighing shall be repeated until a constant weight is obtained or until the weight loss is less than 4 percent of the previous weight.
(b) The calculation in subsection (a) shall be in accordance with the following formula:
Percent Moisture = [(A-B)/(A-C)] x 100
Where:
A = Weight of evaporating dish and original sample, grams
B = Weight of evaporating dish and oven dried sample, grams
C = Weight of evaporating dish, grams.
(c)(1) Lab Packs as defined in section 66264.316 are exempt from section 66264.318(a).
(2) Asbestos-containing waste is exempt from section 66264.318(a) if the waste is disposed according to the requirements of the regional water quality control board in (1) a class I landfill, or (2) segregated areas within a nonclass I landfill.
 
  Note: Authority cited: Sections 25150, 25179.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25143.7, 25159, 25159.5, 25179.5(b) and 25179.9, Health and Safety Code. 
  
 



s 66264.320. Applicability.
The regulations in this article apply to owners and operators of facilities that dispose of hazardous waste in residuals repositories at permitted facilities except as Section 66264.1 provides otherwise .
 
  Note:    Authority cited: Sections 208, 25150 and 25204, Health and Safety Code. Reference: Section 25204, Health and Safety Code. 
  
 



s 66264.321. General Requirements for Residuals Repositories at Permitted Facilities.
 (a) Acceptable Wastes. Waste disposed in a residuals repository must be:
(1) Treated hazardous waste as defined in Health and Safety Code Section 25179.3(1); and,
(2) Non-liquid and containing less than 50 percent moisture by weight as determined in accordance with Section 66265.317 of this Division.
(b) Standards for siting, design, construction, operation, monitoring, maintenance, closure and post-closure maintenance. A residuals repository is subject to the requirements for land disposal of hazardous waste in landfills including the standards contained in:
(1) Articles 1 through 7 and 14 of Chapter 14, Chapter 20 and 21 of this Division;
(2) Articles 1, 3 through 5, 8, and 9 of Chapter 15, Division 3, Title 23, California Code of Regulations; and,
(3) Subparts B through G, and N of Part 264, Subchapter I, Chapter 1, Title 40, Code of Federal Regulations.
 
  Note:    Authority cited: Sections 208, 25150 and 25204, Health and Safety Code. Reference: Section 25204, Health and Safety Code. 
  
 



s 66264.340. Applicability.
 (a) The regulations in this article apply to owners or operators of facilities that incinerate hazardous waste, except as 66264.1 provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:
(1) owners or operators of hazardous waste incinerators (as defined in section 66260.10).
(b) After consideration of the waste analysis included with Part B of the permit application, the Department, in establishing the permit conditions, shall exempt the applicant from all requirements of this article except sections 66264.341 (Waste analysis) and 66264.351 (Closure):
(1) if the Department finds that the waste to be burned is:
(A) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or
(B) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is reactive (Hazard Code R) for characteristics other than those listed in section 66261.33(a)(4) and (a)(5), and will not be burned when other hazardous wastes are present in the combustion zone; or
(C) a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under article 3 of chapter 11 of this division; or
(D) a hazardous waste solely because it possesses any of the reactivity characteristics described by section 66261.23 (a)(1), (a)(2), (a)(3), (a)(6), (a)(7), and (a)(8), and will not be burned when other hazardous wastes are present in the combustion zone; and
(2) if the waste analysis shows that the waste contains none of the hazardous constituents listed in Appendix VIII of chapter 11 of this division, which would reasonably be expected to be in the waste.
(c) If the waste to be burned is one which is described by subsections  (b)(1)(A), (b)(1)(B), (b)(1)(C), or (b)(1)(D) of this section and contains insignificant concentrations of the hazardous constituents listed in Appendix VIII to chapter 11 of this division, then the Department shall, in establishing permit conditions, exempt the applicant from all requirements of this article, except sections 66264.341 (Waste analysis) and 66264.351 (Closure), after consideration of the waste analysis included with Part B of the permit application, unless the Department finds that the waste will pose a threat to human health and the environment when burned in an incinerator.
(d) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of section 66270.62 (Short term and incinerator permits).
 
  Note: Authority cited: Sections 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.340. 
  
 



s 66264.341. Waste Analysis.
 (a) As a portion of the trial burn plan required by section 66270.62, or with Part B of the permit application, the owner or operator shall have included an analysis of the waste feed sufficient to provide all information required by section 66270.62(b) or 66270.19. Owners or operators of new hazardous waste incinerators shall provide the information required by section 66270.62(c) or section 66270.19 to the greatest extent possible.
(b) Throughout normal operation, the owner or operator shall conduct sufficient waste analysis to verify that waste feed to the incinerator is within the physical and chemical composition limits specified in that owner or operator's permit (under section 66264.345(b)).
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.341. 
  
 



s 66264.342. Principal Organic Hazardous Constituents (POHCs).
 (a) Principal Organic Hazardous Constituents (POHCs) in the waste feed shall be treated to the extent required by the performance standard of section 66264.343.
(b)(1) One or more POHCs will be specified in the facility's permit, from among those constituents listed in Appendix VIII and Appendix X to chapter 11 of this division, for each waste feed to be burned. This specification will be based on the degree of difficulty of incineration of the organic constituents in the waste and on their concentration or mass in the waste feed, considering the results of waste analyses and trial burns or alternative data submitted with Part B of the facility's permit application. Organic constituents which represent the greatest degree of difficulty of incineration will be those most likely to be designated as POHCs. Constituents are more likely to be designated as POHCs if they are present in large quantities or concentrations in the waste.
(2) Trial POHCs will be designated for performance of trial burns in accordance with the procedure specified in section 66270.62 for obtaining trial burn permits.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.341. 
  
 



s 66264.343. Performance Standards.
An incinerator burning hazardous waste shall be designed, constructed, and maintained so that, when operated in accordance with operating requirements specified under section 66264.345, it will meet the following performance standards.
(a)(1) Except as provided in subsection (a)(2) of this section, an incinerator burning hazardous waste shall achieve a destruction and removal efficiency (DRE) of 99.99% for each principal organic hazardous constituent (POHC) designated (under section 66264.342) in its permit for each waste feed. DRE is determined for each POHC from the following equation:
	(W in - W out)
DRE = ----------------- x 100%
	W in
Where: W in = mass feed rate of one principal organic hazardous constituent  (POHC) in the waste stream feeding the incinerator and W out = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere.
(2) An incinerator burning hazardous wastes F020, F021, F022, F023, F026, or F027 shall achieve a destruction and removal efficiency (DRE) of 99.9999% for each principal organic hazardous constituent (POHC) designated under section 66264.342 in its permit. This performance shall be demonstrated on POHCs that are more difficult to incinerate than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in section 66264.343(a)(1). In addition, the owner or operator of the incinerator shall notify the Department of that owner or operator's intent to incinerate hazardous wastes F020, F021, F022, F023, F026, or F027.
(b) An incinerator burning hazardous waste and producing stack emissions of more than 1.8 kilograms per hour (4 pounds per hour) of hydrogen chloride (HCl) shall control HCl emissions such that the rate of emission is no greater than the larger of either 1.8 kilograms per hour or 1% of the HCl in the stack gas prior to entering any pollution control equipment.
(c) An incinerator burning hazardous waste shall not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) when corrected for the amount of oxygen in the stack gas according to the formula:
                      14
Pc = Pm X --------
	21-Y
Where Pc is the corrected concentration of particulate matter, Pm is the measured concentration of particulate matter, and Y is the measured concentration of oxygen in the stack gas, using the Orsat method for oxygen analysis of dry flue gas, presented in Part 60, Appendix A (Method 3), of 40 CFR. This correction procedure is to be used by all hazardous waste incinerators except those operating under conditions of oxygen enrichment. For these facilities, the Department will select an appropriate correction procedure, to be specified in the facility permit.
(d) For purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66264.345) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the performance requirements of this section may be "information" justifying modification, revocation, or reissuance of a permit under section 66270.41.
 
  Note:    Authority cited: Sections 208 and 25159.5, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.343. 
  
 



s 66264.344. Hazardous Waste Incinerator Permits.
 (a) The owner or operator of a hazardous waste incinerator may burn only wastes specified in the owner or operator's permit and only under operating conditions specified for those wastes under section 66264.345, except:
(1) in approved trial burns under section 66270.62; or
(2) under exemptions created by section 66264.340.
(b) Other hazardous wastes may be burned only after operating conditions have been specified in a new permit or a permit modification as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with Part B of a permit application under section 66270.19.
(c) The permit for a new hazardous waste incinerator shall establish appropriate conditions for each of the applicable requirements of this article, including but not limited to allowable waste feeds and operating conditions necessary to meet the requirements of section 66264.345, sufficient to comply with the following standards.
(1) For the period beginning with initial introduction of hazardous waste to the incinerator and ending with initiation of the trial burn, and only for the minimum time required to establish operating conditions required in subsection (c)(2) of this section, not to exceed a duration of 720 hours operating time for treatment of hazardous waste, the operating requirements shall be those most likely to ensure compliance with the performance standards of section 66264.343, based on the Department's engineering judgment. The Department may extend the duration of this period once for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.
(2) For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the performance standards of section 66264.343 and shall be in accordance with the approved trial burn plan.
(3) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Department, the operating requirements shall be those most likely to ensure compliance with the performance standards of section 66264.343, based on the Department's engineering judgment.
(4) For the remaining duration of the permit, the operating requirements shall be those demonstrated, in a trial burn or by alternative data specified in section 66270.19(c), as sufficient to ensure compliance with the performance standards of section 66264.343.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.344. 
  
 



s 66264.345. Operating Requirements.
 (a) An incinerator shall be operated in accordance with operating requirements specified in the permit. These will be specified on a case-by-case basis as those demonstrated (in a trial burn or in alternative data as specified in section 66264.344(b) and included with Part B of a facility's permit application) to be sufficient to comply with the performance standards of section 66264.343.
(b) Each set of operating requirements will specify the composition of the waste feed (including acceptable variations in the physical or chemical properties of the waste feed which will not affect compliance with the performance requirement of section 66264.343) to which the operating requirements applynt of section 66264.343) to which the operating requirements apply. For each such waste feed, the permit will specify acceptable operating limits including the following conditions:
(1) carbon monoxide (CO) level in the stack exhaust gas;
(2) waste feed rate;
(3) combustion temperature;
(4) an appropriate indicator of combustion gas velocity;
(5) allowable variations in incinerator system design or operating procedures; and
(6) such other operating requirements as are necessary to ensure the performance standards of section 66264.343 are met.
(c) During start-up and shut-down of an incinerator, hazardous waste (except wastes exempted in accordance with section 66264.340) shall not be fed into the incinerator unless the incinerator is operating within the conditions of operation (temperature, air feed rate, etc.) specified in the permit.
(d) Fugitive emissions from the combustion zone shall be controlled by:
(1) keeping the combustion zone totally sealed against fugitive emissions; or
(2) maintaining a combustion zone pressure lower than atmospheric pressure; or
(3) an alternate means of control demonstrated (with Part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
(e) An incinerator shall be operated with a functioning system to automatically cut off waste feed to the incinerator when operating conditions deviate from limits established under subsection (a) of this section.
(f) An incinerator shall cease operation when changes in waste feed, incinerator design, or operating conditions exceed limits designated in its permit.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.345. 
  
 



s 66264.347. Monitoring and Inspections.
 (a) The owner or operator shall conduct, as a minimum, the following monitoring while incinerating hazardous waste.
(1) Combustion temperature, waste feed rate, and the indicator of combustion gas velocity specified in the facility permit shall be monitored on a continuous basis.
(2) CO shall be monitored on a continuous basis at a point in the incinerator downstream of the combustion zone and prior to release to the atmosphere.
(3) Upon request by the Department, sampling and analysis of the waste and exhaust emissions shall be conducted to verify that the operating requirements established in the permit achieve the performance standards of section 66264.343.
(b) The incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be subjected to thorough visual inspection, at least daily, for leaks, spills, fugitive emissions, and signs of tampering.
(c) The emergency waste feed cutoff system and associated alarms shall be tested at least weekly to verify operability, unless the applicant demonstrates to the Department that weekly inspections will unduly restrict or upset operations and that less frequent inspection will be adequate. At a minimum, operational testing shall be conducted at least monthly.
(d) This monitoring and inspection data shall be recorded and the records shall be placed in the operating log required by section 66264.73.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.347. 
  
 



s 66264.351. Closure.
 (a) At closure the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the incinerator site.
(b) At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(d), that the residue removed from the incinerator is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with applicable requirements of this division.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.351. 
  
 



s 66264.500. [Reserved].
 
 



s 66264.550. Applicability of Corrective Action Management Unit (CAMU) Regulations.
 (a) Except as provided in subsection (b) of this section, corrective action management units for RCRA hazardous waste, or for management of both RCRA and non-RCRA hazardous wastes in the same unit are subject to the requirements of section 66264.552. Corrective action management units for hazardous waste that is solely non-RCRA are subject to the requirements of section 66264.552.5.
(b) Corrective action management units for RCRA hazardous wastes that were approved before April 22, 2002, or for which substantially complete applications (or equivalents) were submitted to the Department on or before November 20, 2000, are subject to the requirements in section 66264.551 for grandfathered corrective action management units; corrective action management unit waste, activities, and design will not be subject to the standards in section 66264.552, so long as the waste, activities, and design remain within the general scope of the corrective action management unit as approved.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25358.9 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; and 40 CFR Section 264.550. 
  
 



s 66264.551. Grandfathered Corrective Action Management Units (CAMUs).
 (a) For the purpose of implementing corrective action under this article,  Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility. A corrective action management unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the corrective action management unit originated. One or more corrective action management units may be designated at a facility.
(1) Placement of remediation wastes into or within a corrective action management unit does not constitute land disposal of hazardous wastes.
(2) Consolidation or placement of remediation wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The Department may designate a regulated unit [as defined in section 66264.90(a)] as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:
(A) The regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and
(B) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.
(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapters 14 or 15 that applied to that regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.
(c) The Department shall designate a corrective action management unit in accordance with the following:
(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective corrective action measures;
(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to RCRA hazardous wastes, hazardous substances, or hazardous constituents;
(3) The corrective action management unit shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;
(4) Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;
(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;
(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and
(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.
(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section.
(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:
(1) The areal configuration of the corrective action management unit.
(2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
(3) Requirements for ground water monitoring that are sufficient to:
(A) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit.
(4) Closure and post-closure requirements.
(A) Closure of corrective action management units shall:
1. Minimize the need for further maintenance; and
2. Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of RCRA hazardous waste, hazardous constituents, leachate, contaminated runoff, or RCRA hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) Requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. Requirements for excavation, removal, treatment or containment of wastes;
2. For areas in which wastes will remain after closure of the corrective action management unit, requirements for capping of such areas; and
3. Requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the corrective action management unit.
(C) In establishing specific closure requirements for corrective action management units under this subsection, the Department shall consider the following factors:
1. Corrective action management unit characteristics;
2. Volume of wastes which remain in place after closure;
3. Potential for releases from the corrective action management unit;
4. Physical and chemical characteristics of the waste;
5. Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. Potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) The Department shall document the rationale for designating corrective action management units and shall make such documentation available to the public.
(g) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(h) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other corrective action selection decisions.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25358.9 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; and 40 CFR Section 264.551. 
  
 



s 66264.552. Corrective Action Management Units (CAMU) for RCRA Hazardous Waste.
 (a) For the purpose of implementing corrective action under this article,  Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or corrective action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit under the requirements in this section. Corrective action management unit means an area within a facility that is used only for managing CAMU-eligible wastes for implementing corrective action or cleanup at the facility. A corrective action management unit shall be located within the contiguous property under the control of the owner or operator where the wastes to be managed in the corrective action management unit originated. One or more corrective action management units may be designated at a facility.
(1) CAMU-eligible waste means:
(A) All solid and RCRA hazardous wastes, and all media (including ground water, surface water, soils, and sediments) and debris, that are managed for implementing cleanup. As-generated wastes (either RCRA hazardous, non-RCRA hazardous or non-hazardous) from ongoing industrial operations at a site are not CAMU-eligible wastes.
(B) Wastes that would otherwise meet the description in subsection (a)(1)(A) of this section are not "CAMU-Eligible Wastes" where:
1. The wastes are RCRA hazardous wastes found during cleanup in intact or substantially intact containers, tanks, or other non-land-based units found above ground, unless the wastes are first placed in the tanks, containers or non-land-based units as part of cleanup, or the containers or tanks are excavated during the course of cleanup; or
2. The Department exercises the discretion in subsection (a)(2) of this section to prohibit the wastes from management in a corrective action management unit.
(C) Notwithstanding subsection (a)(1)(A) of this section, where appropriate, as-generated either non-RCRA hazardous or non-hazardous waste may be placed in a corrective action management unit where such waste is being used to facilitate treatment or the performance of the corrective action management unit.
(2) The Department may prohibit, where appropriate, the placement of waste in a corrective action management unit where the Department has or receives information that such wastes have not been managed in compliance with applicable land disposal treatment standards of California Code of Regulations, title 22, division 4.5, chapter 18, or applicable unit design requirements of California Code of Regulations, title 22, division 4.5, chapter 14, or applicable unit design requirements of California Code of Regulations, title 22, division 4.5, chapter 18, or that non-compliance with other applicable requirements of California Code of Regulations, title 22 likely contributed to the release of the waste.
(3) Prohibition against placing liquids in corrective action management units.
(A) The placement of bulk or noncontainerized liquid RCRA hazardous waste or free liquids contained in RCRA hazardous waste (whether or not sorbents have been added) in any corrective action management unit is prohibited except where placement of such wastes facilitates the remedy selected for the waste.
(B) The placement of containers holding free liquids in a corrective action management unit shall comply with the requirements in 40 Code of Federal Regulations part 264.314(d) for placement in landfills except where placement facilitates the remedy selected for the waste.
(C) The placement of any liquid which is not a RCRA hazardous waste in a corrective action management unit is prohibited unless such placement facilitates the remedy selected for the waste or a demonstration described in 40 Code of Federal Regulations part 264.314(f) is made. The administrative agency as used in part 264.314(f) includes the Department.
(D) The absence or presence of free liquids in either a containerized or a bulk waste shall be determined in accordance with 40 Code of Federal Regulations part 264.314(c). Sorbents used to treat free liquids in corrective action management units shall meet the requirements of 40 Code of Federal Regulations part 264.314(e).
(4) Placement of CAMU-eligible wastes into or within a corrective action management unit does not constitute land disposal of RCRA and/or non-RCRA hazardous wastes.
(5) Consolidation or placement of CAMU-eligible wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The Department may designate a regulated unit (as defined in 40 Code of Federal Regulations part 264.90(a)(2)) as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:
(A) The regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and
(B) Inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.
(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapter 14 or 15 that applied to the regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.
(c) The Department shall designate a corrective action management unit that will be used for storage and/or treatment only in accordance with subsection (f) of this section. The Department shall designate all other corrective action management units in accordance with the following:
(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective remedies;
(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to RCRA or non-RCRA hazardous wastes or hazardous constituents;
(3) The corrective action management unit shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing CAMU-eligible waste is more protective than management of such wastes at contaminated areas of the facility;
(4) Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;
(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;
(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and
(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.
(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section. This shall include, unless not reasonably available, information on:
(1) The origin of the waste and how it was subsequently managed (including a description of the timing and circumstances surrounding the disposal and/or release);
(2) Whether the waste was listed or identified as RCRA hazardous at the time of disposal and/or release; and
(3) Whether the disposal and/or release of the waste occurred before or after the land disposal requirements of 40 Code of Federal Regulations part 268 were in effect for the waste listing or characteristic.
(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:
(1) The areal configuration of the corrective action management unit.
(2) Except as provided in subsection (g) of this section, requirements for CAMU-eligible waste management to include the specification of applicable design, operation, treatment and closure requirements.
(3) Minimum design requirements. Corrective action management units, except as provided in subsection (f) of this section, into which wastes are placed shall be designed in accordance with the following:
(A) Unless the Department approves alternate requirements under subsection  (e)(3)(B) of this section, corrective action management units that consist of new, replacement, or laterally expanded units shall include a composite liner and a leachate collection system that is designed and constructed to maintain less than a 30-cm depth of leachate over the liner. For purposes of this section, composite liner means a system consisting of two components; the upper component shall consist of a minimum 30-mil flexible membrane liner (FML), and the lower component shall consist of at least a two-foot layer of compacted soil with a hydraulic conductivity of no more than 1x10 [FN-7]  cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60 mil thick. The FML component shall be installed in direct and uniform contact with the compacted soil component;
(B) Alternate requirements. The Department may approve alternate requirements if:
1. The Department finds that alternate design and operating practices, together with location characteristics, will prevent the migration of any hazardous constituents into the ground water or surface water at least as effectively as the liner and leachate collection systems in subsection (e)(3)(A) of this section; or
2. The corrective action management unit is to be established in an area with existing significant levels of contamination, and the Department finds that an alternative design, including a design that does not include a liner, would prevent migration from the unit that would exceed long-term corrective action goals.
(4) Minimum treatment requirements: Unless the wastes will be placed in a corrective action management unit for storage and/or treatment only in accordance with subsection (f) of this section, CAMU-eligible wastes that, absent this section, would be subject to the treatment requirements of 40 Code of Federal Regulations part 268, and that the Department determines contain principal hazardous constituents, shall be treated to the standards specified in subsection (e)(4)(C) of this section.
(A) Principal hazardous constituents are those constituents that the Department determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.
1. In general, the Department will designate as principal hazardous constituents:
a. Carcinogens that pose a potential direct risk from ingestion or inhalation at the site at or above 10 [FN-3]; and
b. Non-carcinogens that pose a potential direct risk from ingestion or inhalation at the site an order of magnitude or greater over their reference dose.
2. The Department will also designate constituents as principal hazardous constituents, where appropriate, when risks to human health and the environment posed by the potential migration of constituents in wastes to ground water are substantially higher than cleanup levels or goals at the site; when making such a designation, the Department may consider such factors as constituent concentrations, and fate and transport characteristics under site conditions.
3. The Department may also designate other constituents as principal hazardous constituents that the Department determines pose a risk to human health and the environment substantially higher than the cleanup levels or goals at the site.
(B) In determining which constituents are "principal hazardous constituents," the Department shall consider all constituents which, absent this section, would be subject to the treatment requirements in 40 Code of Federal Regulations part 268.
(C) Waste that the Department determines contains principal hazardous constituents shall meet treatment standards determined in accordance with subsection (e)(4)(D) or (e)(4)(E) of this section:
(D) Treatment standards for wastes placed in corrective action management units.
1. For non-metals, treatment shall achieve 90 percent reduction in total principal hazardous constituent concentrations, except as provided by subsection (e)(4)(D) 3 of this section.
2. For metals, treatment shall achieve 90 percent reduction in principal hazardous constituent concentrations as measured in leachate from the treated waste or media (tested according to the TCLP incorporated by reference in section 66264.24, subsection (a) of this division) or 90 percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by subsection (e)(4)(D) 3 of this section.
3. When treatment of any principal hazardous constituent to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the Universal Treatment Standard is not required. Universal Treatment Standards are identified in 40 Code of Federal Regulations part 268.48 Table UTS.
4. For waste exhibiting the RCRA hazardous characteristic of ignitability, corrosivity or reactivity, the waste shall also be treated to eliminate these characteristics.
5. For debris, the debris shall be treated in accordance with California Code of Regulations, title 22, section 66268.45, or by methods or to levels established under subsections (e)(4)(D) 1 through 4, or subsection (e)(4)(E) of this section, whichever the Department determines is appropriate.
6. Alternatives to TCLP. For metal bearing wastes for which metals removal treatment is not used, the Department may specify a leaching test other than the TCLP (SW846 Method 1311, 40 C.F.R. s 260.11 (11)) to measure treatment effectiveness, provided the Department determines that an alternative leach testing protocol is appropriate for use, and that the alternative more accurately reflects conditions at the site that affect leaching.
(E) Adjusted standards. The Department may adjust the treatment level or method in subsection (e)(4)(D) of this section to a higher or lower level, based on one or more of the following factors, as appropriate. The adjusted level or method shall be protective of human health and the environment:
1. The technical impracticability of treatment to the levels or by the methods in subsection (e)(4)(D) of this section;
2. The levels or methods in subsection (e)(4)(D) of this section would result in concentrations of principal hazardous constituents (PHCs) that are significantly above or below cleanup standards applicable to the site (established either site-specifically, or promulgated under state or federal law);
3. The views of the affected local community on the treatment levels or methods in subsection (e)(4)(D) of this section as applied at the site, and, for treatment levels, the treatment methods necessary to achieve these levels;
4. The short-term risks presented by the on-site treatment method necessary to achieve the levels or treatment methods in subsection (e)(4)(D) of this section;
5. The long-term protection offered by the engineering design of the corrective action management unit and related engineering controls:
a. Where the treatment standards in subsection (e)(4)(D) of this section are substantially met and the principal hazardous constituents in the waste or residuals are of very low mobility; or
b. Where cost-effective treatment has been used and the corrective action management unit meets the RCRA subtitle C liner and leachate collection requirements for new land disposal units at 40 Code of Federal Regulations parts 264.301(c) and (d); or
c. Where, after review of appropriate treatment technologies, the Department determines that cost-effective treatment is not reasonably available, and the corrective action management unit meets the RCRA subtitle C liner and leachate collection requirements for new land disposal units at 40 Code of Federal Regulations parts 264.301(c) and (d); or
d. Where cost-effective treatment has been used and the principal hazardous constituents in the treated wastes are of very low mobility; or
e. Where, after review of appropriate treatment technologies, the Department determines that cost-effective treatment is not reasonably available, the principal hazardous constituents in the wastes are of very low mobility, and either the corrective action management unit meets or exceeds the liner standards for new, replacement, or laterally expanded corrective action management units in subsections (e)(3)(A) and (B) of this section, or the corrective action management unit provides substantially equivalent or greater protection.
(F) The treatment required by the treatment standards shall be completed prior to, or within a reasonable time after, placement in the corrective action management unit.
(G) For the purpose of determining whether wastes placed in corrective action management units have met site-specific treatment standards, the Department may, as appropriate, specify a subset of the principal hazardous constituents in the waste as analytical surrogates for determining whether treatment standards have been met for other principal hazardous constituents. This specification will be based on the degree of difficulty of treatment and analysis of constituents with similar treatment properties.
(5) Except as provided in subsection (f) of this section, requirements for ground water monitoring and corrective action that are sufficient to:
(A) Continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) Detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit; and
(C) Require notification to the Department and corrective action as necessary to protect human health and the environment for releases to ground water from the corrective action management unit.
(6) Except as provided in subsection (f) of this section, closure and post-closure requirements:
(A) Closure of corrective action management units shall:
1. Minimize the need for further maintenance; and
2. Control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of RCRA hazardous wastes, hazardous constituents, leachate, contaminated runoff, or RCRA hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) Requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. Requirements for excavation, removal, treatment or containment of wastes; and
2. Requirements for removal and decontamination of equipment, devices, and structures used in CAMU-eligible waste management activities within the corrective action management unit.
(C) In establishing specific closure requirements for corrective action management units under subsection (e) of this section, the Department shall consider the following factors:
1. Corrective action management unit characteristics;
2. Volume of wastes which remain in place after closure;
3. Potential for releases from the corrective action management unit;
4. Physical and chemical characteristics of the waste;
5. Hydrological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. Potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Cap requirements:
1. At final closure of the corrective action management unit, for areas in which wastes will remain after closure of the corrective action management unit, with constituent concentrations at or above corrective action levels or goals applicable to the site, the owner or operator shall cover the corrective action management unit with a final cover designed and constructed to meet the following performance criteria, except as provided in subsection (e)(6)(D) 2 of this section:
a. Provide long-term minimization of migration of liquids through the closed unit;
b. Function with minimum maintenance;
c. Promote drainage and minimize erosion or abrasion of the cover;
d. Accommodate settling and subsidence so that the cover's integrity is maintained; and
e. Have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present.
2. The Department may determine that modifications to subsection (e)(6)(D) 1 of this section are needed to facilitate treatment or the performance of the corrective action management unit (e.g., to promote biodegradation).
(E) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with which such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) Corrective action management units used for storage and/or treatment only are corrective action management units in which wastes will not remain after closure. Such corrective action management units shall be designated in accordance with all of the requirements of this section, except as follows.
(1) Corrective action management units that are used for storage and/or treatment only and that operate in accordance with the time limits established in the staging pile regulations at 40 Code of Federal Regulations parts 264.554(d)(1)(iii), (h), and (i) are subject to the requirements for staging piles at 40 Code of Federal Regulations parts 264.554(d)(1)(i) and (ii), part 264.554(d)(2), parts 264.554(e) and (f), and parts 264.554(j) and (k) in lieu of the performance standards and requirements for corrective action management units in this section at subsections (c) and (e)(3) through (6).
(2) Corrective action management units that are used for storage and/or treatment only and that do not operate in accordance with the time limits established in the staging pile regulations at 40 Code of Federal Regulations parts 264.554(d)(1)(iii), (h), and (i):
(A) Shall operate in accordance with a time limit, established by the Department, that is no longer than necessary to achieve a timely remedy selected for the waste, and
(B) Are subject to the requirements for staging piles at 40 Code of Federal Regulations parts 264.554(d)(1)(i) and (ii), part 264.554(d)(2), parts 264.554(e) and (f), and parts 264.554(j) and (k) in lieu of the performance standards and requirements for corrective action management units in this section at subsections (c) and (e)(4) and (6).
(g) Corrective action management units into which wastes are placed where all wastes have constituent levels at or below corrective action levels or goals applicable to the site do not have to comply with the requirements for liners at subsection (e)(3)(A) of this section, caps at subsection (e)(6)(D) of this section, ground water monitoring requirements at subsection (e)(5) of this section or, for treatment and/or storage-only corrective action management units, the design standards at subsection (f) of this section.
(h) The Department shall provide public notice and a reasonable opportunity for public comment before designating a corrective action management unit. Such notice shall include the rationale for any proposed adjustments under subsection (e)(4)(E) of this section to the treatment standards in subsection (e)(4)(D) of this section.
(i) Notwithstanding any other provision of this section, the Department may impose additional requirements as necessary to protect human health and the environment.
(j) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(k) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other remedy selection decisions.
 
  Note: Authority cited: Sections 25150, 25159, 25187, 25200.10,  25358.9 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; and 40 CFR Section 264.552. 
  
 



s 66264.552.5. Corrective Action Management Units for Non-RCRA Hazardous Waste.
 (a) For the purpose of implementing corrective actions under this article,  Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA Section 3005 [Title 42, U.S.C., section 6925], the Department may designate an area at the facility as a corrective action management unit, as defined in section 66260.10, in accordance with the requirements of this section. One or more corrective action management units may be designated at a facility.
(1) Placement of remediation wastes into or within a corrective action management unit does not constitute land disposal of hazardous wastes.
(2) Consolidation or placement of remediation wastes into or within a corrective action management unit does not constitute creation of a unit subject to minimum technology requirements.
(b)(1) The Department may designate a regulated unit [as defined in section 66264.90(a)] as a corrective action management unit, or may incorporate a regulated unit into a corrective action management unit, if:
(A) the regulated unit is closed or closing, meaning it has begun the closure process under section 66264.113 of chapter 14 or section 66265.113 of chapter 15 of this division; and
(B) inclusion of the regulated unit will enhance implementation of effective, protective and reliable corrective actions for the facility.
(2) The article 6, 7, 8, and 17 requirements of this chapter or article 6, 7, 8, and 18 requirements of chapter 15 and the unit-specific requirements of chapters 14 or 15 that applied to that regulated unit will continue to apply to that portion of the corrective action management unit after incorporation into the corrective action management unit.
(c) The Department shall designate a corrective action management unit in accordance with the following:
(1) The corrective action management unit shall facilitate the implementation of reliable, effective, protective, and cost-effective corrective action measures;
(2) Waste management activities associated with the corrective action management unit shall not create unacceptable risks to humans or to the environment resulting from exposure to hazardous wastes, hazardous substances, or hazardous constituents;
(3) The corrective action management unit shall include uncontaminated areas of the facility, only if including such areas for the purpose of managing remediation waste is more protective than management of such wastes at contaminated areas of the facility;
(4) Areas within the corrective action management unit, where wastes remain in place after closure of the corrective action management unit, shall be managed and contained so as to minimize future releases, to the extent practicable;
(5) The corrective action management unit shall expedite the timing of corrective action activity implementation, when appropriate and practicable;
(6) The corrective action management unit shall enable the use, when appropriate, of treatment technologies (including innovative technologies) to enhance the long-term effectiveness of corrective actions by reducing the toxicity, mobility, or volume of wastes that will remain in place after closure of the corrective action management unit; and
(7) The corrective action management unit shall, to the extent practicable, minimize the land area of the facility upon which wastes will remain in place after closure of the corrective action management unit.
(d) The owner or operator shall provide sufficient information to enable the Department to designate a corrective action management unit in accordance with the criteria in this section.
(e) The Department shall specify, in the permit or order, requirements for corrective action management units to include the following:
(1) The areal configuration of the corrective action management unit.
(2) Requirements for remediation waste management to include the specification of applicable design, operation and closure requirements.
(3) Requirements for ground water monitoring that are sufficient to:
(A) continue to detect and to characterize the nature, extent, concentration, direction, and movement of existing releases of hazardous constituents in ground water from sources located within the corrective action management unit; and
(B) detect and subsequently characterize releases of hazardous constituents to ground water that may occur from areas of the corrective action management unit in which wastes will remain in place after closure of the corrective action management unit.
(4) Closure and post-closure requirements.
(A) closure of corrective action management units shall:
1. minimize the need for further maintenance; and
2. control, minimize, or eliminate, to the extent necessary to protect human health and the environment, for areas where wastes remain in place, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated runoff, or hazardous waste decomposition products to the ground, to surface waters, or to the atmosphere.
(B) requirements for closure of corrective action management units shall include the following, as appropriate and as deemed necessary by the Department for a given corrective action management unit:
1. requirements for excavation, removal, treatment or containment of wastes;
2. for areas in which wastes will remain after closure of the corrective action management unit, requirements for capping of such areas; and
3. requirements for removal and decontamination of equipment, devices, and structures used in remediation waste management activities within the corrective action management unit.
(C) in establishing specific closure requirements for corrective action management units under this subsection, the Department shall consider the following factors:
1. corrective action management unit characteristics;
2. volume of wastes which remain in place after closure;
3. potential for releases from the corrective action management unit;
4. physical and chemical characteristics of the waste;
5. hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential or actual releases; and
6. potential for exposure of humans and environmental receptors if releases were to occur from the corrective action management unit.
(D) Post-closure requirements as necessary to protect human health and the environment, to include, for areas where wastes will remain in place, monitoring and maintenance activities, and the frequency with hich such activities shall be performed to ensure the integrity of any cap, final cover, or other containment system.
(f) The Department shall document the rationale for designating corrective action management units and shall make such documentation available to the public.
(g) Incorporation of a corrective action management unit into an existing permit shall be approved by the Department according to the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division, or according to the permit modification procedures of section 66270.42 of chapter 20 of this division.
(h) The designation of a corrective action management unit does not change the Department's existing authority to address clean-up levels, media-specific points of compliance to be applied to corrective action at a facility, or other corrective action selection decisions.
 
  Note: Authority cited: Sections 58102 of the Governor's Reorganizational Plan  # 1 of 1991; and Sections 25150, 25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25200.14, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.552. 
  
 



s 66264.553. Temporary Units.
 (a) For temporary tanks and container storage areas used for treatment or storage of hazardous remediation wastes, during corrective action activities required under this article, Health and Safety Code sections 25200.10, 25187, or 25200.14, or section 25358.9 where as provided for under the provisions of that section the Department has excluded the removal or remedial action at a site from the hazardous waste facilities permit required by Health and Safety Code section 25201, or federal RCRA section 3005 [Title 42, U.S.C., section 6925], the Department may determine that a design, operating, or closure standard applicable to such units may be replaced by alternative requirements which are protective of human health or the environment.
(b) Any temporary unit to which alternative requirements are applied in accordance with subsection (a) of this section shall be:
(1) Located within the facility boundary; and
(2) Used only for treatment or storage of remediation wastes.
(c) In establishing standards to be applied to a temporary unit, the Department shall consider the following factors:
(1) Length of time such unit will be in operation;
(2) Type of unit;
(3) Volumes of wastes to be managed;
(4) Physical and chemical characteristics of the wastes to be managed in the unit;
(5) Potential for releases from the unit;
(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and
(7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.
(d) The Department shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The Department shall also specify the design, operating, and closure requirements for the unit.
(e) The Department may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the Department determines that:
(1) Continued operation of the unit will not pose a threat to human health or the environment; and
(2) Continued operation of the unit is necessary to ensure timely and efficient implementation of corrective actions at the facility.
(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:
(1) Approved in accordance with the procedures for Department-initiated permit modifications under section 66270.41 of chapter 20 of this division; or
(2) Requested by the owner or operator as a Class II modification according to the procedures under section 66270.42 of chapter 20 of this division.
(g) The Department shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.
 
  Note: Authority cited: Section 58102 of the Governor's Reorganizational Plan  # 1 of 1991; and Sections 25150, 25159, 25187, 25200.10, 25358.9, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25187, 25200, 25200.10, 25316, 25355.5, 25356.9, 25358.3 and 25358.9, Health and Safety Code; 40 CFR Section 264.553. 
  
 



s 66264.570. Applicability.
 (a) The requirements of this article apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990 and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at section 66264.573(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.
(b) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under sections 66264.573(e) or 66264.573(f), as appropriate.
(c) The requirements of this article are not applicable to the management of infrequent and incidental drippage in storage yards provided that:
(1) the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, the contingency plan shall describe how the owner or operator will do the following:
(A) cleanup the drippage;
(B) document the cleanup of the drippage;
(C) retain documents regarding cleanup for three years; and
(D) manage the contaminated media in a manner consistent with Department regulations.
 
  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 264.570. 
  
 



s 66264.571. Assessment of Existing Drip Pad Integrity.
 (a) For each existing drip pad as defined in section 66264.570, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirements of this article, except the requirements for liners and leak detection systems of section 66264.573(b). No later than the effective date of this rule, the owner or operator shall obtain and keep on file at the facility, a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated, and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of section 66264.573 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of section 66264.573, except the standards for liners and leak detection systems, specified in section 66264.573(b).
(b) The owner or operator shall develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of section 66264.573(b), and submit the plan to the Department no later than two years before the date that all repairs, upgrades, and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of section 66264.573. The plan shall be reviewed and certified by an independent qualified registered professional engineer.
(c) Upon completion of all upgrades, repairs, and modifications, the owner or operator shall submit to the Department, the as-built drawings for the drip pad together with a certification by an independent, qualified professional engineer registered in California attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of section 66264.573(m) or close the drip pad in accordance with section 66264.575.
 
  Note:   Authority cited: Sections 25150 and 25159,  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 264.571. 
  
 



s 66264.572. Design and Installation of New Drip Pads.
Owners and operators of new drip pads shall ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the requirements of sections 66264.573 (except 66264.573(b), 66264.574 and 66264.575, or
(b) All of the requirements of sections 66264.573 (except section 66264.573(a)(4)(A) and (B)), 66264.574 and 66264.575.
 
  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 264.572. 
  
 



s 66264.573. Design and Operating Requirements.
 (a) Drip pads shall:
(1) be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;
(2) be sloped to free-drain treated wood drippage, rain and other waters, or solutions of drippage and water or other wastes to the associated collection system;
(3) have a curb or berm around the perimeter;
(4)(A) have a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second, e.g., existing concrete drip pads shall be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, material, or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the materials shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with section 66264.572(a) instead of Section 66264.572(b).
(4)(B) the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for paragraph (b) of this section.
(5) be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
(b) If an owner or operator elects to comply with section 66264.572(b) instead of section 66264.572(a), the drip pad shall have:
(1) a synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and to prevent releases into the adjacent subsurface soil or groundwater or surface water during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and
(C) installed to cover all surrounding earth that could come in contact with the waste or leakage; and
(2) a leakage detection system immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad. The leakage detection system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad;
(B) designed and operated to function without clogging through the scheduled closure of the drip pad; and
(C) designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(3) a leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed shall be documented in the operating log.
(c) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.
(d) The drip pad and associated collection system shall be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as described in section 66264.570(b), the owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventingflow onto the drip pad during peak discharge from at least a 24-hour, 25-year storm, unless the system has sufficient excess capacity to contain any run-off that might enter the system.
(f) Unless protected by a structure or cover, as described in section 66264.570(b), the owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(g) The drip pad shall be evaluated to determine that it meets the requirements of subsections (a) through (f) of this section and the owner or operator shall obtain a statement from an independent, qualified pro-fessional engineer registered in California certifying that the drip pad design meets the requirements of this section.(h) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.(i) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance from accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility's operating log. The owner or operator shall determine if the residues are hazardous as per section 66262.11 and, if so, shall manage them under chapters 11 through 18 and 20.(j) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as result of activities by personnel or equipment.(k) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.(l) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad and as specified in the permit, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(1) upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage in the leak detection system), the owner or operator shall:
(A) enter a record of the discovery in the facility operating log;
(B) immediately remove the portion of the drip pad affected by the condition from service;
(C) determine what steps shall be taken to repair the drip pad and clean up any leakage from below the drip pad, and establish a schedule for accomplishing the repairs;
(D) within 24 hours after discovery of the condition, notify the Department of the condition and, within ten working days, provide written notice to the Department with a description of the steps that will be taken to repair the drip pad and clean up any leakage, and the schedule for accomplishing this work;
(2) the Department will review the information submitted, make a determination regarding whether the pad shall be removed from service completely or partially until repairs and clean up are complete, and notify the owner or operator of the determination and the underlying rationale in writing;
(3) upon completing all repairs and clean up, the owner or operator shall notify the Department in writing and provide a certification signed by an independent, qualified professional engineer registered in California, that the repairs and clean up have been completed according to the written plan submitted in accordance with subsection (m)(1)(D) of this section.
(n) Should a permit be necessary, the Department will specify in the permit all design and operating practices that are necessary to ensure that the requirements of this section are satisfied.
(o) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.
 
  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 264.573. 
  
 



s 66264.574. Inspections.
 (a) During preconstruction, construction, and operating phases, liners and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfections (e.g., holes, cracks, thin spots, or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of section 66264.573 by an independent, qualified professional engineer registered in California. The certification shall be maintained at the facility as part of the facility operating record. After installation, liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions or improper operation of run-on and run-off control systems;
(2) the presence of leakage in and proper functioning of leak detection system; or
(3) deterioration or cracking of the drip pad surface.
 
  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 and 25245, Health and Safety Code; and 40 CFR Section 264.574. 
  

 



s 66264.575. Closure.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practically removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (section 66264.310). For permitted units, the requirement to have a permit continues throughout the post-closure period. In addition, for the purposes of closure, post-closure, and financial responsibility, such a drip pad is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
(c)(1) The owner or operator of an existing drip pad, as defined in section 66264.570, that does not comply with the liner requirements of section 66264.573(b)(1) shall:
(A) include in the closure plan for the drip pad under section 66264.112 both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) prepare a contingent post-closure plan under section 66264.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure;
(2) the cost estimates calculated under sections 66264.112 and 66264.144 for closure and post-closure care of a drip pad subject to this chapter shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a) of this section.
 
  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 264.575. 
  
 



s 66264.600. Applicability.
The requirements in this article apply to owners and operators of facilities that transfer, treat, store, or dispose of hazardous waste in miscellaneous units, except as section 66264.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.600. 
  
 



s 66264.601. Environmental Performance Standards.
 A miscellaneous unit shall be located, designed, constructed, operated, maintained, and closed in a manner that will ensure protection of human health and the environment. Permits for miscellaneous units shall contain such terms and provisions as necessary to protect human health and the environment, including, but not limited to, as appropriate, design and operating requirements, detection and monitoring requirements, and requirements for responses to releases of hazardous waste or hazardous waste constituents from the unit. Permit terms and provisions shall include those requirements of articles 9 through 15 of this chapter, chapter 20, 40 CFR Part 146, and article 5.5 of chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100) that are appropriate for the miscellaneous unit being permitted. Protection of human health and the environment includes, but is not limited to:
(a) prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in the ground water or subsurface environment, considering:
(1) the volume and physical and chemical characteristics of the waste in the unit, including its potential for migration through soil, liners, or other containing structures;
(2) the hydrologic and geologic characteristics of the unit and the surrounding area;
(3) the existing quality of ground water and soil-pore liquid and gas, including other sources of pollution and contamination and their cumulative impact on the ground water and the normally unsaturated zone;
(4) the quantity and direction of groundwater flow;
(5) the proximity to and withdrawal rate of current and potential groundwater users;
(6) the patterns of land use in the region;
(7) the potential for deposition or migration of waste constituents, hazardous constituents, or reaction products, into subsurface physical structures, and into the root zone of food-chain crops and other vegetation;
(8) the potential for health risks caused by human exposure to constituents of concern; and
(9) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern;
(b) prevention of any releases that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in surface water, or wetlands or on the soil surface considering:
(1) the volume and physical and chemical characteristics of the waste in the unit;
(2) the effectiveness and reliability of containing, confining, and collecting systems and structures in preventing migration;
(3) the hydrologic characteristics of the unit and the surrounding area, including the topography of the land around the unit;
(4) the patterns of precipitation in the region;
(5) the quantity, quality, and direction of ground-water flow;
(6) the proximity of the unit to surface waters;
(7) the current and potential uses of nearby surface waters and any water quality standards established for those surface waters;
(8) the existing quality of surface waters and surface soils, including other sources of pollution and contamination and their cumulative impact on surface waters and surface soils;
(9) the patterns of land use in the region;
(10) the potential for health risks caused by human exposure to constituents of concern; and
(11) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern;
(c) prevention of any release that may have adverse effects on human health or the environment due to migration of waste constituents, hazardous constituents, or reaction products, in the air, considering:
(1) the volume and physical and chemical characteristics of the waste in the unit, including its potential for the emission and dispersal of gases, aerosols, and particulates;
(2) the effectiveness and reliability of systems and structures to reduce or prevent emissions of hazardous constituents to the air;
(3) the operating characteristics of the unit;
(4) the atmospheric, meteorologic, and topographical characteristics of the unit and the surrounding area;
(5) the existing quality of the air, including other sources of pollution and contamination and their cumulative impact on the air;
(6) the potential for health risks caused by human exposure to constituents of concern; and
(7) the potential for damage to domestic animals, wildlife, crops, vegetation, and physical structures caused by exposure to constituents of concern.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.601. 
  

 



s 66264.602. Monitoring, Analysis, Inspection, Response, Reporting, and Corrective Action.
Monitoring, testing, analytical data, inspections, response, and reporting procedures and frequency shall ensure compliance with sections 66264.15, 66264.33, 66264.75, 66264.76, 66264.77, 66264.601 and 66264.801 as well as meet any additional requirements needed to protect human health and the environment as specified in the permit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.602. 
  
 



s 66264.603. Post-Closure Care.
 A miscellaneous unit that is a disposal unit shall be maintained in a manner that complies with section 66264.601 during the post-closure care period. In addition, if a transfer, treatment, or storage unit has contaminated soils or ground water that cannot be completely removed or decontaminated during closure, then that unit shall also meet the requirements of section 66264.601 during post-closure care. The post-closure plan under section 66264.118 shall specify the procedures that will be used to satisfy this requirement.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.603. 
  
 



s 66264.700. Applicability to Permitted Facilities.
 (a) The regulations in this article apply to owners and operators of permitted facilities that treat, store, recycle or dispose of hazardous waste. The owner or operator shall satisfy the requirements of this article for all wastes (or constituents thereof) contained in any regulated unit that receives hazardous waste after February 2, 1985. Any waste or waste constituent migrating beyond the regulated unit, as determined by monitoring at any monitoring point for air or soil-pore gas established in accordance with section 66264.705, is assumed to originate from a regulated unit unless the owner or operator demonstrates to the satisfaction of the Department that such waste or waste constituent originated from another source.
(b) The owner or operator is not subject to regulation under this article if the Department finds, pursuant to section 66264.280(d), that the treatment zone of a land treatment unit does not contain levels of hazardous constituents that are above background levels of those constituents by an amount that is statistically significant, and if an unsaturated zone monitoring program meeting the requirements of section 66264.278 has not shown a statistically significant increase in hazardous constituents below the treatment zone during the active life of the unit. An exemption under this subsection can only relieve an owner or operator of responsibility to meet the requirements of this article during the post-closure care period.
(c) The owner or operator is not subject to regulation under this article if the owner or operator demonstrates to the satisfaction of the Department that hazardous waste will not migrate from a regulated unit during the active life of the unit (including the closure period) and the post-closure care period specified under section 66264.117. The demonstration that liquid will not migrate shall be certified by an independent certified engineering geologist or civil engineer registered in California. The demonstration that gas or airborne solids will not migrate shall be certified by a scientist, or engineer registered in California, qualified to make such a demonstration. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this subsection on assumptions that maximize the rate of liquid migration.
(d) The regulations under this article apply during the active life of the regulated unit (including the closure period). After closure of the regulated unit, the regulations in this article:
(1) do not apply if all waste, waste residues, contaminated containment system components and contaminated subsoils are removed or decontaminated at closure; or
(2) apply during the post closure care period under section 66264.117 of article 7 of this chapter and during any compliance period under section 66264.96 of article 6 of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.701. Required Programs.
 (a) Owners and operators subject to this article shall conduct a monitoring and response program as follows.
(1) Whenever there is a statistically significant increase under section 66264.707(b) for any hazardous constituents under section 66264.703 from a regulated unit at any monitoring point under section 66264.705, or at another location at which environmental monitoring is undertaken pursuant to state requirements, the owner or operator shall institute a compliance monitoring program under section 66264.708.
(2) Whenever the environmental protection standard under section 66264.702 is exceeded, or when a concentration specified for soil-pore gas or open-air downwind from the hazardous waste facility, is exceeded, the owner or operator shall institute a corrective action program under section 66264.708.
(3) In all other cases, the owner or operator shall institute a detection monitoring program under section 66264.706.
(b) The Department will specify in the facility permit the specific elements of the monitoring and response program. The Department shall include one or more of the programs identified in subsection (a) of this section in the facility permit as may be necessary to protect human health or the environment and will specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the Department will consider the potential adverse effects on human health or the environment that might occur before final administrative action could be taken on a permit modification application to incorporate such a program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.702. Environmental Protection Standard.
 (a) The owner or operator shall comply with conditions specified in the facility permit that are designed to ensure that hazardous constituents, under section 66264.703 entering soil or air from a regulated unit, do not exceed the concentration limits under section 66264.704 cited by the Department as maximum acceptable concentrations in soil, soil-pore gas, air, or on the land surface.
(b) The owner or operator shall not cause the concentration of a hazardous constituent in soil, soil-pore gas or air outside the unit to exceed a concentration limit under section 66264.704 specified in the facility permit as maximum acceptable concentrations in soil, soil-pore gas, air, or on the land surface.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.703. Hazardous Constituents.
 (a) The Department will specify in the facility permit the hazardous constituents to which the environmental protection standard of section 66264.702 applies. Constituents specified in the permit will be limited to constituents reasonably expected to be in or derived from waste contained in a regulated unit.
(b) The Department shall not specify in the facility permit constituents the Department considers not capable of posing a substantial present or potential hazard to human health or the environment and that are not useful as an indicator of migration of hazardous waste. In deciding which constituents to cite in the facility permit, the Department will consider the following:
(1) potential effects on human health or the environment that can result from migration of waste constituents from a regulated unit considering:
(A) the volume, physical and chemical characteristics of the waste in the regulated unit, including its potential for migration;
(B) the hydrogeological characteristics of the facility and surrounding land;
(C) the current and estimated future uses of the area;
(D) any existing contamination or pollution, including other sources and their cumulative impact;
(E) the potential for health risks caused by human exposure to waste constituents;
(F) the potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents; and
(G) the persistence and permanence of the potential adverse effects;
(2) potential adverse effects on surface and groundwater quality; and
(3) capability of the substance to act as an indicator of the possible presence of a hazardous constituent of hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.704. Concentration Limits.
 (a) The facility permit shall specify concentration limits for soil, soil-pore gas, and open-air downwind from the regulated unit, for hazardous constituents established under section 66264.703.
(b) The concentration limit for a hazardous constituent in soil outside the regulated unit shall not exceed the background concentration of that constituent in the soil unless an alternate concentration limit that is higher than background concentration for soil is established by the Department under subsection (e) of this section.
(c) The concentration limit for a hazardous constituent in open-air immediately downwind from the regulated unit:
(1) shall not exceed an ambient air quality standard established by the California Air Resources Board; and
(2) shall not exceed a concentration limit for a hazardous constituent established by the Department to protect human health or the environment.
(d) The concentration limit for a hazardous constituent in soil-pore gas outside the regulated unit shall not exceed the background concentration in soil-pore gas unless a concentration limit greater than background is established for soil-pore gas by the Department under subsection (e) of this section.
(e) The Department shall establish an alternate concentration limit for a hazardous constituent if it is found that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the Department will consider any or all of the factors listed under section 66264.703(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.705. Monitoring Points.
The Department will specify in the facility permit the monitoring points at which monitoring must be conducted by the owner or operator and at which the environmental protection standard of section 66264.702 applies. Monitoring points shall be suitable for sampling any substance that may have migrated from the regulated unit, and shall be located close enough to the regulated unit to provide an early indication of contaminant migration.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.706. Detection Monitoring Program.
An owner or operator required to establish a detection monitoring program under this article shall, at a minimum, discharge the responsibilities specified in subsections (a) through (f) of this section concerning monitoring of air and soil-pore gas.
(a) The owner or operator shall assure that monitoring and corrective action measures necessary to achieve compliance with the environmental protection standard under section 66264.702 are taken as specified in the permit or in an order issued by the Department.
(b) The owner or operator of a regulated unit that contains hazardous waste or discarded hazardous material that contains a volatile toxic substance or a hazardous material that can become airborne, or that can decompose or react to form a volatile toxic substance or toxic gas, shall follow methods prescribed by the Department to provide for representative sampling and analysis of air upwind and at the disposal area, and of soil-pore gas at monitoring points under section 66264.705, established by the owner or operator to the satisfaction of the Department. Vapor and gas monitoring wells shall be covered with collection chambers approved by the Department. The owner or operator shall provide, inside the collection chambers, probes or equivalent methodologies that actively sense the concentration of substances specified by the Department. If specified by the Department, the owner or operator shall provide instrumentation that provides continuous recording of concentrations of substances in open air and in the atmosphere of vapor wells.
(c) Samples will be analyzed for those substances specified in the permit. Unless the Department specifies in the permit parameters and constituents for which samples described in subsection (b) of this section shall be analyzed, the owner or operator shall analyze the samples to determine the concentration of all constituents thatcause waste at the regulated unit to be hazardous waste. The Department will specify for the regulated unit the location and frequency of monitoring and the type of statistical analysis that will be used. The owner or operator shall submit a report to the Department that indicates the results of the analysis and the concentrations of constituents in the air and soil-pore gas sampled. The report shall be submitted to the Department within 30 days of the date analyses are completed.
(d) If the owner or operator determines that there is an increase of hazardous constituents at any monitoring point under section 66264.705, the owner or operator shall:
(1) notify the Department of this finding in writing within seven days of the date such determination is made. The notification shall indicate what constituents have shown statistically significant increases;
(2) within 90 days of the determination, submit to the Department an application for a permit modification to modify the facility or operating practices at the facility.
(e) If the owner or operator determines that there is an increase of hazardous constituents at any monitoring point under section 66264.705, the owner or operator may demonstrate that a source other than the regulated unit caused the increase or that the increase resulted from an error in sampling, analysis or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or in lieu of, submitting a permit modification application under subsection (d)(2) of this section, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in subsection (d)(2) of this section unless the demonstration made under this subsection shows to the satisfaction of the Department that a source other than the regulated unit caused the increase or that the increase resulted from an error in sampling, analysis or evaluation. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department in writing within seven days of determining an increase at any monitoring point that the owner or operator intends to make a determination under this subsection;
(2) within 90 days of determining the increase, submit a report to the Department demonstrating that a source other than the regulated unit caused the increase or that the increase resulted from error in sampling, analysis or evaluation;
(3) within 90 days of determining the increase, submit to the Department an application for a permit modification to make any appropriate changes to the monitoring program at the facility; and
(4) continue to monitor in accordance with the monitoring program established under this section.
(f) If the owner or operator determines that the detection monitoring program under this article does not satisfy the requirements of this section, the owner or operator shall, within 90 days of determining the increase, submit an application for a permit modification to make any appropriate changes to the program.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.707. Compliance Monitoring Program.
An owner or operator required to establish a compliance monitoring program under this article shall, at a minimum, discharge the following responsibilities.
(a) The owner or operator shall perform monitoring the Department specifies to determine whether regulated units are in compliance with the environmental protection standard under section 66264.702, or to determine the vertical and horizontal extent to which a constituent of hazardous waste has migrated from a regulated unit. The Department will specify the environmental protection standard in the facility permit, including:
(1) a list of the hazardous constituents identified under section 66264.703;
(2) concentration limits under section 66264.704 for each of those hazardous constituents; and
(3) the monitoring points under section 66264.705.
(b) If stipulated by the Department, the owner or operator shall determine the concentration of hazardous constituents in the unsaturated zone or in the air. The owner or operator shall express the concentration at each sampling station in a form necessary for the determination of increases. The owner or operator shall submit data obtained from monitoring to the Department within 30 days after it is obtained.
(c) If the owner or operator determines that the environmental protection standard is being exceeded at any monitoring point established under section 66264.705 or any other type and location of sampling station, the owner or operator shall:
(1) notify the Department of this finding in writing within seven days of the determination. The notification shall indicate what concentration limits have been exceeded;
(2) submit to the Department an application for a permit modification to establish a corrective action program meeting the requirements of section 66264.708 within 180 days of the determination, or within 90 days if an engineering feasibility study has been previously submitted to the Department. The application shall, at a minimum, include the following information:
(A) a detailed description of corrective actions that will achieve compliance with the environmental protection standard specified in the permit under subsection (a) of this section;
(B) a plan for an environmental monitoring program that will demonstrate the effectiveness of the corrective action to the satisfaction of the Department. Such a monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.
(d) If the owner or operator determines that the environmental protection standard is being exceeded at any monitoring point established under section 66264.705, the owner or operator may demonstrate that a source other than a regulated unit caused the increase or that the increase resulted from error in sampling, analysis or evaluation. While the owner or operator may make a demonstration under this subsection in addition to, or in lieu of, submitting a permit modification application under subsection (c)(2) of this section, the owner or operator is not relieved of the requirement to submit a permit modification application within the time specified in subsection (c)(2) of this section unless the demonstration made under this subsection shows to the satisfaction of the Department that a source other than a regulated unit caused the increase or that the increase resulted from error in sampling, analysis or evaluation. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department in writing within seven days of the determination that the owner or operator intends to make a demonstration under this subsection;
(2) within 90 days of the determination, submit a report to the Department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standard resulted from error in sampling, analysis or evaluation;
(3) within 90 days of the determination, submit to the Department an application for a permit modification to make any appropriate changes to the compliance monitoring program at the facility;
(4) continue to monitor in accord with the compliance monitoring program established under this section.
(e) If the owner or operator determines that the compliance monitoring program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of the determination, submit an application for a permit modification to make any appropriate changes to the program.
(f) The owner or operator shall assure the Department that monitoring and corrective action measures are taken as necessary to achieve compliance with the environmental protection standard under section 66264.702 as specified in the permit or in an order issued by the Department.
(g) When the Department has determined that a constituent of hazardous waste has migrated from a regulated unit, the Department shall require the owner or operator to obtain samples of soil from specified depths and locations, and to chemically analyze such samples as necessary to determine the distances and depths through which constituents of hazardous waste have migrated from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.708. Corrective Action Program.
An owner or operator required to establish a corrective action program under this article shall, at a minimum, discharge the following responsibilities.
(a) The owner or operator shall take corrective action to ensure that regulated units are in compliance with the environmental protection standard under section 66264.702. The Department will specify the environmental protection standard in the facility permit, including:
(1) a list of the hazardous constituents identified under section 66264.703;
(2) concentration limits under section 66264.704 for each of those hazardous constituents; and
(3) the monitoring points under section 66264.705.
(b) The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the monitoring points established under section 66264.705 by removing the hazardous waste constituents or treating them in place or providing other effective measures. The permit will specify the specific measures that will be taken.
(c) The owner or operator shall begin corrective action within a reasonable time period after the environmental protection standard is exceeded. The Department will specify that time period in the facility permit. If a facility permit includes a corrective action program under this section in addition to a compliance monitoring program under section 66264.707, the permit will specify when the corrective action will begin, and such a requirement will operate in lieu of section 66264.707(c)(2).
(d) In conjunction with a corrective action program established under this section, the owner or operator shall establish and implement an environmental monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under section 66264.707 and shall be as effective as that program in determining compliance with the environmental protection standard under section 66264.702 and in determining the success of a corrective action program under subsection (e) of this section.
(e) In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under section 66264.703 of this article that have caused, or could cause, the environmental protection standard to be exceeded, or take other action specified by the Department to reduce the concentration of hazardous constituents under section 66264.703 to levels below their respective concentration limits specified pursuant to this chapter, and to prevent subsequent exceedance of those levels by hazardous waste remaining at the regulated unit. The permit will specify the measures to be taken.
(1) Corrective action measures under this subsection shall be initiated and completed within a reasonable period of time considering the extent of contamination.
(2) Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under section 66264.703 is reduced to levels below their respective concentration limits under section 66264.704, and it is not likely that hazardous waste remaining at the regulated unit will cause a concentration limit under section 66264.704 to be exceeded.
(f) The owner or operator shall continue corrective action measures as necessary to ensure that the environmental protection standard is not exceeded. If the owner or operator is conducting corrective action under this section at the end of the post-closure care period or at the end of any compliance period established under section 66264.96 of article 6, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the environmental protection standard under section 66264.702. The owner or operator may terminate corrective action measures under this section taken beyond the end of the post-closure care period or any compliance period established under section 66264.96 of article 6 if the owner or operator demonstrates, to the satisfaction of the Department, based on data from the environmental monitoring program under subsection (d) of this section, that the environmental protection standard of section 66264.702 has not been exceeded during the last three consecutive years.
(g) The owner or operator shall report in writing to the Department on the effectiveness of the corrective action program established under this section. The owner or operator shall submit these reports semiannually.
(h) If the owner or operator determines that the corrective action program does not satisfy the requirements of this section, the owner or operator shall, within 90 days of making such determination, submit an application for a permit modification to make any appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66264.800. Applicability.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66264.801. Corrective Action.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



Appendix I.
Recordkeeping Instructions
 
The recordkeeping provisions of section 66264.73 specify that an owner or operator shall keep a written operating record at the facility. This appendix provides additional instructions for keeping portions of the operating record. See section 66264.73(b) for additional recordkeeping requirements.
The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner: records of each hazardous waste received, transferred, treated, stored, or disposed of at the facility which include the following:
(1) a description by its common name and any applicable EPA Hazardous Waste Number or California Hazardous Waste Number from chapter 11 of this division which apply to the waste. The waste description also shall include the waste's physical form, i.e., liquid, sludge, solid, or contained gas. If the waste is not listed in chapter 11, article 4 or Appendix XII of this division, the description also shall include the process that produced it (for example, solid filter cake from production of --, EPA Hazardous Waste Number W051).
Each hazardous waste listed in chapter 11, article 4, of this division, and each hazardous waste characteristic defined in chapter 11, article 3, of this division, has a four-digit EPA Hazardous Waste Number and/or a three-digit California Hazardous Waste Number assigned to it. This number shall be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description shall include all applicable EPA and California Hazardous Waste Numbers;
(2) the estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of measure specified in Table 1:
Table 1
 
--------------------------------
Unit of Measurement   Code [FN1]
--------------------------------
Gallons               G
Gallons per Hour      E
Gallons per Day       U
 Liters               L
 Liters per Hour      H
 Liters per Day       V
Short Tons per Hour   D
Metric Tons per Hour  W
Short Tons per Day    N
Metric Tons per Day   S
Pounds per Hour       J
Kilograms per Hour    R
Cubic Yards           Y
Cubic Meters          C
Acres                 B
Acre-feet             A
Hectares              Q
Hectare-meter         F
Btu's per Hour        I
--------------------------------
 
[FNa1] Single digit symbols are used here for data processing purposes.
(3) the method(s) (by handling code(s) as specified in Table 2) and date(s) of treatment, storage, or disposal.
Table 2
 
Handling Codes for Treatment, Storage, and Disposal Methods
 
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of hazardous waste received.
                              (a) Storage.
S01  Container (barrel, drum, etc.)
S02  Tank
S03  Waste pile
S04  Surface impoundment
S05  Drip Pad
S06  Containment Building (Storage)
S99  Other Storage (specify)
                               Treatment.
                           Thermal Treatment.
T06  Liquid injection incinerator
T07  Rotary kiln incinerator
T08  Fluidized bed incinerator
T09  Multiple hearth incinerator
T10  Infrared furnace incinerator
T11  Molten salt destructor
T12  Pyrolysis
T13  Wet Air oxidation
T14  Calcination
T15  Microwave discharge
T18  Other (specify)
                        (2) Chemical Treatment.
T19  Absorption mound
T20  Absorption field
T21  Chemical fixation
T22  Chemical oxidation
T23  Chemical precipitation
T24  Chemical reduction
T25  Chlorination
T26  Chlorinolysis
T27  Cyanide destruction
T28  Degradation
T29  Detoxification
T30  Ion exchange
T31  Neutralization
T32  Ozonation
T33  Photolysis
T34  Other (specify)
                        (3) Physical Treatment.
                     (A) Separation of components.
T35  Centrifugation
T36  Clarification
T37  Coagulation
T38  Decanting
T39  Encapsulation
T40  Filtration
T41  Flocculation
T42  Flotation
T43  Foaming
T44  Sedimentation
T45  Thickening
T46  Ultrafiltration
T47  Other (specify)
                  (B) Removal of Specific Components.
T48  Absorption-molecular sieve
T49  Activated carbon
T50  Blending
T51  Catalysis
T52  Crystallization
T53  Dialysis
T54  Distillation
T55  Electrodialysis
T56  Electrolysis
T57  Evaporation
T58  High gradient magnetic separation
T59  Leaching
T60  Liquid ion exchange
T61  Liquid-liquid extraction
T62  Reverse osmosis
T63  Solvent recovery
T64  Stripping
T65  Sand filter
T66  Other (specify)
                        (4) Biological Treatment
T67  Activated sludge
T68  Aerobic lagoon
T69  Aerobic tank
T70  Anaerobic tank
T71  Composting
T72  Septic tank
T73  Spray irrigation
T74  Thickening filter
T75  Trickling filter
T76  Waste stabilization pond
T77  Other (specify)
T78  [Reserved]
T79  [Reserved]
                   (5) Boiler and Industrial Furnaces
T80  Boiler
T81  Cement Kiln
T82  Lime Kiln
T83  Aggregate Kiln
T84  Phosphate Kiln
T85  Coke Oven
T86  Blast Furnace
T87  Smelting, Melting, or Refining Furnace
T88  Titanium Dioxide Chloride Process Oxidation Reactor
T89  Methane Reforming Furnace
T90  Pulping Liquor Recovery Furnace
T91  Combustion Device Used in the Recovery of Sulfur Values
     from Spent Sulfuric Acid
T92  Halogen Acid Furnace
T93  Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)
                          (6) Other Treatment
T94  Containment Building (Treatment)
                             (c) Disposal.
D79  Underground injection
D80  Landfill
D81  Land treatment
D82  Ocean disposal
D83  Surface impoundment (to be closed as a landfill)
D99  Other Disposal (specify)
                     (d) Miscellaneous (Article 16)
X01  Open Burning/Open Detonation
X02  Mechanical Processing
X03  Thermal Unit
X04  Geologic Repository
X99  Other (Article 16) (specify)
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Part 264, Appendix I. 
  
 



Appendix V.
Examples of Potentially Incompatible Waste
 
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of transfer, treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator shall, as the regulations require, adequately analyze all wastes so as to avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.

-------------------------------------------------------------------------
Group 1-A                                  Group 1-B
Acetylene sludge                           Acid sludge
Alkaline caustic liquids                   Acid and water
Alkaline cleaner                           Battery acid
Alkaline corrosive liquids                 Chemical cleaners
Alkaline corrosive battery fluid           Electrolyte, acid
Caustic wastewater                         Etching acid liquid or solvent
 Lime sludge and other corrosive alkalies
 Lime wastewater                           Pickling liquor and
                                           other corrosive acids
 Lime and water                            Spent acid
Spent caustic                              Spent mixed acid
                                           Spent sulfuric acid
-------------------------------------------------------------------------
 
Potential consequences: Heat generation; violent reaction.
------------------------------------------------------------
Group 2-A                                 Group 2-B
Aluminum                                  Any waste in Group
                                          1-A or 1-B
Beryllium
Calcium
 Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
------------------------------------------------------------
 
Potential consequences: Fire or explosion; generation of flammable hydrogen gas.
--------------------------------------------
Group 3-A  Group 3-B
Alcohols   Any concentrated waste
           in Groups 1-A or 1-B
Water      Calcium
           Lithium
           Metal hydrides
           Potassium
           SO 2 Cl 2, SOCl 2, PCl 3,
           CH 3 SiCl 3
           Other water-reactive waste
--------------------------------------------
 
Potential consequences: Fire, explosion, or heat generation; generation of flammable or toxic gases.
-----------------------------------------------------------------
Group 4-A                                      Group 4-B
Alcohols                                       Concentrated Group
                                               1-A or 1-B wastes
Aldehydes                                      Group 2-A wastes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds and solvents
-----------------------------------------------------------------
 
Potential consequences: Fire, explosion, or violent reaction.
-----------------------------------------------------
Group 5-A                            Group 5-B
Spent cyanide and sulfide solutions  Group 1-B wastes
-----------------------------------------------------
 
Potential consequences: Generation of toxic hydrogen cyanide or hydrogen sulfide gas.
--------------------------------------------------
Group 6-A               Group 6-B
Chlorates               Acetic acid and
                        other organic acids
Chlorine                Concentrated mineral acids
Chlorites               Group 2-A wastes
Chromic acid            Group 4-A wastes
Hypochlorites           Other flammable and
                        combustible wastes
Nitrates
Nitric acid, fuming
Perchlorates
Permanganates
Peroxides
Other strong oxidizers
--------------------------------------------------
 
Potential consequences: Fire, explosion, or violent reaction.
Source: "Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health, February 1975.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 208, 25159 and 25159.5, Health and Safety Code; 40 CFR Part 264, Appendix V. 
  
 



Appendix IX. -Ground Water Monitoring List
                Appendix IX--Ground Water Monitoring List [FN1]
-------------------------------------------------------------------------------
                              Chemical abstracts   Suggested    PQL
Common name [FN2]   AS RN     service index name [FN4]    methods    (ug/-
                      [FN3]     [FN5]      L)
                [F-
                N6]
-------------------------------------------------------------------------------
Acenaphthene        83-32-9   Acenaphthylene, 1,2-
                              dihydro-     8100       200
     8270       10
Acenaphthylene      208-96-8  Acenaphthylene     8100       200
     8270       10
Acetone             67-64-1   2-Propanone     8240       100
Acetophenone        98-86-2   Ethanone, 1-phenyl-     8270       10
Acetonitrile;
Methyl cyanide      75-05-8   Acetonitrile     8015       100
2-Acetylamino-
fluorene; 2-AAF     53-96-3   Acetamide, N-9H-
                              fluoren-2-yl-     8270       10
Acrolein            107-02-8  2-Propenal     8030        5
     8240        5
Acrylonitrile       107-13-1  2-Propenetitrile     8030        5
     8240        5
Aldrin              309-00-2  1, 4:5, 8-Dimethanonap-
                              thalene, 1,2,3,4,10,
                              10-hexachloro-1,4,
                              4a,5,8,8a-hexahydro-
                              (1<<alpha>>,4<<alpha>>,
                              4a<<beta>>,
                              5, 8<<alpha>>,     8080      0.05
                              8<<alpha>><<beta>>)     8270       10
Allyl chloride      107-05-1  1-Propene, 3-chloro-     8010        5
     8010       100
4-Aminobiphenyl     92-67-1   [1,1'-Biphenyl]-4-
                              amine     8270       10
Aniline             62-53-3   Benzenamine     8270       10
Anthracene          120-12-7  Anthracene     8100       200
     8270       10
Antimony            (Total)   Antimony     6010       300
     7040      2,000
     7041       30
Aramite             140-57-8  Sulfurous acid, 2-
                              chloroethyl 2-[4-
                              (1,1-dimethylethyl)
                              phenoxy]-1-methyl-
                              ethyl ester     8270       10
Arsenic             (Total)   Arsenic     6010       550
     7060       10
     7061       20
Barium              (Total)   Barium     6010       20
     7080      1,000
Benzene             71-43-2   Benzene     8020        2
     8240        5
Benzo[a]
anthracene;
Benzanthracene      56-55-3   Benz[a]anthracene     8100       200
     8270       10
Benzo[b]
fluoranthene        205-99-2  Benz[e]acephenan-
                              thrylene     8100       200
     8270       10
Benzo[k]fluoran-
thene               207-08-9  Benzo[k]fluoranthene     8100       200
     8270       10
Benzo[ghi]
perylene            191-24-2  Benzo[ghi]perylene     8100       200
     8270       10
Benzo[a]pyrene      50-32-8   Benzo[a]pyrene     8100       200
     8270       10
Benzyl alcohol      100-51-6  Benzenemethanol     8270       20
Beryllium           (Total)   Beryllium     6010        3
     7090       50
     7091        2
alpha-BHC           319-84-6  Cyclohexane, 1,2,3,4,
                              5,6-hexachloro-,
                              (1<<alpha>>,2<<alpha>>,
                              3<<beta>>,4<<alpha>>,
                              5<<beta>>,6<<beta>>)-.     8080      0.05
     8250       10
beta-BHC            319-85-7  Cyclohexane, 1,2,3,4,
                              5,6,-hexachloro-,
                              (1<<alpha>>,2<<beta>>,
                              3<<alpha>>,4<<beta>>,
                              5<<alpha>>,6<<beta>>)-     8080      0.05
     8250       40
delta-BHC           319-86-8  Cyclohexane, 1,2,3,4,
                              5,6-hexachloro-,
                              (1<<alpha>>,2<<alpha>>,
                              3<<alpha>>,4<<beta>>,
                              5<<alpha>>,6<<beta>>)-     8080       0.1
     8250       10
gamma-BHC;
 Lindane            58-89-9   Cyclohexane, 1,2,3,4,
                              5,6,-hexachloro-,
                              (1<<alpha>>,2<<alpha>>,
                              3<<beta>>,b4<<alpha>>,
                              5<<alpha>>, 6<<beta>>)-     8080      0.05
     8250       10
Bis(2-chloro-
ethoxy)methane      111-91-1  Ethane, 1,1'-[methyl-
                              enebis(oxy)]bis
                              [2-chloro-     8270       10
Bis(2-chloro-
ethyl)ether         111-44-4  Ethane, 1,1'-oxybis
                              [2-chloro-     8270       10
Bis(2-chloro-1-
methylethyl)
ether; 2,2'-Di-
chlorodiiso-
propyl ether        108-60-1  Propane, 2,2'-oxybis
                              [1-chloro-     8010       100
     8270       10
Bis(2-ethylhexyl)
phthalate           117-81-7  1,2-Ben   enedicar-
                              boxylic acid, bis
                              (2-ethylhexyl)ester     8060       20
     8270       10
Bromodichlorome-
thane               75-27-4   Methane, bromodi-
                              chloro-     8010        1
     8240        5
Bromoform;
Tribromo-
methane             75-25-2   Methane, tribromo-     8010        2
     8240        5
4-Bromophenyl
phenyl ether        101-55-3  Benzene, 1-bromo-4-
                              phenoxy-     8270       10
Butyl benzyl
phthalate;
Benzyl butyl
phthalate           85-68-7   1,2-Benzenedi-
                              carboxylic acid,
                              butyl phenylmethyl
                              ester     8060        5
     8270       10
Cadmium             (Total)   Cadmium     6010       40
     7130       50
     7131        1
Carbon disulfide    75-15-0   Carbon disulfide     8240        5
Carbon tetra-
chloride            56-23-5   Methane, tetrachloro-     8010        1
     8240        5
Chlordane           57-74-9   4,7-Methano-1H                 5
                              indene, 1, 2, 4, 5,
                              6, 7, 8, 8-oc-
                              tachloro-2,3,3a,4,7,
                              7a-hexahydro-     8080       0.1
     8250       10
p-Chloroaniline     106-47-8  Benzenamine,
                              4-chloro-     8270       20
Chlorobenzene       108-90-7  Benzene, chloro-     8010        2
     8010        2
     8040        5
Chlorobenzilate     510-15-6  Benzeneneacetic acid,
                              4-chloro-<<alpha>>-
                              (4-chlorophenyl)-<<alpha>>-
                              hydroxy,ethyl ester     8270       10
p-Chloro-m-
cresol              59-50-7   Phenol, 4-chloro-3-
                              methyl-     8040        5
     8270       20
Chloroethane;
Ethyl chloride      75-00-3   Ethane, chloro-     8010        5
     8240       10
Chloroform          67-66-3   Methane, trichloro-     8010      0.05
     8240        5
2-Chloronaph-
thalene             91-58-7   Naphthalene, 2-
                              chloro-     8120       10
     8270       10
2-Chlorophenol      95-57-8   Phenol,2-chloro-     8040        5
     8270       10
4-Chlorophenyl
phenyl ether        7005-72-  Benzene,
                      -3
                              1-chloro-4-
                              phenoxy-     8270       10
Chloroprene         126-99-8  1,3-Butadiene,2-
                              chloro-     8010       50
     8240        5
Chromium            (Total)   Chromium     6010       70
     7190       500
     7191       10
Chrysene            218-01-9  Chrysene     8100       200
     8270       10
Cobolt              (Total)   Cabolt     6010       70
     7200       500
     7201       10
Copper              (Total)   Copper     6010       60
     7210       200
m-Cresol            108-39-4  Phenol,3-methyl-     8270       10
o-Cresol            95-48-7   Phenol, 2-methyl-     8270       10
p-Cresol            106-44-5  Phenol,4-methyl-     8270       10
Cyanide             57-12-5   Cyanide     9010       40
2,4-D;2,4-Di-
chlorophenoxy-
acetic acid         94-75-7   Acetic acid, (2,4-di-
                              chlorophenoxy)-     8150       10
acetic acid         94-75-7   Acetic acid, (2,4-di-
                              chlorophenoxy)-     8150       10
4,4'-DDD            72-54-8   Benzene 1,1'-(2,3-di
                              chloroethylidene)
                              bis[4-chloro-     8080       0.1
     8270       10
4,4'-DDE            72-55-9   Benzene 1,1'-(di-
                              chloroethylidene)
                              bis[4-chloro-     8080       0.1
     8270       10
4,4'-DDT            50-293    Benzene 1,1'-(2,2,2-
                              trichloroethylidene)
                              bis[4-chloro-     8080       0.1
     8270       10
Diallate            2303-16-  Carbamothioic
                      -4
                              acid, bis
                              (1-methylethyl)-
                              s- (2,3-dichloro-
                              2-propenyl) ester.     8270       10
Dibenz[a,h]
anthracene          53-70-3   Dibenz[a,h]anthracene     8100       200
     8270       10
Dibenzofuran        132-64-9  Dibenzofuran     8270       10
Dibromochloro-
methane;
Chlorodibromo-
methane             124-48-1  Methane, dibromo-
                              chloro-     8010        1
     8240        5
1,2-Dibromo-3-
chloropropane;
DBCP                96-12-8   Propane, 1, 2-dibromo-
                              3-chloro-     8010       100
     8240        5
     8270       10
1,2-Dibromoethane;
Ethylene
dibromide           106-93-4  Ethane, 1,2-dibromo-     8010       10
     8240        5
Di-n-butyl
phtyalate           84-74-2   1,2-Benzenedicar-
                              boxylic acid, dibutyl
                              ester     8060        5
     8270       10
o-Dichlorobenzene.  95-50-1   Benzene, 1,2-dichloro     8010        2
     8020        5
     8120       10
     8270       10
m-Dichlorobenzene.  541-73-1  Benzene, 1,3-dichloro     8010        5
     8020        5
     8120       10
     8270       10
p-Dichlorobenzene.  106-46-7  Benzene,
                              1,4-dichloro-     8010        2
     8020        5
     8120       15
     8270       10
3,3'-Dichloro-
benzidine           91-94-1   [1,1'-Biphenyl]-4,4'-
                              diamine, 3,3'-
                              dichloro-     8270       20
trans-1,4-
Dichloro-2-
butene              110-57-6  2-Butene, 1,4-
                              dichloro-, (E)-     8240        5
Dichlorodifluoro-
methane             75-71-8   Methane, dichlorodi-
                              fluoro-     8010       10
     8240        5
1,1-Dichloro-
ethane              75-34-3   Ethane, 1,1-dichloro-     8010        1
     8240        5
1,2-Dichloro-
ethane;
Ethylene
dichloride          107-06-2  Ethane, 1,2-dichloro-     8010      0.05
     8240        5
1,1-Dichloro-
ethylene
 Vinylidene
chloride            75-35-4   Ethene, 1,1-dichloro-     8010      0.05
     8240        5
trans-1,2-
Dichloro-
ethylene            156-60-5  Ethane,, 1,2-
                              dichloro-,(E)-     8010        1
     8240        5
2,4-Dichloro-
phenol              1220-83-  Phenol, 2,4-dichloro-     8040        5
                      -2
     8270       10
2,6-Dichlorophenol  87-65-0   Phenol, 2,6-dichloro-     8270       10
1,2-Dichloro
propane             78-87-5   Propane, 1,2-
                              dichloro-     8010       0.5
     8240        5
cis-1,3-Dichloro-
propene             10061-0-  1-Propene, 1,3-
                      1-5
                              dichloro-, (z)-     8010       20
     8240        5
trans-1,3-
Dichloropropene.    1061-02-  1-Propene, 1,3-
                      -6
                              dichloro-, (E)-     8010        5
     8240        5
Dieldrin            60-57-1   2,7:3,6-Dimenthanon-
                              aphth[2,3-b]oxirene,
                              3,4,5,6,9,9,-hexa-
                              chloro-1a,2,2a,3,6,
                              6a,7,7a-octahydro-,
                              (1a<<alpha>>,2<<beta>>,
                              2a<<alpha>>,3<<beta>>,
                              6<<beta>>,6a<<alpha>>,
                              7<<beta>>,7a<<alpha>>)-     8080      0.05
     8270       10
Diethyl phthalate.  84-66-2   1,2-Benzenedicarboxy-
                              lic acid, diethyl
                              ester     8060        5
     8270       10
o,o-Diethyl 0-2
pyrazinyl phos-
phorothioate;
Thionazine          297-97-2  Phosphorothioic acid,
                              o,o-diethyl o-pyra-
                              zinyl ester     8270       10
Dimethoate          60-51-5   Phosphorodithioic
                              acid, o,o-dimethyl
                              s-[2-(methylamino)-
                              2-oxoethyl] ester     8270       10
p-(Dimethylamino)
azobenzene          60-11-7   Benzenamine,
                              N,N-dime-thyl-4-
                              (phenylazo)-     8270       10
7,12-Dimethylben
[a]anthracene       57-97-6   Benz[a]anthracene, 7,
                              12-dimethyl-     8270       10
3,3'-Dimethylben-
Zidine              119-93-7  [1,1'-Biphenyl]4,4'-
                              diamine, 3,3'-
                              dimethyl-     8270       10
alpha,alpha-Di-
methylphenethyl-
amine               122-09-8  Benzeneethanamine,
                              <<alpha>>,<<alpha>>-dimethyl-     8270       10
2,4-Dimethyl-
phenol              105-67-9  Phenol, 2,4-dimethyl-     8040        5
     8270       10
Dimethyl
phthalate           131-11-3  1,2-Benzenedicarboxy-
                              lic acid, dimethyl
                              ester     8060        5
     8270       10
m-Dinitrobenzene    99-65-0   Benzene, 1,3-dinitro-     8270       10
4,6-Dinitro-o-
cresol              534-52-1  Phenol, 2-methyl-4,6-
                              dinitro-     8040       150
     8270       50
2,4-Dinitrophenol.  51-28-5   Phenol, 2,4-dinitro-.     8040       150
     8270       50
2,4-Dinitroto-
 Luene              121-14-2  Benzene, 1-methyl-2,
                              4-dinitro-     8090       0.2
     8270       10
2,6-Dinitroto-
 Luene              606-20-2  Benzene, 2-methly-1,
                              3-dinitro-     8090       0.1
     8270       10
Dinoseb; DNBP; 2-
sec-Butyl-4,6-
dinitrophenol       88-85-7   Phenol, 2-(1-methyl-
                              propyl)-4,6-dinitro-     8150        1
     8270       10
Di-n-octyl
phthalate           117-84-0  1,2-Benzenedicarboxy-
                              lic acid, dioctyl
                              ester     8060       30
     8270       10
1,4-Dioxane         123-91-1  1,4-Dioxane     8015       150
Diphenylamine       122-39-4  Benzenamine, N-phenyl     8270       10
Disulfoton          298-04-4  Phosphorodithioic
                              acid, o,o-diethyl s-
                              [2-(ethylthio)- S-[2-
                              ethyl]ester     8140        2
     8270       10
Endosulfan I        959-98-8  6,9-Methano-2,4,3-
                              benzodioxathiepin,
                              6,7,8,9,1o,1o-hexa-
                              chloro-1,5,5a,6,9,9a
                              hexahydro-,3-oxide,
                              (3<<alpha>>,5a<<beta>>,
                              6<<alpha>>,9<<alpha>>,
                              9a<<beta>>)-.     8080       0.1
     8250       10
Endosulfan II       33213-6-  6,9-Methano-2,4,3-
                      5-9
                              benzodioxathiepin,
                              7,8,9,1o,1o-hexa-
                              chloro- 1,5,5a,6,
                              9, 9a-hexahydro-,
                              3- oxide, (3<<alpha>>,
                              5a<<alpha>>,6<<beta>>,
                              9<<beta>>,9a<<alpha>>)-     8080      0.05
Endosulfan sulfate  1031-07-  6,9-Methano-2,4,3-
                      -8
                              benzodioxathiepin,
                              6,7,8,9,1o,1o-hexa
                              -chloro- 1,5,5a,6,
                              9,9a -hexahydro-,
                              3,3- dioxide     8080       0.5
     8270       10
Endrin              72-20-8   2,7:3,6-Dimethanon-
                              aphth[2,3-b]oxirene,
                              3,4,5,6,9,9-hexa-
                              chloro-1a,2,2a,3,6,
                              6a,7,7a-octahydro-,
                              (1a<<alpha>>,2<<beta>>,
                              2a<<beta>>,3<<alpha>>,
                              6<<alpha>>,6a<<beta>>
                              ,7<<beta>>,7a<<alpha>>)-     8080       0.1
     8250       10
Endrin aldehyde     7421-93-  1,2,4-Methenocyclo-
                      -4
                              penta[cd]pentalene-
                              5-carboxaldehyde,2,
                              2a,3,3,4,7-hexa-
                              chlorodecahydro-,
                              (1<<alpha>>,2<<beta>>,
                              2a<<beta>>,4<<beta>>,
                              4a<<beta>>,5<<beta>>,
                              6a<<beta>>,6b<<beta>>,7R*)-     8080       0.2
     8270       70
Ethylbenzene        100-41-4  Benzene, ethyl-     8020        2
     8240        5
Ethyl
methacrylate        97-63-2   2-Propenoic acid, 2-
                              methyl-, ethyl ester.     8015       10
     8240        5
     8270       10
Ethyl methane-
sulfonate           62-50-0   Methanesulfonic acid,
                              ethyl ester     8270       10
Famphur             52-85-7   Phosphorothioic acid,
                              0-[4-[ (dimethyl-
                              amino)sulfonyl]
                              phenyl ]-o,o-dimethyl
                              ester     8270       10
Fluoranthene        206-44-0  Fluoranthene     8100       200
     8270       10
Fluorene            86-73-7   9H- Fluorene     8100       200
     8270       10
Heptachlor          76-44-8   4,7-Methano-1H-
                              indene, 1,4,5,6,7,8,
                              8-heptachloro-3a,4,7,
                              7a-tetrahydro-     8080      0.05
     8270       10
Heptachlor epoxide  1024-57-  2,5-Methano-2H-
                      -3
                              indeno
                              [1,2-b]oxirene,
                              2,3,4,5,6,7,
                              7-heptachloro-
                              1a,1b,5,5a,6,
                              6a,-hexahydro-,
                              (1a<<alpha>>,1b<<beta>>,
                              2<<alpha>>,5<<alpha>>,
                              5a<<beta>>,6<<beta>>,
                              6a<<alpha>>)     8080        1
                              8270       1
Hexachlorobenzene.  118-74-1  Benzene, hexachloro-.     8120       0.5
     8270       10
Hexachlorobu-
tadiene             87-68-3   1,3-Butadiene, 1,1,2,
                              3,4,4-hexachloro-     8120        5
     8270       10
Hexachlorocyclo-    77-47-4   1,3-Cyclopentadiene,
pentadiene                    1,2,3,4,5,5-hexa-
                              chloro-     8120        5
     8270       10
Hexachloroethane    67-72-1   Ethane, hexachloro-     8120       0.5
     8270       10
Hexachlorophene     70-30-4   Phenol, 2,2'-methyl-
                              enebis[3,4,6-tri-
                              chloro-     8270       10
Hexachloropropene.  1888-71-  1-Propene, 1,1,2,
                      -7
                              3,3,3-hexachloro-.     8270       10
2-Hexanone          591-78-6  2- Hexanone     8240       50
Indeno (1,2,3-cd)
pyrene              193-39-5  Indeno[1,2,3-cd]
                              pyrene     8100       200
     8270       10
Isobutyl alcohol    78-83-1   1-Propanol, 2-methyl-     8015       50
Isodrin             465-73-6  1,4,5,8-Dimethanonaph
                              -thalene, 1,2,3,4,
                              1o,1o-hexachloro-1,
                              4,4a,5,8,8a
                              hexahydro-
                              (1<<alpha>>,4<<alpha>>,
                              4a<<beta>>,5<<beta>>,
                              8<<beta>>,8a<<beta>>)-     8270       10
Isophorone          78-59-1   2-Cyclohexen-1-one,
                              3,5,5,-trimethyl-     8090       60
     8270       10
Isosafrole          120-58-1  1,3-Benzodioxole, 5-
                              (1-propenyl)-     8270       10
Kepone              143-50-0  1,3,4-Metheno-2H-
                              cyclobuta- [cd]penta-
                              len-2-one,1,1a,3,3a,
                              4,5,5,5a,5b,6-
                              decachlorooctahydro-.     8270       10
 Lead               (Total)   Lead     6010       40
     7420      1,000
     7421       10
Mercury             (Total)   Mercury     7470        2
Methacryloni-
trile               126-98-7  2-Propenenitrile,2-
                              methyl-     8015        5
     8240        5
Methapyrilene       91-80-5   1,2,Ethanediamine,
                              N,N -dimethyl-N'-2-
                              pyri- dinyl-N'-
                              (2-thienyl methyl)-     8270       10
Methoxychlor        72-43-5   Benzene, 1,1'-(2,2,2,
                              trichloroethylidene)
                              bis[4-methoxy-     8080        2
     8270       10
Methyl bromide;
Bromomethane        74-83-9   Methane, bromo-     8010        2
     8240       10
Methyl chloride;
Chloromethane       74-87-3   Methane, chloro-     8010        1
     8240       10
3-Methylcholan-
threne              56-49-5   Benz[j]aceanthrylene,
                              1,2-dihydro-3-methyl.     8270       10
Methylene bromide;
Dibromomethane      7-95-3    Methane, dibromo     8010       15
     8240        5
Methylene
chloride;
Dichloromethane     75-09-2   Methane, dichloro-     8010        5
     8240        5
Methyl ethyl
ketone; MEK         78-93-3   2-Butanone     8015       10
     8240       100
Methyl iodide;
Iodomethane         74-88-4   Methane, iodo-     8010       40
     8240        5
Methyl
methacrylate        80-62-6   2-Propenoic acid, 2-
                              methyl-, methyl ester     8015        2
     8240        5
Methyl methane-
sulfonate           66-27-3   Methanesulfonic acid,
                              methyl ester     8270       10
2-Methylnaph-
thalene             91-57-6   Naphthalene, 2-
                              methyl-     8270       10
Methyl parathion;
Parathion methyl    298-00-0  Phosphorothioic acid,
                              o,o-dimethyl o-(4-
                              nitrophenyl) ester     8140       0.5
     8270       10
4-Methyl-2-pen-
tanone; Methyl
isobutyl ketone.    108-10-1  2-Pentanone,
                              4-methyl-     8015        5
     8240       50
Naphthalene         91-20-3   Naphthalene     8100       200
     8270       10
1,4-Naphtho-
quinone             130-15-4  1,4-Naphthalenedione.     8270       10
1-Naphthylamine     34-32-7   1-Naphthalenamine     8270       10
2-Naphthylamine     91-59-8   2-Naphthalenamine     8270       10
Nickel              (Total)   Nickel     6010       50
     7520       400
o-Nitroaniline      88-74-4   Benzenamine, 2-nitro-     8270       50
m-Nitroaniline      99-09-2   Benzenamine, 3-nitro-     8270       50
p-Nitroaniline      100-01-6  Benzenamine, 4-nitro-     8270       50
Nitrobenzene        98-95-3   Benzene, nitro-     8090       40
     8270       10
o-Nitrophenol       88-75-5   Phenol, 2-nitro-     8040        5
     8270       10
p-Nitrophenol       100-02-7  Phenol, 4-nitro     8040       10
     8270       50
4-Nitroquino-
 Line 1-oxide       56-57-5   Quinoline, 4-nitro-,
                              1-oxide     8270       10
N-Nitrosodi-n-
butylamine          924-16-3  1-Butanamine, N-
N-Nitrosodiethyl-
amine               55-18-5   Ethanamine, N-ethyl-
                              N-nitroso-     8270       10
N-Nitrosodi-        62-75-9   Methanamine,
methylamine                   N-methyl-N-nitroso-     8270       10
N-Nitrosodipheny-   86-30-6   Benzenamine,
 Lamine                       N-nitroso-N-phenyl-     8270       10
N-Nitrosodiprop-
ylamine; Di-n-
propylnitrosa-
mine                621-64-7  1-Propanamine, N-ni-
                              troso-N-propyl-     8270       10
N-Nitrosomethyl-
ethylamine          10595-9-  Ethanamine,
                      5-6
                              N-methyl-
                              N-nitroso-     8270       10
N-Nitrosomorpho-    59-89-2   Morpholine,
 Line                         4-nitroso-     8270       10
N-Nitrosopiperi-
dine                100-75-4  Piperidine,
                              1-nitroso-     8270       10
N-Nitrosophyr-
rolidine            930-55-2  Pyrrolidine, 1-nitro-
                              so-     8270       10
5-Nitro-o-          99-55-8   Benzenamine,
toluidine                     2-methyl-5-nitro-     8270       10
Parathion           56-38-2   Phosphorothioic acid,
                              o,o-diethyl-o-(4-
                              nitrophenyl) ester     8270       10
Polychlorinated
biphenyls; PCBs.    See Note  1,1'-Biphenyl,
                      7
                              chloro derivatives     8080       50
     8250       100
Polychlorinated
dibenzo-p-
dioxins; PCDDs      See Note  Dibenzo[b,e][1,4]
                      8
                              dioxin, chloro
                              derivatives     8280      0.01
Polychlorinated
dibenzofurans;
PCDFs               See Note  Dibenzofuran,
                      9
                              chloro derivatives     8280      0.01
Pentachloro-
benzene             608-93-5  Benzene, pentachloro-     8270       10
Pentachloro-
ethane.             76-01-7   Ethane, pentachloro     8240        5
     8270       10
Pentachloronitro-
benzene             82-68-8   Benzene,pentachloro-
                              nitro-     8270       10
Pentachlorophenol.  87-86-5   Phenol, pentachloro-.     8040        5
     8270       50
Phenacetin          62-44-2   Acetamide, N-(4_
                              ethoxyphenyl)     8270       10
Phenanthrene        85-01-8   Phenanthrene     8100       200
     8270       10
Phenol              108-95-2  Phenol     8040        1
     8270       10
p-Phenylenedi-
amine               106-50-3  1,4 Benzenediamine     8270       10
Phorate             298-02-2  Phosphorodithioic
                              acid, o,o-diethyl S-
                              [(ethylthio)methyl]
                              ester     8140        2
     8270       10
2-Picoline          109-06-8  Pyridine, 2-methyl-     8240        5
     8270       10
Pronamide           23950-5-  Benzamide,, 3,5-di-
                      8-5
                              chloro-N-(1,1-di-
                              methyl-2-propynyl)     8270       10
Propionitrile;
Ethyl cyanide       107-12-0  Propanenitrile     8015       60
     8240        5
Pyrene              129-00-0  Pyrene     8100       200
     8270       10
Pyridine            110-86-1  Pyridine     8240        5
     8270       10
Safrole             94-59-7   1,3-Benzodioxole, 5-
                              (2-propenyl)-     8270       10
Selenium            (Total)   Selenium     6010       750
                              7740      20
                              7740      20
                              7741      20
Silver              (Total)   Silver     6010       70
     7760       100
Silvex; 2,4,5-TP    93-72-1   Propanoic acid, 2-
                              (2,4,5-trichloro-
                              phenoxy)-     8150        2
Styrene             100-42-5  Benzene, ethenyl-     8020        1
     8240        5
Sulfide             18496-2-  Sulfide     9030      10,0-
                      5-8                00
2,4,5-T; 2,4,5-
Trichlorophen-
oxyacetic acid      93-76-5   Acetic acid, (2,4,5-
                              trichlorophenoxy)-     8150        2
2,3,7,8-TCDD;
2,3,7,8-Tetra-
chlorodibenzo-
p-dioxin            1746-01-  Dibenzo[b,e][1,4]
                      -6
                              dioxin, 2,3,7,8-
                              tetrachloro-     8280      0.005
1,2,4,5-Tetra-
chlorobenzene       95-94-3   Benzene, 1,2,4,
                              5-tetra-chloro-     8270       10
1,1,1,2-Tetra-
chloroethane        630-20-6  Ethane, 1,1,1,2-
                              tetrachloro-     8010        5
     8240        5
1,1,2,2-Tetra-
chloroethane        79-34-5   Ethane, 1,1,2,
                              2-tetra-chloro-     8010       0.5
     8240        5
Tetrachloroethy-
 Lene; Perchloro-
ethylene; Tetra-
chloroethene        127-18-4  Ethene, tetrachloro-     8010       0.5
     8240        5
2,3,4,6-Tetra-
chlorophenol        58-90-2   Phenol, 2,3,4,6-
                              tetrachloro-     8270       10
Tetraethyl di-
thiopyrophos-
phate; Sulfo-
tepp                3689-24-  Thiodiphosphoric
                      -5
                              acid ([(HO)<<super>>2/P(S)
                              ]<<super>>2/0), tetraethyl
                              ester     8270       10
Thallium            (Total)   Thallium     6010       400
     7840      1,000
     7841       10
Tin                 (Total)   Tin     7870      8,000
Toluene             108-88-3  Benzene, methyl-     8020        2
     8240        5
o-Toluidine         95-53-4   Benzenamine,
                              2-methyl-     8270       10
Toxaphene           8001-35-  Toxaphene     8080        2
                      -2
1,2,5-Trichloro-    120-82-1  Benzene, 1,2,4-tri-
benzene                       chloro-     8270       10
1,1,1-Trichloro-
ethane; Methyl-
chloroform          71-55-6   Ethane, 1,1,1,-tri-
                              chloro-     8240        5
1,1,2-Trichloro-
ethane              79-00-5   Ethane, 1,1,2-tri-
                              chloro-     8010       0.2
     8240        5
Trichloroethyl-
ene; Trichloro-
ethene              79-01-6   Ethene, trichloro-     8010        1
     8250        5
Trichlorofluoro-
methane             75-69-4   Methane, trichloro-
                              fluoro-     8010       10
     8240        5
2,4,5-Trichloro-
phenol              95-95-4   Phenol, 2,4,5-tri-
                              chloro-     8270       10
2,4,6-Trichloro-
phenol              88-06-2   Phenol, 2,4,6-tri-
                              chloro-     8040        5
     8270       10
1,2,3-Trichloro-
propane             96-18-4   Propane, 1,2,3-tri-
                              chloro     8010       10
     8240        5
o,o,o-Triethyl
phosphorothio-
ate                 126-68-1  Phosphorothoic acid,
                              o,o,o-triethyl ester.     8270       10
sym-Trinitro-       99-35-4   Benzene, 1,3,5-tri-
benzene                       nitro-     8270       10
 Vandium            (Total)   Vandium     6010       80
     7910      2,000
     7911       40
 Vinyl acetate      108-05-4  Acetic acid, ethenyl
                              ester     8240        5
 Vinyl chloride     75-01-4   Ethene, chloro-     8010        2
     8240       10
Xylene (Total)      1330-20-  Benzene, dimethyl-     8020        5
                      -7
     8240        5
Zinc                (Total)   Zinc     6010       20
     7950       50
 

























[FNa1] The regulatory requirements pertain only to the list of substances; the right hand columns (Methods and PQL) are given for informational purposes only.  See also footnotes 5 and 6. 
[FNa2] Common names are those widely used in government regulations, scientific publications, and commerce; synonyms exist for many chemicals. 
[FNa3] Chemical Abstracts Service registry number. Where "Total" is entered, all species in the ground water that contain this element are included. 
[FNa4] CAS index names are those used in the 9th Cumulative Index 
[FNa] 5 Suggested Methods refer to analytical procedure numbers used in EPA Report SW-846 "Test Methods for Evaluating Solid Waste", third edition and updates, as incorporated by reference in section 66260.11. Analytical details can be found in SW-846 and in documentation on file at the agency. The packed column gas chromatography methods 8010, 8020, 8030, 8040, 8060, 8080, 8090, 8110, 8120, 8140, 8150, 8240, and 8250 were promulgated methods through Update IIB of SW-846 and, as of Update III, the Agency has replaced these methods with "capillary column GC methods", as the suggested methods. 
[FNa] 6 Practical Quantitation Limits (PQLs) are the lowest concentrations of analytes in ground waters that can be reliably determined within specified limits of precision and accuracy by the indicated methods under routine laboratory operating conditions. The PQLs listed are generally stated to one significant figure. CAUTION: The PQL values in many cases are based only on a general estimate for the method and not on a determination for individual compounds; PQLs are not a part of the regulation. 
[FNa] 7 Polychlorinated biphenyls (CAS RN 1336-36-3); this category contains congener chemicals, including constituents of Aroclor-1016 (CAS RN 12674-11-2); Aroclor-1221 (CAS RN 11104-28-2), Aroclor-1232 (CAS RN 11141-16-5), Aroclor-1242 (CAS RN 53469-21-9), Aroclor-1248 (CAS RN 12672-29-6), Aroclor-1254 (CAS RN 11097-69-1), and Aroclor-1260 (CAS RN 11096-82-5). The PQL shown is an average value for PCB congeners. 
[FNa] 8 This category contains congener chemicals, including ng tetrachlorodibenzo-p-dioxins (see also 2,3,7,8-TCDD), pentachlorodibenzo-p-dioxins, and hexachlorodibenzo-p-dioxins. The PQL shown is an average value for PCDD congeners. 
[FNa] 9 This category contains congener chemicals, including tetrachlorodibenzofurans, pentachlorodibenzofurans, and hexachlorodi-benzonfurans. The PQL shown is an average value for PCDF congeners.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Part 264, Appendix IX. 
  
 



s 66264.1030. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66264.1).
(b) Except for section 66264.1034, subsections (d) and (e), this article applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage RCRA hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in one of the following:
(1) a unit that is subject to the permitting requirements of chapter 20, or
(2) a unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of section 66262.34(a) (i.e., a hazardous waste recycling unit that is not a 90-day tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of chapter 20, or
(3) A unit that is exempt from permitting under the provisions of section 66262.34(a) (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of section 66261.6.
(c) If the owner and operator of a facility subject to this article received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this article shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d). Until such date when the owner and operator receives a final permit incorporating the requirements of this article, the owner and operator is subject to the requirements of article 27.
(d) The requirements of this article do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this article are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. The documentation of compliance under regulations at 40 CFR part 60, part 61, or part 63 shall be kept with, or made readily available with, the facility operating record.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.1030. 
  
 



s 66264.1032. Standards: Process Vents.
 (a) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations managing hazardous wastes organic concentrations of at least 10 ppmw shall either:
(1) reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr); or
(2) reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.
(b) If the owner or operator installs a closed-vent system and control device to comply with the provisions of subsection (a) of this section the closed-vent system and control device shall meet the requirements of Section 66264.1033.
(c) Determinations of vent emissions and emission reduction or total organic compound concentrations achieved by add-on control devices shall be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests shall conform with the requirements of Section 66264.1034(c).
(d) When an owner or operator and the Department do not agree on determinations of vent emissions and/or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the procedures in Section 66264.1034(c) shall be used to resolve the disagreement.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1032. 
  
 



s 66264.1033. Standards: Closed-vent Systems and Control Devices.
 (a)(1) Owners or operators of closed-vent systems and  control devices used to comply with provisions of this chapter shall comply with the provisions of this section.
(2) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this article on the effective date that the facility becomes subject to the provisions of this article shall prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls shall be installed as soon as possible, but the implementation schedule may allow up to 18 months of installation and start-up time after the effective date that the facility becomes subject to this article. All units that begin operation after the dates indicated below shall comply with the rules immediately (i.e., shall have control devices installed and operating on start-up of the affected unit):
(A) December 21, 1990 for units that transfer, treat, store, or dispose of RCRA hazardous wastes, unless the owner/operator of the unit is exempt from regulation under 40 CFR, Section 264.1;
(B) Six months after the effective date of these regulations for units that transfer, treat, store, or dispose of RCRA hazardous wastes, if the owner/operator of the unit is exempt from regulation under 40 CFR, Section 264.1 but not exempt from regulation under Section 66264.1.
(b) A control device involving vapor recovery (e.g., a condenser or absorber) shall be  designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of Section 66264.1032(a)(1) for all affected process vents can be attained at an efficiency less than 95 weight percent.
(c) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reducethe organic emissions vented by it by 95 weight percent or greater;to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 degrees C. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater.
(d)(1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in subsection (e)(1) of this section, except for periods not to exceed a total of five minutes during any two consecutive hours.
(2) A flare shall be operated with a flame present at all times, as determined by the methods specified in subsection (f)(2)(C) of this section.
(3) A flare shall be used only if the net heating value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted shall be determined by the methods specified in subsection (e)(2) of this section.
(4)(A) A steam-assisted or non-assisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, less than 18.3 m/s (60 ft/s), except as provided in subsections (B) and (C) of this section.
(B) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the method specified in subsection (e)(3) of this section, equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
(C) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, less than the velocity, V max  as determined by the method specified in subsection (e)(4) of this section and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, V max, as determined by the method specifiec in subsection (e)(5) of this section.
(6) A flare used to comply with this section shall be steam-assisted, air-assisted, or non-assisted.
(e)(1) Reference Method 22 in 40 CFR, Part 60, incorporated by reference in Section 66260.11 of this chapter, shall be used to determine the compliance of a flare with the visible emission provisions of this article. The observation period is two hours and shall be used according to Method 22.
(2) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
            n
Ht =K[ S Ci  Hi   ]
          i=1
where:
Ht  = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of off gas is based on combustion at 25 degress C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 degress C;
K = Constant, 1.74 x 10 -7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 degrees C;
Ci  = Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR, Part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in Section 66260.11); and
Hi  = Net heat combustion of sample component i, kcal/g mol at 25 degrees C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in Section 66260.11) if published values are not available or cannot be calculated.
(3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR, Part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V max, for a flare complying with subsection (d)(4)(C) of this section shall be determined by the following equation:
 Log10 (Vmax ) = (HT  +28.8)/31.7
where:
28.8 = Constant,
31.7 = Constant,
HT  = The net heating value as determined in subsection (e)(2) of this section.
(5) The maximum allowed velocity in m/s, V MAX, for an air-assisted flare shall be determined by the following equation:
 Vmax = 8.706 + 0.7084 (HT)
where:
8.076 = Constant,
0.7084 = Constant,
HT  = The net heating value as determined in subsection (e)(2) of this section.
(f) The owner or operator shall monitor and inspect each control device required to comply with this section to ensure proper operation and maintenance of the control device by implementing the following requirements:
(1) install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet but before the point at which the vent streams are combined; and
(2) install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:
(A) for a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone;
(B) for a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet;
(C) for a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame;
(D) for a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone;
(E)  for a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used; and
(F) for a condenser, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent system from the condenser; or
2. a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. One temperature sensor shall be installed at a location in the exhaust vent stream from the condenser, and a second temperature sensor shall be installed at a location in the  coolant fluid exiting the condenser; and
(G) for a carbon adsorption system that regenerates the carbon bed directly in the control device such as a fixed-bed carbon adsorber, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent system from the carbon bed; or
2. a monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle; and
(3) inspect the readings from each monitoring device required by subsection  (f)(1) and (2) of this section at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this section.
(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device shall replace the existing carbon in the control device with fresh carbon at a regular, pre-determined time interval that is no longer than the carbon service life established as a requirement of Section 66264.1035(b)(4)(C)6.
(h) An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one of the following procedures:
(1) monitor the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule, and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity established as a requirement of Section 66264.1035(b)(4)(C)7, whichever is longer; or
(2) replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of Section 66264.1035(b)(4)(C)7.
(i) An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device's design specifications.
(j) An owner or operator of an affected facility seeking to comply with the provisions of this chapter by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is required to develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.
(k)(1) Closed-vent systems shall be designed for and operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background and by visual inspections, as determined by the methods specified as Section 66264.1034(b).
(2) Closed-vent systems shall be monitored to determine compliance with this section during the initial leak detection monitoring, which shall be conducted by the date that the facility becomes subject to the provisions of this section, annually, and at other times as requested by the Department.
(3) Detectable emissions, as indicated by an instrument reading greater than 500 ppm and visual inspections, shall be controlled as soon as practicable, but not later than 15 calendar days after the emission is detected.
(4) A first attempt at repair shall be made as soon as possible, to minimize escape of hazardous constituent to environment, but no later than 24 hours after the emission is detected.
(l) Closed-vent systems and control devices used to comply with provisions of this article shall be operated at all times when emissions may be vented to them.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1033. 
  
 



s 66264.1034. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods, procedures and requirements provided in this section.
(b) When a closed-vent system is tested for detectable emissions, as required in Section 66264.1033(k), the test shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60;
(2) the detection instrument shall meet the performance criteria of Reference Method 21 in 40 CFR, part 60;
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21 in 40 CFR, part 60; and
(4) calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air); and
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane; and
(5)  the background level shall be determined as set forth in Reference Method 21 in 40 CFR, part 60;
(6) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in 40 CFR, part 60; and
(7) the arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance with Section 66264.1032(a) and with the total organic compound concentration limit of Section 66264.1033(c) shall comply with the following:
(1) performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(A) method 2 in 40 CFR, Part 60 for velocity and volumetric flow rate;
(B) method 18 in 40 CFR, Part 60 for organic content;
(C) each performance test shall consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis;
(D) total organic mass flow rates shall be determined by the following equation:
                 n
Eh  = Qsd  (<<SIGMA>> Ci  MWi  ) [0.0416] [10<<super>>-6 ]
                 i=1
where:
Eh  = Total organic mass flow rate, kg/h;
Qsd  = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dry standard m<<super>>3 /h;
n = Number of organic compounds in the vent gas;
C i  = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MW i  = Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0.0416= Conversion factor for molar volume, kg-mol/m<<super>>3 (at 293 K and 760 mm Hg);
10<<super>>-6 = Conversion from ppm, ppm<<super>>-1 .
(E) the annual total organic emission rate shall be determined by the following equation:
EA  = (Eh) (H)
where:
EA  = Total organic mass emission rate, kg/y;
Eh  = Total organic mass flow rate for the process vent, kg/h;
H = Total annual hours of operations for the affected unit, h.
(F) total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates (Eh  as determined in subsection (c)(1)(D) of this section) and by summing the annual total organic mass emission rates (EA, as determined in subsection (c)(1)(E) of this section) for all affected process vents at the facility.
(2) The owner or operator shall record such process information as may be necessary to determine the conditions of the performance tests. Operators during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test.
(3) The owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(A) sampling ports adequate for the test methods specified in subsection (c)(1) of this section;
(B) safe sampling plateform(s);
(C) safe access to sampling plateform(s); and
(D) utilities for sampling and testing equipment.
(4) For the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner's or operator's control, compliance may, upon the Department's written approval, be determined using the average of the results of the two other runs.
(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this article, the owner or operator shall make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:
(1) direct measurement of the organic concentration of the waste using the following procedures:
(A) the owner or operator shall take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration;
(B) for waste generated on-site, the grab samples shall be collected at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For  waste generated off-site, the grab samples shall be collected at the inlet to the first waste management unit that receives the waste provided the waste has been transferred to the facility in a closed system such as a truck and the waste is not diluted or mixed with other waste;
(C) each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060 or 8260 of SW-846 third edition and updates, as incorporated by reference under Section 66260.11;
(D) the arithmetic mean of the results of the analyses of the four samples shall apply for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. The time-weighted average shall be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit;
(2) Using knowledge of the waste to determine that its total organic concentration is less than 10 ppmw. Documentation of the waste determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw, or prior specification analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect  the waste total organic concentration.
(e) The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with time-weighted, annual average total organic concentrations less than 10 ppmw shall be made as follows:
(1) by the effective date that the facility becomes subject to the provisions of this article or by the date when the waste is first managed in a waste management unit, whichever is later; and
(A) for continuously generated waste, annually, or
(B) whenever there is a change in the waste being managed or a change in the process that generates or treats the waste.
(f) When an owner or operator and the Department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manage a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 third edition and updates, (as incorporated by reference in Section 66260.11 of this division), shall be used to resolve the dispute.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 264.1034. 
  
 



s 66264.1035. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record or include the following information in the facility operating record:
(1) for facilities that comply with the provisions of Section 66264.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule shall also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule shall be in the facility operating record by the effective date that the facility becomes subject to the provisions of this article;
(2) up-to-date documentation of compliance with the process vent standards in Section 66264.1032, including:
(A) information and data identifying all affected process vents, annual throughout and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan); and
(B) information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions shall be made using operating parameter values (e.g., temperatures, flow rates, or vent stream organic compounds and concentrations) that represent the conditions that result in maximum organic emissions, such as when the waste management unit is operating at the highest load or capacity level reasonably expected to occur. If the owner or operator takes any action (e.g., managing a waste of different composition or increasing operating hours of affected waste management units) that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is  required.
(3) Where an owner or operator chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan. The test plan shall include:
(A) a description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating range of key process and control device parameters during the test program;
(B) a detailed engineering description of the closed-vent system and control device including:
1. manufacturer's name and model number of control device;
2. type of control device;
3. dimensions of the control device;
4. capacity; and
5. construction materials; and
(C) a detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of compliance with Section 66264.1033, documentation shall include the following information:
(A) a list of all information references and sources used in preparing the documentation; and
(B) records, including the dates, of each compliance test required by Section 66264.1033(k);
(C) If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts acceptable to the Department that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with subsection (b)(4)(C)1 through (b)(4)(C)7 of this section shall be required to be submitted to the Department to comply with this requirement. The design analysis shall address the vent system characteristics and control device operation parameters as specified below.
1. For a thermal vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperature in the combustion zone and the combustion zone residence time.
2. For a catalytic vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet.
3. For a boiler or process heater, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone.
4. For a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in Section 66264.1033(d).
5. For a condenser, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design organic compound concentration level, design average temperature of the condenser exhaust vent system, and design average temperatures of the coolant fluid at the condenser inlet and outlet.
6. For a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, number, and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total steam flow over the period of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and cooling/drying cycles, design carbon bed temperature after  regeneration, design carbon bed regeneration time, and design service life of carbon.
7. For a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used  for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.
(D) A statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is  or would be operating at the highest load or capacity level reasonably expected to occur.
(E)  A statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of Section 66264.1032(a) is achieved at an efficiency less than 95 weight percent or the total organic emission limits of Section 66264.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement signed and dated by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement.
(F) If performance tests are used to demonstrate compliance, all test results.
(c) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of this chapter shall be recorded and kept up-to-date in the facility operating record. The information shall include:
(1) description and date of each modification that is made to the closed-vent system or control device design;
(2)  identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with Section 66264.1033(f)(1) and (f)(2);
(3) monitoring, operating, and inspection information required by subsections  (f) through (k) of Section 66264.1033;
(4) date, time, and duration of each period of control device operation, when any monitored parameter exceeds the value established in the control device design analysis as specified below:
(A) for a thermal vapor incinerator designed to operate with a minimum residence time of 0.50 second at a minimum temperature of 760 degrees C, period when the combustion temperature is below 760  degrees C;
(B) for a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 weight percent or greater, period when the combustion zone temperature is more than 28 degrees C below the design average combustion zone temperature established as a requirement of subsection (b)(4)(C)1 of this section;
(C) for a catalytic vapor incinerator, period when:
1.  temperature of the vent stream at the catalyst bed inlet is more than 28 degrees C below the average temperature of the inlet vent stream established as a requirement of subsection (b)(4)(C)2 of this section; or
2. temperature difference across the catalyst bed is less than 80 percent of the design average temperature difference established as a requirement of subsection (b)(4)(C)2 of this section; and
(D) for a boiler or process heater, period when:
1. flame zone temperature is more than 28 degrees C below the design average flame zone temperature established as a requirement of subsection (b)(4)(C)3 of this section; or
2. position changes where the vent stream is introduced to the combustion zone from the location established as a requirement of paragraph (b)(4)(C)3 of this section; and
(E) for a flare, period when the pilot flame is not ignited;
(F) for a condenser that complies with Section 66264.1033(f)(2)(F)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the condenser are more than 20 percent greater than the design outlet organic compound concentration level established as a requirement of paragraph (b)(4)(C)5 of this section;
(G) for a condenser that complies with Section 66264.1033(f)(2)(F)2, period when:
1. temperature of the exhaust vent system stream from the condenser is more than 6 degrees C above the design average exhaust vent system stream temperature established as a requirement of subsection (b)(4)(C)5 of this section; or
2. temperature of the coolant fluid exiting the condenser is more than 6 degrees C above the design average coolant fluid temperature at the condenser outlet established as a requirement of subsection (b)(4)(C)5 of this section; and
(H) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66264.1033(f)(2)(G)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent system from the carbon bed are more than 20 percent greater than the design exhaust vent stream organic compound concentration level established as a  requirement of subsection (b)(4)(C)6 of this section;
(I) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66264.1033(f)(2)(G)(2), period when the vent stream continues to flow through the control device beyond the pre-determined carbon bed regeneration time established as a requirement of subsection (b)(4)(C)6 of this section;
(5) explanation for each period recorded under subsection (c)(4) of this section the cause for control device operating parameter exceeding the design value and the measure implemented to correct the control device operation;
(6) for a carbon adsorption system operated subject to requirements specified in Section 66264.1033(g) or Section 66264.1033(h)(2), date when existing carbon in the control device is  replaced with fresh carbon;
(7) for a carbon adsorption system operated subject to requirements specified in Section 66264.1033(h)(1), a log that records:
(A) date and time when control device is monitored for carbon breakthrough and the monitoring device reading;
(B) date when existing carbon in the control device is replaced with fresh carbon; and
(8) date of each control device start-up and shutdown.
(9) an owner or operator designating any components of a closed-vent system as unsafe to monitor pursuant to Section 66264.1033(o) shall record in a log that is kept in the facility operating record the identification of closed-vent system components that are designated as unsafe to monitor in accordance with the requirements of Section 66264.1033(o), an explanation for each closed-vent system component stating why the closed-vent system component is unsafe to monitor, and the plan for monitoring each closed-vent system component.
(10) when each leak is detected as specified in Section 66264.1033(l), the following information shall be recorded:
(A) the instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number.
(B) the date the leak was detected and the date of first attempt to repair the leak.
(C) the date of successful repair of the leak.
(D) maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A after it is successfully repaired or determined to be nonrepairable.
(E) "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
1. the owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.
2. if delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.
(d) Records of the monitoring, operating, and inspection information required by subsections (c)(3) through (c)(10) of this section shall be maintained by the owner or operator for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record.
(e) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Department will specify the appropriate recordkeeping requirements.
(f) Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in Section 66264.1032, including supporting documentation as required by Section 66264.1034(d)(2), when application of the knowledge of the nature of the hazardous waste stream or the  process by which it was produced is used, shall be recorded in a log that is kept in the facility operating record.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 264.1035.25150, 
  
 



s 66264.1036. Reporting Requirements.
 (a) A semiannual report shall be submitted to the Department by owners and operators subject to the requirements of this article. The report shall be submitted by first week of February and August of each year. The report shall include the following information:
(1) the identification number, name, and address of the facility; and
(2) for each month during the semiannual reporting period:
(A) dates when any control device exceeded or operated outside of the design specifications, as defined in Section 66264.1035(c)(4) and as indicated by the control device monitoring required by Section 66264.1033(f) for more than 24 hours;
(B) dates when any flares operated with visible emissions as defined in Section 66264.1033(d) and as determined by Method 22 monitoring;
(C) the duration and cause of each exceedance or visible emissions; and
(D) any corrective measures taken.
(b) If, during the semiannual reporting period, the control device does not exceed or operate outside of the design specifications as defined in Section 66264.1035(c)(4) for more than 24 hours or a flare does not operate with visible emissions as defined in Section 66264.1033(d), a report to the Department is not required.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1036. 
  
 



s 66264.1050. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66264.1).
(b) Except as provided in Section 66264.1064(k), this article applies to equipment that contains or contacts RCRA hazardous wastes with organic concentrations of at least 10 percent by weight that are managed in:
(1) units that are subject to the permitting requirements of Chapter 20; or
(2) hazardous waste recycling units that are located on hazardous waste management facilities otherwise subject to the federal RCRA TSDF permitting requirements of Chapter 20.
(c) If the owner or operator of equipment subject to the requirements of Sections 66264.1052 through 66264.1065 has received a permit under Section 25200 of the H&SC, requirements of Sections 66264.1052 through 66264.1065 shall be incorporated when the permit is reissued under Section 66271.14 or reviewed under Section 66270.50.
(d) Each piece of equipment to which this article applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.
(e) Equipment that is in vacuum service is exempt from the requirements of Section 66264.1052 through Section 66264.1060 if it is identified as required in Section 66264.1064(g)(5).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1050. 
  
 



s 66264.1052. Standards: Pumps in Light Liquid Service.
 (a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66264.1063(b), except as provided in subsections (d), (e), and (f) of this section.
(2) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.
(b)(1) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than one day (24 hours) after each leak is detected.
(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of subsection (a) of this section, provided the following requirements are met:
(1) each dual mechanical seal system shall be:
(A) operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure;
(B) equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of Section 66264.1060; or
(C) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.
(2) The barrier fluid system shall not be a hazardous waste with organic concentrations 10 percent or greater by weight.
(3) Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.
(4) Each pump shall be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.
(5)(A) Each sensor as described in subsections (d)(3) of this section shall be checked daily or be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly.
(B) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(6)(A) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in subsection (d)(5)(B) of this section, a leak is detected.
(B) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(C) A first attempt at repair (e.g., relapping the seal) shall be as soon as possible, to minimize escape of hazardous constituents to the environment, but not later than 24 hours after each leak is detected.
(e) Any pump that is designated, as described  in Section 66264.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a), (c), and (d) of this section if the pump meets the following requirements:
(1) the pump shall have no externally actuated shaft that shall penetrate the pump housing;
(2) the pump shall operate with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background as measured by the methods specified in Section 66264.1063(c); and
(3) the pump must be tested for compliance with subsection (e)(2) of this section initially upon designation, annually, and at other times as required by the Department.
(f) If any pump is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of Section 66264.1060, it is exempt from the requirements of subsections (a) through (e) of this section.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1052. 
  
 



s 66264.1053. Standards: Compressors.
 (a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in subsections (h) and (i) of this section.
(b) Each  compressor seal system as required in subsection (a) of this section shall be:
(1) operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure; or
(2) equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of Section 66264.1060; or
(3) equipped with a system that purges the barrier fluid into a hazardous waste stream with no  detectable emissions to the atmosphere.
(c) The barrier fluid shall not be a hazardous waste with organic concentrations ten percent or greater by weight.
(d) Each barrier fluid system as described in subsections (a) through (c) of this section shall be  equipped with a sensor that will detect failure of the seal system, barrier fluid system or both.
(e)(1) Each sensor as required in subsection (d) of this section shall be checked daily or shall be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unstaffed plant site, in which case the sensor shall be checked daily.
(2) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under subsection (e)(2) of this section, a leak is detected.
(g)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(h) A compressor is exempt from the requirements of subsections (a) and (b) of this section if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of Section 66264.1060, except as provided in subsection (i) of this section.
(i) Any compressor that is designated, as described in Section 66264.1064(g)(2), for no detectable emissions as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a) through (h) of this section if the compressor:
(1) is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66264.1063(c); and
(2) is tested for compliance with subsection (i)(1) of this section initially upon designation, annually, and at any other time required by the Department upon a determination by the Department that testing for compliance is necessary to protect human health or the environment.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1053. 
  
 



s 66264.1054. Standards: Pressure Relief Devices in Gas/Vapor Service.
 (a) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66264.1063(c).
(b)(1) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than 24 hours after each pressure release, except as provided in Section 66264.1059.
(2) No later than 24 hours after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66264.1063(c).
(c) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the  pressure re lief device to a control device as described in Section 66264.1060 is exempt from the requirements of subsections (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1054. 
  
 



s 66264.1055. Standards: Sampling Connecting Systems.
 (a) Each sampling connection system shall be equipped with a closed purge system or closed-vent system.
(b) Each closed-purge system or closed-vent system as required in subsection  (a) shall:
(1) return the purged hazardous waste stream directly to the hazardous waste management process line with no detectable emissions to atmosphere; or
(2)  collect and recycle the purged hazardous waste stream with no detectable emissions to atmosphere; or
(3) be designed and operated to capture and transport all the purged hazardous waste stream to a control device that complies with the requirements of Section 66264.1060.
(c) In situ sampling systems are exempt from the requirements of subsections  (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1055. 
  
 



s 66264.1056. Standards: Open-ended Valves or Lines.
 (a)(1)  Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.
(2) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through open-ended valve or line.
(b) Each open-ended valve or line equipped with a second valve shall  be operated in a manner such that the valve on the hazardous waste stream end is closed before the second valve is closed.
(c) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with subsection (a) of this section at all other times.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR section 264.1056. 
  
 



s 66264.1057. Standards: Valves in Gas/Vapor Service or in Light Liquid Service.
 (a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66264.1063(b) and shall comply with subsections (c) and shall comply with (d) and (e) of this section, except as provided in subsections (f), (g), and (h) of this section, and Sections 66264.1061 and 66264.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) Any valve for which a leak is not detected for two successive months shall be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.
(d)(1) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in Section 66264.1059.
(2) A first attempt at repair shall be made as soon as possible to minimize escape of hazardous constituents to the environment but no later than 24 hours after each leak is detected.
(e) First attempts at repair include, but are not limited to, the following best practices where practicable:
(1) tightening of bonnet bolts;
(2) replacement of bonnet bolts;
(3) tightening of packing gland nuts; and
(4) injection of lubricant into lubricated packing.
(f) Any valve that is designated, as described in Section 66264.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsection (a) of this section if the valve:
(1) has no external actuating mechanism in contact with the hazardous waste stream;
(2) is operated with emissions less than 500 ppm above background as determined by the method specified in Section 66264.1063(c); and
(3) is tested for compliance with paragraph (f)(2) of this section initially upon designation, annually, and at other times as required by the Department.
(g) Any valve that is designated, as described in Section 66264.1064(h)(1), as an unsafe-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines (written explanation in the operating record) that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (a) of this section; and
(2) the owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable.
(h) Any valve that is designated, as described in Section 66264.1064(h)(2), as a difficult-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than two meters above a support surface; and
(2) the hazardous waste management unit within which the valve is located was in operation before June 21, 1990, for units that transfer, treat, store, or dispose of RCRA hazardous wastes, unless the owner/operator of the unit is exempt from regulation under 40 CFR, Section 264.1.
(3) the owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 264.1057. 
  
 



s 66264.1058. Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors.
 (a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within five days by the method specified in Section 66264.1063(b) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in Section 66264.1059.
(2) The first attempt at repair shall be made no later than 24 hours after each leak is detected.
d) First attempts at repair include, but are not limited to, the best practices described under Section 66264.1057(e).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1058. 
  
 



s 66264.1059. Standards: Delay of Repair.
 (a) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least ten percent by weight.
(c) Delay of repair for valves will be allowed if:
(1) the owner of operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair; and
(2) when repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with Section 66264.1060.
(d) Delay of repair for pumps will be allowed if:
(1) repair requires the use of a dual mechanical seal system that includes a barrier fluid system; and
(2) repair is completed as soon as practicable, but not later than six months after the leak was detected.
(e) Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste management unit shutdown occurs sooner than six months after the first hazardous waste management unit shutdown.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1059. 
  
 



s 66264.1060. Standards: Closed-vent Systems and Control Devices.
The owners or operators of closed-vent systems and control devices shall comply with the provisions of Section 66264.1033.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1060. 
  
 



s 66264.1061. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak.
 (a) An owner or operator subject to the requirements of Section 66264.1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard that allows no greater than two percent of the valves to leak.
(b) The following requirements shall be met if an owner or operator decides to comply with an alternative standard which allows two percent of the valves to leak:
(1) an owner or operator shall notify the Department that the owner or operator has elected to comply with the requirements of this section;
(2) a performance test as specified in paragraph (c) of this section shall be conducted initially upon designation, annually, and at any other time required by the Department upon a determination by the Department that a performance test is necessary to protect human health or to the environment; and
(3) if a valve leak is detected, it shall be repaired in accordance with Sections 66264.1057(d) and (e).
(c) For the purpose of determining when the alternative standard should be allowed under subsection (a), performance tests shall be conducted in the following manner:
(1) all valves subject to the requirements in Section 66264. 1057 within the hazardous waste management unit shall be monitored within one week period by the methods specified in Section 66264.1063(b);
(2) if an instrument reading of 10,000 ppm or greater is measured, a leak is detected; and
(3) the leak percentage shall be determined by dividing the number of valves subject to the requirements in Section 66264.1057 for which leaks are detected by the total number of valves subject to the requirements in Section 66264.1057 within the hazardous waste management unit.
(d) If an owner or operator decides to no longer comply with this section, the owner or operator shall notify the Department in writing that the work practice standard described in Section 66264.1057(a) through (e) will be followed.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1061. 
  
 



s 66264.1062. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair.
 (a)(1) An owner or operator subject to the requirements of Section 66264.1057 shall elect for all valves within a hazardous waste management unit to comply with one of the alternative work practices specified in subsections (b)(2) and (3) of this section.
(2) An owner or operator shall notify the Department before implementing one of the alternative work practices.
(b)(1) An owner or operator shall comply with the requirements for valves, as described in Section 66264.1057, except as described in subsections (b)(2) and (b)(3) of this section.
(2) After two consecutive quarterly leak detection periods within the percentage of valves leaking equal to or less than two percent, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves subject to the requirements in Section 66264.1057.
(3) After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than two percent, an owner or operator may begin to skip three of the quarterly leak detection periods for he valves subject to the requirements in Section 66264.1057.
(4) If the percentage of valves leaking is greater than two percent, the owner or operator shall monitor monthly in compliance with the requirements in Section 66264.1057, but may again elect to use this section after meeting the requirements of Section 66264.1057(c)(1).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1062. 
  
 



s 66264.1063. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in Sections 66264.1052 through 66264.1062, shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60;
(2) the detection instrument shall meet the performance criteria of Reference Method 21 in CFR, part 60.
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21 in 40 CFR, part 60;
(4) Calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air); and
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane;
(5) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in 40 CFR, part 60.
(c) When equipment is tested for compliance with no detectable emissions, as required in Sections 66264.1052(e), 66264.1053(i), 66264.1054, and 66264.1057(f), the test shall comply with the following requirements:
(1) the requirements of subsections (b)(1) through (4) of this section shall apply;
(2) the background level shall be determined as set forth in Reference Method 21 in CFR, part 60;
(3) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21 in 40 CFR, part 60; and
(4) the arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis plan required by Section 66264.13(b), an owner or operator of a facility shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds ten percent by weight using the following:
(1) methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85  (incorporated by reference under Section 66260.11);
(2) method 9060 or 8260 of SW-846, third edition and updates, (as incorporated by reference under Section 66260.11); or
(3) application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. Documentation of a waste determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than ten percent, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the total organic concentration of the waste.
(e) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentrations at least ten percent by weight, the determination can be revised only after following the procedures in subsection (d)(1) or (d)(2) of this section.
(f) When an owner or operator and the Department do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least ten percent by weight, the procedures in paragraph (d)(1) or (d)(2) of this section shall be used to resolve the dispute.
(g) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.
(h) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM  D-2879-86 (incorporated by reference under Section 66260.11).
(i) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of Section 66264.1034(c)(1) through (c)(4).
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1063. 
  
 



s 66264.1064. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record the following information in the facility operating record:
(1) for each piece of equipment to which this article applies:
(A) equipment identification number and hazardous waste management unit identification;
(B) approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);
(C) type of equipment (e.g., a pump or pipeline valve);
(D) percent-by-weight total organics in the hazardous waste stream at the equipment;
(E) hazardous waste state at the equipment (e.g., gas/vapor or liquid);
(F) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals");
(2) for facilities that comply with the provisions of Section 66264.1033(a)(2), an implementation schedule as specified in Section 66264.1033(a)(2);
(3) an owner or operator who chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, shall record a performance test plan as specified in Section 66264.1035(b)(3); and
(4) documentation of compliance with Section 66264.1060; including the detailed design documentation or performance test results specified in Section 66264.1034(b)(4).
(c) When each leak is detected as specified in Sections 66264.1052, 66264.1053, 66264.1057, and 66264.1058, the following requirements apply:
(1) a weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with Section 66264.1058(a), and the date the leak was detected, shall be attached to the leaking equipment;
(2) the identification on equipment, except on a valve, may be removed after it has been repaired; and
(3) the identification on a valve may be removed after it has been monitored for two successive months as specified in Sections 66264.1057(c) and no leak has been detected during those two months.
(d) When each leak is detected as specified in Sections 66264.1052, 66264.1053, 66264.1057, and 66264.1058, the following information shall be recorded in an inspection log and shall be kept in the facility operating record:
(1) the instrument and operator identification numbers and the equipment identification number;
(2) the date evidence of a potential leak was found in accordance with Section 66264.1058(a);
(3) the date the leak was detected and the dates of each attempt to repair the leak;
(4) repair methods applied in each attempt to repair the leak;
(5) "above 10,000" if the maximum instrument reading measured by the methods specified in Section 6626.1063(b) after each repair attempt is equal to or greater than 10,000 ppm;
(6) "repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
(7) source of documentation supporting the delay of repair of a valve in compliance with Section 66264.1059(c);
(8) name and the signature of the owner or operator (or designate) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown;
(9) the expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and
(10) the date of successful repair of the leak.
(e) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of Section 66264.1060 shall be recorded and kept up-to-date in the facility operating record as specified in Section 66264.1035(c). Design documentation is specified in Section 66264.1035(c)(1) and (c)(2), and monitoring, operating, and inspection information is specified in 66264.1035(c)(3) through (c)(8).
(f) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Department will specify the appropriate recordkeeping requirements.
(g) The following information pertaining to all equipment subject to the requirements in Sections 66264.1052 through 66264.1060 shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for equipment (except welded fittings) subject to the requirements of this article;
(2)(A) a list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions of Sections 66264.1052(e), 66264.1053(i), and 66264.1057(f);
(B) the designation of this equipment as subject to the requirements of Sections 66264.1052(e), 66264.1053(i), or 66264.1057(f), and 66264.1057(f) shall be signed by the owner or operator;
(3) a list of equipment identification numbers for pressure relief devices required to comply with Section 66264.1054(a).
(4)(A) the dates of each compliance test required in Sections 66264.1052(e), 66264.1053(i), 66264.1054, and 66264.1057(f);
(B) the background level measured during each compliance test;
(C) the maximum instrument reading measured at the equipment during each compliance test; and
(5) a list of identification numbers for equipment in vacuum service.
(h) The following information pertaining to all valves subject to the requirements of Section 66264.1057(g) and (h) shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve;
(2) a list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.
(i) The following information shall be recorded in the facility operating record for valves complying with Section 66264.1062:
(1) a schedule of monitoring; and
(2) the percent of valves found leaking during each monitoring period.
(j) The following information shall be recorded in a log that is kept in the facility operating record:
(1) criteria required in Section 66264.1052(d)(5)(B) and Section 66264.1053(e)(2) and an explanation of the design criteria; and
(2) any changes to these criteria and the reasons for the changes;
(k) The following information shall be recorded in a log that is kept in the facility operating record for use in determining exemptions as provided in the applicability section of this article and other specific articles:
(1) an analysis determining the design capacity of the hazardous waste management unit;
(2) a statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in Sections 66264.1052 through 66264.1060 and an analysis determining whether these hazardous wastes are heavy liquids; and
(3) an up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in Sections 66264.1052 through 66264.1060. The record shall include supporting documentation as required by Section 66264.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in Sections 66264.1052 through 66264.1060, then a new determination is required.
(1) Records of the equipment leak information required by paragraph (d) of this section and the operating information required by paragraph (e) of this section shall be kept only three years.
(m) The owner or operator of any facility that is subject to this article and to regulations at 40 CFR, Part 60, Subpart VV, or 40 CFR, Part 61, Subpart V, of this division may elect to determine compliance with this article by documentation either pursuant to Section 66264.1064, or pursuant to those provisions of 40 CFR, Part 60 or Part 61, to the extent that the documentation under the regulation at 40 CFR, Part 60 or Part 61 duplicates the documentation required under this article. The documentation required by the regulation at 40 CFR, Part 60 or Part 61 shall be kept with or made readily available with the facility operating record.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1064. 
  
 



s 66264.1065. Reporting Requirements.
 (a) A semiannual report shall be submitted by owners and operators subject to the requirements of this article to the Department by first week of February and August of each year. The report shall include the following information:
(1) the identification number, name, and address of the facility;
(2) for each month during the semiannual reporting period:
(A) the equipment identification number of each valve for which leak was not repaired as required in Section 66264.1057(d);
(B) the equipment identification number of each pump for which a leak was not repaired as required in Section 66264.1052(c) and (d)(6); and
(C) the equipment identification number of each compressor for which a leak was not repaired as required in Section 66264.1053(g);
(3) dates of hazardous waste management unit shutdowns that occurred within the semiannual reporting period; and
(4) for each month during the semiannual reporting period:
(A) dates when the control device, installed as required by Section 66264.1052, 66264.1053, 66264.1054, or 66264.1055, exceeded or operated outside of the design specifications as defined in Section 66264.1064(e) and as indicated by the control device monitoring required by Section 66264.1060 for more than 24 hours;
(B) the duration and cause of each excess emissions; and
(C) any corrective measures taken.
(b) If, during the semiannual reporting period, leaks from valves, pumps, and compressors are repaired as required in Sections 66264.1057(d), 66264.1052(c) and (d)(6), and 66264.1053(g), respectively, and the control device does not exceed or operate outside of the design specifications as defined in Section 66264.1064(e) for more than 24 hours, a report to the Department is not required.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 264.1065. 
  
 



s 66264.1080. Applicability.
 (a) The requirements of this article apply to owners and operators of all facilities that treat, store, or dispose of RCRA hazardous waste in tanks, surface impoundments, or containers subject to either articles 9, 10, or 11 except as section 66264.1 and subsection (b) of this section provide otherwise.
(b) The requirements of this article do not apply to the following waste management units at the facility:
(1) A waste management unit that holds hazardous waste placed in the unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity less than or equal to 0.1 m  [FN3].
(3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA authorities, or similar Federal or State authorities.
(6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
(7) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. For the purpose of complying with this subsection, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device requirements of section 66264.1084(i), except as provided in section 66264.1082(c)(5).
(8) A tank that has a process vent as defined in section 66260.10.
(c) For the owner and operator of a facility subject to this article who received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this article shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d) of this division. Until such date when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d), the owner and operator is subject to the requirements of chapter 15, article 28.5.
(d) The requirements of this article, except for the recordkeeping requirements specified in section 66264.1089(i) are administratively stayed for a tank or a container used for the management of hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:
(1) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures, and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this subsection, "organic peroxide" means an organic compound that contains the bivalent -O-O-structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
(2) The owner or operator prepares documentation, in accordance with the requirements of section 66264.1089(i) of this article, explaining why an undue safety hazard would be created if air emission controls specified in sections 66264.1084 through 66264.1087 are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting the conditions of subsection (d)(1) of this section.
(3) The owner or operator notifies the Department in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting the conditions of subsection (d)(1) of this section are managed at the facility in tanks or containers meeting the conditions of subsection (d)(2) of this section. The notification shall state the name and address of the facility, and be signed and dated by an authorized representative of the facility owner or operator.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1080. 
  
 



s 66264.1082. Standards: General.
 (a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this article.
(b) The owner or operator shall control air pollutant emissions from each waste management unit in accordance with standards specified in sections 66264.1084 through 66264.1087, as applicable to the hazardous waste management unit, except as provided for in subsection (c) of this section.
(c) A tank, surface impoundment, or container is exempt from standards specified in sections 66264.1084 through 66264.1087 as applicable, provided that the waste management unit is one of the following:
(1) A tank, surface impoundment, or container for which all hazardous waste entering the unit has an average VO concentration at the point of waste origination of less than 500 parts per million by weight (ppmw). The average VO concentration shall be determined using the procedures specified in section 66264.1083(a). The owner or operator shall review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:
(A) A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (Ct) established for the process. The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in section 66264.1083(b).
(B) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in section 66264.1083(b).
(C) A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. The required organic mass removal rate and the actual organic mass removal rate for the process shall be determined using the procedures specified in section 66264.1083(b).
(D) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:
1. The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than 95 percent. The organic reduction efficiency and the organic biodegradation efficiency for the process shall be determined using the procedures specified in section 66264.1083(b).
2. The total actual organic mass biodegradation rate (MRbio) for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). The required organic mass removal rate and the actual organic mass biodegradation rate for the process shall be determined using the procedures specified in section 66264.1083(b).
(E) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:
1. From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls in accordance with the standards specified in sections 66264.1084 through 66264.1087, as applicable to the waste management unit.
2. From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere. The EPA considers a drain system that meets the requirements of 40 CFR part 63, subpart RR-- National Emission Standards for Individual Drain Systems to be a closed system.
3. The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or 500 ppmw, whichever value is lower. The average VO concentration of each individual waste stream at the point of waste origination shall be determined using the procedures specified in section 66264.1083(a). The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in section 66264.1083(b).
(F) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste origination shall be determined using the procedures specified in sections 66264.1083(b) and 66264.1083(a), respectively.
(G) A hazardous waste incinerator for which the owner or operator has either:
1. Been issued a final permit under chapter 20 which implements the requirements of article 15 of this chapter; or
2. Has designed and operates the incinerator in accordance with the interim status requirements of chapter 15, article 15 of this division.
(H) A boiler or industrial furnace for which the owner or operator has either:
1. Been issued a final permit under chapter 20 which implements the requirements of chapter 16, article 8, or
2. Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of chapter 16, article 8 of this division.
(I) For the purpose of determining the performance of an organic destruction or removal process in accordance with the conditions in each of subsections (c)(2)(A) through (c)(2)(F) of this section, the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration:
1. If Method 25D in 40 CFR part 60, appendix A is used for the analysis, one-half the blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, whichever is less.
2. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant value at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 <<super>>-6  atmospheres/gram-mole/m <<super>>3 ] at 25 degrees Celsius.
(3) A tank or surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of subsection (c)(2)(D) of this section.
(4) A tank, surface impoundment, or container for which all hazardous waste placed in the unit either:
(A) Meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in chapter 18-- Land Disposal Restrictions under Table "Treatment Standards for Hazardous Waste" in section 66268.40; or
(B) The organic hazardous constituents in the waste have been treated by the treatment technology established by the Department for the waste in section 66268.42(a), or have been removed or destroyed by an equivalent method of treatment approved by the Department pursuant to section 66268.42(b).
(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:
(A) The tank is located inside an enclosure vented to a control device that is designed and operated in accordance with all applicable requirements specified under 40 CFR part 61, subpart FF--National Emission Standards for Benzene Waste Operations for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year;
(B) The enclosure and control device serving the tank were installed and began operation prior to November 25, 1996 and
(C) The enclosure is designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical or electrical equipment; or to direct air flow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" annually.
(d) The Department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of this section as follows:
(1) The waste determination for average VO concentration of a hazardous waste at the point of waste origination shall be performed using direct measurement in accordance with the applicable requirements of section 66264.1083(a). The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of section 66264.1083(b).
(2) In performing a waste determination pursuant to subsection (d)(1) of this section, the sample preparation and analysis shall be conducted as follows:
(A) In accordance with the method used by the owner or operator to perform the waste analysis, except in the case specified in subsection (d)(2)(B) of this section.
(B) If the Department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment, or container, then the Department may choose an appropriate method.
(3) In a case when the owner or operator is requested to perform the waste determination, the Department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
(4) In a case when the results of the waste determination performed or requested by the Department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, then the results of the waste determination performed in accordance with the requirements of subsection (d)(1) of this section shall be used to establish compliance with the requirements of this article.
(5) In a case when the owner or operator has used an averaging period greater than 1 hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the Department may elect to establish compliance with this article by performing or requesting that the owner or operator perform a waste determination using direct measurement based on waste samples collected within a 1-hour period as follows:
(A) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements of section 66264.1083(a).
(B) Results of the waste determination performed or requested by the Department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this article except in a case as provided for in subsection (d)(5)(C) of this section.
(C) For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than 1 hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given 1-hour period may be equal to or greater than 500 ppmw, information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the requirements of Sections 66264.1083(a) and 66264.1089 shall be considered by the Department together with the results of the waste determination performed or requested by the Department in establishing compliance with this article.
NOTE: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR  Section 264.1082.




s 66264.1083.  Waste Determination Procedures.
 (a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.
(1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under the provisions of Section 66264.1082(c)(1) from using air emission controls in accordance with standards specified in Sections 66264.1084 through 66264.1087, as applicable to the waste management unit.
(A) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under the provisions of section 66264.1082(c)(1) from using air emission controls, and thereafter an initial determination of the average VO concentration of the waste stream shall be made for each averaging period that a hazardous waste is managed in the unit; and
(B) Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the applicable VO concentration limits specified in section 66264.1082.
(2) For a waste determination that is required by subsection (a)(1) of this section, the average VO concentration of a hazardous waste at the point of waste origination shall be determined in accordance with the procedures specified in Section 66265.1084(a)(2) through (a)(4).
(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste determinations for each treated hazardous waste placed in waste management units exempted under the provisions of Sections 66264.1082(c)(2)(A) through (c)(2)(F) from using air emission controls in accordance with standards specified in Sections 66264.1084 through 66264.1087, as applicable to the waste management unit.
(A) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the treated waste stream is placed in the exempt waste management unit, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and
(B) Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in section 66264.1082(c)(2) are not achieved.
(2) The waste determination for a treated hazardous waste shall be performed in accordance with the procedures specified in subsections 66265.1084(b)(2) through (b)(9), as applicable to the treated hazardous waste.
(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
(1) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls in accordance with standards specified in Section 66264.1084(c).
(2) The maximum organic vapor pressure of the hazardous waste may be determined in accordance with the procedures specified in subsections 66265.1084(c)(2) through (c)(4).
(d) The procedure for determining no detectable organic emissions for the purpose of complying with this article shall be conducted in accordance with the procedures specified in Section 66265.1084(d).
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1083.
 



s 66265.1084. Standards: Tanks.
 (a) The provisions of this section apply to the control of air pollutant emissions from tanks for which section 66264.1082(b) references the use of this section for such air emission control.
(b) The owner or operator shall control air pollutant emissions from each tank subject to this section in accordance with the following requirements as applicable:
(1) For a tank that manages hazardous waste that meets all of the conditions specified in subsections (b)(1)(A) through (b)(1)(C) of this section, the owner or operator shall control air pollutant emissions from the tank in accordance with the Tank Level 1 controls specified in subsection (c) of this section or the Tank Level 2 controls specified in subsection (d) of this section.
(A) The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank's design capacity category as follows:
1. For a tank design capacity equal to or greater than 151 m <<super>>3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.
2. For a tank design capacity equal to or greater than 75 m <<super>>3 but less than 151 m <<super>>3, the maximum organic vapor pressure limit for the tank is 27.6 kPa.
3. For a tank design capacity less than 75 m <<super>>3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.
(B) The hazardous waste in the tank is not heated by the owner or operator to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous waste is determined for the purpose of complying with subsection (b)(1)(A) of this section.
(C) The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process, as defined in section 66260.10.
(2) For a tank that manages hazardous waste that does not meet all of the conditions specified in subsections (b)(1)(A) through (b)(1)(C) of this section, the owner or operator shall control air pollutant emissions from the tank by using Tank Level 2 controls in accordance with the requirements of subsection (d) of this section. Examples of tanks required to use Tank Level 2 controls include: A tank used for a waste stabilization process; and a tank for which the hazardous waste in the tank has a maximum organic vapor pressure that is equal to or greater than the maximum organic vapor pressure limit for the tank's design capacity category as specified in subsection (b)(1)(A) of this section.
(c) Owners and operators controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet the requirements specified in subsections (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the maximum organic vapor pressure for a hazardous waste to be managed in the tank using Tank Level 1 controls before the first time the hazardous waste is placed in the tank. The maximum organic vapor pressure shall be determined using the procedures specified in section 66264.1083(c) of this article. Thereafter, the owner or operator shall perform a new determination whenever changes to the hazardous waste managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level that is equal to or greater than the maximum organic vapor pressure limit for the tank design capacity category specified in subsection (b)(1)(A) of this section, as applicable to the tank.
(2) The tank shall be equipped with a fixed roof designed to meet the following specifications:
(A) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the hazardous waste in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch).
(B) The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.
(C) Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either:
1. Equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device; or
2. Connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous waste is managed in the tank, except as provided for in subsections (c)(2)(C)2.a. and 2.b. of this section.
a. During periods when it is necessary to provide access to the tank for performing the activities of subsection (c)(2)(C)2 of this section, venting of the vapor headspace underneath the fixed roof to the control device is not required, opening of closure devices is allowed, and removal of the fixed roof is allowed. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, and resume operation of the control device.
b. During periods of routine inspection, maintenance, or other activities needed for normal operations, and for removal of accumulated sludge or other residues from the bottom of the tank.
(D) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the hazardous waste or its vapors managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(3) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows:
(A) Opening of closure devices or removal of the fixed roof is allowed at the following times:
1. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
2. To remove accumulated sludge or other residues from the bottom of tank.
(B) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the tank internal pressure in accordance with the tank design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the tank internal pressure is within the internal pressure operating range determined by the owner or operator based on the tank manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the tank internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations.
(C) Opening of a safety device, as defined in section 66265.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator shall inspect the air emission control equipment in accordance with the following requirements.
(A) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The owner or operator shall perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except under the special conditions provided for in subsection (l ) of this section.
(C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(d) Owners and operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:
(1) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in subsection (e) of this section;
(2) A tank equipped with an external floating roof in accordance with the requirements specified in subsection (f) of this section;
(3) A tank vented through a closed-vent system to a control device in accordance with the requirements specified in subsection (g) of this section;
(4) A pressure tank designed and operated in accordance with the requirements specified in subsection (h) of this section; or
(5) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in subsection (i) of this section.
(e) The owner or operator who controls air pollutant emissions from a tank using a fixed roof with an internal floating roof shall meet the requirements specified in subsections (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements:
(A) The internal floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(B) The internal floating roof shall be equipped with a continuous seal between the wall of the tank and the floating roof edge that meets either of the following requirements:
1. A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in section 66260.10; or
2. Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal.
(C) The internal floating roof shall meet the following specifications:
1. Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the liquid surface.
2. Each opening in the internal floating roof shall be equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains.
3. Each penetration of the internal floating roof for the purpose of sampling shall have a slit fabric cover that covers at least 90 percent of the opening.
4. Each automatic bleeder vent and rim space vent shall be gasketed.
5. Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.
6. Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(A) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(B) Automatic bleeder vents are to be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(C) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting.
(3) The owner or operator shall inspect the internal floating roof in accordance with the procedures specified as follows:
(A) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: The internal floating roof is not floating on the surface of the liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion of the roof seals have detached from the roof rim; holes, tears, or other openings are visible in the seal fabric; the gaskets no longer close off the hazardous waste surface from the atmosphere; or the slotted membrane has more than 10 percent open area.
(B) The owner or operator shall inspect the internal floating roof components as follows except as provided in subsection (e)(3)(C) of this section:
1. Visually inspect the internal floating roof components through openings on the fixed-roof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and
2. Visually inspect the internal floating roof, primary seal, secondary seal  (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 10 years.
(C) As an alternative to performing the inspections specified in subsection  (e)(3)(B) of this section for an internal floating roof equipped with two continuous seals mounted one above the other, the owner or operator may visually inspect the internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 5 years.
(D) Prior to each inspection required by subsection (e)(3)(B) or (e)(3)(C) of this section, the owner or operator shall notify the Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
1. Prior to each visual inspection of an internal floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subsection (e)(3)(D)2. of this section.
2. When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Department as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Department at least 7 calendar days before refilling the tank.
(E) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(F) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(4) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any tank complying with the requirements of subsection (e) of this section.
(f) The owner or operator who controls air pollutant emissions from a tank using an external floating roof shall meet the requirements specified in subsections (f)(1) through (f)(3) of this section.
(1) The owner or operator shall design the external floating roof in accordance with the following requirements:
(A) The external floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(B) The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the tank and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.
1. The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in section 66260.10. The total area of the gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm <<super>>2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so that one end extends into the liquid in the tank and the other end extends a vertical distance of at least 61 centimeters above the liquid surface.
2. The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm <<super>>2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).
(C) The external floating roof shall meet the following specifications:
1. Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface.
2. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid.
3. Each access hatch and each gauge float well shall be equipped with a cover designed to be bolted or fastened when the cover is secured in the closed position.
4. Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.
5. Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening.
6. Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.
7. Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole.
8. Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the liquid surface from the atmosphere.
9. Each gauge hatch and each sample well shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(A) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(B) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access.
(C) Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position.
(D) Automatic bleeder vents shall be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(E) Rim space vents shall be set to open only at those times that the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.
(F) The cap on the end of each unslotted guide pole shall be secured in the closed position at all times except when measuring the level or collecting samples of the liquid in the tank.
(G) The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well must be opened for access.
(H) Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except during inspections.
(3) The owner or operator shall inspect the external floating roof in accordance with the procedures specified as follows:
(A) The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements:
1. The owner or operator shall perform measurements of gaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years.
2. The owner or operator shall perform measurements of gaps between the tank wall and the secondary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every year.
3. If a tank ceases to hold hazardous waste for a period of 1 year or more, subsequent introduction of hazardous waste into the tank shall be considered an initial operation for the purposes of subsections (f)(3)(A)1. and (f)(3)(A)2. of this section.
4. The owner or operator shall determine the total surface area of gaps in the primary seal and in the secondary seal individually using the following procedure:
a. The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports.
b. Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the tank and measure the circumferential distance of each such location.
c. For a seal gap measured under subsection (f)(3) of this section, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.
d. The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal diameter of the tank. These total gap areas for the primary seal and secondary seal are then compared to the respective standards for the seal type as specified in subsection (f)(1)(B) of this section.
5. In the event that the seal gap measurements do not conform to the specifications in subsection (f)(1)(B) of this section, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
6. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(B) The owner or operator shall visually inspect the external floating roof in accordance with the following requirements:
1. The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: Holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
2. The owner or operator shall perform an initial inspection of the external floating roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (l ) of this section.
3. In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
4. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 264.1089(b).
(C) Prior to each inspection required by subsection (f)(3)(A) or (f)(3)(B) of this section, the owner or operator shall notify the Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
1. Prior to each inspection to measure external floating roof seal gaps as required under subsection (f)(3)(A) of this section, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before the date the measurements are scheduled to be performed.
2. Prior to each visual inspection of an external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subsection (f)(3)(C)3. of this section.
3. When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Department as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Department at least 7 calendar days before refilling the tank.
(4) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any tank complying with the requirements of subsection (f) of this section.
(g) The owner or operator who controls air pollutant emissions from a tank by venting the tank to a control device shall meet the requirements specified in subsections (g)(1) through (g)(3) of this section.
(1) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements:
(A) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank.
(B) Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions.
(C) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(D) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66264.1087.
(2) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except as follows:
(A) Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times:
1. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
2. To remove accumulated sludge or other residues from the bottom of a tank.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(A) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in section 66264.1087.
(C) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (l ) of this section.
(D) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(E) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(b).
(h) The owner or operator who controls air pollutant emissions by using a pressure tank shall meet the following requirements.
(1) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity.
(2) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in section 66264.1083(d).
(3) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under either of the following conditions as specified in paragraph (h)(3)(A) or (h)(3)(B) of this section.
(A) At those times when opening of a safety device, as defined in section 66260.10, is required to avoid an unsafe condition.
(B) At those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of section 66264.1087.
(i) The owner or operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in subsections (i)(1) through (i)(4) of this section.
(1) The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(2) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in section 66264.1087.
(3) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements of subsections (i)(1) and (i)(2) of this section.
(4) The owner or operator shall inspect and monitor the closed-vent system and control device as specified in section 66264.1087.
(j) The owner or operator shall transfer hazardous waste to a tank subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in subsection (j)(2) of this section, to the tank from another tank subject to this section or from a surface impoundment subject to section 66264.1085 shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the hazardous waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR--National Emission Standards for Individual Drain Systems.
(2) The requirements of subsection (j)(1) of this section do not apply when transferring a hazardous waste to the tank under any of the following conditions:
(A) The hazardous waste meets the average VO concentration conditions specified in section 66264.1082(c)(1) at the point of waste origination.
(B) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in 66264.1082(c)(2).
(C) The hazardous waste meets the requirements of section 66264.1082(c)(4).
(k) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subsection (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subsection (k)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous waste normally managed in the tank. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.
(l ) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this article, subsequent inspection and monitoring may be performed at intervals longer than 1 year under the following special conditions:
(1) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the owner or operator may designate a cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
(A) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
(B) Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable section of this article, as frequently as practicable during those times when a worker can safely access the cover.
(2) In the case when a tank is buried partially or entirely underground, an owner or operator is required to inspect and monitor, as required by the applicable provisions of this section, only those portions of the tank cover and those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1084.
 



s 66264.1085. Standards: Surface Impoundments.
 (a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which section 66264.1082(b) references the use of this section for such air emission control.
(b) The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance with the provisions specified in subsection (c) of this section; or
(2) A cover that is vented through a closed-vent system to a control device in accordance with the provisions specified in subsection (d) of this section.
(c) The owner or operator who controls air pollutant emissions from a surface impoundment using a floating membrane cover shall meet the requirements specified in subsections (c)(1) through (c)(3) of this section.
(1) The surface impoundment shall be equipped with a floating membrane cover designed to meet the following specifications:
(A) The floating membrane cover shall be designed to float on the liquid surface during normal operations and form a continuous barrier over the entire surface area of the liquid.
(B) The cover shall be fabricated from a synthetic membrane material that is either:
1. High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (mm); or
2. A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in subsection (c)(1)(B)1. of this section and chemical and physical properties that maintain the material integrity for the intended service life of the material.
(C) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.
(D) Except as provided for in subsection (c)(1)(E) of this section, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device.
(E) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal.
(F) The closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed.
(2) Whenever a hazardous waste is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position except as follows:
(A) Opening of closure devices or removal of the cover is allowed at the following times:
1. To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly replace the cover and secure the closure device in the closed position, as applicable.
2. To remove accumulated sludge or other residues from the bottom of surface impoundment.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures:
(A) The floating membrane cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The owner or operator shall perform an initial inspection of the floating membrane cover and its closure devices on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (g) of this section.
(C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (f) of this section.
(D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(c).
(d) The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet the requirements specified in subsections (d)(1) through (d)(3) of this section.
(1) The surface impoundment shall be covered by a cover and vented directly through a closed-vent system to a control device in accordance with the following requirements:
(A) The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the surface impoundment.
(B) Each opening in the cover not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions using the procedure specified in section 66264.1083(d).
(C) The cover and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the cover and closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the cover is installed.
(D) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66264.1087.
(2) Whenever a hazardous waste is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows:
(A) Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times:
1. To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment.
2. To remove accumulated sludge or other residues from the bottom of the surface impoundment.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(A) The surface impoundment cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in section 66264.1087.
(C) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (g) of this section.
(D) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (f) of this section.
(E) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66264.1089(c).
(e) The owner or operator shall transfer hazardous waste to a surface impoundment subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in subsection (e)(2) of this section, to the surface impoundment from another surface impoundment subject to this section or from a tank subject to section 66264.1084 shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR-- National Emission Standards for Individual Drain Systems.
(2) The requirements of subsection (e)(1) of this section do not apply when transferring a hazardous waste to the surface impoundment under either of the following conditions:
(A) The hazardous waste meets the average VO concentration conditions specified in section 66264.1082(c)(1) at the point of waste origination.
(B) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in section 66264.1082(c)(2).
(C) The hazardous waste meets the requirements of Section 66264.1082(c)(4).
(f) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subsection (c)(3) or (d)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subsection (f)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative capacity is available at the site to accept the hazardous waste normally managed in the surface impoundment. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the surface impoundment stops operation. Repair of the defect shall be completed before the process or unit resumes operation.
(g) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this article, subsequent inspection and monitoring may be performed at intervals longer than 1 year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this case, the owner or operator may designate the cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
(2) Develop and implement a written plan and schedule to inspect and monitor the cover using the procedures specified in the applicable section of this article as frequently as practicable during those times when a worker can safely access the cover.
NOTE: Sections 25150, 25159, 25159.5, and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1085.




s 66264.1086. Standards: Containers.
 (a) The provisions of this section apply to the control of air pollutant emissions from containers for which section 66264.1082(b) references the use of this section for such air emission control.
(b) General requirements.
(1) The owner or operator shall control air pollutant emissions from each container subject to this section in accordance with the following requirements, as applicable to the container, except when the special provisions for waste stabilization processes specified in subsection (b)(2) of this section apply to the container.
(A) For a container having a design capacity greater than 0.1 m <<super>>3 and less than or equal to 0.46 m <<super>>3, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in subsection (c) of this section.
(B) For a container having a design capacity greater than 0.46 m <<super>>3 that is not in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in subsection (c) of this section.
(C) For a container having a design capacity greater than 0.46 m <<super>>3 that is in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 2 standards specified in subsection (d) of this section.
(2) When a container having a design capacity greater than 0.1 m <<super>>3 is used for treatment of a hazardous waste by a waste stabilization process, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 3 standards specified in subsection (e) of this section at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation  (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a "portable tank" or bulk cargo container equipped with a screw-type cap).
(C) An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous waste in the container such that no hazardous waste is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements of subsection (c)(1)(B) or  (c)(1)(C) shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity, for as long as the container is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of contact with the hazardous waste or its vapor managed in the container; the effects of outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; and the operating practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container Level 1 controls, the owner or operator shall install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
(D) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m <<super>>3 or greater, which do not meet applicable DOT regulations as specified in subsection (f) of this section, are not managing hazardous waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation  (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container that operates with no detectable organic emissions as defined in section 66260.10 and determined in accordance with the procedure specified in subsection (g) of this section.
(C) A container that has been demonstrated within the preceding 12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27 in accordance with the procedure specified in subsection (h) of this section.
(2) Transfer of hazardous waste in or out of a container using Container Level 2 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the Department considers to meet the requirements of this subsection include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(3) Whenever a hazardous waste is in a container using Container Level 2 controls, the owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
(D) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emission when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in section 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66264.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3 controls is one of the following:
(A) A container that is vented directly through a closed-vent system to a control device in accordance with the requirements of subsection (e)(2)(B) of this section.
(B) A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device in accordance with the requirements of subsections (e)(2)(A) and (e)(2)(B) of this section.
(2) The owner or operator shall meet the following requirements, as applicable to the type of air emission control equipment selected by the owner or operator:
(A) The container enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T-- Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of containers through the enclosure by conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(B) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66264.1087.
(3) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with the requirements of subsection (e)(1) of this section.
(4) Owners and operators using Container Level 3 controls in accordance with the provisions of this article shall inspect and monitor the closed-vent systems and control devices as specified in section 66264.1087.
(5) Owners and operators that use Container Level 3 controls in accordance with the provisions of this article shall prepare and maintain the records specified in section 66264.1089(d).
(6) Transfer of hazardous waste in or out of a container using Container Level 3 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the EPA considers to meet the requirements of this paragraph include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(f) For the purpose of compliance with subsection (c)(1)(A) or (d)(1)(A) of this section, containers shall be used that meet the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as follows:
(1) The container meets the applicable requirements specified in 49 CFR part 178--Specifications for Packaging or 49 CFR part 179--Specifications for Tank Cars.
(2) Hazardous waste is managed in the container in accordance with the applicable requirements specified in 49 CFR part 107, subpart B-- Exemptions; 49 CFR part 172--Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173--Shippers--General Requirements for Shipments and Packages; and 49 CFR part 180--Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this article, no exceptions to the 49 CFR part 178 or part 179 regulations are allowed except as provided for in subsection (f)(4) of this section.
(4) For a lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this article, an owner or operator may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b).
(g) To determine compliance with the no detectable organic emissions requirement of subsection (d)(1)(B) of this section, the procedure specified in section 66264.1083(d) of this article shall be used.
(1) Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the container, its cover, and associated closure devices, as applicable to the container, shall be checked. Potential leak interfaces that are associated with containers include, but are not limited to: The interface of the cover rim and the container wall; the periphery of any opening on the container or container cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve.
(2) The test shall be performed when the container is filled with a material having a volatile organic concentration representative of the range of volatile organic concentrations for the hazardous wastes expected to be managed in this type of container. During the test, the container cover and closure devices shall be secured in the closed position.
(h) Procedure for determining a container to be vapor-tight using Method 27 of  40 CFR part 60, appendix A for the purpose of complying with subsection (d)(1)(C) of this section.
(1) The test shall be performed in accordance with Method 27 of 40 CFR part 60, appendix A of this chapter.
(2) A pressure measurement device shall be used that has a precision of + 2.5 mm water and that is capable of measuring above the pressure at which the container is to be tested for vapor tightness.
(3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is determined to be vapor-tight.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1085.
 



s 66264.1087. Standards: Closed-vent Systems and Control Devices.
 (a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this article.
(b) The closed-vent system shall meet the following requirements:
(1) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in subsection (c) of this section.
(2) The closed-vent system shall be designed and operated in accordance with the requirements specified in section 66264.1033(k).
(3) In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device shall be equipped with either a flow indicator as specified in subsection (b)(3)(A) of this section or a seal or locking device as specified in subsection (b)(3)(B) of this section. For the purpose of complying with this subsection, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring loaded pressure relief valves, and other fittings used for safety purposes are not considered to be bypass devices.
(A) If a flow indicator is used to comply with subsection (b)(3) of this section, the indicator shall be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this subsection, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.
(B) If a seal or locking device is used to comply with subsection (b)(3) of this section, the device shall be placed on the mechanism by which the bypass device position is controlled (e.g., valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of such devices include, but are not limited to, a car-seal or a lock-and-key configuration valve. The owner or operator shall visually inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected and monitored by the owner or operator in accordance with the procedure specified in section 66264.1033(l).
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(A) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95 percent by weight;
(B) An enclosed combustion device designed and operated in accordance with the requirements of section 66264.1033(c); or
(C) A flare designed and operated in accordance with the requirements of section 66264.1033(d).
(2) The owner or operator who elects to use a closed-vent system and control device to comply with the requirements of this section shall comply with the requirements specified in subsections (c)(2)(A) through (c)(2)(F) of this section.
(A) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year.
(B) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during periods of planned routine maintenance.
(C) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during a control device system malfunction.
(D) The owner or operator shall demonstrate compliance with the requirements of subsection (c)(2)(A) of this section (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year) by recording the information specified in section 66264.1089(e)(1)(E).
(E) The owner or operator shall correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.
(F) The owner or operator shall operate the closed-vent system such that gases, vapors, or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (i.e., periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors, and/or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.
(3) The owner or operator using a carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the following requirements:
(A) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements of section 66264.1033(g) or section 66264.1033(h).
(B) All carbon that is a hazardous waste and that is removed from the control device shall be managed in accordance with the requirements of section 66264.1033(n), regardless of the average volatile organic concentration of the carbon.
(4) An owner or operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the requirements of section 66264.1033(j) of this chapter.
(5) The owner or operator shall demonstrate that a control device achieves the performance requirements of subsection (c)(1) of this section as follows:
(A) An owner or operator shall demonstrate using either a performance test as specified in subsection (c)(5)(C) of this section or a design analysis as specified in subsection (c)(5)(D) of this section the performance of each control device except for the following:
1. A flare;
2. A boiler or process heater with a design heat input capacity of 44 megawatts or greater;
3. A boiler or process heater into which the vent stream is introduced with the primary fuel;
4. A boiler or industrial furnace burning hazardous waste for which the owner or operator has been issued a final permit under chapter 20 and has designed and operates the unit in accordance with the requirements of chapter 16, article 8 of this division; or
5. A boiler or industrial furnace burning hazardous waste for which the owner or operator has designed and operates in accordance with the interim status requirements of chapter 16, article 8 of this division.
(B) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in section 66264.1033(e).
(C) For a performance test conducted to meet the requirements of subsection  (c)(5)(A) of this section, the owner or operator shall use the test  methods and procedures specified in section 66264.1034(c)(1) through (c)(4).
(D) For a design analysis conducted to meet the requirements of subsection  (c)(5)(A) of this section, the design analysis shall meet the requirements specified in section 66264.1035(b)(4)(C).
(E) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of subsection (c)(1) of this section based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.
(6) If the owner or operator and the Department do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of subsection (c)(5)(C) of this section. The Department may choose to have an authorized representative observe the performance test.
(7) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in sections 66264.1033(f)(2) and 66264.1033(l). The readings from each monitoring device required by section 66264.1033(f)(2) shall be inspected at least once each operating day to check control device operation. Any necessary corrective measures shall be immediately implemented to ensure the control device is operated in compliance with the requirements of this section.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1087.
 



s 66264.1088. Inspection and Monitoring Requirements.
 (a) The owner or operator shall inspect and monitor air emission control equipment used to comply with this article in accordance with the applicable requirements specified in sections 66264.1084 through 66264.1087.
(b) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by subsection (a) of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under section 66264.15.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1088.
 



s 66264.1089. Recordkeeping Requirements.
 (a) Each owner or operator of a facility subject to requirements of this article shall record and maintain the information specified in subsections (b) through (j) of this section, as applicable to the facility. Except for air emission control equipment design documentation and information required by subsections (i) and (j) of this section, records required by this section shall be maintained in the operating record for a minimum of 3 years. Air emission control equipment design documentation shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Information required by subsections (i) and (j) of this section shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specified in sections 66264.1084 through 66264.1087 in accordance with the conditions specified in section 66264.1080(d) or section 66264.1080(b)(7) of this article, respectively.
(b) The owner or operator of a tank using air emission controls in accordance with the requirements of section 66264.1084 shall prepare and maintain records for the tank that include the following information:
(1) For each tank using air emission controls in accordance with the requirements of section 66264.1084, the owner or operator shall record:
(A) A tank identification number (or other unique identification description as selected by the owner or operator).
(B) A record for each inspection required by section 66264.1084 that includes the following information:
1. Date inspection was conducted.
2. For each defect detected during the inspection: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the requirements of section 66264.1084, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(2) In addition to the information required by subsection (b)(1) of this section, the owner or operator shall record the following information, as applicable to the tank:
(A) The owner or operator using a fixed roof to comply with the Tank Level 1 control requirements specified in section 66264.1084(c) shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed in accordance with the requirements of section 66264.1084(c). The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.
(B) The owner or operator using an internal floating roof to comply with the Tank Level 2 control requirements specified in section 66264.1084(e) shall prepare and maintain documentation describing the floating roof design.
(C) Owners and operators using an external floating roof to comply with the Tank Level 2 control requirements specified in section 66264.1084(f) shall prepare and maintain the following records:
1. Documentation describing the floating roof design and the dimensions of the tank.
2. Records for each seal gap inspection required by section 66264.1084(f)(3) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in section 66264.1084(f)(1), the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.
(D) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in section 66264.1084(i) shall prepare and maintain the following records:
1. Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
2. Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(c) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of section 66264.1085 shall prepare and maintain records for the surface impoundment that include the following information:
(1) A surface impoundment identification number (or other unique identification description as selected by the owner or operator).
(2) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 66264.1085(c).
(3) A record for each inspection required by section 66264.1085 that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection the following information: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66264.1085(f), the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(4) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, the owner or operator shall prepare and maintain the records specified in subsection (e) of this section.
(d) The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of section 66264.1086 of this subsection shall prepare and maintain records that include the following information:
(1) Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(2) Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(e) The owner or operator using a closed-vent system and control device in accordance with the requirements of section 66264.1087 shall prepare and maintain records that include the following information:
(1) Documentation for the closed-vent system and control device that includes:
(A) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in subsection (e)(1)(B) of this section or by performance tests as specified in subsection (e)(1)(C) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur.
(B) If a design analysis is used, then design documentation as specified in section 66264.1035(b)(4). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with section 66264.1035(b)(4)(C) and certification by the owner or operator that the control equipment meets the applicable specifications.
(C) If performance tests are used, then a performance test plan as specified in section 66264.1035(b)(3) and all test results.
(D) Information as required by sections 66264.1035(c)(1) and 66264.1035(c)(2), as applicable.
(E) An owner or operator shall record, on a semiannual basis, the information specified in subsections (e)(1)(E)1. and (e)(1)(E)2. of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of section 66264.1087(c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
2. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of section 66264.1087 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable, due to planned routine maintenance.
(F) An owner or operator shall record the information specified in subsections  (e)(1)(F)1. through (e)(1)(F)3. of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of section 66264.1087 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. The occurrence and duration of each malfunction of the control device system.
2. The duration of each period during a malfunction when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning.
3. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.
(G) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with section 66264.1087(c)(3)(B).
(f) The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of section 66264.1082(c) shall prepare and maintain the following records, as applicable:
(1) For tanks, surface impoundments, and containers exempted under the hazardous waste organic concentration conditions specified in section 66264.1082(c)(1) or sections 66264.1082(c)(2)(A) through (c)(2)(F), the owner or operator shall record the information used for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of section 66264.1083.
(2) For tanks, surface impoundments, or containers exempted under the provisions of section 264.1082(c)(2)(G) or section 66264.1082(c)(2)(H), the owner or operator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.
(g) An owner or operator designating a cover as "unsafe to inspect and monitor" pursuant to section 66264.1084(l) or section 66264.1085(g) shall record in a log that is kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as "unsafe to inspect and monitor," the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.
(h) The owner or operator of a facility that is subject to this article and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this article by documentation either pursuant to this article, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section.
(i) For each tank or container not using air emission controls specified in sections 66264.1084 through 66264.1087 in accordance with the conditions specified in section 66264.1080(d), the owner or operator shall record and maintain the following information:
(1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in section 66264.1080(d)(1).
(2) A description of how the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section are managed at the facility in tanks and containers. This description shall include:
(A) For the tanks used at the facility to manage this hazardous waste, sufficient information shall be provided to describe for each tank: A facility identification number for the tank; the purpose and placement of this tank in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to describe: A facility identification number for the container or group of containers; the purpose and placement of this container, or group of containers, in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste handled in the containers.
(3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section in the tanks and containers as described in subsection (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under sections 66264.1084 through 66264.1087, are installed and operated on these waste management units. This explanation shall include the following information:
(A) For tanks used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the containers would affect the container design features and handling procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the containers; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(j) For each hazardous waste management unit not using air emission controls specified in sections 66264.1084 through 66264.1087 in accordance with the requirements of section 66264.1080(b)(7), the owner and operator shall record and maintain the following information:
(1) Certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
(2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or part 63 with which the waste management unit is in compliance.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1089.
 



s 66264.1090. Reporting Requirements.
 (a) Each owner or operator managing hazardous waste in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of section 66264.1082(c) shall report to the Department each occurrence when hazardous waste is placed in the waste management unit in noncompliance with the conditions specified in section 66264.1082 (c)(1) or (c)(2), as applicable. Examples of such occurrences include placing in the waste management unit a hazardous waste having an average VO concentration equal to or greater than 500 ppmw at the point of waste origination; or placing in the waste management unit a treated hazardous waste of which the organic content has been reduced by an organic destruction or removal process that fails to achieve the applicable conditions specified in section 66264.1082(c)(2)(A) through (c)(2)(F). The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
(b) Each owner or operator using air emission controls on a tank in accordance with the requirements section 66264.1084(c) shall report to the Department each occurrence when hazardous waste is managed in the tank in noncompliance with the conditions specified in section 66264.1084(b). The owner or operator shall submit a written report within 15 calendar days of the time that the owner or operator becomes aware of the occurrence. The written report shall contain the EPA identification number, facility name and address, a description of the noncompliance event and the cause, the dates of the noncompliance, and the actions taken to correct the noncompliance and prevent recurrence of the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
(c) Each owner or operator using a control device in accordance with the requirements of section 66264.1087 shall submit a semiannual written report to the Department excepted as provided for in subsection (d) of this section. The report shall describe each occurrence during the previous 6-month period when either:
(1) A control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in section 66264.1035(c)(4); or
(2) A flare is operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in section 66264.1033(d). The report shall describe each occurrence during the previous 6-month period when a control device is operated continuously for 24 hours or longer in noncompliance with the applicable operating values defined in section 66264.1035(c)(4) or when a flare is operated with visible emissions as defined in section 66264.1033(d). The written report shall include the EPA identification number, facility name and address, and an explanation why the control device could not be returned to compliance within 24 hours, and actions taken to correct the noncompliance. The report shall be signed and dated by an authorized representative of the owner or operator.
(d) A report to the Department in accordance with the requirements of subsection (c) of this section is not required for a 6-month period during which all control devices subject to this article are operated by the owner or operator such that:
(1) During no period of 24 hours or longer did a control device operate continuously in noncompliance with the applicable operating values defined in section 66264.1035(c)(4); and
(2) No flare was operated with visible emissions for 5 minutes or longer in a two-hour period, as defined in section 66264.1033(d).
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 264.1090.
 



s 66264.1100. Applicability.
The requirements of this article apply to owners or operators who store or treat hazardous waste in units designed and operated under section 66264.1101. These provisions will become effective on February 18, 1993, although an owner or operator may notify the Department of the owner's or operator's intent to be bound by this article at an earlier time. The owner or operator is not subject to the definition of land disposal in section 66260.10 provided that the unit:
(a) Is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls;
(b) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit;
(c) If the unit is used to manage liquids, has:
(1) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;
(2) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest practicable time, unless the unit has been granted a variance from the secondary containment system requirements under section 66264.1101(b)(4);
(d) Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in section 66264.1101(c)(1)(D); and
(e) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 264.1100. 
  
 



s 66264.1101. Design and Operating Standards.
 (a) All containment buildings shall comply with the following design standards:
(1) The containment buildings shall be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g., precipitation, wind, runon), and to assure containment of managed wastes.
(2) The floor and containment walls of the unit, including the secondary containment system, if required under subsection (b) of this section, shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The Department will consider standards established by professional organizations generally recognized by the industry, such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM), in judging the structural integrity requirements of this subsection. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet the following criteria:
(A) They provide an effective barrier against fugitive dust emissions under subsection (c)(1)(D); and
(B) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.
(3) Incompatible hazardous wastes or treatment reagents shall not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.
(4) A containment building shall have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.
(b) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination, or other appropriate means), the owner or operator shall include:
(1) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (e.g. a geomembrane covered by a concrete wear surface).
(2) A liquid collection and removal system to minimize the accumulation of liquid on the primary barrier of the containment building;
(A) The primary barrier shall be sloped to drain liquids to the associated collection system;
(B) Liquids and waste shall be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time.
(3) A secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.
(A) The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum:
1. Constructed with a bottom slope of 1 percent or more; and
2. Constructed of a granular drainage material with a hydraulic conductivity of 1X10<<super>>-2 cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3X10<<super>>-5 m<<super>>2 /sec or more.
(B) If treatment is to be conducted in the building, an area in which such treatment will be conducted shall be designed to prevent the release of liquids, wet materials, or liquid aerosols to other portions of the building.
(C) The secondary containment system shall be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building. (Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, provided it meets the requirements of section 66264.193(d)(1). In addition, the containment building shall meet the requirements of section 66264.193(b) and sections 66264.193(c)(1) and (2) to be considered an acceptable secondary containment system for a tank.)
(c) Owners or operators of all containment buildings shall:
(1) Use controls and practices to ensure containment of the hazardous waste within the unit; and, at a minimum:
(A) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier;
(B) Maintain the level of the stored/treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded;
(C) Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area shall be designated to decontaminate equipment and any rinsate shall be collected and properly managed; and
(D) Take measures to control fugitive dust emissions such that any openings  (doors, windows, vents, cracks, etc.) exhibit no visible emissions (see 40 CFR part 60, appendix A, Method 22--Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares). In addition, all associated particulate collection devices (e.g., fabric filter, electrostatic precipitator) shall be operated and maintained with sound air pollution control practices (see 40 CFR part 60 subpart 292 for guidance). This state of no visible emissions shall be maintained effectively at all times during routine operating and maintenance conditions, including when vehicles and personnel are entering and exiting the unit;
(2) Obtain certification by a qualified  registered professional engineer that the containment building design meets the requirements of paragraphs (a) through (c) of this section. For units placed into operation prior to February 18, 1993, this certification shall be placed in the facility's operating record (on-site files for generators who are not formally required to have operating records) no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit.
(3) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, the owner or operator shall repair the condition promptly, in accordance with the following procedures.
(A) Upon detection of a condition that has lead to a release of hazardous waste (e.g., upon detection of leakage from the primary barrier) the owner or operator shall:
1. Enter a record of the discovery in the facility operating record;
2. Immediately remove the portion of the containment building affected by the condition from service;
3. Determine what steps shall be taken to repair the containment building, remove any leakage from the secondary collection system, and establish a schedule for accomplishing the cleanup and repairs; and
4. Within 7 days after the discovery of the condition, notify the Department of the condition, and within 14 working days, provide a written notice to the Department with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work.
(B) The Department will review the information submitted, make a determination regarding whether the containment building shall be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing;
(C) Upon completing all repairs and cleanup the owner or operator shall notify the Department in writing and provide a verification signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subsection (c)(3)(A)4;
(4) Inspect and record in the facility's operating record, at least once every seven days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.
(d) For containment buildings that contain areas both with and without secondary containment, the owner or operator shall:
(1) Design and operate each area in accordance with the requirements enumerated in paragraphs (a) through (c) of this subsection;
(2) Take measures to prevent the release of liquids or wet materials into areas without secondary containment; and
(3) Maintain in the facility's operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.
(e) Notwithstanding any other provision of this article, the Department may waive requirements for secondary containment for a permitted containment building where the owner/operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 264.1101. 
  

 



s 66264.1102. Closure and Post-Closure Care.
 (a) At closure of a containment building, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.,) contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings shall meet all of the requirements specified in articles 7 and 8 of this chapter.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in paragraph (a) of this subsection, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (section 66264.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 264.1102. 
  
 



s 66264.1103 - 66264.1110. [Reserved]
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code: 40 CFR Sections 264.1102 and 264.1103-1110.

 



s 66265.1. Purpose, Scope, and Applicability.
 (a) The purpose of this chapter is to establish minimum standards that define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.
(b) Except as provided in section 66265.1080(b), the standards of this chapter, and of article 15.5 of chapter 14 of this division, apply to owners and operators of facilities that transfer, treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under Health and Safety Code section 25200.5 and section 66270.10 of this division until either a permit is issued under Health and Safety Code section 25200 or until applicable closure and post-closure responsibilities specified in this chapter are fulfilled, and those owners and operators of facilities in existence on November 19, 1980 who have failed to provide timely notification as required by 42 U.S.C. section 6930(a) and/or failed to file Part A of the permit application as required by section 66270.10(e) and (g). These standards apply to all transfer, treatment, storage and disposal of hazardous waste at these facilities, except as specifically provided otherwise in this chapter or chapters 11, 12 or 13 of this division.
(c) Notwithstanding subsection (b), no facility shall operate under interim status if the owner or operator has failed to file Part A of the permit application as required by section 66270.10(e) and (g). A facility operating under interim status shall not:
(1) manage hazardous wastes which are not specified in Part A of the permit application;
(2) employ processes not described in Part A of the permit application; or
(3) exceed the design capacities specified in Part A of the permit application.
(d) The requirements of this chapter do not apply to:
(1) a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Federal Marine Protection, Research, and Sanctuaries Act (33 U.S.C. section 1401, et. seq). Such person shall comply with the requirements of this chapter when transferring, treating or storing hazardous waste before it is loaded onto an ocean vessel for incineration or disposal at sea, as provided in subsection (b) of this section;
(2) [reserved];
(3) the owner or operator of a POTW which transfers, treats, stores, or disposes of hazardous waste;
(4) [reserved];
(5) [reserved];
(6) the owner or operator of a facility managing recyclable materials described in section 66261.6(a)(2)(B) of this division (except to the extent they are referred to in article 8 of chapter 16 of this division);
(7) a generator accumulating waste on-site in compliance with section 66262.34 of this division, except to the extent the requirements are included in section 66262.34 of this division;
(8) a farmer disposing of waste pesticides from the farmer's own use in compliance with section 66262.70 of this division;
(9) [reserved];
(10) [reserved];
(11)(A) except as provided in subsection (d)(11)(B) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations:
1. a discharge of a hazardous waste;
2. an imminent and substantial threat of a discharge of a hazardous waste;
3. a discharge of a material which, when discharged, becomes a hazardous waste;
(B) an owner or operator of a facility otherwise regulated by this chapter shall comply with all applicable requirements of articles 3 and 4 of this chapter;
(C) any person who is covered by subsection (d)(11)(A) of this section and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chapter 21 of this division for those activities.
(12) a transporter storing manifested shipments of hazardous waste in containers at a transfer facility, or a transfer facility storing manifested shipments of hazardous waste in containers, for six days or less, or 10 days or less for transfer facilities in areas zoned industrial by the local planning authority, and meeting the requirements of sections 66262.30 and 66263.18;
(13) the addition of absorbent material to waste in a container (as defined in section 66260.10 of this division) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and sections 66265.17(b), 66265.171, and 66265.172 are complied with;
(14) persons managing hazardous waste in a hazardous waste management unit not subject to 40 CFR Part 265 (incorporated by reference in section 66260.11 of this division) pursuant to an exemption in 40 CFR section 265.1(c), if the waste managed in that unit is identified as a hazardous waste solely because it exhibits the characteristic of toxicity set forth in section 66261.24(a)(1) of this division.
(15) Persons who manage universal waste. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.
(e) The owner or operator of a facility under subsections (d)(1) through (3) of this section shall be subject to the requirements of chapter 14 of this division to the extent they are included in a permit granted to such a person under 40 CFR Part 122 or under Subchapter H (commencing with Part 220) of chapter I of 40 CFR.
(f) The following hazardous wastes shall not be managed at facilities subject to regulation under this chapter:
(1) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027 unless:
(A) the wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;
(B) the waste is stored in tanks or containers;
(C) the waste is stored or treated in waste piles that meet the requirements of section 66264.250(c) as well as all other applicable requirements of article 12 of this chapter;
(D) the waste is burned in incinerators that are certified pursuant to the standards and procedures in section 66265.352; or
(E) the waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in section 66265.383.
(g) The requirements of this chapter apply to owners or operators of all facilities which transfer, treat, store or dispose of hazardous waste referred to in chapter 18 of this division, and the chapter 18 standards are considered material conditions or requirements of the chapter 15 interim status standards.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25159,  25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25150, 25159, 25159.5, 25200.5, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 265.1. 
  
 



s 66265.2. Compliance Schedule for Changes During Interim Status.
The owner or operator of a hazardous waste facility who has operated pursuant to a grant of interim status on or before the effective date of this division and is required to comply with the provisions of this chapter, shall submit a request for change(s) in the facility pursuant to chapter 20, article 7 of this division to the Department within 180 days of the effective date of this division. The request shall describe the exact change(s) to be made to the facility to comply with the provisions of this chapter. The owner or operator of such a facility shall implement the approved change(s) according to a schedule of compliance established by the Department.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25200.5, Health and Safety Code. 
  
 



s 66265.4. Enforcement Actions.
In addition to bringing an enforcement action pursuant to chapter 6.5 of division 20 commencing with section 25100 of the Health and Safety Code, the Department may take or secure actions pursuant to Health and Safety Code section 25358.3.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5, 25180.5 through 25196.6 and 25358.3, Health and Safety Code; 40 CFR Section 265.4. 
  
 



s 66265.10. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.10. 
  
 



s 66265.11. Identification Number.
Every facility owner or operator shall apply to the Department for an Identification Number in accordance with the Department's notification procedures.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.11. 
  
 



s 66265.12. Required Notices.
 (a)(1) The owner or operator of a facility that has arranged to receive hazardous waste from a foreign source shall notify the Department in writing at least four weeks in advance of the date the waste is expected to arrive at the facility. The notification shall be sent to the Import /Export Coordinator, Department of Toxic Substances Control, Hazardous Waste Management Program, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205. Notice of subsequent shipments of the same waste from the same foreign source is not required.
(2) The owner or operator of a recovery facility that has arranged to receive hazardous waste subject to the requirements of 40 CFR Part 262, Subpart H or this article shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460 and to the competent authorities of all other concerned countries within three working days of receipt of the shipment. The original of the signed tracking document shall be maintained at the facility for at least three years.
(b) The owner or operator of a facility that receives hazardous waste from an off-site source (except where the owner or operator is also the generator) shall inform the generator in writing that the owner or operator has the appropriate interim status for, and will accept, the waste the generator is shipping. The owner or operator shall keep a copy of this written notice as part of the operating record.
(c)(1) Before transferring ownership or operation of a facility during its operating life, or of a disposal facility during the post-closure care period, the owner or operator shall notify the new owner or operator in writing of the requirements of this chapter and chapter 20 of this division. (Also see section 66270.72 of this division.)
(2) An owner's or operator's failure to notify the new owner or operator of the requirements of this chapter shall not relieve the new owner or operator of the obligation to comply with all applicable requirements.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.12. 
  
 



s 66265.13. General Waste Analysis.
 (a)(1) Before an owner or operator transfers, treats, stores, or disposes of any hazardous waste, or non-hazardous waste if applicable under section 66265.113(d), the owner or operator shall obtain a detailed chemical and physical analysis of a representative sample of the waste. At a minimum, this analysis shall contain all the information which must be known to transfer, treat, store, or dispose of the waste in accordance with the requirements of this chapter and chapter 18 of this division.
(2) The analysis may include data developed under chapter 11 of this division, and existing published or documented data on the hazardous waste or on hazardous waste generated from similar processes.
(A) The facility's record of analyses performed on the waste before the effective date of these regulations, or studies conducted on hazardous waste generated from processes similar to that which generated the waste to be managed at the facility, may be included in the data base required to comply with subsection (a)(1) of this section.
(B) The owner or operator of an off-site facility may arrange for the generator of the hazardous waste to supply part or all of the information required by subsection (a)(1) of this section, except as otherwise specified in section 66268.7(b) and (c).
(3) If the generator does not supply the information as specified in subsection (a)(2)(B) of this section, and the owner or operator chooses to accept a hazardous waste, the owner or operator shall obtain the information required to comply with this section.
(4) The analysis shall be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis shall be repeated:
(A) when the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous waste, or non-hazardous waste, if applicable under section 66265.113(d), has changed; and
(B) for off-site facilities, when the results of the inspection required in subsection (a)(5) of this section indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.
(5) The owner or operator of an off-site facility shall inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.
(b) The owner or operator shall develop and follow a written waste analysis plan which describes the procedures which the owner or operator will carry out to comply with subsection (a) of this section. The owner or operator shall keep this plan at the facility. At a minimum, the plan shall specify:
(1) the parameters for which each hazardous waste, or non-hazardous waste if applicable under section 66265.113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (a) of this section);
(2) the test methods which will be used to test for these parameters;
(3) the sampling and sampling management methods which will be used to obtain a representative sample of the waste to be analyzed. The sampling, planning methodology, equipment, sample processing, documentation and custody procedures shall be in accordance with either:
(A) one of the sampling methods described in Appendix I of chapter 11 of this division; or
(B) an equivalent sampling method.
(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date;
(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and
(6) where applicable, the methods which will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 66265.193, 66265.200, 66265.225, 66265.252, 66265.273, 66265.314, 66265.341, 66265.375, 66265.402, 66265.1034(d), 66265.1063(d), 66265.1084 and 66268.7 of this division.
(7) For owners and operators seeking an exemption to the air emission standards of article 30 in accordance with section 66265.1083:
(A) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption.
(B) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.
(c) For off-site facilities, the waste analysis plan required in subsection (b) of this section shall also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan shall describe:
(1) the procedures which will be used to determine the identity of each movement of waste managed at the facility; and
(2) the sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.
(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.13. 
  
 



s 66265.14. Security.
 (a) The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock onto the active portion of the facility, unless the owner or operator can demonstrate to the Department that:
(1) physical contact with the waste, structures, or equipment within the active portion of the facility will not injure unknowing or unauthorized persons or livestock which may enter the active portion of a facility, and
(2) disturbance of the waste or equipment, by the unknowing or unauthorized entry of persons or livestock onto the active portion of a facility, will not cause a violation of the requirements of this chapter.
(b) Unless the owner or operator has made a successful demonstration under subsection (a)(1) and (2) of this section, a facility shall have:
(1) a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry onto the active portion of the facility; or
(2)(A) an artificial or natural barrier (e.g., a fence in good repair or a fence combined with a cliff), which completely surrounds the active portion of the facility; and
(B) a means to control entry, at all times, through the gates or other entrances to the active portion of the facility (e.g., an attendant, television monitors, locked entrance, or controlled roadway access to the facility).
(3) The requirements of subsection (b)(1) or (2) of this section shall be satisfied if the facility or plant within which the active portion is located itself has a surveillance system, or a barrier and a means to control entry, which complies with the requirements of subsection (b)(1) or (2) of this section.
(c) Unless the owner or operator has made a successful demonstration under subsections (a)(1) and (a)(2) of this section, a sign with the legend, "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out," shall be posted at each entrance to the active portion of a facility, and at other locations, in sufficient numbers to be seen from any approach to this active portion. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the facility, and shall be legible from a distance of at least 25 feet. Existing signs with a legend other than "Danger Hazardous Waste Area -Unauthorized Personnel Keep Out" may be used if the legend on the sign indicates that only authorized personnel are allowed to enter the active portion, and that entry onto the active portion can be dangerous.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.14. 
  
 



s 66265.15. General Inspection Requirements.
 (a) The owner or operator shall inspect the facility for malfunctions and deterioration, operator errors, and discharges which may be causing or may lead to: (1) release of hazardous waste constituents to the environment; or (2) a threat to human health. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment.
(b)(1) The owner or operator shall develop and follow a written schedule for inspecting all monitoring equipment, safety and emergency equipment, security devices, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards.
(2) The owner or operator shall keep this schedule at the facility.
(3) The schedule shall identify the types of problems (e.g., malfunctions or deterioration) which are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, eroding dike, etc.).
(4) The frequency of inspection may vary for the items on the schedule. However, it should be based on the rate of possible deterioration of the equipment and the probability of an environmental or human health incident if the deterioration, or malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, shall be inspected daily when in use. At a minimum, the inspection schedule shall include the items and frequencies called for in sections 66265.174, 66265.193, 66265.195, 66265.226, 66265.260, 66265.278, 66265.304, 66265.347, 66265.377, 66265.403, 66265.1033, 66265.1052, 66265.1053, and 66265.1058, where applicable.
(c) The owner or operator shall remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action shall be taken immediately.
(d) The owner or operator shall record inspections in an inspection log or summary. The owner or operator shall keep these records for at least three years from the date of inspection. At a minimum, these records shall include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.15. 
  
 



s 66265.16. Personnel Training.
 (a)(1) Facility personnel shall successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of this chapter. The owner or operator shall ensure that this program includes all the elements described in the document required under subsection (d)(3) of this section.
(2) This program shall be directed by a person trained in hazardous waste management procedures, and shall include instruction which teaches facility personnel hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.
(3) At a minimum, the training program shall be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:
(A) procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
(B) key parameters for automatic waste feed cut-off systems;
(C) communications or alarm systems;
(D) response to fires or explosions;
(E) response to ground-water contamination incidents; and
(F) shutdown of operations.
(b) Facility personnel shall successfully complete the program required in subsection (a) of this section within six months after the date of their employment or assignment to a facility, or to a new position at a facility. Employees hired after the effective date of these regulations shall not work in unsupervised positions until they have completed the training requirements of subsection (a) of this section.
(c) Facility personnel shall take part in an annual review of the initial training required in subsection (a) of this section.
(d) The owner or operator shall maintain the following documents and records at the facility:
(1) the job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job;
(2) a written job description for each position listed under subsection (d)(1) of this section. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location or bargaining unit, but shall include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position;
(3) a written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed under subsection (d)(1) of this section;
(4) records that document that the training or job experience required under subsections (a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(e) Training records on current personnel shall be kept until closure of the facility. Training records on former employees shall be kept for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.16. 
  
 



s 66265.17. General Requirements for Ignitable, Reactive, or Incompatible Wastes.
 (a) The owner or operator shall take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste shall be separated and protected from sources of ignition or reaction including but not limited to: Open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs shall be conspicuously placed wherever there is a hazard from ignitable or reactive waste.
(b) Where specifically required by other sections of this chapter, the transfer, treatment, storage, or disposal of ignitable or reactive waste, and the mixture or commingling of incompatible wastes, or incompatible wastes and materials, shall be conducted so that it does not:
(1) generate extreme heat or pressure, fire or explosion, or violent reaction;
(2) produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment;
(3) produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(4) damage the structural integrity of the device or facility containing the waste; or
(5) through other like means threaten human health or the environment.
(c) When required to comply with subsection (a) or (b) of this section, the owner or operator shall document that compliance. This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses (as specified in section 66265.13) or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.17. 
  
 



s 66265.18. Location Standards.
 (a) The placement of any hazardous waste in a salt dome, salt bed formation, underground mine or cave is prohibited.
(b) A facility located in a 100-year floodplain or within the maximum high tide shall be designed, constructed, operated and maintained to prevent washout of any hazardous waste by a 100-year flood or maximum high tide, unless the owner or operator can demonstrate to the Department's satisfaction that procedures are in effect which will cause the waste to be removed safely, before flood waters can reach the facility, to a location where the wastes will not be vulnerable to flood or tide waters.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.18. 
  
 



s 66265.19. Construction Quality Assurance Program.
 (a) CQA program. (1) A construction quality assurance (CQA) program is required for all surface impoundment, waste pile, and landfill units that are required to comply with sections 66265.221(a), 66265.254, and 66265.301(a). The program shall ensure that the constructed unit meets or exceeds all design criteria and specifications in the permit. The program shall be developed and implemented under the direction of a CQA officer who is a California state registered professional Civil engineer.
(2) The CQA program shall address the following physical components, where applicable:
(A) Foundations;
(B) Dikes;
(C) Low-permeability soil liners;
(D) Geomembrane (flexible membrane liners);
(E) Leachate collection and removal systems and leak detection systems; and
(F) Final cover systems.
(b) Written CQA plan. Before construction begins on a unit subject to the CQA program under subsection (a) of this section, the owner or operator shall develop a written CQA plan. The plan shall identify steps that will be used to monitor and document the quality of materials and the condition and manner of their installation. The CQA plan shall include:
(1) Identification of applicable units, and a description of how they will be constructed.
(2) Identification of key personnel in the development and implementation of the CQA plan, and CQA officer qualifications.
(3) A description of inspection and sampling activities for all unit components identified in subsection (a)(2) of this section, including observations and tests that will be used before, during, and after construction to ensure that the construction materials and the installed unit components meet the design specifications. The description shall cover: Sampling size and locations; frequency of testing; data evaluation procedures; acceptance and rejection criteria for construction materials; plans for implementing corrective measures; and data or other information to be recorded and retained in the operating record under section 66265.73.
(c) Contents of program. (1) The CQA program shall include observations, inspections, tests, and measurements sufficient to ensure:
(A) Structural stability and integrity of all components of the unit identified in subsection (a)(2) of this section;
(B) Proper construction of all components of the liners, leachate collection and removal system, leak detection system, and final cover system, according to permit specifications and good engineering practices, and proper installation of all components (e.g., pipes) according to design specifications;
(C) Conformity of all materials used with design and other material specifications under sections 66264.221, 66264.251, and 66264.301 of this chapter.
(2) The CQA program shall include test fills for compacted soil liners, using the same compaction methods as in the full-scale unit, to ensure that the liners are constructed to meet the hydraulic conductivity requirements of sections 66264.221(c)(1), 66264.251(c)(1), and 66264.301(c)(1) of this chapter in the field. Compliance with the hydraulic conductivity requirements shall be verified by using in-situ testing on the constructed test fill. The test fill requirement is waived where data are sufficient to show that a constructed soil liner meets the hydraulic conductivity requirements of sections 66264.221(c)(1), 66264.251(c)(1), and 66264.301(c)(1) of this chapter in the field.
(d) Certification. The owner or operator of units subject to section 66265.19 shall submit to the Department by certified mail or hand delivery, at least 30 days prior to receiving waste, a certification signed by the CQA officer that the CQA plan has been successfully carried out and that the unit meets the requirements of sections 66265.221(a), 66265.254, or 66265.301(a). The owner or operator may receive waste in the unit after 30 days from the Department's receipt of the CQA certification unless the Department determines in writing that the construction is not acceptable, or extends the review period for a maximum of 30 more days, or seeks additional information from the owner or operator during this period. Documentation supporting the CQA officer's certification shall be furnished to the Department upon request.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.19. 
  
 



s 66265.25. Seismic and Precipitation Design Standards.
 (a) Except as provided by section 66265.192, facilities subject to this chapter and all cover systems and drainage control systems required by this chapter shall be designed to function without failure when subjected to capacity, hydrostatic and hydrodynamic loads resulting from a 24-hour probable maximum precipitation storm.
(b) The following shall be designed, constructed and maintained to withstand the maximum credible earthquake without the level of public health and environmental protection afforded by the original design being decreased:
(1) all surface impoundments, waste piles, landfills and land treatment facilities subject to this chapter; and
(2) all covers and cover systems required by this chapter and all containment and control features which will remain after closure at permanent hazardous waste disposal areas.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66265.30. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.30. 
  
 



s 66265.31. Maintenance and Operation of Facility.
Facilities shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.31. 
  
 



s 66265.32. Required Equipment.
All facilities shall be equipped with the following, unless it can be demonstrated to the Department that none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below:
(a) an internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(b) a device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
(c) portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
(d) water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems .
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.32. 
  
 



s 66265.33. Testing and Maintenance of Equipment.
All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, shall be tested and maintained as necessary to assure its proper operation in time of emergency.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.33. 
  
 



s 66265.34. Access to Communications or Alarm System.
 (a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless the Department has ruled that such a device is not required under section 66265.32.
(b) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless the Department has ruled that such a device is not required under section 66265.32.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 256.34. 
  
 



s 66265.35. Required Aisle Space.
The owner or operator shall maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless it can be demonstrated to the Department that aisle space is not needed for any of these purposes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.35. 
  
 



s 66265.37. Arrangements with Local Authorities.
 (a) The owner or operator shall attempt to make the following arrangements, as appropriate, for the type of waste handled at the facility and the potential need for the services of these organizations:
(1) arrangements to familiarize police, fire departments, emergency response teams, and the local Office of Emergency Services with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;
(2) where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(3) agreements with State emergency response teams, emergency response contractors, and equipment suppliers; and
(4) arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(b) Where State or local authorities decline to enter into such arrangements, the owner or operator shall document the refusal in the operating record.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.37. 
  
 



s 66265.50. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.50. 
  
 



s 66265.51. Purpose and Implementation of Contingency Plan.
 (a) Each owner or operator shall have a contingency plan for the facility. The contingency plan shall be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.
(b) The provisions of the plan shall be carried out immediately whenever there is a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.51. 
  
 



s 66265.52. Content of Contingency Plan.
 (a) The contingency plan shall describe the actions facility personnel shall take to comply with sections 66265.51 and 66265.56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water at the facility.
(b) If the owner or operator has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR Part 112, or 40 CFR Part 1510, or some other emergency or contingency plan, the owner or operator need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this chapter.
(c) The plan shall describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and State and local emergency response teams to coordinate emergency services, pursuant to section 66265.37.
(d) The plan shall list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see section 66265.55), and this list shall be kept up to date. Where more than one person is listed, one shall be named as primary emergency coordinator and others shall be listed in the order in which they will assume responsibility as alternates.
(e) The plan shall include a list of all emergency equipment at the facility  (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list shall be kept up to date. In addition, the plan shall include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(f) The plan shall include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
(g) The plan shall include the current telephone number of the State Office of Emergency Services.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.52. 
  
 



s 66265.53. Copies of Contingency Plan.
 A copy of the contingency plan and all revisions to the plan shall be:
(a) maintained at the facility; and
(b) submitted to all local police departments, fire departments, hospitals, and State and local emergency response teams that may be called upon to provide emergency services.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.53. 
  
 



s 66265.54. Amendment of Contingency Plan.
The contingency plan shall be reviewed, and immediately amended, if necessary, whenever:
(a) applicable regulations are revised;
(b) the plan fails in an emergency;
(c) the facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency;
(d) the list of emergency coordinators changes; or
(e) the list of emergency equipment changes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.54. 
  
 



s 66265.55. Emergency Coordinator.
At all times, there shall be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator shall be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person shall have the authority to commit the resources needed to carry out the contingency plan.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.55. 
  
 



s 66265.56. Emergency Procedures.
 (a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or the emergency coordinator's designee when the emergency coordinator is on call) shall immediately:
(1) activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(2) notify appropriate State or local agencies with designated response roles if their help is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator shall immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator shall assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment shall consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, the emergency coordinator shall report the findings as follows.
(1) If the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator shall immediately notify appropriate local authorities. The emergency coordinator shall be available to help appropriate officials decide whether local areas should be evacuated; and
(2) The emergency coordinator shall, in every situation, immediately notify the State Office of Emergency Services. The report shall include:
(A) name and telephone number of reporter;
(B) name and address of facility;
(C) time and type of incident (e.g., release, fire);
(D) name and quantity of material(s) involved, to the extent known;
(E) the extent of injuries, if any; and
(F) the possible hazards to human health, or the environment, outside the facility.
(e) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operations, collecting and containing released waste, and removing or isolating containers.
(f) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator shall provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the owner or operator can demonstrate, in accordance with section 66261.3(c) or (d) of this division, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12, 13, and 15 of this division.
(h) The emergency coordinator shall ensure that, in the affected area(s) of the facility:
(1) no waste that may be incompatible with the released material is transferred, treated, stored, or disposed of until cleanup procedures are completed; and
(2) all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(i) The owner or operator shall notify the Department, and appropriate State and local authorities, that the facility is in compliance with subsection (h) of this section before operations are resumed in the affected area(s) of the facility.
(j) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Department. The report shall include:
(1) name, address, and telephone number of the owner or operator;
(2) name, address, and telephone number of the facility;
(3) date, time, and type of incident (e.g., fire, explosion);
(4) name and quantity of material(s) involved;
(5) the extent of injuries, if any;
(6) an assessment of actual or potential hazards to human health or the environment, where this is applicable; and
(7) estimated quantity and disposition of recovered material that resulted from the incident.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.56. 
  

 



s 66265.70. Applicability.
 (a) The regulations in this article apply to owners and operators of both on-site and off-site facilities, except as section 66265.1 provides otherwise. Sections 66265.71, 66265.72, and 66265.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources.
(b) Compliance with the revisions to the Manifest form and procedures announced in the regulation published by U.S.EPA on March 4, 2005 and by the department on August 24, 2006, shall not be required until on and after September 5, 2006.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.70. 
  
 



s 66265.71. Use of Manifest System.
 (a)(1) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or the facility's agent, shall sign and date each copy of the manifest as indicated in paragraph (a)(2) of this section to certify that the hazardous waste covered by the manifest was received, that the hazardous waste was received except as noted in the discrepancy space of the manifest, or that the hazardous waste was rejected as noted in the manifest discrepancy space.
(2) If a facility receives a hazardous waste shipment accompanied by a manifest, including a facility located out of state, the owner, operator or the facility's agent shall:
(A) sign and date, by hand, each copy of the manifest;
(B) note any significant discrepancies in the manifest (as defined in section 66265.72, subsection (a)) on each copy of the manifest, and enter the most appropriate Hazardous Waste Report Management Method codes for each waste listed on the manifest from the list published in the most recent Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B) and shown in Appendix II of chapter 14.
(C) immediately give the transporter at least one copy of the signed manifest;
(D) within 30 days after the delivery, send a copy of the manifest to the generator;
(E) retain at the facility a copy of each manifest for at least three years from the date of delivery;
(F) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest used. The facility manifest copy shall be submitted to the department for every shipment on a manifest when California is either the generator state or the destination state. The facility manifest copy shall be mailed to:
DTSC Facility Manifests
 
P.O. Box 3000
 
Sacramento, CA 95812-3000
 
; and
(G) a facility shall determine whether the consignment state for a shipment regulates any additional wastes (beyond those regulated federally) as hazardous wastes under its state hazardous waste program. Facilities shall also determine whether the consignment state or generator state requires the facility to submit any copies of the manifest to these states.
(b) If a facility receives, from a rail or water (bulk shipment) transporter, hazardous waste which is accompanied by a shipping paper containing all the information required on the manifest (excluding the Identification Numbers, generator's certification, and signatures), the owner or operator, or the facility's agent, shall:
(1) sign and date each copy of the manifest or shipping paper (if the manifest has not been received) to certify that the hazardous waste covered by the manifest or shipping paper was received;
(2) note any significant discrepancies as defined in section 66265.72(a) in the manifest or shipping paper (if the manifest has not been received) on each copy of the manifest or shipping paper;
(3) immediately give the rail or water (bulk shipment) transporter at least one copy of the manifest or shipping paper (if the manifest has not been received);
(4) within 30 days after the delivery, send a copy of the signed and dated manifest or a signed and dated copy of the shipping paper (if the manifest has not been received within 30 days after delivery) to the generator;
(5) within 30 days of each receipt of hazardous waste submit to the Department a legible copy of each manifest or shipping paper (if the manifest has not been received) used; and
(6) retain at the facility a copy of the manifest and shipping paper (if signed in lieu of the manifest at the time of delivery) for at least three years from the date of delivery.
(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility shall comply with the requirements of chapter 12 of this division.
(d) In addition to submitting a copy of the manifest to the department, if a facility receives federally regulated hazardous waste imported from a foreign source, the receiving facility shall mail a copy of the manifest to the following address within 30 days of delivery: International Compliance Assurance Division, OFA/OECA (2254A), U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
(e) Within three working days of the receipt of a shipment subject to the requirements of 40 Code of Federal Regulations Part 262, Subpart H or this article, the owner or operator of facility shall provide a copy of the tracking document bearing all required signatures to the notifier, to the Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and to competent authorities of all other concerned countries. The original copy of the tracking document shall be maintained at the facility for at least three years from the date of signature.
(f) Whenever hazardous waste is received by a facility from a transporter in a vehicle or bulk container that will be removed from the facility after emptying, the transporter shall determine by inspection whether the vehicle or bulk container is empty pursuant to section 66261.7 prior to the removal of the vehicle or bulk container from the facility.
(g) If a vehicle or bulk container cannot be rendered empty pursuant to section 66261.7 by equipment and methods available at the facility, the transporter shall follow the procedure in subsection (b) of section 66263.21. If the vehicle or bulk container is not empty, the transporter shall not move the vehicle or bulk container without the designated facility preparing a new manifest for container residues pursuant to section 66265.72 or 40 Code of Federal Regulations section 265.72, if located out of state.
(h) The provisions of section 66262.34 are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of section 66262.34 only apply to owners or operators who are shipping hazardous waste which they generated at that facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.71; Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66265.72. Manifest Discrepancies.
 (a) Manifest discrepancies are:
(1) Significant differences (as defined by paragraph (b) of this section) between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives.
(2) Rejected wastes, which may be a full or partial shipment of hazardous waste that the TSDF cannot accept; or
(3) Container residues, which are residues that exceed the quantity limits for  "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division.
(b) Significant discrepancies in quantity are: For bulk waste, variations greater than 10 percent in weight; for batch waste, any variation in piece count, such as a discrepancy of one drum in a truckload. Significant discrepancies in type are obvious differences which can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid or toxic constituents not reported on the manifest or shipping paper.
(c) Upon discovering a significant discrepancy in quantity or type, the owner or operator shall attempt to reconcile the discrepancy with the waste generator or transporter (e.g., with telephone conversations). If the discrepancy is not resolved within 15 days after receiving the waste, the owner or operator shall immediately submit to the Department a letter describing the discrepancy and attempts to reconcile it, and a copy of the manifest or shipping paper at issue. Significant Discrepancy Reports should be mailed to:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
(d)(1) Upon rejecting waste or identifying a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, the facility shall consult with the generator prior to forwarding the waste to another facility that can manage the waste. If it is impossible to locate an alternative facility that can receive the waste, the facility may return the rejected waste or residue to the generator. The facility shall send the waste to the alternative facility or to the generator within the time frame specified in the permit or 60 days, whichever is shorter, of the rejection or the container residue identification. The waste shall be managed consistent with any applicable permit conditions. The waste shall be handled consistent with the requirements of section 25200.19 of the Health and Safety Code.
(2) While the facility is making arrangements for forwarding rejected wastes or residues to another facility under this section, it shall ensure that either the delivering transporter retains custody of the waste, or, the facility shall provide for secure, temporary custody of the waste, pending delivery of the waste to the first transporter designated on the manifest prepared under paragraph (e) or (f) of this section.
(e) Except as provided in paragraph (e)(7) of this section, for full or partial load rejections and residues that are to be sent off-site to an alternate facility, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the generator's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the alternate designated facility and the facility's EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. Department of Transportation description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as the offeror of the shipment, that the waste has been properly packaged, marked and labeled and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains present at the facility, the facility may forward the rejected shipment to the alternate facility by completing Item 18b of the original manifest and supplying the information on the next destination facility in the Alternate Facility space. The facility shall retain a copy of this manifest for its records, and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (e)(1), (2), (3), (4), (5), and (6) of this section.
(f) Except as provided in paragraph (f)(7) of this section, for rejected wastes and residues that shall be sent back to the generator, the facility is required to prepare a new manifest in accordance with section 66262.20, subsection (a) of this division or 40 Code of Federal Regulations section 262.20(a), if located out of state, and the following instructions:
(1) Write the facility's EPA ID number in Item 1 of the new manifest. Write the generator's name and mailing address in Item 5 of the new manifest. If the mailing address is different from the generator's site address, then write the generator's site address in the designated space for Item 5.
(2) Write the name of the initial generator and the generator's U.S. EPA ID number in the designated facility block (Item 8) of the new manifest.
(3) Copy the manifest tracking number found in Item 4 of the old manifest to the Special Handling and Additional Information Block of the new manifest, and indicate that the shipment is a residue or rejected waste from the previous shipment.
(4) Copy the manifest tracking number found in Item 4 of the new manifest to the manifest reference number line in the Discrepancy Block of the old manifest (Item 18a).
(5) Write the U.S. DOT description for the rejected load or the residue in Item 9 (U.S. DOT Description) of the new manifest and write the container types, quantity, and volume(s) of waste.
(6) Sign the Generator's/Offeror's Certification to certify, as offeror of the shipment, that the waste has been properly packaged, marked and labeled, and is in proper condition for transportation.
(7) For full load rejections that are made while the transporter remains at the facility, the facility may return the shipment to the generator with the original manifest by completing Item 18a and 18b of the manifest and supplying the generator's information in the Alternate Facility space. The facility shall retain a copy for its records and then give the remaining copies of the manifest to the transporter to accompany the shipment. If the original manifest is not used, then the facility shall use a new manifest and comply with paragraphs (f)(1), (2), (3), (4), (5), and (6) of this section.
(g) If a facility rejects a waste or identifies a container residue that exceeds the quantity limits for "empty" containers set forth in 40 Code of Federal Regulations section 261.7(b) or section 66261.7 of this division, after it has signed, dated, and returned a copy of the manifest to the delivering transporter or to the generator, the facility shall amend its copy of the manifest to indicate the rejected wastes or residues in the discrepancy space of the amended manifest. The facility shall also copy the manifest tracking number from Item 4 of the new manifest to the Discrepancy space of the amended manifest, and shall re-sign and date the manifest to certify to the information as amended. The facility shall retain the amended manifest for at least three years from the date of amendment, and shall within 30 days, send a copy of the amended manifest to the transporter and generator that received copies prior to their being amended. The facility shall submit a copy of the amended manifest within 30 days to the department at the address provided in section 66265.71, subsection (a)(2)(F).
(h) Upon discovering a discrepancy involving a hazardous waste of concern, as defined in section 66261.111(a), and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c), the owner or operator shall attempt to reconcile the reportable quantity or difference with the waste generator or transporter. If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number;
(3) Transporter(s) name(s), identification number(s), and, if available, transporter(s) registration number(s);
(4) Manifest number;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., on highway or roads, rail line, transfer station, truck stop, etc.).
(i) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (h), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it, and a copy of the manifest at issue.
(1) Owners or operators of facilities located in the counties of Los Angeles, Ventura, Santa Barbara, San Bernardino, Orange, Riverside, San Diego, or Imperial shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Glendale Branch, 1011 North Grandview Avenue, Glendale, California 91201-2205.
(2) Owners or operators of facilities located in any other county, or out of state, shall submit the letter to the Complaint Coordinator, Department of Toxic Substances Control, Statewide Compliance Division, Northern California Branch, 8800 Cal Center Drive, Sacramento, California 95826-3200.
 
  Note: Authority cited: Sections 25150, 25159, 25169.6, 25169.7 and  25169.8, Health and Safety Code. Reference: Sections 25159, 25159.5, 25160.6, 25169.5, 25169.6, 25169.7 and 25200.19, Health and Safety Code; 40 Code of Federal Regulations Section 265.72;Hazardous Waste Report, Instructions and Forms(EPA Form 8700-13A/B); and 70 Fed. Reg. 10776 (Mar. 4, 2005), p. 10786-10787. 
  
 
 



s 66265.73. Operating Record.
 (a) The owner or operator shall keep a written operating record at the facility.
(b) The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility:
(1) a description and the quantity of each hazardous waste received, and the method(s) and date(s) of its transfer, treatment, storage, or disposal at the facility as required by Appendix I, of this chapter;
(2) the location of each hazardous waste within the facility and the quantity at each location. For disposal facilities, the location and quantity of each hazardous waste shall be recorded on a map or diagram of each cell or disposal area. For all facilities, this information shall include cross-references to specific manifest document numbers, if the waste was accompanied by a manifest;
(3) records and results of waste analysis, waste determinations, and trial tests performed as specified in sections 66265.13, 66265.200, 66265.225, 66265.252, 66265.273, 66265.314, 66265.341, 66265.375, 66265.402, 66265.1034, 66265.1063, 66265.1084, 66268.4(a), and 66268.7 of this division;
(4) summary reports and details of all incidents that require implementing the contingency plan as specified in section 66265.56(j);
(5) records and results of inspections as required by section 66265.15  (d) (except these data need be kept only three years);
(6) monitoring, testing, or analytical data, and corrective action when required by article 6 and sections 66265.19, 66265.90, 66265.94, 66265.191, 66265.193, 66265.195, 66265.222, 66265.223, 66265.226, 66265.255, 66265.259, 66265.260, 66265.276, 66265.278, 66265.280(d)(1), 66265.302 through 66265.304, 66265.347, 66265.377, 66265.1034(c) through 66265.1034(f), 66265.1035, 66265.1063(d) through 66265.1063(i),  66265.1064, and 66265.1083 through 66265.1090.
(7) all closure cost estimates under section 66265.142 and, for disposal facilities, all post-closure cost estimates under section 66265.144;
(8) records of the quantities (and date of placement) for each shipment of hazardous waste placed in land disposal units under an extension to the effective date of any land disposal restriction granted pursuant to section 66268.5, and the applicable notice required by a generator under section 66268.7(a);
(9) for an off-site treatment facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(10) for an on-site treatment facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(11) for an off-site land disposal facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(12) for an on-site land disposal facility, the information contained in the notice (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(13) for an off-site storage facility, a copy of the notice, and the certification and demonstration if applicable, required by the generator or the owner or operator under section 66268.7;
(14) for an on-site storage facility, the information contained in the notice  (except the manifest number), and the certification and demonstration if applicable, required by the generator or the owner or operator of a treatment facility under section 66268.7;
(15) for off-site facilities, notices to generators as specified in section 66265.12(b).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25208.4(c), Health and Safety Code; and 40 CFR Section 265.73. 
  
 



s 66265.74. Availability, Retention, and Disposition of Records.
 (a) All records, including plans, required under this chapter shall be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of USEPA who is duly designated by the Administrator, the Department, the State Water Resources Control Board, or a regional water quality control board.
(b) The retention period for all records required under this chapter is extended automatically during the course of any unresolved enforcement action regarding the facility or as requested by the Department or USEPA Administrator.
(c) A copy of records of waste disposal locations and quantities under section 66265.73(b)(2) shall be submitted to the Department, the appropriate regional water quality control board, and local land authority upon closure of the facility (see section 66265.119).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.74. 
  
 



s 66265.75. Annual Report.
For the Annual report on activities for 1995, only facilities that are required under Title 40 of the Code of Federal of Regulations (CFR), section 265.75 to prepare and submit this report are subject to this section for the report. This Report, due on March 1, 1996 is to be submitted on U.S. EPA form 8700- 13A/B (5-80) (8-95) provided by the Department. Facilities required to submit this report for activities conducted during 1995 are facilities which treated, stored, or disposed of RCRA hazardous waste on site in units subject to RCRA permitting requirements during 1995.
The owner or operator shall prepare and submit single copies of an annual report to the Department and the appropriate regional water quality control board by March 1 of each year. The annual report shall be submitted on forms provided by the Department EPA Form 8700-13A/B, 5-80, (Revised 11-89). The report shall cover facility activities during the previous calendar year and shall include the following information:
(a) the Identification Number, name, and address of the facility;
(b) the calendar year covered by the report;
(c) for off-site facilities, the Identification Number of each hazardous waste generator from which the facility received a hazardous waste during the year; for imported shipments, the report shall give the name and address of the foreign generator:
(d) a description, including any applicable EPA hazardous waste number from chapter 11, article 3 or 4 of this division, California Hazardous Waste Number from chapter 11, Appendix XII of this division, and DOT Hazardous class, and the quantity of each hazardous waste the facility received during the year. Wastes that are classified as non-RCRA wastes shall be described by indicating a generic name of the waste and the phrase "Non-RCRA Hazardous Waste." When possible, the generic name shall be obtained from chapter 11, Appendix X, subdivision (e) of this division. If the generic name is not listed in chapter 11, Appendix X, subdivision (e), the commonly recognized industrial name of the waste shall be used. For off-site facilities, this information shall be listed by Identification Number of each generator;
(e) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(f) monitoring data under article 6 of this chapter where required;
(g) the most recent closure cost estimate under section 66265.142, and, for disposal facilities, the most recent post-closure cost estimate under section 66265.144; and
(h) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated;
(i) for generators who transfer, treat, store, or dispose of hazardous waste on-site, a description of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years to the extent such information is available for the years prior to 1984;
(j) the certification signed by the owner or operator of the facility or the facility's authorized representative;
(k) the environmental monitoring data specified in section 66265.73;
(l) the owner or operator shall certify the following in writing for waste shipped offsite after January 1, 1990. The certification shall be attached to the Annual Report, and include the following:
(1) whether the hazardous waste shipped offsite has a heating value of 3,000 British Thermal Units per pound of waste or less, and a volatile organic compound (VOC) content of one percent or less by weight; and
(2) if the waste had a heating value or VOC content greater than that specified in subsection (l)(B)(1), that:
(A) the waste was incinerated or treated by any method that has been authorized by the Department as part of a hazardous waste facility permit issued pursuant to Health and Safety Code section 25200; or
(B) the waste is exempted from the requirements of chapter 18, article 12; or
(C) the waste was recycled; or
(D) the waste was shipped out of California for incineration, treatment, disposal or recycling.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25155.5, 25159, 25159.5 and 25244.4, Health and Safety Code; 40 CFR Section 265.75. 
  
 



s 66265.76. Unmanifested Waste Report.
 (a) If a facility accepts for transfer, treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in section 66263.20(e)(2) of this division, and if the waste is not excluded from the manifest requirement of this chapter, then the owner or operator shall prepare and submit a single copy of a report to the Department within fifteen days after receiving the waste. The unmanifested waste report shall be submitted in the form of a letter to the Department at:
DTSC Report Repository
 
Generator Information Services Section
 
P.O. Box 806
 
Sacramento, CA 95812-0806
 
Such report shall be designated 'Unmanifested Waste Report' and include the following information:
(1) the Identification Number, name, and address of the facility;
(2) the date the facility received the waste;
(3) the Identification Number, name, and address of the generator and the transporter, if available;
(4) a description and the quantity of each unmanifested hazardous waste the facility received;
(5) the method of transfer, treatment, storage, or disposal for each hazardous waste;
(6) the certification signed by the owner or operator of the facility or the facility's authorized representative; and
(7) a brief explanation of why the waste was unmanifested, if known.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 Code of Federal Regulations Section 265.76. 
  
 



s 66265.77. Additional Reports.
In addition to submitting the annual report and unmanifested waste reports described in sections 66265.75 and 66265.76, the owner or operator shall also report to the Department:
(a) releases, fires, and explosions as specified in section 66265.56(j);
(b) ground-water contamination and monitoring data as specified in sections 66265.93 and 66265.94;
(c) facility closure as specified in section 66265.115; and
(d) as otherwise required by chapter 15, articles 6 through 17, of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.77. 
  
 



s 66265.78. Reporting Hazardous Wastes of Concern Discovered To Be Missing While in Storage.
 (a) The owner or operator of a hazardous waste facility, except a facility operating under a Permit by Rule, Conditional Authorization, or Conditional Exemption, shall comply with reporting requirements set forth in this section, in the event that a hazardous waste of concern, as defined in section 66261.111(a), is discovered to be missing during storage at the facility, and the waste at issue represents a reportable quantity or a reportable difference in type, as specified in section 66261.111(b) and (c).
(b) Upon discovering that a hazardous waste of concern is missing, and the waste at issue represents a reportable quantity or a reportable difference in type, the owner or operator shall immediately attempt to reconcile the reportable quantity or difference (e.g., by reviewing facility records). If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, the owner or operator shall immediately notify the Department by calling 1-800-69-TOXIC (1-800-698-6942) and providing the following information:
(1) Facility name and identification number;
(2) Generator name and identification number, if available;
(3) Transporter name, identification number, and transporter registration number, if available;
(4) Manifest number, if available;
(5) Waste information (lines 11, 12, 13, and 14 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (as listed in Table I of the Appendix to Chapter 12, Article 7), quantity or volume of waste at issue, weight or volume units, and waste codes.
For shipments initiated on and after September 5, 2006, waste information  (Items 9b, 10, 11, 12, and 13 of the manifest), including proper shipping name, hazard class or division, identification number, packing group, number of containers, container type (found in the manifest instructions in the Appendix to chapter 12, article 8), quantity or volume of waste at issue, weight or volume units, and waste codes; and
(6) Potential locations or transportation routes where the hazardous waste of concern may have become missing (e.g., areas at the facility the waste was handled or stored or during transportation to the facility on highway or roads, by rail line, transfer station, truck stop, etc.).
(c) If the reportable quantity or difference is not reconciled within 24 hours after it was discovered, in addition to complying with subsection (b), within 5 days after discovering the reportable quantity or difference, the owner or operator shall submit to the Department a letter describing the reportable quantity or difference and attempts to reconcile it. The owner or operator shall mail the letter to the appropriate address for the county in which the facility is located, as specified in section 66265.72(i).
 
  Note: Authority cited: Sections 25169.6, 25169.7 and 25169.8, Health and Safety Code. Reference: Sections 25169.5, 25169.6 and 25169.7, Health and Safety Code; and 40 Code of Federal Regulations 262 Appendix. 
  
 



s 66265.90. Applicability.
 (a) The regulations in this article apply to owners or operators of facilities specified in section 66265.1(b). A surface impoundment, waste pile, land treatment unit or landfill that receives or has received hazardous waste after November 19, 1980 shall comply with the requirements of this article for purposes of detecting, characterizing and responding to releases to groundwater, surface water or the unsaturated zone. The Department shall require an owner or operator of a surface impoundment, waste pile, land treatment unit or landfill that ceased receiving hazardous waste by November 19, 1980 to comply with the requirements of this article if the Department determines that constituents in or derived from waste placed in the surface impoundment, waste pile, land treatment unit or landfill may pose a threat to human health or the environment. A surface impoundment, waste pile, land treatment unit or landfill required to comply with the provisions of this article is hereinafter referred to as a "regulated unit."
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.91. Required Programs and the Water Quality Sampling and Analysis Plan.
 (a) An owner or operator subject to this article shall conduct a monitoring and response program for each regulated unit at the facility as follows:
(1) the owner or operator shall institute a detection monitoring program under section 66265.98 except as required under subsections (a)(2) and (a)(3) of this section;
(2) the owner or operator shall institute an evaluation monitoring program under section 66265.99 whenever there is statistically significant evidence of a release, pursuant to section 66265.98(g) or (i) from the regulated unit during a detection monitoring program; and
(3) the owner or operator shall institute an evaluation monitoring program under section 66265.99 whenever there is significant physical evidence of a release from the regulated unit. Significant physical evidence of a release includes unexplained volumetric changes in surface impoundments, unexplained stress in biological communities, unexplained changes in soil coloration, visible signs of leachate migration, unexplained water table mounding beneath or adjacent to the regulated unit and any other change to the environment that could reasonably be expected to be the result of a release from the regulated unit.
(b) The owner or operator shall develop and follow a water quality sampling and analysis plan that satisfies the requirements of this article. The owner or operator shall submit this plan to the Department and initiate institute a water quality monitoring program required by subsection (a) of this section within 180 days of July 1, 1991. Until the water quality monitoring program is in full operation, the owner or operator shall continue to monitor in accordance with 40 CFR Part 265, Subpart F. The owner or operator shall submit all modifications to the water quality sampling and analysis plan to the Department and shall maintain a current version of the water quality sampling and analysis plan in the operating record at the facility. The Department shall require the owner or operator to modify the water quality sampling and analysis plan as necessary to protect human health or the environment.
(c) The owner or operator shall specify in the water quality sampling and analysis plan the specific elements of each monitoring and response program. For each regulated unit, the owner or operator shall include in the water quality sampling and analysis plan one or more of the programs identified in subsection (a) of this section as may be necessary to protect human health or the environment and shall specify the circumstances under which each of the programs will be required.
(d) In conjunction with an evaluation monitoring program the owner or operator shall continue to conduct a detection monitoring program under section 66265.98 as necessary to provide the best assurance of the detection of subsequent releases from the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25259, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.92. Water Quality Protection Standard.
 (a) For each regulated unit, the owner or operator shall establish a water quality protection standard in the water quality sampling and analysis plan. This water quality protection standard shall consist of the list of constituents of concern under section 66265.93, the concentration limits under section 66265.94 and the point of compliance and all monitoring points under section 66265.95. This water quality protection standard shall apply during the active life of the regulated unit and during any compliance period under section 66265.96.
(b) If an owner or operator is conducting a detection monitoring program in conjunction with an evaluation monitoring program for a regulated unit pursuant to section 66265.91(d), the owner or operator may establish separate water quality protection standards for each program.
 
  Note:    Authority cited: Sections 208. 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.93. Constituents of Concern.
For each regulated unit, the owner or operator shall specify in the water quality sampling and analysis plan the constituents of concern to which the water quality protection standard of section 66265.92 applies. Constituents of concern are the waste constituents, reaction products, and hazardous constituents that are reasonably expected to be in or derived from waste contained in the regulated unit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.94. Concentration Limits.
 (a) For each constituent of concern specified pursuant to section 66265.93, the owner or operator shall specify in the water quality sampling and analysis plan one of the following for each medium (groundwater, surface water and the unsaturated zone) monitored pursuant to section 66265.97:
(1) a concentration limit not to exceed the background value of that constituent as determined under section 66265.97(e)(11)(A); or
(2) that, at any given time, the concentration limit for that constituent will be equal to the background value of that constituent, as determined pursuant to section 66265.97(e)(11)(B).
(b) The owner or operator shall only specify different concentration limits for different monitoring points in the same medium where necessary:
(1) to describe background conditions in multiple surface water bodies, multiple aquifers or geochemically dissimilar zones in the same aquifer; or
(2) because the statistical method selected for a constituent uses intra-well comparison procedures.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.95. Monitoring Points and the Point of Compliance.
 (a) For each regulated unit, the owner or operator shall specify in the water quality sampling and analysis plan the point of compliance at which the water quality protection standard of section 66265.92 applies and at which monitoring shall be conducted. The point of compliance is a vertical surface, located at the hydraulically downgradient limit of the waste management area, that extends through the uppermost aquifer underlying the regulated unit. For each regulated unit, the owner or operator shall specify monitoring points at the point of compliance and additional monitoring points at locations determined pursuant to section 66265.97 of this article at which the water quality protection standard under section 66265.92 of this article applies and at which monitoring shall be conducted.
(b) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of the regulated unit.
(1) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in the regulated unit.
(2) If the facility contains contiguous regulated units and monitoring along a shared boundary would impair the integrity of a containment or structural feature of any of the units, the waste management area may be described by an imaginary line along the outer boundary of the contiguous regulated units if the water quality monitoring program for each unit will enable the earliest possible detection of a release from that regulated unit. This provision only applies to contiguous regulated units that were operating before July 1, 1991.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.96. Compliance Period.
 (a) The owner or operator shall specify in the water quality sampling and analysis plan the compliance period for each regulated unit. The compliance period is the number of years equal to the active life of the regulated unit (including the closure period) and constitutes the minimum period of time during which the owner or operator shall conduct a water quality monitoring program subsequent to a release from the regulated unit.
(b) The compliance period begins each time the owner or operator initiates an evaluation monitoring program meeting the requirements of section 66265.99.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25150.5 and 25159, Health and Safety Code. 
  
 



s 66265.97. General Water Quality Monitoring and System Requirements.
 (a) The owner or operator shall comply with the requirements of this section for any water quality monitoring program developed to satisfy sections 66265.98 or 66265.99.
(b) Groundwater Monitoring System.
(1) Except as provided under subsection (e)(3) of this section, the owner or operator shall establish a groundwater monitoring system for each regulated unit. The design of the groundwater monitoring system shall be based upon the information obtained from hydrogeologic investigations of the facility area, including the identification of the uppermost aquifer and aquifers hydraulically interconnected and a determination of groundwater flow rate and direction in each such aquifer. This groundwater monitoring system shall be fully operational within 180 days of July 1, 1991. Until such groundwater monitoring system is fully operational, the owner or operator shall continue to comply with 40 CFR Part 265, Subpart F. This groundwater monitoring system shall include:
(A) a sufficient number of background monitoring points (at least one) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66265.98:
1. a sufficient number of monitoring points (at least three) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance and to allow for the detection of a release from the regulated unit;
2. a sufficient number of monitoring points installed at additional locations and depths to yield groundwater samples from the uppermost aquifer as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
3. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and from zones of perched water as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99:
1. a sufficient number of monitoring points (at least three) installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that represent the quality of groundwater passing the point of compliance, and at other locations in the uppermost aquifer as necessary, to provide the data needed to evaluate changes in water quality due to the release from the regulated unit; and
2. a sufficient number of monitoring points and background monitoring points installed at appropriate locations and depths to yield groundwater samples from other aquifers, low-yielding saturated zones and zones of perched water as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit.
(2) The groundwater monitoring system may include background monitoring points that are not hydraulically upgradient of the regulated unit if documentation is maintained in the facility operating record that demonstrates that sampling at other monitoring points will provide samples that are representative of the background quality of groundwater or are more representative than those provided by the upgradient monitoring points.
(3) A copy of drillers' logs shall be filed with the Department on Department of Water Resources form DWR 188-Rev 12-86, available from the Department of Water Resources, 3251 S Street, Sacramento, CA 95816-7017, or by phone at (916) 322-7171.
(4) All monitoring wells shall be cased and constructed in a manner that maintains the integrity of the monitoring well bore hole and prevents the bore hole from acting as a conduit for contaminant transport.
(5) The sampling interval of each monitoring well shall be appropriately screened and fitted with an appropriate filter pack to enable collection of representative groundwater samples.
(6) For each monitoring well the annular space (i.e., the space between the bore hole and well casing) above and below the sampling interval shall be appropriately sealed to prevent entry of contaminants from the surface, entry of contaminants from the unsaturated zone, cross contamination of saturated zones and contamination of samples.
(7) All monitoring wells shall be adequately developed to enable collection of representative groundwater samples.
(c) Surface Water Monitoring System.
(1) The owner or operator shall establish a surface water monitoring system to monitor each surface water body that could be affected by a release from the regulated unit.
(2) Each surface water monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield samples from each surface water body that represent the quality of the surface water that has not been affected by a release from the regulated units;
(B) for a detection monitoring program under section 66265.98, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99, a sufficient number of monitoring points established at appropriate locations and depths to yield samples from each surface water body that provide the data necessary to evaluate changes in water quality due to the release from the regulated unit.
(d) Unsaturated Zone Monitoring System.
(1) Except as otherwise provided in subsection (d)(5) of this section, the owner or operator shall establish an unsaturated zone monitoring system for each regulated unit.
(2) The unsaturated zone monitoring system shall include:
(A) a sufficient number of background monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that represent the quality of soil-pore liquid that has not been affected by a release from the regulated unit;
(B) for a detection monitoring program under section 66265.98, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements that provide the best assurance of the earliest possible detection of a release from the regulated unit; and
(C) for an evaluation monitoring program under section 66265.99, a sufficient number of monitoring points established at appropriate locations and depths to yield soil-pore liquid samples or soil-pore liquid measurements as necessary to provide the data needed to evaluate changes in water quality due to the release from the regulated unit.
(3) Background monitoring points shall be installed at a background plot having soil characteristics similar to those of the soil underlying the regulated unit.
(4) The owner or operator shall install liquid recovery types of unsaturated zone monitoring (e.g., the use of lysimeters) unless the owner or operator submits to the Department, and maintains in the facility operating record, evidence that such methods of unsaturated zone monitoring cannot provide an indication of a release from the regulated unit. The owner or operator shall install complementary or alternative (nonliquid recovery) types of unsaturated zone monitoring as necessary to provide the best assurance of the earliest possible detection of a release from the regulated unit.
(5) The owner or operator may only omit unsaturated zone monitoring from the monitoring program if the owner or operator submits to the Department, and maintains in the facility operating record, evidence that either there is no unsaturated zone monitoring device or method designed to operate under the subsurface conditions existant at that waste management unit or that installation of unsaturated zone monitoring devices would require unreasonable dismantling or relocating of permanent structures.
(6) The owner or operator of a land treatment unit shall comply with the unsaturated zone monitoring and response requirements for that unit in article 13 of this chapter, in addition to the unsaturated zone monitoring requirements of this article.
(e) General Monitoring Requirements.
(1) All monitoring systems shall be designed and certified by a registered geologist or a registered civil engineer.
(2) All monitoring wells and all other borings drilled to satisfy the requirements of this article shall be logged during drilling under the direct supervision of a registered geologist. These logs shall be submitted to the Department upon completion of drilling.
(A) Soil shall be described in the geologic log according to the Unified Soil Classification System as presented in Geotechnical Branch Training Manuals Nos. 4, 5 and 6, published by the United States Bureau of Reclamation, January 1986, incorporated by reference in section 66260.11 of this division.
(B) Rock shall be described in the geologic log in a manner appropriate for the purpose of the investigation.
(C) Where possible, the depth and thickness of saturated zones shall be recorded in the geologic log.
(3) If a facility contains contiguous regulated units, separate groundwater monitoring systems are not required for each such unit if the water quality monitoring program for each unit will enable the earliest possible detection and measurement of a release from that unit.
(4) The water quality monitoring program shall include consistent sampling and analytical procedures that are designed to ensure that monitoring results provide a reliable indication of water quality at all monitoring points and background monitoring points. At a minimum the program shall include a detailed description of the procedures and techniques for:
(A) sample collection (e.g., purging techniques, sampling equipment and decontamination of sampling equipment);
(B) sample preservation and shipment;
(C) analytical procedures; and
(D) chain of custody control.
(5) The water quality monitoring program shall include appropriate sampling and analytical methods for groundwater, surface water and the unsaturated zone that accurately measure the concentration of each constituent of concern and the concentration or value of each monitoring parameter.
(6) For each regulated unit, the owner or operator shall collect all data necessary for selecting the appropriate statistical methods pursuant to subsections (e)(7), (e)(8) and (e)(9) of this section and for establishing the background values pursuant to subsection (e)(11) of this section. At a minimum, this data shall include analytical data obtained during quarterly sampling of all background monitoring points for a period of one year, including the times of expected highest and lowest annual elevations of the groundwater surface. For a new regulated unit, this data shall be collected before wastes are discharged at the unit and background soil pore liquid data shall be collected from beneath the unit before the unit is constructed.
(7) Based on data collected pursuant to subsection (e)(6) of this section the owner or operator shall select one of the statistical methods specified in subsection (e)(8) of this section for each constituent of concern and for each monitoring parameter. These methods shall be specified in the water quality sampling and analysis plan and shall be used in evaluating water quality monitoring data. The specifications for each statistical method shall include a detailed description of the criteria to be used for determining statistically significant evidence of any release from the regulated unit and for determining compliance with the water quality protection standard. Each statistical test specified for a particular constituent of concern or monitoring parameter shall be conducted separately for that constituent of concern or monitoring parameter at each monitoring point. The owner or operator shall maintain sufficient documentation in the facility operating record to demonstrate that use of the selected statistical methods will be protective of human health and the environment and will comply with the performance standards outlined in subsection (e)(9) of this section.
(8) The owner or operator shall specify one of the following statistical methods in the water quality sampling and analysis plan:
(A) a parametric analysis of variance (ANOVA) followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's mean and the background mean value for each constituent of concern or monitoring parameter;
(B) an analysis of variance (ANOVA) based on ranks followed in all instances by a multiple comparisons procedure to identify statistically significant evidence of a release from the regulated unit. The method shall include estimation and testing of the contrasts between each monitoring point's median and the background median values for each constituent of concern or monitoring parameter;
(C) a tolerance or prediction interval procedure in which an interval for each constituent of concern or monitoring parameter is established from the distribution of the background data, and the value for each constituent of concern or monitoring parameter at each monitoring point is compared to the upper tolerance or prediction limit;
(D) a control chart approach that gives control limits for each constituent of concern or monitoring parameter; or
(E) another statistical test method if sufficient documentation to support selection of the method is submitted to the Department and is maintained in the facility operating record. If the statistical test method includes a procedure to verify that there is statistically significant evidence of a release from the regulated unit, this procedure shall consist of either a single composite retest (i.e., a statistical analysis of the original data combined with newly-acquired data from the monitoring point at which evidence of a release has been indicated) or shall consist of at least two discrete retests (i.e., statistical analyses which analyze only newly-acquired data from the monitoring point at which evidence of a release has been indicated). The verification procedure shall comply with the following requirements in addition to the statistical performance standards under subsection (e)(9) of this section.
1. If the verification procedure consists of discrete retests, rejection of the null hypothesis for any one of the retests shall be considered confirmation of significant evidence of a release.
2. The number of additional samples collected and analyzed for use in the verification procedure shall be appropriate for the form of statistical test specified in the water quality sampling and analysis plan for that constituent of concern or monitoring parameter pursuant to subsection (e)(7) of this section. This number shall be greater than or equal to the number of samples specified in the water quality sampling and analysis plan for that constituent of concern or monitoring parameter pursuant to subsection (e)(12)(A) of this section.
3. If resampling at the interval identified for use in the initial statistical test pursuant to subsection (e)(12)(B) of this section would cause the entire resampling effort to take longer than 30 days, the sampling interval for use in the verification procedures shall be reduced to ensure that all samples are collected and submitted for laboratory analysis within 30 calendar days from the time that the owner or operator determines statistically significant evidence of a release pursuant to subsection 66265.98(g) or (i).
4. For a verification procedure consisting of a composite retest, the statistical verification procedure shall be based on all data obtained from the initial sampling event combined with all data obtained during the resampling event. For a verification procedure consisting of discrete retests, each shall analyze data obtained during its respective resampling event and no data shall be shared between retests.
5. For a verification procedure consisting of a composite retest, the statistical test method used in the verification procedure shall be the same as the method used in the initial statistical comparison, except that the statistical test used in the verification procedure shall be conducted at a Type 1 error level of no less than 0.05 for both the experimentwise analysis (if any) and the individual monitoring point comparisons; therefore, if a control chart approach is used to evaluate water quality monitoring data, the upper limit on an X-Bar or R-Chart must be set at no more than 1.645 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 1.96 standard deviations of the statistic plotted for a two-sided statistical comparison.
6. For a verification procedure consisting of discrete retests, the statistical method used shall be the same as the method used in the initial statistical comparison. Notwithstanding any provision of subsection (e)(9) of this section, the critical value for the tests shall be chosen so that the Type I error rate for all individual monitoring point comparisons is the same, whether for an initial test or for a retest, and is equal-to-or-greater than either
(1-0.95<<super>>1/(mws)))<<super>>0.5 x (1/r)<<super>>0.5
               or
1-(.99)<<super>>1/6
whichever is larger, where: m = the number of monitoring parameters; w = the number of monitoring points at the waste management units; s = the number of times that suites of monitoring data from the waste management unit are subjected to initial statistical analysis within a period of six months (i.e., s <= 1); and r = the number of discrete retests that are to be conducted at a monitoring point whose initial statistical analysis for a given constituent of concern or monitoring paramenter has indicated the presence of a release (i.e., r <= 2).
7. The owner or operator shall report to the Department by certified mail the results of both the initial statistical test and the results of the verification procedure as well as all concentration data collected for use in these tests within seven days of the last laboratory analysis of the samples collected for the verification procedure.
8. The verification procedure shall only be performed for the constituent(s) which has shown statistically significant evidence of a release, and shall only be performed for that (those) monitoring point at which a release has been indicated.
(9) Each statistical method chosen under subsection (e)(7) of this section shall comply with the following performance standards for each six-month period.
(A) The statistical method used to evaluate water quality monitoring data shall be appropriate for the distribution of the constituent of concern or monitoring parameter to which it is applied and shall be the least likely of the appropriate methods to fail to identify a release from the regulated unit. If the distribution of a constituent of concern or monitoring parameter is inappropriate for a normal theory test, then the data shall be either transformed so that the distribution of the transformed data is appropriate for a normal theory test or a distribution-free theory test shall be used. If the distributions for the constituents of concern or monitoring parameters differ, more than one statistical method may be needed.
(B) If an individual monitoring point comparison procedure is used to compare an individual monitoring point constituent concentration or monitoring parameter value with a background parameter value or with a concentration limit in the water quality protection standard or with a background monitoring parameter value, the test shall be done at a Type I error level no less than 0.01. If a multiple comparisons procedure is used, the Type I experimentwise error rate shall be no less than 0.05; however, the Type I error of no less than 0.01 for each individual monitoring point comparison shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts.
(C) If a control chart approach is used to evaluate water quality, monitoring data, the specific type of control chart and its associated statistical parameter values (e.g., the upper control limit), shall be protective of human health and the environment. Any control charting procedure must have a false-positive rate of no less than 1 percent for each monitoring point charted (e.g., upper control limits on X-bar or R-charts used only once every six months must be set at no more than 2.327 standard deviations of the statistic plotted for a one-sided statistical comparison or at no more than 2.576 standard deviations of the statistic plotted for a two-sided statistical comparison).
(D) If a tolerance interval or a prediction interval is used to evaluate water quality monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain shall be protective of human health and the environment. These statistical parameters shall be determined after considering the number of samples in the background data base, the data distribution, and the range of the concentrations or values for each constituent of concern or monitoring parameter. The coverage of any tolerance interval used must be no more than 95 percent and the confidence coefficient must be no more than 95 percent for a six-month period. Prediction intervals shall be constructed with an experimentwise error rate of no less than 5 percent and an individual monitoring point error rate of no less than 1 percent.
(E) The statistical method shall account for data below the practical quantification quantitation limit with one or more statistical procedures that are protective of human health and the environment. Any practical quantitation limit that is used in the statistical method shall be the lowest concentration (or value) that can be reliably achieved within limits of precision and accuracy specified in the water quality sampling and analysis plan for routine laboratory operating conditions that are available to the facility. The owner or operator shall consider the practical quantification quantitation limits listed in Appendix IX to chapter 14 for guidance purposes when specifying limits of precision and accuracy in the water quality sampling and analysis plan.
(F) If necessary, the statistical methods shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
(G) Any quality control procedure that is approved by the Department for application to water quality data from downgradient monitoring points for a monitored medium shall also be applied to all newly-acquired background data from that medium. Any newly-acquired background monitoring datum that is rejected by an approved quality control procedure shall be maintained in the facility record but shall be excluded from use in statistical comparisons with downgradient water quality data.
(10) Based on the data collected pursuant to subsection (e)(6) of this section and the statistical methods specified pursuant to subsection (e)(7) of this section, the owner or operator shall select and justify the use of a procedure for determining a background value for each constituent of concern and for each monitoring parameter specified in the water quality sampling and analysis plan. One of the following procedures shall be selected for groundwater, surface water and the unsaturated zone:
(A) a procedure for determining the background value for each constituent or parameter that does not display appreciable natural variation; or
(B) a procedure for establishing and updating the background value for a constituent or parameter to reflect changes in the background water quality if the use of contemporaneous or pooled data provides the greatest power to the statistical method for that constituent or parameter.
(11) Using the procedures for determining background values proposed pursuant to subsection (e)(10) of this section, the owner or operator shall specify in the water quality sampling and analysis plan one of the following for each constituent of concern and for each monitoring parameter:
(A) the background value established by the owner or operator using the procedure selected pursuant to subsection (e)(10)(A) of this section; or
(B) a detailed description of the procedure, selected pursuant to subsection  (e)(10)(B) of this section, to be used by the owner or operator for establishing and updating the background value.
(12) For each constituent of concern and monitoring parameter listed in the water quality sampling and analysis plan, the owner or operator shall specify in the water quality sampling and analysis plan the sampling methods to be used to establish background values and the sampling methods to be used for monitoring pursuant to this article.
(A) The number and kinds of samples collected shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that:
1. for a detection monitoring program, a release from the regulated unit will be detected; and
2. for an evaluation monitoring program, changes in water quality due to a release from the regulated unit will be recognized.
(B) The sampling method (including sampling frequency and the interval of time between successive samples) shall be appropriate for the medium from which samples are taken (e.g., groundwater, surface water and soil-pore liquid). The sampling method shall include either:
1. a sequence of at least four samples from each monitoring point, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is obtained. For groundwater, this interval shall be based upon the rate of groundwater movement in the aquifer and upon the fate and transport characteristics of the potential contaminants or pollutants. The rate of groundwater movement shall be calculated by reference to the aquifer's effective porosity, hydraulic conductivity and hydraulic gradient; or
2. an alternate sampling method if sufficient documentation is submitted to the Department and is maintained in the facility operating record to support selection of the method.
(13) The groundwater portion of the monitoring program shall include an accurate determination of the groundwater surface elevation and field parameters (temperature, electrical conductivity, turbidity and pH) at each well each time groundwater is sampled.
(14) The owner or operator shall graph all analytical data from each monitoring point and background monitoring point and shall submit these graphs to the Department at least annually. Unless the owner or operator receives written approval from the Department to use an alternate procedure, each graph shall represent data from one monitoring point or background monitoring point for one constituent of concern or monitoring parameter. Graphs shall be at a scale appropriate to show trends or variations in water quality. All graphs for a given constituent shall be plotted at the same scale to facilitate visual comparison of monitoring data.
(15) In addition to the water quality sampling conducted pursuant to the requirements of this article, the owner or operator shall measure the water level in each well and determine groundwater flow rate and direction in the uppermost aquifer and in any zones of perched water and in any additional aquifers monitored pursuant to subsection (b)(1) of this section at least quarterly, including the times of expected highest and lowest elevations of the water levels in the wells. The owner or operator shall use this data to determine, at least annually, whether the requirements of section 66265.97(b)(1) are satisfied. If the evaluation shows that the requirements of section 66265.97(b)(1) are not satisfied the owner or operator shall, as soon as technically feasible, modify the number, location or depth of the groundwater monitoring wells as necessary to bring the groundwater monitoring system into compliance with the requirements of this article.
(16) Except as provided below, for all background monitoring points in groundwater, the owner or operator must, within 12 months of July 1, 1991, establish background concentrations or values for all constituents listed in Table 1 by sampling quarterly for one year. Results of this sampling shall be submitted to the Department within 15 days after completing each quarterly analysis. If an owner or operator has previously established background for these parameters pursuant to 40 C.F.R. Part 265 by quarterly sampling for at least one year, the owner or operator shall maintain a record of that sampling and analysis in the facility operating record and shall not repeat the sampling and analysis.
Table 1 Background Water Quality Parameters
 
Arsenic               Barium
Cadmium               Chloride
Chromium              Coliform Bacteria
Endrin                Fluoride
Gross Alpha           Gross Beta
Iron                  Lead
 Lindane              Manganese
Mercury               Methoxychlor
Nitrate (as N)        pH
Phenols               Radium
Selenium              Silver
Sodium                Specific Conductance
Sulfate               Toxaphene
2,4-D                 2,4,5.TP Silver
Total Organic Carbon  Total Organic Halogen
Turbidity
 
(17) Water quality monitoring data collected in accordance with this article, including actual concentrations or values of all constituents and parameters, all backgroundwater quality data, all statistical evaluations, all water level elevation data and all data used to derive the groundwater flow rate and direction shall be maintained in the facility operating record throughout the active life of the facility and throughout the postclosure care period. The owner or operator shall submit this data to the Department at least annually. This information shall be submitted no later than March 1 following each calendar year. The Department shall require more frequent reporting where necessary to protect human health or the environment.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66265.98. Detection Monitoring Program.
 (a) An owner or operator required, pursuant to section 66265.91 of this article, to establish a detection monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit.
(b) The owner or operator shall install water quality monitoring systems that are appropriate for detection monitoring and that comply with the provisions of section 66265.97 of this article.
(c) The owner or operator shall establish a background value pursuant to section 66265.97(e)(11) for each monitoring parameter specified under subsection (e) of this section and for each constituent of concern specified under section 66265.97(e)(11) of this article 66265.93.
(d) The owner or operator shall specify the water quality protection standard under section 66265.92 in the water quality sampling and analysis plan.
(e) The owner or operator shall specify in the water quality sampling plan a list of monitoring parameters for each medium (groundwater, surface water and the unsaturated zone) to be monitored pursuant to section 66265.97. The list for each medium shall include those physical parameters, hazardous constituents, waste constituents and reaction products that provide a reliable indication of a release from the regulated unit to that medium. The owner or operator shall specify each list of monitoring parameters in the water quality sampling and analysis plan after considering the following factors:
(1) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(2) the expected or demonstrated correlation between the proposed monitoring parameters and the constituents of concern specified for the unit under section 66265.93;
(3) the mobility, stability and persistence of waste constituents or their reaction products;
(4) the detectability of physical parameters, waste constituents and reaction products;
(5) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone; and
(6) the list of suggested detection monitoring analytes presented in Appendix VI of this chapter.
(f) Except as provided below, the owner or operator shall include in the list of monitoring parameters specified for groundwater pursuant to subsection (e) of this section each parameter listed in Table 1. The owner or operator may substitute a more appropriate parameter for a parameter listed in Table 1 if the owner or operator receives written approval for the substitution from the Department and documents in the facility operating record that the parameter is not appropriate for use as a monitoring parameter and that monitoring for the substitute parameter is more likely to provide early detection of a release from the regulated unit.
Table 1 Groundwater Monitoring Parameters
 
Chloride              Iron
Manganese             pH
Phenols               Sodium
Specific conductance  Sulfate
Total organic carbon  Total organic halogen
 
(g) The owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the water quality sampling and analysis plan. The owner or operator shall specify the frequencies for collecting samples and conducting statistical analyses to determine whether there is statistically significant evidence of a release from the regulated unit for any monitoring parameter specified in the water quality sampling and analysis plan pursuant to subsection (e) of this section. For groundwater, samples from each monitoring point and each background monitoring point shall be collected at least quarterly during detection monitoring, including the times of expected highest and lowest annual elevations of the groundwater surface. The owner or operator shall conduct more frequent sampling and statistical analyses where necessary to protect human health or the environment. When specifying the frequencies for collecting samples and conducting statistical analyses for groundwater, the owner or operator shall consider the groundwater flow rate and any variation in groundwater flow rate and direction.
(h) ln addition to monitoring for the monitoring parameters specified under subsection (e) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the water quality sampling and analysis plan and determine whether the regulated unit is in compliance with the water quality protection standard there is statistically significant evidence of a release for any constituent of concern using the statistical procedure specified pursuant to section 66265.97(e)(7) of this article. Whenever the regulated unit is not in compliance with the water quality protection standard, it shall be considered statistically significant evidence of a release from the regulated unit. The owner or operator shall specify in the water quality sampling and analysis plan the frequencies and locations for monitoring pursuant to this subsection after considering the degree of certainty associated with the expected or demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years.
(i) The owner or operator shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with section 66265.97(e)(12) of this article. The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the determination of statistical significance under subsections (h) and (j) of this section.
(j) For each monitoring point, the owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit for any monitoring parameter specified in the water quality sampling and analysis plan pursuant to subsection (e) of this section at a frequency specified pursuant subsection (g) of this section.
(1) In determining whether statistically significant evidence of a release from the regulated unit exists, the owner or operator shall use the method(s) specified in the water quality sampling and analysis plan under section 66265.97(e)(7). This method(s) shall be used to compare data collected at the monitoring point(s) with the background water quality data.
(2) The owner or operator shall determine whether there is statistically significant evidence of a release from the regulated unit at each monitoring point within a reasonable period of time after completion of sampling. The owner or operator shall specify in the water quality sampling and analysis plan what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of samples.
(3) The provisions of this section shall not preclude the Department from making an independent finding that there is statistically significant evidence of a release from the regulated unit. If the Department makes such a finding, the owner or operator shall comply with the provisions of this section that are required in response to statistically significant evidence of a release from the regulated unit.
(k) If the owner or operator determines pursuant to subsection (h) or (j) of this section that there is statistically significant evidence of a release from the regulated unit for any monitoring parameter or constituent of concern at any monitoring point, the owner or operator:
(1) shall notify the Department of the finding by certified mail within seven days of such determination. The notification shall identify for each affected monitoring point the monitoring parameters and constituents of concern that have indicated statistically significant evidence of a release from the regulated unit; and
(2) may immediately initiate a procedure to verify that there is statistically significant evidence of a release from the regulated unit for a parameter or constituent which has indicated a release at a monitoring point if that verification procedure has been specified for that constituent or parameter in the water quality sampling and analysis plan pursuant to section 66265.97(e)(8)(E).
( l) If the resampling pursuant to subsection (k)(2) of this section confirms that there is statistically significant evidence of a release from the regulated unit or if the owner or operator does not resample pursuant to subsection (k)(2) of this section, then the owner or operator shall:
(1) for that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) and determine the concentration of all constituents of concern;
(2) for that regulated unit, immediately sample all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) and determine whether constituents in the list of Appendix IX to chapter 14 are present, and if so, in what concentration(s);
(3) for any Appendix IX constituents found in the analysis pursuant to subsection ( l)(2) of this section that are not specified in the list of constituents of concern for that unit, the owner or operator may resample within one month and repeat the analysis for those constituents. Each constituent detected in both analyses shall be added to the list of constituents of concern specified in the water quality protection standard for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample for the constituents found pursuant to subsection ( l)(2) of this section, the constituents found during this initial Appendix IX analysis will be added to the list of constituents of concern specified in the water quality protection standard for evaluation monitoring unless the owner or operator demonstrates to the satisfaction of the Department that the constituent is not reasonably expected to be in or derived from waste in the regulated unit;
(4) for each Appendix IX constituent added to the list of constituents of concern pursuant to subsection (k)(3) of this section, the owner or operator shall:
(A) collect all data necessary for establishing the background concentration for that constituent and for selecting an appropriatestatistical procedure pursuant to section 66265.97(e)(6);
(B) select an appropriate statistical procedure pursuant to section 66265.97(e)(7);
(C) select a procedure to establish the background concentration for that constituent pursuant to section 66265.97(e)(10); and
(D) establish the background concentration pursuant to section 66265.97(e)(11);
(5) within 90 days of determining statistically significant evidence of a release, submit to the Department an amended water quality sampling and analysis plan to establish an evaluation monitoring program meeting the provisions of section 66265.99. The amended plan shall include the following information:
(A) an identification of the concentration of each constituent of concern at each monitoring point as determined during the most recent sampling events, and an identification of the concentration of each Appendix IX constituent at each monitoring point for the regulated unit in the affected medium (groundwater, surface water or the unsaturated zone);
(B) any proposed changes to the water quality monitoring systems at the facility necessary to meet the requirements of section 66265.99;
(C) any proposed additions or changes to the monitoring frequency, sampling and analytical procedures or methods or statistical methods used at the facility necessary to meet the requirements of section 66265.99.
(D) a detailed description of the measures to be taken by the owner or operator to assess the nature and extent of the release from the regulated unit; and
(E) a schedule of implementation.
(6) within 180 days of determining statistically significant evidence of a release, submit to the Department an engineering feasibility study for a corrective action program necessary to meet the requirements of section 66264.100 of article 6 of chapter 14. At a minimum, the feasibility study shall contain a detailed description of the corrective action measures that could be taken to achieve background concentrations for all constituents of concern; and
(7) if the owner or operator determines, pursuant to subsection (g) or (i) of this section, that there is statistically significant evidence of a release from the regulated unit at any monitoring point, the owner or operator may demonstrate that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation, or by natural variation in the groundwater, surface water or the unsaturated zone. The owner or operator may make a demonstration pursuant to this subsection in addition to, or in lieu of, submitting both an amended water quality sampling and analysis plan pursuant to subsection (k)(5) of this section and an engineering feasibility study pursuant to subsection (k)(6) of this section; however, the owner or operator is not relieved of the requirements specified in subsections (k)(5) and (k)(6) of this section unless the demonstration made under this subsection shows to the satisfaction of the Department that a source other than the regulated unit caused the evidence of a release or that the indication evidence resulted from error in sampling, analysis or evaluation or from natural variation in groundwater, surface water or the unsaturated zone. In making a demonstration pursuant to this subsection, the owner or operator shall:
(A) within seven days of determining statistically significant evidence of a release, notify the Department by certified mail thatthe owner or operator intends to make a demonstration under this subsection;
(B) within 90 days of determining statistically significant evidence of a release, submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence, or that the evidence resulted from error in sampling, analysis or evaluation, or from natural variation in groundwater. surface water, or the unsaturated zone;
(C) within 90 days of determining statistically significant evidence of a release, submit to the Department an amended water quality sampling and analysis plan to make any appropriate changes to the detection monitoring program; and
(D) continue to monitor in accordance with the detection monitoring program established under this section.
(m) If the owner or operator determines that there is significant physical evidence of a release as described in section 66265.91(a)(3) or that the detection monitoring program does not satisfy the requirements of this section, the owner or operator shall:
(1) notify the Department by certified mail within 7 days of such determination; and
(2) within 90 days of such determination, submit an amended water quality sampling and analysis plan to make any appropriate changes to the program.
(n) Any time the Department determines that the detection monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days after receipt of such notification by the Department, submit an amended water quality sampling and analysis plan to make any appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66265.99. Evaluation Monitoring Program.
 (a) An owner or operator required pursuant to section 66265.91 to establish an evaluation monitoring program for a regulated unit shall, at a minimum, comply with the requirements of this section for that unit. The evaluation monitoring program shall be used to assess the nature and extent of the release from the regulated unit and to design a corrective action program meeting the requirements of section 66264.100 of article 6 of chapter 14.
(b) The owner or operator shall collect and analyze all data necessary to assess the nature and extent of the release from the regulated unit. This assessment shall include a determination of the rate of migration of hazardous constituents and the spatial distribution and concentration of each constituent of concern throughout the zone affected by the release. The owner or operator shall complete this assessment as soon as technically feasible and, with 15 days of completion, shall submit to the Department a written report containing an assessment of environmental quality.
(c) Based on the data collected pursuant to subsections (b) and (e) of this section, the owner or operator shall update the engineering feasibility study required under section 66265.98( l)(6). The owner or operator shall submit this engineering feasibility study to the Department as soon as technically feasible.
(d) The owner or operator of any facility required to obtain a permit shall use the data collected pursuant to subsection (b) of this section and the engineering feasibility study submitted pursuant to subsection (c) of this section, to prepare Part B of the permit application under section 66270.14 of chapter 20 or to update Part B of the permit application if Part B has been previously submitted. At a minimum, the application shall include the following information:
(1) a detailed assessment of the nature and extent of the release from the regulated unit;
(2) a proposed water quality protection standard including any proposed concentration limits greater than background under section 66264.94(c), and all data necessary to justify each such limit;
(3) a detailed description of proposed corrective action measures that will be taken to achieve compliance with the water quality protection standard proposed for a corrective action program; and
(4) a plan for a water quality monitoring program that will demonstrate the effectiveness of the proposed corrective action.
(e) In addition to the requirements set forth in subsections (b), (c), and (d) of this section, the owner or operator shall continue to monitor groundwater, surface water and the unsaturated zone to evaluate changes in water quality resulting from the release from the regulated unit. In conducting this monitoring, the owner or operator shall comply with the following requirements.
(1) The owner or operator shall install water quality monitoring systems that are appropriate for evaluation monitoring and that comply with the provisions of section 66265.97. These water quality monitoring systems may include all or part of existing monitoring systems.
(2) The owner or operator shall select a list of monitoring parameters for each medium (groundwater, surface water, and the unsaturated zone) to be monitored pursuant to section 66265.97. The list for each medium shall include all hazardous constituents that have been detected in that medium and shall include those physical parameters, waste constituents and reaction products that provide a reliable indication of changes in water quality resulting from the release from the regulated unit to that medium. The owner or operator shall specify each list of monitoring parameters in the water quality sampling and analysis plan after considering the following factors:
(A) the types, quantities and concentrations of constituents in wastes managed at the regulated unit;
(B) information that demonstrates a sufficient correlation between the proposed monitoring parameters and the constituents of concern specified for the unit;
(C) the mobility, stability and persistence of waste constituents or their reaction products;
(D) the detectability of physical parameters, waste constituents and reaction products; and
(E) the background values and the coefficients of variation of proposed monitoring parameters in groundwater, surface water and the unsaturated zone.
(3) The owner or operator shall conduct sampling and analyses for the monitoring parameters listed in the water quality sampling and analysis plan. The owner or operator shall specify in the water quality sampling and analysis plan the frequencies for collecting samples and for conducting statistical analyses to evaluate changes in water quality due to the release from the regulated unit. For groundwater, samples from each monitoring point and each background monitoring point shall be collected at least quarterly during the compliance period of the regulated unit, including the times of expected highest and lowest annual elevations of the groundwater surface. The owner or operator shall conduct more frequent sampling where necessary to protect human health or the environment. When specifying the frequencies for collecting samples and conducting statistical analyses for groundwater, the owner or operator shall consider the groundwater flow rate and any variation in ground water flow rate and direction.
(4) In addition to monitoring for the monitoring parameters specified pursuant to subsection (e)(2) of this section, the owner or operator shall periodically monitor for all constituents of concern specified in the water quality sampling and analysis plan and evaluate changes in water quality due to the release from the regulated unit. The owner or operator shall specify the frequencies for monitoring pursuant to this subsection after considering the degree of certainty associated with the demonstrated correlation between values for monitoring parameters and values for the constituents of concern. Monitoring pursuant to this subsection shall be conducted at least every five years;
(5) The owner or operator shall conduct water quality monitoring for each monitoring parameter and each constituent of concern in accordance with section 66265.97(e)(12). The owner or operator shall maintain a record of water quality analytical data as measured and in a form necessary for the evaluation of changes in water quality due to the release from the regulated unit.
(6) The owner or operator shall analyze samples from all monitoring points in the affected medium (groundwater, surface water or the unsaturated zone) for all constituents contained in Appendix IX to chapter 14 at least annually to determine whether additional hazardous constituents are present and, if so, at what concentration(s). If the owner or operator finds Appendix IX constituents in the groundwater, surface water or the unsaturated zone that are not already identified in the water quality sampling and analysis plan as constituents of concern, the owner or operator may resample within one month and repeat the analysis for those constituents. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the Department by certified mail within seven days after the completion of the second analysis and the owner or operator shall add them to the list of constituents of concern specified in the water quality sampling and analysis plan unless documentation is maintained in the facility operating record that demonstrates that the constituent is not reasonably expected to be in or derived from waste in the regulated unit. If the owner or operator does not resample, then the owner or operator shall report the concentrations of these additional constituents to the Department by certified mail within seven days after completion of the initial analysis and the owner or operator shall add them to the list of constituents of concern specified in the water quality sampling and analysis plan unless documentation is maintained in the facility operating record that demonstrates that the constituent is not reasonably expected to be in or derived from waste in the regulated unit.
(7) The owner or operator shall evaluate all water quality data obtained pursuant to subsection (e) of this section and all water level data obtained pursuant to section 66264.97(e)(15) on a quarterly basis to determine the rate and extent of migration of hazardous constituents and to describe the nature of changes in the geometry and geochemistry of the volume affected by the release. This information shall be reviewed with respect to the design criteria for the corrective action program. If the evaluation indicates that the plan for corrective action is insufficient, the owner or operator shall:
(A) notify the Department by certified mail within seven days of such determination; and
(B) within 90 days of such determination, submit, for approval by the Department any appropriate changes to the application for a permit; and
(8) the owner or operator shall submit to the Department by March 1, following each calendar year, a report on the results of the evaluation monitoring program including, but not limited to, the calculated rate of migration of hazardous constituents in groundwater.
(f) The owner or operator may demonstrate that a source other than the regulated unit caused the evidence of a release or that the evidence is an artifact caused by an error in sampling, analysis or statistical evaluation or by natural variation in groundwater, surface water or the unsaturated zone. Upon a successful demonstration, the Department shall specify that the owner or operator shall reinstitute a detection monitoring program meeting the requirements of section 66265.98. In making a demonstration under this subsection, the owner or operator shall:
(1) notify the Department by certified mail in writing that the owner or operator intends to make a demonstration pursuant to this subsection;
(2) submit a report to the Department that demonstrates that a source other than the regulated unit caused the evidence of a release or that the apparent noncompliance with the standard evidence resulted from error in sampling, analysis, or evaluation or from natural variation in groundwater, surface water or the unsaturated zone;
(3) submit to the Department an amended water quality sampling and analysis plan to reinstitute a detection monitoring program for the unit. This amended plan shall include all appropriate changes to the monitoring program; and
(4) continue to monitor in accordance with the evaluation monitoring program established pursuant to this section.
(g) The Department shall require interim corrective action measures where necessary to protect human health or the environment.
(h) If the owner or operator determines that the evaluation monitoring program does not satisfy the requirements of this section, the owner or operator shall, within 90 days, submit an amended water quality sampling and analysis plan to make any appropriate changes to the program.
(i) Any time the Department determines that the evaluation monitoring program does not satisfy the requirements of this section, the Department shall send written notification of such determination to the owner or operator by certified mail, return receipt requested. The owner or operator shall, within 90 days of such notification by the Department, submit an amended water quality sampling and analysis plan to make appropriate changes to the program.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66265.101. Corrective Action for Interim Status Waste Management Units.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  

 



s 66265.110. Applicability.
Except as section 66265.1 provides otherwise:
(a) sections 66265.111 through 66265.115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and
(b) sections 66265.116 through 66265.120 (which concern post-closure care) apply to the owners and operators of:
(1) all hazardous waste disposal facilities;
(2) waste piles and surface impoundments for which the owner or operator intends to remove the waste at closure to the extent that these sections are made applicable to such facilities in section 66265.228 or section 66265.258;
(3) tank systems that are required under section 66265.197 to meet requirements for landfills; and
(4) containment buildings that are required under section 66265.1102 to meet the requirement for landfills.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245, 25246 and 58012, Health and Safety Code; 40 CFR Section 265.110. 
  
 



s 66265.111. Closure Performance Standard.
The owner or operator shall close the facility in a manner that:
(a) minimizes the need for further maintenance, and
(b) controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated rainfall or run-off, or waste decomposition products to the ground or surface waters or to the atmosphere, and
(c) complies with the closure requirements of this chapter including, but not limited to, the requirements of sections 66265.197, 66265.228, 66265.258, 66265.280, 66265.310, 66265.351, 66265.381, 66265.404,  and 66265.1102.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 265.111. 
  
 



s 66265.112. Closure Plan; Amendment of Plan.
 (a) Written plan. By six months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility shall have a written closure plan. Until final closure is completed and certified in accordance with section 66265.115, a copy of the most current plan shall be kept at the facility and furnished to the Department upon request, including request by mail. In addition, for facilities without approved plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the Department who is duly designated by the Director.
(b) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility at any point during its active life and to perform final closure of the facility at the end of its active life. The closure plan shall include, at least:
(1) a description of how and when each hazardous waste management unit at the facility will be closed in accordance with section 66265.111; and
(2) a description of how and when final closure of the facility will be conducted in accordance with section 66265.111. The description shall identify the maximum extent of the operation which will be unclosed during the active life of the facility; and
(3) an estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial and final closure, including, but not limited to methods for removing, transporting, treating, storing or disposing of all hazardous waste, identification of and the type(s) of off-site hazardous waste management unit(s) to be used, if applicable; and
(4) a detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures, and soils during partial and final closure including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination necessary to satisfy the closure performance standard; and
(5) a detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, groundwater monitoring, leachate collection, and run-on and run-off control; and
(6) a schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included); and
(7) an estimate of the expected year of final closure.
(8) all information necessary to enable the Department to prepare an Initial Study for the closure plan, which meets the requirements of Title 14, CCR section 15063, unless the Department has determined that the closure plan is exempt from the requirements of the California Environmental Quality Act pursuant to Title 14, CCR section 15061.
(c) Amendment of plan. The owner or operator may amend the closure plan at any time prior to the notification of partial or final closure of the facility. An owner or operator with an approved closure plan shall submit a written request to the Department to authorize a change to the approved closure plan. The written request shall include a copy of the amended closure plan for approval by the Department.
(1) The owner or operator shall amend the closure plan whenever:
(A) changes in operating plans or facility design affect the closure plan, or
(B) there is a change in the expected year of closure, or
(C) in conducting partial or final closure activities, unexpected events require a modification of the closure plan.
(2) The owner or operator shall amend the closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall amend the closure plan no later than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with section 66265.310.
(3) An owner or operator with an approved closure plan shall submit the modified plan to the Department at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall submit the modified plan no later than 30 days after the unexpected event. These provisions also apply to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with section 66265.310. If the amendment to the plan is a Class 2 or 3 modification according to the criteria in section 66270.42, the modification to the plan will be approved according to the procedures in section 66265.112(d)(4).
(4) The Department may request modifications to the plan under the conditions described in subsection (c)(1) of this section. An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the Department, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a Class 2 or 3 modification according to the criteria in section 66270.42, the modification to the plan will be approved in accordance with the procedures in section 66265.112(d)(4).
(d) Notification of partial closure and final closure.
(1) The owner or operator shall submit the closure plan to the Department at least 180 days prior to the date on which the owner or operator expects to begin closure of the first surface impoundment, waste pile, land treatment, or landfill unit, or final closure if it involves such a unit, whichever is earlier. The owner or operator shall submit the closure plan to the Department at least 180 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. The owner or operator shall submit the closure plan to the Department at least 180 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks or containers used for transfer, treatment or storage, or incinerator units. An owner or operator with an approved closure plan shall notify the Department in writing at least 60 days prior to the date on which the owner or operator expects to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility involving such a unit. Owners or operators with approved closure plans shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin partial or final closure of a boiler or industrial furnace. An owner or operator with an approved closure plan shall notify the Department in writing at least 45 days prior to the date on which the owner or operator expects to begin final closure of a facility with only tanks or containers used for transfer, treatment or storage, or incinerator units.
(2) The date when the owner or operator "expects to begin closure" shall be either no later than the date on which any hazardous waste management unit receives the known final volume of hazardous wastes or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous waste. The Department may approve an extension to this one-year limit if the owner or operator of a hazardous waste management unit demonstrates to the satisfaction of the Department that the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, the owner or operator has taken, and will continue to take, all steps necessary to comply with all interim status requirements, and the extension will not pose a threat to human health and the environment.
(3) For units meeting the requirements of section 66265.113(d), the date when the owner or operator "expects to begin closure" shall be no later than the date on which the hazardous waste management unit receives the known final volume of non-hazardous wastes, or if there is a reasonable possibility that the hazardous waste management unit will receive additional non-hazardous wastes, no later than one year after the date on which the unit received the most recent volume of non-hazardous wastes. If the owner or operator can demonstrate to the Department that the hazardous waste management unit has the capacity to receive additional non-hazardous wastes and the owner or operator has taken, and will continue to take, all steps to prevent threats to human health and threats to the environment, including compliance with all applicable interim status requirements, the Department may approve an extension to this one-year limit. A facility operating under the requirements of section 66265.113(d) shall continue to be subject to the facility fee specified in Health and Safety Code, Division 20, section 25205.2(d), until the facility has complied with the requirements of section 66265.113(a). Health and Safety Code, Division 20, section 25205.2(d)(4) shall not apply to a facility operating pursuant to section 66265.113(d).
(4) The owner or operator shall submit the closure plan to the Department no later than 15 days after:
(A) termination of interim status except when a permit is issued simultaneously with termination of interim status; or
(B) issuance of a judicial decree or final order under Health and Safety Code section 25358.3 or article 8 of chapter 6.5 of division 20 of the Health and Safety Code to cease receiving hazardous wastes or close.
(5) The Department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications to the plan no later than 30 days from the date of the notice. The Department will also, in response to a request or at the Department's own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a closure plan. The Department will give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined. The Department will approve, modify, or disapprove the plan within 90 days of its receipt. If the Department does not approve the plan the Department shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The Department will approve or modify this plan in writing within 60 days. If the Department modifies the plan, this modified plan becomes the approved closure plan. The Department shall assure that the approved plan is consistent with sections 66265.111 through 66265.115 and the applicable requirements of article 6 of this chapter and sections 66265.197, 66265.228, 66265.258, 66265.280, 66265.310, 66265.351, 66265.381, 66265.404, and 66265.1102. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004  and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.112; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21100 and 21151, Public Resources Code. 
  
 



s 66265.113. Closure; Time Allowed for Closure.
 (a) Within 90 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at a hazardous waste management unit or facility, or within 90 days after approval of the closure plan, whichever is later, the owner or operator shall treat, remove from the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the approved closure plan. The Department may approve a longer period if the owner or operator demonstrates to the satisfaction of the Department that:
(1)(A) the activities required to comply with this subsection will, of necessity, take longer than 90 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with subsections (d) and (e) of this section; and
2. there is a reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to comply with all applicable interim status requirements and the longer period will not pose a threat to human health and the environment.
(b) The owner or operator shall complete partial and final closure activities in accordance with the approved closure plan and within 180 days after receiving the final volume of hazardous wastes, or the final volume of non-hazardous wastes if the owner or operator complies with all applicable requirements in subsections (d) and (e) of this section, at the hazardous waste management unit or facility, or 180 days after approval of the closure plan, if that is later. The Department may approve an extension to the closure period if the owner or operator demonstrates that:
(1)(A) the partial or final closure activities will, of necessity, take longer than 180 days to complete; or
(B) 1. the hazardous waste management unit or facility has the capacity to receive additional hazardous wastes, or has the capacity to receive non-hazardous wastes if the facility owner or operator complies with subsections (d) and (e) of this section; and
2. there is reasonable likelihood that a person other than the owner or operator will recommence operation of the hazardous waste management unit or the facility within one year; and
3. closure of the hazardous waste management unit or facility would be incompatible with continued operation of the site; and
(2) the owner or operator has taken and will continue to take all steps to prevent threats to human health and the environment from the unclosed, but not operating, hazardous waste management unit or facility, including compliance with all applicable interim status requirements.
(c) The demonstrations referred to in subsections (a) and (b) of this section shall be made as follows:
(1) the demonstrations in subsection (a) of this section shall be made at least 30 days prior to the expiration of the 90-day period in subsection (a); and
(2) the demonstrations in subsection (b) shall be made at least 30 days prior to the expiration of the 180-day period in subsection (b), unless the owner or operator is otherwise subject to the deadlines in subsection (d) of this section.
(d) The Department may allow an owner or operator to receive non-hazardous wastes in a landfill, land treatment, or surface impoundment unit after the final receipt of hazardous wastes at that unit, if:
(1) The owner or operator submits an amended Part B application, or a Part B application, if not previously required, and demonstrates to the Department that:
(A) the unit has the existing design capacity as indicated on the Part A application to receive non-hazardous wastes; and
(B) there is a reasonable likelihood that either the owner or operator or another person will receive non-hazardous wastes in the unit within one year after the final receipt of hazardous wastes; and
(C) the non-hazardous wastes will not be incompatible with any remaining hazardous wastes in the unit, or with the facility design and operating requirements of the unit or facility under this chapter; and
(D) closure of the hazardous waste management unit would be incompatible with continued operation of the unit or facility; and
(E) the owner or operator is operating and will continue to operate in compliance with all applicable interim status requirements of this chapter and with all applicable regulations promulgated by other state agencies governing discharges of hazardous or non-hazardous wastes to land and water, including, but not limited to, regulations promulgated by the California Integrated Waste Management Board and the State Water Resources Control Board; and
(2) The Part B application includes an amended waste analysis plan, monitoring and response program for groundwater, air and soil-pore gas required under articles 6 and 18 of this chapter, human exposure assessment required under Title 42, U.S.C. section 6939a, and closure and post-closure plans, and updated cost estimates and demonstrations of financial assurance for closure and post-closure care as necessary and appropriate, to reflect any changes due to the presence of hazardous constituents in the non-hazardous wastes and changes in closure activities, including the expected year of closure, if applicable under section 66265.112(b)(7), as a result of the receipt of non-hazardous wastes following the final receipt of hazardous wastes; and
(3) The Part B application is amended, as necessary and appropriate, to account for the receipt of non-hazardous wastes following receipt of the final volume of hazardous wastes; and
(4) The Part B application and the demonstrations referred to in subsection  (d)(1) and (d)(2) of this section are submitted to the Department no later than 180 days prior to the date on which the owner or operator receives the known final volume of hazardous wastes, or no later than 90 days after the effective date of this rule, whichever is later.
(e) In addition to the requirements in subsection (d) of this section, an owner or operator of a hazardous waste surface impoundment that is not in compliance with the liner and leachate collection system requirements pursuant to Title 22, CCR, Division 4.5, Chapter 15, Article 11 shall:
(1) Submit with the Part B application:
(A) a contingent corrective measures plan, and
(B) a plan for removing hazardous wastes in compliance with subsection (e)(2) of this section; and
(2) Remove all hazardous wastes from the unit by removing all hazardous liquids and by removing all hazardous sludges to the extent practicable without impairing the integrity of the liner(s), if any.
(3) Removal of hazardous wastes shall be completed no later than 90 days after the final receipt of hazardous wastes. The Department may approve an extension to this deadline if the owner or operator demonstrates that the removal of hazardous wastes will, of necessity, take longer than the allotted period to complete and that an extension will not pose a threat to human health or the environment.
(4) If a release of hazardous waste that is a statistically significant increase (or decrease in the case of pH) in hazardous constituents over background levels or that exceeds the facility's protection standards for groundwater, air, or soil-pore gas at the points of compliance, if applicable, is detected in accordance with the requirements in articles 6 or 18 of this chapter, the owner or operator of the unit:
(A) shall implement corrective measures in accordance with the approved contingent corrective measures plan required by subsection (e)(1) of this section no later than one year after detection of the release of hazardous waste, or approval of the contingent corrective measures plan, whichever is later;
(B) may continue to receive wastes at the unit following detection of any release only if the approved corrective measures plan includes a demonstration that continued receipt of wastes will not impede corrective action; and
(C) may be required by the Department to implement corrective measures in less than one year, or to cease receipt of wastes until corrective measures have been implemented if necessary to protect human health or the environment.
(5) During the period of corrective action, the owner or operator shall provide semi-annual reports to the Department that describe the progress of the corrective action program, compile all monitoring data for groundwater, air, and soil-pore gas, and evaluate the effect of the continued receipt of non-hazardous wastes on the effectiveness of the corrective action.
(6) The Department may require the owner or operator to commence closure of the unit if the owner or operator fails to implement corrective action measures in accordance with the approved contingent corrective measures plan within one year as required in subsection (e)(4) of this section, or fails to make substantial progress in implementing corrective action and achieving the facility's protection standards for groundwater, air, or soil-pore gas, or background levels if the facility has not yet established a protection standard for groundwater, air, or soil-pore gas.
(7) If the owner or operator fails to implement corrective measures as required in subsection (e)(4) of this section, or if the Department determines that substantial progress has not been made pursuant to subsection (e)(6) of this section, the Department shall do the following:
(A) notify the owner or operator in writing that the owner or operator shall begin closure in accordance with the deadlines in subsections (a) and (b) of this section and provide a detailed statement of reasons for this determination.
(B) provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the decision no later than 20 days after the date of the notice.
(C) If the Department receives no written comments, the decision will become final five days after the close of the comment period. The Department shall notify the owner or operator that the decision is final, and that a revised closure plan, if necessary, shall be submitted within 15 days of the final notice and that closure shall begin in accordance with the deadlines in subsections (a) and (b) of this section.
(D) If the Department receives written comments on the decision, the Department shall make a final decision within 30 days after the end of the comment period, and shall provide the owner or operator in writing and the public through a newspaper notice, a detailed statement of reasons for the final decision. If the Department determines that substantial progress has not been made, closure shall be initiated in accordance with the deadlines in subsections (a) and (b) of this section.
(E) The final determinations made by the Department under subsections  (e)(7)(C)-(D) of this section are not subject to administrative appeal.
 
  Note: Authority cited: Sections 25150, 25159, 25245, 58004 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200.10, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.113. 
  
 



s 66265.114. Disposal or Decontamination of Equipment, Structures and Soils.
During the partial and final closure periods, all contaminated equipment, structures and soil shall be properly disposed of, or decontaminated by removing all hazardous waste and residues, unless specified otherwise in sections 66265.197, 66265.228, 66265.258, 66265.280, or 66265.310. By removing all hazardous wastes and residues or hazardous constituents during partial and final closure, the owner or operator may become a generator of hazardous waste and shall handle that hazardous waste in accordance with all applicable requirements of chapter 12 of this division.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.114. 
  
 



s 66265.115. Certification of Closure.
Within 60 days of completion of closure of each hazardous waste surface impoundment, waste pile, land treatment, and landfill unit, and within 60 days of completion of final closure, the owner or operator shall submit to the Department, by registered mail, a certification that the hazardous waste management unit or facility, as applicable, has been closed in accordance with the specifications in the approved closure plan. The certification shall be signed by the owner or operator and by an independent qualified professional engineer, registered in California. Documentation supporting the independent registered professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for closure under section 66265.143, subsection (i).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.115. 
  
 



s 66265.116. Survey Plat.
No later than the submission of the certification of closure of each hazardous waste disposal unit, an owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department, a survey plat indicating the location and dimensions of landfill cells or other hazardous waste disposal units with respect to permanently surveyed vertical and horizontal benchmarks. This plat shall be prepared and certified by a professional land surveyor, licensed in California. The plat filed with the local zoning authority, or the authority with jurisdiction over local land use shall contain a note, prominently displayed, which states the owner's or operator's obligation to restrict disturbance of the hazardous waste disposal unit in accordance with the applicable regulations of this article.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.116. 
  
 



s 66265.117. Post-Closure Care and Use of Property.
 (a) This section pertains to facilities at which all hazardous wastes, waste residues, contaminated materials and contaminated soils will not be removed during closure. Additional requirements for such facilities are cited in Title 23 of the California Code of Regulations.
(b)(1) Post-closure care for each hazardous waste management unit subject to the requirements of sections 66265.117 through 66265.120 shall begin after completion of closure of the unit and continue for 30 years after that date. It shall consist of at least the following:
(A) monitoring and reporting in accordance with the requirements of articles 6, 11, 12, 13, and 14 of this chapter; and
(B) maintenance and monitoring of waste containment systems in accordance with the requirements of articles 6, 11, 12, 13, and 14 of this chapter.
(2) Any time preceding closure of a hazardous waste management unit subject to post-closure care requirements or final closure, or any time during the post-closure period for a particular hazardous waste disposal unit, the Department shall:
(A) shorten the post-closure care period applicable to the hazardous waste management unit, or facility, if all disposal units have been closed, if the Department finds that the reduced period is sufficient to protect human health and the environment (e.g., leachate or ground-water monitoring results, characteristics of the hazardous waste, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the hazardous waste management unit or facility is secure); or
(B) extend the post-closure care period applicable to the hazardous waste management unit or facility, if the Department finds that the extended period is necessary to protect human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).
(c)(1) The Department shall require, at partial and final closure, continuation of any of the security requirements of section 66265.14 during part or all of the post-closure period when:
(A) hazardous wastes may remain exposed after completion of partial or final closure; or
(B) access by the public or domestic livestock may pose a hazard to human health.
(2) To extend any of these requirements during post closure period, the Department will use the procedures of sections 66265.118(d) and (f).
(d) Post-closure use of property on or in which hazardous wastes remain after partial or final closure shall never be allowed to disturb the integrity of the final cover, liner(s), or any other components of the containment system, or the function of the facility's monitoring systems, unless the Department finds that the disturbance:
(1) is necessary to the proposed use of the property, and will not increase the potential hazard to human health or the environment; or
(2) is necessary to reduce a threat to human health or the environment.
(e) All post-closure care activities shall be in accordance with the provisions of the approved post-closure plan as specified in section 66265.118.
(f) Upon closure of a hazardous waste facility wherein hazardous wastes remain on-site no construction, filling, grading, excavating or mining shall occur without the issuance of a variance by the Department. No variance may be granted which is inconsistent with subsection (d) of this section.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.117. 
  
 



s 66265.118. Post-Closure Plan; Amendment of Plan.
 (a) Written plan. The owner or operator of a hazardous waste disposal unit shall have a written post-closure plan. An owner or operator of a surface impoundment or waste pile that intends to remove all hazardous wastes at closure shall prepare a post-closure plan and submit it to the Department within 90 days of the date that the owner or operator or Department determines that the hazardous waste management unit or facility shall be closed as a landfill, subject to the requirements of sections 66265.117 through 66265.120.
(b) Until final closure of the facility, a copy of the most current post-closure plan shall be kept at the facility and furnished to the Department upon request, including request by mail. In addition, for facilities without approved post-closure plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the Department who is duly designated by the Director. After final closure, the person or office specified in section 66265.118(c)(3) shall keep an updated and approved post-closure plan during the post-closure period,
(c) For each hazardous waste management unit subject to the requirements of this section, the post-closure plan shall identify the activities that will be carried on after closure of each disposal unit and the frequency of these activities, and include at least:
(1) a description of the planned monitoring activities and frequencies at which they will be performed to comply with articles 6, 11, 12, 13, and 14 of this chapter during the post-closure care period; and
(2) a description of the planned maintenance activities, and frequencies at which they will be performed, to ensure:
(A) the integrity of the cap and final cover and other containment systems in accordance with the requirements of articles 11, 12, 13, and 14 of this chapter; and
(B) the function of the monitoring equipment in accordance with the requirements of articles 6, 11, 12, 13, and 14 of this chapter; and
(3) the name, address, and phone number of the person or office to contact about the hazardous waste disposal unit or facility during the post-closure care period.
(4) all information necessary to enable the Department to prepare an Initial Study for the post-closure plan, which meets the requirements of Title 14, California Code of Regulations section 15063, unless the Department has determined that the post-closure plan is exempt from the requirements of the California Environmental Quality Act pursuant to Title 14, CCR section 15061.
(d) Amendment of plan. The owner or operator may amend the post-closure plan any time during the active life of the facility or during the post-closure care period. An owner or operator with an approved post-closure plan shall submit a written request to the Department to authorize a change to the approved plan. The written request shall include a copy of the amended post-closure plan for approval by the Department.
(1) The owner or operator shall amend the post-closure plan whenever:
(A) changes in operating plans or facility design affect the post-closure plan, or
(B) events which occur during the active life of the facility or the post-closure care period, including partial and final closures, affect the post-closure plan.
(2) The owner or operator shall amend the post-closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the post-closure plan.
(3) An owner or operator with an approved post-closure plan shall submit the modified plan to the Department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the post-closure plan. If an owner or operator of a surface impoundment or a waste pile, who intended to remove all hazardous wastes at closure in accordance with section 66265.228(a) or 66265.258(a) is required to close as a landfill in accordance with section 66265.310, the owner or operator shall submit a post-closure plan within 90 days of the determination by the owner or operator or the Department that the unit shall be closed as a landfill. If the amendment to the post-closure plan is a Class 2 or 3 modification according to the criteria in section 66270.42, the modification to the plan will be approved according to the procedures in section 66265.118(f).
(4) The Department shall request modifications to the plan under the conditions described in subsection (d)(1) of this section. An owner or operator with an approved post-closure plan shall submit the modified plan no later than 60 days after the request from the Department. If the amendment to the plan is considered a Class 2 or 3 modification according to the criteria in section 66270.42, the modifications to the post-closure plan will be approved in accordance with the procedures in section 66265.118(f). If the Department determines that an owner or operator of a surface impoundment or waste pile who intended to remove all hazardous wastes at closure shall close the facility as a landfill, the owner or operator shall submit a post-closure plan for approval to the Department within 90 days of the determination.
(e) The owner or operator of a facility with hazardous waste management units subject to these requirements shall submit the post-closure plan to the Department at least 180 days before the date the owner or operator expects to begin partial or final closure of the first hazardous waste disposal unit. The date the owner or operator "expects to begin closure" of the first hazardous waste disposal unit shall be either no later than the date on which the hazardous waste management unit receives the known final volume of hazardous waste or, if there is a reasonable possibility that the hazardous waste management unit will receive additional hazardous wastes, no later than one year after the date on which the unit received the most recent volume of hazardous wastes. The owner or operator shall submit the post-closure plan to the Department no later than 15 days after:
(1) termination of interim status (except when a permit is issued to the facility simultaneously with termination of interim status); or
(2) issuance of a judicial decree or final order under Health and Safety Code section 25358.3 or article 8 of chapter 6.5 of division 20 of the Health and Safety Code to cease receiving wastes or close.
(f) The Department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the post-closure plan and request modifications to the plan no later than 30 days from the date of the notice. The Department will also, in response to a request or at the Department's own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning a post-closure plan. The Department will give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined. The Department will approve, modify, or disapprove the plan within 90 days of its receipt. If the Department disapproves the plan, the Department shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator shall modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The Department will approve or modify this plan in writing within 60 days. If the Department modifies the plan, this modified plan becomes the approved post-closure plan. The Department shall ensure that the approved post-closure plan is consistent with sections 66265.117 through 66265.120. A copy of the modified plan with a detailed statement of reasons for the modifications shall be mailed to the owner or operator.
(g) The post-closure plan and length of the post-closure care period may be modified any time prior to the end or at the end of the post-closure care period in either of the following two ways.
(1) The owner or operator or any member of the public may petition the Department to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.
(A) The petition shall include evidence demonstrating that:
1. the secure nature of the hazardous waste management unit or facility makes the post-closure care requirement(s) unnecessary or supports reduction of the post-closure care period specified in the current post-closure plan (e.g., leachate or groundwater monitoring results, characteristics of the wastes, application of advanced technology, or alternative disposal, treatment, or re-use techniques indicate that the facility is secure), or
2. the requested extension in the post-closure care period or alteration of post-closure care requirements is necessary to prevent threats to human health and the environment (e.g., leachate or groundwater monitoring results indicate a potential for migration of hazardous wastes at levels which may be harmful to human health and the environment).
(B) These petitions will be considered by the Department only when they present new and relevant information not previously considered by the Department. Whenever the Department is considering a petition, the Department will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice. The Department will also, in response to a request or at the Department's own discretion, hold a public hearing whenever a hearing might clarify one or more issues concerning the post-closure plan. The Department will give the public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for written public comments, and the two notices may be combined). After considering the comments, the Department will issue a final determination, based upon the criteria set forth in subsection (9)(1)(A) of this section.
(C) If the Department denies the petition, the Department will send the petitioner a brief written response giving a reason for the denial.
(2) The Department may tentatively decide to modify the post-closure plan if the Department deems it necessary to prevent threats to human health and the environment. The Department may propose to extend or reduce the post-closure care period applicable to a hazardous waste management unit or facility based on cause, or alter the requirements of the post-closure care period based on cause.
(A) The Department will provide the owner or operator and the affected public, through a newspaper notice, the opportunity to submit written comments within 30 days of the date of the notice and the opportunity for a public hearing as in subsection (g)(1)(B) of this section. After considering the comments, the Department will issue a final determination.
(B) The Department will base the final determination upon the same criteria as required for petitions under subsection (g)(1)(A) of this section. A modification of the post-closure plan may include, where appropriate, the temporary suspension rather than permanent deletion of one or more post-closure care requirements. At the end of the specified period of suspension, the Department would then determine whether the requirement(s) should be permanently discontinued or reinstated to prevent threats to human health and the environment.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25246, Health and Safety Code; 40 CFR Section 265.118; Sections 21080(c), 21080.1, 21080.3, 21082.1, 21100 and 21151, Public Resources Code. 
  
 



s 66265.119. Post-Closure Notices.
 (a) No later than 60 days after certification of closure of each hazardous waste disposal unit, the owner or operator shall submit to the local zoning authority, or the authority with jurisdiction over local land use, and to the Department, a record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility. For hazardous wastes disposed of before January 12, 1981, the owner or operator shall identify the type, location and quantity of the hazardous wastes to the best of the owner's or operator's knowledge and in accordance with any records the owner or operator has kept. Any changes in the type, location or quantity of hazardous wastes disposed of within each cell or area of the facility that occur after the survey plat and record of wastes have been filed pursuant to section 66265.116 shall be reported to the local zoning authority or the authority with jurisdiction over local land use and to the Department.
(b) Within 60 days of certification of closure of the first hazardous waste disposal unit and within 60 days of certification of closure of the last hazardous waste disposal unit, the owner or operator shall:
(1) record, in accordance with State law, a notation on the deed to the facility property, or on some other instrument which is normally examined during title search, that will in perpetuity notify any potential purchaser of the property that:
(A) the land has been used to manage hazardous wastes; and
(B) its use is restricted under article 7 of this chapter; and
(C) the survey plat and record of the type, location, and quantity of hazardous wastes disposed of within each cell or area (not limited to only hazardous waste disposal unit) of the facility required by sections 66265.116 and 66265.119(a) have been filed with the local zoning authority or the authority with jurisdiction over local land use and with the Department; and
(2) submit, to the Department, a certification signed by the owner or operator that the notation specified in subsection (b)(1) of this section has been recorded and a copy of the document in which the notation has been placed.
(c) If at any time the owner or operator or any subsequent owner of the land upon which a hazardous waste disposal unit was located wishes to remove hazardous wastes and hazardous waste residues, the liner, if any, and all contaminated structures, equipment, and underlying and surrounding soils, the owner or operator shall request a modification to the approved post-closure plan in accordance with the requirements of section 66265.118(g). The owner or operator shall demonstrate that the removal of hazardous wastes will satisfy the criteria of section 66265.117(d). By removing hazardous waste, the owner or operator may become a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this division. If the owner or operator is granted approval to conduct the removal activities, and the removal activities are completed to the satisfaction of the Department, the owner or operator may request that the Department approve either:
(1) the removal of the notation on the deed to the facility property or other instrument normally examined during title search, or
(2) the addition of a notation to the deed or instrument indicating the removal of the hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.119. 
  
 



s 66265.120. Certification of Completion of Post-Closure Care.
No later than 60 days after the completion of the established post-closure care period for each hazardous waste disposal unit, the owner or operator shall submit to the Department, by registered mail, a certification that the post-closure care period for the hazardous waste disposal unit was performed in accordance with the specifications in the approved post-closure plan. The certification shall be signed by the owner or operator and an independent qualified professional engineer, registered in California. Documentation supporting the independent registered, qualified professional engineer's certification shall be furnished to the Department upon request until the Department releases the owner or operator from the financial assurance requirements for post-closure care under section 66265.145, subsection (i).
 
  Note: Authority cited: Sections 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code; 40 CFR Section 265.120. 
  
 



s 66265.140. Applicability.
 (a) The requirements of sections 66265.142, 66265.143, and 66265.147 through 66265.148 apply to owners or operators of all hazardous waste facilities, as defined in section 66260.10, except as provided otherwise in this article.
(b) The requirements of sections 66265.144 and 66265.146 apply only to owners and operators of hazardous waste facilities which are:
(1) disposal facilities;
(2) tank systems that are required under section 66265.197 to meet the requirements for landfills; and
(3) containment buildings that are required under section 66265.1102 to meet the requirements for landfills.
(c) States and the Federal government are exempt from the requirements of this article.
(d) For purposes of this article, state government shall not include municipal, local, city, county, city-county special district government or any subdivisions thereof.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25245 and 58012, Health and Safety Code; 40 CFR Section 265.140. 
  

 



s 66265.141. Definitions As Used in This Article.
 (a) The following terms, as defined in section 66260.10, are used in the specifications for the financial tests for closure, post-closure care, and liability coverage. The definitions are intended to assist in the understanding of these regulations and are not intended to limit the meanings of terms in a way that conflicts with generally accepted accounting practices.
"Assets"
"Current assets"
"Current liabilities"
"Current plugging and abandonment cost estimate"
"Independently audited"
"Liabilities"
"Net working capital"
"Net worth"
"Substantial business relationship"
"Tangible net worth"
(b) In the liability coverage requirements the terms "bodily injury" and  "property damage" as defined in section 66260.10 shall have the meanings given these terms by applicable State law. However, these terms do not include those liabilities which, consistent with standard industry practice, are excluded from coverage in liability policies for bodily injury and property damage. The Department intends the meanings of other terms used in the liability insurance requirements to be consistent with their commonmeanings within the insurance industry. The definitions given below and defined in section 66260.10 are intended to assist in the understanding of these regulations and are not intended to limit their meanings in a way that conflicts with general insurance industry usage.
"Accidental occurrence"
"Legal defense costs"
"Nonsudden accidental occurrence"
"Sudden accidental occurrence"
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.141. 
  
 



s 66265.142. Cost Estimate for Closure.
 (a) The owner or operator shall prepare and submit to the Department a detailed written estimate, in current dollars, of the cost of closing the facility in accordance with the requirements in sections 66265.111 through 66265.115 and applicable closure requirements in sections 66265.178, 66265.197, 66265.228, 66265.258, 66265.280, 66265.310, 66265.351, 66265.381, 66265.404, and 66265.1102.
(1) The estimate shall be submitted in accordance with sections 66270.10 and 66270.14. The estimate shall equal the cost of final closure at the point in the facility's active life when the extent and manner of its operation would make closure the most expensive, as indicated by its closure plan (see section 66265.112(b)).
(2) The closure cost estimate shall be based on the costs to the owner or operator of hiring a third party to close the facility. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10.) The owner or operator may use costs for on-site disposal if it can be demonstrated that on-site disposal capacity will exist at all times over the life of the facility.
(3) The closure cost estimate shall not incorporate any salvage value that may be realized by the sale of hazardous wastes, or non-hazardous wastes if applicable under section 66265.113(d), facility structures or equipment, land or other facility assets associated with the facility at the time of the partial or final closure.
(4) The owner or operator shall not incorporate a zero cost for hazardous wastes, or non-hazardous wastes if applicable under section 66265.113(d), that might have economic value.
(b) During the active life of the facility, the owner or operator shall adjust the closure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66265.143. For owners and operators using the financial test or corporate guarantee, the closure cost estimate shall be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the Department as specified in section 66265.143(e)(3). The adjustment shall be made by recalculating the closure cost estimate in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business, as specified in subsections (b)(1) and (2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the closure cost estimate no later than 30 days after a revision has been made to the closure plan which increases the cost of closure. If the owner or operator has an approved closure plan, the closure cost estimate shall be revised no later than 30 days after the Department has approved the request to modify the closure plan, if the change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (b) of this section.
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: The latest closure cost estimate prepared in accordance with subsections (a) and (c) of this section and, when this estimate has been adjusted in accordance with subsection (b) of this section, the latest adjusted closure cost estimate.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  25245, 58004  and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and  25245, Health and Safety Code; 40 CFR Section 265.142. 
  
 



s 66265.143. Financial Assurance for Closure.
An owner or operator of each facility shall establish and demonstrate to the Department financial assurance for closure of the facility. The owner or operator shall choose from the options as specified in subsections (a) through (e) and (h) of this section.
(a) Closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a closure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1), shall contain original signatures and shall be accompanied by a formal certification of acknowledgement (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current closure cost estimate covered by the trust agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the ten (10) years beginning with the establishment of the trust fund or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the closure trust fund shall be made as follows.
(A) The first payment shall be at least equal to the current closure cost estimate, except as provided in subsection (f), of this section divided by the number of years in the pay-in period.
(B) Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment must be determined by this formula:
 CE-CV
Y
where CE is the current closure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or deposit the full amount of the current closure cost estimate at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a closure trust fund after having used one or more alternate mechanisms specified in this section, the first payment shall be in at least the amount that the fund would contain if the  trust fund were established initially and annual payments made as specified in subsection (a)(3) of this section.
(6) After the pay-in period is completed, whenever the current closure cost estimate changes, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance as specified in this article to cover the difference.
(7) If the value of the trust fund is greater than the total amount of the current closure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current closure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, a written request may be submitted to the Department for release of the amount in excess of the current closure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsections (a)(7) or (8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before final closure occurs, the value of the trust fund shall equal the amount of the current closure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current closure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) After beginning partial or final closure, an owner or operator or another person authorized to conduct partial or final closure may request reimbursements for partial or final closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. No later than 60 days after receiving bills for partial or final closure activities, the Department shall instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, the Department may withhold reimbursements of such amounts as deemed prudent until a determination is made, in accordance with subsection (i) of this section, that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Department does not instruct the trustee to make such reimbursements, a detailed written statement of reasons will be provided to the owner or operator.
(12) The Department will agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(b) Surety bond guaranteeing payment into a closure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator shall:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. For facilities that require a RCRA permit, the determination will be made pursuant to Health and Safety Code Section 25187.
(6) The penal sum of the bond shall be in an amount at least equal to the current closure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the penal sum may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipt.
(9) The owner or operator may cancel the bond if the Department has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Closure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit which conforms to the requirements of this subsection and submitting the letter to the Department. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund shall meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current closure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: the Hazardous Waste Facility Identification Number, name and address of the facility, and the amount of funds assured for closure of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least 1 year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(6) The letter of credit shall be issued in an amount at least equal to the current closure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current closure cost estimate increases to an amount greater than the amount of the letter of credit, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the amount of the letter of credit may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(8) Following a determination by the Department that the owner or operator has failed to perform final closure in accordance with the approved closure plan when required to do so, the Department may draw on the letter of credit. For facilities that require a RCRA permit, that determination shall be made pursuant to Section 25187 of the Health and Safety Code.
(9) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(10) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(d) Closure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining closure insurance which conforms to the requirements of this section and submitting a certificate of such insurance to the Department. The owner or operator shall submit to the Department a letter from an insurer stating that the insurer is considering issuance of closure insurance conforming to the requirements of this subsection to the owner or operator. The owner or operator shall submit the certificate of insurance to the Department or establish other financial assurance as specified in this section. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The closure insurance policy shall be issued for a face amount at least equal to the current closure cost estimate, except as provided in subsection (f) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The closure insurance policy shall guarantee that funds shall be available to close the facility whenever final closure occurs. The policy shall also guarantee that once final closure begins, the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon direction from the Department, to such party or parties as the Department specifies.
(5) After beginning partial or final closure, an owner or operator or any other person authorized to conduct closure may request reimbursements for closure expenditures by submitting itemized bills to the Department. The owner or operator may request reimbursements for partial closure only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for closure activities, the Department shall instruct the insurer to make reimbursements in such amounts as the Department specifies in writing if the Department determines that the partial or final closure expenditures are in accordance with the approved closure plan or otherwise justified. If the Department has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the face amount of the policy, a reimbursement of such amounts may be withheld as deemed prudent until a determination, in accordance with subsection (i) of this section, that the owner or operator is no longer required to maintain financial assurance for final closure of the particular facility is made. If the Department does not instruct the insurer to make such reimbursements, the owner or operator shall be provided a detailed written statement of reasons.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (d)(10) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in this section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation will be deemed to begin upon receipt by the Department of a notice of future cancellation, termination or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew shall not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) interim status is terminated or revoked; or
(C) closure is ordered by the Department or any other State or Federal agency or a U.S. district court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current closure cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current closure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current closure cost estimate decreases, the face amount may be reduced to the amount of the current closure cost estimate following written approval by the Department.
(10) The Department shall give written consent to the owner or operator that the insurance policy may be terminated when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(e) Financial test and guarantee for closure.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of either subsection (e)(1)(A) or (B) of this section:
(A) the owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) The owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial officer. The phrase "current plugging and abandonment cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1-4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test has been met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer. The letter shall be on the owner's or operator's official letterhead stationery, shall contain an original signature and shall be worded as specified in section 66264.151, subsection (f); and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) A special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused the accountant to believe that the specified data should be adjusted.
(4) After the initial submission of items specified in subsection (e)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all items specified in subsection (e)(3) of this section.
(5) If the owner or operator no longer meets the requirements of subsection  (e)(1) of this section, the owner or operator shall send notice to the Department of intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after such occurrence.
(6) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (e)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (e)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (e)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(7) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (e)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department shall evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(8) The owner or operator is no longer required to submit the items specified in subsection (e)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (i) of this section.
(9) An owner or operator may meet the requirements of this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation of the owner or operator as defined in section 66260.10, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet and comply with the requirements for owners or operators in subsections (e)(1) through (e)(8) of this section and shall comply with the terms of the guarantee. The wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h). The guarantee shall be on the official letterhead stationery of the parent corporation, shall contain an original signature and the signature shall be formally witnessed or notarized. A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (e)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform final closure of a facility covered by the guarantee in accordance with the closure plan and other interim status requirements whenever required to do so, the guarantor shall do so or shall establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipts;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.
(f) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a) through (d) and (h) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current closure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, the trust fund may be used as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for closure of the facility.
(g) Use of a financial mechanism for multiple facilities. An owner or operator may use one or more of the financial assurance mechanisms specified in section 66265.143, subsections (a) through (e) and (h) to meet the requirements of section 66265.143 for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for closure assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for closure of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(h) Alternative Financial Mechanism for Closure Costs.
(1) An owner or operator of a facility or facilities where solely non-RCRA hazardous waste is managed may establish financial assurance for closure by means of a financial mechanism other than those specified in subsections (a) through (e) of this section, provided that, prior to its use, the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (e) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) Certainty of the availability of funds for the required closure activities; and
(B) The amount of funds that will be made available.
The Department shall also consider other factors deemed to be appropriate, and shall require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of section 66265.143. The submission shall include the following information:
(A) Name, address and telephone number of issuing institution; and
(B) Hazardous waste facility identification number, name, address and closure cost estimate for each facility intended to be covered by the proposed mechanism; and
(C) The amount of funds for closure to be assured for each facility by the proposed mechanism; and
(D) The terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial mechanisms specified in subsections (a) through (e) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (e) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current closure cost estimate.
(i) Release of the owner or operator from the requirements of this section.
(1) Within 60 days after receiving certifications from the owner or operator and an independent professional engineer, registered in California that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that he or she is no longer required by this section to maintain financial assurance for final closure of the facility, unless the Department has reason to believe that final closure has not been in accordance with the approved closure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been in accordance with the approved closure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that he or she is complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for closure of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Sections 25245 and 25245.4, Health and Safety Code; 40 CFR Section 264.143. 
  
 



s 66265.144. Cost Estimate for Post-Closure Care.
 (a) The owner or operator of a hazardous waste disposal unit shall prepare and submit to the Department a detailed written estimate, in current dollars, of the annual cost of postclosure monitoring and maintenance of the facility in accordance with the applicable postclosure regulations in sections 66265.117 through 66265.120, 66265.228, 66265.258, 66265.280 and 66265.310.
(1) The postclosure cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct postclosure care activities. A third party is a party who is neither a parent nor subsidiary of the owner or operator. (See definition of parent corporation in section 66260.10).
(2) The postclosure cost estimate is calculated by multiplying the annual postclosure cost estimate by the number of years of postclosure care required under section 66265.117.
(b) During the active life of the facility, the owner or operator shall adjust the postclosure cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with section 66265.145. For owners or operators using the financial test or corporate guarantee, the postclosure care cost estimate shall be updated for inflation no later than 30 days after the close of the firm's fiscal year and before submission of updated information to the Department as specified in section 66265.145(d)(5). The adjustment shall be made by recalculating the postclosure cost estimate in current dollars or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business as specified in subsections (b)(1) and (b)(2) of this section. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(1) The first adjustment is made by multiplying the postclosure cost estimate by the inflation factor. The result is the adjusted postclosure cost estimate.
(2) Subsequent adjustments are made by multiplying the latest adjusted postclosure cost estimate by the latest inflation factor.
(c) During the active life of the facility, the owner or operator shall revise the postclosure cost estimate no later than 30 days after a revision to the postclosure plan which increases the cost of postclosure care. If the owner or operator has an approved postclosure plan, the postclosure cost estimate shall be revised no later than 30 days after the Department has approved the request to modify the plan, if the change in the postclosure plan increases the cost of postclosure care. The revised postclosure cost estimate shall be adjusted for inflation as specified in subsection (b) of this section.
(d) The owner or operator shall keep the following at the facility during the operating life of the facility: the latest postclosure cost estimate prepared in accordance with subsections (a) and (c) of this section and, when this estimate has been adjusted in accordance with subsection (b) of this section, the latest adjusted postclosure cost estimate.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.144. 
  
 



s 66265.145. Financial Assurance for Postclosure Care.
An owner or operator of a facility with a hazardous waste disposal unit shall establish and demonstrate to the Department financial assurance for postclosure care of the disposal unit(s). The owner or operator shall choose from the options as specified in subsections (a) through (e) and (h) of this section.
(a) Postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by establishing a postclosure trust fund which conforms to the requirements of this subsection and submitting an originally signed duplicate of the trust agreement to the Department. The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(2) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (a)(1). The trust agreement shall contain original signatures and shall be accompanied by a formal certification of acknowledgment (for example, see section 66264.151, subsection (a)(2)). Schedule A of the trust agreement shall be updated within 60 days after a change in the amount of the current postclosure cost estimate covered by the agreement.
(3) Payments into the trust fund shall be made annually by the owner or operator over the ten (10) years beginning with the establishment of the trust fund or over the remaining operating life of the facility as estimated in the closure plan, whichever period is shorter; this period is hereafter referred to as the "pay-in period." The payments into the postclosure trust fund shall be made as follows:
(A) The first payment shall be at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section, divided by the number of years in the pay-in period.
(B) Subsequent payments shall be made no later than 30 days after each anniversary date of the first payment. The amount of each subsequent payment shall be determined by this formula:
 CE-CV
Y
where CE is the current postclosure cost estimate, CV is the current value of the trust fund, and Y is the number of years remaining in the pay-in period.
(4) The owner or operator may accelerate payments into the trust fund or deposit the full amount of the current postclosure cost estimate at the time the fund is established. However, the value of the fund shall be maintained at no less than the value that the fund would have if annual payments were made as specified in subsection (a)(3) of this section.
(5) If the owner or operator establishes a postclosure trust fund after having used one or more alternate mechanisms specified in this section, the first payment shall be in at least the amount that the fund would contain if the trust fund were established initially and annual payments made as specified in subsection (a)(3) of this section.
(6) After the pay-in period is completed, whenever the current postclosure cost estimate changes during the operating life of the facility, the owner or operator shall compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance as specified in this section to cover the difference.
(7) During the operating life of the facility, if the value of the trust fund is greater than the total amount of the current postclosure cost estimate, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate.
(8) If an owner or operator substitutes other financial assurance as specified in this section for all or part of the trust fund, the owner or operator may submit a written request to the Department for release of the amount in excess of the current postclosure cost estimate covered by the trust fund.
(9) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsection (a)(7) or (8) of this section, the Department will instruct the trustee to release to the owner or operator such funds as the Department specifies in writing.
(10) Before final postclosure occurs, the value of the trust fund shall equal the amount of the current postclosure cost estimate. If the value of the fund is less than the amount of the current estimate, the owner or operator shall either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current postclosure cost estimate, or obtain other financial assurance, as specified in this section, to cover the difference.
(11) During the period of postclosure care, the Department shall approve a release of funds if the owner or operator demonstrates to the satisfaction of the Department that the value of the trust fund exceeds the remaining cost of postclosure care.
(12) An owner or operator or any other person authorized to conduct postclosure care may request reimbursements for postclosure expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department will instruct the trustee to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the trustee to make such reimbursements, the owner or operator shall be provided a detailed written statement of reasons.
(13) The Department will agree to termination of the trust when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(b) Surety bond guaranteeing payment into a postclosure trust fund.
(1) An owner or operator may satisfy the requirements of this section by obtaining a surety bond which conforms to the requirements of this subsection and submitting the bond to the Department. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on Federal bonds in Circular 570 of the U.S. Department of the Treasury.
(2) The wording of the surety bond shall be identical to the wording specified in section 66264.151, subsection (b). The surety bond shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) The owner or operator who uses a surety bond to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the bond, all payments made thereunder shall be deposited by the surety directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the surety bond; and
(B) until the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The bond shall guarantee that the owner or operator shall:
(A) fund the standby trust fund in an amount equal to the penal sum of the bond before the beginning of final closure of the facility; or
(B) fund the standby trust fund in an amount equal to the penal sum within 15 days after an administrative order to begin final closure issued by the Department becomes final, or within 15 days after an order to begin final closure is issued by a U.S. district court or other court of competent jurisdiction; or
(C) provide alternate financial assurance as specified in this section, and obtain the Department's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the bond from the surety.
(5) Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond.
(6) The penal sum of the bond shall be in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, shall either cause the penal sum to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases, the penal sum may be reduced to the amount of the current postclosure cost estimate following written approval by the Department.
(8) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department, as evidenced by the return receipt.
(9) The owner or operator may cancel the bond if the Department has given prior written consent based on receipt of evidence of alternate financial assurance as specified in this section.
(c) Postclosure letter of credit.
(1) An owner or operator may satisfy the requirements of this section by obtaining and submitting to the Department, an irrevocable standby letter of credit which conforms to the requirements of this subsection. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(2) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (d). The letter of credit shall contain original signatures and shall be accompanied by the documents specified in this subsection.
(3) An owner or operator who uses a letter of credit to satisfy the requirements of this section shall also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Department shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Department. This standby trust fund must meet the requirements of the trust fund specified in subsection (a) of this section, except that:
(A) an originally signed duplicate of the standby trust agreement shall be submitted to the Department with the letter of credit; and
(B) unless the standby trust fund is funded pursuant to the requirements of this section, the following are not required by these regulations:
1. payments into the trust fund as specified in subsection (a) of this section;
2. updating of Schedule A of the trust agreement (see section 66264.151, subsection (a)) to show current postclosure cost estimates;
3. annual valuations as required by the trust agreement; and
4. notices of nonpayment as required by the trust agreement.
(4) The letter of credit shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution and date, and providing the following information: the Hazardous Waste Facility Identification Number, name and address of the facility and the amount of funds assured for postclosure care of the facility by the letter of credit.
(5) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipt.
(6) The letter of credit shall be issued in an amount at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section.
(7) Whenever the current postclosure cost estimate increases to an amount greater than the amount of the letter of credit during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the amount of the letter of credit to be increased so that it at least equals the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the amount of the letter of credit may be reduced to the amount of the current postclosure cost estimate following written approval from the Department.
(8) During the period of postclosure care, the Department may approve a decrease in the amount of the letter of credit if the owner or operator demonstrates to the Department that the amount exceeds the remaining cost of postclosure care.
(9) Following a determination by the Department that the owner or operator has failed to perform postclosure care in accordance with the approved postclosure plan and other permit requirements, the Department may draw on the letter of credit.
(10) If the owner or operator does not establish alternate financial assurance as specified in this section and obtain written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Department shall draw on the letter of credit. The Department shall delay drawing on the letter of credit in accordance with the provisions of this paragraph, if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Department shall draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this section and obtain written approval of such assurance from the Department.
(11) The Department shall return the letter of credit to the issuing institution for termination when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) The Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(d) Postclosure insurance.
(1) An owner or operator may satisfy the requirements of this section by obtaining postclosure insurance which conforms to the requirements of this subsection and submitting a certificate of such insurance to the Department. The owner or operator shall submit to the Department a letter from an insurer stating that the insurer is considering issuance of postclosure insurance conforming to the requirements of this section to the owner or operator. The owner or operator shall submit the certificate of insurance to the Department or establish other financial assurance as specified in this section. At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(2) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (e). The certificate of insurance shall contain original signatures.
(3) The postclosure insurance policy shall be issued for a face amount at least equal to the current postclosure cost estimate, except as provided in subsection (f) of this section. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer shall not change the face amount, although the insurer's future liability shall be lowered by the amount of the payments.
(4) The postclosure insurance policy shall guarantee that funds shall be available to provide postclosure care of the facility whenever the postclosure period begins. The policy shall also guarantee that once postclosure care begins the insurer shall be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the Department, to such party or parties as the Department specifies.
(5) An owner or operator or any other person authorized to perform postclosure care may request reimbursement for postclosure care expenditures by submitting itemized bills to the Department. Within 60 days after receiving bills for postclosure care activities, the Department will instruct the insurer to make reimbursements in those amounts as the Department specifies in writing, if the Department determines that the postclosure expenditures are in accordance with the approved postclosure plan or otherwise justified. If the Department does not instruct the insurer to make such reimbursements, a detailed written statement of reasons will be provided to the owner or operator.
(6) The owner or operator shall maintain the policy in full force and effect until the Department consents to termination of the policy by the owner or operator as specified in subsection (d)(11) of this section. Failure to pay the premium, without substitution of alternate financial assurance as specified in the section, shall constitute a significant violation of these regulations, warranting such remedy as the Department deems necessary. Such violation shall be deemed to begin upon receipt by the Department of a notice of future cancellation, termination or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(7) Each policy shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(8) The policy shall provide that the insurer may not cancel, terminate or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy shall, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate or fail to renew the policy by sending notice by certified mail to the owner or operator and the Department. Cancellation, termination or failure to renew shall not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Department and the owner or operator, as evidenced by the return receipts. Cancellation, termination or failure to renew shall not occur and the policy shall remain in full force and effect in the event that on or before the date of expiration:
(A) the Department deems the facility abandoned; or
(B) interim status is terminated or revoked; or
(C) closure is ordered by the Department or any other State or Federal agency or a U.S. District Court or other court of competent jurisdiction; or
(D) the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(E) the premium due is paid.
(9) Whenever the current postclosure cost estimate increases to an amount greater than the face amount of the policy during the operating life of the facility, the owner or operator, within 60 days after the increase, shall either cause the face amount to be increased to an amount at least equal to the current postclosure cost estimate and submit evidence of such increase to the Department, or obtain other financial assurance as specified in this section to cover the increase. Whenever the current postclosure cost estimate decreases during the operating life of the facility, the face amount may be reduced to the amount of the current postclosure cost estimate following written approval by the Department.
(10) Commencing on the date that liability to make payments pursuant to the policy accrues, the insurer shall thereafter annually increase the face amount of the policy. Such increase shall be equivalent to the face amounts of the policy, less any payments made, multiplied by an amount equivalent to 85 percent of the most recent investment rate or of the equivalent coupon-issue yield announced by the U.S. Treasury for 26-week Treasury securities.
(11) The Department will give written consent to the owner or operator that the insurance policy may be terminated when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with subsection (i) of this section.
(e) Financial test and guarantee for postclosure care.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this section. To pass this test the owner or operator shall meet the criteria either of subsection (e)(1)(A) or (B) of this section.
(A) the owner or operator shall have:
1. two of the following three ratios: a ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
2. net working capital and tangible net worth each at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(B) the owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates; and
3. tangible net worth of at least $10 million; and
4. assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current closure and postclosure cost estimates and the current plugging and abandonment cost estimates.
(2) The phrase "current closure and postclosure cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer. The phrase "current plugging and abandonment cost estimates" as used in subsection (e)(1) of this section refers to the cost estimates required to be shown in paragraphs 1 through 4 of the letter from the owner's or operator's chief financial officer.
(3) To demonstrate that this test can be met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (f). The letter shall be on the owner's or operator's official letterhead stationery, and shall contain an original signature, and
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused him or her to believe that the specified data should be adjusted.
(4) After the initial submission of items specified in subsection (e)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (e)(3) of this section.
(5) If the owner or operator no longer meets the requirements of subsection  (e)(1) of this section, the owner or operator must send notice to the Department of intent to establish alternate financial assurance as specified in this section. The notice shall be sent by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the requirements. The owner or operator shall provide the alternate financial assurance within 120 days after any such occurrence.
(6) The Department may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subsection (e)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (e)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (e)(1) of this section, the owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of such a finding.
(7) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (e)(3)(B) of this section). An adverse opinion or a disclaimer of opinion shall be cause for disallowance. The Department will evaluate other qualifications on an individual basis. The owner or operator shall provide alternate financial assurance as specified in this section within 30 days after notification of the disallowance.
(8) During the period of postclosure care, the Department may approve a decrease in the current postclosure cost estimate for which this test demonstrates financial assurance if the owner or operator demonstrates to the Department that the amount of the cost estimate exceeds the remaining cost of postclosure care.
(9) The owner or operator is no longer required to submit the items specified in subsection (e)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance as specified in this section; or
(B) the Department releases the owner or operator from the requirements in accordance with subsection (i) of this section.
(10) An owner or operator may meet the requirements for this section by obtaining a written guarantee. The guarantor shall be the direct or higher-tier parent corporation as defined in section 66260.10 of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (e)(1) through (9) of this section and shall comply with the terms of the guarantee. The wording of the guarantee shall be identical to the wording specified in section 66264.151, subsection (h). A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsections (e)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee shall provide that:
(A) if the owner or operator fails to perform postclosure care of a facility covered by the guarantee in accordance with the postclosure plan and other interim status requirements whenever required to do so, the guarantor shall do so or establish a trust fund as specified in subsection (a) of this section in the name of the owner or operator;
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. Cancellation shall not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Department as evidenced by the return receipt;
(C) if the owner or operator fails to provide alternate financial assurance as specified in this section and obtain the written approval of such alternate assurance from the Department within 90 days after receipt by both the owner or operator and the Department of a notice of cancellation of the guarantee from the guarantor, the guarantor shall provide such alternate financial assurance in the name of the owner or operator.
(f) Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this section by establishing more than one financial mechanism per facility. The mechanisms shall be as specified in subsections (a) through (d) and (h) of this section, except that it is the combination of mechanisms, rather than the single mechanism, which shall provide financial assurance for an amount at least equal to the current postclosure cost estimate. If an owner or operator uses a trust fund in combination with a surety bond or a letter of credit, he or she may use the trust fund as the standby trust fund for the other mechanisms. A single standby trust fund may be established for two or more mechanisms. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other as "excess" coverage. The Department may use any or all of the mechanisms to provide for postclosure care of the facility.
(g) Use of a financial mechanism for multiple facilities for postclosure care. An owner or operator may use one or more of the financial assurance mechanisms specified in subsections (a) through (e) and (h) of this section and section 66265.146 to meet the requirements of this section for more than one facility. Evidence of financial assurance submitted to the Department shall include a list showing, for each facility, the Hazardous Waste Facility Identification Number, name, address and the amount of funds for postclosure care assured by the mechanism. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for postclosure care of any of the facilities covered by the mechanism, the Department may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
(h) Alternative Financial Mechanism for Postclosure Care.
(1) The owner or operator may establish financial assurance for postclosure care for facilities which manage solely non-RCRA hazardous waste by means of a financial mechanism other than as specified in subsections (a) through (e) of this section, provided that prior to its use the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsections (a) through (e) of this section and section 66265.146. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required postclosure care activities; and
(B) the amount of funds that will be made available;
(C) the Department may also consider other factors deemed to be appropriate, and may require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of this section. The submission shall include the following information:
(A) name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and postclosure cost estimate for each facility; and
(C) the amount of funds for postclosure care to be assured for each facility by the proposed mechanism; and
(D) the terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the financial assurance mechanisms specified in subsections (a) through (e) of this section.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of funds, the owner or operator shall either increase the amount of the mechanism or obtain other financial assurance as specified in subsections (a) through (e) of this section. The amount of funds available through the combination of mechanisms shall at least equal the current postclosure cost estimate.
(i) Release of the owner or operator from Financial Assurance requirements for postclosure care.
(1) Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that all postclosure care requirements have been completed in accordance with the approved postclosure plan, the Department, at the request of the owner or operator, will notify the owner or operator in writing that he or she is no longer required by this section to maintain financial assurance for postclosure care of that unit, unless the Department has reason to believe that postclosure care has not been in accordance with the approved postclosure plan. The Department shall provide the owner or operator a detailed written statement of any such reason to believe that postclosure care has not been in accordance with the approved postclosure plan.
(2) When transfer of ownership or operational control of a facility occurs, and the new owner or operator has demonstrated to the satisfaction of the Department that the owner or operator is complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that they are no longer required to maintain financial assurance for postclosure care of that particular facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5 and 25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.145. 
  
 



s 66265.146. Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care.
An owner or operator may satisfy the requirements for financial assurance for both closure and post-closure care for one or more facilities by using a trust fund, surety bond, letter of credit, insurance, financial test, or corporate guarantee or alternative mechanism, that meets the specifications for the mechanism in both sections 66265.143 and 66265.145. The amount of funds available through the mechanism shall be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for financial assurance of closure and of post-closure care.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.146. 
  
 



s 66265.147. Liability Requirements.
 (a) Coverage for sudden accidental occurrences. An owner or operator of a hazardous waste transfer, treatment, storage or disposal facility or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. Except as specified in Section 67450.16, the owner or operator shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. This liability coverage may be demonstrated, as specified in subsections (a)(1), (2), (3), (4), (5), (6) or (8) of this section, and for an operator which is a public agency proposing to operate a household hazardous waste collection facility, subsection (7).
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in subsections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a payment bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amounts required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other assurance as "excess" coverage.
(7) An operator which is a public agency which is proposing to operate a household hazardous waste collection facility may meet the requirements of this section by obtaining self-insurance as specified in subsection (k) of this section.
(8) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (l) of this section.
(9) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability coverage under this section provided by a financial instrument authorized by subsections (a)(1) through (a)(5), (a)(7) and (a)(8) of this section; or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage, or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (a)(1) through (a)(5), (a)(7) and (a)(8) of this section; or
(C) a final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsection (a)(1) through (a)(5), (a)(7) and (a)(8) of this section
(b) Coverage for non-sudden accidental occurrences. An owner or operator of a surface impoundment as defined in section 66260.10, landfill as defined in section 66260.10, or land treatment facility as defined in section 66260.10 which is used to manage hazardous waste, or a group of such facilities, shall demonstrate to the Department financial responsibility for bodily injury and property damage to third parties caused by non-sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator shall have and maintain liability coverage for non-sudden accidental occurrences in the amount of at least $3 million per occurrence, as defined in section 66260.10 with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the requirements of this section may combine the required per-occurrence coverage levels for sudden and non-sudden accidental occurrences into a single per-occurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and non-sudden accidental occurrences shall maintain liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be demonstrated as specified in subsections (b)(1) through (7) of this section.
(1) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this subsection.
(A) At a minimum, the insurer shall be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in one or more states.
(B) Each insurance policy shall be amended by attachment of the Hazardous Waste Facility Liability Endorsement or evidenced by a Certificate of Liability Insurance. If requested by the Department, the owner or operator shall provide a copy of the insurance policy; the copy of the insurance policy shall contain original signatures.
(C) The wording of the liability endorsement shall be identical to the wording specified in section 66264.151, subsection (i). The liability endorsement shall contain original signatures and shall be submitted to the Department.
(D) The wording of the certificate of insurance shall be identical to the wording specified in section 66264.151, subsection (j). The certificate of insurance shall contain original signatures and shall be submitted to the Department.
(E) An owner or operator of a new facility shall submit the liability endorsement or certificate of insurance to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal. The insurance shall be effective before this initial receipt of hazardous waste.
(2) An owner or operator may meet the requirements of this section by passing a financial test or using the guarantee for liability coverage as specified in sections (f) and (g) of this section.
(3) An owner or operator may meet the requirements of this section by obtaining a letter of credit for liability coverage as specified in subsection (h) of this section.
(4) An owner or operator may meet the requirements of this section by obtaining a payment bond for liability coverage as specified in subsection (i) of this section.
(5) An owner or operator may meet the requirements of this section by obtaining a trust fund for liability coverage as specified in subsection (j) of this section.
(6) An owner or operator may demonstrate the required liability coverage through use of combinations of insurance, financial test, guarantee, letter of credit, payment bond and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirements with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated shall total at least the minimum amounts required by this section. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subsection, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify the other assurance as "excess" coverage.
(7) An owner or operator may meet the requirements of this section by obtaining an alternative financial mechanism, as described in subsection (l) of this section.
(8) An owner or operator shall notify the Department in writing within 30 days whenever:
(A) a claim results in a reduction in the amount of financial assurance for liability coverage under this section provided by a financial instrument authorized by subsections (b)(1) through (b)(7) of this section; or
(B) a Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste transfer, treatment, storage, or disposal facility is entered between the owner or operator and third-party claimant for liability coverage under subsections (b)(1) through (b)(7) of this section; or
(C) a final court order establishing a judgement for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous waste treatment, storage, or disposal facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subsections (b)(1) through (b)(7) of this section.
(c) Request for variance. If an owner or operator can demonstrate to the satisfaction of the Department that the levels of financial responsibility required by subsection (a) or (b) of this section or section 67450.5 are not consistent with the degree and duration of risk associated with transfer, treatment, storage, or disposal at the facility or group of facilities, the owner or operator may obtain a variance from the Department. The request for a variance shall be submitted in writing to the Department. If granted, the variance shall take the form of an adjusted level of required liability coverage, such level to be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The Department may require an owner or operator who requests a variance to provide such technical and engineering information as is deemed necessary by the Department to determine a level of financial responsibility other than that required by subsection (a) or (b) of this section or section 67450.5. The Department will process a variance request as if it were a permit modification request under section 66270.41, subsection (a)(5) of this division and subject to the procedures of section 66271.4 of this division. Notwithstanding any other provision, the Department may hold a public hearing at its discretion or whenever it finds, on the basis of requests for a public hearing, a significant degree of public interest is expressed in a tentative decision to grant a variance.
(d) Adjustments by the Department. If the Department determines that the levels of financial responsibility required by subsections (a) or (b) of this section or section 67450.5 are not consistent with the degree and duration of risk associated with transfer, treatment, storage or disposal at the facility or group of facilities, the Department may adjust the level of financial responsibility required under subsections (a) or (b) of this section or section 67450.5 as may be necessary to protect human health and the environment. This adjusted level shall be based on the Department's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the Department determines that there is a significant risk to human health and the environment from non-sudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, landfill or land treatment facility, the Department shall require that an owner or operator of the facility comply with subsection (b) of this section. An owner or operator shall furnish to the Department, within a reasonable time, any information which the Department requests to determine whether cause exists for such adjustments of level or type of coverage. The Department shall process an adjustment of the level of required coverage as if it were a permit modification under section 66270.41, subsection (a)(5) of this division and subject to the procedures of 66271.4 of this division. Notwithstanding any other provision, the Department may hold a public hearing at its discretion or whenever, on the basis of requests for a public hearing, a significant degree of public interest is expressed in a tentative decision to adjust the level or type of required coverage.
(e) Period of coverage. Within 60 days after receiving certifications from the owner or operator and an independent registered professional engineer that final closure has been completed in accordance with the approved closure plan, the Department shall notify the owner or operator in writing that he or she is no longer required by this section to maintain liability coverage for that facility, unless the Department has reason to believe that closure has not been in accordance with the approved closure plan.
(f) Financial test for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by demonstrating that he or she passes a financial test as specified in this subsection. To pass this test the owner or operator shall meet the criteria of subsection (f)(1)(A) or (B) of this section.
(A) the owner or operator shall have:
1. net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by this test; and
2. tangible net worth of at least $10 million; and
3. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(B) the owner or operator shall have:
1. a current rating for his or her most recent bond issuance of AAA, AA, A or BBB as issued by Standard and Poor's, or Aaa, Aa, A or Baa as issued by Moody's; and
2. tangible net worth of at least $10 million; and
3. tangible net worth at least six times the amount of liability coverage to be demonstrated by this test; and
4. assets in the United States amounting to either:
a. at least 90 percent of total assets; or
b. at least six times the amount of liability coverage to be demonstrated by this test.
(2) The phrase "amount of liability coverage" as used in subsection (f)(1) of this section refers to the annual aggregate amounts for which coverage is required under subsections (a) and (b) of this section and sections 67450.14 and 67450.15.
(3) To demonstrate that this test can be met, the owner or operator shall submit the following items to the Department:
(A) a letter signed by the owner's or operator's chief financial officer and worded as specified in section 66264.151, subsection (g). The letter shall be on the official letterhead stationery of the owner or operator, and shall contain an original signature. An owner or operator may use the financial test to demonstrate both assurance for closure or postclosure care, as specified in section 66264.143, subsection (f), section 66264.145, subsection (f), section 66265.143, subsection (e), section 66265.145, subsection (e) and section 67450.13, and liability coverage as specified in section 66264.147, subsection (a), section 66264.147, subsection (b), section 66265.147, subsection (a), section 66265.147, subsection (b), sections 67450.14 and 67450.15. If an owner or operator is using the financial test to cover both forms of financial responsibility, a separate letter is not required.
(B) a copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year.
(C) a special report from the owner's or operator's independent certified public accountant to the owner or operator stating that:
1. the independent certified public accountant has compared the data which the letter from the chief financial officer specifies as having been derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements; and
2. in connection with that procedure, no matters came to the independent certified public accountant's attention which caused him or her to believe that the specified data should be adjusted.
(4) An owner or operator of a new facility shall submit the items specified in subsection (f)(3) of this section to the Department at least 60 days before the date on which hazardous waste is first received for transfer, treatment, storage or disposal.
(5) After the initial submission of items specified in subsection (f)(3) of this section, the owner or operator shall send updated information to the Department within 90 days after the close of each succeeding fiscal year. This information shall consist of all three items specified in subsection (f)(3) of this section.
(6) If the owner or operator no longer meets the requirements of subsection  (f)(1) of this section, liability coverage shall be obtained for the entire amount of coverage as described in this section by use of the financial mechanisms described in this section. Notice shall be sent to the Department of the owner's or operator's intent to obtain the required coverage; notice shall be sent by either registered mail or by certified mail within 90 days after any occurrence that prevents the owner or operator from meeting the test requirements. Evidence of liability coverage shall be submitted to the Department within 90 days after any occurrence that prevents the owner or operator from meeting the requirements.
(7) The Department may, based on a reasonable belief that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, require reports of financial condition at any time from the owner or operator in addition to those specified in subsection (f)(3) of this section. If the Department finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subsection (f)(1) of this section, the owner or operator shall provide alternate financial assurance for closure and postclosure care and evidence of the required liability coverage as specified in this section within 30 days after notification of such a finding.
(8) The Department may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his or her report on examination of the owner's or operator's financial statements (see subsection (f)(3)(B) of this section). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The Department will evaluate other qualifications on an individual basis. The owner or operator shall provide evidence of liability coverage for the entire amount required as specified in this section within 30 days after notification of disallowance.
(9) The owner or operator is no longer required to submit the items specified in subsection (f)(3) of this section when:
(A) an owner or operator substitutes alternate financial assurance for closure and postclosure care and evidence of liability coverage as specified in this section; or
(B) the Department releases the owner or operator from the requirements of this section in accordance with sections 66265.143, subsection (i), 66265.145, subsection (i) and 66265.147, subsection (e).
(g) Guarantee for liability coverage.
(1) Subject to subsection (g)(2) of this section, an owner or operator may meet the requirements of this section by obtaining a written guarantee, hereinafter referred to as "guarantee." The guarantor shall be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor shall meet the requirements for owners or operators in subsections (f)(1) through (f)(6) of this section. The wording of the guarantee shall be identical to the wording specified in  section 66264.151, subsection (h)(2), and shall have original signatures. A certified copy of the guarantee shall accompany the items sent to the Department as specified in subsection (f)(3) of this section. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, this letter shall describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter shall describe this "substantial business relationship" and the value received in consideration of the guarantee. The term of the guarantee shall provide as follows:
(A) if the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property damage to third parties caused by sudden or non-sudden accidental occurrences (or both as the case may be), arising from the operation of facilities covered by this guarantee, or fails to pay an amount agreed to in settlement of claims arising from or alleged to arise from such injury or damage, the guarantor shall do so up to the limits of coverage.
(B) the guarantee shall remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Department. This guarantee shall not be terminated unless and until the Department approves alternate liability coverage complying with section 66264.147 and/or section 66265.147.
(2)(A) In the case of corporations incorporated in states other than California, a guarantee may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of;
1. the State in which the guarantor is incorporated, and
2. each state in which a facility covered by the guarantee is located have submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in that State.
(B) In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the requirements of this section only if;
1. the non-U.S. corporation has identified a registered agent for service of process in each State in which a facility covered by the guarantee is located and in the State in which it has its principal place of business; and if
2. the Attorney General or Insurance Commissioner of each State in which a facility covered by the guarantee is located and the State in which the guarantor corporation has its principal place of business, has submitted a written statement to the Department that a guarantee executed as described in this section is a legally valid and enforceable obligation in that State.
(h) Letter of credit for liability coverage:
(1) An owner or operator may satisfy the requirements of this section by obtaining an irrevocable standby letter of credit that conforms to the requirements of this subsection and submitting a copy of the letter of credit to the Department.
(2) The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a Federal or State agency.
(3) The wording of the letter of credit shall be identical to the wording specified in section 66264.151, subsection (k) of this division. The letter of credit shall contain original signatures and shall be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, effective date, and providing the following information; the hazardous waste facility identification number, name and address of the facility, and the amount of funds assured for valid third party liability claims of the facility by the letter of credit.
(4) An owner or operator who uses a letter of credit to satisfy the requirement of this section may also establish a standby trust fund. Under the terms of the letter of credit, all amounts paid pursuant to a draft
by the trustee of the standby trust shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the trustee. The trustee of the standby trust fund shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency. This standby trust fund shall meet all of the requirements of the trust fund specified in subsection (j) of this section.
(5) The wording of the standby trust fund shall be identical to the wording specified in section 66264.151, subsection (n).
(6) The letter of credit shall be irrevocable and issued for a period of at least one (1) year. The letter of credit shall provide that the expiration date will be automatically extended for a period of at least one (1) year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Department by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the owner or operator and the Department have received the notice, as evidenced by the return receipts.
(7) The letter of credit shall be issued in an amount at least equal to the required per occurrence and annual aggregate amount for sudden, or nonsudden, or sudden and nonsudden liability coverage, except as provided in subsection (b)(6) of this section.
(i) Payment bond for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by obtaining a payment bond that conforms to the requirements of this subsection and submitting a copy of the bond to the Department.
(2) The surety company issuing the bond shall be among those listed as acceptable sureties on Federal bonds in the most recent Circular 570 of the U.S. Department of the Treasury.
(3) The wording of the payment bond shall be identical to the wording specified in section 66264.151, subsection (l). The payment bond shall contain original signatures.
(4) A payment bond may be used to satisfy the requirements of this section only if the Attorney General or Insurance Commissioner of
(A) the State in which the surety is incorporated, and
(B) each State in which a facility/TTU covered by the payment bond is located have submitted a written statement to the Department that a payment bond executed as described in this section and is a legally valid and enforceable obligation in that State.
(j) Trust fund for liability coverage.
(1) An owner or operator may satisfy the requirements of this section by establishing a trust fund that conforms to the requirements of this subsection by submitting an originally signed duplicate of the trust agreement and a formal certification of acknowledgment.
(2) The trustee shall be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or state agency.
(3) The trust fund for liability coverage shall be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this section. If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the fund, shall either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other financial assurance as specified in this section to cover the difference. For purposes of this subsection, "the full amount of the liability coverage to be provided" means the amount of coverage for sudden and/or nonsudden occurrences required to be provided by the owner or operator by this section, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.
(4) The wording of the trust agreement shall be identical to the wording specified in section 66264.151, subsection (m).
(k)  Self-Insurance for Public Agencies.
(1) A public agency operating a household hazardous waste collection facility may demonstrate the required liability coverage by self-insuring as specified in this section, and by submitting evidence of such insurance to the Department.
(2) The public agency shall have:
(A) self-insurance;
(B) an active safety and loss prevention program that seeks to minimize the frequency and magnitude of third party damages caused by accidental occurrences and other self-insured losses; and
(C) procedures for and a recent history of timely investigation and resolution of any claims for third party damages caused by accidental occurrences and other self-insured losses.
(3) To demonstrate that self-insurance can be used, the public agency shall submit the following items to the Department at least 45 days before the date on which hazardous waste is first received. The insurance shall be effective before the initial receipt of hazardous waste:
(A) a Certificate of Self-Insurance shall be completed by utilizing only form DTSC 1165 (12/00), (Certificate of Self-Insurance), without making any changes to the form, which shall be provided by the Department; and
(B) a letter from the Chief Administrative Officer of the public agency which contains an original signature, stating that self-insurance is the chosen mechanism for liability coverage.
(4) If the public agency no longer meets the requirements of subsection (k)(2) of this section, notice shall be sent by either registered mail or certified mail within 30 days after any occurrence that prevents the public agency from meeting the self-insurance requirements. Alternative liability coverage shall be obtained for the entire amount of coverage as described in Section 67450.4, subsection (b) by using one of the other financial mechanisms described in this section. Evidence of the alternative liability coverage shall be submitted to the Department within 90 days after any occurrence that prevents the public agency from meeting the self-insurance requirements.
(5) The Department may, based on the reasonable belief that the public agency no longer meets the requirements of subsection (k)(2) of this section, require reports of financial condition and insurance policies at any time from the public agency in addition to those specified in subsection (k)(3) of this section. If the Department finds, on the basis of such reports or other information, that the public agency no longer meets the requirements of subsection (k)(2) of this section, the public agency shall provide alternate financial assurance for liability coverage as specified in this section within 30 days after notification of such a finding.
(l) Liability Coverage -Alternative Mechanism.
(1) An owner or operator of a facility or facilities where solely non-RCRA hazardous waste is managed, a Transportable Treatment Unit (TTU) operated pursuant to section 67450.2(a) and/or a Fixed Treatment Unit (FTU) operated pursuant to section 67450.2(b), may demonstrate the required liability coverage by means of a mechanism other than those specified in subsections (a) and (b) of this section, provided that, prior to its use, the proposed mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the mechanisms specified in subsections (a) and (b) of this section. The Department shall evaluate the equivalency of a mechanism principally in terms of:
(A) certainty of the availability of funds for the required liability coverage; and
(B) the amount of funds that will be made available;
(C) the Department shall also consider other factors deemed to be appropriate, and shall require the owner or operator to submit additional information as is deemed necessary to make the determination.
(2) The owner or operator shall submit to the Department the proposed mechanism together with a letter requesting that the alternate mechanism be considered acceptable for meeting the requirements of subsections (a) and (b) of this section and sections 67450.14 and 67450.15. The submission shall include the following information:
(A) the name, address and phone number of the issuing institution; and
(B) hazardous waste facility identification number, name, address and the amount of liability, TTU or FTU coverage to be provided for each facility; and
(C) the terms of the proposed mechanism (period of coverage, renewal/extension, cancellation).
(3) The Department shall notify the owner or operator in writing of the determination made regarding the proposed mechanism's acceptability in lieu of the other mechanisms specified in subsections (a) and (b) of this section and sections 67450.14 and 67450.15.
(4) If a proposed mechanism is found acceptable, the owner or operator shall submit a fully executed document to the Department. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment.
(5) If a proposed mechanism is found acceptable except for the amount of coverage, the owner or operator shall either increase the coverage or obtain other liability coverage as specified in subsections (a) and (b) of this section and sections 67450.14 and 67450.15. The amount of coverage available through the combination of mechanisms shall at least equal the amounts required by subsections (a) and (b) of this section and sections 67450.14 and 67450.15.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25200.1 and 25245, Health and Safety Code; 40 CFR Section 265.147. 
  
 



s 66265.148. Incapacity of Owners or Operators, Guarantors, or Financial Institutions.
 (a) An owner or operator shall notify the Department by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding. A guarantor of a guarantee as specified in section 66265.143(e) and 66265.145(e) shall make such a notification if named as debtor, as required under the terms of the guarantee.
(b) An owner or operator who fulfills the financial assurance or liability coverage requirements by obtaining a trust fund, surety bond, letter of credit, or insurance policy shall be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator shall establish other financial assurance or liability coverage within 60 days after such an event.
 
  Note:    Authority cited: Sections 208, 25150, 25159, 25159.5 and  25245, Health and Safety Code. Reference: Section 25245, Health and Safety Code; 40 CFR Section 265.148. 
  
 



s 66265.170. Applicability.
The regulations in this article apply to owners and operators of all hazardous waste facilities that transfer or store containers of hazardous waste, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.170. 
  
 



s 66265.171. Condition of Containers.
If a container holding hazardous waste is not in good condition (e.g., severe rusting, apparent structural defects), or if it begins to leak, the owner or operator shall transfer the hazardous waste from this container to a container that is in good condition, or manage the waste in some other way that complies with the requirements of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.171. 
  
 



s 66265.172. Compatibility of Waste with Containers.
The owner or operator shall use a container made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous waste to be transferred or stored, so that the ability of the container to contain the waste is not impaired.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.172. 
  
 



s 66265.173. Management of Containers.
 (a) A container holding hazardous waste shall always be closed during transfer and storage, except when it is necessary to add or remove waste.
(b) A container holding hazardous waste shall not be opened, handled, transferred or stored in a manner which may rupture the container or cause it to leak. Re-use of containers for transportation shall comply with the requirements of the U.S. Department of Transportation regulations, including those set forth in 49 CFR section 173.28.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.173. 
  
 



s 66265.174. Inspections.
The owner or operator shall inspect areas used for container storage or transfer, at least weekly, looking for leaking containers and for deterioration of containers and the containment system caused by corrosion or other factors.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.174. 
  
 



s 66265.176. Special Requirements for Ignitable or Reactive Waste.
Containers holding ignitable or reactive waste shall be located at least 15 meters (50 feet) from the facility's property line.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.176. 
  
 



s 66265.177. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples) shall not be placed in the same container, unless section 66265.17(b) is complied with.
(b) Hazardous waste shall not be placed in an unwashed container that previously held an incompatible waste or material (see Appendix V for examples).
(c) A container holding a hazardous waste that is incompatible with any waste or other materials transferred or stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.177. 
  
 



s 66265.178.Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a container in accordance with the applicable requirements of articles 27, 28 and 28.5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159,and 25159.5, Health and Safety Code; and 40 CFR Section 265.178. 
  
 



s 66265.190. Applicability.
The regulations of this article apply to owners and operators of facilities that use tank systems for transferring, storing or treating hazardous waste, except as otherwise provided in subsections (a) and (b) of this section or in section 66265.1 of this chapter.
(a) Tank systems that are used to transfer, store or treat hazardous waste containing no free liquids and that are situated inside a building with an impermeable floor are exempted from the requirements of section 66265.193 of this article. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods", (EPA Publication No. SW-846, 3d edition and Updates (incorporated by reference in section 66260.11 of this chapter)) shall be used.
(b) Tank systems, including sumps, as defined in section 66260.10, that serve as part of a secondary containment system to collect or contain releases of hazardous wastes are exempted from the requirements in section 66265.193(a).
(c) Tanks, sumps, and other collection devices used in conjunction with drip pads, as defined in section 66260.10 and regulated under Chapter 15, Article 17.5, shall meet the requirements of this article.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code;  and 40 CFR Section 265.190. 
  
 



s 66265.191. Assessment of Existing Tank System's Integrity.
 (a) For each existing tank system that does not have secondary containment meeting the requirements of section 66265.193, the owner or operator shall determine that the tank system is not leaking or is unfit for use. Except as provided in subsections (c) and (e) of this section, the owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity.
(b) This assessment shall determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred, stored or treated to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
(1) design standard(s), if available, according to which the tank and ancillary equipment were constructed;
(2) hazardous characteristics of the waste(s) that have been or will be handled;
(3) existing corrosion protection measures;
(4) documented age of the tank system, if available, (otherwise, an estimate of the age); and
(5) results of a leak test, internal inspection, or other tank integrity examination such that:
(A) for non-enterable underground tanks, this assessment shall consist of a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects,
(B) for other than non-enterable underground tanks and for ancillary equipment, this assessment shall be either a leak test, as described above, or an internal inspection and/or other tank integrity examination certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d) that addresses cracks, leaks, corrosion, and erosion.
(c) For tank systems that transfer, store or treat materials that become hazardous wastes this assessment shall be conducted within 12 months after the date that the waste becomes a hazardous waste, except as provided in subsection (g) of this section.
(d) If, as a result of the assessment conducted in accordance with subsection  (a) or (e) of this section, a tank system is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of section 66265.196.
(e)(1) Notwithstanding subsections (a) through (c) of this section, for each existing tank system that does not have secondary containment meeting the requirements of section 66265.193 and which meets the criteria specified in subsection (e)(2) of this section, the assessment specified in subsection (g) of this section shall be conducted by January 24, 1998. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that attests to the tank system's integrity. The assessment shall be kept on file at the facility until closure of the facility and shall be valid for a period of one year from the date the assessment was certified.
(2) The provisions of subsection (e)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(f) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(g) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were constructed and all of the following information;
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system, if available, otherwise, an estimate of the age based on owner or operator knowledge;
(4) description and evaluation of the adequacy of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) hazardous characteristics of the waste(s) that have been or will be handled;
(8) description of any structural damage or inadequate construction or installation such as cracks, punctures, or damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is certified for use.
(9) results of a leak test, internal inspection, or other tank system integrity examination including the type of integrity examination performed (i.e., ultrasonic, internal examination, volumetric tank test, pipeline pressure test). Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(10) estimated remaining service life of the tank system based on findings of subsections (g)(1) through (g)(9).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.191. 
  
 



s 66265.192. Design and Installation of New Tank Systems or Components.
 (a) Owners or operators of new tank systems or components shall ensure that the foundation, structural support, seams, connections, and pressure controls (if applicable) are adequately designed and that the tank system has sufficient structural strength, compatibility with the waste(s) to be transferred, stored or treated, and corrosion protection so that it will not collapse, rupture, or fail. The owner or operator shall obtain a written assessment reviewed and certified by an independent, qualified, professional engineer, registered in California in accordance with section 66270.11(d) attesting that the system has sufficient structural integrity, is acceptable for the transferring, storing and treating of hazardous waste, and that the tanks and containment system are suitably designed to achieve the requirements of this article. This assessment shall be obtained prior to placing the tank system in service, and shall be kept on file at the facility. This assessment shall also include, at a minimum, the following information:
(1) design standard(s) according to which the tank(s) and ancillary equipment are or will be constructed;
(2) hazardous characteristics of the waste(s) to be handled;
(3) for new tank systems or components in which the external shell of a metal tank or any external metal component of the tank system is or will be in contact with the soil or with water, a determination by a corrosion expert of:
(A) factors affecting the potential for corrosion, including but not limited to:
1. soil moisture content;
2. soil pH;
3. soil sulfides level;
4. soil resistivity;
5. structure to soil potential;
6. influence of nearby underground metal structures (e.g., piping);
7. stray electric current; and,
8. existing corrosion-protection measures (e.g., coating, cathodic protection), and
(B) the type and degree of external corrosion protection that are needed to ensure the integrity of the tank system during the use of the tank system or component, consisting of one or more of the following:
1. corrosion-resistant materials of construction such as special alloys or fiberglass-reinforced plastic;
2. corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection (e.g., impressed current or sacrificial anodes); and
3. electrical isolation devices such as insulating joints and flanges;
(4) for underground tank system components that are likely to be affected by vehicular traffic, a determination of design or operational measures that will protect the tank system against potential damage; and
(5) design considerations to ensure that:
(A) tank foundations will maintain the load of a full tank;
(B) tank systems will be anchored to prevent flotation or dislodgement where the tank system is placed in a saturated zone, or is located within a seismic fault zone; and
(C) tank systems will withstand the effects of frost heave.
(b) The owner or operator of a new tank system shall ensure that proper handling procedures are adhered to in order to prevent damage to the system during installation. Prior to covering, enclosing, or placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items:
(1) weld breaks;
(2) punctures;
(3) scrapes of protective coatings;
(4) cracks;
(5) corrosion;
(6) other structural damage or inadequate construction or installation. All discrepancies shall be remedied before the tank system is covered, enclosed, or placed in use.
(c) New tank systems or components and piping that are placed underground and that are backfilled shall be provided with a backfill material that is a noncorrosive, porous, homogeneous substance and that is carefully installed so that the backfill is placed completely around the tank and compacted to ensure that the tank and piping are fully and uniformly supported.
(d) All new tanks and ancillary equipment shall be tested for tightness prior to being covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs necessary to remedy the leak(s) in the system shall be performed prior to the tank system being covered, enclosed, or placed in use.
(e) Ancillary equipment shall be supported and protected against physical damage and excessive stress due to settlement, vibration, expansion or contraction.
(f) The owner or operator shall provide the type and degree of corrosion protection necessary, based on the information provided under subsection (a)(3) of this section, to ensure the integrity of the tank system during use of the tank system. The installation of a corrosion protection system that is field fabricated shall be supervised by an independent corrosion expert to ensure proper installation.
(g) The owner or operator shall obtain and keep on file at the facility written statements by those persons required to certify the design of the tank system and supervise the installation of the tank system in accordance with the requirements of subsections (b) through (f) of this section to attest that the tank system was properly designed and installed and that repairs, pursuant to subsection (b) and (d) of this section were performed. These written statements shall also include the certification statement as required in section 66270.11(d) of this division.
(h)(1) Notwithstanding subsections (a) through (g) of this section, design and installation of new tank systems or components used to manage hazardous waste, and which meet the criteria specified in subsection (h)(2) of this section, are not subject to the requirements of subsections (h) through (m) of this section until January 24, 1998. The assessment specified in subsection (k) of this section shall be obtained prior to placing a new tank system in service and shall be kept on file at the facility. This assessment shall be reviewed and certified by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), attesting that the tank system has sufficient structural integrity and is acceptable for the transferring, storing and treating of hazardous waste. The assessment shall be valid for a maximum period of five (5) years or the remaining service life of the tank system, as stated in the engineer's assessment, whichever is less. New tank systems that have been assessed pursuant to subsections (a) through (g) of this section prior to June 1, 1995 are not required to be reassessed pursuant to subsection (k) for a period of five years from the date of the assessment or June 1, 2000, whichever is the earlier date. If changes have been made to the tank system or new components have been added to the tank system subsequent to an assessment conducted prior to June 1, 1995, the tank system shall be reassessed pursuant to subsection (k).
(2) The provisions of subsection (h)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous waste generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous waste generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(i) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(j) New, onground or aboveground non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, with secondary containment, whose design and installation have been approved by a local agency or agencies, may, at the discretion of the CUPA, be exempt from the engineering assessment specified in subsection (k) of this section, provided minimum criteria specified in subsections (j)(1) through (j)(3) of this section are met. If the CUPA determines to exempt a new tank system from the assessment required pursuant to this subsection, the exemption shall be for a period of not more than three (3) years from the date the exemption was granted. The tank system owner or operator shall submit documentation of local agency approval to the applicable CUPA for review and possible acceptance in lieu of the assessment specified in subsection (k) of this section. If there is no CUPA, or the CUPA requests that the Department make a determination, the documentation shall be submitted to the Department.
(1) tank system must have secondary containment capable of containing 100 percent of the contents of the tank and ancillary piping volume; and
(2) if the tank system is exposed to precipitation, the secondary containment system must have sufficient capacity, in addition to that required in subsection (j)(1) of this section, to contain run-on and infiltration from a 25-year, 24-hour rainfall event;
(3) tank system secondary containment shall be provided with a leak detection system that is designed and operated so that it will detect either the failure of the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours.
(k) The tank system assessment shall include all of the following information:
(1) tank configuration (i.e., horizontal, vertical), material of construction, and gross capacity (in gallons);
(2) design standard(s), if available, according to which the tank and ancillary equipment were or will be constructed and all of the following information:
(A) material of construction;
(B) material thickness and the method used to determine the thickness;
(C) description of tank system piping (material, diameter);
(D) description of any internal and external pumps; and
(E) sketch or drawing of tank including dimensions.
(3) documented age of the tank system (if tank was previously used), if available, (otherwise, an estimate of the age);
(4) description and evaluation of any leak detection equipment;
(5) description and evaluation of any corrosion protection equipment, devices, or material;
(6) description and evaluation of any spill prevention or overfill equipment;
(7) description and evaluation of secondary containment for the tank system  (secondary containment must meet minimum standards as specified in subsections (j)(1) through (j)(3) of this section) including applicable secondary containment for ancillary equipment as required in subsection 66265.193(f);
(8) hazardous characteristics of the waste(s) that have been or will be handled;
(9) prior to placing a new tank system or component in use, an independent, qualified installation inspector or an independent, qualified, professional engineer, registered in California, either of whom is trained and experienced in the proper installation of tank systems, shall inspect the system or component for the presence of any of the following items and document in writing the results of the inspection:
(A) weld cracks or breaks;
(B) scrapes of protective coatings;
(C) corrosion;
(D) any structural damage or inadequate construction or installation such as cracks, punctures, damaged fittings. All discrepancies shall be documented in the assessment and remedied before the tank system is placed in use.
(10) all new tanks and ancillary equipment shall be tested for tightness prior to being placed in use. The results of the test(s) shall be documented in this assessment. Tank system integrity or leak test requirements must be in compliance with all local requirements. Prior to conducting a tank system integrity test or leak test, contact local agency staff for local requirements.
(11) estimated remaining service life of the tank system based on findings of subsections (k)(1) through (k)(10).
(l) The assessment specified in subsection (k) of this section is not required for the replacement of the following identical or functionally equivalent tank system parts or components:
(1) pumps (same type and capacity);
(2) plumbing or piping components such as unions, elbows, tees and gaskets;
(3) valves and check valves;
(4) piping and valve hangers and supports;
(m) Replacement of identical or functionally equivalent tank system parts or components not listed in subsection (l) of this section shall be approved by the CUPA prior to replacement or changeout. If the tank system part or component is determined to be identical or functionally equivalent by the CUPA, the assessment specified in subsection (k) of this section is not required. The owner or operator shall provide the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, with the following information in writing so that a determination can be made:
(1) name, address, and EPA identification number of the facility;
(2) date of planned replacement;
(3) description part or component to be replaced;
(4) description of the tank system and type of waste(s) handled;
(5) description of how the part or component is identical or functionally equivalent to the part or component to be replaced.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.192. 
  

 



s 66265.193. Containment and Detection of Releases.
 (a) In order to prevent the release of hazardous waste or hazardous constituents to the environment, secondary containment that meets the requirements of this section shall be provided (except as provided in subsections (f) and (g) of this section):
(1) for all new tank systems or components, prior to the tank system or component being put into service;
(2) for all existing tank systems, unless:
(A) the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a 100 to 1000 kg per month generator as defined in 40 CFR section 265.201, or
(B) the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1.
(3) for tank systems that transfer, store or treat materials that subsequently become hazardous wastes within two years after the materials become hazardous waste unless the owner or operator complies with section 40 CFR 265.201 and is one of the following:
(A) the owner or operator is a conditionally exempt small quantity generator or a 100 to 1000 kg per month generator, or
(B) the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(b) Secondary containment systems shall be:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(c) To meet the requirements of subsection (b) of this section, secondary containment systems shall be at a minimum:
(1) constructed of or lined with materials that are compatible with the waste(s) to be placed in the tank system and shall have sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrological forces), physical contact with the waste to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from nearby vehicular traffic);
(2) placed on a foundation or base capable of providing support to the secondary containment system and resistance to pressure gradients above and below the system and capable of preventing failure due to settlement, compression, or uplift;
(3) provided with a leak detection system that is designed and operated so that it will detect the failure of either the primary and secondary containment structure or any release of hazardous waste or accumulated liquid in the secondary containment system within 24 hours, or at the earliest practicable time if the existing detection technology or site conditions will not allow detection of a release within 24 hours;
(4) sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation shall be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health or the environment, if removal of the released waste or accumulated precipitation cannot be accomplished within 24 hours.
(A) If the collected material is a hazardous waste under chapter 11 of this division, it shall be managed as a hazardous waste in accordance with all applicable requirements of chapters 2 through 15 of this division.
(B) If the collected material is discharged through a point source to waters of the United States, the owner or operator shall comply with the requirements of sections 301, 304, and 402 of the Federal Clean Water Act (33 U.S.C. sections 1311, 1314 and 1342, respectively), as amended.
(C) If the collected material is discharged to Publicly Owned Treatment Works  (POTWs), the owner or operator shall comply with the requirements of section 307 of the Federal Clean Water Act, as
amended (33 U.S.C. section 1317).
(D) If the collected material is released to the environment, the owner or operator shall comply with the applicable reporting requirements of 40 CFR Part 302.
(d) Secondary containment for tanks shall include one or more of the following devices:
(1) a liner (external to the tank);
(2) a vault;
(3) a double-walled tank; or
(4) an equivalent device as approved by the Department.
(e) In addition to the requirements of subsections (b), (c), and (d) of this section, secondary containment systems shall satisfy the following requirements:
(1) external liner systems shall be:
(A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(1)(A) of this section,  to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event;
(C) free of cracks or gaps; and
(D) designed and installed to completely surround the tank and to cover all surrounding earth likely to come into contact with the waste if released from the tank(s) (i.e., capable of preventing lateral as well as vertical migration of the waste).
(2) Vault systems shall be:
(A) designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
(B) designed or operated to prevent run-on and infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity, in addition to that required in subsection (e)(2)(A) of this section, to contain run-on and infiltration. Such additional capacity shall be sufficient to contain run-on and infiltration of precipitation from a 25-year, 24-hour rainfall event;
(C) constructed with chemical-resistant water stops in place at all joints (if any);
(D) provided with an impermeable interior coating or lining that is compatible with the waste being transferred, stored or treated and that will prevent migration of waste into the concrete;
(E) provided with a means to protect against the formation of and ignition of vapors within the vault, if the waste being transferred, stored or treated:
1. meets the definition of ignitable waste under section 66262.21 of this division, or
2. meets the definition of reactive waste under section 66261.23 of this division and may form an ignitable or explosive vapor; and
(F) provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks shall be:
(A) designed as an integral structure (i.e., an inner tank within an outer shell) so that any release from the inner tank is contained by the outer shell;
(B) protected, if constructed of metal, from both corrosion of the primary tank interior and the external surface of the outer shell; and
(C) provided with a built-in, continuous leak detection system capable of detecting a release within 24 hours or at the earliest practicable time, if the owner or operator can demonstrate to the Department, and the Department concurs, that the existing leak detection technology or site conditions will not allow detection of a release within 24 hours.
(f) Ancillary equipment shall be provided with full secondary containment  (e.g., trench, jacketing, double-walled piping) that meets the requirements of subsections (b) and (c) of this section except for:
(1) aboveground piping (exclusive of flanges, joints, valves, and connections) that are visually inspected for leaks on a daily basis;
(2) welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis;
(3) sealless or magnetic coupling pumps and sealless valves, that are visually inspected for leaks on a daily basis; and
(4) pressurized aboveground piping systems with automatic shut-off devices  (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the requirements of this section for existing above-ground tanks in place, if the Department finds, as a result of a demonstration by the owner or operator, either that alternative design and operating practices, together with location characteristics, will prevent the migration of hazardous waste or hazardous constituents into the ground water or surface water at least as effectively as secondary containment during the active life of the tank system, or that in the event of a release that does migrate to ground water or surface water, no substantial present or potential hazard will be posed to human health or the environment.
(1) In deciding whether to grant a variance based on a demonstration of equivalent protection of ground water and surface water, the Department will consider:
(A) the nature and quantity of the waste;
(B) the proposed alternate design and operation;
(C) the hydrogeologic setting of the facility, including the thickness of soils between the tank system and ground water; and
(D) all other factors that would influence the quality and mobility of the hazardous constituents and the potential for the constituents to migrate to ground water or surface water.
(2) In deciding whether to grant a variance, based on a demonstration of no substantial present or potential hazard, the Department will consider:
(A) the potential adverse effects on ground water, surface water, and land quality taking into account:
1. the physical and chemical characteristics of the waste in the tank system, including its potential for migration,
2. the hydrogeological characteristics of the facility and surrounding land,
3. the potential for health risks caused by human exposure to waste constituents,
4. the potential for damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituents, and
5. the persistence and permanence of the potential adverse effects;
(B) the potential adverse effects of a release on ground-water quality, taking into account:
1. the quantity and quality of ground water and the direction of ground-water flow,
2. the proximity and withdrawal rates of water in the area,
3. the current and future uses of ground water in the area, and
4. the existing quality of ground water, including other sources of contamination and their cumulative impact on the ground-water quality;
(C) the potential adverse effects of a release on surface water quality, taking into account:
1. the quantity and quality of ground water and the direction of ground-water flow,
2. the patterns of rainfall in the region,
3. the proximity of the tank system to surface waters,
4. the current and future uses of surface waters in the area and any water quality standards established for those surface waters, and
5. the existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality; and
(D) the potential adverse effects of a release on the land surrounding the tank system, taking into account:
1. the patterns of rainfall in the region, and
2. the current and future uses of the surrounding land.
(3) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66265.196, except subsection (e); and
(B) decontaminate or remove contaminated soil to the extent necessary to:
1. enable the tank system, for which the variance was granted, to resume operation with the capability for the detection of and response to releases at least equivalent to the capability it had prior to the release, and
2. prevent the migration of hazardous waste or hazardous constituents to ground water or surface water; and
(C) if contaminated soil cannot be removed or decontaminated in accordance with subsection (g)(3)(B) of this section, comply with the requirements of section 66265.197(b);
(4) The owner or operator of a tank system, for which a variance from secondary containment has been granted in accordance with the requirements of subsection (g)(1) of this section, at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall:
(A) comply with the requirements of section 66265.196(a), (b), (c), (d) and  (e); and
(B) prevent the migration of hazardous waste or hazardous constituents to ground water or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed, or if ground water has been contaminated, the owner or operator shall comply with the requirements of section 66265.197(b);
(C) if repairing, replacing, or reinstalling the tank system, provide secondary containment in accordance with the requirements of subsections (a) through (f) of this section or reapply for a variance from secondary containment and meet the requirements for new tank systems in section 66265.192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed, and ground water or surface water has not been contaminated.
(h) The following procedures shall be followed in order to request a variance from secondary containment:
(1) The Department shall be notified in writing by the owner or operator that the facility intends to conduct and submit a demonstration for a variance from secondary containment as allowed in subsection (g) of this section at least 24 months prior to the date that secondary containment is required to be provided in accordance with subsection (a) of this section.
(2) As part of the notification, the owner or operator shall also submit to the Department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in subsection (g)(1) or subsection (g)(2) of this section.
(3) The demonstration for a variance shall be completed and submitted to the Department within 180 days after notifying the Department of intent to conduct the demonstration.
(4) The Department will inform the public, through a newspaper notice, of the availability of the demonstration for a variance. The notice shall be placed in a daily or weekly major local newspaper of general circulation and shall provide at least 30 days from the date of the notice for the public to review and comment on the demonstration for a variance. The Department also will hold a public hearing, in response to a request or at the Department's own discretion, whenever such a hearing might clarify one or more issues concerning the demonstration for a variance. Public notice of the hearing will be given at least 30 days prior to the date of the hearing and may be given at the same time as notice of the opportunity for the public to review and comment on the demonstration. These two notices may be combined.
(5) The Department will approve or disapprove the request for a variance within 90 days of receipt of the demonstration from the owner or operator and will notify in writing the owner or operator and each person who submitted written comments or requested notice of the variance decision. If the demonstration for a variance is incomplete or does not include sufficient information, the 90-day time period will begin when the Department receives a complete demonstration, including all information necessary to make a final determination. If the public comment period in subsection (h)(4) of this section is extended, the 90- day time period will be similarly extended.
(i) All tank systems, until such time as secondary containment meeting the requirements of this section is provided, shall comply with the following:
(1) for non-enterable underground tanks, a leak test that meets the requirements of section 66265.191(b)(5) shall be conducted at least annually;
(2) for other than non-enterable underground tanks and for all ancillary equipment, an annual leak test, as described in paragraph (i)(1) of this section, or an internal inspection or other tank integrity examination by an independent, qualified, professional engineer, registered in California, that addresses cracks, leaks, corrosion, and erosion shall be conducted at least annually. The owner or operator shall remove the stored waste from the tank, if necessary, to allow the condition of all internal tank surfaces to be assessed.
(3) The owner or operator shall maintain on file at the facility a record of the results of the assessments conducted in accordance with subsections (i)(1) and (i)(2) of this section.
(4) If a tank system or component is found to be leaking or unfit for use as a result of the leak test or assessment in subsections (i)(1) and (i)(2) of this section, the owner or operator shall comply with the requirements of section 66265.196.
(j)(1) Notwithstanding subsections (a) through (c) of this section, secondary containment that meets the requirements of subsection (l) shall be provided for tank systems used to manage hazardous wastes generated onsite, and which meet the criteria specified in subsection (j)(2) of this section:
(A) prior to the tank system or component being placed in service for new tank systems or components; or
(B) by January 24, 1998 for existing tank systems.
(2) The provisions of subsection (j)(1) of this section apply only to:
(A) onground or aboveground tank systems containing only non-RCRA hazardous wastes generated onsite, and tank systems authorized under Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, and
(B) onground or aboveground tank systems containing RCRA hazardous wastes generated onsite, if:
1. the owner or operator is a conditionally exempt small quantity generator as defined in 40 CFR section 261.5, or a small quantity generator of more than 100 kg but less than 1000 kg per month as defined in 40 CFR section 265.201, or
2. the owner or operator is not subject to regulation in 40 CFR part 265 pursuant to an exemption in 40 CFR section 265.1, but the owner or operator is subject to the standards of this article.
(k) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, or Conditional Exemption pursuant to HSC 25201.5, operating a non-RCRA underground tank system or an underground tank system otherwise exempt from permitting requirements pursuant to the federal act, shall comply with the applicable standards of Title 23 of the California Code of Regulations relating to underground tank systems.
(l) Secondary containment for onground or aboveground generator and onsite tier (Permit-by-Rule Conditional Authorization, and Conditional Exemption), non-RCRA tank systems or tank systems otherwise exempt from permitting requirements pursuant to the federal act, shall consist of any of the devices listed in subsection (d) and satisfy the requirements of (e) of this section or consist of any device or combination of devices as approved in writing by the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, which would satisfy the following minimum requirements:
(1) designed, installed, and operated to prevent any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the use of the tank system; and
(2) capable of detecting and collecting releases and accumulated liquids until the collected material is removed.
(m) Ancillary equipment shall be provided with secondary containment as specified in subsection (f) of this section or an alternative device or devices as approved in writing by the CUPA, or Department if there is no CUPA or the Department if the CUPA requests that the Department make a determination, which would prevent and/or detect any release of wastes out of the tank system before such wastes could migrate to the soil, ground water, or surface water at any time during the use of the tank system. The following are examples of tank system and ancillary equipment secondary containment alternatives or options that may be proposed for review and approval by the CUPA:
(1) traditional containment of entire system within a bermed containment area with visual and/or electronic leak detection monitoring;
(2) troughs or pipe runs with impermeable liners that incorporate the following:
(A) visual monitoring during hours of operation or;
(B) continuous electronic leak detection monitoring for releases or;
(C) sumps located at low elevations with leak detection monitors.
(3) double-walled piping with continuous interstitial monitoring or monitoring intervals located at low elevation points along pipeline;
(4) Double-walled piping with translucent or transparent sections located at low points or low endpoints so that visual monitoring is possible.
(n) A generator or owner or operator authorized pursuant to Permit-by-Rule pursuant to Chapter 45 of this division, Conditional Authorization pursuant to HSC 25200.3, and Conditional Exemption pursuant to HSC 25201.5, operating an onground or aboveground, non-RCRA tank system or a tank system otherwise exempt from permitting requirements pursuant to the federal act, that has 18 months or less remaining in service prior to planned closure of the tank system, may propose alternatives to retrofitting the tank system with secondary containment. Local agency requirements must be considered when proposing alternatives to secondary containment. The owner or operator shall provide the following information in writing to the CUPA, or the Department if there is no CUPA or the CUPA requests that the Department make a determination, so that a determination can be made whether the proposed alternative would be acceptable:
(1) name, address, and EPA identification number of the facility;
(2) date of planned closure;
(3) description of tank system to be closed and form of current authorization for the tank system;
(4) description of how the proposed alternative would provide adequate environmental protection such that the design, installation, and operation will be capable of detecting a release and preventing any migration of wastes or accumulated liquid out of the system to the soil, ground water, surface water, or air at any time during the remaining life of the tank system.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25143, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.193. 
  
 



s 66265.194. General Operating Requirements.
 (a) Hazardous wastes or treatment reagents shall not be placed in a tank system if they could cause the tank, its ancillary equipment, or the secondary containment system to rupture, leak, corrode, or otherwise fail.
(b) The owner or operator shall use appropriate controls and practices to prevent spills and overflows from tank or secondary containment systems. These include at a minimum:
(1) spill prevention controls (e.g., check valves, dry discount couplings);
(2) overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and
(3) maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation. Uncovered tanks shall be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
(c) The owner or operator shall comply with the requirements of section 66265.196 if a leak or spill occurs in the tank system.
(d) Transfer, treatment or storage of hazardous waste in tanks shall comply with section 66265.17(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.194. 
  
 



s 66265.195. Inspections.
 (a) The owner or operator shall inspect, where present, at least once each operating day:
(1) overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;
(2) the aboveground portions of the tank system, if any, to detect corrosion or releases of waste;
(3) data gathered from monitoring equipment and leak-detection equipment,  (e.g., pressure and temperature gauges, monitoring wells) to ensure that the tank system is being operated according to its design;
(4) the construction materials and the area immediately surrounding the externally accessible portion of the tank system including secondary containment structures (e.g., dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead vegetation); and
(5) for uncovered tanks, the level of waste in the tank, to ensure compliance with section 66265.194(b)(3).
(b) The owner or operator shall inspect cathodic protection systems, if present, according to, at a minimum, the following schedule to ensure that they are functioning properly:
(1) the proper operation of the cathodic protection system shall be confirmed within six months after initial installation, and annually thereafter; and
(2) all sources of impressed current shall be inspected and/or tested, as appropriate, at least bimonthly (i.e., every other month).
(c) The owner or operator shall document in the operating record of the facility an inspection of those items in subsections (a) and (b) of this section.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.195. 
  
 



s 66265.196. Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems.
 A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, shall be removed from service immediately, and the owner or operator shall satisfy the following requirements.
(a) General emergency procedures. The owner or operator shall comply with applicable requirements of section 66265.56.
(b) Cessation of use; prevention of flow or addition of wastes. The owner or operator shall immediately stop the flow of hazardous waste into the tank system or secondary containment system and inspect the system to determine the cause of the release.
(c) Removal of waste from tank system or secondary containment system.
(1) If the release was from the tank system, the owner or operator shall, within 24 hours after detection of the leak or, if the owner or operator demonstrates that that is not possible, at the earliest practicable time remove as much of the waste as is necessary to prevent further release of hazardous waste to the environment and to allow inspection and repair of the tank system to be performed.
(2) If the release was to a secondary containment system, all released materials shall be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.
(d) Containment of visible releases to the environment. The owner or operator shall immediately conduct a visual inspection of the release and, based upon that inspection:
(1) prevent further migration of the leak or spill to soils or surface water; and
(2) remove, and properly dispose of, any visible contamination of the soil or surface water.
(e) Notifications, reports.
(1) Any release to the environment, except as provided in subsection (e)(2) of this section, shall be reported to the Department within 24 hours of detection.
(2) A leak or spill of hazardous waste is exempted from the requirements of subsection (e) of this section, but is not exempted from the requirements of section 66265.56, if it is:
(A) less than or equal to a quantity of one (1) pound, and
(B) immediately contained and cleaned-up.
(3) Within 30 days of detection of a release to the environment, a report containing the following information shall be submitted to the Department:
(A) likely route of migration of the release;
(B) characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);
(C) results of any monitoring or sampling conducted in connection with the release, (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data shall be submitted to the Department as soon as they become available;
(D) proximity to downgradient drinking water, surface water, and population areas; and
(E) description of response actions taken or planned.
(f) Provision of secondary containment, repair, or closure.
(1) Unless the owner or operator satisfies the requirements of subsections  (f)(2) through (4) of this section, the tank system shall be closed in accordance with section 66265.197.
(2) If the cause of the release was a spill that has not damaged the integrity of the system, the owner/operator may return the system to service as soon as the released waste is removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system shall be repaired prior to returning the tank system to service.
(4) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the owner/operator shall provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of section 66265.193 before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system. If the source is an aboveground component that can be inspected visually, the component shall be repaired and may be returned to service without secondary containment as long as the requirements of subsection (g) of this section are satisfied. If a component is replaced to comply with the requirements of this subsection, that component shall satisfy the requirements for new tank systems or components in sections 66265.192 and 66265.193. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component shall be provided with secondary containment in accordance with section 66265.193 prior to being returned to use.
(g) Certification of major repairs. If the owner or operator has repaired a tank system in accordance with subsection (f) of this section, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system shall not be returned to service unless the owner/operator has obtained a certification by an independent, qualified, professional engineer, registered in California, in accordance with section 66270.11(d), that the repaired system is capable of handling hazardous wastes without release for the intended life of the system. This certification shall be submitted to the Department within seven days after returning the tank system to use.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.196. 
  
 



s 66265.197. Closure and Post-Closure Care.
 (a) At closure of a tank system, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated soils, and structures and equipment contaminated with waste, and manage them as hazardous waste, unless section 66261.3(d) of this division applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for tank systems shall meet all of the requirements specified in articles 7 and 8 of this chapter.
(b) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in subsection (a) of this section, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to landfills (section 66265.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a tank system is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
(c) If an owner or operator has a tank system which does not have secondary containment that meets the requirements of section 66265.193(b) through (f) and which has not been granted a variance from the secondary containment requirements in accordance with section 66265.193(g), then:
(1) the closure plan for the tank system shall include both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section;
(2) a contingent post-closure plan for complying with subsection (b) of this section shall be prepared and submitted as part of the permit application;
(3) the cost estimates calculated for closure and post-closure care shall reflect the costs of complying with the contingent closure plan and the contingent post-closure plan, if these costs are greater than the costs of complying with the closure plan prepared for the expected closure under subsection (a) of this section;
(4) financial assurance shall be based on the cost estimates in subsection  (c)(3) of this section;
(5) for the purposes of the contingent closure and post-closure plans, such a tank system is considered to be a landfill, and the contingent plans shall meet all of the closure, post-closure, and financial responsibility requirements for landfills under articles 7 and 8 of this chapter.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.197. 
  

 



s 66265.198. Special Requirements for Ignitable or Reactive Wastes.
 (a) Ignitable or reactive waste shall not be placed in a tank system, unless:
(1) the waste is treated, rendered, or mixed before or immediately after placement in the tank system so that:
(A) the resulting waste, mixture, or dissolved material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23; and
(B) section 66265.17(b) is complied with; or
(2) the waste is transferred, stored or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or
(3) the tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive waste is transferred, stored or treated in tanks shall comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code," (1981), (incorporated by reference, see section 66260.11).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.198. 
  
 



s 66265.199. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible waste and materials, shall not be placed in the same tank system, unless section 66265.17(b) is complied with.
(b) Hazardous waste shall not be placed in a tank system that has not been decontaminated and that previously held an incompatible waste or material, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.199. 
  
 



s 66265.200. Waste Analysis and Trial Tests.
In addition to performing the waste analysis required by section 66265.13, the owner or operator shall, whenever a tank system is to be used to treat chemically or to store a hazardous waste that is substantially different from waste previously treated or stored in that tank system; or to treat chemically a hazardous waste with a substantially different process than any previously used in that tank system:
(a) conduct waste analyses and trial treatment or storage tests (e.g., bench-scale or pilot-plant scale tests); or
(b) obtain written, documented information on similar waste under similar operating conditions to show that the proposed treatment or storage will meet the requirements of sections 66265.194(a) and (d).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.200. 
  
 



s 66265.202. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a tank in accordance with the applicable requirements of articles 27, 28, and 28.5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159,and 25159.5, Health and Safety Code; and 40 CFR Section 265.202. 
  
 



s 66265.220. Applicability.
The regulations in this article apply to owners and operators of facilities that use surface impoundments to treat, store, or dispose of hazardous waste, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.220. 
  
 



s 66265.221. Design Requirements.
 (a) The owner or operator of each new surface impoundment unit on which construction commences after January 29, 1992, each lateral expansion of a surface impoundment unit on which construction commences after July 29, 1992, and each replacement of an existing surface impoundment unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system between such liners, and operate the leachate collection and removal system, in accordance with section 66264.221(c), unless exempted under section 66264.221(f) or (g) of this chapter. The requirements of this subsection shall not apply to surface impoundment units receiving only non-RCRA hazardous until February 18, 1996. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility."
(b) The owner or operator of each unit referred to in subsection (a) of this section shall notify the Department at least sixty (60) days prior to receiving waste. The owner or operator of each facility submitting notice shall file a Part B application within six months of the receipt of such notice.
(c) The owner or operator of any replacement surface impoundment unit is exempt from subsection (a) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is evidence to believe that the liner is functioning as designed.
(d) The double liner requirement set forth in subsection (a) of this section may be waived by the Department for any monofill, if:
(1) the monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24; and
(2)(A) 1. the monofill has at least one liner for which there is no evidence that such liner is leaking. For the purposes of this paragraph the term "liner" means a liner designed, constructed, installed and operated to prevent hazardous waste from passing into the liner at any time during the active life of the facility, or a liner designed, constructed, installed and operated to prevent hazardous waste from migrating beyond the liner to adjacent subsurface soil, groundwater or surface water at any time during the active life of the facility. In the case of any surface impoundment which has been exempted from the requirements of subsection (a) of this section on the basis of a liner designed, constructed, installed and operated to prevent hazardous waste from passing beyond the liner, at the closure of such impoundment the owner or operator must remove or decontaminate all waste residues, all contaminated liner material, and contaminated soil to the extent practicable. If all contaminated soil is not removed or decontaminated, the owner of operator of such impoundment must comply with appropriate postclosure requirements, including but not limited to ground-water monitoring and corrective action;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as defined in section 66260.10; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with permits; or
(B) the owner or operator demonstrates that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into groundwater or surface water at any future time.
(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of subsection (a) of this section and in good faith compliance with subsection (a) of this section no liner or leachate collection system which is different from that which was so installed pursuant to subsection (a) of this section will be required for such unit by the Department when issuing the first permit to such facility, except that the Department will not be precluded from requiring installation of a new liner when the Department has reason to believe that any liner installed pursuant to the requirements of subsection (a) of this section is leaking.
(f) A surface impoundment shall maintain enough freeboard to prevent any overtopping of the dike by overfilling, wave action, or a storm. Except as provided in subsection (b) of this section, there shall be at least 2 feet (60 cm) of freeboard.
(g) A freeboard level of less than 2 feet (60 cm) may be maintained if the owner or operator obtains certification by a qualified engineer, registered in California, that alternative design features or operating plans will, to the best of the engineer's knowledge and opinion, prevent overtopping of the dike. The certification along with a written identification of alternate design features or operating plans preventing overtopping, shall be maintained at the facility.
(h) Surface impoundments that are newly subject to RCRA section 3005(j)(1) ( 42 U.S.C. section 6925(j)(1)) due to the promulgation of additional listings or characteristics for the identification of hazardous waste shall be in compliance with subsections (a), (c) and (d) of this section not later than 48 months after the promulgation of the additional listing or characteristic. This compliance period shall be consistent with health and safety code, division 20, article 9.5 and shall not be cut short as the result of the promulgation of land disposal prohibitions under Chapter 18 or the granting of an extension to the effective date of a prohibition pursuant to section 66268.5, within this 48-month period.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code.  Reference: Sections 25159, 25159.5 and 25208.5, Health and Safety Code; and 40 CFR Section 265.221. 
  
 



s 66265.222. Action Leakage Rate.
 (a) The owner or operator of surface impoundment units subject to section 66265.221(a) shall submit a proposed action leakage rate to the Department when submitting the notice required under section 66265.221(b). The Department will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section.
(b) The Department shall approve an action leakage rate for surface impoundment units subject to section 66265.221(a). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66265.226(b), to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit closes in accordance with section 66265.228(a)(2), monthly during the post-closure care period when monthly monitoring is required under section 66265.226(b).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.222. 
  
 



s 66265.223. Containment System.
All earthen dikes shall have a protective cover, such as grass, shale, or rock to minimize wind and water erosion and to preserve their structural integrity.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.223. 
  
 



s 66265.224. Response Actions.
 (a) The owner or operator of surface impoundment units subject to section 66265.221(a) shall submit a response action plan to the Department when submitting the proposed action leakage rate under section 66265.222. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4), and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4), and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible locations of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.224. 
  
 



s 66265.225. Waste Analysis and Trial Tests.
 (a) In addition to the waste analyses required by section 66265.13, whenever a surface impoundment is to be used to:
(1) chemically treat a hazardous waste which is substantially different from waste previously treated in that impoundment; or
(2) chemically treat hazardous waste with a substantially different process than any previously used in that impoundment; the owner or operator shall, before treating the different waste or using the different process:
(A) conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or
(B) obtain written, documented information on similar treatment of similar waste under similar operating conditions; to show that this treatment will comply with section 66265.17(b).
(b) As required by section 66265.13, the waste analysis plan shall include analyses needed to comply with sections 66265.229 and 66265.230. As required by section 66265.73, the owner or operator must place the results from each waste analysis and trial test, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.225. 
  

 



s 66265.226. Monitoring and Inspection.
 (a) The owner or operator shall inspect:
(1) the freeboard level at least once each operating day to ensure compliance with section 66265.222, and
(2) the surface impoundment, including dikes and vegetation surrounding the dike, at least once a week to detect any leaks, deterioration, or failures in the impoundment.
(b)(1) An owner or operator required to have a leak detection system under section 66265.221(a) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(2) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(3) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed "pump operating level" will be in accordance with section 66265.222(a).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.226. 
  
 



s 66265.228. Closure and Postclosure Care.
 (a) At closure, the owner or operator shall:
(1) remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies; or
(2) close the impoundment and provide postclosure care for a landfill under article 7 and section 66265.310 of this chapter, including the following:
(A) eliminate free liquids by removing liquid wastes or solidifying the remaining wastes and waste residues;
(B) stabilize remaining wastes to a bearing capacity sufficient to support the final cover; and
(C) cover the surface impoundment with a final cover designed and constructed to:
1. minimize the downward entry of water into the closed impoundment throughout a period of at least 100 years;
2. function with minimum maintenance;
3. promote drainage and minimize erosion or abrasion of the cover;
4. accommodate settling and subsidence so that the cover's integrity is maintained;
5. have a permeability less than or equal to the permeability of any bottom liner system or natural subsoils present;
6. accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
7. preclude ponding of rainfall and surface run-on over the closed area; and
8. conform to the provisions of subsection (e) through (r) of section 66264.228, except that the Department shall grant a variance from any requirement which the owner or operator demonstrates to the satisfaction of the Department is not necessary to protect public health, water quality or other environmental quality.
(b) In addition to the requirements of article 7 and section 66265.310 of this chapter, during the postclosure care period, the owner or operator of a surface impoundment in which wastes, waste residues or contaminated materials remain after closure in accordance with the provisions of subsection (a)(2) of this section shall:
(1) maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events;
(2) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of chapter 14;
(3) prevent run-on and run-off from eroding or otherwise damaging the final cover, and
(4) maintain and monitor the leak detection system in accordance with sections 66265.221(c)(2)(D) and (c)(3) of this chapter and 66265.226(b) and comply with all other applicable and leak detection system requirements of this part.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.228. 
  
 



s 66265.229. Special Requirements for Ignitable or Reactive Waste.
Ignitable or reactive waste shall not be placed in a surface impoundment unless the waste and the impoundment satisfy all applicable requirements of chapter 18 of this division, and:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the impoundment so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66265.17(b) is complied with; or
(b)(1) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react; and
(2) the owner or operator obtains a certification from a qualified chemist or engineer, registered in California that to the best of the chemist's or engineer's knowledge and opinion, the design features or operating plans of the facility will prevent ignition or reaction; and
(3) the certification and the basis for it are maintained at the facility; or
(c) the surface impoundment is used solely for emergencies.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.229. 
  
 



s 66265.230. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same surface impoundment, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.230. 
  
 



s 66265.231. Air Emission Standards.
The owner or operator shall manage all hazardous waste placed in a surface impoundment in accordance with the applicable requirements of articles 28 and 28.5 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.231. 
  
 



s 66265.250. Applicability.
The regulations in this article apply to owners and operators of facilities that treat or store hazardous waste in piles, except as section 66265.1 provides otherwise. Alternatively, a pile of hazardous waste may be managed as a landfill under article 14.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.250. 
  
 



s 66265.251. Protection from Wind.
The owner or operator of a pile containing hazardous waste which could be subject to dispersal by wind shall cover or otherwise manage the pile so that wind dispersal is controlled.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.251. 
  
 



s 66265.252. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, the owner or operator shall analyze a representative sample of waste from each incoming movement before adding the waste to any existing pile, unless (1) The only wastes the facility receives which are amenable to piling are compatible with each other, or (2) the waste received is compatible with the waste in the pile to which it is to be added. The analysis conducted shall be capable of differentiating between the types of hazardous waste the owner or operator places in piles, so that mixing of incompatible waste does not inadvertently occur. The analysis shall include a visual comparison of color and texture.
(b) As required by section 66265.13 of this chapter, the waste analysis plan shall include analyses needed to comply with sections 66265.256 and 66265.257. As required by section 66265.73, the owner or operator shall place the results of this analysis in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.252. 
  
 



s 66265.253. Containment.
If leachate or run-off from a pile is a hazardous waste, then either:
(a)(1) the pile shall be placed on an impermeable base that is compatible with the waste under the conditions of treatment or storage;
(2) the owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the pile during peak discharge from at least a 25-year storm;
(3) the owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm; and
(4) collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously to maintain design capacity of the system; or
(b)(1) the pile shall be protected from precipitation and run-on by some other means; and
(2) no liquids or wastes containing free liquids shall be placed in the pile.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.253. 
  
 



s 66265.254. Design and Operating Requirements.
 (a) The owner or operator of each new waste pile handling RCRA hazardous waste on which construction commences after January 29, 1992, each lateral expansion of a waste pile unit on which construction commences after July 29, 1992, and each such replacement of an existing waste pile unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 66264.251(c), unless exempted under section 66264.251(l), (m), or (n), of this chapter; and shall comply with the procedures of section 66265.221(b). "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
(b) The owner or operator of each new waste pile handling only non-RCRA hazardous waste on which construction commences after February 18, 1996, each lateral expansion of a waste pile unit on which construction commences after February 18, 1996, and each such replacement of an existing waste pile unit that is to commence reuse after February 18, 1996 shall install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 66264.251(c), unless exempted under section 66264.251(l), (m) or (n) of this chapter; and shall comply with the procedures of section 66265.221(b). "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.254. 
  

 



s 66265.255. Action Leakage Rates.
 (a) The owner or operator of waste pile units subject to section 66265.254 shall submit a proposed action leakage rate to the Department when submitting the notice required under section 66265.254. The Department will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section.
(b) The Department shall approve an action leakage rate for waste pile units subject to section 66265.254. The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any govern portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly flow rate from the monitoring data obtained under section 66265.260, to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.255. 
  
 



s 66265.256. Special Requirements for Ignitable or Reactive Waste.
 (a) Ignitable or reactive wastes shall not be placed in a pile, unless the waste and pile satisfy all applicable requirements of chapter 18 of this division, and:
(1) addition of the waste to an existing pile (A) results in the waste or mixture no longer meeting the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter, and (B) complies with section 66265.17(b); or
(2) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.256. 
  
 



s 66265.257. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same pile, unless section 66265.17(b) is complied with.
(b) A pile of hazardous waste that is incompatible with any waste or other material stored nearby in other containers, piles, open tanks, or surface impoundments shall be separated from the other materials, or protected from them by means of a dike, berm, wall, or other device.
(c) Hazardous waste shall not be piled on the same area where incompatible wastes or materials were previously piled, unless that area has been decontaminated sufficiently to ensure compliance with section 66265.17(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.257. 
  
 



s 66265.258. Closure and Post-Closure Care.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless 66261.3(d) of this chapter applies; or
(b) if, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (section 66265.310).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.258. 
  
 



s 66265.259. Response Actions.
 (a) The owner or operator of waste pile units subject to section 66265.254 shall submit a response action plan to the Department when submitting the proposed action leakage rate under section 66265.255. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak determination system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipts should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4) and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4) and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.259. 
  
 



s 66265.260. Monitoring and Inspection.
An owner or operator required to have a leak detection system under section 66265.254 shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.260. 
  
 



s 66265.270. Applicability.
The regulations in this article apply to owners and operators of hazardous waste land treatment facilities, except as section 66265.1 provides otherwise.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.270. 
  
 



s 66265.272. General Operating Requirements.
 (a) Hazardous waste shall not be placed in or on a land treatment facility unless the waste can be made less hazardous or nonhazardous by degradation, transformation, or immobilization processes occurring in or on the soil.
(b) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portions of the facility during peak discharge from at least a 25-year storm.
(c) The owner or operator shall design, construct, operate, and maintain a run-off management system capable of collecting, controlling and managing a water volume at least equivalent to a 24-hour, 25-year storm.
(d) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(e) If the treatment zone contains particulate matter which may be subject to wind dispersal, the owner or operator shall manage the unit to control wind dispersal.
(f)(1) Unless granted a variance pursuant to subsection (f)(2) of this section, or exempted pursuant to subsection (h) of this section, every new land treatment unit at a new or existing facility, every land treatment unit which replaces an existing land treatment unit, and every laterally expanded portion of an existing land treatment unit is required to be equipped with two or more liners and a leachate collection system meeting the requirements established in section 66264.301(c) for new landfills.
(2) The Department shall grant a variance from the requirements of subsection  (f)(1) or subsection (9) of this section if the owner or operator demonstrates to the Department and the Department finds all of the following:
(A) the land treatment unit was an existing land treatment unit as of January 1, 1988, and no hazardous constituents identified in Appendix VIII to chapter 11 of this division have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the State, and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the State in concentrations which pollute or threaten to pollute the vadose zone or the waters of the State. In making this demonstration the owner or operator shall take a sufficient number of core samples in, beneath and surrounding the treatment zone of the land treatment unit to characterize the chemical constituents in the treatment zone, in the immediate area of the vadose zone surrounding the treatment zone, and in the area of the vadose zone beneath the treatment zone and shall submit ground water monitoring data sufficient in scope to demonstrate that there has been no migration of hazardous constituents in the vadose zone or into the waters of the State. The owner or operator, as an alternative to taking these core samples, may use the data obtained from any land treatment demonstration required by the department pursuant to section 66264.272 if the data were obtained not more than two years prior to the application for the variance and were sufficient in scope to demonstrate that there has been no migration of hazardous constituents into the vadose zone or into the waters of the state;
(B) notwithstanding the date that the land treatment unit commenced operations, the design and operating practices will prevent the migration of hazardous constituents identified in Appendix VIII to chapter 11 of this division from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state and no other hazardous constituents have migrated from the land treatment unit into the vadose zone or into the waters of the state in concentrations which pollute or threaten to pollute the vadose zone or the waters of the state;
(C) notwithstanding the date that the land treatment unit commenced operations, the design and operating practices provide for rapid detection and removal or remediation of any hazardous constituents that migrate from the treatment zone of the land treatment unit into the vadose zone or the waters of the state in concentrations that pollute or threaten to pollute the vadose zone or the waters of the state.
(3)(A) The Department shall renew a variance only in those cases where an owner or operator demonstrates to the Department and the Department finds, both of the following:
1. no hazardous constituents have migrated from the treatment zone of the land treatment unit into the vadose zone or into the waters of the state in concentrations which pollute or threaten to pollute the vadose zone or the waters of the state;
2. continuing the operation of the land treatment unit does not pose a significant threat of hazardous constituents migrating from the land treatment unit into the vadose zone or into the waters of the state in concentrations which pollute or threaten to pollute the vadose zone or the waters of the state.
(B) In making the demonstration for the renewal of a variance pursuant to this subsection, the owner or operator may use field tests, laboratory analysis, or operating data.
(4) A variance or a renewal of a variance may be issued for a period not to exceed three years.
(5) Neither the requirements of this section nor the variance provisions of subsection (f)(2) shall relieve the owner or operator from responsibility to comply with all other existing laws and regulations pertinent to land treatment units.
(g) Unless granted a variance pursuant to subsection (f)(2) or exempted under subsection (h) of this section, after January 1, 1990, no person shall discharge hazardous waste into a land treatment unit which has not been equipped with liners and a leachate collection and removal system which satisfy the requirements of subsection (f)(1) of this section.
(h) Land treatment of soil contaminated only with non-RCRA hazardous waste which has been excavated as part of a removal or remedial action at any hazardous substance release site is exempt from the requirements of subsection (f) of this section if all of the following apply:
(1) the Department determines that the land treatment does not pose a threat to public health or safety or the environment;
(2) the land treatment is conducted pursuant to a plan approved by the Department or a cleanup and abatement order issued by a regional water quality control board;
(3) the land treatment is not conducted at an offsite commercial facility;
(4) the land treatment is used only for purposes of removal or remedial action and, upon completion of the land treatment portion of the removal or remedial action, the land treatment unit is closed.
(i) For purposes of this section, the terms "removal," "remedial action,"  "hazardous substance" and "release" shall be defined in accordance with article 2 (commencing with section 25310) of chapter 6.8 division 20 of the Health and Safety Code.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25209.2, 25209.3 and 25209.5, Health and Safety Code; 40 CFR Section 265.272. 
  
 



s 66265.273. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, before placing a hazardous waste in or on a land treatment facility, the owner or operator shall:
(1) determine the concentrations in the waste of any substances which equal or exceed the maximum concentrations contained in section 66261.24, that cause a waste to exhibit the toxicity characteristic; and
(2) for any waste listed in article 4 of chapter 11 of this division, determine the concentrations of any substances which caused the waste to be listed as a hazardous waste.
(B) Chapter 11 of this division specifies the substances for which a waste is listed as a hazardous waste. As required by section 66265.13, the waste analysis plan shall include analyses needed to comply with sections 66265.281 and 66265.282. As required by section 66265.73, the owner or operator shall place the results from each waste analysis, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.273. 
  
 



s 66265.276. Food Chain Crops.
 (a) An owner or operator of a hazardous waste land treatment facility on which food chain crops are being grown, or have been grown and will be grown in the future, shall notify the Department within 60 days after July 1, 1991.
(b)(1) Food chain crops shall not be grown on the treated area of a hazardous waste land treatment facility unless the owner or operator can demonstrate, based on field testing, that any arsenic, lead, mercury or other constituents identified under section 66265.273(b):
(A) will not be transferred to the food portion of the crop by plant uptake or direct contact, and will not otherwise be ingested by food chain animals (e.g., by grazing); or
(B) will not occur in greater concentrations in the crops grown on the land treatment facility than in the same crops grown on untreated soils under similar conditions in the same region.
(2) The information necessary to make the demonstration required by subsection  (b)(1) of this section must be kept at the facility and must, at a minimum:
(A) be based on tests for the specific waste and application rates being used at the facility; and
(B) include descriptions of crop and soil characteristics, sample selection criteria, sample size determination, analytical methods and statistical procedures.
(c) Food chain crops shall not be grown on a land treatment facility receiving waste that contains cadmium unless all requirements of subsections (c)(1)(A) through (C) of this section or all requirements of subsections (c)(2)(A) through (D) of this section are met.
(1)(A) The pH of the waste and soil mixture is 6.5 or greater at the time of each waste application, except for waste containing cadmium at concentrations of 2 mg/kg (dry weight) or less.
(B) The annual application of cadmium from waste does not exceed 0.5 kilograms per hectare (kg/ha) on land used for production of tobacco, leafy vegetables or root crops grown for human consumption. For other food chain crops, the annual cadmium application rate does not exceed:
                                       Annual Cd
             Time Period               Application
                                       Rate (kg/ha)
Present to June 30, 1984.............  2.0
                                       2.0
July 1, 1984 to December 31, 1986....  1.25
Beginning January 1, 1987............  0.5

 
(C) The cumulative application of cadmium from waste does not exceed the levels in either paragraph (c)(1)(C) 1. or 2. of this section.
1.
                                   Maximum Cumulative
                                  Application (kg/ha)
Soil Caption Exchange Capacity
(meq/100g)                      Back         Back
                                ground Soil  ground Soil
                                pH Less      pH Greater
                                Than 6.5     Than 6.5
 Less than 5..................  5            5
5 to 15.......................  5            10
Greater than 15...............  5            20
 
2. For soils with a background pH of less than 6.5, the cumulative cadmium application rate does not exceed the levels below; provided, that the pH of the waste and soil mixture is adjusted to and maintained at 6.5 or greater whenever food chain crops are grown.
                                           Maximum
Soil Caption Exchange Capacity (meq/100g)  Cumulative
                                           Application
                                           (kg/ha)
 Less than 5 ............................  5
5 to 15 .................................  10
Greater than 15 .........................  20
 
(2)(A) The only food chain crop produced is animal feed.
(B) The pH of the waste and soil mixture is 6.5 or greater at the time of waste application or at the time the crop is planted, whichever occurs later and this pH level is maintained whenever food chain crops are grown.
(C) There is a facility operating plan which demonstrates how the animal feed will be distributed to preclude ingestion by humans. The facility operating plan describes the measures to be taken to safeguard against possible health hazards from cadmium entering the food chain, which may result from alternative land uses.
(D) Future property owners are notified by a stipulation in the land record or property deed which states that the property has received waste at high cadmium application rates and that food chain crops must not be grown except in compliance with paragraph (c)(2) of this section.
(d) As required by section 66265.73, if an owner or operator grows food chain crops on his land treatment facility, he shall place the information developed in this section in the operating record of the facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.276. 
  
 



s 66265.278. Vadose Zone (Zone of Aeration) Monitoring.
 (a) The owner or operator shall have in writing, and shall implement, a vadose zone monitoring plan which is designed to:
(1) detect the vertical migration of hazardous waste and hazardous waste constituents under the active portion of the land treatment facility, and
(2) provide information on the background concentrations of the hazardous waste and hazardous waste constituents in similar but untreated soils nearby; this background monitoring shall be conducted before or in conjunction with the monitoring required under subsection (a)(1) of this section.
(b) The vadose zone monitoring plan shall include, at a minimum:
(1) soil monitoring using soil cores, and
(2) soil-pore water monitoring using devices such as lysimeters.
(c) To comply with subsection (a)(1) of this section, the owner or operator shall demonstrate in the vadose zone monitoring plan that:
(1) the depth at which soil and soil-pore water samples are to be taken is below the depth to which the waste is incorporated into the soil:
(2) the number of soil and soil-pore water samples to be taken is based on the variability of:
(A) the hazardous waste constituents (as identified in sections 66265.273(a) and (b) in the waste and in the soil; and
(B) the soil type(s); and
(3) the frequency and timing of soil and soil-pore water sampling is based on the frequency, time, and rate of waste application, proximity to ground water, and soil permeability.
(d) The owner or operator shall keep at the facility his vadose zone monitoring plan, and the rationale used in developing this plan.
(e) The owner or operator shall analyze the soil and soil-pore water samples for the hazardous waste constituents that were found in the waste during the waste analysis under sections 66265.273(a) and (b).
(f) As required by section 66265.73, all data and information developed by the owner or operator under this section shall be placed in the operating record of the facility.
(g) Except as provided in section 66265.272(h) no person shall place or dispose of hazardous waste in a land treatment unit if any of the following conditions exist:
(1) hazardous constituents have migrated from the land treatment unit into the vadose zone beneath or surrounding the treatment zone or into the waters beneath or surrounding the treatment zone;
(2) there is evidence that a hazardous constituent in the waste discharged to the land treatment unit has not been or will not be completely degraded, transformed or immobilized in the treatment zone;
(3) there is a significant potential for hazardous constituents to migrate from the land treatment unit into a potential source of drinking water.
(h) The owner or operator shall periodically, at the request of the Department, and at least annually, submit information required by the Department to assure that the conditions set forth in subsections (g)(1) and (g)(2) of this section are not present. The information to be submitted to the Department to demonstrate compliance with subsection (g) of this section shall include, but is not limited to, a sufficient number of soil core samples in, beneath, and surrounding the treatment zone of the land treatment unit to detect any constituents of concern.
(i) If the owner or operator determines pursuant to subsection (a) of this section, that there has been a statistically significant increase in the concentration of a hazardous constituent below the treatment zone, or that either of the conditions set forth in subsections (g)(1) or (g)(2) of this section are detected and confirmed, or that conditions exist that render the owner or operator unable to continue to satisfy the variance requirements of section 66265.272(f)(2), the owner or operator shall, within 72 hours, report to the Department describing the full extent of the owner's or operator's findings, including the identification of all constituents which have shown a statistically significant increase.
(j) Upon receiving notice pursuant to subsection (i) of this section, or upon independent confirmation by the Department, the Department shall order the owner or operator to cease operating the land treatment unit. The owner or operator shall not resume operating the land treatment unit and shall close the land treatment unit unless one of the following actions is taken:
(1) the owner or operator completes appropriate removal or remedial actions to the satisfaction of the Department, and the owner or operator submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone; or
(2) the owner or operator completes appropriate removal or remedial actions, submits to the Department, and the Department approves, an application for a permit or a variance modification to modify the operating practices at the facility to maximize the success of degradation, immobilization, or transformation processes in the treatment zone, and equips the land treatment unit with liners, and a leachate collection and removal system that satisfy the requirements of section 66265.272(f)(1).
(k) All actions taken by an owner or operator pursuant to subsections (j)(1) or (j)(2) of this section shall be completed within a time period specified by the Department, which shall not exceed 18 months after the Department receives notice pursuant to subsection (i) of this section. If the actions are not completed within this time period, the land treatment unit shall be closed, unless granted an extension by the Department due to exceptional circumstances beyond the control of the owner and operator.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25209.4, Health and Safety Code; 40 CFR Section 265.278. 
  
 



s 66265.279. Recordkeeping.
The owner or operator shall include hazardous waste application dates and rates in the operating record required under section 66265.73.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.279. 
  
 



s 66265.280. Closure and Post-Closure.
 (a) In the closure plan under section 66265.112 and the post-closure plan under section 66265.118, the owner or operator shall address the following objectives and indicate how they will be achieved:
(1) prevention of the migration of hazardous waste and hazardous waste constituents from the treated area into the ground water;
(2) prevention of the release of contaminated run-off from the facility into surface water;
(3) prevention of the release of airborne particulate contaminants caused by wind erosion; and
(4) compliance with section 66265.276 concerning the growth of food-chain crops.
(b) The owner or operator shall consider at least the following factors in addressing the closure and post-closure care objectives of subsection (a) of this section:
(1) type and amount of hazardous waste and hazardous waste constituents applied to the land treatment facility;
(2) the mobility and the expected rate of migration of the hazardous waste and hazardous waste constituents;
(3) site location, topography, and surrounding land use, with respect to the potential effects of pollutant migration (e.g., proximity to ground water, surface water and drinking water sources);
(4) climate, including amount, frequency, and pH of precipitation;
(5) geological and soil profiles and surface and subsurface hydrology of the site, and soil characteristics, including cation exchange capacity, total organic carbon, and pH;
(6) vadose zone monitoring information obtained under section 66265.278; and
(7) type, concentration, and depth of migration of hazardous waste constituents in the soil as compared to their background concentrations.
(c) The owner or operator shall consider at least the following methods in addressing the closure and post-closure care objectives of subsection (a) of this section:
(1) removal of contaminated soils;
(2) placement of a final cover, considering:
(A) functions of the cover (e.g., infiltration control, erosion and run-off control, and wind erosion control); and
(B) characteristics of the cover, including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope, and type of vegetation on the cover; and
(3) monitoring of ground water.
(d) In addition to the requirements of article 7 of this chapter, during the closure period the owner or operator of a land treatment facility shall:
(1) continue vadose zone monitoring in a manner and frequency specified in the closure plan, except that soil pore liquid monitoring may be terminated 90 days after the last application of waste to the treatment zone;
(2) maintain the run-on control system required under section 66265.272(b);
(3) maintain the run-off management system required under section 66265.272(c); and
(4) control wind dispersal of particulate matter which may be subject to wind dispersal.
(e) For the purpose of complying with section 66265.115, when closure is completed the owner or operator may submit to the Department certification both by the owner or operator and by an independent qualified soil scientist, or an independent California Certified Engineering Geologist, in lieu of an independent California registered professional engineer, that the facility has been closed in accordance with the specifications in the approved closure plan.
(f) In addition to the requirements of section 66265.117, during the post-closure care period the owner or operator of a land treatment unit shall:
(1) continue soil-core monitoring by collecting and analyzing samples in a manner and frequency specified in the post-closure plan;
(2) restrict access to the unit as appropriate for its post-closure use;
(3) control wind dispersal of hazardous waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.280. 
  
 



s 66265.281. Special Requirements for Ignitable or Reactive Waste.
The owner or operator shall not apply ignitable or reactive waste to the treatment zone unless the waste and treatment zone meet all applicable requirements of chapter 18 of this division, and:
(a) the waste is immediately incorporated into the soil so that:
(1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23 of this chapter; and
(2) section 66264.17(b) is complied with; or
(b) the waste is managed in such a way that it is protected from any material or conditions which may cause it to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.281. 
  
 



s 66265.282. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials (see Appendix V for examples), shall not be placed in the same land treatment area, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.282. 
  
 



s 66265.300. Applicability.
The regulations in this article apply to owners and operators of facilities that dispose of hazardous waste in landfills, except as section 66265.1 provides otherwise. A waste pile used as a disposal facility is a landfill and is governed by this article.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.300. 
  
 



s 66265.301. Design and Operating Requirements.
 (a) The owner or operator of each new landfill unit on which construction commences after January 29, 1992, each lateral expansion of a landfill unit on which construction commences after July 29, 1992, and each replacement of an existing landfill unit that is to commence reuse after July 29, 1992 shall install two or more liners and a leachate collection and removal system above and between such liners, and operate the leachate collection and removal systems, in accordance with section 66264.301(d) or (e), of this chapter. The requirements of this subsection shall not apply to landfill units receiving only non-RCRA hazardous waste until February 18, 1996. "Construction commences" is as defined in section 66260.10 of this chapter under "existing facility".
(b) The owner or operator of each unit referred to in subsection (a) of this section shall notify the Department at least sixty days prior to receiving waste. The owner or operator of each facility submitting notice shall file a Part B application within six months of the receipt of such notice.
(c) The owner or operator of any replacement landfill unit is exempt from subsection (a) of this section if:
(1) The existing unit was constructed in compliance with the design standards of 42 USC section 6924(o)(1)(A)(i) and 42 USC section 6924(o)(5); and
(2) There is evidence to believe that the liner is functioning as designed.
(d) The double liner requirement set forth in subsection (a) of this section may be waived by the Department for any monofill, if:
(1) The monofill contains only hazardous wastes from foundry furnace emission controls or metal casting molding sand, and such wastes do not contain constituents which would render the wastes hazardous for reasons other than exceeding the soluble threshold limit concentration as described in section 66261.24(a)(2) for non-RCRA hazardous wastes or the characteristic of toxicity as set forth in section 66261.24(a)(1) for wastes with hazardous wastes numbers D004 through D017 for RCRA hazardous wastes; and
(2)(A) 1. . . . the monofill has at least one liner for which there is no evidence that such liner is leaking;
2. the monofill is located more than one-quarter mile from an underground source of drinking water as defined in section 66260.10; and
3. the monofill is in compliance with generally applicable groundwater monitoring requirements for facilities with hazardous waste facility permits; or
(B) the owner or operator demonstrates to the satisfaction of the Department that the monofill is located, designed and operated so as to assure that there will be no migration of any hazardous constituent into ground water or surface water at any future time.
(e) In the case of any unit in which the liner and leachate collection system has been installed pursuant to the requirements of subsection (a) of this section, and in good faith compliance with subsection (a) of this section no liner or leachate collection system which is different from that which was so installed pursuant to subsection (a) of this section will be required for such unit by the Department when issuing the first permit to such facility, except that the Department will not be precluded from requiring installation of a new liner when the Department has reason to believe that any liner installed pursuant to the requirements of subsection (a) of this section is leaking.
(f) The owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the active portion of the landfill during peak discharge from at least a 25-year storm.
(g) The owner or operator shall design, construct, operate and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(h) Collection and holding facilities (e.g., tanks or basins) associated with run-on and run-off control systems shall be emptied or otherwise managed expeditiously after storms to maintain design capacity of the system.
(i) The owner or operator of a landfill containing hazardous waste which is subject to dispersal by wind shall cover or otherwise manage the landfill so that wind dispersal of the hazardous waste is controlled.
(j) As required by section 66265.13, the waste analysis plan must include analyses to comply with sections 66265.312, 66265.313 and 6265.314. As required by section 66265.73, the owner or operator shall place the results of these analyses in the operating record of the facility.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.301. 
  
 



s 66265.302. Action Leakage Rate.
 (a) The owner or operator of landfill units subject to section 66265.301(a) shall submit a proposed action leakage rate to the Department when submitting the notice required under section 66265.301(b). The Department will establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section.
(b) The Department shall approve an action leakage rate for landfill units subject to section 66265.301(a). The action leakage rate is the maximum design flow rate that the leak detection system (LDS) can remove without the fluid pressure head on the bottom liner exceeding 1 foot (30.5 cm) at any given portion of the liner. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation, and location of the LDS, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the LDS, and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).
(c) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under section 66265.304 to an average daily flow rate (gallons per acre per day) for each sump. Unless the Department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and monthly during the post-closure care period when monthly monitoring is required under section 66265.304(b).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor' s Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.302. 
  
 



s 66265.303. Response Actions.
 (a) The owner or operator of landfill units subject to section 66265.301(a) shall submit a response action plan to the Department when submitting the proposed action leakage rate under section 66265.302. The response action plan shall set forth the actions to be taken if the action leakage rate has been exceeded. At a minimum, the response action plan shall describe the actions specified in subsection (b) of this section.
(b) If the flow rate into the leak detection system exceeds the action leakage rate for any sump, the owner or operator shall:
(1) Notify the Department in writing of the exceedence within 7 days of the determination;
(2) Submit a preliminary written assessment to the Department within 14 days of the determination, as to the amount of liquids, likely sources of liquids, possible location, size, and cause of any leaks, and short-term actions taken and planned;
(3) Determine to the extent practicable the location, size, and cause of any leak;
(4) Determine whether waste receipt should cease or be curtailed, whether any waste should be removed from the unit for inspection, repairs, or controls, and whether or not the unit should be closed;
(5) Determine any other short-term and longer-term actions to be taken to mitigate or stop any leaks; and
(6) Within 30 days after the notification that the action leakage rate has been exceeded, submit to the Department the results of the analyses specified in subsections (b)(3), (4) and (5) of this section, the results of actions taken, and actions planned. Monthly thereafter, as long as the flow rate in the leak detection system exceeds the action leakage rate, the owner or operator shall submit to the Department a report summarizing the results of any remedial actions taken and actions planned.
(c) To make the leak and/or remediation determinations in subsections (b)(3),  (4) and (5) of this section, the owner or operator shall:
(1)(A) Assess the source of liquids and amounts of liquids by source,
(B) Conduct a fingerprint, hazardous constituent, or other analyses of the liquids in the leak detection system to identify the source of liquids and possible location of any leaks, and the hazard and mobility of the liquid; and
(C) Assess the seriousness of any leaks in terms of potential for escaping into the environment; or
(2) Document why such assessments are not needed.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor' s Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.303. 
  
 



s 66265.304. Monitoring and Inspection.
 (a) An owner or operator required to have a leak detection system under section 66265.301(a) shall record the amount of liquids removed from each leak detection system sump at least once each week during the active life and closure period.
(b) After the final cover is installed, the amount of liquids removed from each leak detection system sump shall be recorded at least monthly. If the liquid level in the sump stays below the pump operating level for two consecutive months, the amount of liquids in the sumps shall be recorded at least quarterly. If the liquid level in the sump stays below the pump operating level for two consecutive quarters, the amount of liquids in the sumps shall be recorded at least semi-annually. If at any time during the post-closure care period the pump operating level is exceeded at units on quarterly or semi-annual recording schedules, the owner or operator shall return to monthly recording of amounts of liquids removed from each sump until the liquid level again stays below the pump operating level for two consecutive months.
(c) "Pump operating level" is a liquid level proposed by the owner or operator and approved by the Department based on pump activation level, sump dimensions, and level that avoids backup into the drainage layer and minimizes head in the sump. The timing for submission and approval of the proposed "pump operating level" will be in accordance with Section 66265.302(a).
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor' s Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.304. 
  

 



s 66265.309. Surveying and Recordkeeping.
The owner or operator of a landfill shall maintain the following items in the operating record required in section 66265.73:
(a) on a map, the exact location and dimensions, including depth, of each cell with respect to permanently surveyed benchmarks with horizontal and vertical controls; and
(b) the contents of each cell and the approximate location of each hazardous waste type within each cell.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.309. 
  
 



s 66265.310. Closure and Postclosure Care.
 (a) At final closure of the landfill or upon closure of any cell, the owner or operator shall cover the landfill or cell with a final cover designed and constructed to:
(1) prevent the downward entry of water into the closed landfill throughout a period of at least 100 years;
(2) function with minimum maintenance;
(3) promote drainage and minimize erosion or abrasion of the cover;
(4) accommodate settling and subsidence so that the cover's integrity is maintained;
(5) have a permeability less than the permeability of any bottom liner system or natural subsoils present;
(6) accommodate lateral and vertical shear forces generated by the maximum credible earthquake so that the integrity of the cover is maintained;
(7) preclude ponding of rainfall, surface run-off or run-on over the closed area;
(8) conform to the provisions of subsections (e) through (r) of section 66264.228, except that the Department shall grant a variance from any requirement of subsections (e) through (r) which the owner or operator demonstrates to the satisfaction of the Department is not necessary to protect public health, water quality or other environmental quality.
(b) After final closure, the owner or operator shall comply with all postclosure requirements contained in sections 66265.117 through 66265.120 including maintenance and monitoring throughout the postclosure care period. The owner or operator shall:
(1) close the facility in a manner that will minimize any chance of postclosure release of hazardous waste or discarded hazardous material; facilitate postclosure maintenance, monitoring and emergency response; and require minimum maintenance of containment structures, leachate collection systems and surface drainage collection or diversion systems;
(2) maintain the integrity and effectiveness of the final cover, including making repairs to the cover as necessary to correct the effects of settling, subsidence, erosion or other events;
(3) maintain and monitor the groundwater monitoring system and comply with all other applicable requirements of article 6 of chapter 14;
(4) prevent run-on and run-off from eroding or otherwise damaging the final cover;
(5) protect and maintain surveyed benchmarks used in complying with section 66265.309; and
(6) maintain and monitor the leak detection system in accordance with Sections 66264.301(c)(3)(D) and (c)(4) of this chapter and 66265.304(b), and comply with all other applicable leak detection system requirements of this part;
(c) If liquid has been disposed of at the site in containers, in bulk or in a moist semisolid that will drain when the weight of overburden is applied, the owner or operator shall do one of the following before closing the facility:
(1) demonstrate to the satisfaction of the department that incompatible wastes do not commingle and that nongaseous constituents of waste cannot migrate from the site; or
(2) provide measures to prevent incompatible waste from mixing after closure and to prevent migration of nongaseous waste constituents from the site after closure.
(d) The owner or operator shall consider at least the following factors in addressing the closure and postclosure care objectives of subsection (a) of this section:
(1) type and amount of hazardous waste and hazardous waste constituents in the landfill;
(2) the mobility and the expected rate of migration of the hazardous waste and hazardous waste constituents;
(3) site location, topography and surrounding land use, with respect to the potential effects of pollutant migration (e.g., proximity to groundwater, surface water and drinking water sources);
(4) climate, including amount, frequency and pH of precipitation;
(5) characteristics of the cover, including material, final surface contours, thickness, porosity and permeability, slope, length of run of slope and type of vegetation on the cover; and
(6) geological and soil profiles and surface and subsurface hydrology of the site.
(e) In addition to the requirements of section 66265.117, during the postclosure care period, the owner or operator of a hazardous waste landfill shall:
(1) maintain the function and integrity of the final cover as specified in the approved closure plan;
(2) maintain and monitor the leachate collection, removal and treatment system  (if there is one present in the landfill) to prevent excess accumulation of leachate in the system;
(3) maintain and monitor the gas collection and control system (if there is one present in the landfill) to control the vertical and horizontal escape of gases;
(4) protect and maintain surveyed benchmarks; and
(5) restrict access to the landfill as appropriate for its postclosure use.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.310. 
  
 



s 66265.312. Special Requirements for Ignitable or Reactive Waste.
 (a) Except as provided in subsection (b) of this section, and in section 66265.316, ignitable or reactive waste shall not be placed in a landfill, unless the waste and landfill meets all applicable requirements of chapter 18 of this division, and the waste is treated, rendered, or mixed before or immediately after placement in a landfill so that:
(1) the resulting waste, mixture, or dissolution or material no longer meets the definition of ignitable or reactive waste under sections 66261.21 or 66261.23; and
(2) section 66265.17(b) is complied with.
(b) Except for prohibited wastes which remain subject to treatment standards in article 4 of chapter 18 of this division, ignitable wastes in containers may be landfilled without meeting the requirements of subsection (a) of this section provided that the wastes are disposed in such a way that they are protected from any material or conditions which may cause them to ignite. At a minimum, ignitable wastes shall be disposed in non-leaking containers which are carefully handled and placed so as to avoid heat, sparks, rupture, or any other condition that might cause ignition of the wastes; shall be covered daily with soil or other non-combustible material to minimize the potential for ignition of the wastes; and shall not be disposed in cells that contain or will contain other wastes which may generate heat sufficient to cause ignition of the waste.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.312. 
  
 



s 66265.313. Special Requirements for Incompatible Wastes.
Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same landfill cell, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.313. 
  
 



s 66265.314. Special Requirements for Bulk and Containerized Liquids.
 (a) Effective February 2, 1985, the placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
(b) Containers holding free liquids shall not be placed in a landfill unless:
(1) all freestanding liquid:
(A) has been removed by decanting, or other methods;
(B) has been mixed with sorbent or solidified so that freestanding liquid is no longer observed; or
(C) has been otherwise eliminated; or
(2) the container is very small, such as an ampule; or
(3) the container is designed to hold free liquids for use other than storage, such as a battery or capacitor; or
(4) the container is a lab pack as defined in section 66265.316 and is disposed of in accordance with section 66265.316.
(c) To demonstrate the absence or presence of free liquids in either a containerized or a bulk waste, the facility shall use Method 9095 (as described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" - EPA Publication SW-846 Third Edition and updates, as incorporated by reference in section 66260.11).
(d) Sorbents used to treat free liquids to be disposed of in landfills shall be nonbiodegradable. Nonbiodegradable sorbents are: materials listed or described in subsection (d)(1) of this section; materials that pass one of the tests in subsection (d)(2) of this section; or materials that are determined by USEPA to be nonbiodegradable through the 40 CFR Part 260 petition process.
(1) Nonbiodegradable sorbents.
(A) Inorganic minerals, other inorganic materials, and elemental carbon (e.g., aluminosilicates, clays, smectites, Fuller's earth, bentonite, calcium bentonite, montmorillonite, calcined montmorillonite, kaolinite, micas (illite), vermiculites, zeolites; calcium carbonate (organic free limestone); oxides/hydroxides, alumina, lime, silica (sand), diatomaceous earth; perlite (volcanic glass); expanded volcanic rock; volcanic ash; cement kiln dust; fly ash; rice hull ash; activated charcoal/activated carbon); or
(B) High molecular weight synthetic polymers (e.g., polyethylene, high density polyethylene (HDPE), polypropylene, polystyrene, polyurethane, polyacrylate, polynorborene, polyisobutylene, ground synthetic rubber, cross-linked allylstyrene and tertiary butyl copolymers). This does not include polymers derived from biological material or polymers specifically designed to be degradable; or
(C) Mixtures of these nonbiodegradable materials.
(2) Tests for nonbiodegradable sorbents.
(A) The sorbent material is determined to be nonbiodegradable under ASTM Method G21-90-Standard Practice for Determining Resistance of Synthetic Polymer Materials to Fungi; or
(B) The sorbent material is determined to be nonbiodegradable under ASTM Method G22-76 (1984b)-Standard Practice for Determining Resistance of Plastics to Bacteria; or
(C) The sorbent material is determined to be non-biodegradable under OECD test 301B; (CO 2  Evolution (Modified Strum Test)).
(e) Effective November 8, 1985, the placement of any liquid which is not a hazardous waste in a landfill is prohibited unless the owner or operator of such landfill demonstrates to the Department, or the Department determines, that:
(1) the only reasonably available alternative to the placement in such landfill is placement in a landfill or unlined surface impoundment, whether or not permitted or operating under interim status, which contains, or may reasonably be anticipated to contain, hazardous waste; and
(2) placement in such owner or operator's landfill will not present a risk of contamination of any underground source of drinking water (as that term is defined in section 66260.10).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.5, Health and Safety Code; 40 CFR Section 265.314. 
  
 



s 66265.315. Special Requirements for Containers.
Unless they are very small, such as an ampule, containers shall be either:
(a) at least 90 percent full when placed in the landfill; or
(b) crushed, shredded, or similarly reduced in volume to the maximum practical extent before burial in the landfill.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.315. 
  
 



s 66265.316. Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs).
Small containers of hazardous waste in overpacked drums (lab packs) may be placed in a landfill if the following requirements are met.
(a) Hazardous waste shall be packaged in non-leaking inside containers. The inside containers shall be of a design and constructed of a material that will not react dangerously with, be decomposed by, or be ignited by the waste held therein. Inside containers shall be tightly and securely sealed. The inside containers shall be of the size and type specified in the Department of Transportation (DOT) hazardous materials regulations (49 CFR Parts 173, 178 and 179), if those regulations specify a particular inside container for the waste.
(b) The inside containers shall be overpacked in an open head DOT-specification metal shipping container (49 CFR Parts 178 and 179) of no more than 416- liter (110 gallon) capacity and surrounded by, at a minimum, a sufficient quantity of sorbent material, determined to be nonbiodegradable in accordance with 66265.314(d), to completely sorb all of the liquid contents of the inside containers. The metal outer container shall be full after it has been packed with inside containers and sorbent material.
(c) The sorbent material used shall not be capable of reacting dangerously with, being decomposed by, or being ignited by the contents of the inside containers, in accordance with section 66265.17(b).
(d) Incompatible wastes, as defined in section 66260.10, shall not be placed in the same outside container.
(e) Reactive waste, other than cyanide- or sulfide-bearing waste as defined in section 66261.23 (a)(5), shall be treated or rendered non-reactive prior to packaging in accordance with subsections (a) through (d) of this section. Cyanide- and sulfide-bearing reactive waste may be packaged in accordance with subsections (a) through (d) of this section without first being treated or rendered non-reactive provided that the cyanide concentration is less than 1000 mg/l.
(f) Such disposal is in compliance with the requirements of chapter 18 of this division. Persons who incinerate lab packs according to the requirements of section 66268.42(c)(1) may use fiber drums in place of metal outer containers. Such fiber drums shall meet the DOT specifications in 49 CFR 173.12 and be overpacked according to the requirements in Subsection (b) of this section.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.316. 
  
 



s 66265.317. Special Requirements for Nonliquid Waste.
 (a)(1) Effective January 1, 1995 or the effective date of the applicable treatment standard found in chapter 18 of division 4.5 of Titles 22 and 26 of California Code of Regulations, whichever is later, all nonliquid hazardous waste, bulk or containerized, shall contain less than 50 percent moisture by weight prior to disposal in a hazardous waste landfill.
(2) The requirements in (a)(1) cannot be met by adding material that acts solely as a sorbent, unless determined to be nonbiodegradable in accordance with section 66265.314(d) and waste is disposed in a container, or diluting agent. The moisture content shall be determined by pulverizing the entire sample coarsely on a clean surface by hand, using rubber gloves. Twenty-five to 50 grams shall be placed in a prepared evaporating dish and weighed. The sample shall then be placed in an oven at 103 to 105 degrees centigrade for 1 hour. The dish shall be cooled in a desiccator to 20 degrees centigrade for 1 hour and then reweighed. The cycle of drying, cooling, and weighing shall be repeated until a constant weight is obtained or until the weight loss is less than 4 percent of the previous weight.
(b) The calculation in subsection (a) shall be in accordance with the following formula:
Percent Moisture = [(A-B)/(A-C)] x 100
Where:
A = Weight of evaporating dish and original sample, grams
B = Weight of evaporating dish and oven dried sample, grams
C = Weight of evaporating dish, grams.
(c)(1) Lab Packs as defined in section 66265.316 are exempt from section 66265.317(a).
(2) Asbestos-containing waste is exempt from section 66265.317(a) if the waste is disposed according to the requirements of the regional water quality control board in (1) a class I landfill, or (2) segregated areas within a nonclass I landfill.
 
  Note: Authority cited: Sections 25150, 25179.5 and 58012, Health and Safety Code. Reference: Sections 25143.7, 25159, 25159.5, 25179.5(b) and 25179.9, Health and Safety Code. 
  
 



s 66265.340. Applicability.
 (a) The regulations in this article apply to owners or operators of facilities that incinerate hazardous waste, except as section 66264.1 provides otherwise. The following facility owners or operators are considered to incinerate hazardous waste:
(1) owners or operators of hazardous waste incinerators (as defined in section 66260.10).
(b) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this article except section 66265.351 (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in, Appendix VIII to chapter 11 of this division, and such documentation is retained at the facility, if the waste to be burned is:
(1) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or
(2) listed as a hazardous waste in article 4 of chapter 11 of this division solely because it is reactive (Hazard Code R) for characteristics other than those listed in section 66261.23(a)(4) and (a)(5), and will not be burned when other hazardous wastes are present in the combustion zone; or
(3) a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes; or
(4) a hazardous waste solely because it possesses the reactivity characteristics described by section 66261.23(a)(1), (a)(2), (a)(3), (a)(6), (a)(7), (a)(8), and will not be burned when other hazardous wastes are present in the combustion zone.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.340. 
  
 



s 66265.341. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, the owner or operator shall sufficiently analyze any waste which that owner or operator has not previously burned in that owner or operator's incinerator to enable him that owner or operator to establish steady state (normal) operating conditions (including waste and auxiliary fuel feed and air flow) and to determine the type of pollutants which might be emitted. At a minimum, the analysis shall determine:
(1) heating value of the waste;
(2) halogen content and sulfur content in the waste; and
(3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.
(b) As required by section 66265.73, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference cited:Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.341. 
  
 



s 66265.347. Monitoring and Inspections.
 (a) The owner or operator shall conduct, as a minimum, the following monitoring and inspections when incinerating hazardous waste.
(1) Existing instruments which relate to combustion and emission control shall be monitored at least every 15 minutes. Appropriate corrections to maintain steady state combustion conditions shall be made immediately either automatically or by the operator. Instruments which relate to combustion and emission control would normally include those measuring waste feed, auxiliary fuel feed, air flow, incinerator temperature, scrubber flow, scrubber pH, and relevant level controls.
(2) The complete incinerator and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be inspected at least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system alarms must be checked to assure proper operation.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.347. 
  
 



s 66265.351. Closure.
 (a) At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including but not limited to ash, scrubber waters, and scrubber sludges) from the incinerator site.
(b) At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(d) of this division, that the residue removed from that owner or operator's incinerator is not a hazardous waste, the owneror operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this division.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference cited: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 264.351. 
  
 



s 66265.352. Interim Status Incinerators Burning Particular Hazardous Wastes.
 (a) Owners or operators of incinerators subject to this article may burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification from the USEPA Assistant Administrator for Solid Waste and Emergency Response that they can meet the performance standards of article 15 of chapter 14 of this division when they burn these wastes.
(b) The following standards and procedures will be used in determining whether to certify an incinerator.
(1) The owner or operator will submit an application to the USEPA Assistant Administrator for Solid Waste and Emergency Response containing applicable information in sections 66270.19 and 66270.62 demonstrating that the incinerator can meet the performance standards in article 15 of chapter 14 of this division when they burn these wastes.
(2) The USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a tentative decision as to whether the incinerator can meet the performance standards in article 15 of chapter 14 of this division. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the incinerator is located. The USEPA Assistant Administrator for Solid Waste and Emergency Response will accept comment on the tentative decision for 60 days. The USEPA Assistant Administrator for Solid Waste and Emergency Response also may hold a public hearing upon request or at the Assistant Administrator's discretion.
(3) After the close of the public comment period, the USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a decision whether or not to certify the incinerator.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.352. 
  
 



s 66265.370. Other Thermal Treatment.
The regulations in this article apply to owners or operators of facilities that thermally treat hazardous waste in devices other than enclosed devices using controlled flame combustion, except as section 66265.1 provides otherwise. Thermal treatment in enclosed devices using controlled flame combustion is subject to the requirements of article 15 of this chapter if the unit is an incinerator, and article 8 of chapter 16, if the unit is a boiler or an industrial furnace as defined in section 66260.10.
 
  Note: Authority cited: Sections 25159, 25159.5, 58004 and 58012, Health and Safety Code. Reference cited: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.370. 
  
 



s 66265.373. General Operating Requirements.
Before adding hazardous waste, the owner or operator shall bring his thermal treatment process to steady state (normal) conditions of operation-including steady state operating temperature using auxiliary fuel or other means, unless the process is a noncontinuous (batch) thermal treatment process which requires a complete thermal cycle to treat a discrete quantity of hazardous waste.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.373. 
  
 



s 66265.375. Waste Analysis.
 (a) In addition to the waste analyses required by section 66265.13, the owner or operator must sufficiently analyze any waste which he has not previously treated in that owner's or operator's thermal process to enable that owner or operator to establish steady state (normal) or other appropriate (for a non-continuous process) operating conditions (including waste and auxiliary fuel feed) and to determine the type of pollutants which might be emitted. At a minimum, the analysis must determine:
(1) heating value of the waste;
(2) halogen content and sulfur content in the waste; and
(3) concentrations in the waste of lead and mercury, unless the owner or operator has written, documented data that show that the element is not present.
(b) As required by section 66265.73, the owner or operator must place the results from each waste analysis, or the documented information, in the operating record of the facility.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.375. 
  
 



s 66265.377. Monitoring and Inspections.
 (a) The owner or operator shall conduct, as a minimum, the following monitoring and inspections when thermally treating hazardous waste.
(1) Existing instruments which relate to temperature and emission control (if an emission control device is present) shall be monitored at least every 15 minutes. Appropriate corrections to maintain steady state or other appropriate thermal treatment conditions shall be made immediately either automatically or by the operator. Instruments which relate to temperature and emission control would normally include those measuring waste feed, auxiliary fuel feed, treatment process temperature, and relevant process flow and level controls.
(2) The stack plume (emissions), where present, shall be observed visually at least hourly for normal appearance (color and opacity). The operator shall immediately make any indicated operating corrections necessary to return any visible emissions to their normal appearance.
(3) The complete thermal treatment process and associated equipment (pumps, valves, conveyors, pipes, etc.) shall be inspected at least daily for leaks, spills, and fugitive emissions, and all emergency shutdown controls and system alarms must be checked to assure proper operation.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.377. 
  
 



s 66265.381. Closure.
At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash) from the thermal treatment process or equipment. At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(c) or (d), that any waste removed from that owner or operator's thermal treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of this division.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference cited: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.381. 
  
 



s 66265.382. Open Burning; Waste Explosives.
Open burning of hazardous waste is prohibited except for the open burning and detonation of waste explosives. Waste explosives include waste which has the potential to detonate and bulk military propellants which cannot safely be disposed of through other modes of treatment. Detonation is an explosion in which chemical transformation passes through the material faster than the speed of sound (0.33 kilometers/second at sea level). Owners or operators choosing to open burn or detonate waste explosives shall do so in accordance with the following table and in a manner that does not threaten human health or the environment.
-------------------------------------------------------
                           Minimum Distance from Open
Pounds of Waste            Burning or Detonation to the
Explosives or Propellants  Property of Others
-------------------------------------------------------
0 to 100                   204 meters (670 feet)
101 to 1,000               380 meters (1,250 feet)
1,001 to 10,000            530 meters (1,730 feet)
10,001 to 30,000           690 meters (2,260 feet)
 
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.382. 
  
 



s 66265.383. Interim Status Thermal Treatment Devices Burning Particular Hazardous Waste.
 (a) Owners or operators of thermal treatment devices subject to this subpart may burn EPA Hazardous Wastes F020, F021, F022, F023, F026, or F027 if they receive a certification from the USEPA Assistant Administrator for Solid Waste and Emergency Response that they can meet the performance standards of article 15 of chapter 14 of this division when they burn these wastes.
(b) The following standards and procedures will be used in determining whether to certify a thermal treatment unit.
(1) The owner or operator will submit an application to the USEPA Assistant Administrator for Solid Waste and Emergency Response containing the applicable information in sections 66270.19 and 66270 .62 demonstrating that the thermal treatment unit can meet the performance standard in article 15 of chapter 14 of this division when they burn these wastes.
(2) The USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a tentative decision as to whether the thermal treatment unit can meet the performance standards in article 15 of chapter 14 of this division. Notification of this tentative decision will be provided by newspaper advertisement and radio broadcast in the jurisdiction where the thermal treatment device is located. The USEPA Assistant Administrator for Solid Waste and Emergency Response will accept comment on the tentative decision for 60 days. The USEPA Assistant Administrator for Solid Waste and Emergency Response also may hold a public hearing upon request or at the Assistant Administrator's discretion.
(3) After the close of the public comment period, the USEPA Assistant Administrator for Solid Waste and Emergency Response will issue a decision whether or not to certify the thermal treatment unit.
 
  Note:    Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 265.383. 
  
 



s 66265.400. Applicability.
The regulations in this article apply to owners and operators of facilities which treat hazardous wastes by chemical, physical, or biological methods in other than tanks, surface impoundments, and land treatment facilities, except as section 66265.1 provides otherwise. Chemical, physical, and biological treatment of hazardous waste in tanks, surface impoundments, and land treatment facilities shall be conducted in accordance with articles 10, 11, and 13, respectively.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.400. 
  
 



s 66265.401. General Operating Requirements.
 (a) Chemical, physical, or biological treatment of hazardous waste shall comply with section 66265.17(b).
(b) Hazardous wastes or treatment reagents shall not be placed in the treatment process or equipment if they could cause the treatment process or equipment to rupture, leak, corrode, or otherwise fail before the end of its intended life.
(c) Where hazardous waste is continuously fed into a treatment process or equipment, the process or equipment shall be equipped with a means to stop this inflow (e.g., a waste feed cut-off system or by-pass system to a standby containment device).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.401. 
  
 



s 66265.402. Waste Analysis and Trial Tests.
 (a) In addition to the waste analysis required by section 66265.13, the owner or operator shall comply with subsection (b) of this section, whenever:
(1) a hazardous waste which is substantially different from waste previously treated in a treatment process or equipment at the facility is to be treated in that process or equipment, or
(2) a substantially different process than any previously used at the facility is to be used to chemically treat hazardous waste.
(b) The owner or operator shall, before treating the different waste or using the different process or equipment:
(1) conduct waste analyses and trial treatment tests (e.g., bench scale or pilot plant scale tests); or
(2) obtain written, documented information on similar treatment of similar waste under similar operating conditions to show that this proposed treatment will meet all applicable requirements of sections 66265.401(a) and (b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. References: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.402. 
  
 



s 66265.403. Inspections.
 (a) The owner or operator of a treatment facility shall inspect, where present:
(1) discharge control and safety equipment (e.g., waste feed cut-off systems, by-pass systems, drainage systems, and pressure relief systems) at least once each operating day, to ensure that it is in good working order;
(2) data gathered from monitoring equipment (e.g., pressure and temperature gauges), at least once each operating day, to ensure that the treatment process or equipment is being operated according to its design;
(3) the construction materials of the treatment process or equipment, at least weekly, to detect corrosion or leaking of fixtures or seams; and
(4) the construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes), at least weekly, to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.403. 
  
 



s 66265.404. Closure.
At closure, all hazardous waste and hazardous waste residues shall be removed from treatment processes or equipment, discharge control equipment, and discharge confinement structures. In addition, owners and operators of incinerators shall comply with the requirements of section 66265.351. At closure, as throughout the operating period, unless the owner or operator can demonstrate, in accordance with section 66261.3(d) or (e) of this division, that any waste removed from the treatment process or equipment is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and shall manage it in accordance with all applicable requirements of chapters 12, 13, and 15 of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.404. 
  
 



s 66265.405. Special Requirements for Ignitable or Reactive Waste.
Ignitable or reactive waste shall not be placed in a treatment process or equipment unless:
(a) the waste is treated, rendered, or mixed before or immediately after placement in the treatment process or equipment so that (1) the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under section 66261.21 or 66261.23 of this division, and (2) section 66265.17(b) is complied with; or
(b) the waste is treated in such a way that it is protected from any material or conditions which may cause the waste to ignite or react.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.405. 
  
 



s 66265.406. Special Requirements for Incompatible Wastes.
 (a) Incompatible wastes, or incompatible wastes and materials, (see Appendix V for examples) shall not be placed in the same treatment process or equipment, unless section 66265.17(b) is complied with.
(b) Hazardous waste shall not be placed in unwashed treatment equipment which previously held an incompatible waste or material, unless section 66265.17(b) is complied with.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 265.406. 
  
 



s 66265.440. Applicability.
 (a) The requirements of this article apply to owners and operators of facilities that use new or existing drip pads to convey treated wood drippage, precipitation, and/or surface water run-off to an associated collection system. Existing drip pads are those constructed before December 6, 1990, and those for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 6, 1990. All other drip pads are new drip pads. The requirement at section 66265.443(b)(3) to install a leak collection system applies only to those drip pads that are constructed after December 24, 1992 except for those constructed after December 24, 1992 for which the owner or operator has a design and has entered into binding financial or other agreements for construction prior to December 24, 1992.
(b) The owner or operator of any drip pad that is inside or under a structure that provides protection from precipitation so that neither run-off nor run-on is generated is not subject to regulation under sections 66265.443(e) or 66265.443(f), as appropriate.
(c) The requirements of this article are not applicable to the management of infrequent and incidental drippage in storage yards provided that:
(1) the owner or operator maintains and complies with a written contingency plan that describes how the owner or operator will respond immediately to the discharge of such infrequent and incidental drippage. At a minimum, contingency plan shall describe how the facility will do the following:
(A) cleanup the drippage;
(B) document the cleanup of the drippage;
(C) retain documents regarding cleanup for three years; and
(D) manage the contaminated media in a manner consistent with Department regulations.
 
  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 265.440. 
  
 



s 66265.441. Assessment of existing drip pad integrity.
 (a) For each existing drip pad as defined in section 66265.440 of this article, the owner or operator shall evaluate the drip pad and determine that it meets all of the requirement of this article, except the requirements for liners and leak detection systems of section 66265.443(b). No later than the effective date of this rule, the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated, and re-certified annually until all upgrades, repairs, or modifications necessary to achieve compliance with all of the standards of section 66265.443 are complete. The evaluation shall document the extent to which the drip pad meets each of the design and operating standards of section 66265.443, except the standards for liners and leak detection systems, specific in section 66265.443(b).
(b) The owner or operator shall develop a written plan for upgrading, repairing, and modifying the drip pad to meet the requirements of section 66265.443(b), and submit the plan to the Department no later than two years before the date that all repairs, upgrades, and modifications are complete. This written plan shall describe all changes to be made to the drip pad in sufficient detail to document compliance with all the requirements of section 66265.443. The plan shall be reviewed and certified by an independent, qualified professional engineer registered in California.
(c) Upon completion of all, repairs, and modifications, the owner or operator shall submit to the Department, the as-built drawings for the drip pad together with a certification by an independent, qualified professional engineer registered in California attesting that the drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator shall comply with the provisions of section 66265.443(m) or close the drip pad in accordance with section 66265.445.
 
  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 265.441. 
  
 



s 66265.442. Design and installation of new drip pads.
Owners and operators of new drip pads shall ensure that the pads are designed, installed, and operated in accordance with one of the following:
(a) All of the applicable requirements of sections 66265.443 (except section 66265.443(b)), 66265.444 and 66265.445, or
(b) All of the applicable requirements of sections 66265.443 (except section 66265.443(a)(4)(A) and (B)), 66265.444 and 66265.445.
 
  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 265.442. 
  
 



s 66265.443. Design and operating requirements.
 (a) Drip pads shall:
(1) be constructed of non-earthen materials, excluding wood and non-structurally supported asphalt;
(2) be sloped to free-drain treated wood drippage, rain, and other waters, or solutions of drippage and water or other wastes to the associated collection system;
(3) have a curb or berm around the perimeter;
(4)(A) have a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second, e.g., existing concrete drip pads shall be sealed, coated, or covered with a surface material with a hydraulic conductivity of less than or equal to 1x10<<super>>-7 centimeters per second such that the entire surface where drippage occurs or may run across is capable of containing such drippage and mixtures of drippage and precipitation, materials, or other wastes while being routed to an associated collection system. This surface material shall be maintained free of cracks and gaps that could adversely affect its hydraulic conductivity, and the materials shall be chemically compatible with the preservatives that contact the drip pad. The requirements of this provision apply only to existing drip pads and those drip pads for which the owner or operator elects to comply with section 66265.442(a) instead of section 66265.442(b).
(B) the owner or operator shall obtain and keep on file at the facility a written assessment of the drip pad, reviewed and certified by an independent, qualified registered professional engineer registered in California that attests to the results of the evaluation. The assessment shall be reviewed, updated and recertified annually. The evaluation shall document the extent to which the drip pad meets the design and operating standards of this section, except for subsection (b).
(5) be of sufficient structural strength and thickness to prevent failure due to physical contact, climatic conditions, the stress of installation, and the stress of daily operations, e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
(b) If an owner or operator elects to comply with section 66264.442(b) instead of section 66265.442(a), the drip pad shall have:
(1) a synthetic liner installed below the drip pad that is designed, constructed, and installed to prevent leakage from the drip pad into the adjacent subsurface soil or groundwater or surface water at any time during the active life (including the closure period) of the drip pad. The liner shall be constructed of materials that will prevent waste from being absorbed into the liner and prevent releases into the adjacent subsurface soil or ground water or surface water during the active life of the facility. The liner shall be:
(A) constructed of materials that have appropriate chemical properties and sufficient strength and thickness to prevent failure due to pressure gradients (including static head and external hydrogeologic forces), physical contact with the waste or drip pad leakage to which they are exposed, climatic conditions, the stress of installation, and the stress of daily operation (including stresses from vehicular traffic on the drip pad);
(B) placed upon a foundation or base capable of providing support to the liner and resistance to pressure gradients above and below the liner to prevent failure of the liner due to settlement, compression or uplift; and
(C) installed to cover all surrounding earth that could come in contact with the waste or leakage; and
(2) a leakage detection system, immediately above the liner that is designed, constructed, maintained, and operated to detect leakage from the drip pad. The leakage detection system shall be:
(A) constructed of materials that are:
1. chemically resistant to the waste managed in the drip pad and the leakage that might be generated; and
2. of sufficient strength and thickness to prevent collapse under the pressures exerted by overlaying materials and by any equipment used at the drip pad; and
(B) designed and operated to function without clogging through the scheduled closure of the drip pad;
(C) designed so that it will detect the failure of the drip pad or the presence of a release of hazardous waste or accumulated liquid at the earliest practicable time.
(3) a leakage collection system immediately above the liner that is designed, constructed, maintained and operated to collect leakage from the drip pad such that it can be removed from below the drip pad. The date, time, and quantity of any leakage collected in this system and removed shall be documented in the operating log.
(c) Drip pads shall be maintained such that they remain free of cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the drip pad.
(d) The drip pad and associated collection system shall be designed and operated to convey, drain, and collect liquid resulting from drippage or precipitation in order to prevent run-off.
(e) Unless protected by a structure, as described in section 66265.440(b), the owner or operator shall design, construct, operate, and maintain a run-on control system capable of preventing flow onto the drip pad during peak discharge from at least  a 24-hour, 25-year storm unless the system has sufficient excess capacity to contain any run-on that might enter the system, or the drip pad is protected by a structure or cover, as described in section 66265.440(b).
(f) Unless protected by a structure or cover, as described in section 66265.440(b), the owner or operator shall design, construct, operate, and maintain a run-off management system to collect and control at least the water volume resulting from a 24-hour, 25-year storm.
(g) The drip pad shall be evaluated to determine that it meets the requirements of subsections (a) through (f) of this section and the owner or operator shall obtain a statement from an independent, qualified, professional engineer registered in California, certifying that the drip pad design meets the requirements of this section.
(h) Drippage and accumulated precipitation shall be removed from the associated collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface shall be cleaned thoroughly in a manner and frequency such that accumulated residues of hazardous waste or other materials are removed, with residues being properly managed as hazardous waste, so as to allow weekly inspections of the entire drip pad surface without interference or hindrance form accumulated residues of hazardous waste or other materials on the drip pad. The owner or operator shall document the date and time of each cleaning and the cleaning procedure used in the facility's operating log.
(j) Drip pads shall be operated and maintained in a manner to minimize tracking of hazardous waste or hazardous waste constituents off the drip pad as a result of activities by personnel or equipment.
(k) After being removed from the treatment vessel, treated wood from pressure and non-pressure processes shall be held on the drip pad until drippage has ceased. The owner or operator shall maintain records sufficient to document that all treated wood is held on the pad following treatment in accordance with this requirement.
(l) Collection and holding units associated with run-on and run-off control systems shall be emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system.
(m) Throughout the active life of the drip pad, if the owner or operator detects a condition that may have caused or has caused a release of hazardous waste, the condition shall be repaired within a reasonably prompt period of time following discovery, in accordance with the following procedures:
(1) upon detection of a condition that may have caused or has caused a release of hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner or operator shall:
(A) enter a record of the discovery in the facility operating log;
(B) immediately remove the portion of the drip pad affected by the condition from service;
(C) determine what steps shall be taken to repair the drip pad, remove any leakage from below the drip pad, and establish a schedule for accomplishing the clean up and repairs;
(D) within 24 hours after discovery of the condition, notify the Department of the condition and, within ten working days, provide a written notice to the Department with a description of the steps that will be taken to repair the drip pad, and clean up any leakage, and the schedule for accomplishing this work;
(2) the Department will review the information submitted, make a determination regarding whether the pad shall be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing; and
(3) upon competing all repairs and clean up, the owner or operator shall notify the Department in writing and provide a certification, signed by an independent, qualified professional engineer registered in California, that the repairs and clean up have been completed according to the written plan submitted in accordance with subsection (m)(1)(D) of this section.
(n) The owner or operator shall maintain, as part of the facility operating log, documentation of past operating and waste handling practices. This shall include identification of preservative formulations used in the past, a description of drippage management practices, and a description of treated wood storage and handling practices.
 
  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 265.443. 
  
 



s 66265.444. Inspection.
 (a) During preconstruction, construction, and operating phases, liners and cover systems (e.g., membranes, sheets, or coatings) shall be inspected for uniformity, damage, and imperfection (e.g., holes cracks,  thin spots, or foreign materials). Immediately after construction or installation, liners shall be inspected and certified as meeting the requirements of section 66265.443 by an independent, qualified professional engineer registered in California. The certification shall be maintained at the facility as part of the facility operating record. After installation liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it shall be inspected weekly and after storms to detect evidence of any of the following:
(1) deterioration, malfunctions, or improper operation of run-on and run-off control systems;
(2) the presence of leakage in and proper functioning of leakage detection system; or
(3) deterioration or cracking if the drip pad surface.
 
  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 and 25245, Health and Safety Code; and 40 CFR Section 265.444. 
  

 



s 66265.445. Closure.
 (a) At closure, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (pad, liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leakage, and manage them as hazardous waste.
(b) If, after removing or decontaminating all residues and making reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment a required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practically removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with closure and post-closure care requirements that apply to landfills (section 66265.310). For permitted units, the requirement to have a permit continues throughout the post-closure period.
(c)(1) The owner or operator of an existing drip pad, as defined in section 66265.440, that does not comply with the liner requirements of section 66265.443(b)(1) shall:
(A) include in the closure plan for the drip pad under section 66265.112 both a plan for complying with subsection (a) of this section and a contingent plan for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure; and
(B) prepare a contingent post-closure plan under section 66265.118 for complying with subsection (b) of this section in case not all contaminated subsoils can be practicably removed at closure;
(2) the cost estimates calculated under sections 66265.112 and 66265.144 for closure and post-closure care of a drip pad subject to this subsection shall include the cost of complying with the contingent closure plan and the contingent post-closure plan, but are not required to include the cost of expected closure under subsection (a) of this section.
 
  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 265.445. 
  
 



s 66265.710. Applicability to Interim Status Facilities.
 (a) Sections 66265.710 through 66265.714 of this chapter apply to owners or operators of interim status facilities that treat, store, recycle or dispose of hazardous waste in a surface impoundment, waste pile, land treatment unit or landfill (hereinafter referred to as a regulated unit), except as section 66265.1 and subsection (b) of this section provide otherwise. The owner or operator of a regulated unit that receives hazardous waste after February 2, 1985 shall install, operate and maintain an environmental monitoring system which meets the requirements of section 66265.711 and shall comply with sections 66265.712 through 66265.714. This environmental monitoring program shall be carried out during the active life of the regulated unit, and for units where hazardous waste will remain after closure, during the post-closure care period as well.
(b) All or part of the environmental monitoring requirements of this article shall be waived if the owner or operator demonstrates to the satisfaction of the Department that hazardous waste will not migrate from the regulated unit during the active life of the unit (including the closure period) and the post-closure care period and that any waste remaining in the unit does not pose a threat to human health and the environment. These demonstrations shall be in writing, and shall be kept at the facility. The demonstration that gas, vapor or airborne solids will not migrate shall be certified by an independent, qualified chemical engineer. The demonstration that liquid will not migrate shall be certified by an independent, certified engineering geologist or professional civil engineer registered in California and shall establish the following:
(1) the potential for migration of hazardous waste or hazardous waste constituents from the regulated unit via transport through soil, water or air;
(2) the potential for migration of hazardous waste or hazardous waste constituents from the regulated unit to ground water, by an evaluation of:
(A) a water balance of precipitation, evapotranspiration, runoff and infiltration;
(B) unsaturated zone characteristics (i.e., geologic materials, physical properties and depth to ground water).
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.711. Environmental Monitoring System for Interim Status Facilities.
The owner or operator of a regulated unit that contains hazardous waste, or discarded hazardous material, that contains a volatile toxic substance, or a hazardous material that can become airborne, or that can decompose or react to form a volatile toxic substance or toxic gas, shall provide for representative sampling and analysis of air upwind and at the disposal area and of air in the vapor space at vapor and gas monitoring wells, established by the owner or operator to the satisfaction of the Department. Such monitoring shall be conducted throughout the active life and the post-closure care period of the facility. Vapor and gas monitoring wells shall be covered with collection chambers. The owner or operator shall provide inside the collection chambers probes or equivalent meth odologies that actively sense the concentration of substances specified pursuant to section 66265.712(b). If necessary to protect human health or the environment, the owner or operator shall provide instrumentation that provides continuous recording of concentrations of substances in open air and in atmosphere at vapor wells.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.712. Sampling and Analysis for Interim Status Facilities.
 (a) The owner or operator shall develop and follow an environmental sampling and analysis plan that satisfies the requirements of this articlenalysis plan that satisfies the requirements of this article. The owner or operator shall submit this plan to the Department within 90 days of July 1, 1991. The owner or operator shall submit all modifications to the environmental sampling and analysis plan to the Department and shall maintain an updated version of the environmental sampling and analysis plan in the operating record at the facility. The Department shall require the owner or operator to modify the environmental sampling and analysis plan as necessary to protect human health or the environment.
(b) Samples will be analyzed for those substances specified in the environmental sampling and analysis plan. Unless the Department approves an alternate list of monitoring parameters, the owner or operator shall analyze the samples to determine the concentration of all constituents that cause waste at the regulated unit to be hazardous waste. The owner or operator shall specify for the regulated unit the location and frequency of monitoring and the type of statistical test that will be used. The owner or operator shall submit a report to the Department that indicates the results of the analysis and the concentrations of constituents in the air and soil-pore gas sampled. The report shall be submitted to the Department within 30 days of the date and time analyses are completed.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.713. Preparation, Evaluation and Response for Interim Status Facilities.
 (a) Within one year after July 1, 1991, the owner or operator shall prepare a comprehensive environmental monitoring program capable of determining:
(1) whether hazardous waste or hazardous waste constituents have migrated from the facility in air or in soil-pore gas;
(2) the rate and extent of migration of hazardous waste or hazardous waste constituents in air and in soil-pore gas;
(3) the concentrations of hazardous waste or hazardous waste constituents in air and in soil-pore gas.
(b) If the owner or operator determines through the environmental monitoring pursuant to section 66265.712, or the comprehensive environmental monitoring pursuant to subsection (a) of this section, that hazardous waste or hazardous waste constituents have migrated from the regulated unit through air or soil-pore gas, the owner or operator shall, within 15 days of such determination, develop and submit to the Department a specific plan, certified by a qualified certified engineering geologist or qualified geologist or geotechnical engineer or civil engineer registered in California, for an environmental quality assessment program at the facility.
(c) The plan to be submitted under subsection (b) of this section shall specify:
(1) the number, location and depth of sampling stations;
(2) sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the regulated unit;
(3) evaluation procedures, including any use of previously gathered information on the chemical characteristics of soil, soil-pore gas, and air;
(4) a schedule of implementation.
(d) The owner or operator shall implement the environmental quality assessment plan which satisfies the requirements of subsection (c) of this section and, at a minimum, determine:
(1) the rate and extent of migration of the hazardous waste or hazardous waste constituents in air or in soil-pore gas;
(2) the concentrations of the hazardous waste or hazardous waste constituents in air and in soil-pore gas.
(e) The owner or operator shall make the first determination under subsection  (d) of this section as soon as technically feasible and, within 15 days after that determination, submit to the Department a written report containing an assessment of the environmental quality.
(f) If the owner or operator determines to the satisfaction of the Department, based on the results of the first determination under subsection (d) of this section, that no hazardous waste or hazardous waste constituents have migrated from the regulated unit, then the owner or operator may reinstate the indicator evaluation program described in section 66265.712. If the owner or operator reinstates the indicator evaluation program, the owner or operator shall so notify the Department in the report submitted under subsection (e) of this section.
(g) If the owner or operator determines, based on the first determination under subsection (d) of this section, that hazardous waste or hazardous waste constituents have migrated from the facility, then the owner or operator:
(1) shall continue to make the determinations required under subsection (d) of this section on a quarterly basis until final closure of the facility, if the environmental quality assessment plan was implemented prior to final closure of the facility; or
(2) may cease to make the determinations required under subsection (d) of this section, if the environmental quality assessment plan was implemented during the post-closure care period.
(h) Notwithstanding any other provision of this article, any environmental quality assessment to satisfy the requirements of section 66265.713(d) which is initiated prior to final closure of the facility shall be completed and reported in accordance with section 66265.713(e).
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 66265.714. Recordkeeping and Reporting at Interim Status Facilities.
 (a) Unless the owner or operator provides monitoring that satisfies the requirements of section 66265.713(d), the owner or operator shall report monitoring information to the Department at least annually, including the concentrations or values of the parameters in accordance with section 66265.712 for each sampling station.
(b) If the owner or operator provides monitoring that satisfies the requirements of section 66265.713(d), the owner or operator shall:
(1) keep records of the analyses and evaluations specified in the plan, which satisfies the requirements of section 66265.713(c), throughout the active life of the facility and, for disposal facilities, throughout the post-closure care period as well;
(2) annually, until final closure of the facility, submit to the Department a report containing the results of the environmental quality assess- ment program which includes, but is not limited to, the calculated (or measured) rate of migration of hazardous waste or hazardous waste constituents in soil, soil-pore gas, and in air during the reporting period. This report shall be submitted as part of the annual report required under section 66265.75.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



Appendix I.
Recordkeeping Instructions
 
The recordkeeping provisions of section 66265.73 specify that an owner or operator shall keep a written operating record at the facility. This appendix provides additional instructions for keeping portions of the operating record. See section 66265.73(b) for additional recordkeeping requirements.
The following information shall be recorded, as it becomes available, and maintained in the operating record until closure of the facility in the following manner:
(a) records of each hazardous waste received, transferred, treated, stored, or disposed of at the facility which include the following:
(1) a description by its common name and any applicable EPA Hazardous Waste Number or California Hazardous Waste Number from chapter 11 of this division which apply to the waste. The waste description also shall include the waste's physical form, i.e., liquid, sludge, solid, or contained gas. If the waste is not listed in chapter 11, article 4 or Appendix XII of this division, the description also shall include the process that produced it (for example, solid filter cake from production of --, EPA Hazardous Waste Number W051).
Each hazardous waste listed in chapter 11, article 4, of this division, and each hazardous waste characteristic defined in chapter 11, article 3, of this division, has a four-digit EPA Hazardous Waste Number and/or a three-digit California Hazardous Waste Number assigned to it. This number shall be used for recordkeeping and reporting purposes. Where a hazardous waste contains more than one listed hazardous waste, or where more than one hazardous waste characteristic applies to the waste, the waste description shall include all applicable EPA and California Hazardous Waste Numbers;
(2) the estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of measure specified in Table 1; and
Table 1
 
--------------------------------
Unit of Measurement   Code [FN1]
--------------------------------
Gallons               G
Gallons per Hour      E
Gallons per Day       U
 Liters               L
 Liters per Hour      H
 Liters per Day       V
Short Tons per Hour   D
Metric Tons per Hour  W
Short Tons per Day    N
Metric Tons per Day   S
Pounds per Hour       J
Kilograms per Hour    R
Cubic Yards           Y
Cubic Meters          C
Acres                 B
Acre-feet             A
Hectares              Q
Hectare-meter         F
Btu's per Hour        I
 
[FNa1] Single digit symbols are used here for data processing purposes.
(3) the method(s) (by handling code(s) as specified in Table 2) and date(s) of treatment, storage, or disposal:
Table 2
 
Handling Codes for Treatment, Storage, and Disposal Methods
 
Enter the handling code(s) listed below that most closely represents the technique(s) used at the facility to treat, store, or dispose of each quantity of hazardous waste received.
1. STORAGE
 
S01  Container (barrel, drum, etc.)
S02  Tank
S03  Waste pile
S04  Surface impoundment
S05  Drip Pad
S06  Containment Building (Storage)
S99  Other Storage (specify)
 
2. TREATMENT
 
                         (a) Thermal Treatment
T06  Liquid injection incinerator
T07  Rotary kiln incinerator
T08  Fluidized bed incinerator
T09  Multiple hearth incinerator
T10  Infrared furnace incinerator
T11  Molten salt destructor
T12  Pyrolysis
T13  Wet air oxidation
T14  Calcination
T15  Microwave discharge
T18  Other (specify)
                         (b) Chemical Treatment
T19  Absorption mound
T20  Absorption field
T21  Chemical fixation
T22  Chemical oxidation
T23  Chemical precipitation
T24  Chemical reduction
T25  Chlorination
T26  Chlorinolysis
T27  Cyanide destruction
T28  Degradation
T29  Detoxification
T30  Ion exchange
T31  Neutralization
T32  Ozonation
T33  Photolysis
T34  Other (specify)
                        (c) Physical Treatment:
                      (1) Separation of components
T35  Centrifugation
T36  Clarification
T37  Coagulation
T38  Decanting
T39  Encapsulation
T40  Filtration
T41  Flocculation
T42  Flotation
T43  Foaming
T44  Sedimentation
T45  Thickening
T46  Ultrafiltration
T47  Other (specify)
                   (2) Removal of Specific Components
T48  Absorption-molecular sieve
T49  Activated carbon
T50  Blending
T51  Catalysis
T52  Crystallization
T53  Dialysis
T54  Distillation
T55  Electrodialysis
T56  Electrolysis
T57  Evaporation
T58  High gradient magnetic separation
T59  Leaching
T60  Liquid ion exchange
T61  Liquid-liquid extraction
T62  Reverse osmosis
T63  Solvent recovery
T64  Stripping
T65  Sand filter
T66  Other (specify)
                        (d) Biological Treatment
T67  Activated sludge
T68  Aerobic lagoon
T69  Aerobic tank
T70  Anaerobic tank
T71  Composting
T72  Septic tank
T73  Spray irrigation
T74  Thickening filter
T75  Trickling filter
T76  Waste stabilization pond
T77  Other (specify)
T78  [Reserved]
T79  [Reserved]
                   (e) Boiler and Industrial Furnaces
T80  Boiler
T81  Cement Kiln
T82  Lime Kiln
T83  Aggregate Kiln
T84  Phosphate Kiln
T85  Coke Oven
T86  Blast Furnace
T87  Smelting, Melting, or Refining Furnace
T88  Titanium Dioxide Chloride Process Oxidation Reactor
T89  Methane Reforming Furnace
T90  Pulping Liquor Recovery Furnace
T91  Combustion Device Used in the Recovery of Sulfur Values
     from Spent Sulfuric Acid
T92  Halogen Acid Furnace
T93  Other Industrial Furnaces Listed in 40 CFR 260.10 (specify)
                          (f) Other Treatment
T94  Containment Building (Treatment)
 
3. DISPOSAL
 
D79  Underground injection
D80  Landfill
D81  Land treatment
D82  Ocean disposal
D83  Surface impoundment (to be closed as a landfill)
D99  Other Disposal (specify)

 
4. Miscellaneous
 
X01  Open Burning/Open Detonation
X02  Mechanical Processing
X03  Thermal Unit
X04  Geologic Repository
X99  Other (specify)
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Part 265, Appendix I. 
  
 



Appendix V.
Examples of Potentially Incompatible Waste
 
Many hazardous wastes, when mixed with other waste or materials at a hazardous waste facility, can produce effects which are harmful to human health and the environment, such as (1) heat or pressure, (2) fire or explosion, (3) violent reaction, (4) toxic dusts, mists, fumes, or gases, or (5) flammable fumes or gases.
Below are examples of potentially incompatible wastes, waste components, and materials, along with the harmful consequences which result from mixing materials in one group with materials in another group. The list is intended as a guide to owners or operators of transfer, treatment, storage, and disposal facilities, and to enforcement and permit granting officials, to indicate the need for special precautions when managing these potentially incompatible waste materials or components.
This list is not intended to be exhaustive. An owner or operator shall, as the regulations require, adequately analyze his wastes so that he can avoid creating uncontrolled substances or reactions of the type listed below, whether they are listed below or not.
It is possible for potentially incompatible wastes to be mixed in a way that precludes a reaction (e.g., adding acid to water rather than water to acid) or that neutralizes them (e.g., a strong acid mixed with a strong base), or that controls substances produced (e.g., by generating flammable gases in a closed tank equipped so that ignition cannot occur, and burning the gases in an incinerator).
In the lists below, the mixing of a Group A material with a Group B material may have the potential consequence as noted.

-------------------------------------------------------------------------------
Group 1-A                                           Group 1-B
-------------------------------------------------------------------------------
Acetylene sludge                                    Acid sludge
Akaline caustic liquids                             Acid and water
Alkaline cleaner                                    Battery acid
Alkaline corrosive liquids                          Chemical cleaners
Alkaline corrosive battery fluid  Electrolyte, acid
Caustic wastewater                                  Etching acid liquid
or solvent                                          Pickling liquor and
 Lime sludge and other                              other corrosive acids
corrosive alkalies                                  Spent acid
 Lime wastewater                                    Spent mixed acid
 Lime and water                                     Spent sulfuric acid
Spent caustic
Potential consequences: Heat generation; violent
  reaction.
-------------------------------------------------------------------------------
Group 2-A                                           Group 2-B
-------------------------------------------------------------------------------
Aluminum                                            Any waste in Group 1-A or
                                                      1-B
Beryllium
Calcium
 Lithium
Magnesium
Potassium
Sodium
Zinc powder
Other reactive metals and metal hydrides
Potential consequences: Fire or explosion;
  generation of flammable hydrogen gas.
-------------------------------------------------------------------------------
Group 3-A                                           Group 3-B
-------------------------------------------------------------------------------
Alcohols                                            Any concentrated waste
                                                    in Groups 1-A or 1-B
Water                                               Calcium
                                                    Lithium
  Potassium
                                                    PCl sub3, CH sub3 SiCl sub3
                                                    Metal hydrides
                                                    SO sub2 Cl sub2, SOCl sub2,
                                                    Other water
                                                    reactive waste
Potential consequences: Fire, explosion, or heat
  generation; generation of flammable or toxic
  gases.
-------------------------------------------------------------------------------
Group 4-A                                           Group 4-B
-------------------------------------------------------------------------------
Alcohols  Concentrated Group
                                                    1-A or 1-B wastes
Aldehydes                                           Group 2-A wastes
Halogenated hydrocarbons
Nitrated hydrocarbons
Unsaturated hydrocarbons
Other reactive organic compounds
and solvents
Potential consequences: Fire, explosion, or
  violent reaction.
-------------------------------------------------------------------------------
Group 5-A                                           Group 5-B
-------------------------------------------------------------------------------
Spent cyanide and sulfide solutions                 Group 1-B wastes
Potential consequences: Generation of toxic
  hydrogen cyanide or hydrogen sulfide gas.
-------------------------------------------------------------------------------
Group 6-A                                           Group 6-B
-------------------------------------------------------------------------------
Chlorates                                           Acetic acid and
Chlorine                                            other organic
Chlorites                                           acids
Chromic acid  Concentrated
Hyphochlorites                                      mineral acides
Nitrates                                            Group 2-A wastes
Nitric acid, fuming                                 Group 4-A wastes
Perchlorates                                        Other flammable and
Permanganates  combustible wastes
Peroxides
Other strong oxidizers
-------------------------------------------------------------------------------
Potential consequences: Fire, explosion, or
  violent reaction.
 
Source: "Law, Regulations, and Guidelines for Handling of Hazardous Waste." California Department of Health, February 1975.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 208, 25159 and 25159.5, Health and Safety Code; 40 CFR Part 265, Appendix V. 
  
 



Appendix VI.
Suggested Detection Monitoring Analytes
 
This list is intended as a guide to owners or operators of treatment, storage and disposal facilities, and to enforcement and permit granting officials, to assist in the selection of appropriate monitoring parameters for specification in the water quality sampling and analysis plan. The Department is not requiring that all facilities use this list, but the Department believes that these are the best leak indicators for the majority of units, especially if the unit contains a variety of wastes. This list is called Leak Detection Analytes and is made up of volatile organics, hazardous metals and pH (hydrogen ion).
Investigations by USEPA's Environmental Monitoring Systems Laboratory in Las Vegas, Nevada, and others, have shown that most (as high as 70 percent) of the compounds leaking from RCRA sites are volatile organics. This preponderance of volatiles is not surprising since these compounds would be more likely to move quickly and easily through the environment given their volatility. Therefore, it is logical to conclude that volatile organics would be among the best indicators for early detection of a release.
The rest of the Leak Detection Analytes list is made up of those metals that are amenable to the basic inductively coupled plasma (icp) scan and pH. The metals were chosen because they make up the second most common group of substances that leak from hazardous waste land disposal units, and therefore, are also expected to be excellent leak indicators. pH was chosen because of its all around utility in environmental monitoring and data interpretation. pH was also chosen because of its ability to indicate leaks that otherwise might not be indicated because no single substance has exceeded a detectable level.
Leak Detection Analytes
 
--------------------------------------
 Volatile Organics           Metals
--------------------------------------
Acetone                      Antimony
Acrolein                     Barium
Acrylonitrile                Beryllium
Allyl chloride               Cadmium
Benzene                      Chromium
Bromodichloromethane         Cobalt
Bromoform                    Copper
Carbon disulfide             Lead
Carbon tetracholoride        Nickel
Chlorobenzene                Selenium
Chloroethane                 Thallium
Chloroform                   Vanadium
Chloroprene                  Zinc
Dibromochloromethane
1,2-Dibromo-3-chloropropane
pH
1,2-Dibromoethane
trans-1,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
trans-1,2-Dichloroethylene
1,2-Dichloropropane
trans-1,3-Dichloropropene
cis-1,3-Dichloropropene
Ethyl methacrylate
2-Hexanone
Methacrylonitrile
Methyl bromide
Methyl chloride
Methylene bromide
Methylene chloride
Methyl ethyl ketone
Methyl iodide
Methyl methacrylate
4-Methyl-2-pentanone
Pentachloroethane
2-Picoline
Propionitrile
Pyridine
Styrene
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethylene
Toluene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
Trichlorofluoromethane
1,2,3-Trichloropropane
 Vinyl acetate
 Vinyl chloride
Xylene
--------------------------------------
 
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Part 264, Appendix IX. 
  
 



s 66265.1030. Applicability.
 (a) The requirements of this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66265.1).
(b) Except for Section 66265.1034(d) and (e), this article applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage RCRA hazardous wastes with organic concentrations of at least 10 ppmw, if these operations are conducted in:
(1) units that are subject to the permitting requirements of chapter 20; or
(2) hazardous waste recycling units that are located on hazardous waste management facilities otherwise subject to the federal RCRA TSDF permitting requirements of chapter 20; or
(3) a unit that is exempt from permitting under the provisions of 66262.34(a) (i.e., a "90-day" tank or container) and is not a recycling unit under the requirements of 66261.6.  [NOTE: The requirements of sections 66265.1032 through 66265.1036 apply to process vents on hazardous waste recycling units previously exempt under section 66261.6(c)(1). Other exemptions under sections 66261.4 and 66265.1(c) are not affected by these requirements.]
(c) The requirements of this article do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this article are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Clean Air Act regulation codified under regulations at 40 CFR parts 60, 61, or 63 shall be kept with, or made readily available with, the facility operating record.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1030.




s 66265.1032. Standards: Process Vents.
 (a) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction or air or steam stripping operations managing hazardous wastes with organic concentrations at least 10 ppmw shall either:
(1) reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 1b/h) and 2.8 Mg/yr (3.1 tons/yr); or
(2) reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.
(b) If the owner or operator installs a closed-vent system and control device to comply with the provisions of Subsection (a) of this section, the closed-vent system and control device shall meet the requirements of Section 66265.1033.
(c) Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests shall conform with the requirements of Section 66265.1034(c).
(d) When an owner or operator and the Department do not agree on determinations of vent emissions and/or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the test methods in Section 66265.1034(c) shall be used to resolve the disagreement.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1032. 
  
 



s 66265.1033. Standards: Closed-Vent Systems and Control Devices.
 (a)(1) Owners or operators of closed-vent systems and control devices used to comply with provisions of this chapter shall comply with the provisions of this section.
(2)(A) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this article on the effective date that the facility becomes subject to the requirements of this article must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this article for installation and startup.
(B) Any unit that begins operation after December 21, 1990, and is subject to the requirements of this article when operation begins, shall comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.
(C) The owner or operator of any facility in existence on the effective date of a statutory or Department regulatory amendment that renders the facility subject to this article shall comply with all requirements of this article as soon as practicable but no later than 30 months after the amendment's effective date. When control equipment required by this article cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this article. The owner or operator shall enter the implementation schedule in the operating record or in a permanent, readily available file located at the facility.
(D) Owners and operators of facilities and units that become newly subject to the requirements of this article after December 8, 1997, due to an action other than those described in subsection (a)(2)(C) of this section must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this article; the 30-month implementation schedule does not apply).
(b) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of Section 66265.1032(a)(1) for all affected process vents can be attained at an efficiency less than 95 weight percent.
(c) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reduce the organic emissions vented to it by 95 weight percent or greater; to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to three percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 degrees C. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame combustion zone of the boiler or process heater.
(d)(1) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in subsection (3)(1) of this section, except for periods not to exceed a total of five minutes during any two consecutive hours.
(2) A flare shall be operated with a flame present at all times, as determined by the methods specified in subsection (f)(2)(C) of this section.
(3) a flare shall be used only if the net heating value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is non-assisted. The net heating value of the gas being combusted shall be determined by the methods specified in subsection (e)(2) of this section.
(4)(A) A steam-assisted or non-assisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, of less than 18.3 m/s (60 ft/s), except as provided in subsections (d)(4)(B) and (C) of this section.
(B) A steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
(C) a steam-assisted or non-assisted flare designed for and operated with an exit velocity, as determined by the methods specified in subsection (e)(3) of this section, less than the velocity, V MAX, as determined by the method specified in subsection (e)(4) of this section, and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, V MAX, as determined by the method specified in subsection (e)(5) of this section.
(6) A flare used to comply with this section shall be steam- assisted, air-assisted, or non-assisted.
(e)(1) Reference Method 22 in 40 CFR, Part 60 shall be used to determine the compliance of a flare with the visible emission provisions of this article. The observation period is two hours and shall be used according to Method 22.
(2) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:
 n
Ht = K [<<SIGMA>> Ci Hi]
 i=1
where:
Ht  =  Net heating value of the sample, MJ/scm; where the net enthalpy per mole of off-gas is based on combustion at 25 degrees C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20 degrees C;
K =  Constant, 1.74 X 10 -7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for (g mol/scm) is 20 degrees C;
Ci  =  Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR, Part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (incorporated by reference as specified in Section 66260.11); and
Hi =  Net heat of combustion of sample component i, kcal/g mol at 25 degrees C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (incorporated by reference as specified in Section 66260.11) if published values are not available or cannot be calculated.
(3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR, Part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, Vmax, for a flare complying with subsection (d)(4)(C) of this section shall be determined by the following equation:
 Log10 (Vmax) = (Ht  + 28.8)/31.7
where:
Ht  =  The net heating value as determined in subsection (e)(2) of this section.
28.8 =  Constant.
31.7 =  Constant.
(5) The maximum allowed velocity in m/s, Vmax , for an air- assisted flare shall be determined by the following equation:
 Vmax =   8.706 + 0.7084 (Ht)
where:
8.706 =  Constant.
0.7084 =  Constant.
Ht  =  The net heating value as determined in subsection (e)(2) of this section.
(f) The owner or operator shall monitor and inspect each control device required to comply with this section to ensure proper operation and maintenance of the control device by implementing the following requirements:
(1) install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet, but before being combined with other vent streams;
(2) install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:
(A) for a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone;
(B) for a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet;
(C) for a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame;
(D) for a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of +/- 1 percent of the temperature being monitored in degrees C or +/- 0.5 degrees C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone;
(E) for a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used;
(F) for a condenser, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the condenser; or
2. a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of + 1 percent of the temperature being monitored in degrees Celsius (<<super>>o C) or + 0.5 <<super>>o C, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser exit (i.e., product side).
(G) for a  carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly in the control device, either:
1. a monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed; or
2. a monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle;
(3) inspect the readings from each monitoring device required by subsections  (f)(1) and (2) of this section at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this section.
(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device, shall replace the existing carbon in the control device with fresh carbon at a regular, pre-determined time interval that is no longer than the carbon service life established as a requirement of Section 66265.1035(b)(4)(C)6.
(h) An owner or operator using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device shall replace the existing carbon in the carbon device with fresh carbon on a regular basis by using one of the following procedures:
(1) monitor the concentration level of the organic compounds in the exhaust vent system from the carbon adsorption system on a regular schedule and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than twenty (20) percent of the time required to consume the total carbon working capacity established as a requirement of Section 66265.1035(b)(4)(C)7, whichever is longer; and
(2) replace the existing carbon with fresh carbon at a regular, pre-determined time interval that is less than the design carbon replacement interval established as a requirement of Section 66265.1035(b)(4)(C)7.
(i) An owner or operator of an affected facility seeking to comply with the provisions of this part by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system shall develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.
(j) A closed-vent system shall meet either of the following design requirements:
(1) A closed-vent system shall be designed to operate with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background as determined by the procedure in section 66265.1034(b), and by visual inspections; or
(2) A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating.
(k) The owner or operator shall monitor and inspect each closed-vent system required to comply with this section to ensure proper operation and maintenance of the closed-vent system by implementing the following requirements:
(1) Each closed-vent system that is used to comply with subsection (j)(1) of this section shall be inspected and monitored in accordance with the following requirements:
(A) An initial leak detection monitoring of the closed-vent system shall be conducted by the owner or operator on or before the date that the system becomes subject to this section. The owner or operator shall monitor the closed-vent system components and connections using the procedures specified in section 66265.1034(b) to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background.
(B) After initial leak detection monitoring required in subsection (k)(1)(A) of this section, the owner or operator shall inspect and monitor the closed-vent system as follows:
1. Closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air pollutant emissions. The owner or operator shall monitor a component or connection using the procedures specified in section 66265.1034(b) to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).
2. Closed-vent system components or connections other than those specified in subsection (k)(1)(B)1. of this section shall be monitored annually and at other times as requested by the Department, except as provided for in subsection (n) of this section, using the procedures specified in section 265.1034(b) of this article to demonstrate that the components or connections operate with no detectable emissions.
(C) In the event that a defect or leak is detected, the owner or operator shall repair the defect or leak in accordance with the requirements of subsection (k)(3) of this section.
(D) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in section 66265.1035.
(2) Each closed-vent system that is used to comply with subsection (j)(2) of this section shall be inspected and monitored in accordance with the following requirements:
(A) The closed-vent system shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork or piping or loose connections.
(B) The owner or operator shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year.
(C) In the event that a defect or leak is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k)(3) of this section.
(D) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in section 66265.1035.
(3) The owner or operator shall repair all detected defects as follows:
(A) Detectable emissions, as indicated by visual inspection, or by an instrument reading greater than 500 ppmv above background, shall be controlled as soon as practicable, but not later than 15 calendar days after the emission is detected, except as provided for in subsection (k)(3)(C) of this section.
(B) A first attempt at repair shall be made no later than 5 calendar days after the emission is detected.
(C) Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown.
(D) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in section 66265.1035.
(l) Closed-vent systems and control devices used to comply with provisions of this article shall be operated at all times when emissions may be vented to them.
(m) The owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal treatment unit that meets one of the following:
(A) The owner or operator of the unit has been issued a final permit under chapter 20 which implements the requirements of chapter 14, article 16; or
(B) The unit is equipped with and operating air emission controls in accordance with the applicable requirements of articles 27 and 30 of either this article or of chapter 14; or
(C) The unit is equipped with and operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
(2) Incinerated in a hazardous waste incinerator for which the owner or operator either:
(A) Has been issued a final permit under chapter 20 which implements the requirements of chapter 14, article 15; or
(B) Has designed and operates the incinerator in accordance with the interim status requirements of article 15 of this chapter.
(3) Burned in a boiler or industrial furnace for which the owner or operator either:
(A) Has been issued a final permit under chapter 20 which implements the requirements of chapter 16, article 8; or
(B) Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of chapter 16, article 8.
(n) Any components of a closed-vent system that are designated, as described in section 66265.1035(c)(9), as unsafe to monitor are exempt from the requirements of subsection (k)(1)(B)2. of this section if:
(1) The owner or operator of the closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subsection (k)(1)(B)2. of this section; and
(2) The owner or operator of the closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in subsection (k)(1)(B)2. of this section as frequently as practicable during safe-to-monitor times.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1033.




s 66265.1034. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods and procedures requirements provided in this section.
(b) When a closed-vent system is tested for compliance with the "no detectable emissions", requirements in Section 66265.1033(k), the test shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60;
(2) the detection instrument shall meet the performance criteria of Reference Method 21;
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21;
(4) calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air);
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane;
(5) the background level shall be determined as set forth in Reference Method 21;
(6) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21; and
(7) the arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.
(c) Performance tests to determine compliance with Section 66265.1032(a) and with the total organic compound concentration limit of Section 66265.1033(c) shall comply with the following:
(1) performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(A) method 2 in 40 CFR, Part 60, incorporated by reference in Section 66260.11 of this chapter, for velocity and volumetric flow rate;
(B) method 18 in 40 CFR, Part 60, incorporated by reference in Section 66260.11 of this division, for organic content;
(C) each performance test shall consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis;
(D) total organic mass flow rates shall be determined by the following equation:
 n
Eh = Qsd   [R  Ci MWi] [0.0416] [10<<super>>-6]
 i=1
where:
Eh  =  Total organic mass flow rate, kg/h;
Qsd =  Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dry standard m<<super>>3  /hour;
n=  Number of organic compounds in the vent gas;
Ci  =   Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;
MWi  =   Molecular weight of organic compound in the vent gas, kg/kg- mol;
0.0416=   Conversion factor for molar volume, kg-mol/m<<super>>3 (at 293 K and 760 mm Hg);
10<<super>>-6 = Conversion from ppm, ppm<<super>>-1.
(E) the annual total organic emission rate shall be determined by the following equation:
EA  =  (Eh) (H)
where:
EA =   Total organic mass emission rate, kg/y;
Eh  =  As determined in paragraph (c)(1)(D) of this section;
H=   Total annual hours of operations for the affected unit, h.
(F) total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass flow rates (Eh, as determined in subsection (c)(1)(D) of this section) and by summing the annual total organic mass emission rates (EA, as determined in paragraph (c)(1)(E) of this section for all affected process vents at the facility; and
(2) the owner or operator shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test;
(3) the owner or operator of an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(A) sampling ports adequate for the test methods specified in subsection (c)(1) of this section.
(B) safe sampling platform(s);
(C) safe access to sampling platform(s); and
(D) utilities for sampling and testing equipment; and
(4) for the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the same train, extreme meteorological conditions, or other circumstances beyond the owner's or operator's control, compliance may, upon the Department's written approval, be determined using the average of the results of the two other runs.
(d) To show that a process vent associated with a hazardous waste distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this article, the owner or operator shall make an initial determination that the time-weighted, annual average total organic concentration of the waste managed by the waste management unit is less than 10 ppmw using one of the following two methods:
(1) direct measurement of the organic concentration of the waste using the following procedures:
(A) the owner or operator shall take a minimum of four grab samples of waste for each waste stream managed in the affected unit under process conditions expected to cause the maximum waste organic concentration;
(B) for waste generated on-site, the grab samples shall be collected at a point before the waste is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the waste after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For waste generated offsite, the grab samples shall be collected at the inlet to the first waste management unit that receives the waste, provided the waste has been transferred to the facility in a closed system such as a tank truck and the waste is not diluted or mixed with other waste;
(C) each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060 or 8260 of SW-846 (incorporated by reference under Section 66260.11); and
(D) the arithmetic mean of the results of the analyses of the four samples shall apply for each waste stream managed in the unit in determining the time-weighted, annual average total organic concentration of the waste. The time-weighted average shall be calculated using the annual quantity of each waste stream processed and the mean organic concentration of each waste stream managed in the unit;
(2) use of knowledge of the waste to determine that its total organic concentration is less than 10 ppmw. Documentation of the waste determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a waste stream having a total organic content less than 10 ppmw, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the waste total organic concentration.
(e) The determination that distillation, fractionation, thin- film evaporation, solvent extraction, or air or steam stripping operations manage hazardous wastes with time-weighted annual average total organic concentrations less than 10 ppmw shall be made as follows:
(1) by the effective date that the facility becomes subject to the provisions of this article or by the date when the waste is first managed in a waste management unit, whichever is later; and
(A) for continuously generated waste, annually; or
(B) whenever there is a change in the waste being managed or a change in the process that generates or treats the waste.
(f) When an owner or operator and the Department do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous waste with organic concentrations of at least 10 ppmw based on knowledge of the waste, the procedures in Method 8260 of SW-846 (incorporated by reference under section 66260.11) shall be used to resolve the dispute.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1034.




s 66265.1035. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record or include the following information in the facility operating record:
(1) for facilities that comply with the provisions of Section 66265.1033(a)(2), an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule shall also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule shall be in the facility operating record by the effective date that the facility becomes subject to the provisions of this article;
(2) up-to-date documentation of compliance with the process vent standards in Section 66265.1032. including:
(A) information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan); and
(B) information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions shall be made using operating parameter values (e.g., temperatures, flow rates or vent stream organic compounds and concentrations) that represent the conditions that result in maximum organic emissions, such as when the waste management unit is operating at the highest load or capacity level reasonably expected to occur. If the owner or operator takes any action (e.g., managing a waste of different composition or increasing operating hours of affected waste management units) that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is required.
(3) Where an owner or operator chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan. The test plan shall include:
(A) a description of how it is determined that the planned test is going to be conducted when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design acceptable operating ranges of key process and control device parameters during the test program;
(B) a detailed engineering description of the closed-vent system and control device including:
1. manufacturer's name and model number of control device;
2. type of control device;
3. dimensions of the control device;
4. capacity;
5. construction materials; and
(C) a detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of compliance with Section 66265.1033. Documentation shall include the following information:
(A) a list of all information references and sources used in preparing the documentation;
(B) records, including the dates of each compliance test required by Section 66265.1033(j);
(C) if engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts acceptable to the Department that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with subsections (b)(4)(C)1 through (b)(4)(C)7 of this section shall be required to be submitted to the Department to comply with this requirement. The design analysis shall address the vent stream characteristics and control device operation parameters as specified below:
1. for a thermal vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperature in the combustion zone and the combustion zone residence time;
2. for a catalytic vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet;
3. for a boiler or process heater, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone;
4. for a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in Section 66265.1033(d).
5. for a condenser, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and design average temperatures of the coolant fluid at the condenser inlet and outlet;
6. for a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total steam flow over the period of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and cooling/drying cycles, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon; and
7. for a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly on-site in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule; and
(D) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur;
(E) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of Section 66265.1032(a) is achieved at an efficiency less than 95 weight percent or the total organic emission limits of Section 66265.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement signed and dated by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement; and
(F) if performance tests are used to demonstrate compliance, all test results.
(c) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of this chapter shall be recorded and kept up-to-date in the facility operating record. The information shall include:
(1) description and date of each modification that is made to the closed-vent system or control device design;
(2) identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with Section 66265.1033(f)(1) and (f)(2);
(3) monitoring, operating and inspection information required by subsections  (f) through (k) of Section 66265.1033;
(4) date, time, and duration of each period of control device operation when any monitored parameter exceeds the value established in the control device design analysis as specified below:
(A) for a thermal vapor incinerator designed to operate with a minimum residence time of 0.50 seconds at a minimum temperature of 760 degrees C, period when the combustion temperature is below 760 degrees C;
(B) for a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 percent or greater, period when the combustion zone temperature is more than 28 degrees C below the design average combustion zone temperature established as a requirement of subsection (b)(4)(C)1 of this section;
(C) for a catalytic vapor incinerator, period when:
1. temperature of the vent stream at the catalyst bed inlet is more than 28 degrees C below the average temperature of the inlet vent stream established as a requirement of subsection (b)(4)(C)2 of this section; or
2. temperature difference across the catalyst bed is less than eighty (80) percent of the design average temperature difference established as a requirement of subsection (b)(4)(C)2 of this section; and
(D) for a boiler or process heater, period when:
1. flame zone temperature is more than 28 degrees C below the design average flame zone temperature established as a requirement of subsection (b)(4)(C)3 of this section; or
2. position changes where the vent stream is introduced to the combustion zone from the location established as a requirement of subsection (b)(4)(C)3 of this section;
(E) for a flare, period when the pilot flame is not ignited;
(F) for a condenser that complies with Section 66265.1033(f)(2)(F)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the condenser are more than twenty (20) percent greater than the design outlet organic compound concentration level established as a requirement of subsection (b)(4)(C)5 of this section;
(G) for a condenser that complies with Section 66265.1033(f)(2)(F)2, period when:
1. temperature of the exhaust vent stream from the condenser is more than 6 degrees C above the design average exhaust vent stream temperature established as a requirement of subsection (b)(4)(C)5 of this section; or
2. temperature of the coolant fluid exiting the condenser is more than 6 degrees C above the design average coolant fluid temperature at the condenser outlet established as a requirement of subsection (b)(4)(C)5 of this section;
(H) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66265.1033(f)(2)(G)1, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the carbon exhaust vent stream organic compound concentration level established as a requirement of subsection (b)(4)(C)6 of this section;
(I) for a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with Section 66265.1033(f)(2)(G)2, period when the vent stream continues to flow through the control device beyond the predetermined carbon bed regeneration time established as a requirement of subsection (b)(4)(C)6 of this section;
(5) explanation for each period recorded under subsection (c)(4) of this section of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation;
(6) for carbon adsorption systems operated subject to requirements specified in Section 66265.1033(g) or Section 66265.1033(h)(2), date when existing carbon in the control device is replaced with fresh carbon;
(7) for carbon adsorption systems operated subject to requirements specified in Section 66265.1033(h)(1), a log that records:
(A) date and time when control device is monitored for carbon breakthrough and the monitoring device reading;
(B) date when existing carbon in the control device is replaced with fresh carbon;
(8) date of each control device startup and shutdown;
(9) An owner or operator designating any components of a closed-vent system as unsafe to monitor pursuant to section 66265.1033(n) shall record in a log that is kept in the facility operating record the identification of closed-vent system components that are designated as unsafe to monitor in accordance with the requirements of section 66265.1033(n), an explanation for each closed-vent system component stating why the closed-vent system component is unsafe to monitor, and the plan for monitoring each closed-vent system component.
(10) when each leak is detected as specified in section 66265.1033(k), the following information shall be recorded:
(A) the instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number;
(B) the date the leak was detected and the date of first attempt to repair the leak;
(C) the date of successful repair of the leak.
(D) maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A after it is successfully repaired or determined to be nonrepairable.
(E) "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
1. the owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.
2. if delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.
(d) Records of the monitoring, operating, and inspection information required by subsections (c)(3) through (c)(10) of this section shall be maintained by the owner or operator for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record.
(e) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, monitoring and inspection information indicating proper operation and maintenance of the control device must be recorded in the facility operating record.
(f) Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in Section 66265.1032, including supporting documentation as required by Section 66265.1034(d)(2) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used, shall be recorded in a log that is kept in the facility operating record.
NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1035.




s 66265.1050. Applicability.
 (a) The regulations in this article apply to owners and operators of facilities that treat, store, or dispose of RCRA hazardous wastes (except as provided in Section 66265.1).
(b) Except as provided in Section 66265.1064(k), this article applies to equipment that contains or contacts RCRA hazardous wastes with organic concentrations of at least ten percent by weight that are managed in:
(1) a unit that is subject to the permitting requirements of chapter 20, or
(2) a unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of section 66262.34(a) (i.e., a hazardous waste recycling unit that is not a "90-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of chapter 20, or
(3) a unit that is exempt from permitting under the provisions of 66262.34(a) (i.e., a "90-day" tank or container) and is not a recycling unit under the provisions of section 66261.6.
(c) Each piece of equipment to which this article applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.
(d) Equipment that is in vacuum service is excluded from the requirements of Section 66265.1052 through Section 66265.1060 if it is identified as required in Section 66265.1064(g)(5).
(e) Equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of sections 66265.1052 through 66265.1060 if it is identified, as required in section 66265.1064(g)(6).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR, Section 265.1050. 
  
 



s 66265.1052. Standards: Pumps in Light Liquid Service.
 (a)(1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66265.1063(b), except as provided in subsections (d), (e), and (f) of this section.
(2) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.
(b)(1) If an instrument reading of 10,000 or greater is measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than 24 hours after each leak is detected.
(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of subsection (a), provided the following requirements are met:
(1) each dual mechanical seal system shall be:
(A) operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure; or
(B) equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of Section 66265.1060; or
(C) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.
(2) The barrier fluid system shall not be a hazardous waste with organic concentrations ten percent or greater by weight.
(3) Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, the barrier fluid system or both.
(4) Each pump shall be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.
(5)(A) Each sensor as described in subsection (d)(3) of this section shall be checked daily or be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly.
(B) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(6)(A) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in subsection (d)(5)(B) of this section, a leak is detected.
(B) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(C) A first attempt at repair (e.g., relapping the seal) shall be made no later than 24 hours after each leak is detected.
(e) Any pump that is designated, as described in Section 66265.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a), (c), and (d) of this section if the pump meets the following requirements:
(1) the pump shall have no externally actuated shaft penetrating the pump housing;
(2) the pump shall operate with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background as measured by the methods specified in Section 66265.1063(c);
(3) the pump shall be tested for compliance with subsection (e)(2) of this section initially upon designation, annually, and at other times as required by the Department.
(f) if any pump is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of Section 66265.1060, it is exempt from the requirements of subsections (a) through (e) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1052. 
  

 



s 66265.1053. Standards: Compressors.
 (a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in subsections (h) and (i) of this section.
(b) Each compressor seal system as required in subsection (a) of this section shall be:
(1) operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure; or
(2) equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of Section 66265.1060; or
(3) equipped with a system that purges the barrier fluid into a hazardous waste stream with no detectable emissions to the atmosphere.
(c) The barrier fluid shall not be a hazardous waste with organic concentrations ten percent or greater by weight.
(d) Each barrier fluid system as described in subsections (a) through (c) of this section shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.
(e)(1) Each sensor as required in subsection (d) of this section shall be checked daily or shall be equipped with an audible alarm that shall be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unstaffed plant site, in which case the sensor shall be checked daily.
(2) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system or both.
(f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under subsection (e)(2) of this section, a leak is detected.
(g)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(h) A compressor is exempt from the requirements of subsections (a) and (b) of this section if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of Section 66265.1060, except as provided in subsection (i) of this section.
(i) Any compressor that is designated, as described in Section 66265.1064(g)(2), for no detectable emission as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsections (a) through (h) of this section if the compressor:
(1) is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66265.1063(c); and
(2) is tested for compliance with subsection (i)(1) of this section initially upon designation, annually, and at any other time as requested by the Department upon a determination by the Department that testing for compliance is necessary to protect human health or the environment.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1053. 
  
 



s 66265.1054. Standards: Pressure Relief Devices in Gas/Vapor Service.
 (a) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66265.1063(c).
(b)(1) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than 24 hours after each pressure release, except as provided in Section 66265.1059.
(2) No later than 24 hours after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in Section 66265.1063(c).
(c) Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device as described in Section 66265.1060 is exempt from the requirements of subsections (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1054. 
  
 



s 66265.1055. Standards: Sampling Connecting Systems.
 (a) Each sampling connection system shall be equipped with a closed-purge system or closed-vent system.
(b) Each closed-purge system or closed-vent system as required in subsection  (a) shall:
(1) return the purged hazardous waste stream directly to the hazardous waste management process line with no detectable emissions to atmosphere; or
(2) collect and recycle the purged hazardous waste stream with no detectable emissions to atmosphere; or
(3) be designed and operated to capture and transport all the purged hazardous waste stream to a control device that complies with the requirements of Section 66265.1060.
(c) In situ sampling systems are exempt from the requirements of subsections  (a) and (b) of this section.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1055. 
  
 



s 66265.1056. Standards: Open-ended Valves or Lines.
 (a)(1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.
(2) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through the open-ended valve or line.
(b) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the hazardous waste stream end is closed before the second valve is closed.
(c) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with subsection (a) of this section at all other times.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1056. 
  
 



s 66265.1057. Standards: Valves in Gas/Vapor Service or in Light Liquid Service.
 (a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in Section 66265.1063(b) except when in compliance with subsections (c) and shall comply with (d) and (e) of this section, except as provided in subsections (f), (g), and (h) of this section and Sections 66265.1061 and 66265.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) Any valve for which a leak is not detected for two successive months shall be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.
(d)(1) When a leak is detected, the valve shall be repaired as soon as practicable, but no later than fifteen (15) calendar days after the leak is detected, except as provided in Section 66265.1059.
(2) A first attempt at repair shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(e) First attempts at repair include, but are not limited to, the following best practices where practicable:
(1) tightening of bonnet bolts;
(2) replacements of bonnet bolts;
(3) tightening of packing gland nuts; and
(4) inspection of lubricant into lubricated packing.
(f) Any valve that is designated, as described in Section 66265.1064(g)(2), for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of subsection (a) of this section if the valve:
(1) has no external actuating mechanism in contact with the hazardous waste stream;
(2) is operated with emissions less than 500 ppm above background as determined by the method specified in Section 66265.1063(c); and
(3) is tested for compliance with subsection (f)(2) of this section initially upon designation, annually, and at other times as requested by the Department.
(g) Any valve that is designated, as described in Section 66265.1064(h)(1), as an unsafe-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines (written explanation in the operating record) that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subsection (a) of this section; and
(2) the owner or operator of the valve adheres to a written plan that requires monitoring of the valve as frequently as practicable.
(h) Any valve that is designated, as described in Section 66265.1064(h)(2), as a difficult-to-monitor valve is exempt from the requirements of subsection (a) of this section if:
(1) the owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than two meters above a support surface; and
(2) the hazardous waste management unit within which the valve is located was in operation before effective date of this regulation; and
(3) the owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1057. 
  
 



s 66265.1058. Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors.
 (a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within five days by the method specified in Section 66265.1063(b) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than fifteen (15) calendar days after it is detected, except as provided in Section 66265.1059.
(2) The first attempt at repair shall be made as soon as possible, to minimize escape of hazardous constituents to the environment, but no later than 24 hours after each leak is detected.
(d) First attempts at repair include, but are not limited to, the best practices described under Section 66265.1057(e).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1058. 
  
 



s 66265.1059. Standards: Delay of Repair.
 (a) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste management unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous waste management unit and that does not continue to contain or contact hazardous waste with organic concentrations at least ten percent by weight.
(c) Delay of repair for valves will be allowed if:
(1) The owner or operator determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair; and
(2) When repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with Section 66265.1060.
(d) Delay or repair for pumps will be allowed if:
(1) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system; and
(2) Repair is completed as soon as practicable, but not later than six months after the leak was detected.
(e) Delay of repair beyond a hazardous waste management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous waste management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous waste management unit shutdown will not be allowed unless the next hazardous waste management unit shutdown occurs sooner than six months after the first hazardous waste management unit shutdown.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1059. 
  
 



s 66265.1060. Standards: Closed-vent Systems and Control Devices.
The owners or operators of closed-vent systems and control devices shall comply with the provisions of Section 66265.1033.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1060. 
  
 



s 66265.1061. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Percentage of Valves Allowed to Leak.
 (a)  An owner or operator subject to the requirements of Section 66265.1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard which allows no greater than two percent of the valves to leak.
(b) The following requirements shall be met if an owner or operator decides to comply with an alternative standard which allows two percent of the valves to leak:
(1) the owner or operator shall notify the Department that the owner or operator has elected to comply with the requirements of this section;
(2) a performance test as specified in subsection (c) of this section shall be conducted initially upon designation, annually, and at any other time required by the Department upon a determination by the Department that a performance test is necessary to protect human health or the environment; and
(3) if a valve leak is detected, it shall be repaired in accordance with Sections 66265.1057(d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) all valves subject to the requirements in Section 66265.1057 within the hazardous waste management unit shall be monitored within a one week period by the methods specified in Section 66265.1063(b);
(2) if an instrument reading of 10,000 ppm or greater is measured, a leak is detected; and
(3) the leak percentage shall be determined by dividing the number of valves subject to the requirements in Section 66265.1057 for which leaks are detected by the total number of valves subject to the requirements in Section 66265.1057 within the hazardous waste management unit.
(d) If an owner or operator decides no longer to comply with this section, the owner or operator shall notify the Department in writing that the work practice standard described in Section 66265.1057(a) through (e) will be followed.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1061. 
  
 



s 66265.1062. Alternative Standards for Valves in Gas/Vapor Service or in Light Liquid Service: Skip Period Leak Detection and Repair.
 (a)(1) An owner or operator subject to the requirements of Section 66265.1057 shall elect for all valves within a hazardous waste manage ment unit to comply with one of the alternative work practices specified in subsection (b)(2) and (3) of this section.
(2) An owner or operator shall notify the Department before implementing one of the alternative work practices.
(b)(1) An owner or operator shall comply with the requirements for valves, as described in Section 66265.1057, except as described in subsections (b)(2) and (b)(3) of this section.
(2) After two consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip one of the quarterly leak detection periods for the valves subject to the requirements in Section 66265.1057.
(3) After five consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, an owner or operator may begin to skip three of the quarterly leak detection periods for the valves subject to the requirements in Section 66265.1057.
(4) If the percentage of valves leaking is greater than 2 percent, the owner or operator shall monitor all valves monthly in compliance with the requirements in Section 66265.1057, but may again elect to use this section after meeting the requirements of Section 66265.1057(c)(1).
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1062. 
  
 



s 66265.1063. Test Methods and Procedures.
 (a) Each owner or operator subject to the provisions of this article shall comply with the test methods and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in Sections 66265.1052 through 66265.1062, shall comply with the following requirements:
(1) monitoring shall comply with Reference Method 21 in 40 CFR, part 60, incorporated by reference in Section 66260.11 of this chapter.
(2) the detection instrument shall meet the performance criteria of Reference Method 21.
(3) the instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21;
(4) Calibration gases shall be:
(A) zero air (less than 10 ppm of hydrocarbon in air);
(B) a mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
(5) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
(c) When equipment is tested for compliance with no detectable emissions, as required in Sections 66265.1052(e), 66265.1053(i), 66265.1054, and 66265.1057(f), the test shall comply with the following requirements:
(1) the requirements of subsections (b)(1) through (4) of this section shall apply;
(2) the background level shall be determined, as set forth in Reference Method 21;
(3) the instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21; and
(4) the arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 ppm for determining compliance.
(d) In accordance with the waste analysis plan required by Section 66265.13(b), an owner or operator of a facility shall determine, for each piece of equipment, whether the equipment contains or contacts a hazardous waste with organic concentration that equals or exceeds 10 percent by weight using the following:
(1) methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85  (incorporated by reference under Section 260.11);
(2) method 9060 or 8260 of SW-846 (incorporated by reference under Section 66260.11); or
(3) application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced. Documentation of a waste determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the waste is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than 10 percent, or prior speciation analysis results on the same waste stream where it can also be documented that no process changes have occurred since that analysis that could affect the total organic concentration of the  waste.
(e) If an owner or operator determines that a piece of equipment contains or contacts a hazardous waste with organic concentration at least 10 percent by weight, the determination can be revised only after following the procedures in subsection (d)(1) or (d)(2) of this section.
(f) When an owner or operator and the Department do not agree on whether a piece of equipment contains or contacts a hazardous waste with organic concentrations at least 10 percent by weight, the procedures in subsection (d)(1) or (d)(2) of this section shall be used to resolve the dispute.
(g) Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous waste that is expected to be contained in or contact the equipment.
(h) To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM  D-2879-86 (incorporated by reference under Section 260.11).
(i) Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of Section 66265.1034(c)(1) through (c)(4).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1063. 
  
 



s 66265.1064. Recordkeeping Requirements.
 (a)(1) Each owner or operator subject to the provisions of this article shall comply with the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this article may comply with the recordkeeping requirements for these hazardous waste management units in one recordkeeping system if the system identifies each record by each hazardous waste management unit.
(b) Owners and operators shall record the following information in the facility operating record:
(1) for each piece of equipment to which this article applies:
(A) equipment identification number and hazardous waste management unit identification;
(B) approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);
(C) type of equipment (e.g., a pump or pipeline valve);
(D) percent-by-weight total organics in the hazardous waste stream at the equipment;
(E) hazardous waste state at the equipment (e.g., gas/vapor or liquid);
(F) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals");
(2) for facilities that comply with the provisions of Section 66265.1033(a)(2), an implementation schedule as specified in Section 66265.1033(a)(2);
(3) an owner or operator who chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, shall record a performance test plan as specified in Section 66265.1035(b)(3); and
(4) Documentation of compliance with Section 66265.1060, including the detailed design documentation or performance test results specified in Section 66265.1035(b)(4).
(c) When each leak is detected as specified in Sections 66265.1052, 66265.1053, 66265.1057, and 66265.1058, the following requirements apply:
(1) a weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with Section 66265.1058(a), and the date the leak was detected, shall be attached to the leaking equipment;
(2) the identification on equipment, except on a valve, may be removed after it has been repaired; and
(3) the identification on a valve may be removed after it has been monitored for 2 successive months as specified in Section 66265.1057(c) and no leak has been detected during those 2 months.
(d) When each leak is detected as specified in Sections 66265.1052, 66265.1053, 66265.1057, and 66265.1058, the following information shall be recorded in an inspection log and shall be kept in the facility operating record:
(1) the instrument and operator identification number and the equipment identification number;
(2) the date evidence of a potential leak was found in accordance with Section 66265.1058(a);
(3) the date the leak was detected and the date of each attempt to repair the leak;
(4) repair methods applied in each attempt to repair the leak;
(5) "above 10,000" if the maximum instrument reading measured by the methods specified in Section 66265.1063(b) after each repair attempt is equal to or greater than 10,000 ppm;
(6) "repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak;
(7) source of documentation supporting the delay of repair of a valve in compliance with Section 66265.1059(c);
(8) name and the signature of the owner or operator (or designee) whose decision it was that repair could not be effected without a hazardous waste management unit shutdown;
(9) the expected date of successful repair of the leak if a leak is not repaired within 15 calendar days; and
(10) the date of successful repair of the leak.
(e) Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of Section 66265.1060 shall be recorded and kept up-to-date in the facility operating record as specified in Section 66265.1035(c). Design documentation is specified in Section 66265.1035(c)(1) and (c)(2) and monitoring, operating, and inspection information is specified in Section 66265.1035(c)(3)-(c)(8).
(f) For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, monitoring and  inspection information indicating proper operation and  maintenance of the control device must be recorded in the facility operating record.
(g) The following information pertaining to all equipment subject to the requirements in Sections 66265.1052 through 66265.1060 shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for equipment (except welded fittings) subject to the requirements of this article;
(2)(A) a list of identification numbers for equipment that the owner or operator elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions of Sections 66265.1052(e), 66265.1053(i), and 66265.1057(f);
(B) the designation of this equipment as subject to the requirements of Sections 66265.1052(e), 66265.1053(i), or 66265.1057(f) shall be signed by the owner or operator;
(3) a list of equipment identification numbers for pressure relief devices required to comply with Section 66265.1054(a);
(4)(A) the dates of each compliance test required in Sections 66265.1052(e), 66265.1053(i), 66265.1054, and 66265.1057(f);
(B) the background level measured during each compliance test;
(C) the maximum instrument reading measured at the equipment during each compliance test; and
(5) a list of identification numbers for equipment in vacuum service.
(h) The following information pertaining to all valves subject to the requirements of Section 66265.1057(g) and (h) shall be recorded in a log that is kept in the facility operating record:
(1) a list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve; and
(2) a list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.
(i) The following information shall be recorded in the facility operating record for valves complying with Section 66265.1062:
(1) a schedule of monitoring; and
(2) the percent of valves found leaking during each monitoring period.
(j) The following information shall be recorded in a log that is kept in the facility operating record:
(1) criteria required in Sections 66265.1052(d)(5)(A) and 66265.1053(e)(2) and an explanation of the criteria; and
(2) any changes to these criteria and the reasons for the changes.
(k) The following information shall be recorded in  a log that is kept in the facility operating record for use in determining exemptions as provided in the applicability section of this article and other specific articles:
(1) an analysis determining the design capacity of the hazardous waste management unit;
(2) a statement listing the hazardous waste influent to and effluent from each hazardous waste management unit subject to the requirements in Sections 66265.1052 through 66265.1060 and an analysis determining whether these hazardous wastes are heavy liquids; and
(3) an up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in Sections 66265.1052 through 66265.1060. The record shall include supporting documentation as required by Section 66265.1063(d)(3) when application of the knowledge of the nature of the hazardous waste stream or the process by which it was produced is used. If the owner or operator takes any action (e.g., changing the process that produced the waste) that could result in an increase in the total organic content of the waste contained in or contacted by equipment determined not to be subject to the requirements in Sections 66265.1052 through 66265.1060, then a new determination is required.
(l) Records of the equipment leak information required by subsection (d) of this section and the operating information required by subsection (e) of this section shall be kept 3 years.
(m) The owner or operator or any facility that is subject to this article and to regulations at 40 CFR part 60, article VV, or 40 CFR Part 61, Subpart V, may elect to determine compliance with this article  by documentation either pursuant to Section 66265.1064, or pursuant to those provisions of 40 CFR Part 60 or Part 61, to the extent that the documentation under the regulation at 40 CFR Part 60 or Part 61 duplicates the documentation required under this article. The documentation required by 40 CFR Part 60 or Part 61 shall be kept with or made readily available with the facility operating record.
 
  Note:    Authority cited: Sections 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR, Section 66265.1064. 
  
 



s 66265.1080. Applicability.
 (a) The requirements of this article apply to owners and operators of all facilities that treat, store, or dispose of RCRA hazardous waste in tanks, surface impoundments, or containers subject to either articles 9, 10, or 11 except as section 66265.1 and subsection (b) of this section provide otherwise.
(b) The requirements of this article do not apply to the following waste management units at the facility:
(1) A waste management unit that holds hazardous waste placed in the unit before December 6, 1996, and in which no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity less than or equal to 0.1 m  [FN3].
(3) A tank in which an owner or operator has stopped adding hazardous waste and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner or operator has stopped adding hazardous waste (except to implement an approved closure plan) and the owner or operator has begun implementing or completed closure pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site treatment or storage of hazardous waste that is placed in the unit as a result of implementing remedial activities required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or 3008(h); CERCLA authorities; or similar Federal or State authorities.
(6) A waste management unit that is used solely for the management of radioactive mixed waste in accordance with all applicable regulations under the authority of the Atomic Energy Act and the Nuclear Waste Policy Act.
(7) A hazardous waste management unit that the owner or operator certifies is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. For the purpose of complying with this subsection, a tank for which the air emission control includes an enclosure, as opposed to a cover, must be in compliance with the enclosure and control device requirements of section 66265.1085(i), except as provided in section 66265.1083(c)(5).
(8) A tank that has a process vent as defined in section 66260.10.
(c) For the owner and operator of a facility subject to this article who has received a final permit under RCRA section 3005 prior to December 6, 1996, the following requirements apply:
(1) The requirements of chapter 14, article 30 shall be incorporated into the permit when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d).
(2) Until the date when the permit is reissued in accordance with the requirements of 40 CFR 124.15 or reviewed in accordance with the requirements of section 66270.50(d), the owner and operator is subject to the requirements of this article.
(d) The requirements of this article, except for the recordkeeping requirements specified in section 265.1090(i) of this article, are administratively stayed for a tank or a container used for the management of hazardous waste generated by organic peroxide manufacturing and its associated laboratory operations when the owner or operator of the unit meets all of the following conditions:
(1) The owner or operator identifies that the tank or container receives hazardous waste generated by an organic peroxide manufacturing process producing more than one functional family of organic peroxides or multiple organic peroxides within one functional family, that one or more of these organic peroxides could potentially undergo self-accelerating thermal decomposition at or below ambient temperatures, and that organic peroxides are the predominant products manufactured by the process. For the purpose of meeting the conditions of this subsection, "organic peroxide" means an organic compound that contains the bivalent -O-O- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms has been replaced by an organic radical.
(2) The owner or operator prepares documentation, in accordance with the requirements of section 66265.1090(i) explaining why an undue safety hazard would be created if air emission controls specified in sections 66265.1085 through 66265.1088 are installed and operated on the tanks and containers used at the facility to manage the hazardous waste generated by the organic peroxide manufacturing process or processes meeting the conditions of subsection (d)(1) of this section.
(3) The owner or operator notifies the Department in writing that hazardous waste generated by an organic peroxide manufacturing process or processes meeting the conditions of subsection (d)(1) of this section are managed at the facility in tanks or containers meeting the conditions of subsection (d)(2) of this section. The notification shall state the name and address of the facility, and be signed and dated by an authorized representative of the facility owner or operator.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code, Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1080. 
  
 



s 66265.1082. Schedule for Implementation of Air Emission Standards.
 (a) Owners or operators of facilities existing on December 6, 1996 and subject to articles 9, 10, and 11 shall meet the following requirements:
(1) Install and begin operation of all control equipment or waste management units required to comply with this article and complete modifications of production or treatment processes to satisfy exemption criteria in accordance with section 66265.1083(c) by December 6, 1996, except as provided for in subsection (a)(2) of this section.
(2) When control equipment or waste management units required to comply with this article cannot be installed and in operation or modifications of production or treatment processes to satisfy exemption criteria in accordance with section 66265.1083(c) cannot be completed by December 6, 1996, the owner or operator shall:
(A) Install and begin operation of the control equipment and waste management units, and complete modifications of production or treatment processes as soon as possible but no later than December 8, 1997.
(B) Prepare an implementation schedule that includes the following information: specific calendar dates for award of contracts or issuance of purchase orders for control equipment, waste management units, and production or treatment process modifications; initiation of on-site installation of control equipment or waste management units, and modifications of production or treatment processes; completion of control equipment or waste management unit installation, and production or treatment process modifications; and performance of testing to demonstrate that the installed equipment or waste management units, and modified production or treatment processes meet the applicable standards of this article.
(C) For facilities subject to the recordkeeping requirements of section 66265.73, the owner or operator shall enter the implementation schedule specified in subsection (a)(2)(B) of this section in the operating record no later than December 6, 1996.
(D) For facilities not subject to section 66265.73, the owner or operator shall enter the implementation schedule specified in subsection (a)(2)(B) of this section in a permanent, readily available file located at the facility no later than December 6, 1996.
(b) Owners or operators of facilities and units in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to articles 9, 10, or 11 shall meet the following requirements:
(1) Install and begin operation of control equipment or waste management units required to comply with this article, and complete modifications of production or treatment processes to satisfy exemption criteria of section 66265.1083(c) by the effective date of the amendment, except as provided for in subsection (b)(2) of this section.
(2) When control equipment or waste management units required to comply with this article cannot be installed and begin operation, or when modifications of production or treatment processes to satisfy exemption criteria of section 66265.1083(c) cannot be completed by the effective date of the amendment, the owner or operator shall:
(A) Install and begin operation of the control equipment or waste management unit, and complete modification of production or treatment processes as soon as possible but no later than 30 months after the effective date of the amendment.
(B) For facilities subject to the recordkeeping requirements of section 66265.73, enter and maintain the implementation schedule specified in subsection (a)(2)(B) of this section in the operating record no later than the effective date of the amendment, or
(C) For facilities not subject to section 66265.73, the owner or operator shall enter and maintain the implementation schedule specified in subsection (a)(2)(B) of this section in a permanent, readily available file located at the facility site no later than the effective date of the amendment.
(c) Owners and operators of facilities and units that become newly subject to the requirements of this article after December 8, 1997 due to an action other than those described in subsection (b) of this section must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this article; the 30-month implementation schedule does not apply).
(d) The Department may elect to extend the implementation date for control equipment at a facility, on a case by case basis, to a date later than December 8, 1997, when special circumstances that are beyond the facility owner's or operator's control delay installation or operation of control equipment, and the owner or operator has made all reasonable and prudent attempts to comply with the requirements of this article.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1082. 
  
 



s 66265.1083. Standards: General.
 (a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this article.
(b) The owner or operator shall control air pollutant emissions from each hazardous waste management unit in accordance with standards specified in sections 66265.1085 through 66265.1088 as applicable to the hazardous waste management unit, except as provided for in subsection (c) of this section.
(c) A tank, surface impoundment, or container is exempt from standards specified in sections 66265.1085 through 66265.1088 as applicable, provided that the waste management unit is one of the following:
(1) A tank, surface impoundment, or container for which all hazardous waste entering the unit has an average VO concentration at the point of waste origination of less than 500 parts per million by weight (ppmw). The average VO concentration shall be determined using the procedures specified in section 66265.1084(a) of this article. The owner or operator shall review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous waste streams entering the unit.
(2) A tank, surface impoundment, or container for which the organic content of all the hazardous waste entering the waste management unit has been reduced by an organic destruction or removal process that achieves any one of the following conditions:
(A) A process that removes or destroys the organics contained in the hazardous waste to a level such that the average VO concentration of the hazardous waste at the point of waste treatment is less than the exit concentration limit (Ct) established for the process. The average VO concentration of the hazardous waste at the point of waste treatment and the exit concentration limit for the process shall be determined using the procedures specified in section 66265.1084(b).
(B) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the average VO concentration of the hazardous waste at the point of waste treatment is less than 100 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in section 66265.1084(b).
(C) A process that removes or destroys the organics contained in the hazardous waste to a level such that the actual organic mass removal rate (MR) for the process is equal to or greater than the required organic mass removal rate (RMR) established for the process. The required organic mass removal rate and the actual organic mass removal rate for the process shall be determined using the procedures specified in section 66265.1084(b).
(D) A biological process that destroys or degrades the organics contained in the hazardous waste, such that either of the following conditions is met:
1. The organic reduction efficiency (R) for the process is equal to or greater than 95 percent, and the organic biodegradation efficiency (Rbio) for the process is equal to or greater than 95 percent. The organic reduction efficiency and the organic biodegradation efficiency for the process shall be determined using the procedures specified in section 66265.1084(b).
2. The total actual organic mass biodegradation rate (MRbio for all hazardous waste treated by the process is equal to or greater than the required organic mass removal rate (RMR). The required organic mass removal rate and the actual organic mass biodegradation rate for the process shall be determined using the procedures specified in section 66265.1084(b).
(E) A process that removes or destroys the organics contained in the hazardous waste and meets all of the following conditions:
1. From the point of waste origination through the point where the hazardous waste enters the treatment process, the hazardous waste is managed continuously in waste management units which use air emission controls in accordance with the standards specified in sections 66265.1085 through 66265.1088 as applicable to the waste management unit.
2. From the point of waste origination through the point where the hazardous waste enters the treatment process, any transfer of the hazardous waste is accomplished through continuous hard-piping or other closed system transfer that does not allow exposure of the waste to the atmosphere. The EPA considers a drain system that meets the requirements of 40 CFR part 63, subpart RR-- National Emission Standards for Individual Drain Systems to be a closed system.
3. The average VO concentration of the hazardous waste at the point of waste treatment is less than the lowest average VO concentration at the point of waste origination determined for each of the individual waste streams entering the process or 500 ppmw, whichever value is lower. The average VO concentration of each individual waste stream at the point of waste origination shall be determined using the procedures specified in section 66265.1084(a). The average VO concentration of the hazardous waste at the point of waste treatment shall be determined using the procedures specified in section 66265.1084(b).
(F) A process that removes or destroys the organics contained in the hazardous waste to a level such that the organic reduction efficiency (R) for the process is equal to or greater than 95 percent and the owner or operator certifies that the average VO concentration at the point of waste origination for each of the individual waste streams entering the process is less than 10,000 ppmw. The organic reduction efficiency for the process and the average VO concentration of the hazardous waste at the point of waste origination shall be determined using the procedures specified in sections 66265.1084(b) and 66265.1084(a), respectively.
(G) A hazardous waste incinerator for which the owner or operator has either:
1. Been issued a final permit under chapter 20 which implements the requirements of chapter 14, article 15; or
2. Has designed and operates the incinerator in accordance with the interim status requirements of chapter 15, article 15 of this division.
(H) A boiler or industrial furnace for which the owner or operator has either:
1. Been issued a final permit under chapter 20 which implements the requirements of chapter 16, article 8, or
2. Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of chapter 16, article 8 of this division.
(I) For the purpose of determining the performance of an organic destruction or removal process in accordance with the conditions in each of subsections (c)(2)(A) through (c)(2)(F) of this section, the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration:
1. If Method 25D in 40 CFR part 60, appendix A is used for the analysis, one-half the blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60, appendix A, or a value of 25 ppmw, whichever is less.
2. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant value at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 <<super>>-6  atmospheres/gram-mole/m <<super>>3 ] at 25 degrees Celsius.
(3) A tank or surface impoundment used for biological treatment of hazardous waste in accordance with the requirements of subsection (c)(2)(D) of this section.
(4) A tank, surface impoundment, or container for which all hazardous waste placed in the unit either:
(A) Meets the numerical concentration limits for organic hazardous constituents, applicable to the hazardous waste, as specified in chapter 18-- Land Disposal Restrictions under Table "Treatment Standards for Hazardous Waste" in section 66268.40; or
(B) The organic hazardous constituents in the waste have been treated by the treatment technology established by the Department for the waste in section 66268.42(a), or have been removed or destroyed by an equivalent method of treatment approved by the Department pursuant to section 66268.42(b).
(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the following conditions are met:
(A) The tank is located inside an enclosure vented to a control device that is designed and operated in accordance with all applicable requirements specified under 40 CFR part 61, subpart FF--National Emission Standards for Benzene Waste Operations for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year;
(B) The enclosure and control device serving the tank were installed and began operation prior to November 25, 1996; and
(C) The enclosure is designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, Appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical or electrical equipment; or to direct air flow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" annually.
(d) The Department may at any time perform or request that the owner or operator perform a waste determination for a hazardous waste managed in a tank, surface impoundment, or container exempted from using air emission controls under the provisions of this section as follows:
(1) The waste determination for average VO concentration of a hazardous waste at the point of waste origination shall be performed using direct measurement in accordance with the applicable requirements of section 66265.1084(a). The waste determination for a hazardous waste at the point of waste treatment shall be performed in accordance with the applicable requirements of section 66265.1084(b).
(2) In performing a waste determination pursuant to subsection (d)(1) of this section, the sample preparation and analysis shall be conducted as follows:
(A) In accordance with the method used by the owner or operator to perform the waste analysis, except in the case specified in subsection (d)(2)(B) of this section.
(B) If the Department determines that the method used by the owner or operator was not appropriate for the hazardous waste managed in the tank, surface impoundment, or container, then the Department may choose an appropriate method.
(3) In a case when the owner or operator is requested to perform the waste determination, the Department may elect to have an authorized representative observe the collection of the hazardous waste samples used for the analysis.
(4) In a case when the results of the waste determination performed or requested by the Department do not agree with the results of a waste determination performed by the owner or operator using knowledge of the waste, then the results of the waste determination performed in accordance with the requirements of subsection (d)(1) of this section shall be used to establish compliance with the requirements of this article.
(5) In a case when the owner or operator has used an averaging period greater than 1 hour for determining the average VO concentration of a hazardous waste at the point of waste origination, the Department may elect to establish compliance with this article by performing or requesting that the owner or operator perform a waste determination using direct measurement based on waste samples collected within a 1-hour period as follows:
(A) The average VO concentration of the hazardous waste at the point of waste origination shall be determined by direct measurement in accordance with the requirements of section 66265.1084(a).
(B) Results of the waste determination performed or requested by the Department showing that the average VO concentration of the hazardous waste at the point of waste origination is equal to or greater than 500 ppmw shall constitute noncompliance with this article except in a case as provided for in subsection (d)(5)(C) of this section.
(C) For the case when the average VO concentration of the hazardous waste at the point of waste origination previously has been determined by the owner or operator using an averaging period greater than 1 hour to be less than 500 ppmw but because of normal operating process variations the VO concentration of the hazardous waste determined by direct measurement for any given 1-hour period may be equal to or greater than 500 ppmw, information that was used by the owner or operator to determine the average VO concentration of the hazardous waste (e.g., test results, measurements, calculations, and other documentation) and recorded in the facility records in accordance with the requirements of section 66265.1084(a) and section 66265.1090 shall be considered by the Department together with the results of the waste determination performed or requested by the Department in establishing compliance with this article.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1083.
  



s 66265.1084.  Waste Determination Procedures.
 (a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination.
(1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste placed in a waste management unit exempted under the provisions of section 66265.1083(c)(1) from using air emission controls in accordance with standards specified in sections 66265.1085 through 66265.1088, as applicable to the waste management unit.
(A) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the hazardous waste stream is placed in a waste management unit exempted under the provisions of section 66265.1083(c)(1) from using air emission controls, and thereafter an initial determination of the average VO concentration of the waste stream shall be made for each averaging period that a hazardous waste is managed in the unit; and
(B) Perform a new waste determination whenever changes to the source generating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level that is equal to or greater than the VO concentration limit specified in section 66265.1083(c)(1).
(2) For a waste determination that is required by subsection (a)(1) of this section, the average VO concentration of a hazardous waste at the point of waste origination shall be determined using either direct measurement as specified in subsection (a)(3) of this section or by knowledge as specified in subsection (a)(4) of this section.
(3) Direct measurement to determine average VO concentration of a hazardous waste at the point of waste origination.
(A) Identification. The owner or operator shall identify and record the point of waste origination for the hazardous waste.
(B) Sampling. Samples of the hazardous waste stream shall be collected at the point of waste origination in a manner such that volatilization of organics contained in the waste and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method.
1. The averaging period to be used for determining the average VO concentration for the hazardous waste stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operator determines is appropriate for the hazardous waste stream but shall not exceed 1 year.
2. A sufficient number of samples, but no less than four samples, shall be collected and analyzed for a hazardous waste determination. All of the samples for a given waste determination shall be collected within a one-hour period. The average of the four or more sample results constitutes a waste etermination for the waste stream. One or more waste determinations may be required to represent the complete range of waste compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the source or process generating the hazardous waste stream. Examples of such normal variations are seasonal variations in waste quantity or fluctuations in ambient temperature.
3. All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, (incorporated by reference--refer to section 66260.11(a) of this division), or in Method 25D in 40 CFR part 60, appendix A.
4. Sufficient information, as specified in the "site sampling plan" required under paragraph (a)(3)(B)3. of this section, shall be prepared and recorded to document the waste quantity represented by the samples and, as applicable, the operating conditions for the source or process generating the hazardous waste represented by the samples.
(C) Analysis. Each collected sample shall be prepared and analyzed in accordance with one or more of the methods listed in subsections (a)(3)(C)1. through (a)(3)(C)9. of this section, including appropriate quality assurance and quality control (QA/QC) checks and use of target compounds for calibration. If Method 25D in 40 CFR part 60, appendix A is not used, then one or more methods should be chosen that are appropriate to ensure that the waste determination accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 <<super>>-6  atmospheres/gram-mole/m <<super>>3 ] at 25 degrees Celsius. Each of the analytical methods listed in subsections (a)(3)(C)2. through (a)(3)(C)7. of this section has an associated list of approved chemical compounds, for which EPA considers the method appropriate for measurement. If an owner or operator uses EPA Method 624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one or more compounds that are not on that method's published list, the Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be followed. If an owner or operator uses EPA Method 8260 or 8270 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, (incorporated by reference--refer to section 66260.11(a) of this chapter) to analyze one or more compounds that are not on that method's published list, the procedures in subsection (a)(3)(C)8. of this section must be followed. At the owner or operator's discretion, the owner or operator may adjust test data measured by a method other than Method 25D to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (f m25D). If the owner or operator elects to adjust test data, the adjustment must be made to all individual chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X at 25 degrees Celsius contained the waste. Constituent-specific adjustment factors (f m25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.
1. Method 25D in 40 CFR part 60, appendix A.
2. Method 624 in 40 CFR part 136, appendix A.
3. Method 625 in 40 CFR part 136, appendix A. Perform corrections to the compounds for which the analysis is being conducted based on the "accuracy as recovery" using the factors in Table 7 of the method.
4. Method 1624 in 40 CFR part 136, appendix A.
5. Method 1625 in 40 CFR part 136, appendix A.
6. Method 8260 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 (incorporated by reference--refer to section 66260.11(a) of this division). Maintain a formal quality assurance program consistent with the requirements of Method 8260. The quality assurance program shall include the following elements:
a. Documentation of site-specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.
b. Measurement of the overall accuracy and precision of the specific procedures.
7. Method 8270 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 (incorporated by reference--refer to section 66260.11(a) of this division). Maintain a formal quality assurance program consistent with the requirements of Method 8270. The quality assurance program shall include the following elements:
a. Documentation of site-specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.
b. Measurement of the overall accuracy and precision of the specific procedures.
8. Any other EPA standard method that has been validated in accordance with  "Alternative Validation Procedure for EPA Waste and Wastewater Methods", 40 CFR part 63, appendix D. As an alternative, other EPA standard methods may be validated by the procedure specified in subsection (a)(3)(C)9. of this section.
9. Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not required.
(D) Calculations.
1. The average VO concentration <<vin clum>>(c) on a mass-weighted basis shall be calculated by using the results for all waste determinations conducted in accordance with subsections (a)(3)(B) and (C) of this section and the following equation:
where:
<<vin clum>>c = Average VO concentration of the hazardous waste at the point of waste origination on a mass-weighted basis, ppmw.
i = Individual waste determination "i" of the hazardous waste.
n = Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed 1 year).
Q i  = Mass quantity of hazardous waste stream represented by C i, kg/hr.
Q T  = Total mass quantity of hazardous waste during the averaging period, kg/hr.
C i = Measured VO concentration of waste determination "i" as determined in accordance with the requirements of subsection (a)(3)(C) of this section (i.e., the average of the four or more samples specified in subsection (a)(3)(B)2. of this section), ppmw.
2. For the purpose of determining C i, for individual waste samples analyzed in accordance with subsection (a)(3)(C) of this section, the owner or operator shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration:
a. If Method 25D in 40 CFR part 60, Appendix A is used for the analysis, one-half the blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60, appendix A.
b. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the waste that has a Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 <<super>>-6  atmospheres/gram-mole/m <<super>>3 ] at 25 degrees Celsius.
(E) Provided that the test method is appropriate for the waste as required under subsection (a)(3)(C) of this section, the EPA will determine compliance based on the test method used by the owner or operator as recorded pursuant to section 66265.1090(f)(1).
(4) Use of owner or operator knowledge to determine average VO concentration of a hazardous waste at the point of waste origination.
(A) Documentation shall be prepared that presents the information used as the basis for the owner's or operator's knowledge of the hazardous waste stream's average VO concentration. Examples of information that may be used as the basis for knowledge include: Material balances for the source or process generating the hazardous waste stream; constituent-specific chemical test data for the hazardous waste stream from previous testing that are still applicable to the current waste stream; previous test data for other locations managing the same type of waste stream; or other knowledge based on information included in manifests, shipping papers, or waste certification notices.
(B) If test data are used as the basis for knowledge, then the owner or operator shall document the test method, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VO concentration. For example, an owner or operator may use organic concentration test data for the hazardous waste stream that are validated in accordance with Method 301 in 40 CFR part 63, appendix A as the basis for knowledge of the waste.
(C) An owner or operator using chemical constituent-specific concentration test data as the basis for knowledge of the hazardous waste may adjust the test data to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To adjust these data, the measured concentration for each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (f m25D).
(D) In the event that the Department and the owner or operator disagree on a determination of the average VO concentration for a hazardous waste stream using knowledge, then the results from a determination of average VO concentration using direct measurement as specified in subsection (a)(3) of this section shall be used to establish compliance with the applicable requirements of this article. The Department may perform or request that the owner or operator perform this determination using direct measurement. The owner or operator may choose one or more appropriate methods to analyze each collected sample in accordance with the requirements of subsection (a)(3)(C) of this section.
(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste determination for each treated hazardous waste placed in a waste management unit exempted under the provisions of sections 66265.1083(c)(2)(A) through (c)(2)(F) from using air emission controls in accordance with standards specified in sections 66265.1085 through 66265.1088, as applicable to the waste management unit.
(A) An initial determination of the average VO concentration of the waste stream shall be made before the first time any portion of the material in the treated waste stream is placed in a waste management unit exempted under the provisions of sections 66265.1083(c)(2), 66265.1083(c)(3), or 66265.1083(c)(4) from using air emission controls, and thereafter update the information used for the waste determination at least once every 12 months following the date of the initial waste determination; and
(B) Perform a new waste determination whenever changes to the process generating or treating the waste stream are reasonably likely to cause the average VO concentration of the hazardous waste to increase to a level such that the applicable treatment conditions specified in sections 66265.1083(c)(2), 66265.1083(c)(3), or 66265.1083(c)(4) are not achieved.
(2) The owner or operator shall designate and record the specific provision in section 66265.1083(c)(2) under which the waste determination is being performed. The waste determination for the treated hazardous waste shall be performed using the applicable procedures specified in subsections (b)(3) through (b)(9) of this section.
(3) Procedure to determine the average VO concentration of a hazardous waste at the point of waste treatment.
(A) Identification. The owner or operator shall identify and record the point of waste treatment for the hazardous waste.
(B) Sampling. Samples of the hazardous waste stream shall be collected at the point of waste treatment in a manner such that volatilization of organics contained in the waste and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method.
1. The averaging period to be used for determining the average VO concentration for the hazardous waste stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operator determines is appropriate for the hazardous waste stream but shall not exceed 1 year.
2. A sufficient number of samples, but no less than four samples, shall be collected and analyzed for a hazardous waste determination. All of the samples for a given waste determination shall be collected within a one-hour period. The average of the four or more sample results constitutes a waste determination for the waste stream. One or more waste determinations may be required to represent the complete range of waste compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the process generating or treating the hazardous waste stream. Examples of such normal variations are seasonal variations in waste quantity or fluctuations in ambient temperature.
3. All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846 (incorporated by reference--refer to section 66260.11(a)), or in Method 25D in 40 CFR part 60, appendix A.
4. Sufficient information, as specified in the "site sampling plan" required under paragraph (C) of (b)(3)(B) of this section, section 66265.1084(b)(3)(B), shall be prepared and recorded to document the waste quantity represented by the samples and, as applicable, the operating conditions for the process treating the hazardous waste represented by the samples.
(C) Analysis. Each collected sample shall be prepared and analyzed in accordance with one or more of the methods listed in subsections (b)(3)(C)1. through (b)(3)(C)9. of this section, including appropriate quality assurance and quality control (QA/QC) checks and use of target compounds for calibration. When the owner or operator is making a waste determination for a treated hazardous waste that is to be compared to an average VO concentration at the point of waste origination or the point of waste entry to the treatment system, to determine if the conditions of section 66264.1082(c)(2)(A) through (c)(2)(F) or section 66265.1083(c)(2)(A) through (c)(2)(F) are met, then the waste samples shall be prepared and analyzed using the same method or methods as were used in making the initial waste determinations at the point of waste origination or at the point of entry to the treatment system. If Method 25D in 40 CFR part 60, appendix A is not used, then one or more methods should be chosen that are appropriate to ensure that the waste determination accounts for and reflects all organic compounds in the waste with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10 <<super>>-6 atmospheres/gram-mole/m <<super>>3 ] at 25 degrees Celsius. Each of the analytical methods listed in subsections (b)(3)(C)2. through (b)(3)(C)7. of this section has an associated list of approved chemical compounds, for which EPA considers the method appropriate for measurement. If an owner or operator uses EPA Method 624, 625, 1624, or 1625 in 40 CFR part 136, appendix A to analyze one or more compounds that are not on that method's published list, the Alternative Test Procedure contained in 40 CFR 136.4 and 136.5 must be followed. If an owner or operator uses EPA Method 8260 or 8270 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, (incorporated by reference--refer to section 66260.11(a) of this chapter) to analyze one or more compounds that are not on that method's published list, the procedures in subsection (b)(3)(C)8. of this section must be followed. At the owner or operator's discretion, the owner or operator may adjust test data measured by a method other than Method 25D to the corresponding average VO concentration value which would have been obtained had the waste samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To adjust these data, the measured concentration of each individual chemical constituent contained in the waste is multiplied by the appropriate constituent-specific adjustment factor (f m25D). If the owner or operator elects to adjust test data, the adjustment must be made to all individual chemical constituents with a Henry's law constant equal to or greater than  0.1 Y/X at 25 degrees Celsius contained the waste. Constituent-specific adjustment factors (f m25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711.
1. Method 25D in 40 CFR part 60, appendix A.
2. Method 624 in 40 CFR part 136, appendix A.
3. Method 625 in 40 CFR part 136, appendix A. Perform corrections to the compounds for which the analysis is being conducted based on the "accuracy as recovery" using the factors in Table 7 of the method.
4. Method 1624 in 40 CFR part 136, appendix A.
5. Method 1625 in 40 CFR part 136, appendix A.
6. Method 8260 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 (incorporated by reference--refer to section 66260.11(a) of this division). Maintain a formal quality assurance program consistent with the requirements of Method 8260. The quality assurance program shall include the following elements:
a. Documentation of site-specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.
b. Measurement of the overall accuracy and precision of the specific procedures.
7. Method 8270 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 (incorporated by reference--refer to section 66260.11(a) of this division). Maintain a formal quality assurance program consistent with the requirements of Method 8270. The quality assurance program shall include the following elements:
a. Documentation of site-specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, preparation, introduction, and analysis steps.
b. Measurement of the overall accuracy and precision of the specific procedures.
8. Any other EPA standard method that has been validated in accordance with  "Alternative Validation Procedure for EPA Waste and Wastewater Methods", 40 CFR part 63, appendix D. As an alternative, other EPA standard methods may be validated by the procedure specified in subsection (b)(3)(C)9. of this section.
9. Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not required.
(D) Calculations.1.The average VO concentration <<vin clum>>(c) on a mass-weighted basis shall be calculated by using the results for all waste determinations conducted in accordance with subsection (b)(3)(B) and (C) of this section and the following equation:
Where:
<<vin clum>>c = Average VO concentration of the hazardous waste at the point of waste treatment on a mass-weighted basis, ppmw.
i = Individual waste determination "i" of the hazardous waste.
n = Total number of waste determinations of the hazardous waste conducted for the averaging period (not to exceed 1 year)
Q i  = Mass quantity of hazardous waste stream represented by C i, kg/hr.
Q T  = Total mass quantity of hazardous waste during the averaging period, kg/hr.
C i = Measured VO concentration of waste determination "i" as determined in accordance with the requirements of subsection (b)(3)(C) of this section (i.e., the average of the four or more samples specified in subsection (b)(3)(B)2. of this section), ppmw.
(E) Provided that the test method is appropriate for the waste as required under subsection (b)(3)(C) of this section, the Department will determine compliance based on the test method used by the owner or operator as recorded pursuant to section 66265.1090(f)(1).
(4) Procedure to determine the exit concentration limit (C t) for a treated hazardous waste.
(A) The point of waste origination for each hazardous waste treated by the process at the same time shall be identified.
(B) If a single hazardous waste stream is identified in subsection (b)(4)(A) of this section, then the exit concentration limit (C t) shall be 500 ppmw.
(C) If more than one hazardous waste stream is identified in subsection  (b)(4)(A) of this section, then the average VO concentration of each hazardous waste stream at the point of waste origination shall be determined in accordance with the requirements of subsection (a) of this section. The exit concentration limit (C t) shall be calculated by using the results determined for each individual hazardous waste stream and the following equation:
Where:
C t  = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream "x" that has an average VO concentration less than 500 ppmw at the point of waste origination as determined in accordance with the requirements of section 66265.1084(a).
y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination as determined in accordance with the requirements of section 66265.1084(a).
m = Total number of "x" hazardous waste streams treated by process.
n = Total number of "y" hazardous waste streams treated by process.
Q x  = Annual mass quantity of hazardous waste stream "x," kg/yr.
Q y = Annual mass quantity of hazardous waste stream "y," kg/yr.
<<vin clum>>cx = Average VO concentration of hazardous waste stream "x" at the point of waste origination as determined in accordance with the requirements of section 66265.1084(a), ppmw.
(5) Procedure to determine the organic reduction efficiency (R) for a treated hazardous waste.
(A) The organic reduction efficiency (R) for a treatment process shall be determined based on results for a minimum of three consecutive runs.
(B) All hazardous waste streams entering the treatment process and all hazardous waste streams exiting the treatment process shall be identified. The owner or operator shall prepare a sampling plan for measuring these streams that accurately reflects the retention time of the hazardous waste in the process.
(C) For each run, information shall be determined for each hazardous waste stream identified in subsection (b)(5)(B) of this section using the following procedures:
1. The mass quantity of each hazardous waste stream entering the process (Q b) and the mass quantity of each hazardous waste stream exiting the process (Q a) shall be determined.
2. The average VO concentration at the point of waste origination of each hazardous waste stream entering the process <<vin clum>>cb) during the run shall be determined in accordance with the requirements of subsection (a)(3) of this section. The average VO concentration at the point of waste treatment of each waste stream exiting the process <<vin clum>>ca) during the run shall be determined in accordance with the requirements of subsection (b)(3) of this section.
(D) The waste volatile organic mass flow entering the process (E b) and the waste volatile organic mass flow exiting the process (E a) shall be calculated by using the results determined in accordance with subsection (b)(5)(C) of this section and the following equations:
Where:
E a  = Waste volatile organic mass flow exiting process, kg/hr.
E b  = Waste volatile organic mass flow entering process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run "j"
Q b  = Mass quantity of hazardous waste entering process during run "j," kg/hr.
Q a  = Average mass quantity of hazardous waste exiting process during run  "j," kg/hr.
<<vin clum>>c a  = Average VO concentration of hazardous waste exiting process during run "j" as determined in accordance with the requirements of section 66265.1084(b)(3), ppmw.
<<vin clum>>c b  = Average VO concentration of hazardous waste entering process during run "j" as determined in accordance with the requirements of section 66265.1084(a)(3), ppmw.
(E) The organic reduction efficiency of the process shall be calculated by using the results determined in accordance with subsection (b)(5)(D) of this section and the following equation:
Where:
R = Organic reduction efficiency, percent.
E b  = Waste volatile organic mass flow entering process as determined in accordance with the requirements of subsection (b)(5)(D) of this section, kg/hr.
E a  = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of subsection (b)(5)(D) of this section, kg/hr.
(6) Procedure to determine the organic biodegradation efficiency (R bio) for a treated hazardous waste.
(A) The fraction of organics biodegraded (F bio) shall be determined using the procedure specified in 40 CFR part 63, appendix C.
(B) The R bio  shall be calculated by using the following equation:
Where:
R bio  = Organic biodegradation efficiency, percent.
F bio  = Fraction of organic biodegraded as determined in accordance with the requirements of subsection (b)(6)(A) of this section.
(7) Procedure to determine the required organic mass removal rate (RMR) for a treated hazardous waste.
(A) All of the hazardous waste streams entering the treatment process shall be identified.
(B) The average VO concentration of each hazardous waste stream at the point of waste origination shall be determined in accordance with the requirements of subsection (a) of this section.
(C) For each individual hazardous waste stream that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination, the average volumetric flow rate and the density of the hazardous waste stream at the point of waste origination shall be determined.
(D) The RMR shall be calculated by using the average VO concentration, average volumetric flow rate, and density determined for each individual hazardous waste stream, and the following equation:
Where:
RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream "y" that has an average VO concentration equal to or greater than 500 ppmw at the point of waste origination as determined in accordance with the requirements of section 66265.1084(a).
n = Total number of "y" hazardous waste streams treated by process.
 V y = Average volumetric flow rate of hazardous waste stream "y" at the point of waste origination, m <<super>>3 /hr.
k y  = Density of hazardous waste stream "y," kg/m <<super>>3
<<vin clum>>cy  = Average VO concentration of hazardous waste stream = Average VO concentration of hazardous waste stream "y" at the point of waste origination as determined in accordance with the requirements of section 66265.1084(a), ppmw.
(8) Procedure to determine the actual organic mass removal rate (MR) for a treated hazardous waste.
(A) The MR shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be 1 hour.
(B) The waste volatile organic mass flow entering the process (E b) and the waste volatile organic mass flow exiting the process (E a) shall be determined in accordance with the requirements of subsection (b)(5)(D) of this section.
(C) The MR shall be calculated by using the mass flow rate determined in accordance with the requirements of subsection (b)(8)(B) of this section and the following equation:
Where:
MR = E b -E a
MR = Actual organic mass removal rate, kg/hr.
E b  = Waste volatile organic mass flow entering process as determined in accordance with the requirements of subsection (b)(5)(D) of this section, kg/hr.
E a  = Waste volatile organic mass flow exiting process as determined in accordance with the requirements of subsection (b)(5)(D) of this section, kg/hr.
(9) Procedure to determine the actual organic mass biodegradation rate (MR bio) for a treated hazardous waste.
(A) The MR bio  shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be 1 hour.
(B) The waste organic mass flow entering the process (E b) shall be determined in accordance with the requirements of subsection (b)(5)(D) of this section.
(C) The fraction of organic biodegraded (F bio) shall be determined using the procedure specified in 40 CFR part 63, appendix C.
(D) The MR bio  shall be calculated by using the mass flow rates and fraction of organic biodegraded determined in accordance with the requirements of subsections (b)(9)(B) and (b)(9)(C), respectively, of this section and the following equation:
Where:
MR bio  = E b  x F bio 
MR bio  = Actual organic mass biodegradation rate, kg/hr.
E b  = Waste organic mass flow entering process as determined in accordance with the requirements of subsection (b)(5)(D) of this section, kg/hr.
F bio  = Fraction of organic biodegraded as determined in accordance with the requirements of subsection (b)(9)(C) of this section.
(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in a tank.
(1) An owner or operator shall determine the maximum organic vapor pressure for each hazardous waste placed in a tank using Tank Level 1 controls in accordance with the standards specified in section 66265.1085(c).
(2) An owner or operator shall use either direct measurement as specified in subsection (c)(3) of this section or knowledge of the waste as specified by subsection (c)(4) of this section to determine the maximum organic vapor pressure which is representative of the hazardous waste composition stored or treated in the tank.
(3) Direct measurement to determine the maximum organic vapor pressure of a hazardous waste.
(A) Sampling. A sufficient number of samples shall be collected to be representative of the waste contained in the tank. All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous waste are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the facility operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication No. SW-846, (incorporated by reference--refer to section 66260.11(a)) or in Method 25D in 40 CFR part 60, appendix A.
(B) Analysis. Any appropriate one of the following methods may be used to analyze the samples and compute the maximum organic vapor pressure of the hazardous waste:
1. Method 25E in 40 CFR part 60 appendix A;
2. Methods described in American Petroleum Institute Publication 2517, Third Edition, February 1989, "Evaporative Loss from External Floating-Roof Tanks," (incorporated by reference--refer to section 66260.11);
3. Methods obtained from standard reference texts;
4. ASTM Method 2879-92 (incorporated by reference--refer to section 66260.11); and
5. Any other method approved by the Department.
(4) Use of knowledge to determine the maximum organic vapor pressure of the hazardous waste. Documentation shall be prepared and recorded that presents the information used as the basis for the owner's or operator's knowledge that the maximum organic vapor pressure of the hazardous waste is less than the maximum vapor pressure limit listed in section 66265.1085(b)(1)(A) for the applicable tank design capacity category. An example of information that may be used is documentation that the hazardous waste is generated by a process for which at other locations it previously has been determined by direct measurement that the waste maximum organic vapor pressure is less than the maximum vapor pressure limit for the appropriate tank design capacity category.
(d) Procedure for determining no detectable organic emissions for the purpose of complying with this article:
(1) The test shall be conducted in accordance with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to: The interface of the cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure relief valve.
(2) The test shall be performed when the unit contains a hazardous waste having an organic concentration representative of the range of concentrations for the hazardous waste expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position.
(3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the organic constituents in the hazardous waste placed in the waste management unit, not for each individual organic constituent.
(4) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A.
(5) Calibration gases shall be as follows:
(A) Zero air (less than 10 ppmv hydrocarbon in air), and
(B) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppmv methane or n-hexane.
(6) The background level shall be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of 500 ppmv except when monitoring a seal around a rotating shaft that passes through a cover opening, in which case the comparison shall be as specified in subsection (d)(9) of this section. If the difference is less than 500 ppmv, then the potential leak interface is determined to operate with no detectable organic emissions.
(9) For the seals around a rotating shaft that passes through a cover opening, the arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of 10,000 ppmw. If the difference is less than 10,000 ppmw, then the potential leak interface is determined to operate with no detectable organic emissions.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 265.1084. 
  
 



s 66265.1085. Standards: Tanks.
 (a) The provisions of this section apply to the control of air pollutant emissions from tanks for which section 66265.1083(b) references the use of this section for such air emission control.
(b) The owner or operator shall control air pollutant emissions from each tank subject to this section in accordance with the following requirements, as applicable:
(1) For a tank that manages hazardous waste that meets all of the conditions specified in subsections (b)(1)(A) through (b)(1)(C) of this section, the owner or operator shall control air pollutant emissions from the tank in accordance with the Tank Level 1 controls specified in subsection (c) of this section or the Tank Level 2 controls specified in subsection (d) of this section.
(A) The hazardous waste in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank's design capacity category as follows:
1. For a tank design capacity equal to or greater than 151 m <<super>>3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.
2. For a tank design capacity equal to or greater than 75 m <<super>>3 but less than 151 m <<super>>3, the maximum organic vapor pressure limit for the tank is 27.6 kPa.
3. For a tank design capacity less than 75 m <<super>>3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.
(B) The hazardous waste in the tank is not heated by the owner or operator to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous waste is determined for the purpose of complying with subsection (b)(1)(A) of this section.
(C) The hazardous waste in the tank is not treated by the owner or operator using a waste stabilization process, as defined in section 66265.1081.
(2) For a tank that manages hazardous waste that does not meet all of the conditions specified in subsections (b)(1)(A) through (b)(1)(C) of this section, the owner or operator shall control air pollutant emissions from the tank by using Tank Level 2 controls in accordance with the requirements of subsection (d) of this section. Examples of tanks required to use Tank Level 2 controls include: A tank used for a waste stabilization process; and a tank for which the hazardous waste in the tank has a maximum organic vapor pressure that is equal to or greater than the maximum organic vapor pressure limit for the tank's design capacity category as specified in subsection (b)(1)(A) of this section.
(c) Owners and operators controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet the requirements specified in subsections (c)(1) through (c)(4) of this section:
(1) The owner or operator shall determine the maximum organic vapor pressure for a hazardous waste to be managed in the tank using Tank Level 1 controls before the first time the hazardous waste is placed in the tank. The maximum organic vapor pressure shall be determined using the procedures specified in section 66265.1084(c). Thereafter, the owner or operator shall perform a new determination whenever changes to the hazardous waste managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level that is equal to or greater than the maximum organic vapor pressure limit for the tank design capacity category specified in subsection (b)(1)(A) of this section, as applicable to the tank.
(2) The tank shall be equipped with a fixed roof designed to meet the following specifications:
(A) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the hazardous waste in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch).
(B) The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.
(C) Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either:
1. Equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device; or
2. Connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous waste is managed in the tank, except as provided for in subsections (c)(2)(C)2.a and (c)(2)(C)2.b of this section.
a. During periods it is necessary to provide access to the tank for performing the activities of subsection (c)(2)(C)2.b of this section, venting of the vapor headspace underneath the fixed roof to the control device is not required, opening of closure devices is allowed, and removal of the fixed roof is allowed. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, and resume operation of the control device.
b. During periods of routine inspection, maintenance, or other activities needed for normal operations, and for the removal of accumulated sludge or other residues from the bottom of the tank.
(D) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the hazardous waste or its vapors managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(3) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows:
(A) Opening of closure devices or removal of the fixed roof is allowed at the following times:
1. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
2. To remove accumulated sludge or other residues from the bottom of tank.
(B) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the tank internal pressure in accordance with the tank design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the tank internal pressure is within the internal pressure operating range determined by the owner or operator based on the tank manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the tank internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations.
(C) Opening of a safety device, as defined in section 66265.1081, is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator shall inspect the air emission control equipment in accordance with the following requirements.
(A) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The owner or operator shall perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except under the special conditions provided for in subsection (l ) of this section.
(C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66265.1090(b).
(d) Owners and operators controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:
(1) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in subsection (e) of this section;
(2) A tank equipped with an external floating roof in accordance with the requirements specified in subsection (f) of this section;
(3) A tank vented through a closed-vent system to a control device in accordance with the requirements specified in subsection (g) of this section;
(4) A pressure tank designed and operated in accordance with the requirements specified in subsection (h) of this section; or
(5) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in subsection (i) of this section.
(e) The owner or operator who controls air pollutant emissions from a tank using a fixed-roof with an internal floating roof shall meet the requirements specified in subsections (e)(1) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements:
(A) The internal floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(B) The internal floating roof shall be equipped with a continuous seal between the wall of the tank and the floating roof edge that meets either of the following requirements:
1. A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in section 66265.1081; or
2. Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal.
(C) The internal floating roof shall meet the following specifications:
1. Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the liquid surface.
2. Each opening in the internal floating roof shall be equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains.
3. Each penetration of the internal floating roof for the purpose of sampling shall have a slit fabric cover that covers at least 90 percent of the opening.
4. Each automatic bleeder vent and rim space vent shall be gasketed.
5. Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.
6. Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(A) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(B) Automatic bleeder vents are to be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(C) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting.
(3) The owner or operator shall inspect the internal floating roof in accordance with the procedures specified as follows:
(A) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: The internal floating roof is not floating on the surface of the liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion of the roof seals have detached from the roof rim; holes, tears, or other openings are visible in the seal fabric; the gaskets no longer close off the hazardous waste surface from the atmosphere; or the slotted membrane has more than 10 percent open area.
(B) The owner or operator shall inspect the internal floating roof components as follows except as provided in subsection (e)(3)(C) of this section:
1. Visually inspect the internal floating roof components through openings on the fixed-roof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and
2. Visually inspect the internal floating roof, primary seal, secondary seal  (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 10 years.
(C) As an alternative to performing the inspections specified in subsection  (e)(3)(B) of this section for an internal floating roof equipped with two continuous seals mounted one above the other, the owner or operator may visually inspect the internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 5 years.
(D) Prior to each inspection required by subsection (e)(3)(B) or (e)(3)(C) of this section, the owner or operator shall notify the Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
1. Prior to each visual inspection of an internal floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subsection (e)(3)(D)2. of this section.
2. When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Department as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Department at least 7 calendar days before refilling the tank.
(E) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(F) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66265.1090(b).
(4) Safety devices, as defined in section 66265.1081 may be installed and operated as necessary on any tank complying with the requirements of subsection (e) of this section.
(f) The owner or operator who controls air pollutant emissions from a tank using an external floating roof shall meet the requirements specified in subsections (f)(1) through (f)(3) of this section.
(1) The owner or operator shall design the external floating roof in accordance with the following requirements:
(A) The external floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(B) The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the tank and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.
1. The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in section 66265.1081. The total area of the gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm <<super>>2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so that one end extends into the liquid in the tank and the other end extends a vertical distance of at least 61 centimeters above the liquid surface.
2. The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm <<super>>2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).
(C) The external floating roof shall meet the following specifications:
1. Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface.
2. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid.
3. Each access hatch and each gauge float well shall be equipped with a cover designed to be bolted or fastened when the cover is secured in the closed position.
4. Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.
5. Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening.
6. Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.
7. Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole.
8. Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the liquid surface from the atmosphere.
9. Each gauge hatch and each sample well shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the tank in accordance with the following requirements:
(A) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(B) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access.
(C) Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position.
(D) Automatic bleeder vents shall be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(E) Rim space vents shall be set to open only at those times that the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.
(F) The cap on the end of each unslotted guide pole shall be secured in the closed position at all times except when measuring the level or collecting samples of the liquid in the tank.
(G) The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well must be opened for access.
(H) Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except during inspections.
(3) The owner or operator shall inspect the external floating roof in accordance with the procedures specified as follows:
(A) The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements:
1. The owner or operator shall perform measurements of gaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years.
2. The owner or operator shall perform measurements of gaps between the tank wall and the secondary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every year.
3. If a tank ceases to hold hazardous waste for a period of 1 year or more, subsequent introduction of hazardous waste into the tank shall be considered an initial operation for the purposes of subsections (f)(3)(A)1. and (f)(3)(A)2. of this section.
4. The owner or operator shall determine the total surface area of gaps in the primary seal and in the secondary seal individually using the following procedure:
a. The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports.
b. Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the tank and measure the circumferential distance of each such location.
c. For a seal gap measured under subsection (f)(3) of this section, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.
d. The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal diameter of the tank. These total gap areas for the primary seal and secondary seal are then compared to the respective standards for the seal type as specified in subsection (f)(1)(B) of this section.
5. In the event that the seal gap measurements do not conform to the specifications in subsection (f)(1)(B) of this section, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
6. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66265.1090(b).
(B) The owner or operator shall visually inspect the external floating roof in accordance with the following requirements:
1. The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: Holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
2. The owner or operator shall perform an initial inspection of the external floating roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (l ) of this section.
3. In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
4. The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66265.1090(b).
(C) Prior to each inspection required by subsection (f)(3)(A) or (f)(3)(B) of this section, the owner or operator shall notify the Department in advance of each inspection to provide the Department with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Department of the date and location of the inspection as follows:
1. Prior to each inspection to measure external floating roof seal gaps as required under subsection (f)(3)(A) of this section, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before the date the measurements are scheduled to be performed.
2. Prior to each visual inspection of an external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Department at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subsection (f)(3)(C)3. of this section.
3. When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Department as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Department at least 7 calendar days before refilling the tank.
(4) Safety devices, as defined in section 66260.10, may be installed and operated as necessary on any tank complying with the requirements of subsection (f) of this section.
(g) The owner or operator who controls air pollutant emissions from a tank by venting the tank to a control device shall meet the requirements specified in subsections (g)(1) through (g)(3) of this section.
(1) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements:
(A) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank.
(B) Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions.
(C) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: Organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(D) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66265.1088.
(2) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except as follows:
(A) Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times:
1. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
2. To remove accumulated sludge or other residues from the bottom of a tank.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(A) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in section 66265.1088.
(C) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the tank becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (l ) of this section.
(D) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (k) of this section.
(E) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66265.1090(b).
(h) The owner or operator who controls air pollutant emissions by using a pressure tank shall meet the following requirements.
(1) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity.
(2) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in section 66265.1084(d).
(3) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under either of the following conditions as specified in paragraph (h)(3)(A) or (h)(3)(B) of this section.
(A) At those times when opening of a safety device, as defined in section 66260.10, is required to avoid an unsafe condition.
(B) At those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of section 66265.1088.
(i) The owner or operator who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in subsections (i)(1) through (i)(4) of this section.
(1) The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, Appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(2) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in section 66265.1088.
(3) Safety devices, as defined in section 66260.10 may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements of subsections (i)(1) and (i)(2) of this section.
(4) The owner or operator shall inspect and monitor the closed-vent system and control device as specified in section 66265.1088.
(j) The owner or operator shall transfer hazardous waste to a tank subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in subsection (j)(2) of this section, to the tank from another tank subject to this section or from a surface impoundment subject to section 66265.1086 shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the hazardous waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR--National Emission Standards for Individual Drain Systems.
(2) The requirements of subsection (j)(1) of this section do not apply when transferring a hazardous waste to the tank under any of the following conditions:
(A) The hazardous waste meets the average VO concentration conditions specified in section 66265.1083(c)(1) at the point of waste origination.
(B) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in section 66265.1083(c)(2).
(C) The hazardous waste meets the requirements of section 66265.1083(c)(4).
(k) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subsections (c)(4), (e)(3), (f)(3), or (g)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subsection (k)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous waste normally managed in the tank. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.
(l ) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this article, subsequent inspection and monitoring may be performed at intervals longer than 1 year under the following special conditions:
(1) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the owner or operator may designate a cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
(A) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
(B) Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable section of this article, as frequently as practicable during those times when a worker can safely access the cover.
(2) In the case when a tank is buried partially or entirely underground, an owner or operator is required to inspect and monitor, as required by the applicable provisions of this section, only those portions of the tank cover and those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 265.1085. 
  
 



s 66265.1086. Standards: Surface Impoundments.
 (a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which section 66265.1083(b) references the use of this section for such air emission control.
(b) The owner or operator shall control air pollutant emissions from the surface impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance with the provisions specified in subsection (c) of this section; or
(2) A cover that is vented through a closed-vent system to a control device in accordance with the requirements specified in subsection (d) of this section.
(c) The owner or operator who controls air pollutant emissions from a surface impoundment using a floating membrane cover shall meet the requirements specified in subsections (c)(1) through (c)(3) of this section.
(1) The surface impoundment shall be equipped with a floating membrane cover designed to meet the following specifications:
(A) The floating membrane cover shall be designed to float on the liquid surface during normal operations and form a continuous barrier over the entire surface area of the liquid.
(B) The cover shall be fabricated from a synthetic membrane material that is either:
1. High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (mm); or
2. A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in subsection (c)(1)(B)1. of this section and chemical and physical properties that maintain the material integrity for the intended service life of the material.
(C) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings.
(D) Except as provided for in subsection (c)(1)(E) of this section, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device.
(E) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal.
(F) The closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed.
(2) Whenever a hazardous waste is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position except as follows:
(A) Opening of closure devices or removal of the cover is allowed at the following times:
1. To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly replace the cover and secure the closure device in the closed position, as applicable.
2. To remove accumulated sludge or other residues from the bottom of surface impoundment.
(B) Opening of a safety device, as defined in section 66260.10 is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect the floating membrane cover in accordance with the following procedures:
(A) The floating membrane cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The owner or operator shall perform an initial inspection of the floating membrane cover and its closure devices on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (g) of this section.
(C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (f) of this section.
(D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66265.1090(c).
(d) The owner or operator who controls air pollutant emissions from a surface impoundment using a cover vented to a control device shall meet the requirements specified in subsections (d)(1) through (d)(3) of this section.
(1) The surface impoundment shall be covered by a cover and vented directly through a closed-vent system to a control device in accordance with the following requirements:
(A) The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the surface impoundment.
(B) Each opening in the cover not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions using the procedure specified in section 66265.1084(d).
(C) The cover and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and will maintain the integrity of the cover and closure devices throughout their intended service life. Factors to be considered when selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the cover is installed.
(D) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66265.1088.
(2) Whenever a hazardous waste is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows:
(A) Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times:
1. To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment.
2. To remove accumulated sludge or other residues from the bottom of the surface impoundment.
(B) Opening of a safety device, as defined in section 66260.10, is allowed at any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(A) The surface impoundment cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(B) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in section 66265.1088.
(C) The owner or operator shall perform an initial inspection of the air emission control equipment on or before the date that the surface impoundment becomes subject to this section. Thereafter, the owner or operator shall perform the inspections at least once every year except for the special conditions provided for in subsection (g) of this section.
(D) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (f) of this section.
(E) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in section 66265.1090(c).
(e) The owner or operator shall transfer hazardous waste to a surface impoundment subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in subsection (e)(2) of this section, to the surface impoundment from another surface impoundment subject to this section or from a tank subject to section 66265.1085 shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the waste to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR-- National Emission Standards for Individual Drain Systems.
(2) The requirements of subsection (e)(1) of this section do not apply when transferring a hazardous waste to the surface impoundment under either of the following conditions:
(A) The hazardous waste meets the average VO concentration conditions specified in section 66265.1083(c)(1) at the point of waste origination.
(B) The hazardous waste has been treated by an organic destruction or removal process to meet the requirements in section 66265.1083(c)(2).
(C) The hazardous waste meets the requirements of section 66265.1083(c)(4).
(f) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of subsection (c)(3) or (d)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subsection (f)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative capacity is available at the site to accept the hazardous waste normally managed in the surface impoundment. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the hazardous waste managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.
(g) Following the initial inspection and monitoring of the cover as required by the applicable provisions of this article, subsequent inspection and monitoring may be performed at intervals longer than 1 year in the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this case, the owner or operator may designate the cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
(2) Develop and implement a written plan and schedule to inspect and monitor the cover using the procedures specified in the applicable section of this article as frequently as practicable during those times when a worker can safely access the cover.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 265.1086.
  



s 66265.1087. Standards: Containers.
 (a) The provisions of this section apply to the control of air pollutant emissions from containers for which section 66265.1083(b) references the use of this section for such air emission control.
(b) General requirements.
(1) The owner or operator shall control air pollutant emissions from each container subject to this section in accordance with the following requirements, as applicable to the container, except when the special provisions for waste stabilization processes specified in subsection (b)(2) of this section apply to the container.
(A) For a container having a design capacity greater than 0.1 m <<super>>3 and less than or equal to 0.46 m <<super>>3, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in subsection (c) of this section.
(B) For a container having a design capacity greater than 0.46 m <<super>>3 that is not in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in subsection (c) of this section.
(C) For a container having a design capacity greater than 0.46 m <<super>>3 that is in light material service, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 2 standards specified in subsection (d) of this section.
(2) When a container having a design capacity greater than 0.1 m <<super>>3 is used for treatment of a hazardous waste by a waste stabilization process, the owner or operator shall control air pollutant emissions from the container in accordance with the Container Level 3 standards specified in subsection (e) of this section at those times during the waste stabilization process when the hazardous waste in the container is exposed to the atmosphere.
(c) Container Level 1 standards.
(1) A container using Container Level 1 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation  (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a "portable tank" or bulk cargo container equipped with a screw-type cap).
(C) An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous waste in the container such that no hazardous waste is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.
(2) A container used to meet the requirements of subsection (c)(1)(B) or  (c)(1)(C) of this section shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous waste to the atmosphere and to maintain the equipment integrity for as long as it is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices shall include: Organic vapor permeability, the effects of contact with the hazardous waste or its vapor managed in the container; the effects of outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; and the operating practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container Level 1 controls, the owner or operator shall install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
(D) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the container internal pressure in accordance with the design specifications of the container. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10 is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 1 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in section 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66265.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (c)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of the procedure used to determine that containers with capacity of 0.46 m <<super>>3 or greater, which do not meet applicable DOT regulations as specified in subsection (f) of this section, are not managing hazardous waste in light material service.
(d) Container Level 2 standards.
(1) A container using Container Level 2 controls is one of the following:
(A) A container that meets the applicable U.S. Department of Transportation  (DOT) regulations on packaging hazardous materials for transportation as specified in subsection (f) of this section.
(B) A container that operates with no detectable organic emissions as defined in section 66260.10 and determined in accordance with the procedure specified in subsection (g) of this section.
(C) A container that has been demonstrated within the preceding 12 months to be vapor-tight by using 40 CFR part 60, appendix A, Method 27 in accordance with the procedure specified in subsection (h) of this section.
(2) Transfer of hazardous waste in or out of a container using Container Level 2 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive or other hazardous materials. Examples of container loading procedures that the EPA considers to meet the requirements of this subsection include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(3) Whenever a hazardous waste is in a container using Container Level 2 controls, the owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows:
(A) Opening of a closure device or cover is allowed for the purpose of adding hazardous waste or other material to the container as follows:
1. In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
2. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first.
(B) Opening of a closure device or cover is allowed for the purpose of removing hazardous waste from the container as follows:
1. For the purpose of meeting the requirements of this section, an empty container as defined in section 66261.7(b) may be open to the atmosphere at any time (i.e., covers and closure devices are not required to be secured in the closed position on an empty container).
2. In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in section 66261.7(b), the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(C) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous waste. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container.
(D) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the internal pressure of the container in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emission when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the internal pressure of the container is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the internal pressure of the container exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations.
(E) Opening of a safety device, as defined in section 66260.10 is allowed at any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 2 controls shall inspect the containers and their covers and closure devices as follows:
(A) In the case when a hazardous waste already is in the container at the time the owner or operator first accepts possession of the container at the facility and the container is not emptied within 24 hours after the container is accepted at the facility (i.e., does not meet the conditions for an empty container as specified in section 66261.7(b)), the owner or operator shall visually inspect the container and its cover and closure devices to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. The container visual inspection shall be conducted on or before the date that the container is accepted at the facility (i.e., the date the container becomes subject to the chapter 30 container standards). For purposes of this requirement, the date of acceptance is the date of signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous Waste Manifest in the appendix to chapter 12 (EPA Forms 8700-22 and 8700-22A), as required under section 66265.71. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(B) In the case when a container used for managing hazardous waste remains at the facility for a period of 1 year or more, the owner or operator shall visually inspect the container and its cover and closure devices initially and thereafter, at least once every 12 months, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of subsection (d)(4)(C) of this section.
(C) When a defect is detected for the container, cover, or closure devices, the owner or operator shall make first efforts at repair of the defect no later than 24 hours after detection, and repair shall be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the hazardous waste shall be removed from the container and the container shall not be used to manage hazardous waste until the defect is repaired.
(e) Container Level 3 standards.
(1) A container using Container Level 3 controls is one of the following:
(A) A container that is vented directly through a closed-vent system to a control device in accordance with the requirements of subsection (e)(2)(B) of this section.
(B) A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device in accordance with the requirements of subsections (e)(2)(A) and (e)(2)(B) of this section.
(2) The owner or operator shall meet the following requirements, as applicable to the type of air emission control equipment selected by the owner or operator:
(A) The container enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T-- Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of containers through the enclosure by conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(B) The closed-vent system and control device shall be designed and operated in accordance with the requirements of section 66265.1088.
(3) Safety devices, as defined in section 66260.10 may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with the requirements of subsection (e)(1) of this section.
(4) Owners and operators using Container Level 3 controls in accordance with the provisions of this article shall inspect and monitor the closed-vent systems and control devices as specified in section 66265.1088.
(5) Owners and operators that use Container Level 3 controls in accordance with the provisions of this article shall prepare and maintain the records specified in section 66265.1090(d).
(6) Transfer of hazardous waste in or out of a container using Container Level 3 controls shall be conducted in such a manner as to minimize exposure of the hazardous waste to the atmosphere, to the extent practical, considering the physical properties of the hazardous waste and good engineering and safety practices for handling flammable, ignitable, explosive, reactive, or other hazardous materials. Examples of container loading procedures that the EPA considers to meet the requirements of this paragraph include using any one of the following: A submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced for the container during filling operations; or a fitted opening in the top of a container through which the hazardous waste is filled and subsequently purging the transfer line before removing it from the container opening.
(f) For the purpose of compliance with subsection (c)(1)(A) or (d)(1)(A) of this section, containers shall be used that meet the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as follows:
(1) The container meets the applicable requirements specified in 49 CFR part 178--Specifications for Packaging or 49 CFR part 179--Specifications for Tank Cars.
(2) Hazardous waste is managed in the container in accordance with the applicable requirements specified in 49 CFR part 107, subpart B-- Exemptions; 49 CFR part 172--Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173--Shippers--General Requirements for Shipments and Packages; and 49 CFR part 180--Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this article, no exceptions to the 49 CFR part 178 or part 179 regulations are allowed except as provided for in subsection (f)(4) of this section.
(4) For a lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this article, an owner or operator may comply with the exceptions for combination packagings specified in 49 CFR 173.12(b).
(g) To determine compliance with the no detectable organic emissions requirements of subsection (d)(1)(B) of this section, the procedure specified in section 66265.1084(d) shall be used.
(1) Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the container, its cover, and associated closure devices, as applicable to the container, shall be checked. Potential leak interfaces that are associated with containers include, but are not limited to: The interface of the cover rim and the container wall; the periphery of any opening on the container or container cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve.
(2) The test shall be performed when the container is filled with a material having a volatile organic concentration representative of the range of volatile organic concentrations for the hazardous wastes expected to be managed in this type of container. During the test, the container cover and closure devices shall be secured in the closed position.
(h) Procedure for determining a container to be vapor-tight using Method 27 of  40 CFR part 60, appendix A for the purpose of complying with subsection (d)(1)(C) of this section.
(1) The test shall be performed in accordance with Method 27 of 40 CFR part 60, appendix A of this chapter.
(2) A pressure measurement device shall be used that has a precision of +2.5 mm water and that is capable of measuring above the pressure at which the container is to be tested for vapor tightness.
(3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is determined to be vapor-tight.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 265.1087. 
  
 



s 66265.1088. Standards: Closed-Vent Systems and Control Devices.
 (a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this article.
(b) The closed-vent system shall meet the following requirements:
(1) The closed-vent system shall route the gases, vapors, and fumes emitted from the hazardous waste in the waste management unit to a control device that meets the requirements specified in subsection (c) of this section.
(2) The closed-vent system shall be designed and operated in accordance with the requirements specified in section 66265.1033(j).
(3) In the case when the closed-vent system includes bypass devices that could be used to divert the gas or vapor stream to the atmosphere before entering the control device, each bypass device shall be equipped with either a flow indicator as specified in subsection (b)(3)(A) of this section or a seal or locking device as specified in subsection (b)(3)(B) of this section. For the purpose of complying with this subsection, low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure relief valves, and other fittings used for safety purposes are not considered to be bypass devices.
(A) If a flow indicator is used to comply with subsection (b)(3) of this section, the indicator shall be installed at the inlet to the bypass line used to divert gases and vapors from the closed-vent system to the atmosphere at a point upstream of the control device inlet. For this subsection, a flow indicator means a device which indicates the presence of either gas or vapor flow in the bypass line.
(B) If a seal or locking device is used to comply with subsection (b)(3) of this section, the device shall be placed on the mechanism by which the bypass device position is controlled (e.g., valve handle, damper lever) when the bypass device is in the closed position such that the bypass device cannot be opened without breaking the seal or removing the lock. Examples of such devices include, but are not limited to, a car-seal or a lock-and-key configuration valve. The owner or operator shall visually inspect the seal or closure mechanism at least once every month to verify that the bypass mechanism is maintained in the closed position.
(4) The closed-vent system shall be inspected and monitored by the owner or operator in accordance with the procedure specified in section 66265.1033(k).
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(A) A control device designed and operated to reduce the total organic content of the inlet vapor stream vented to the control device by at least 95 percent by weight;
(B) An enclosed combustion device designed and operated in accordance with the requirements of section 66265.1033(c); or
(C) A flare designed and operated in accordance with the requirements of section 66265.1033(d).
(2) The owner or operator who elects to use a closed-vent system and control device to comply with the requirements of this section shall comply with the requirements specified in subsections (c)(2)(A) through (c)(2)(F) of this section.
(A) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year.
(B) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during periods of planned routine maintenance.
(C) The specifications and requirements in subsections (c)(1)(A), (c)(1)(B), and (c)(1)(C) of this section for control devices do not apply during a control device system malfunction.
(D) The owner or operator shall demonstrate compliance with the requirements of subsection (c)(2)(A) of this section (i.e., planned routine maintenance of a control device, during which the control device does not meet the specifications of subsections (c)(1)(A), (c)(1)(B), or (c)(1)(C) of this section, as applicable, shall not exceed 240 hours per year) by recording the information specified in section 66265.1090(e)(1)(E).
(E) The owner or operator shall correct control device system malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of air pollutants.
(F) The owner or operator shall operate the closed-vent system such that gases, vapors, and/or fumes are not actively vented to the control device during periods of planned maintenance or control device system malfunction (i.e., periods when the control device is not operating or not operating normally) except in cases when it is necessary to vent the gases, vapors, or fumes to avoid an unsafe condition or to implement malfunction corrective actions or planned maintenance actions.
(3) The owner or operator using a carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the following requirements:
(A) Following the initial startup of the control device, all activated carbon in the control device shall be replaced with fresh carbon on a regular basis in accordance with the requirements of section 66265.1033(g) or section 66265.1033(h).
(B) All carbon that is a hazardous waste and that is removed from the control device shall be managed in accordance with the requirements of section 66265.1033(m), regardless of the average volatile organic concentration of the carbon.
(4) An owner or operator using a control device other than a thermal vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with subsection (c)(1) of this section shall operate and maintain the control device in accordance with the requirements of section 66265.1033(i).
(5) The owner or operator shall demonstrate that a control device achieves the performance requirements of subsection (c)(1) of this section as follows:
(A) An owner or operator shall demonstrate using either a performance test as specified in subsection (c)(5)(C) of this section or a design analysis as specified in subsection (c)(5)(D) of this section the performance of each control device except for the following:
1. A flare;
2. A boiler or process heater with a design heat input capacity of 44 megawatts or greater;
3. A boiler or process heater into which the vent stream is introduced with the primary fuel;
4. A boiler or industrial furnace burning hazardous waste for which the owner or operator has been issued a final permit under chapter 20 and has designed and operates the unit in accordance with the requirements of chapter 16, article 8; or
5. A boiler or industrial furnace burning hazardous waste for which the owner or operator has designed and operates in accordance with the interim status requirements of chapter 16, article 8.
(B) An owner or operator shall demonstrate the performance of each flare in accordance with the requirements specified in section 66265.1033(e).
(C) For a performance test conducted to meet the requirements of subsection  (c)(5)(A) of this section, the owner or operator shall use the test methods and procedures specified in section 66265.1034(c)(1) through (c)(4).
(D) For a design analysis conducted to meet the requirements of subsection  (c)(5)(A) of this section, the design analysis shall meet the requirements specified in section 66265.1035(b)(4)(C).
(E) The owner or operator shall demonstrate that a carbon adsorption system achieves the performance requirements of subsection (c)(1) of this section based on the total quantity of organics vented to the atmosphere from all carbon adsorption system equipment that is used for organic adsorption, organic desorption or carbon regeneration, organic recovery, and carbon disposal.
(6) If the owner or operator and the Department do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of subsection (c)(5)(C) of this section. The Department may choose to have an authorized representative observe the performance test.
(7) The closed-vent system and control device shall be inspected and monitored by the owner or operator in accordance with the procedures specified in sections 66265.1033(f)(2) and 66265.1033(k). The readings from each monitoring device required by section 66265.1033(f)(2) shall be inspected at least once each operating day to check control device operation. Any necessary corrective measures shall be immediately implemented to ensure the control device is operated in compliance with the requirements of this section.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 265.1088.
  



s 66265.1089. Inspection and Monitoring Requirements.
 (a) The owner or operator shall inspect and monitor air emission control equipment used to comply with this article in accordance with the applicable requirements specified in sections 66265.1085 through 66265.1088.
(b) The owner or operator shall develop and implement a written plan and schedule to perform the inspections and monitoring required by subsection (a) of this section. The owner or operator shall incorporate this plan and schedule into the facility inspection plan required under section 66265.15.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 265.1089.
  



s 66265.1090. Recordkeeping Requirements.
 (a) Each owner or operator of a facility subject to requirements in this article shall record and maintain the information specified in subsections (b) through (j) of this section, as applicable to the facility. Except for air emission control equipment design documentation and information required by subsections (i) and (j) of this section, records required by this section shall be maintained in the operating record for a minimum of 3 years. Air emission control equipment design documentation shall be maintained in the operating record until the air emission control equipment is replaced or otherwise no longer in service. Information required by subsections (i) and (j) of this section shall be maintained in the operating record for as long as the waste management unit is not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the conditions specified in section 66265.1080(d) or section 66265.1080(b)(7) of this article, respectively.
(b) The owner or operator of a tank using air emission controls in accordance with the requirements of section 66265.1085 shall prepare and maintain records for the tank that include the following information:
(1) For each tank using air emission controls in accordance with the requirements of section 66265.1085, the owner or operator shall record:
(A) A tank identification number (or other unique identification description as selected by the owner or operator).
(B) A record for each inspection required by section 66265.1085 that includes the following information:
1. Date inspection was conducted.
2. For each defect detected during the inspection: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66265.1085 the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(2) In addition to the information required by subsection (b)(1) of this section, the owner or operator shall record the following information, as applicable to the tank:
(A) The owner or operator using a fixed roof to comply with the Tank Level 1 control requirements specified in section 66265.1085(c) shall prepare and maintain records for each determination for the maximum organic vapor pressure of the hazardous waste in the tank performed in accordance with the requirements of section 66265.1085(c). The records shall include the date and time the samples were collected, the analysis method used, and the analysis results.
(B) The owner or operator using an internal floating roof to comply with the Tank Level 2 control requirements specified in section 66265.1085(e) shall prepare and maintain documentation describing the floating roof design.
(C) Owners and operators using an external floating roof to comply with the Tank Level 2 control requirements specified in section 66265.1085(f) shall prepare and maintain the following records:
1. Documentation describing the floating roof design and the dimensions of the tank.
2. Records for each seal gap inspection required by section 66265.1085(f)(3) describing the results of the seal gap measurements. The records shall include the date that the measurements were performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in section 66265.1085(f)(1), the records shall include a description of the repairs that were made, the date the repairs were made, and the date the tank was emptied, if necessary.
(D) Each owner or operator using an enclosure to comply with the Tank Level 2 control requirements specified in section 66265.1085(i) shall prepare and maintain the following records:
1. Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
2. Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(c) The owner or operator of a surface impoundment using air emission controls in accordance with the requirements of section 66265.1086 shall prepare and maintain records for the surface impoundment that include the following information:
(1) A surface impoundment identification number (or other unique identification description as selected by the owner or operator).
(2) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment, that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 66265.1086(c).
(3) A record for each inspection required by section 66265.1086 that includes the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection the following information: The location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of section 66265.1086(f), the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected.
(4) For a surface impoundment equipped with a cover and vented through a closed-vent system to a control device, the owner or operator shall prepare and maintain the records specified in subsection (e) of this section.
(d) The owner or operator of containers using Container Level 3 air emission controls in accordance with the requirements of section 66265.1087 shall prepare and maintain records that include the following information:
(1) Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(2) Records required for the closed-vent system and control device in accordance with the requirements of subsection (e) of this section.
(e) The owner or operator using a closed-vent system and control device in accordance with the requirements of section 66265.1088 shall prepare and maintain records that include the following information:
(1) Documentation for the closed-vent system and control device that includes:
(A) Certification that is signed and dated by the owner or operator stating that the control device is designed to operate at the performance level documented by a design analysis as specified in subsection (e)(1)(B) of this section or by performance tests as specified in subsection (e)(1)(C) of this section when the tank, surface impoundment, or container is or would be operating at capacity or the highest level reasonably expected to occur.
(B) If a design analysis is used, then design documentation as specified in section 66265.1035(b)(4). The documentation shall include information prepared by the owner or operator or provided by the control device manufacturer or vendor that describes the control device design in accordance with section 66265.1035(b)(4)(C) and certification by the owner or operator that the control equipment meets the applicable specifications.
(C) If performance tests are used, then a performance test plan as specified in section 66265.1035(b)(3) and all test results.
(D) Information as required by sections 66265.1035(c)(1) and 66265.1035(c)(2), as applicable.
(E) An owner or operator shall record, on a semiannual basis, the information specified in subsections (e)(1)(E)1. and (e)(1)(E)2. of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of section 66265.1088 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6-month period. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods.
2. A description of the planned routine maintenance that was performed for the control device during the previous 6-month period. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of section 66265.1088 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable, due to planned routine maintenance.
(F) An owner or operator shall record the information specified in subsections  (e)(1)(F)1. through (e)(1)(F)3. of this section for those unexpected control device system malfunctions that would require the control device not to meet the requirements of section 66265.1088 (c)(1)(A), (c)(1)(B), or (c)(1)(C), as applicable.
1. The occurrence and duration of each malfunction of the control device system.
2. The duration of each period during a malfunction when gases, vapors, or fumes are vented from the waste management unit through the closed-vent system to the control device while the control device is not properly functioning.
3. Actions taken during periods of malfunction to restore a malfunctioning control device to its normal or usual manner of operation.
(G) Records of the management of carbon removed from a carbon adsorption system conducted in accordance with section 66265.1088(c)(3)(B).
(f) The owner or operator of a tank, surface impoundment, or container exempted from standards in accordance with the provisions of section 66265.1083(c) shall prepare and maintain the following records, as applicable:
(1) For tanks, surface impoundments, or containers exempted under the hazardous waste organic concentration conditions specified in section 66265.1083(c)(1) or sections 66265.1084(c)(2)(A) through (c)(2)(F) the owner or operator shall record the information used for each waste determination (e.g., test results, measurements, calculations, and other documentation) in the facility operating log. If analysis results for waste samples are used for the waste determination, then the owner or operator shall record the date, time, and location that each waste sample is collected in accordance with applicable requirements of section 66265.1084.
(2) For tanks, surface impoundments, or containers exempted under the provisions of sections 66265.1083(c)(2)(G) or 66265.1083(c)(2)(H), the owner or operator shall record the identification number for the incinerator, boiler, or industrial furnace in which the hazardous waste is treated.
(g) An owner or operator designating a cover as "unsafe to inspect and monitor" pursuant to sections 66265.1085(l) or 66265.1086(g) shall record in a log that is kept in the facility operating record the following information: The identification numbers for waste management units with covers that are designated as "unsafe to inspect and monitor," the explanation for each cover stating why the cover is unsafe to inspect and monitor, and the plan and schedule for inspecting and monitoring each cover.
(h) The owner or operator of a facility that is subject to this article and to the control device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect to demonstrate compliance with the applicable sections of this article by documentation either pursuant to this article, or pursuant to the provisions of 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40 CFR parts 60 or 61 duplicates the documentation required by this section.
(i) For each tank or container not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the conditions specified in section 66265.1080(d), the owner or operator shall record and maintain the following information:
(1) A list of the individual organic peroxide compounds manufactured at the facility that meet the conditions specified in section 66265.1080(d)(1).
(2) A description of how the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section are managed at the facility in tanks and containers. This description shall include the following information:
(A) For the tanks used at the facility to manage this hazardous waste, sufficient information shall be provided to describe for each tank: A facility identification number for the tank; the purpose and placement of this tank in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste managed in the tanks.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to describe: A facility identification number for the container or group of containers; the purpose and placement of this container, or group of containers, in the management train of this hazardous waste; and the procedures used to ultimately dispose of the hazardous waste handled in the containers.
(3) An explanation of why managing the hazardous waste containing the organic peroxide compounds identified in subsection (i)(1) of this section in the tanks and containers as described in subsection (i)(2) of this section would create an undue safety hazard if the air emission controls, as required under sections 66265.1085 through 66265.1088, are installed and operated on these waste management units. This explanation shall include the following information:
(A) For tanks used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the tanks would affect the tank design features and facility operating procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the tanks; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of tanks equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(B) For containers used at the facility to manage these hazardous wastes, sufficient information shall be provided to explain: How use of the required air emission controls on the containers would affect the container design features and handling procedures currently used to prevent an undue safety hazard during the management of this hazardous waste in the containers; and why installation of safety devices on the required air emission controls, as allowed under this article, will not address those situations in which evacuation of containers equipped with these air emission controls is necessary and consistent with good engineering and safety practices for handling organic peroxides.
(j) For each hazardous waste management unit not using air emission controls specified in sections 66265.1085 through 66265.1088 in accordance with the provisions of sections 66265.1080(b)(7) the owner and operator shall record and maintain the following information:
(1) Certification that the waste management unit is equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
(2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or part 63 with which the waste management unit is in compliance.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 265.1090.
  



Appendix I. to Chapter 15, Article 28.5 -Compounds with Henry's Law Constant Less Than 0.1 Y/X
                                                  Compound name,
CAS No.
Acetaldol.......................................  107-89-1
Acetamide.......................................  60-35-5
2-Acetylaminofluorene...........................  53-96-3
3-Acetyl-5-hydroxypiperidine
3-Acetylpiperidine..............................  618-42-8
1-Acetyl-2-thiourea.............................  591-08-2
Acrylamide......................................  79-06-1
Acrylic acid....................................  79-10-7
Adenine.........................................  73-24-5
Adipic acid.....................................  124-04-9
Adiponitrile....................................  111-69-3
Alachlor........................................  15972-60-8
Aldicarb........................................  116-06-3
Ametryn.........................................  834-12-8
4-Aminobiphenyl.................................  92-67-1
4-Aminopyridine.................................  504-24-5
Aniline.........................................  62-53-3
o-Anisidine.....................................  90-04-0
Anthraquinone...................................  84-65-1
Atrazine........................................  1912-24-9
Benzenearsonic acid.............................  98-05-5
Benzenesulfonic acid............................  98-11-3
Benzidine.......................................  92-87-5
Benzo(a)anthracene..............................  56-55-3
Benzo(k)fluoranthene............................  207-08-9
Benzoic acid....................................  65-85-0
Benzo(g,h,i)perylene............................  191-24-2
Benzo(a)pyrene..................................  50-32-8
Benzyl alcohol..................................  100-51-6
gamma-BHC.......................................  58-89-9
Bis(2-ethylhexyl)phthalate......................  117-81-7
Bromochloromethyl acetate.......................
Bromoxynil......................................  1689-84-5
Butyric acid....................................  107-92-6
Caprolactam (hexahydro-2H-azepin-2-one).........  105-60-2
Catechol (o-dihydroxybenzene)...................  120-80-9
Cellulose.......................................  9004-34-6
Cell wall.......................................
Chlorhydrin (3-Chloro-1,2-propanediol)..........  96-24-2
Chloroacetic acid...............................  79-11-8
2-Chloroacetophenone............................  93-76-5
p-Chloroaniline.................................  106-47-8
p-Chlorobenzophenone............................  134-85-0
Chlorobenzilate.................................  510-15-6
p-Chloro-m-cresol (6-chloro-m-cresol)...........  59-50-7
3-Chloro-2,5-diketopyrrolidine..................
Chloro-1,2-ethane diol..........................
4-Chlorophenol..................................  106-48-9
Chlorophenol polymers (2-chlorophenol
& 4-chlorophenol)...............................  95-57-8 &
                                                  106-48-9
1-(o-Chlorophenyl)thiourea......................  5344-82-1
Chrysene........................................  218-01-9
Citric acid.....................................  77-92-9
Creosote........................................  8001-58-9
m-Cresol........................................  108-39-4
o-Cresol........................................  95-48-7
p-Cresol........................................  106-44-5
Cresol (mixed isomers)..........................  1319-77-3
4-Cumylphenol...................................  27576-86
Cyanide.........................................  57-12-5
4-Cyanomethyl benzoate..........................
Diazinon........................................  333-41-5
Dibenzo(a,h)anthracene..........................  53-70-3
Dibutylphthalate................................  84-74-2
2,5-Dichloroaniline (N,N'-dichloroaniline)......  95-82-9
2,6-Dichlorobenzonitrile11......................  1194-65-6
2,6-Dichloro-4-nitroaniline.....................  99-30-9
2,5-Dichlorophenol..............................  333-41-5
3,4-Dichlorotetrahydrofuran.....................  3511-19
Dichlorvos (DDVP)...............................  62737
Diethanolamine..................................  111-42-2
N,N-Diethylaniline..............................  91-66-7
Diethylene glycol...............................  111-46-6
Diethylene glycol dimethyl ether
(dimethyl Carbitol).............................  111-96-6
Diethylene glycol monobutyl ether
(butyl Carbitol)................................  112-34-5
Diethylene glycol monoethyl ether acetate
(Carbitol acetate)..............................  112-15-2
Diethylene glycol monoethyl ether
(Carbitol Cellosolve)...........................  111-90-0
Diethylene glycol monomethyl ether
(methyl Carbitol)...............................  111-77-3
N,N'-Diethylhydrazine...........................  1615-80-1
Diethyl (4-methylumbelliferyl)
thionophosphate.................................  299-45-6
Diethyl phosphorothioate........................  126-75-0
N,N'-Diethylpropionamide........................  15299-99-7
Dimethoate......................................  60-51-5
2,3-Dimethoxystrychnidin-10-one.................  357-57-3
4-Dimethylaminoazobenzene.......................  60-11-7
7,12-Dimethylbenz(a)anthracene..................  57-97-6
3,3-Dimethylbenzidine...........................  119-93-7
Dimethylcarbamoyl chloride......................  79-44-7
Dimethyldisulfide...............................  624-92-0
Dimethylformamide...............................  68-12-2
1,1-Dimethylhydrazine...........................  57-14-7
Dimethylphthalate...............................  131-11-3
Dimethylsulfone.................................  67-71-0
Dimethylsulfoxide...............................  67-68-5
4,6-Dinitro-o-cresol............................  534-52-1
1,2-Diphenylhydrazine...........................  122-66-7
Dipropylene glycol (1,1'-oxydi-2-propanol)......  110-98-5
Endrin..........................................  72-20-8
Epinephrine.....................................  51-43-4
mono-Ethanolamine...............................  141-43-5
Ethyl carbamate (urethane)......................  5-17-96
Ethylene glycol.................................  107-21-1
Ethylene glycol monobutyl ether (butyl
Cellosolve).....................................  111-76-2
Ethylene glycol monoethyl ether (Cellosolve)....  110-80-5
Ethylene glycol monoethyl ether acetate
(Cellosolve acetate)............................  111-15-9
Ethylene glycol monomethyl ether (methyl
Cellosolve).....................................  109-86-4
Ethylene glycol monophenyl ether (phenyl
Cellosolve).....................................  122-99-6
Ethylene glycol monopropyl ether (propyl
Cellosolve).....................................  2807-30-9
Ethylene thiourea (2-imidazolidinethione).......  9-64-57
4-Ethylmorpholine...............................  100-74-3
3-Ethylphenol...................................  620-17-7
Fluoroacetic acid, sodium salt..................  62-74-8
Formaldehyde....................................  50-00-0
Formamide.......................................  75-12-7
Formic acid.....................................  64-18-6
Fumaric acid....................................  110-17-8
Glutaric acid...................................  110-94-1
Glycerin (Glycerol).............................  56-81-5
Glycidol........................................  556-52-5
Glycinamide.....................................  598-41-4
Glyphosate......................................  1071-83-6
Guthion.........................................  86-50-0
Hexamethylene-1,6-diisocyanate
(1,6-diisocyanatohexane)........................  822-06-0
Hexamethyl phosphoramide........................  680-31-9
Hexanoic acid...................................  142-62-1
Hydrazine.......................................  302-01-2
Hydrocyanic acid................................  74-90-8
Hydroquinone....................................  123-31-9
Hydroxy-2-propionitrile (hydracrylonitrile).....  109-78-4
Indeno (1,2,3-cd) pyrene........................  193-39-5
 Lead acetate...................................  301-04-2
 Lead subacetate (lead acetate, monobasic)......  1335-32-6
 Leucine........................................  61-90-5
Malathion.......................................  121-75-5
Maleic acid.....................................  110-16-7
Maleic anhydride................................  108-31-6
Mesityl oxide...................................  141-79-7
Methane sulfonic acid...........................  75-75-2
Methomyl........................................  16752-77-5
p-Methoxyphenol.................................  150-76-5
Methyl acrylate.................................  96-33-3
4,4'-Methylene-bis-(2-chloroaniline)............  101-14-4
4,4'-Methylenediphenyl diisocyanate
(diphenyl methane diisocyanate).................  101-68-8
4,4'-Methylenedianiline.........................  101-77-9
Methylene diphenylamine (MDA)...................
5-Methylfurfural................................  620-02-0
Methylhydrazine.................................  60-34-4
Methyliminoacetic acid..........................
Methyl methane sulfonate........................  66-27-3
1-Methyl-2-methoxyaziridine.....................
Methylparathion.................................  298-00-0
Methyl sulfuric acid (sulfuric acid, dimethyl
ester)..........................................  77-78-1
4-Methylthiophenol..............................  106-45-6
Monomethylformamide (N-methylformamide).........  123-39-7
Nabam...........................................  142-59-6
alpha-Naphthol..................................  90-15-3
beta-Naphthol...................................  135-19-3
alpha-Naphthylamine.............................  134-32-7
beta-Naphthylamine..............................  91-59-8
Neopentyl glycol (dimethylolpropane)............  126-30-7
Niacinamide.....................................  98-92-0
o-Nitroaniline..................................  88-74-4
Nitroglycerin...................................  55-63-0
2-Nitrophenol...................................  88-75-5
4-Nitrophenol...................................  100-02-7
N-Nitrosodimethylamine..........................  62-75-9
Nitrosoguanidine................................  674-81-7
N-Nitroso-n-methylurea..........................  684-93-5
N-Nitrosomorpholine (4-nitrosomorpholine).......  59-89-2
Oxalic acid.....................................  144-62-7
Parathion.......................................  56-38-2
Pentaerythritol.................................  115-77-5
Phenacetin......................................  62-44-2
Phenol..........................................  108-95-2
Phenylacetic acid...............................  103-82-2
m-Phenylene diamine.............................  108-45-2
o-Phenylene diamine.............................  95-54-5
p-Phenylene diamine.............................  106-50-3
Phenyl mercuric acetate.........................  62-38-4
Phorate.........................................  298-02-2
Phthalic anhydride..............................  85-44-9
alpha-Picoline (2-methyl pyridine)..............  109-06-8
1,3-Propane sulfone.............................  1120-71-4
beta-Propiolactone..............................  57-57-8
Proporur (Baygon)...............................
Propylene glycol................................  57-55-6
Pyrene..........................................  129-00-0
Pyridinium bromide..............................  39416-48-3
Quinoline.......................................  91-22-5
Quinone (p-benzoquinone)........................  106-51-4
Resorcinol......................................  108-46-3
Simazine........................................  122-34-9
Sodium acetate..................................  127-09-3
Sodium formate..................................  141-53-7
Strychnine......................................  57-24-9
Succinic acid...................................  110-15-6
Succinimide.....................................  123-56-8
Sulfanilic acid.................................  121-47-1
Terephthalic acid...............................  100-21-0
Tetraethyldithiopyrophosphate...................  3689-24-5
Tetraethylenepentamine..........................  112-57-2
Thiofanox.......................................  39196-18-4
Thiosemicarbazide...............................  79-19-6
2,4-Toluenediamine..............................  95-80-7
2,6-Toluenediamine..............................  823-40-5
3,4-Toluenediamine..............................  496-72-0
2,4-Toluene diisocyanate........................  584-84-9
p-Toluic acid...................................  99-94-5
m-Toluidine.....................................  108-44-1
1,1,2-Trichloro-1,2,2-trifluoroethane...........  76-13-1
Triethanolamine.................................  102-71-6
Triethylene glycol dimethyl ether...............
Tripropylene glycol.............................  24800-44-0
Warfarin........................................  81-81-2
3,4-Xylenol(3,4-dimethylphenol).................  95-65-8
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245 and  58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR Appendix VI, Part 265.
  



s 66265.1100. Applicability.
The requirements of this article apply to owners or operators who store or treat hazardous waste in units designed and operated under section 66265.1101. These provisions will become effective on February 18, 1993, although the owner or operator may notify the Department of the owner or operator's intent to be bound by this article at an earlier time. The owner or operator is not subject to the definition of land disposal in section 66260.10 provided that the unit:
(a) Is a completely enclosed, self-supporting structure that is designed and constructed of manmade materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls;
(b) Has a primary barrier that is designed to be sufficiently durable to withstand the movement of personnel, wastes, and handling equipment within the unit;
(c) If the unit is used to manage liquids, has:
(1) A primary barrier designed and constructed of materials to prevent migration of hazardous constituents into the barrier;
(2) A liquid collection system designed and constructed of materials to minimize the accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed and constructed of materials to prevent migration of hazardous constituents into the barrier, with a leak detection and liquid collection system capable of detecting, collecting, and removing leaks of hazardous constituents at the earliest possible time, unless the unit has been granted a variance from the secondary containment system requirements of section 66265.1101(b)(4);
(d) Has controls sufficient to prevent fugitive dust emissions to meet the no visible emission standard in section 66265.1101(c)(1)(D); and
(e) Is designed and operated to ensure containment and prevent the tracking of materials from the unit by personnel or equipment.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 265.1100. 
  
 



s 66265.1101. Design and Operating Standards.
 (a) All containment buildings shall comply with the following design standards:
(1) The containment buildings shall be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g., precipitation, wind, runon), and to assure containment of managed wastes.
(2) The floor and containment walls of the unit, including the secondary containment system, if required under subsection (b) of this section, shall be designed and constructed of materials of sufficient strength and thickness to support themselves, the waste contents, and any personnel and heavy equipment that operate within the unit, and to prevent failure due to pressure gradients, settlement, compression, or uplift, physical contact with the hazardous wastes to which they are exposed; climatic conditions; and the stresses of daily operation, including the movement of heavy equipment within the unit and contact of such equipment with containment walls. The unit shall be designed so that it has sufficient structural strength to prevent collapse or other failure. All surfaces to be in contact with hazardous wastes shall be chemically compatible with those wastes. The Department will consider standards established by professional organizations generally recognized by the industry such as the American Concrete Institute (ACI) and the American Society of Testing Materials (ASTM) in judging the structural integrity requirements of this subsection. If appropriate to the nature of the waste management operation to take place in the unit, an exception to the structural strength requirement may be made for light-weight doors and windows that meet these criteria:
(A) They provide an effective barrier against fugitive dust emissions under subsection (c)(1)(D); and
(B) The unit is designed and operated in a fashion that assures that wastes will not actually come in contact with these openings.
(3) Incompatible hazardous wastes or treatment reagents shall not be placed in the unit or its secondary containment system if they could cause the unit or secondary containment system to leak, corrode, or otherwise fail.
(4) A containment building shall have a primary barrier designed to withstand the movement of personnel, waste, and handling equipment in the unit during the operating life of the unit and appropriate for the physical and chemical characteristics of the waste to be managed.
(b) For a containment building used to manage hazardous wastes containing free liquids or treated with free liquids (the presence of which is determined by the paint filter test, a visual examination, or other appropriate means), the owner or operator shall include:
(1) A primary barrier designed and constructed of materials to prevent the migration of hazardous constituents into the barrier (e.g. a geomembrane covered by a concrete wear surface);
(2) A liquid collection and removal system to prevent the accumulation of liquid on the primary barrier of the containment building:
(A) The primary barrier shall be sloped to drain liquids to the associated collection system; and
(B) Liquids and waste shall be collected and removed to minimize hydraulic head on the containment system at the earliest practicable time that protects human health and the environment;
(3) A secondary containment system including a secondary barrier designed and constructed to prevent migration of hazardous constituents into the barrier, and a leak detection system that is capable of detecting failure of the primary barrier and collecting accumulated hazardous wastes and liquids at the earliest practicable time.
(A) The requirements of the leak detection component of the secondary containment system are satisfied by installation of a system that is, at a minimum:
1. Constructed with a bottom slope of 1 percent or more; and
2. Constructed of a granular drainage material with a hydraulic conductivity of 1X10 [FN-2]  cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of synthetic or geonet drainage materials with a transmissivity of 3X10 [FN-5]  m [FN2] /sec or more.
(B) If treatment is to be conducted in the building, an area in which such treatment will be conducted shall be designed to prevent the release of liquids, wet materials, or liquid aerosols to other portions of the building.
(C) The secondary containment system shall be constructed of materials that are chemically resistant to the waste and liquids managed in the containment building and of sufficient strength and thickness to prevent collapse under the pressure exerted by overlaying materials and by any equipment used in the containment building. (Containment buildings can serve as secondary containment systems for tanks placed within the building under certain conditions. A containment building can serve as an external liner system for a tank, provided it meets the requirements of section 66265.193(d)(1). In addition, the containment building shall meet the requirements of section 66265.193(b) and (c) to be considered an acceptable secondary containment system for a tank.)
(c) Owners or operators of all containment buildings shall:
(1) Use controls and practices to ensure containment of the hazardous waste within the unit; and, at a minimum,
(A) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other deterioration that could cause hazardous waste to be released from the primary barrier;
(B) Maintain the level of the stored/treated hazardous waste within the containment walls of the unit so that the height of any containment wall is not exceeded;
(C) Take measures to prevent the tracking of hazardous waste out of the unit by personnel or by equipment used in handling the waste. An area shall be designated to decontaminate equipment and any rinsate shall be collected and properly managed; and
(D) Take measures to control fugitive dust emissions such that any openings  (doors, windows, vents, cracks, etc.) exhibit no visible emissions  In addition, all associated particulate collection devices (e.g., fabric filter, electrostatic precipitator) shall be operated and maintained with sound air pollution control practices (see 40 CFR part 60 subpart 292 for guidance). This state of no visible emissions shall be maintained effectively at all times during normal operating conditions, including when vehicles and personnel are entering and exiting the unit;
(2) Obtain certification by a qualified  registered professional engineer that the containment building design meets the requirements of paragraphs (a) through (c) of this section. For units placed into operation prior to February 18, 1993, this certification shall be placed in the facility's operating record (on-site files for generators who are not formally required to have operating records) no later than 60 days after the date of initial operation of the unit. After February 18, 1993, PE certification will be required prior to operation of the unit;
(3) Throughout the active life of the containment building, if the owner or operator detects a condition that could lead to or has caused a release of hazardous waste, shall repair the condition promptly, in accordance with the following procedures.
(A) Upon detection of a condition that has lead to a release of hazardous waste (e.g., upon detection of leakage from the primary barrier) the owner or operator shall:
1. Enter a record of the discovery in the facility operating record;
2. Immediately remove the portion of the containment building affected by the condition from service;
3. Determine what steps shall be taken to repair the containment building, remove any leakage from the secondary collection system, and establish a schedule for accomplishing the cleanup and repairs; and
4. Within 7 days after the discovery of the condition, notify the Department of the condition, and within 14 working days, provide a written notice to the Department with a description of the steps taken to repair the containment building, and the schedule for accomplishing the work,
(B) The Department will review the information submitted, make a determination regarding whether the containment building shall be removed from service completely or partially until repairs and cleanup are complete, and notify the owner or operator of the determination and the underlying rationale in writing.
(C) Upon completing all repairs and cleanup the owner or operator shall notify the Department in writing and provide a verification signed by a qualified, registered professional engineer, that the repairs and cleanup have been completed according to the written plan submitted in accordance with subsection (c)(3)(A)4; and
(4) Inspect and record in the facility's operating record, at least once every seven days, data gathered from monitoring equipment and leak detection equipment as well as the containment building and the area immediately surrounding the containment building to detect signs of releases of hazardous waste.
(d) For containment buildings that contain areas both with and without secondary containment, the owner or operator shall:
(1) Design and operate each area in accordance with the requirements enumerated in paragraphs (a) through (c) of this section;
(2) Take measures to prevent the release of liquids or wet materials into areas without secondary containment; and
(3) Maintain in the facility's operating log a written description of the operating procedures used to maintain the integrity of areas without secondary containment.
(e) Notwithstanding any other provision of this article, the Department may waive requirements for secondary containment for a permitted containment building where the owner or operator demonstrates that the only free liquids in the unit are limited amounts of dust suppression liquids required to meet occupational health and safety requirements, and where containment of managed wastes and liquids can be assured without a secondary containment system.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 265.1101. 
  
 



s 66265.1102. Closure and Post-Closure Care.
 (a) At closure of a containment building, the owner or operator shall remove or decontaminate all waste residues, contaminated containment system components (liners, etc.,) contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as hazardous waste unless section 66261.3(d) applies. The closure plan, closure activities, cost estimates for closure, and financial responsibility for containment buildings shall meet all of the requirements specified in articles 7 and 8 of this chapter.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to effect removal or decontamination of contaminated components, subsoils, structures, and equipment as required in subsection (a) of this section, the owner or operator finds that not all contaminated subsoils can be practicably removed or decontaminated, the owner or operator shall close the facility and perform post-closure care in accordance with the closure and post-closure requirements that apply to landfills (section 66265.310). In addition, for the purposes of closure, post-closure, and financial responsibility, such a containment building is then considered to be a landfill, and the owner or operator shall meet all of the requirements for landfills specified in articles 7 and 8 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 265.1102. 
  
 



s 66265.1103 - 66265.1110. [Reserved].
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code and 40 CFR Sections 265.1102 and 265.1103-265.1110.

 



s 66266.1. Justification Statement for Disposal of a Recyclable Hazardous Waste.
 (a) Within 365 days of the disposal of a recyclable hazardous waste listed in section 66266.2, the Department may request the generator of such hazardous waste to provide the Department with a written statement justifying having not recycled the recyclable hazardous waste. A generator requested to provide such a statement shall comply within 30 days of the Department's written request.
(b) The Department's request for a statement from the generator pursuant to subdivision (a) above shall cite a special property or component of the hazardous waste and a possible use or method of recycling the hazardous waste that the Department considers economically and technologically feasible.
(c) The statement from the generator pursuant to subdivision (a) above that justifies having not recycled a recyclable hazardous waste shall include, at a minimum, the following information:
(1) the general description, source, chemical composition, physical state, and amount of the recyclable hazardous waste;
(2) the amount of similar hazardous waste discarded or recycled during the 365- day period preceding the disposal in question;
(3) an estimate of the amount of similar hazardous waste to be generated by the generator in the 365-day period succeeding the disposal in question;
(4) a summary of efforts made to find a use for the recyclable hazardous waste such as the following:
(A) use without processing;
(B) use after processing to remove or modify undesired impurities;
(C) use as a source of energy by the generator or by another person;
(5) the technologic, economic and other reasons for not recycling the recyclable hazardous waste, taking into account relevant factors, which may include any of the following:
(A) the available amount and the storability of the recyclable hazardous waste;
(B) chemical, physical, toxicological or other properties of the recyclable hazardous waste which might affect its recyclability;
(C) the concentration or recoverability of the chemical component, chemical reactivity, fuel value or other attribute cited by the Department pursuant to subdivision (b) above which may determine the feasibility of recycling the hazardous waste;
(D) the processing required in recycling the recyclable hazardous waste and the availability and cost of suitable processing technology and facilities;
(E) the marketability of the recyclable hazardous waste or its reclaimed components in terms of the distance from the recyclable hazardous waste source to the point of use or reclamation, the costs of handling and transport, and the current market prices for the individual waste components as pure or technical grade materials;
(F) copies of the diligent investigation or environmental audit of the facility or facilities that could have potentially recycled the recyclable hazardous waste; and/or
(G) any other information pertaining to the facility or facilities that could have potentially recycled the recyclable hazardous waste that influenced or formed the basis of the generator's decision to dispose of the recyclable hazardous waste.
(d) The justification statement shall identify all information contained therein that the generator believes is a trade secret as defined in Health and Safety Code sections 25173 and 25358.2. It is the obligation of the generator claiming the trade secret to substantiate the claim. The Department shall notify the generator when the Department has made its determination regarding the generator's claim that certain information contained in the statement submitted to the Department pursuant to this section is a trade secret.
(e) The Department shall notify the generator, in writing within ninety (90) days, of its findings after it has reviewed the generator's justification statement.
(f) A generator who disposes of a recyclable hazardous waste (at least 30 days after the generator receives a notice of the Department's finding that the hazardous waste is economically and technologically feasible to recycle) is subject to five times the disposal fee that would otherwise apply to the disposal of that hazardous waste.
 
  Note: Authority cited: Sections 25150 and 25175, Health and Safety Code. Reference: Sections 25159.5 and 25175, Health and Safety Code. 
  
 



s 66266.2. List of Recyclable Hazardous Wastes.
 (a) Wastes on the list of Recyclable Hazardous Wastes in subdivision (b) are wastes which the Department finds to be both economically and technologically feasible to recycle.
(b) List of Recyclable Hazardous Wastes
acetone
benzene
butanol
carbon tetrachloride
chloroform
ethanol
ethyl acetate
ethylene glycol (used antifreeze)
Freons
hexanes
lead-acid batteries
methanol
methylene dichloride
methyl ethyl ketone
mixed hydrocarbon solvents
paint thinner
perchloroethylene
trichloroethane
toluene
xylenes
used oil
 
  Note: Authority cited: Sections 25150 and 25175, Health and Safety Code. Reference: Sections 25159.5 and 25175, Health and Safety Code. 
  
 



s 66266.3. Requirements for Generator of Recyclable Material.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25143.2, 25153, 25154, 25159.5 and 25170, Health and Safety Code. 
  
 



s 66266.4. Requirements for Transporter of Recyclable Material.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25143.2, 25154, 25159.5 and 25170, Health and Safety Code. 
  
 



s 66266.5. Requirements for Operator of a Resource Recovery Facility.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25143.2, 25154, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66266.6. Exclusions.
 (a) The following materials are not regulated under this division:
(1) a product for use in agriculture that was processed from a non-RCRA hazardous waste at a facility which is authorized by the Department pursuant to this division and which is licensed by the California Department of Food and Agriculture pursuant to Food and Agricultural Code sections 14551 or 15051, and that meets the requirements of that Department for such use;
(2) surplus material as defined in section 66260.10.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 14551 and 15051, Food and Agricultural Code; and Section 25170, Health and Safety Code. 
  
 



s 66266.7. Series A Resource Recovery Facility Permit.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66266.8. Series B Resource Recovery Facility Permit.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66266.9. Series C Resource Recovery Facility Permit.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66266.10. Criteria for Compliance.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66266.11. General Provisions for Resource Recovery Facilities.
 (a) No person shall create, manufacture, or produce from a hazardous waste, a product which poses a hazard to health, safety or the environment under the circumstances of its intended use.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66266.12. Requirements for Persons Who Store and/or Recycle Recyclable Materials.
 
  Note: Authority cited: Sections 208,  25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 261.6. 
  
 



s 66266.20. Applicability.
This article applies to recyclable materials that, in the course of being recycled, are placed on the land, either without mixing with other materials or after mixing with other materials. These recyclable materials are considered to be: "used in a manner constituting disposal" pursuant to subdivisions (e)(1) and (e)(2) of section 25143.2 of the Health and Safety Code.
 
  Note: Authority cited: Sections 25143.2(e)(2) and 25150(e), Health and Safety Code. Reference: Sections 25143.2(f), 25150(e), 25170(i) and 25244.1, Health and Safety Code. 
  
 



s 66266.21. Requirements.
 (a) Recyclable materials that are placed on the land are regulated as hazardous wastes according to this division and Chapter 6.5, Division 20 of the Health and Safety Code, unless the requirements of subdivision (b) of this section are met.
(b) Recyclable materials that are placed on the land and which meet all applicable requirements for exclusion from classification as a waste or for an exemption set forth in section 25143.2 of the Health and Safety Code (HSC), except for the requirement set forth in HSC section 25143.2(e)(2), shall not be regulated pursuant to HSC section 25143.2(e)(2) if the following requirements are met.
(1) The recyclable material shall be a non-RCRA hazardous waste.
(2) The recyclable material shall not be used as an ingredient in an industrial furnace, as defined in section 66260.10, to produce a product that is placed on the land, unless either of the following criteria are met:
(A) the industrial furnace is operating pursuant to the requirements of Article 8 of Chapter 16, "Hazardous Wastes Burned in Boilers or Industrial Furnaces," with regard to the hazardous constituents in the recyclable material (the owner or operator of the industrial furnace must also comply with all requirements of the local air quality management district or air pollution control district); or
(B) the owner or operator of the industrial furnace has a permit from the local air quality management district or air pollution control district addressing the hazardous constituents in the recyclable material (in this case, the local air quality management district or air pollution control district would have sole jurisdiction over air emissions from hazardous constituents in the recyclable material).
(3) The recyclable material, either in its existing state or in processed products, shall not be used in agriculture as a fertilizer, soil amendment, agricultural mineral, auxiliary soil and plant substance, or animal feed.
(4) The recyclable material shall not meet the criteria for a hazardous waste set forth in this division because of:
(A) the characteristics of acute toxicity set forth in paragraphs (a)(3) through (a)(5) of section 66261.24; or
(B) constituents listed in paragraph (a)(7) of section 66261.24; or
(C) any criterion of an extremely hazardous waste as set forth in sections 66261.110 and 66261.113; or
(D) asbestos content exceeding one (1) percent by weight, as specified in section 66261.24(a)(2)(A) of this chapter.
(5) Where the recyclable material is used as an ingredient in the manufacture of a product that is placed on the land, hazardous constituents in the recyclable material whose concentrations are greater than or equal to the Soluble Threshold Limit Concentrations (STLCs) set forth in section 66261.24(a)(2)(A) shall have chemically reacted or become physically bound so as not to leach from the product containing the recyclable material. Specifically, the hazardous constituents shall not leach out of the product in concentrations that would exceed the applicable STLC, once the effect of dilution by other ingredients (as explained below) has been taken into account.
In order to demonstrate that the hazardous constituents in the recyclable material are bound in the product so that they would not exceed the applicable STLC, even when eliminating the effect of dilution by other ingredients, the following procedures must be used.
(A) Sampling of the recyclable material and the product shall be conducted according to the sampling methods described inTest Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, 3rd edition, U.S. Environmental Protection Agency, 1986, or one of the sampling methods listed in Appendix I, Chapter 11 of this division.
(B) Analysis of the recyclable material and the product shall be conducted according to the Waste Extraction Test (WET), Appendix II, Chapter 11 of this division or an alternative test method approved pursuant to 22 CCR section 66260.21.
(C) The concentration of the hazardous constituents in the final product must be multiplied by the dilution factor inherent in combining the recyclable material with other materials. The dilution factor is calculated by dividing the weight of the final product made with the recyclable material by the weight of the recyclable material used in the product, or
weight of final product
.................................  =  dilution factor
weight of recyclable material
 
The final calculation of the hazardous constituents present in the product, as determined by taking into account the effects of dilution, must be less than the applicable STLC.
[The following is an example of how these calculations can be done.
A ton of spent sandblast grit, which is hazardous due to a mean soluble lead concentration of 12 mg/L, is combined with nineteen tons of other aggregate and asphalt to produce twenty tons of asphaltic concrete. The dilution factor is calculated by dividing the twenty tons of final product, including the recyclable material, by the original one ton of recyclable material. This gives us a dilution factor of 20. The asphaltic concrete is then subjected to the WET and yields mean results for lead of 0.23 mg/L. This number is then multiplied by the dilution factor, 20, for a result of 4.60 mg/L. This final result, 4.60 mg/L, does not exceed the STLC for lead of 5 mg/L and therefore meets the criterion.
Note: This is only an example of how to implement this requirement and does not provide guidelines for hazardous waste sampling and analysis. Furthermore this example is not binding on the regulated community.]
(6) Where the recyclable material is used as a substitute for a commercial product or as an ingredient in the manufacture of a product, the final product shall not contain constituents at concentrations that cause the product to exhibit hazardous characteristics pursuant to Chapter 11 of this division, other than those constituents that are also found in the same or greater concentrations in a comparable commercial product. The only exception to this requirement is if, prior to using the recyclable material, the person claiming an exclusion obtains the department's written concurrence that:
(A) the concentrations of hazardous constituents greater than those present in a comparable commercial product improve the quality of the product made from the recyclable material and do not increase the hazards to public health or the environment of that product; or
(B) if no comparable commercial product exists, the hazardous constituents in the recyclable material that cause the product to exhibit a characteristic of a hazardous waste are beneficial to the product and do not cause the product to pose a threat to public health or the environment.
(7) Prior to use of the recyclable material, any person wishing to manage the recyclable material under the claim to an exclusion or exemption pursuant to this article must obtain a written certification from a qualified independent engineer or engineering geologist, registered in the state of California, that the recyclable material and the product containing that material meet the applicable standards or specifications for the intended use of the recyclable material and product of the American Society for Testing and Materials (ASTM), the American Association of State Highway and Transportation Officials (AASHTO), the American National Standards Institute (ANSI), the Uniform Building Code (UBC), or the standards of a government agency having jurisdiction over the applications of that recyclable material or product. Where the certification is not appropriate for an engineer or engineering geologist, but can be provided by another qualified professional, or where standards other than those listed are appropriate, or where there are no applicable standards for a particular use of a recyclable material, the person wishing to claim an exclusion or exemption may meet this requirement by obtaining prior written approval from the department. The person requesting the department's determination shall submit documentation to the department supporting the alternative certification or standards, or absence of standards.
 
  Note: Authority cited: Sections 25143.2(e)(2) and 25150(e), Health and Safety Code. Reference: Sections 25143.2(f), 25150(e), 25170(i) and 25244.1, Health and Safety Code. 
  
 



s 66266.30. Applicability.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25124, 25143.2, 25159.5, 25250, 25250.1, 25250.4, 25250.5 and 25250.7, Health and Safety Code; 40 CFR Sections 266.30 and 266.40. 
  
 
 



s 66266.31. Prohibitions.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Section 25159, Health and Safety Code; 40 CFR Section 266.31. 
  
 



s 66266.32. Standards Applicable to Generators of Hazardous Waste Fuel.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Section 25159, Health and Safety Code; 40 CFR Section 266.32. 
  
 



s 66266.33. Standards Applicable to Transporters of Hazardous Waste Fuel.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Section 25159, Health and Safety Code; 40 CFR Section 266.33. 
  
 



s 66266.34. Standards Applicable to Marketers of Hazardous Waste Fuel.
 
  Note: Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 266.34. 
  
 



s 66266.35. Standards Applicable to Burners of Hazardous Waste Fuel.
 
  Note: Authority cited: Sections 208 and 25159, Health and Safety Code. Reference: Section 25159, Health and Safety Code; 40 CFR Section 266.35.41. 
  
 



 
 

 



s 66266.50. Requirements for Used Oil and Fuel Derived from Used Oil, that are Burned for Energy Recovery.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25250.22, Health and Safety Code. Reference: Sections 25159, 25159.5, 25250.1, 25250.7 and 25250.8, Health and Safety Code; 40 CFR Section 266.40. 
  
 



s 66266.80. Applicability.
 (a) A person who manages spent lead-acid storage batteries or their components shall comply with all of the requirements of this division pertaining to the management of a hazardous waste, unless the person is specifically exempted in the provisions of this article.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150, 25159.5 and 25170, Health and Safety Code. 
  
 



s 66266.81. Requirements.
 (a) Except as provided in subsection (a)(1) of this section, a person who manages spent lead-acid storage batteries which are equivalent in type and equivalent to, or smaller in size than, spent lead-acid storage batteries removed from motor vehicles as defined in Vehicle Code sections 415 and 670 shall comply with the applicable requirements of subsections (a)(2) through (d) of this section.
(1) A person (e.g., automobile owner, service station operator, retail store operator) who generates in one year, stores at one time, or transports at one time in one vehicle ten or fewer spent lead-acid storage batteries which either have been removed from motor vehicles as defined in Vehicle Code sections 415 and 670, or are equivalent in type and equivalent to, or smaller in size than, such batteries, shall be exempt from the requirements of this division pertaining to the generation, storage, and transportation of a hazardous waste with respect to the management of such batteries, provided that the person intends to or does transfer the batteries to a person who stores the batteries or who recycles, uses, reuses or reclaims the batteries.
(2) A person who transfers spent lead-acid storage batteries to a person described in subsection (a)(3) of this section shall be exempt from the requirements of this division pertaining to the generation, storage, and transportation of a hazardous waste with respect to the management of such batteries.
(3) Except as provided in subsection (a)(4) of this section, a person who accepts spent lead-acid storage batteries in exchange or partial exchange for operable lead-acid storage batteries shall be exempt from the requirements of this division pertaining to the generation and storage of a hazardous waste with respect to the management of such batteries, unless:
(A) The person stores more than one ton of such batteries at any one location for more than 180 days; or
(B) The person stores one ton or less of such batteries at any one location for more than one year; or
(C) The person removes the electrolyte.
(4) Except as provided otherwise in subsections (a)(2) and (a)(3) of this section, a person who generates spent lead-acid storage batteries shall be exempt from the requirements of this division pertaining to the generation and storage of a hazardous waste with respect to the management of such batteries, except as follows:
(A) The generator shall use either the manifest or a bill of lading which fulfills the requirements of Title 13 CCR section 1161, to record the shipment of spent lead-acid storage batteries to a person who stores the batteries or who uses, reuses, recycles or reclaims the batteries or their components.
(B) The generator shall retain, at the generator's place of business for at least three years, a legible copy of each manifest or bill of lading which identifies spent lead-acid storage batteries shipped to a person who stores the batteries or who uses, reuses, recycles or reclaims the batteries or their components.
(C) If the generator ships spent lead-acid storage batteries to a facility where the batteries will be disposed, the generator shall comply with all of the requirements of this division pertaining to the management of a hazardous waste.
(5) A person who transports spent lead-acid storage batteries shall be exempt from the requirements of this division pertaining to the transportation of a hazardous waste with respect to the management of such batteries except as follows:
(A) The transporter shall use either the manifest or a bill of lading which fulfills the requirements of Title 13 CCR section 1161, to record the transportation of spent lead-acid storage batteries to a person who stores the batteries or who uses, reuses, recycles or reclaims the batteries or their components.
(B) The transporter shall retain at the transporter's place of business for at least three years a legible copy of each manifest or bill of lading which identifies spent lead-acid storage batteries hauled to a person who stores the batteries or who uses, reuses, recycles or reclaims the batteries or their components.
(C) The transporter shall submit to the Department by March 1 of each calendar year beginning March 1, 1986, an annual report summarizing for the preceding calendar year information including, but not limited to, the identities of the generator and the recipient of the batteries, on a form approved by the Department.
(D) If the transporter hauls spent lead-acid storage batteries to a facility where the batteries will be disposed, the transporter shall comply with all of the requirements of this division pertaining to the management of a hazardous waste.
(6) A person who owns or operates a facility which stores either more than one ton of spent lead-acid storage batteries at any one location for 180 days or less or one ton or less of such batteries at any one location for one year or less and who transfers the batteries off-site for use, reuse, recycling or reclamation, shall be exempt from the requirements of this division as they pertain to the owner
or operator of a hazardous waste storage facility with respect to the management of such batteries, except as follows:
(A) The owner or operator shall accept either the manifest or a bill of lading which fulfills the requirements of Title 13 CCR section 1161, in lieu of the manifest to record the acceptance of spent lead-acid storage batteries for storage.
(B) The owner or operator shall retain at the owner's or operator's place of business for at least three years, a legible copy of each manifest or bill of lading which identifies spent lead-acid storage batteries accepted for storage.
(C) The owner or operator shall submit to the Department by March 1 of each calendar year beginning March 1, 1986, an annual report summarizing for the previous calendar year information including, but not limited to, the identities of the generator and the transporter of the batteries, on a form approved by the Department.
(D) The owner or operator shall store spent lead-acid storage batteries in accordance with the packaging requirements of Title 49 CFR section 173.260 and shall label the packaged batteries with the date they were received. The labeling shall be written in ink, paint, or other weather-resistant material such that the date is legible and conspicuous.
(7) A person who owns or operates a facility which stores either more than one ton of spent lead-acid storage batteries at any one location for more than 180 days, or one ton or less of such batteries at any one location for more than one year, or which removes electrolyte from such batteries for purposes of recycling either the batteries or their components (e.g., the lead, the cases or other components) shall comply with all of the requirements of this division pertaining to the owner or operator of a hazardous waste facility, except as follows:
(A) The owner or operator shall accept either the manifest or a bill of lading which fulfills the requirements of Title 13 CCR section 1161, to record the receipt of spent lead-acid storage batteries for storage or for recycling.
(B) The owner or operator shall retain at the owner's or operator's place of business for at least three years, a legible copy of each manifest or bill of lading which identifies spent lead-acid storage batteries accepted for storage or for recycling.
(C) The owner or operator shall submit to the Department by March 1 of each calendar year beginning March 1, 1986 an annual report summarizing for the previous calendar year information including, but not limited to, the identities of the generator and the transporter of the batteries, on a form approved by the Department.
(D) The owner or operator shall store spent lead-acid storage batteries in accordance with the packaging requirements of Title 49 CFR section 173.260 and shall label the packaged batteries with the date they were received. The labeling shall be written in ink, paint, or other weather resistant material such that the date is legible and conspicuous.
(8) A person who treats spent or damaged lead-acid storage batteries is subject to all requirements of this division.
(b) A damaged battery shall be managed so as to minimize the release of acid and lead and to protect the handlers and the environment, including at a minimum:
(1) A damaged battery shall be stored and transported in a nonreactive, structurally secure, closed container capable of preventing the release of acid and lead.
(2) A container holding one or more damaged batteries shall be labeled with the date that the first battery in the container was placed there, i.e., the initial date of accumulation.
(3) All container labels shall be written in ink, paint or other weather-resistant material so that the date is legible and conspicuous.
(4) A container holding one or more damaged batteries shall be packed for transportation in a manner that prevents the container from tipping, spilling or breaking during the transporting.
(c) A damaged battery packaged and labeled as specified in subsection (b) of this section shall be transported as provided in subsections (a)(4) and (a)(5) of this section and may be transported with intact batteries, subject in all instances to U.S. Department of Transportation regulations.
(d) "Damaged battery" means, for purposes of this article, any cracked or otherwise damaged lead-acid storage battery that may leak acid, including but not limited to:
(1) A battery damaged at any time before the lead plates are removed, and
(2) A battery that is missing one or more caps.
 
  Note: Authority cited: Sections 208, 25150 and 25159.5, Health and Safety Code. Reference: Sections 25159.5, 25160, 25163, 25170 and 25201, Health and Safety Code; 49 CFR Section 173.260. 
  
 



s 66266.100. Applicability.
  (a) The regulations of this article apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in section 66260.10 of chapter 10) irrespective of the purpose of burning or processing except as provided by subsections (b), (c), (d), and (f) of this section. In this article, the term "burn" means burning for energy recovery or destruction, or processing for materials recovery or as an ingredient. The emissions standards of sections 66266.104, 66266.105, 66266.106, and 66266.107 apply to facilities operating under interim status or under a permit as specified in sections 66266.102 and 66266.103. This article applies to used oil except as provided in (b)(1).
(b) The following hazardous wastes and facilities are not subject to regulation under this article:
(1) Used oil that meets the requirements of Health and Safety Code section 25250.1(b);
(2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;
(3) Hazardous wastes that are exempt from regulation ion under section 66261.4.
(c) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces, but not including cement kilns, aggregate kilns, or halogen acid furnaces burning hazardous waste) that process hazardous waste solely for metal recovery are conditionally exempt from regulation under this article, except for sections 66266.101 and 66266.112. Additionally, industrial furnaces exempted by this subsection are subject to regulation as miscellaneous units.
(1) To be exempt from sections 66266.102 through 66266.111, an owner or operator of a metal recovery furnace or mercury recovery furnace, shall comply with the following requirements, except that an owner or operator of a lead or a nickel-chromium recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall comply with the requirements of subsection (c)(3) of this section.
(A) Provide a one-time written notice to the Director indicating the following:
1. The owner or operator claims exemption under this subsection;
2. The hazardous waste is burned sole]y for metal recovery consistent with the provisions of subsection (c)(2) of this section;
3. The hazardous waste contains recoverable levels of metals; and
4. The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection;
(B) Sample and analyze the hazardous waste and other feedstocks as necessary to comply with the requirements of this subsection under procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in section 66260.11 of chapter 10 or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method; and
(C) Maintain at the facility for at least three years records to document compliance with the provisions of this subsection including limits on levels of toxic organic constituents and Btu value of the waste, and levels of recoverable metals in the hazardous waste compared to normal nonhazardous waste feedstocks.
(2) A hazardous waste meeting either of the following criteria is not processed solely for metal recovery:
(A) The hazardous waste has a total concentration of organic compounds listed appendix VIII, of chapter 11 exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction. The concentration of organic compounds in a waste as-generated may be reduced to the 500 ppm limit bybona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by subsection (c)(1)(C) of this section; or
(B) The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired and so is considered to be burned as fuel. The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit bybona fide treatment that removes or destroys organic constituents. Blending for dilution to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the records required by subsection (c)(1)(C) of this section.
(3) To be exempt from sections 66266.102 through 66266.111, an owner or operator of a lead or nickel-chromium or mercury recovery furnace, or a metal recovery furnace that burns baghouse bags used to capture metallic dusts emitted by steel manufacturing, shall provide a one-time written notice to the Director identifying each hazardous waste burned and specifying whether the owner or operator claims an exemption for each waste under this subsection or subsection (c)(1) of this section. The owner or operator shall comply with the requirements of sub- section (c)(1) of this section for those wastes claimed to be exempt under that subsection and shall comply with the requirements below for those wastes claimed to be exempt under this subsection (c)(3).
(A) The hazardous wastes listed in appendices XI, XII, and XIII, Chapter 16 and baghouse bags used to capture metallic dusts emitted by steel manufacturing are exempt from the requirements of subsection (c)(1) of this section, provided that:
1. A waste listed in appendix XI of this chapter shall contain recoverable levels of lead, a waste listed in appendix XII of this chapter shall contain recoverable levels of nickel or chromium, a waste listed in appendix XIII of this chapter must contain recoverable levels of mercury and less than 500 ppm of Chapter 11, Appendix VIII organic constituents, and baghouse bags used to capture metallic dusts emitted by steel manufacturing shall contain recoverable levels of metal; and
 2. The waste does not exhibit the Toxicity Characteristic of section 66261.24 of chapter 11 for an organic constituent; and
 3. The waste is not a hazardous waste listed in Article 4 of chapter 11 because it is listed for an organic constituent as identified in appendix VII of chapter 11; and
 4. The owner or operator certifies in the one-time notice that hazardous waste is burned under the provisions of subsection (c)(3) of this section and that sampling and analysis will be conducted or other information will be obtained as necessary to ensure continued compliance with these requirements. Sampling and analysis shall be conducted according to subsection (c)(1)(B) of this section and records to document compliance with subsection (c)(3) of this section shall be kept for at least three years.
(B) The Director may decide on a case-by-case basis that the toxic organic constituents in a material listed in appendix XI, XII or XIII of this chapter that contains a total concentration of more than 500 ppm toxic organic compounds listed in appendix VIII, of chapter 11, may pose a hazard to human health and the environment when burned in a metal recovery furnace exempt from the requirements of this article. In that situation, after adequate notice and opportunity for comment, the metal recovery furnace will become subject to the requirements of this article when burning that material. In making the hazard determination, the Director will consider the following factors:
 1. The concentration and toxicity of organic constituents in the material; and
 2. The level of destruction of toxic organic constituents provided by the furnace; and
 3. Whether the acceptable ambient levels established in appendices IV or V of this chapter may be exceeded for any toxic organic compound that may be emitted based on dispersion modeling to predict the maximum annual average off-site ground level concentration.
(d) The standards for direct transfer operations under section 66266.111 apply only to facilities subject to the permit standards of section 66266.102 or the interim status standards of section 66266.103.
(e) The management standards for residues under section 66266.112 apply to any boiler or industrial furnace burning hazardous waste.
(f) Owners and operators of smelting, melting, and refining furnaces (including pyrometallurgical devices such as cupolas, sintering machines, roasters, and foundry furnaces) that process hazardous waste for recovery of economically significant amounts of the precious metals gold, silver, platinum, paladium, irridium, osmium, rhodium, or ruthenium, or any combination of these are conditionally exempt from regulation under this article, except for section 66266.112. Additionally, industrial furnaces exempted by this subsection are subject to regulation as miscellaneous units. To be exempt from sections 66266.101 through 66266.111, an owner or operator shall:
(1) Provide a one-time written notice to the Director indicating the following:
(A) The owner or operator claims exemption under this subsection;
(B) The hazardous waste is burned for legitimate recovery of precious metal; and
(C) The owner or operator will comply with the sampling and analysis and recordkeeping requirements of this subsection; and
(2) Sample and analyze the hazardous waste as necessary to document that the waste is burned for recovery of economically significant amounts of precious metal using procedures specified by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846, incorporated by reference in section 66260.11 of chapter 11 or alternative methods that meet or exceed the SW-846 method performance capabilities. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method; and
(3) Maintain at the facility for at least three years records to document that all hazardous wastes burned are burned for recovery of economically significant amounts of precious metal.
(g) The requirements for one-time notifications only apply to facilities that had not previously notified US EPA pursuant to 40 CFR 266.100 before January 1, 1996.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200 and 25201, Health and Safety Code; and 40 CFR Section 266.100. 
  
 



s 66266.101. Management Prior to Burning.
 (a) Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to the applicable provisions of chapter 12, of this division.
(b) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to the applicable provisions of chapter 13, of this division.
(c) Storage Facilities. (1) Owners and operators of facilities that store hazardous waste that is burned in a boiler or industrial furnace are subject to the applicable provisions of chapters 14, 15 and 20, of this division, except as provided by subsection (c)(2) of this section. These standards apply to storage by the burner as well as to storage facilities operated by intermediaries (processors, blenders, distributors, etc.) between the generator and the burner.
(2) Owners and operators of facilities that are exempt under the provisions of section 66266.108 and that store mixtures of hazardous waste and a primary fuel in tanks that feed the hazardous waste/fuel mixture directly to the burner, are exempt (with respect to the aforementioned hazardous waste/fuel mixture) from the storage provisions of chapters 14, 15 and 20, of this division. Storage of hazardous waste prior to mixing with a primary fuel is subject to the regulation as prescribed in subsection (c)(1) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 266.101. 
  

 



s 66266.102. Permit Standards for Burners.
 (a) Applicability-(1) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under interim status shall comply with the requirements of this section and sections 66270.22 and 66270.66 of this division, unless exempt under the small quantity burner exemption of section 66266.108.
(2) Applicability of Chapter 14 standards. Owners and operators of boilers and industrial furnaces that burn hazardous waste are subject to the following provisions of Chapter 14, except as provided otherwise by this article:
(A) In article 1 (General), section 66264.4;
(B) In article 2 (General facility standards), sections 66264.11-66264.18;
(C) In article 3 (Preparedness and prevention), sections 66264.31-66264.37;
(D) In article 4 (Contingency plan and emergency procedures), sections 66264.51-66264.56;
(E) In article 5 (Manifest system, recordkeeping, and reporting), the applicable provisions of sections 66264.71-66264.77.
(F) In article 6 (Corrective Action), sections 66264.90 and 66264.101;
(G) In article 7 (Closure and post-closure), sections 66264.111- 66264.115;
(H) In article 8 (Financial requirements), sections 66264.141, 66264.142, 66264.143, and 66264.147-66264.148, except that States and the Federal government are exempt from the requirements of article 8; and
(I) Article 28 (Air emission standards for equipment leaks), except sections 66264.1050(a).
(b) Hazardous waste analysis. (1) The owner or operator shall provide an analysis of the hazardous waste that quantifies the concentration of any constituent identified in appendix VIII of chapter 11 of this division that may reasonably be expected to be in the waste. Such constituents shall be identified and quantified if present, at levels detectable by analytical procedures prescribed by Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by reference, see section 66260.11 of this division). Alternate methods that meet or exceed the method performance capabilities of SW-846 methods may be used. If SW-846 does not prescribe a method for a particular determination, the owner or operator shall use the best available method. The appendix VIII, chapter 11, division 4.5 constituents excluded from this analysis shall be identified and the basis for their exclusion explained. This analysis will be used to provide all information required by this article and section 66270.22 and section 66270.66 of this division and to enable the permit writer to prescribe such permit conditions as necessary to protect human health and the environment. Such analysis shall be included as a portion of the part B permit application, or, for facilities operating under the interim status standards of this article, as a portion of the trial burn plan that may be submitted before the part B application under provisions of section 66270.66(g) of chapter 20 as well as any other analysis required by the permit authority in preparing the permit. Owners and operators of boilers and industrial furnaces not operating under the interim status standards shall provide the information required by sections 66270.22 or 66270.66(c) of this division in the part B application to the greatest extent possible.
(2) Throughout normal operation, the owner or operator shall conduct sampling and analysis as necessary to ensure that the hazardous waste, other fuels, and industrial furnace feedstocks fired into the boiler or industrial furnace are within the physical and chemical composition limits specified in the permit.
(c) Emissions standards. Owners and operators shall comply with emissions standards provided by sections 66266.104 through 66266.107.
(d) Permits. (1) The owner or operator may burn only hazardous wastes specified in the facility permit and only under the operating conditions specified under subsection (e) of this section, except in approved trial burns under the conditions specified in section 66270.66 of this division.
(2) Hazardous wastes not specified in the permit may not be burned until operating conditions have been specified under a new permit or permit modification, as applicable. Operating requirements for new wastes may be based on either trial burn results or alternative data included with part B of a permit application under section 66270.22 of this division.
(3) Boilers and industrial furnaces operating under the interim status standards of section 66266.103 are permitted under procedures provided by section 66270.66(g) of this division.
(4) A permit for a new boiler or industrial furnace (those boilers and industrial furnaces not operating under the interim status standards) shall establish appropriate conditions for each of the applicable requirements of this section, including but not limited to allowable hazardous waste firing rates and operating conditions necessary to meet the requirements of subsection (e) of this section, in order to comply with the following standards:
(A) For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the device to a point of operational readiness to conduct a trial burn, not to exceed a duration of 720 hours operating time when burning hazardous waste, the operating requirements shall be those most likely to ensure compliance with the emission standards of sections 66266.104 through 66266.107, based on the Director's engineering judgment. If the applicant is seeking a waiver from a trial burn to demonstrate conformance with a particular emission standard, the operating requirements during this initial period of operation shall include those specified by the applicable provisions of section 66266.104, section 66266.105, section 66266.106, or section 66266.107. The Director may extend the duration of this period for up to 720 additional hours when good cause for the extension is demonstrated by the applicant.
(B) For the duration of the trial burn, the operating requirements shall be sufficient to demonstrate compliance with the emissions standards of sections 66266.104 through 66266.107 and shall be in accordance with the approved trial burn plan;
(C) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, submission of the trial burn results by the applicant, review of the trial burn results and modification of the facility permit by the Director to reflect the trial burn results, the operating requirements shall be those most likely to ensure compliance with the emission standards sections 66266.104 through 66266.107 based on the Director's engineering judgment.
(D) For the remaining duration of the permit, the operating requirements shall be those demonstrated in a trial burn or by alternative data specified in section 66270.22 of chapter 20, as sufficient to ensure compliance with the emissions standards of sections 66266.104 through 66266.107.
(e) Operating requirements-(1) General. A boiler or industrial furnace burning hazardous waste shall be operated in accordance with the operating requirements specified in the permit at all times where there is hazardous waste in the unit.
(2) Requirements to ensure compliance with the organic emissions standards- (A) DRE standard. Operating conditions will be specified either on a case-by-case basis for each hazardous waste burned as those demonstrated (in a trial burn or by alternative data as specified in section 66270.22) to be sufficient to comply with the destruction and removal efficiency (DRE) performance standard of section 66266.104(a) or as those special operating requirements provided by section 66266.104(a)(4) for the waiver of the DRE trial burn. When the DRE trial burn is not waived under section 66266.104(a)(4), each set of operating requirements shall specify the composition of the hazardous waste (including acceptable variations in the physical and chemical properties of the hazardous waste which will not affect compliance with the DRE performance standard) to which the operating requirements apply. For each such hazardous waste, the permit shall specify acceptable operating limits including, but not limited to, the following conditions as appropriate:
1. Feed rate of hazardous waste and other fuels measured and specified as prescribed in subsection (e)(6) of this section;
2. Minimum and maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in subsection (e)(6) of this section;
3. Appropriate controls of the hazardous waste firing system;
4. Allowable variation in boiler and industrial furnace system design or operating procedures;
5. Minimum combustion gas temperature measured at a location indicative of combustion chamber temperature, measured and specified as prescribed in subsection (e)(6) of this section;
6. An appropriate indicator of combustion gas velocity, measured and specified as prescribed in subsection (e)(6) of this section, unless documentation is provided under section 66270.66 of chapter 20 demonstrating adequate combustion gas residence time; and
7. Such other operating requirements as are necessary to ensure that the DRE performance standard of section 66266.104(a) is met.
(B) Carbon monoxide and hydrocarbon standards. The permit shall incorporate a carbon monoxide (CO) limit and, as appropriate, a hydrocarbon (HC) limit as provided by subsections (b), (c), (d), (e) and (f) of section 66266.104. The permit limits will be specified as follows:
1. When complying with the CO standard of section 66266.104(b)(1), the permit limit is 100 ppmv;
2. When complying with the alternative CO standard under section 66266.104(c), the permit limit for CO is based on the trial burn and is established as the average over all valid runs of the highest hourly rolling average CO level of each run, and the permit limit for HC is 20 ppmv (as defined in section 66266.104(c)(1)), except as provided in section 66266.104(f).
3. When complying with the alternative HC limit for industrial furnaces under section 66266.104(f), the permit limit for HC and CO is the baseline level when hazardous waste is not burned as specified by that subsection.
(C) Start-up and shut-down. During start-up and shut-down of the boiler or industrial furnace, hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride/chlorine, and except low risk waste exempt from the trial burn requirements under sections 66266.104(a)(5), 66266.105, 66266.106, and 66266.107) shall not be fed into the device unless the device is operating within the conditions of operation specified in the permit.
(3) Requirements to ensure conformance with the particulate standard. (A) Except as provided in subsections (e)(3)(B) and (C) of this section, the permit shall specify the following operating requirements to ensure conformance with the particulate standard specified in section 66266.105:
1. Total ash feed rate to the device from hazardous waste, other fuels, and industrial furnace feedstocks, measured and specified as prescribed in subsection (e)(6) of this section;
2. Maximum device production rate when producing normal product expressed in appropriate units, and measured and specified as prescribed in subsection (e)(6) of this section;
3. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
4. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and
5. Such other operating requirements as are necessary to ensure that the particulate standard in section 66266.105(b) is met.
(B) Permit conditions to ensure conformance with the particulate matter standard shall not be provided for facilities exempt from the particulate matter standard under section 66266.105(b);
(C) For cement kilns and light-weight aggregate kilns, permit conditions to ensure compliance with the particulate standard shall not limit the ash content of hazardous waste or other feed materials.
(4) Requirements to ensure conformance with the metals emissions standard. (A) For conformance with the Tier I (or adjusted Tier I) metals feed rate screening limits of subsections (b) or (e) of section 66266.106, the permit shall specify the following operating requirements:
1. Total feed rate of each metal in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified under provisions of subsection (e)(6) of this section;
2. Total feed rate of hazardous waste measured and specified as prescribed in subsection (e)(6) of this section;
3. A sampling and metals analysis program for the hazardous waste, other fuels, and industrial furnace feedstocks;
(B) For conformance with the Tier II metals emission rate screening limits under section 66266.106(c) and the Tier III metals controls under section 66266.106(d), the permit shall specify the following operating requirements:
1. Maximum emission rate for each metal specified as the average emission rate during the trial burn;
2. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in subsection (e)(6)(A) of this section;
3. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in subsection (e)(6) of this section:
a. Total feed streams;
b. Total hazardous waste feed; and
c. Total pumpable hazardous waste feed;
4. Total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in subsection (e)(6) of this section;
5. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in subsection (e)(6) of this section;
6. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in subsection (e)(6) of this section;
7. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subsection (e)(6) of this section;
8. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
9. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and
10. Such other operating requirements as are necessary to ensure that the metals standards under sections 66266.106(c) or 66266.106(d) are met.
(C) For conformance with an alternative implementation approach approved by the Director under section 66266.106(f), the permit will specify the following operating requirements:
1. Maximum emission rate for each metal specified as the average emission rate during the trial burn;
2. Feed rate of total hazardous waste and pumpable hazardous waste, each measured and specified as prescribed in subsection (e)(6)(A) of this section;
3. Feed rate of each metal in the following feedstreams, measured and specified as prescribed in subsection (e)(6) of this section:
a. Total hazardous waste feed; and
b. Total pumpable hazardous waste feed;
4. Total feed rate of chlorine and chloride in total feed streams measured and specified as prescribed in subsection (e)(6) of this section;
5. Maximum combustion gas temperature measured at a location indicative of combustion chamber temperature, and measured and specified as prescribed in subsection (e)(6) of this section;
6. Maximum flue gas temperature at the inlet to the particulate matter air pollution control system measured and specified as prescribed in subsection (e)(6) of this section;
7. Maximum device production rate when producing normal product expressed in appropriate units and measured and specified as prescribed in subsection (e)(6) of this section;
8. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
9. Allowable variation in boiler and industrial furnace system design including any air pollution control system or operating procedures; and
10. Such other operating requirements as are necessary to ensure that the metals standards under sections 66266.106(c) or 66266.106(d) are met.
(5) Requirements to ensure conformance with the hydrogen chloride and chlorine gas standards. (A) For conformance with the Tier I total chloride and chlorine feed rate screening limits of section 66266.107(b)(1), the permit will specify the following operating requirements:
1. Feed rate of total chloride and chlorine in hazardous waste, other fuels, and industrial furnace feedstocks measured and specified as prescribed in subsection (e)(6) of this section;
2. Feed rate of total hazardous waste measured and specified as prescribed in subsection (e)(6) of this section;
3. A sampling and analysis program for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks;
(B) For conformance with the Tier II HCl and Cl 2 emission rate screening limits under section 66266.107(b)(2) and the Tier III HCl and Cl 2 controls under section 66266.107(c), the permit shall specify the following operating requirements:
1. Maximum emission rate for HCl and for Cl 2 specified as the average emission rate during the trial burn;
2. Feed rate of total hazardous waste measured and specified as prescribed in subsection (e)(6) of this section;
3. Total feed rate of chlorine and chloride in total feed streams, measured and specified as prescribed in subsection (e)(6) of this section;
4. Maximum device production rate when producing normal product expressed in appropriate units, measured and specified as prescribed in subsection (e)(6) of this section;
5. Appropriate controls on operation and maintenance of the hazardous waste firing system and any air pollution control system;
6. Allowable variation in boiler and industrial furnace system design including any air pollution system or operating procedures; and
7. Such other operating requirements as are necessary to ensure that the HCl and Cl 2 standards under section 66266.107(b)(2) or (c) are met.
(6) Measuring parameters and establishing limits based on trial burn data-(A) General requirements. As specified in subsections (e)(2) through (e)(5) of this section, each operating parameter shall be measured, and permit limits on the parameter shall be established, according to either of the following procedures:
1. Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the permit limit specified as the time-weighted average during all valid runs of the trial burn; or
2. Hourly rolling average.a. The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:
(A) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
(B) An hourly rolling average is the arithmetic mean of the 60 most recent 1- minute average values recorded by the continuous monitoring system.
b. The permit limit for the parameter shall be established on trial burn data as the average over all valid test runs of the highest hourly rolling average value for each run.
(B) Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as prescribed by subsection (e)(6)(A) of this section or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an average period from 2 to 24 hours:
1. The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;
2. The continuous monitor shall meet the following specifications:
a. A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
b. The rolling average for the selected averaging period is defined as the arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour; and
3. The permit limit for the feed rate of each metal shall be established based on trial burn data as the average over all valid test runs of the highest hourly rolling average feed rate for each run.
(C) Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream shall be monitored under the continuous monitoring requirements of subsections (e)(6)(A) and (B) of this section.
(D) Conduct of trial burn testing. 1. If compliance with all applicable emissions standards of sections 66266.104 through 66266.107 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards shall be as close as possible to the original operating conditions.
2. Prior to obtaining test data for purposes of demonstrating compliance with the emissions standards of sections 66266.104 through 66266.107 or establishing limits on operating parameters under this section, the facility shall operate under trial burn conditions for a sufficient period to reach steady-state operations. The Director may determine however, that industrial furnaces that recycle collected particulate matter back into the furnace and that comply with an alternative implementation approach for metals under section 66266.106(f) need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals emissions.
3. Trial burn data on the level of an operating parameter for which a limit shall be established in the permit shall be obtained during emissions sampling for the pollutant(s) (i.e., metals, PM, HCl/Cl2, organic compounds) for which the parameter shall be established as specified by subsection (e) of this section.
(7) General requirements-(A) Fugitive emissions. Fugitive emissions shall be controlled by:
1. Keeping the combustion zone totally sealed against fugitive emissions; or
2. Maintaining the combustion zone pressure lower than atmospheric pressure; or
3. An alternate means of control demonstrated (with part B of the permit application) to provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure.
(B) Automatic waste feed cutoff. A boiler or industrial furnace shall be operated with a functioning system that automatically cuts off the hazardous waste feed when operating conditions deviate from those established under this section. The Director may limit the number of cutoffs per an operating period on a case-by-case basis. In addition:
1. The permit limit for (the indicator of) minimum combustion chamber temperature shall be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber.
2. Exhaust gases shall be ducted to the air pollution control system operated in accordance with the permit requirements while hazardous waste or hazardous waste residues remain in the combustion chamber; and
3. Operating parameters for which permit limits are established shall continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the permit limits. For parameters that may be monitored on an instantaneous basis, the Director will establish a minimum period of time after a waste feed cutoff during which the parameter shall not exceed the permit limit before the hazardous waste feed may be restarted.
(C) Changes. A boiler or industrial furnace shall cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits as specified in the permit.
(8) Monitoring and Inspections. (A) The owner or operator shall monitor and record the following, at a minimum, while burning hazardous waste:
1. If specified by the permit, feed rates and composition of hazardous waste, other fuels, and industrial furnace feedstocks, and feed rates of ash, metals, and total chloride and chlorine;
2. If specified by the permit, carbon monoxide (CO), hydrocarbons (HC), and oxygen on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with operating requirements specified in subsection (e)(2)(B) of this section. CO, HC, and oxygen monitors shall be installed, operated, and maintained in accordance with methods specified in appendix IX of this chapter.
3. Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feedstocks as appropriate), residues, and exhaust emissions shall be conducted to verify that the operating requirements established in the permit achieve the applicable standards of sections 66266.104, 66266.105, 66266.106, and 66266.107.
(B) All monitors shall record data in units corresponding to the permit limit unless otherwise specified in the permit.
(C) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when it contains hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.
(D) The automatic hazardous waste feed cutoff system and associated alarms shall be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the applicant demonstrates to the Director that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. At a minimum, operational testing shall be conducted at least once every 30 days.
(E) These monitoring and inspection data shall be recorded and the records shall be placed in the operating record required by section 66264.73 of chapter 14.
(9) Direct transfer to the burner. If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator shall comply with section 66266.111.
(10) Recordkeeping. The owner or operator shall keep in the operating record of the facility all information and data required by this section until closure of the facility.
(11) Closure. At closure, the owner or operator shall remove all hazardous waste and hazardous waste residues (including, but not limited to, ash, scrubber waters, and scrubber sludges) from the boiler or industrial furnace.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.102. 
  
 



s 66266.103. Interim Status Standards for Burners.
 (a) Purpose, scope, applicability. (1) General. (A) The purpose of this section is to establish minimum state standards for owners and operators of "existing" boilers and industrial furnaces that burn hazardous waste where such standards define the acceptable management of hazardous waste during the period of interim status.  The standards of this section apply to owners and operators of existing facilities until either a permit is issued under section 66266.102(d) or until closure responsibilities identified in this section are fulfilled.
(B) "Existing" or "in existence" means a boiler or industrial furnace that on or before August 21, 1991 is either in operation burning or processing hazardous waste or for which construction (including the ancillary facilities to burn or to process the hazardous waste) has commenced.  A facility has commenced construction if the owner or operator has obtained the Federal, State, and local approvals or permits necessary to begin physical construction; and either
1. A continuous on-site, physical construction program has begun; or
2. The owner or operator has entered into contractual obligations--which cannot be canceled or modified without substantial loss--for physical construction of the facility to be completed within a reasonable time.
(C) If a boiler or industrial furnace is located at a facility that already has a permit or interim status, then the facility shall comply with the applicable regulations dealing with permit modifications in section 66270.42 or changes in interim status in section 66270.72 of this division.
(2) Exemptions.  The requirements of this section do not apply to hazardous waste and facilities exempt under sections 66266.100(b), or 66266.108.
(3) Prohibition on burning dioxin-listed wastes.  The following hazardous waste listed for dioxin and hazardous waste derived from any of these wastes may not be burned in a boiler or industrial furnace operating under interim status: F020, F021, F022, F023, F026, and F027.
(4) Applicability of Chapter 15, division 4.5 standards.  Owners and operators of boilers and industrial furnaces that burn hazardous waste and are operating under interim status are subject to the following provisions of chapter 15 of this division except as provided otherwise by this section:
(A) In article 1 (General), section 66265.4;
(B) In article 2 (General facility standards), sections 66265.11-66265.17;
(C) In article 3 (Preparedness and prevention), sections 66265.31-66265.37;
(D) In article 4 (Contingency plan and emergency procedures), sections 66265.51-66265.56;
(E) In article 5 (Manifest system, recordkeeping, and reporting), sections 66265.71-66265.77, except that sections 66265.71, 66265.72, and 66265.76 do not apply to owners and operators of on-site facilities that do not receive any hazardous waste from off-site sources;
(F) In article 7 (Closure and post-closure), sections 66265.111-66265.115;
(G) In article 8 (Financial requirements), sections 66265.141, 66265.142, 66265.143 and 66265.147-66265.148, except that States and the Federal government are exempt from the requirements of article 8; and
(H) Article 28 (Air emission standards for equipment leaks), except section 66265.1050(a).
(5) Special requirements for furnaces.  The following controls apply during interim status to industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see subsection (a)(5)(B) of this section) at any location other than the hot end where the products are normally discharged or where fuels are normally fired:
(A) Controls. 1. The hazardous waste shall be fed at a location where combustion gas temperatures are at least 1800 [FNo]  F;
2. The owner or operator shall determine that adequate oxygen is present in combustion gases to combust organic constituents in the waste and retain documentation of such determination in the facility record;
3. For cement kiln systems, the hazardous waste shall be fed into the kiln; and
4. The hydrocarbon controls of section 66266.104(c) or subsection (c)(5) of this section apply upon certification of compliance under subsection (c) of this section irrespective of the CO level achieved during the compliance test.
(B) Burning hazardous waste solely as an ingredient.  A hazardous waste is burned for a purpose other than solely as an ingredient if it meets either of these criteria:
1. The hazardous waste has a total concentration of nonmetal compounds listed in appendix VIII of chapter 11 of this division exceeding 500 ppm by weight, as-fired, and so is considered to be burned for destruction.  The concentration of nonmetal compounds in a waste as-generated may be reduced to the 500 ppm limit bybona fide treatment that removes or destroys nonmetal constituents. Blending for dilution to meet the 500 ppm limit is prohibited and documentation that the waste has not been impermissibly diluted shall be retained in the facility record; or
2. The hazardous waste has a heating value of 5,000 Btu/lb or more, as-fired, and so is considered to be burned as fuel.  The heating value of a waste as-generated may be reduced to below the 5,000 Btu/lb limit bybona fide treatment that removes or destroys organic constituents.  Blending to augment the heating value to meet the 5,000 Btu/lb limit is prohibited and documentation that the waste has not been impermissibly blended shall be retained in the facility record.
(6) Restrictions on burning hazardous waste that is not a fuel.  Prior to certification of compliance under subsection (c) of this section, owners and operators shall not feed hazardous waste that has a heating value less than 5,000 Btu/lb, as-generated, (except that the heating value of a waste as-generated may be increased to above the 5,000 Btu/lb limit bybona fide treatment; however, blending to augment the heating value to meet the 5,000 Btu/lb limit is prohibited and records shall be kept to document that impermissible blending has not occurred) in a boiler or industrial furnace, except that:
(A) Hazardous waste may be burned solely as an ingredient; or
(B) Hazardous waste may be burned for purposes of compliance testing (or testing prior to compliance testing) for a total period of time not to exceed 720 hours; or
(C) Such waste may be burned if the Director has documentation to show that, prior to August 21, 1991:
1. The boiler or industrial furnace is operating under the interim status standards for incinerators provided by article 15 of chapter 15 of this division, or the interim status standards for thermal treatment units provided by article 16 of chapter 15 of this division; and
2. The boiler or industrial furnace met the interim status eligibility requirements under section 66270.70 of chapter 20 for article 15 or article 16 of chapter 15 of this division; and
3. Hazardous waste with a heating value less than 5,000 Btu/lb was burned prior to that date; or
(D) Such waste may be burned in a halogen acid furnace if the waste was burned as an excluded ingredient under section 66261.2(e) of chapter 11 of this division prior to February 21, 1991 and documentation is kept on file supporting this claim.
(7) Direct transfer to the burner.  If hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit, the owner and operator shall comply with section 66266.111.
(b) Certification of precompliance-(1) General. The owner or operator shall provide complete and accurate information specified in subsection (b)(2) of this section to the Director on or before August 21, 1991, and shall establish limits for the operating parameters specified in subsection (b)(3) of this section.  Such information is termed a "certification of precompliance" and constitutes a certification that the owner or operator has determined that, when the facility is operated within the limits specified in subsection (b)(3) of this section, the owner or operator believes that, using best engineering judgement, emissions of particulate matter, metals, and HCl and Cl 2  are not likely to exceed the limits provided by sections 66266.105, 66266.106, and 66266.107.  The facility may burn hazardous waste only under the operating conditions that the owner or operator establishes under subsection (b)(3) of this section until the owner or operator submits a revised certification of precompliance under subsection (b)(8) of this section or a certification of compliance under subsection (c) of this section, or until a permit is issued.
(2) Information required.  The following information shall be submitted with the certification of precompliance to support the determination that the limits established for the operating parameters identified in subsection (b)(3) of this section are not likely to result in an exceedance of the allowable emission rates for particulate matter, metals, and HCl and Cl 2:
(A) General facility information:
1. US EPA facility ID number;
2. Facility name, contact person, telephone number, and address;
3. Description of boilers and industrial furnaces burning hazardous waste, including type and capacity of device;
4. A scaled plot plan showing the entire facility and location of the boilers and industrial furnaces burning hazardous waste; and
5. A description of the air pollution control system on each device burning hazardous waste, including the temperature of the flue gas at the inlet to the particulate matter control system.
(B) Except for facilities complying with the Tier I or Adjusted Tier I feed rate screening limits for metals or total chlorine and chloride provided by sections 66266.106 (b) or (e) and 66266.107 (b)(1) or (e), respectively, the estimated uncontrolled (at the inlet to the air pollution control system) emissions of particulate matter, each metal controlled by section 66266.106, and hydrogen chloride and chlorine, and the following information to support such determinations:
1. The feed rate (lb/hr) of ash, chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium in each feedstream (hazardous waste, other fuels, industrial furnace feedstocks);
2. The estimated partitioning factor to the combustion gas for the materials identified in subsection (b)(2)(B)1. of this section and the basis for the estimate and an estimate of the partitioning to HCl and Cl 2  of total chloride and chlorine in feed materials.  To estimate the partitioning factor, the owner or operator shall use either best engineering judgement or the procedures specified in appendix IX of this chapter.
3. For industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions standards under subsection (c)(3)(B)1., the estimated enrichment factor for each metal.  To estimate the enrichment factor, the owner or operator shall use either best engineering judgement or the procedures specified in "Alternative Methodology for Implementing Metals Controls" in appendix IX of this chapter.
4. If best engineering judgement is used to estimate partitioning factors or enrichment factors under subsections (b)(2)(B)2. or (b)(2)(B)3. respectively, the basis for the judgement.  When best engineering judgement is used to develop or evaluate data or information and make determinations under this section, the determinations shall be made by a qualified, registered professional engineer and a certification of his/her determinations in accordance with section 66270.11(d) of chapter 20 of this division shall be provided in certification of precompliance.
(C) For facilities complying with the Tier I or Adjusted Tier I feed rate screening limits for metals or total chlorine and chloride provided by sections 66266.106 (b) or (e) and 66266.107 (b)(1) or (e), the feed rate (lb/hr) of total chloride and chlorine, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium in each feedstream (hazardous waste, other fuels, industrial furnace feedstocks).
(D) For facilities complying with the Tier II or Tier III emission limits for metals or HCl and Cl 2  (under sections 66266.106 (c) or (d) or 66266.107(b)(2) or (c)), the estimated controlled (outlet of the air pollution control system) emissions rates of particulate matter, each metal controlled by section 66266.106, and HCl and Cl 2  and the following information to support such determinations:
1. The estimated air pollution control system (APCS) removal efficiency for particulate matter, HCl, Cl 2, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium.
2. To estimate APCS removal efficiency, the owner or operator shall use either best engineering judgement or the procedures prescribed in appendix IX of this chapter.
3. If best engineering judgement is used to estimate APCS removal efficiency, the basis for the judgement.  Use of best engineering judgement shall be in comformance with provisions of subsection (b)(2)(B)4. of this section.
(E) Determination of allowable emissions rates for HCl, Cl 2, antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, and thallium, and the following information to support such determinations:
1. For all facilities;
a. Physical stack height;
b. Good engineering practice stack height as defined by 40 CFR 51.100(ii);
c. Maximum flue gas flow rate;
d. Maximum flue gas temperature;
e. Attach a US Geological Service topographic map (or equivalent) showing the facility location and surrounding land within 5 km of the facility;
f. Identify terrain type: complex or noncomplex; and
g. Identify land use: urban or rural.
2. For owners and operators using Tier III site specific dispersion modeling to determine allowable levels under section 66266.106(d) or section 66266.107(c), or adjusted Tier I feed rate screening limits under sections 66266.106(e) or 66266.107(e):
a. Dispersion model and version used;
b. Source of meteorological data;
c. The dilution factor in micrograms per cubic meter per gram per second of emissions for the maximum annual average off-site (unless on-site is required) ground level concentration (MEI location); and
d. Indicate the MEI location on the map required under subsection  (b)(2)(E)1.e.;
(F) For facilities complying with Tier II or III emissions rate controls for metals or HCl and Cl 2, a comparison of the estimated controlled emissions rates determined under subsection (b)(2)(D) with the allowable emission rates determined under subsection (b)(2)(E);
(G) For facilities complying with the Tier I (or adjusted Tier I) feed rate screening limits for metals or total chloride and chlorine, a comparison of actual feed rates of each metal and total chlorine and chloride determined under subsection (b)(2)(C) of this section to the Tier I allowable feed rates; and
(H) For industrial furnaces that feed hazardous waste for any purpose other than solely as an ingredient (as defined by subsection (a)(5)(B) of this section) at any location other than the product discharge end of the device, documentation of compliance with the requirements of subsections (a)(5)(A) 1., 2., and 3. of this section.
(I) For industrial furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions standards under subsection (c)(3)(B)1. of this section:
1. The applicable particulate matter standard in lb/hr; and
2. The precompliance limit on the concentration of each metal in collected PM.
(3) Limits on operating conditions.  The owner and operator shall establish limits on the following parameters consistent with the determinations made under subsection (b)(2) of this section and certify (under provisions of subsection (b)(9) of this section) to the Director that the facility will operate within the limits during interim status when there is a hazardous waste in the unit until revised certification of precompliance under subsection (b)(8) of this section or certification of compliance under subsection (c) of this section:
(A) Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e)) pumpable hazardous waste;
(B) Feed rate of each metal in the following feed streams:
1. Total feed streams, except that industrial furnaces that comply with the alternative metals implementation approach under subsection (b)(4) of this section shall specify limits on the concentration of each metal in collected particulate matter in lieu of feed rate limits for total feedstreams;
2. Total hazardous waste feed, unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106 (b) or (e); and
3. Total pumpable hazardous waste feed, unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under section 66266.106 (b) or (e);
(C) Total feed rate of chlorine and chloride in total feed streams;
(D) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited; and
(E) Maximum production rate of the device in appropriate units when producing normal product, unless complying with the Tier I or Adjusted Tier I feed rate screening limits for chlorine under section 66266.107 (b)(1) or (e) and for all metals under section 66266.106 (b) or (e), and the uncontrolled particulate emissions do not exceed the standard under section 66266.105.
(4) Operating requirements for furnaces that recycle PM.  Owners and operators of furnaces that recycle collected particulate matter (PM) back into the furnace and that will certify compliance with the metals emissions controls under subsection (c)(3)(B)1. of this section shall comply with the special operating requirements provided in "Alternative Methodology for Implementing Metal Controls" in appendix IX of this chapter.
(5) Measurement of feed rates and production rate. (A) General requirements.  Limits on each of the parameters specified in subsection (b)(3) of this section (except for limits on metal concentrations in collected particulate matter (PM) for industrial furnaces that recycle collected PM) shall be established and continuously monitored under either of the following methods:
1. Instantaneous limits.  A limit for a parameter may be established and continuously monitored and recorded on an instantaneous basis (i.e., the value that occurs at any time) not to be exceeded at any time; or
2. Hourly rolling average limits.  A limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:
a. A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
b. An hourly rolling average is the arithmetic mean of the 60 most recent 1- minute average values recorded by the continuous monitoring system.
(B) Rolling average limits for carcinogenic metals and lead.  Feed rate limits for the carcinogenic metals (arsenic, beryllium, cadmium, and chromium) and lead may be established either on an hourly rolling average basis as prescribed by subsection (b)(5)(A)2. or on (up to) a 24 hour rolling average basis.  If the owner or operator elects to use an averaging period from 2 to 24 hours:
1. The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on an hourly rolling average basis;
2. The continuous monitor shall meet the following specifications:
a. A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
b. The rolling average for the selected averaging period is defined as the arithmetic mean of one block averages for the averaging period.  A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour.
(C) Feed rate limits for metals, total chloride and chlorine, and ash.  Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream.  To monitor the feed rate of these substances, the flow rate of each feedstream shall be monitored under the continuous monitoring requirements of subsections (b)(5) (A) and (B) of this section.
(6) Public notice requirements at precompliance.  On or before August 21, 1991 the owner or operator shall submit a notice with the following information for publication in a major local newspaper of general circulation and send a copy of the notice to the appropriate units of State and local government.  The owner and operator shall provide to the Director with the certification of precompliance evidence of submitting the notice for publication.  The notice, which shall be entitled "Notice of Certification of Precompliance with Hazardous Waste Burning Requirements of Title 22, CCR, 66266.103(b)", shall include:
(A) Name and address of the owner and operator of the facility as well as the location of the device burning hazardous waste;
(B) Date that the certification of precompliance is submitted to the Director;
(C) Brief description of the regulatory process required to comply with the interim status requirements of this section including required emissions testing to demonstrate conformance with emissions standards for organic compounds, particulate matter, metals, and HCl and Cl 2;
(D) Type and quantities of hazardous waste burned including, but not limited to, source, whether solids or liquids, as well as an appropriate description of the waste;
(E) Type of device(s) in which the hazardous waste is burned including a physical description and maximum production rate of each device;
(F) Types and quantities of other fuels and industrial furnace feedstocks fed to each unit;
(G) Brief description of the basis for this certification of precompliance as specified in subsection (b)(2) of this section;
(H) Locations where the record for the facility can be viewed and copied by interested parties.  These records and locations shall at a minimum include:
1. The administrative record kept by the Department office where the supporting documentation was submitted or another location designated by the Director; and
2. The BIF correspondence file kept at the facility site where the device is located.  The correspondence file shall include all correspondence between the facility and the Department, other state and local regulatory officials, including copies of all certifications and notifications, such as precompliance certification, precompliance public notice, notice of compliance testing, compliance test report, compliance certification, time extension requests and approvals or denials, enforcement notifications of violations, and copies of US EPA and State site visit reports submitted to the owner or operator.
(I) Notification of the establishment of a facility mailing list whereby interested parties shall notify the Department that they wish to be placed on the mailing list to receive future information and notices about this facility; and
(J) Location (mailing address) of the applicable Department's Office, where further information can be obtained on state regulation of hazardous waste burning.
(7) Monitoring other operating parameters.  When the monitoring systems for the operating parameters listed in subsections (c)(1)(E through M) of this section are installed and operating in conformance with vendor specifications or (for CO, HC, and oxygen) specifications provided by appendix IX of this chapter, as appropriate, the parameters shall be continuously monitored and records shall be maintained in the operating record.
(8) Revised certification of precompliance.  The owner or operator may revise at any time the information and operating conditions documented under subsections (b)(2) and (b)(3) of this section in the certification of precompliance by submitting a revised certification of precompliance under procedures provided by those subsections.
(A) The public notice requirements of subsection (b)(6) of this section do not apply to recertifications.
(B) The owner and operator shall operate the facility within the limits established for the operating parameters under subsection (b)(3) of this section until a revised certification is submitted under this subsection or a certification of compliance is submitted under subsection (c) of this section.
(9) Certification of precompliance statement.  The owner or operator shall include the following signed statement with the certification of precompliance submitted to the Director:
 "I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with the requirements of section 66266.103(b) are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating limits established in this certification pursuant to section 66266.103(b) (3) and (4) are enforceable limits at which the facility can legally operate during interim status until: (1) A revised certification of precompliance is submitted, (2) a certification of compliance is submitted, or (3) a hazardous waste facility permit is issued."
(c) Certification of compliance. The owner or operator shall conduct emissions testing to document compliance with the emissions standards of sections 66266.104 (b) through (e), 66266.105, 66266.106, 66266.107, and subsection (a)(5)(A)4. of this section, under the procedures prescribed by this subsection, except under extensions of time provided by subsection (c)(7). Based on the compliance test, the owner or operator shall submit to the Director on or before August 21, 1992 a complete and accurate "certification of compliance" (under subsection (c)(4) of this section) with those emission standards establishing limits on the operating parameters specified in subsection (c)(1).
(1) Limits on operating conditions. The owner or operator shall establish limits on the following parameters based on operations during the compliance test (under procedures prescribed in subsection (c)(4)(D) of
this section) or as otherwise specified and include these limits with the certification of compliance. The boiler or industrial furnace shall be operated in accordance with these operating limits and the applicable emissions standards of sections 66266.104(b) through (e), 66266.105, 66266.106, 66266.107, and 66266.103(a)(5)(A)4. at all times when there is hazardous waste in the unit.
(A) Feed rate of total hazardous waste and (unless complying with the Tier I or adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e)) and the total chlorine and chloride feed rate screening limits under 66266.107(b) or (e), pumpable hazardous waste;
(B) Feed rate of each metal in the following feedstreams:
1. Total feedstreams, except that:
a. Facilities that comply with Tier I or Adjusted Tier I metals feed rate screening limits may set their operating limits at the metals feed rate screening limits determined under section 66266.106(b) or (e); and
b. Industrial furnaces that shall comply with the alternative metals implementation approach under subsection (c)(3)(B) of this section shall specify limits on the concentration of each metal in the collected particulate matter in lieu of feed rate limits for total feedstreams;
2. Total hazardous waste feed (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e)); and
3. Total pumpable hazardous waste feed (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e));
(C) Total feed rate of chlorine and chloride in total feed streams, except that facilities that comply with Tier I or Adjusted Tier I feed rate screening limits may set their operating limits at the total chlorine and chloride feed rate screening limits determined under section 66266.107(b)(1) or (e);
(D) Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited;
(E) Carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas. When complying with the CO controls of section 66266.104(b), the CO limit is 100 ppmv, and when complying with the HC controls of section 66266.104(c), the HC limit is 20 ppmv. When complying with the CO controls of section 66266.104(c), the CO limit is established based on the compliance test;
(F) Maximum production rate of the device in appropriate units when producing normal product, unless complying with the Tier I or Adjusted Tier I feed rate screening limits for chlorine under section 66266.107(b)(1) or (e) and for all metals under section 66266.106(b) or (e), and the uncontrolled particulate emissions do not exceed the standard under section 66266.105;
(G) Maximum combustion chamber temperature where the temperature measurement is as close to the combustion zone as possible and is upstream of any quench water injection (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e));
(H) Maximum flue gas temperature entering a particulate matter control device  (unless complying with Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under section 66266.107(b) or (e));
(I) For systems using wet scrubbers, including wet ionizing scrubbers (unless complying with Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b)(1) or (e)):
1. Minimum liquid to flue gas ration;
2. Minimum scrubber blowdown from the system or maximum suspended solids content of scrubber water; and
3. Minimum pH level of the scrubber water;
(J) For systems using venturi scrubbers, the minimum differential gas pressure across the venturi (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under section 66266.107(b)(1) or (e));
(K) For systems using dry scrubbers (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under section 66266.107(b)(1) or (e)):
1. Minimum caustic feed rate; and
2. Maximum flue gas flow rate;
(L) For systems using wet ionizing scrubbers or electrostatic precipitators  (unless complying with the Tier I or Adjusted Tier I metals feed rate screening limits under section 66266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under section 66266.107(b)(1) or (e)):
1. Minimum electrical power in kilovolt amperes (kVA) to the precipitator plates; and
2. Maximum flue gas flow rate;
(M) For systems using fabric filters (baghouses), the minimum pressure drop  (unless complying with the Tier I or Adjusted Tier I metal feed rate screening limits under section 66266.106(b) or (e) and the total chlorine and chloride feed rate screening limits under section 66266.107(b)(1) or (e)).
(2) Prior notice of compliance testing. At least 30 days prior to the compliance testing required by subsection (c)(3) of this section, the owner or operator shall notify the Director and submit the following information:
(A) General facility information including:
1. US EPA facility ID number;
2. Facility name, contact person, telephone number, and address;
3. Person responsible for conducting compliance test, including company name, address, and telephone number, and a statement of qualifications;
4. Planned date of the compliance test;
(B) Specific information on each device to be tested including:
1. Description of boiler or industrial furnace;
2. A scaled plot plan showing the entire facility and location of the boiler or industrial furnace;
3. A description of the air pollution control system;
4. Identification of the continuous emission monitors that are installed, including:
a. Carbon monoxide monitor;
b. Oxygen monitor;
c. Hydrocarbon monitor, specifying the minimum temperature of the system and, if the temperature is less than 150 [FNo] C, an explanation of why a heated system is not used (see subsection (c)(5) of this section) and a brief description of the sample gas conditioning system;
5. Indication of whether the stack is shared with another device that will be in operation during the compliance test;
6. Other information useful to an understanding of the system design or operation.
(C) Information on the testing planned, including a complete copy of the test protocol and Quality Assurance/Quality Control (QA/QC) plan, and a summary description for each test providing the following information at a minimum:
1. Purpose of the test (e.g., demonstrate compliance with emissions of particulate matter); and
2. Planned operating conditions, including levels for each pertinent parameter specified in subsection (c)(1) of this section.
(3) Compliance testing. (A) General. Compliance testing shall be conducted under conditions for which the owner or operator has submitted a certification of precompliance under subsection (b) of this section and under conditions established in the notification of compliance testing required by subsection (c)(2) of this section. The owner or operator may seek approval on a case-by-case basis to use compliance test data from one unit in lieu of testing a similar on-site unit. To support the request,
the owner or operator shall provide a comparison of the hazardous waste burned and other feedstreams, and the design, operation, and maintenance of both the tested unit and the similar unit. The Director shall provide a written approval to use compliance test data in lieu of testing a similar unit if he finds that the hazardous wastes, the devices, and the operating conditions are sufficiently similar, and the data from the other compliance test is adequate to meet the requirements of section 66266.103(c).
(B) Special requirements for industrial furnaces that recycle collected PM. Owners and operators of industrial furnaces that recycle back into the furnace particulate matter (PM) from the air pollution control system shall comply with one of the following procedures for testing to determine compliance with the metals standards of section 66266.106(c) or (d):
1. The special testing requirements prescribed in "Alternative Method for Implementing Metals Controls" in appendix IX of this chapter; or
2. Stack emissions testing for a minimum of 6 hours each day while hazardous waste is burned during interim status. The testing shall be conducted when burning normal hazardous waste for that day at normal feed rates for that day and when the air pollution control system is operated under normal conditions. During interim status, hazardous waste analysis for metals content shall be sufficient for the owner or operator to determine if changes in metals content may affect the ability of the facility to meet the metals emissions standards established under section 66266.106(c) or (d). Under this option, operating limits (under subsection (c)(1) of this section) shall be established during compliance testing under subsection (c)(3) of this section only on the following parameters;
a. Feed rate of total hazardous waste;
b. Total feed rate of chlorine and chloride in total feed streams;
c. Total feed rate of ash in total feed streams, except that the ash feed rate for cement kilns and light-weight aggregate kilns is not limited;
d. Carbon monoxide concentration, and where required, hydrocarbon concentration in stack gas;
e. Maximum production rate of the device in appropriate units when producing normal product; or
3. Conduct compliance testing to determine compliance with the metals standards to establish limits on the operating parameters of subsection (c)(1) of this section only after the kiln system has been conditioned to enable it to reach equilibrium with respect to metals fed into the system and metals emissions. During conditioning, hazardous waste and raw materials having the same metals content as will be fed during the compliance test shall be fed at the feed rates that will be fed during the compliance test.
(C) Conduct of compliance testing. 1. If compliance with all applicable emissions standards of sections 66266.104 through 66266.107 is not demonstrated simultaneously during a set of test runs, the operating conditions of additional test runs required to demonstrate compliance with remaining emissions standards shall be as close as possible to the original operating conditions.
2. Prior to obtaining test data for purposes of demonstrating compliance with the applicable emissions standards of sections 66266.104 through 66266.107 or establishing limits on operating parameters under this section, the facility shall operate under compliance test conditions for a sufficient period to reach steady-state operations. Industrial furnaces that recycle collected particulate matter back into the furnace and that comply with subsections (c)(3)(B)1. or 2. of this section, however, need not reach steady state conditions with respect to the flow of metals in the system prior to beginning compliance testing for metals.
3. Compliance test data on the level of an operating parameter for which a limit shall be established in the certification of compliance shall be obtained during emissions sampling for the pollutant(s) (i.e., metals, PM, HCl/Cl 2, organic compounds) for which the parameter shall be established as specified by subsection (c)(1) of this section.
(4) Certification of compliance. Within 90 days of completing compliance testing, the owner or operator shall certify to the Director compliance with the emissions standards of sections 66266.104(b), (c), and (e), 66266.105, 66266.106, 66266.107, and subsection (a)(5)(A)4. of this section. The certification of compliance shall include the following information:
(A) General facility and testing information including:
1. US EPA facility ID number;
2. Facility name, contact person, telephone number, and address;
3. Person responsible for conducting compliance testing, including company name, address, and telephone number, and a statement of qualifications;
4. Date(s) of each compliance test;
5. Description of boiler or industrial furnace tested;
6. Person responsible for quality assurance/quality control (QA/QC), title, and telephone number, and statement that procedures prescribed in the QA/QC plan submitted under section 66266.103(c)(2)(C) have been followed, or a description of any changes and an explanation of why changes were necessary.
7. Description of any changes in the unit configuration prior to or during testing that would alter any of the information submitted in the prior notice of compliance testing under subsection (c)(2) of this section, and an explanation of why the changes were necessary;
8. Description of any changes in the planned test conditions prior to or during the testing that alter any of the information submitted in the prior notice of compliance testing under subsection (c)(2) of this section, and an explanation of why the changes were necessary; and
9. The complete report on results of emissions testing.
(B) Specific information on each test including:
1. Purpose(s) of test (e.g., demonstrate conformance with the emissions limits for particulate matter, metals, HCl, Cl 2, and CO)
2. Summary of test results for each run and for each test including the following information:
a. Date of run;
b. Duration of run;
c. Time-weighted average and highest hourly rolling average CO level for each run and for the test;
d. Highest hourly rolling average HC level, if HC monitoring is required for each run and for the test;
e. If dioxin and furan testing is required under section 66266.104(e), time-weighted average emissions for each run and for the test of chlorinated dioxin and furan emissions, and the predicted maximum annual average ground level concentration of the toxicity equivalency factor;
f. Time-weighted average particulate matter emissions for each run and for the test;
g. Time-weighted average HCl and Cl 2 emissions for each run and for the test;
h. Time-weighted average emissions for the metals subject to regulation under  section 66266.106 for each run and for the test; and
i. QA/QC results.
(C) Comparison of the actual emissions during each test with the emissions limits prescribed by sections 66266.104 (b), (c), and (e), 66266.105, 66266.106, and 66266.107 and established for the facility in the certification of precompliance under subsection (b) of this section.
(D) Determination of operating limits based on all valid runs of the compliance test for each applicable parameter listed in subsection (c)(1) of this section using either of the following procedures:
1. Instantaneous limits. A parameter may be measured and recorded on an instantaneous basis (i.e., the value that occurs at any time) and the operating limit specified as the time-weighted average during all runs of the compliance test; or
2. Hourly rolling average basis. a. The limit for a parameter may be established and continuously monitored on an hourly rolling average basis defined as follows:
(A) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response
at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
(B) An hourly rolling average is the arithmetic mean of the 60 most recent 1- minute average values recorded by the continuous monitoring system.
b. The operating limit for the parameter shall be established based on compliance test data as the average over all test runs of the highest hourly rolling average value for each run.
3. Rolling average limits for carcinogenic metals and lead. Feed rate limits for the carcinogenic metals (i.e., arsenic, beryllium, cadmium and chromium) and lead may be established either on an hourly rolling average basis as prescribed by subsection (c)(4)(D)2. of this section or on (up to) a 24 hour rolling average basis. If the owner or operator elects to use an averaging period from 2 to 24 hours:
a. The feed rate of each metal shall be limited at any time to ten times the feed rate that would be allowed on a hourly rolling average basis;
b. The continuous monitor shall meet the following specifications:
(A) A continuous monitor is one which continuously samples the regulated parameter without interruption, and evaluates the detector response at least once each 15 seconds, and computes and records the average value at least every 60 seconds.
(B) The rolling average for the selected averaging period is defined as arithmetic mean of one hour block averages for the averaging period. A one hour block average is the arithmetic mean of the one minute averages recorded during the 60-minute period beginning at one minute after the beginning of preceding clock hour; and
c. The operating limit for the feed rate of each metal shall be established based on compliance test data as the average over all test runs of the highest hourly rolling average feed rate for each run.
4. Feed rate limits for metals, total chloride and chlorine, and ash. Feed rate limits for metals, total chlorine and chloride, and ash are established and monitored by knowing the concentration of the substance (i.e., metals, chloride/chlorine, and ash) in each feedstream and the flow rate of the feedstream. To monitor the feed rate of these substances, the flow rate of each feedstream shall be monitored under the continuous requirements of subsections (c)(4)(D) 1. through 3. of this section.
(E) Certification of compliance statement. The following statement shall accompany the certification of compliance:
 "I certify under penalty of law that this information was prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation. Copies of all emissions tests, dispersion modeling results and other information used to determine conformance with the requirements of section 66266.103(c) are available at the facility and can be obtained from the facility contact person listed above. Based on my inquiry of the person or persons who manages the facility, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
I also acknowledge that the operating conditions established in this certification pursuant to section 66266.103(c)(4)(D) are enforceable limits at which the facility can legally operate during interim status until a revised certification of compliance is submitted."
(5) Special requirements for HC monitoring systems. When an owner or operator is required to comply with the hydrocarbon (HC) controls provided by section 66266.104(c) or subsection (a)(5)(A) 4. of this section, a conditioned gas monitoring system may be used in conformance with specifications provided in appendix IX of this chapter provided that the owner or operator submits a certification of compliance without using extensions of time provided by subsection (c)(7) of this section.
(6) Special operating requirements for industrial furnaces that recycle collected PM. Owners and operators of industrial furnaces that recycle back into the furnace particulate matter (PM) from the air pollution control system shall:
(A) When complying, with the requirements of subsection (c)(3)(B) 1. of this section, comply with the operating requirements prescribed in "Alternative Method to Implement the Metals Controls" in appendix IX of this chapter; and
(B) When complying with the requirements of subsection (c)(3)(B) 2. of this section, comply with the operating requirements prescribed by that subsection.
(7) Extensions of time. (A) If the owner or operator does not submit a complete certification of compliance for all of the applicable emissions standards of sections 66266.104, 66266.105, 66266.106, and 66266.107 by August 21, 1992, the owner or operator shall either:
1. Stop burning hazardous waste and begin closure activities under subsection  (1) of this section for the hazardous waste portion of the facility; or
2. Limit hazardous waste burning only for purposes of compliance testing (and pretesting to prepare for compliance testing) a total period of 720 hours for the period of time beginning August 21, 1992, submit a notification to the Director by August 21, 1992 stating that the facility is operating under restricted interim status and intends to resume burning hazardous waste, and submit a complete certification of compliance by August 23, 1993; or
3. Obtain a case-by-case extension of time under subsection (c)(7)(B) of this section.
(B) The owner or operator may request a case-by-case extension of time to extend any time limit provided by subsection (c) of this section if compliance with the time limit is not practicable for reasons beyond the control of the owner or operator.
1. In granting an extension, the Director may apply conditions as the facts warrant to ensure timely compliance with the requirements of this section and that the facility operates in a manner that does not pose a hazard to human health and the environment;
2. When an owner or operator requests an extension of time to enable the facility to comply with the alternative hydrocarbon provisions of section 66266.104(f) and obtain a hazardous waste facility permit because the facility cannot meet the HC limit of section 66266.104(c) of this chapter:
a. The Director shall, in considering whether to grant the extension:
(A)Determine whether the owner and operator have submitted in a timely manner a complete part B permit application that includes information required under section 66270.22(b) of this chapter 20; and
(B) Consider whether the owner and operator have made a good faith effort to certify compliance with all other emission controls, including the controls on dioxins and furans of section 66266.104(e) and the controls on PM, metals, and HCl/Cl 2.
b. If an extension is granted, the Director shall, as a condition of the extension, require the facility to operate under flue gas concentration limits on CO and HC that, based on available information, including information in the part B permit application, are baseline CO and HC levels as defined by section 66266.104(f)(1).
(8) Revised certification of compliance. The owner or operator may submit at any time a revised certification of compliance (recertification of compliance) under the following procedures:
(A) Prior to submittal of a revised certification of compliance, hazardous waste may not be burned for more than a total of 720 hours under operating conditions that exceed those established under a current certification of compliance, and such burning may be conducted only for purposes of determining whether the facility can operate under revised conditions and continue to meet the applicable emissions standards of sections 66266.104, 66266.105, 66266.106, and 66266.107;
(B) At least 30 days prior to first burning hazardous waste under operating conditions that exceed those established under a current certifica
tion of compliance, the owner or operator shall notify the Director and submit the following information:
1. US EPA facility ID number and facility name, contact person, telephone number, and address;
2. Operating conditions that the owner or operator is seeking to revise and description of the changes in facility design or operation that prompted the need to seek to revise the operating conditions;
3. A determination that when operating under the revised operating conditions, the applicable emissions standards of sections 66266.104, 66266.105, 66266.106, and 66266.107 are not likely to be exceeded. To document this determination, the owner or operator shall submit the applicable information required under subsection (b)(2) of this section; and
4. Complete emissions testing protocol for any pretesting and for a new compliance test to determine compliance with the applicable emissions standards of sections 66266.104, 66266.105, 66266.106, and 66266.107 when operating under revised operating conditions. The protocol shall include a schedule of pre-testing and compliance testing. If the owner or operator revises the scheduled date for the compliance test, he/she shall notify the Director in writing at least 30 days prior to the revised date of the compliance test;
(C) Conduct a compliance test under the revised operating conditions and the protocol submitted to the Director to determine compliance with the applicable emissions standards of sections 66266.104, 66266.105, 66266.106, and 66266.107; and
(D) Submit a revised certification of compliance under subsection (c)(4) of this section.
(d) Periodic Recertifications. The owner or operator shall conduct compliance testing and submit to the Director a recertification of compliance under provisions of subsection (c) of this section within three years from submitting the previous certification or recertification. If the owner or operator seeks to recertify compliance under new operating conditions, the owner or operator shall comply with the requirements of subsection (c)(8) of this section.
(e) Noncompliance with certification schedule. If the owner or operator does not comply with the interim status compliance schedule provided by subsections (b), (c), and (d) of this section, hazardous waste burning shall terminate on the date that the deadline is missed, closure activities shall begin under subsection (l) of this section, and hazardous waste burning may not resume except under an operating permit issued under section 66270.66 of chapter 20. For purposes of compliance with the closure provisions of subsection (l) of this section and sections 66265.112(d)(2) and 66265.113 of chapter 15 the boiler or industrial furnace has received "the known final volume of hazardous waste" on the date that the deadline is missed.
(f) Start-up and shut-down. Hazardous waste (except waste fed solely as an ingredient under the Tier I (or adjusted Tier I) feed rate screening limits for metals and chloride/chlorine) shall not be fed into the device during start-up and shut-down of the boiler or industrial furnace, unless the device is operating within the conditions of operation specified in the certification of compliance.
(g) Automatic waste feed cutoff. During the compliance test required by subsection (c)(3) of this section, and upon certification of compliance under subsection (c) of this section, a boiler or industrial furnace shall be operated with a functioning system that automatically cuts off the hazardous waste feed when the applicable operating conditions specified in subsections (c)(1)(A) and ((E)-(M)) of this section deviate from those established in the certification of compliance. In addition:
(1) To minimize emissions of organic compounds, the minimum combustion chamber temperature (or the indicator of combustion chamber temperature) that occurred during the compliance test shall be maintained while hazardous waste or hazardous waste residues remain in the combustion chamber, with the minimum temperature during the compliance test defined as either:
(A) If compliance with the combustion chamber temperature limit is based on a hourly rolling average, the minimum temperature during the compliance test is considered to be the average over all runs of the lowest hourly rolling average for each run; or
(B) If compliance with the combustion chamber temperature limit is based on an instantaneous temperature measurement, the minimum temperature during the compliance test is considered to be the time-weighted average temperature during all runs of the test; and
(2) Operating parameters limited by the certification of compliance shall continue to be monitored during the cutoff, and the hazardous waste feed shall not be restarted until the levels of those parameters comply with the limits established in the certification of compliance.
(h) Fugitive emissions. Fugitive emissions shall be controlled by:
(1) Keeping the combustion zone totally sealed against fugitive emissions; or
(2) Maintaining the combustion zone pressure lower than atmospheric pressure; or
(3) An alternate means of control that the owner or operator can demonstrate provide fugitive emissions control equivalent to maintenance of combustion zone pressure lower than atmospheric pressure. Support for such demonstration shall be included in the operating record.
(i) Changes. A boiler or industrial furnace shall cease burning hazardous waste when changes in combustion properties, or feed rates of the hazardous waste, other fuels, or industrial furnace feedstocks, or changes in the boiler or industrial furnace design or operating conditions deviate from the limits specified in the certification of compliance.
(j) Monitoring and Inspections. (1) The owner or operator shall monitor and record the following, at a minimum, while burning hazardous waste:
(A) Feed rates and composition of hazardous waste, other fuels, and industrial furnace feed stocks, and feed rates of ash, metals, and total chloride and chlorine as necessary to ensure conformance with the certification of precompliance or certification of compliance;
(B) Carbon monoxide (CO), oxygen, and if applicable, hydrocarbons (HC), on a continuous basis at a common point in the boiler or industrial furnace downstream of the combustion zone and prior to release of stack gases to the atmosphere in accordance with the operating limits specified in the certification of compliance. CO, HC, and oxygen monitors shall be installed, operated, and maintained in accordance with methods specified in appendix IX of this chapter.
(C) Upon the request of the Director, sampling and analysis of the hazardous waste (and other fuels and industrial furnace feed stocks as appropriate) and the stack gas emissions shall be conducted to verify that the operating conditions established in the certification of precompliance or certification of compliance achieve the applicable standards of sections 66266.104, 66266.105, 66266.106, and 66266.107.
(2) The boiler or industrial furnace and associated equipment (pumps, valves, pipes, fuel storage tanks, etc.) shall be subjected to thorough visual inspection when they contain hazardous waste, at least daily for leaks, spills, fugitive emissions, and signs of tampering.
(3) The automatic hazardous waste feed cutoff system and associated alarms shall be tested at least once every 7 days when hazardous waste is burned to verify operability, unless the owner or operator can demonstrate that weekly inspections will unduly restrict or upset operations and that less frequent inspections will be adequate. Support for such demonstration shall be included in the operating record. At a minimum, operational testing shall be conducted at least once every 30 days.
(4) These monitoring and inspection data shall be recorded and the records shall be placed in the operating log.
(k) Recordkeeping. The owner or operator shall keep in the operating record of the facility all information and data required by this section until closure of the boiler or industrial furnace unit.
(l) Closure. At closure, the owner or operator shall remove all hazardous waste residues (including, but not limited to, ash, scrubber waters,
and scrubber sludges) from the boiler or industrial furnace and shall comply with sections 66265.111-66265.115 of chapter 15 of this division.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 266.103. 
  
 



s 66266.104. Standards to Control Organic Emissions.
 (a) DRE standard-(1) General. Except as provided in subsection (a)(3) of this section, a boiler or industrial furnace burning hazardous waste shall achieve a destruction and removal efficiency (DRE) of 99.99% for all organic hazardous constituents in the waste feed. To demonstrate conformance with this requirement, 99.99% DRE shall be demonstrated during a trial burn for each principal organic hazardous constituent (POHC) designated (under subsection (a)(2) of this section) in its permit for each waste feed. DRE is determined for each POHC from the following equation:

              Wouts
DRE  =  1  -  --------  X100
               Win
 
where:
W in  = Mass feed rate of one principal organic hazardous constituent (POHC) in the hazardous waste fired to the boiler or industrial furnace; and
W out  = Mass emission rate of the same POHC present in stack gas prior to release to the atmosphere.
(2) Designation of POHCs. Principal organic hazardous constituents (POHCs) are those compounds for which compliance with the DRE requirements of this section shall be demonstrated in a trial burn in conformance with procedures prescribed in section 66270.66 of chapter 20 of this division. One or more POHCs shall be designated by the Director for each waste feed to be burned. POHCs shall be designated based on the degree of difficulty of destruction of the organic constituents in the waste and on their concentrations or mass in the waste feed considering the results of waste analyses submitted with part B of the permit application. POHCs are most likely to be selected from among those compounds listed in appendix VIII of chapter 11 of this division that are also present in the normal waste feed. However, if the applicant demonstrates to the Department's satisfaction that a compound not listed in appendix VIII or not present in the normal waste feed is a suitable indicator of compliance with the DRE requirements of this section, that compound may be designated as a POHC. Such POHCs need not be toxic or organic compounds
(3) Dioxin-listed waste. A boiler or industrial furnace burning hazardous waste containing (or derived from) US EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, or F027 shall achieve a destruction and removal efficiency (DRE) of 99.9999% for each POHC designated (under subsection (a)(2) of this section) in its permit. This performance shall be demonstrated on POHCs that are more difficult to burn than tetra-, penta-, and hexachlorodibenzo-p-dioxins and dibenzofurans. DRE is determined for each POHC from the equation in subsection (a)(1) of this section. In addition, the owner or operator of the boiler or industrial furnace shall notify the Director of intent to burn US EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.
(4) Automatic waiver of DRE trial burn. Owners and operators of boilers operated under the special operating requirements provided by section 66266.110 are considered to be in compliance with the DRE standard of subsection (a)(1) of this section and are exempt from the DRE trial burn.
(5) Low risk waste. Owners and operators of boilers or industrial furnaces that burn hazardous waste in compliance with the requirements of section 66266.109(a) are considered to be in compliance with the DRE standard of subsection (a)(1) of this section and are exempt from the DRE trial burn.
(b) Carbon monoxide standard. (1) Except as provided in subsection (c) of this section, the stack gas concentration of carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste cannot exceed 100 ppmv on an hourly rolling average basis (i.e., over any 60 minute period), continuously corrected to 7 percent oxygen, dry gas basis.
(2) CO and oxygen shall be continuously monitored in conformance with  "Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix IX of this chapter.
(3) Compliance with the 100 ppmv CO limit shall be demonstrated during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). To demonstrate compliance, the highest hourly rolling average CO level during any valid run of the trial burn or compliance test shall not exceed 100 ppmv.
(c) Alternative carbon monoxide standard. (1) The stack gas concentration of carbon monoxide (CO) from a boiler or industrial furnace burning hazardous waste may exceed the 100 ppmv limit provided that stack gas concentrations of hydrocarbons (HC) do not exceed 20 ppmv, except as provided by subsection (f) of this section for certain industrial furnaces.
(2) HC limits shall be established under this section on an hourly rolling average basis (i.e., over any 60 minute period), reported as propane, and continuously corrected to 7 percent oxygen, dry gas basis.
(3) HC shall be continuously monitored in conformance with "Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste" in appendix IX of this chapter. CO and oxygen shall be continuously monitored in conformance with subsection (b)(2) of this section.
(4) The alternative CO standard is established based on CO data during the trial burn (for a new facility) and the compliance test (for an interim status facility). The alternative CO standard is the average over all valid runs of the highest hourly average CO level for each run. The CO limit is implemented on an hourly rolling average basis, and continuously corrected to 7 percent oxygen, dry gas basis.
(d) Special requirements for furnaces. Owners and operators of industrial furnaces (e.g., kilns, cupolas) that feed hazardous waste for a purpose other than solely as an ingredient (see section 66266.103(a)(5)(B)) at any location other than the end where products are normally discharged and where fuels are normally fired shall comply with the hydrocarbon limits provided by subsections (c) or (f) of this section irrespective of whether stack gas CO concentrations meet the 100 ppmv limit of subsection (b) of this section.
(e) Controls for dioxins and furans. Owners and operators of boilers and industrial furnaces that are equipped with a dry particulate matter control device that operates within the temperature range of 450-750 [FNo] F, and industrial furnaces operating under an alternative hydrocarbon limit established under subsection (f) of this section shall conduct a site-specific risk assessment as follows to demonstrate that emissions of chlorinated dibenzo-p-dioxins and dibenzofurans do not result in an increased lifetime cancer risk to the hypothetical maximum exposed individual (MEI) exceeding 1 in 100,000:
(1) During the trial burn (for new facilities or an interim status facility applying for a permit) or compliance test (for interim status facilities), determine emission rates of the tetra-octa congeners of chlorinated dibenzo-p-dioxins and dibenzofurans (CDDs/CDFs) using Method 0023A, Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans Emissions from Stationary Sources, found in U.S. EPA Publication SW-846, as incorporated by reference in Section 66260.11 of this Division.
(2) Estimate the 2,3,7,8-TCDD toxicity equivalence of the tetra-octa CDDs/CDFs congeners using "Procedures for Estimating the Toxicity Equivalence of Chlorinated Dibenzo-p-Dioxin and Dibenzofuran Congeners" in appendix IX of this chapter. Multiply the emission rates of CDD/CDF congeners with a toxicity equivalence greater than zero (see the procedure) by the calculated toxicity equivalence factor to estimate the equivalent emission rate of 2,3,7,8-TCDD;
(3) Conduct dispersion modeling using methods recommended in appendix W of  part 51 of 40 CFR ( "Guideline on Air Quality Models (Revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure", provided in appendix IX of this chapter, or in Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised (incorporated by reference in section 66260.11) to predict the maximum annual average off-site ground level concentration of 2,3,7,8-TCDD equivalents determined under subsection (e)(2) of this section. The maximum annual average concentration shall be used when a person resides on-site; and
(4) The ratio of the predicted maximum annual average ground level concentration of 2,3,7,8-TCDD equivalents to the risk-specific dose for 2,3,7,8-TCDD provided in appendix V of this chapter (2.2 X 10 [FN-7]) shall not exceed 1.0.
(f) Monitoring CO and HC in the by-pass duct of a cement kiln. Cement kilns may comply with the carbon monoxide and hydrocarbon limits provided by subsections (b), (c), and (d) of this section by monitoring in the by-pass duct provided that:
(1) Hazardous waste is fired only into the kiln and not at any location downstream from the kiln exit relative to the direction of gas flow; and
(2) The by-pass duct diverts a minimum of 10% of kiln off-gas into the duct.
(g) Use of emissions test data to demonstrate compliance and establish operating limits. Compliance with the requirements of this section shall be demonstrated simultaneously by emissions testing or during separate runs under identical operating conditions. Further, data to demonstrate compliance with the CO and HC limits of this section or to establish alternative CO or HC limits under this section shall be obtained during the time that DRE testing, and where applicable, CDD/CDF testing under subsection (e) of this section and comprehensive organic emissions testing under subsection (f) is conducted.
(h) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66266.102) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of chapter 20 of this division.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.104. 
  
 



s 66266.105. Standards to Control Particulate Matter.
 (a) A boiler or industrial furnace burning hazardous waste may not emit particulate matter in excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) after correction to a stack gas concentration of 7% oxygen, using procedures prescribed in 40 CFR part 60, appendix A, methods 1 through 5, and appendix IX of this chapter.
(b) An owner or operator meeting the requirements of section 66266.109(b) for the low risk waste is exempt from the particulate matter standard.
(c) For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66266.102) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of chapter 20 of this division.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.105. 
  
 



s 66266.106. Standards to Control Metals Emissions.
 (a) General. The owner or operator shall comply with the metals standards provided by subsections (b), (c), (d), (e), or (f) of this section for each metal listed in subsection (b) of this section that is present in the hazardous waste at detectable levels using analytical procedures specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (SW-846), incorporated by reference in section 66260.11 of chapter 10 of this division.
(b) Tier I feed rate screening limits. Feed rate screening limits for metals are specified in appendix I of this chapter as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in subsection (b)(7) of this section.
(1) Noncarcinogenic metals. The feed rates of antimony, barium, lead, mercury, thallium, and silver in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the screening limits specified in appendix I of this chapter.
(A) The feed rate screening limits for antimony, barium, mercury, thallium, and silver are based on either:
1. An hourly rolling average as defined in section 66266.102(e)(6)(A)2.; or
2. An instantaneous limit not to be exceeded at any time.
(B) The feed rate screening limit for lead is based on one of the following:
1. An hourly rolling average as defined in section 66266.102(e)(6)(A)2.;
2. An averaging period of 2 to 24 hours as defined in section 66266.102(e)(6)(B) with an instantaneous feed rate limit not to exceed 10 times the feed rate that would be allowed on an hourly rolling average basis; or
3. An instantaneous limit not to be exceeded at any time.
(2) Carcinogenic metals. (A) The feed rates of arsenic, cadmium, beryllium, and chromium in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed values derived from the screening limits specified in appendix I of this chapter. The feed rate of each of these metals is limited to a level such that the sum of the ratios of the actual feed rate to the feed rate screening limit specified in appendix I shall not exceed 1.0, as provided by the following equation:
where:
n=number of carcinogenic metals
AFR=actual feed rate to the device for metal "i"
FRSL=feed rate screening limit provided by appendix I of this chapter for metal "i".
(B) The feed rate screening limits for the carcinogenic metals are based on either:
1. An hourly rolling average; or
2. An averaging period of 2 to 24 hours as defined in section 66266.102(e)(6)(B) with an instantaneous feed rate limit not to exceed 10 times the feed rate that would be allowed on an hourly rolling average basis.
(3) TESH.
(A) The terrain-adjusted effective stack height is determined according to the following equation:
TESH=Ha+H1-Tr
where:
Ha=Actual physical stack height.
H1=Plume rise as determined from appendix VI of this chapter as a function of stack flow rate and stack gas exhaust temperature.
Tr=Terrain rise within five kilometers of the stack.
(B) The stack height (Ha) may not exceed good engineering practice as specified in 40 CFR 51.100(ii).
(C) If the TESH for a particular facility is not listed in the table in the appendices, the nearest lower TESH listed in the table shall be used. If the TESH is four meters or less, a value of four meters shall be used.
(4) Terrain type. The screening limits are a function of whether the facility is located in noncomplex or complex terrain. A device located where any part of the surrounding terrain within 5 kilometers of the stack equals or exceeds the elevation of the physical stack height (Ha) is considered to be in complex terrain and the screening limits for complex terrain apply. Terrain measurements are to be made from U.S. Geological Survey 7.5-minute topographic maps of the area surrounding the facility.
(5) Land use. The screening limits are a function of whether the facility is located in an area where the land use is urban or rural. To determine whether land use in the vicinity of the facility is urban or rural, procedures provided in appendices IX or X of this chapter shall be used.
(6) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls of metals emissions under a hazardous waste facility permit or interim status controls shall comply with the screening limits for all such units assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics. The worst-case stack is determined from the following equation as applied to each stack:
K=HVT
Where:
K = a parameter accounting for relative influence of stack height and plume rise;
H = physical stack height (meters);
V = stack gas flow rate (m [FN3] /second); and
T = exhaust temperature ( [FNo] K).
The stack with the lowest value of K is the worst-case stack.
(7) Criteria for facilities not eligible for screening limits. If any criteria below are met, the Tier I and Tier II screening limits do not apply. Owners and operators of such facilities shall comply with either the Tier III standards provided by subsection (d) of this section or with the adjusted Tier I feed rate screening limits provided by subsection (e) of this section.
(A) The device is located in a narrow valley less than one kilometer wide;
(B) The device has a stack taller than 20 meters and is located such that the terrain rises to the physical height within one kilometer of the facility;
(C) The device has a stack taller than 20 meters and is located within five kilometers of shoreline of a large body of water such as an ocean or a large lake;
(D) The physical stack height of any stack is less than 2.5 times the height of any building within five building heights or five projected building widths of the stack and the distance from the stack to the closest boundary is within five building heights or five projected building widths of the associated building; or
(E) The Director determines that standards based on site-specific dispersion modeling are required.
(8) Implementation. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate screening limits are not exceeded.
(c) Tier II emission rate screening limits. Emission rate screening limits are specified in appendix I as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. Criteria for facilities that are not eligible to comply with the screening limits are provided in subsection (b)(7) of this section.
(1) Noncarcinogenic metals. The emission rates of antimony, barium, lead, mercury, thallium, and silver shall not exceed the screening limits specified in appendix I of this chapter.
(2) Carcinogenic metals. The emission rates of arsenic, cadmium, beryllium, and chromium shall not exceed values derived from the screening limits specified in appendix I of this chapter. The emission rate of each of these metals is limited to a level such that the sum of the ratios of the actual emission rate to the emission rate screening limit specified in appendix I shall not exceed 1.0, as provided by the following equation:
where:
n=number of carcinogenic metals
AER=actual emission rate for metal "i"
ERSL=emission rate screening limit provided by appendix I of this chapter for metal "i".
(3) Implementation. The emission rate limits shall be implemented by limiting feed rates of the individual metals to levels during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). The feed rate averaging periods are the same as provided by subsections (b)(1)(A) and (B) and (b)(2)(B) of this section. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate limits for the feedstreams specified under sections 66266.102 or 66266.103 are not exceeded.
(4) Definitions and limitations. The definitions and limitations provided by subsection (b) of this section for the following terms also apply to the Tier II emission rate screening limits provided by subsection (c) of this section: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.
(5) Multiple stacks.
(A) Owners and operators of facilities with more than one onsite stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a hazardous waste facility permit or interim status controls shall comply with the emissions screening limits for any such stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
(B) The worst-case stack is determined by procedures provided in subsection  (b)(6) of this section.
(C) For each metal, the total emissions of the metal from those stacks shall not exceed the screening limit for the worst-case stack.
(d) Tier III and Adjusted Tier I site-specific risk assessment. The requirements of this subsection apply to facilities complying with either the Tier III or Adjusted Tier I controls except where specified otherwise.
(1) General. Conformance with the Tier III metals controls shall be demonstrated by emissions testing to determine the emission rate for each metal. In addition, conformance with either the Tier III or Adjusted Tier I metals controls shall be demonstrated by air dispersion modeling to predict the maximum annual average off-site ground level concentration for each dispersion modeling to predict the maximum annual average off-site ground level concentration for each metal, and a demonstration that acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendices IV and V of this chapter list the acceptable ambient levels for purposes of this rule. Reference air concentrations (RACs) are listed for the noncarcinogenic metals and 10 [FN-5]  risk-specific doses (RSDs) are listed for the carcinogenic metals. The RSD for a metal is the acceptable ambient level for that metal provided that only one of the four carcinogenic metals is emitted. If more than one carcinogenic metal is emitted, the acceptable ambient level for the carcinogenic metals is a fraction of the RSD as described in subsection (d)(3) of this section.
(3) Carcinogenic metals. For the carcinogenic metals, arsenic, cadmium, beryllium, and chromium, the sum of the ratios of the predicted maximum annual average off-site ground level concentrations (except that on-site concentrations shall be considered if a person resides on site) to the risk-specific dose (RSD) for all carcinogenic metals emitted shall not exceed 1.0 as determined by the following equation:
where: n=number of carcinogenic metals
(4) Noncarcinogenic metals. For the noncarcinogenic metals, the predicted maximum annual average off-site ground level concentration for each metal shall not exceed the reference air concentration (RAC).
(5) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on metals emissions under a hazardous waste facility permit or interim status controls shall conduct emissions testing (except that facilities complying with Adjusted Tier I controls need not conduct emissions testing) and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels.
(6) Implementation. Under Tier III, the metals controls shall be implemented by limiting feed rates of the individual metals to levels during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). The feed rate averaging periods are the same as provided by subsections (b)(1) (A) and (B) and (b)(2)(B) of this section. The feed rate of metals in each feedstream shall be monitored to ensure that the feed rate limits for the feedstreams specified under sections 66266.102 or 66266.103 are not exceeded.
(e) Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limits provided by appendix I of this chapter to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit for a metal is determined by back-calculating from the acceptable ambient levels provided by appendices IV and V of this chapter using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit. The feed rate screening limits for carcinogenic metals are implemented as prescribed in subsection (b)(2) of this section.
(f) Alternative implementation approaches. (1) The Director may approve on a case-by-case basis approaches to implement the Tier II or Tier III metals emission limits provided by subsections (c) or (d) of this section alternative to monitoring the feed rate of metals in each feedstream.
(2) The emission limits provided by subsection (d) of this section shall be determined as follows:
(A) For each noncarcinogenic metal, by back-calculating from the RAC provided in appendix IV of this chapter to determine the allowable emission rate for each metal using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with subsection (h) of this section; and
(B) For each carcinogenic metal by:
1. Back-calculating from the RSD provided in appendix V of this chapter to determine the allowable emission rate for each metal if that metal were the only carcinogenic metal emitted using the dilution factor for the maximum annual average ground level concentration predicted by dispersion modeling in conformance with subsection (h) of this section; and
2. If more than one carcinogenic metal is emitted, selecting an emission limit for each carcinogenic metal not to exceed the emission rate determined by subsection (f)(2)(B)1. of this section such that the sum for all carcinogenic metals of the ratios of the selected emission limit to the emission rate determined by that subsection does not exceed 1.0.
(g) Emission testing-(1) General. Emission testing for metals shall be conducted using Method 0060, Determinations of Metals in Stack Emissions, U.S. EPA Publication SW-846, third edition and Updates, as incorporated by reference in Section 66260.11 of this Division.
(2) Hexavalent chromium. Emissions of chromium are assumed to be hexavalent chromium unless the owner or operator conducts emissions testing to determine hexavalent chromium emissions using procedures prescribed in Method 0061, Determination of Hexavalent Chromium Emissions from Stationary Sources, U.S. EPA Publication SW-846, Third Edition and Updates, as incorporated by reference in Section 66260.11 of this Division.
(h) Dispersion modeling. Dispersion modeling required under this section shall be conducted according to methods recommended in appendix W of part 51 of 40 CFR ( "Guideline on Air Quality Models (revised)" (1986) and its supplements), the "Hazardous Waste Combustion Air Quality Screening Procedure", provided in appendix IX of this chapter, or in Screening Procedures for Estimating Air Quality Impact of Stationary Sources, Revised (incorporated by reference in section 66260.11) to predict the maximum annual average off-site ground level concentration. However, on-site concentrations shall be considered when a person resides on-site.
(i) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66266.102) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of this division.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.106. 
  

 



s 66266.107. Standards to Control Hydrogen Chloride (HCl) and Chlorine Gas  (Cl 2) Emissions.
 (a) General. The owner or operator shall comply with the hydrogen chloride  (HCl) and chlorine (Cl 2) controls provided by subsection (b), (c), or (e) of this section.
(b) Screening limits-(1) Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine in appendix II of this chapter as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The feed rate of total chlorine and chloride, both organic and inorganic, in all feed streams, including hazardous waste, fuels, and industrial furnace feed stocks shall not exceed the levels specified.
(2) Tier II emission rate screening limits. Emission rate screening limits for HCl and Cl 2  are specified in appendix III of this chapter as a function of terrain-adjusted effective stack height and terrain and land use in the vicinity of the facility. The stack emission rates of HCl and Cl 2 shall not exceed the levels specified.
(3) Definitions and limitations. The definitions and limitations provided by section 66266.106(b) for the following terms also apply to the screening limits provided by this subsection: terrain-adjusted effective stack height, good engineering practice stack height, terrain type, land use, and criteria for facilities not eligible to use the screening limits.
(4) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on HCl or Cl 2  emissions under a hazardous waste facility permit or interim status controls shall comply with the Tier I and Tier II screening limits for those stacks assuming all hazardous waste is fed into the device with the worst-case stack based on dispersion characteristics.
(A) The worst-case stack is determined by procedures provided in section 66266.106(b)(6).
(B) Under Tier I, the total feed rate of chlorine and chloride to all subject devices shall not exceed the screening limit for the worst-case stack.
(C) Under Tier II, the total emissions of HCl and Cl 2  from all subject stacks shall not exceed the screening limit for the worst-case stack.
(c) Tier III site-specific risk assessments-(1) General. Conformance with the Tier III controls shall be demonstrated by emissions testing to determine the emission rate for HCl and Cl 2  air dispersion modeling to predict the maximum annual average off-site ground level concentration for each compound, and a demonstration that acceptable ambient levels are not exceeded.
(2) Acceptable ambient levels. Appendix IV of this chapter lists the reference air concentrations (RACs) for HCl (7 micrograms per cubic meter) and Cl 2 (0.4 micrograms per cubic meter).
(3) Multiple stacks. Owners and operators of facilities with more than one on-site stack from a boiler, industrial furnace, incinerator, or other thermal treatment unit subject to controls on HCl or Cl 2  emissions under a hazardous waste facility permit or interim status controls shall conduct emissions testing and dispersion modeling to demonstrate that the aggregate emissions from all such on-site stacks do not result in an exceedance of the acceptable ambient levels for HCl and Cl 2.
(d) Averaging periods. The HCl and Cl 2  controls are implemented by limiting the feed rate of total chlorine and chloride in all feedstreams, including hazardous waste, fuels, and industrial furnace feed stocks. Under Tier I, the feed rate of total chloride and chlorine is limited to the Tier I Screening Limits. Under Tier II and Tier III, the feed rate of total chloride and chlorine is limited to the feed rates during the trial burn (for new facilities or an interim status facility applying for a permit) or the compliance test (for interim status facilities). The feed rate limits are based on either:
(1) An hourly rolling average as defined in section 66266.102(e)(6); or
(2) An instantaneous basis not to be exceeded at any time.
(e) Adjusted Tier I feed rate screening limits. The owner or operator may adjust the feed rate screening limit provided by appendix II of this chapter to account for site-specific dispersion modeling. Under this approach, the adjusted feed rate screening limit is determined by back-calculating from the acceptable ambient level for Cl 2 provided by appendix IV of this chapter using dispersion modeling to determine the maximum allowable emission rate. This emission rate becomes the adjusted Tier I feed rate screening limit.
(f) Emissions testing. Emissions testing for HCl and Cl 2  shall be conducted using the procedures described in Methods 0050 or 0051, U.S. EPA Publication SW-846, Third Edition and Updates, as incorporated by reference in Section 66260.11 of this Division.
(g) Dispersion modeling. Dispersion modeling shall be conducted according to the provisions of section 66266.106(h).
(h) Enforcement. For the purposes of permit enforcement, compliance with the operating requirements specified in the permit (under section 66266.102) will be regarded as compliance with this section. However, evidence that compliance with those permit conditions is insufficient to ensure compliance with the requirements of this section may be "information" justifying modification or revocation and re-issuance of a permit under section 66270.41 of this division.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.107. 
  
 



s 66266.108. Small Quantity On-Site Burner Exemption.
 (a) Exempt quantities. Owners and operators of facilities that burn hazardous waste in an on-site boiler or industrial furnace areexempt from the requirements of this article provided that:
(1) The quantity of hazardous waste burned in a device for a calendar month does not exceed the limits provided in the following table based on the terrain-adjusted effective stack height as defined in section 66266.106(b)(3):
Exempt Quantities for Small Quantity Burner Exemption
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
   Terrain-adjusted       Allowable       Terrain-adjusted       Allowable
                          hazardous       hazardous
         waste
effective stack height  waste burning  effective stack height    burning rate
                            rate
  of device (meters)    (gallons/mon-   of devices (meters)    (gallons/month)
                             th)
0 to 3.9                0              40.0 to 44.9          210
4.0 to 5.9              13             45.0 to 49.9          260
6.0 to 7.9              18             50.0 to 54.9          330
8.0 to 9.9              27             55.0 to 59.9          400
10.0 to 11.9            40             60.0 to 64.9          490
12.0 to 13.9            48             65.0 to 69.9          610
14.0 to 15.9            59             70.0 to 74.9          680
16.0 to 17.9            69             75.0 to 79.9          760
18.0 to 19.9            76             80.0 to 84.9          850
20.0 to 21.9            84             85.0 to 89.9          960
22.0 to 23.9            93             90.0 to 94.9         1,100
24.0 to 25.9            100            95.0 to 99.9         1,200
26.0 to 27.9            110            100.0 to 104.9         1,300
28.0 to 29.9            130            105.0 to 109.9         1,500
30.0 to 34.9            140            110.0 to 114.9         1,700
35.0 to 39.9            170            115.0 or greater         1,900
 

(2) The maximum hazardous waste firing rate does not exceed at any time 1 percent of the total fuel requirements for the device (hazardous waste plus other fuel) on a total heat input or mass input basis, whichever results in the lower mass feed rate of hazardous waste.
(3) The hazardous waste has a minimum heating value of 5,000 Btu/lb, as generated; and
(4) The hazardous waste fuel does not contain (and is not derived from) US EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027.
(b) Mixing with nonhazardous fuels. If hazardous waste fuel is mixed with a nonhazardous fuel, the quantity of hazardous waste before such mixing is used to comply with subsection (a).
(c) Multiple Stacks. If an owner or operator burns hazardous waste in more than one on-site boiler or industrial furnace exempt under this section, the quantity limits provided by subsection (a)(1) of this section are implemented according to the following equation:
where:
n means the number of stacks;
Actual Quantity Burned means the waste quantity burned per month in device "i";
Allowable Quantity Burned means the maximum allowable exempt quantity for stack "i" from the table in (a)(1) above.
(d) Notification requirements. The owner or operator of facilities qualifying for the small quantity burner exemption under this section shall provide a one-time signed, written notice to the Department indicating the following:
(1) The combustion unit is operating as a small quantity burner of hazardous waste;
(2) The owner and operator are in compliance with the requirements of this section; and
(3) The maximum quantity of hazardous waste that the facility may burn per month as provided by section 66266.108(a)(1).
(e) Recordkeeping requirements. The owner or operator shall maintain at the facility for at least three years sufficient records documenting compliance with the hazardous waste quantity, firing rate, and heating value limits of this section. At a minimum, these records shall indicate the quantity of hazardous waste and other fuel burned in each unit per calendar month, and the heating value of the hazardous waste.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.108. 
  
 



s 66266.109. Low Risk Waste Exemption.
 (a) Waiver of DRE standard. The DRE standard of section 66266.104(a) does not apply if the boiler or industrial furnace is operated in conformance with (a)(1) of this section and the owner or operator demonstrates by procedures prescribed in (a)(2) of this section that the burning will not result in unacceptable adverse health effects.
(1) The device shall be operated as follows:
(A) A minimum of 50 percent of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the Director on a case-by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate shall be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired;
(B) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb;
(C) The hazardous waste is fired directly into the primary fuel flame zone of the combustion chamber; and
(D) The device operates in conformance with the carbon monoxide controls provided by section 66266.104(b)(1). Devices subject to the exemption provided by this section are not eligible for the alternative carbon monoxide controls provided by section 66266.104(c).
(2) Procedures to demonstrate that the hazardous waste burning will not pose unacceptable adverse public health effects are as follows:
(A) Identify and quantify those nonmetal compounds listed in appendix VIII of chapter 11 of this division that could reasonably be expected to be present in the hazardous waste. The constituents excluded from analysis shall be identified and the basis for their exclusion explained;
(B) Calculate reasonable, worst-case emission rates for each constituent identified in subsection (a)(2)(A) of this section by assuming the device achieves 99.9 percent destruction and removal efficiency. That is, assume that 0.1 percent of the mass weight of each constituent fed to the device is emitted.
(C) For each constituent identified in subsection (a)(2)(A) of this section, use emissions dispersion modeling to predict the maximum annual average ground level concentration of the constituent.
1. Dispersion modeling shall be conducted using methods specified in section 66266.106(h).
2. Owners and operators of facilities with more than one on-site stack from a boiler or industrial furnace that is exempt under this section shall conduct dispersion modeling of emissions from all stacks exempt under this section to predict ambient levels prescribed by this subsection.
(D) Ground level concentrations of constituents predicted under subsection  (a)(2)(C) of this section shall not exceed the following levels:
1. For the noncarcinogenic compounds listed in appendix IV of this chapter, the levels established in appendix IV;
2. For the carcinogenic compounds listed in appendix V of this chapter, the sum for all constituents of the ratios of the actual ground level concentration to the level established in appendix V cannot exceed 1.0; and
3. For constituents not listed in appendix IV or V, 0.1 micrograms per cubic meter.
(b) Waiver of particulate matter standard. The particulate matter standard of section 66266.105 does not apply if:
(1) The DRE standard is waived under subsection (a) of this section; and
(2) The owner or operator complies with the Tier I or adjusted Tier I metals feed rate screening limits provided by section 66266.106 (b) or (e).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.109. 
  
 



s 66266.110. Waiver of DRE Trial Burn for Boilers.
Boilers that operate under the special requirements of this section, and that do not burn hazardous waste containing, (or derived from) US EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are considered to be in conformance with the DRE standard of section 66266.104(a), and a trial burn to demonstrate DRE is waived. When burning hazardous waste:
(a) A minimum of 50 percent of fuel fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall oil, or, if approved by the Director on a case-by-case basis, other nonhazardous fuel with combustion characteristics comparable to fossil fuel. Such fuels are termed "primary fuel" for purposes of this section. (Tall oil is a fuel derived from vegetable and rosin fatty acids.) The 50 percent primary fuel firing rate shall be determined on a total heat or mass input basis, whichever results in the greater mass feed rate of primary fuel fired:
(b) Boiler load shall not be less than 40 percent. Boiler load is the ratio at any time of the total heat input to the maximum design heat input;
(c) Primary fuels and hazardous waste fuels shall have a minimum as-fired heating value of 8,000 Btu/lb, and each material fired in a burner where hazardous waste is fired shall have a heating value of at least 8,000 Btu/lb, as-fired;
(d) The device shall operate in conformance with the carbon monoxide standard provided by section 66266.104(b)(1). Boilers subject to the waiver of the DRE trial burn provided by this section are not eligible for the alternative carbon monoxide standard provided by section 66266.104(c);
(e) The boiler shall be a watertube type boiler that does not feed fuel using a stoker or stoker type mechanism; and
(f) The hazardous waste shall be fired directly into the primary fuel flame zone of the combustion chamber with an air or steam atomization firing system, mechanical atomization system, or a rotary cup atomization system under the following conditions:
(1) Viscosity. The viscosity of the hazardous waste fuel as-fired shall not exceed 300 SSU;
(2) Particle size. When a high pressure air or steam atomizer, low pressure atomizer, or mechanical atomizer is used, 70% of the hazardous waste fuel shall pass through a 200 mesh (74 micron) screen, and when a rotary cup atomizer is used, 70% of the hazardous waste shall pass through a 100 mesh (150 micron) screen;
(3) Mechanical atomization systems. Fuel pressure within a mechanical atomization system and fuel flow rate shall be maintained within the design range taking into account the viscosity and volatility of the fuel;
(4) Rotary cup atomization systems. Fuel flow rate through a rotary cup atomization system shall be maintained within the design range taking into account the viscosity and volatility of the fuel.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.110. 
  
 



s 66266.111. Standards for Direct Transfer.
 (a) Applicability. The regulations in this section apply to owners and operators of boilers and industrial furnaces subject to sections 66266.102 or 66266.103 if hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of a storage unit.
(b) Definitions. (1) When used in this section, the following terms have the meanings given below:
Direct transfer equipment means any device (including but not limited to, such devices as piping, fittings, flanges, valves, and pumps) that is used to distribute, meter, or control the flow of hazardous waste between a container (i.e., transport vehicle) and a boiler or industrial furnace.
Container means any portable device in which hazardous waste is transported, stored, treated, or otherwise handled, and includes transport vehicles that are containers themselves (e.g., tank trucks, tanker-trailers, and rail tank cars), and containers placed on or in a transport vehicle.
(2) This section references several requirements provided in articles 9 and 10 of chapters 14 and 15. For purposes of this section, the term "tank systems" in those referenced requirements means direct transfer equipment as defined in subsection (b)(1) of this section.
(c) General operating requirements. (1) No direct transfer of a pumpable hazardous waste shall be conducted from an open-top container to a boiler or industrial furnace.
(2) Direct transfer equipment used for pumpable hazardous waste shall always be closed, except when necessary to add or remove the waste, and shall not be opened, handled, or stored in a manner that may cause any rupture or leak.
(3) The direct transfer of hazardous waste to a boiler or industrial furnace shall be conducted so that it does not:
(A) Generate extreme heat or pressure, fire, explosion, or violent reaction;
(B) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health;
(C) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions;
(D) Damage the structural integrity of the container or direct transfer equipment containing the waste;
(E) Adversely affect the capability of the boiler or industrial furnace to meet the standards provided by sections 66266.104 through 66266.107; or
(F) Threaten human health or the environment.
(4) Hazardous waste shall not be placed in direct transfer equipment, if it could cause the equipment or its secondary containment system to rupture, leak, corrode, or otherwise fail.
(5) The owner or operator of the facility shall appropriate controls and practices to prevent spills and overflows from the direct transfer equipment or its secondary containment systems. These include at a minimum:
(A) Spill prevention controls (e.g., check valve, dry discount couplings); and
(B) Automatic waste feed cutoff to use if a leak or spill occurs from the direct transfer equipment.
(d) Areas where direct transfer vehicles (containers) are located. Applying the definition of container under this section, owners and operators shall comply with the following requirements:
(1) The containment requirements of section 66264.175 of this division;
(2) The use and management requirements of article 9, chapter 15, except for sections 66265.170 and 66265.174, and except that in lieu of the special requirements of section 66265.176 for ignitable or reactive waste, the owner or operator may comply with the requirements for the maintenance of protective distances between the waste management area and any public ways, streets, alleys, or an adjacent property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's (NFPA) "Flammable and Combustible Liquids Code," (1977 or 1981), (incorporated by reference, see section 66260.11). The owner or operator shall obtain and keep on file at the facility a written certification by the local Fire Marshal that the installation meets the subject NFPA codes; and
(3) The closure requirements of section 66264.178 of this division.
(e) Direct transfer equipment. Direct transfer equipment shall meet the following requirements:
(1) Secondary containment. Owners and operators shall comply with the secondary containment requirements of section 66265.193 of this division, except for subsections 66265.193 (a), (d), (e), and (i) as follows:
(A) For all new direct transfer equipment, prior to their being put into service; and
(B) For existing direct transfer equipment within 2 years after August 21, 1991.
(2) Requirements prior to meeting secondary containment requirements. (A) For existing direct transfer equipment that does not have secondary containment, the owner or operator shall determine whether the equipment is leaking or is unfit for use. The owner or operator shall obtain and keep on file at the facility a written assessment reviewed and certified by a qualified, registered professional engineer in accordance with section 66270.11(d) of this division that attests to the equipment's integrity by August 21, 1992.
(B) This assessment shall determine whether the direct transfer equipment is adequately designed and has sufficient structural strength and compatibility with the waste(s) to be transferred to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment shall consider the following:
1. Design standard(s), if available, according to which the direct transfer equipment was constructed;
2. Hazardous characteristics of the waste(s) that have been or will be handled;
3. Existing corrosion protection measures;
4. Documented age of the equipment, if available, (otherwise, an estimate of the age); and
5. Results of a leak test or other integrity examination such that the effects of temperature variations, vapor pockets, cracks, leaks, corrosion, and erosion are accounted for.
(C) If, as a result of the assessment specified above, the direct transfer equipment is found to be leaking or unfit for use, the owner or operator shall comply with the requirements of sections 66265.196 (a) and (b) of this division.
(3) Inspections and recordkeeping. (A) The owner or operator shall inspect at least once each operating hour when hazardous waste is being transferred from the transport vehicle (container) to the boiler or industrial furnace:
1. Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and drainage systems) to ensure that it is in good working order;
2. The above ground portions of the direct transfer equipment to detect corrosion, erosion, or releases of waste (e.g., wet spots, dead vegetation); and
3. Data gathered from monitoring equipment and leak-detection equipment, (e.g., pressure and temperature gauges) to ensure that the direct transfer equipment is being operated according to its design.
(B) The owner or operator shall inspect cathodic protection systems, if used, to ensure that they are functioning properly according to the schedule provided by section 66265.195(b) of this division.
(C) Records of inspections made under this subsection shall be maintained in the operating record at the facility, and available for inspection for at least 3 years from the date of the inspection.
(4) Design and installation of new ancillary equipment. Owners and operators shall comply with the requirements of section 66265.192 of this division.
(5) Response to leaks or spills. Owners and operators shall comply with the requirements of section 66265.196 of this division.
(6) Closure. Owners and operators shall comply with the requirements of section 66265.197 of this division, except for section 66265.197(c)(2) through (c)(4).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 2515912 and 25159.5, Health and Safety Code; and 40 CFR Section 266.111. 
  
 



s 66266.112. Regulation of Residues.
 A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of hazardous waste under Health and Safety Code Section 25143.1(b) unless the device and the owner or operator meet the following requirements:
(a) The device meets the following criteria:
(1) Boilers. Boilers shall burn at least 50% coal on a total heat input or mass input basis, whichever results in the greater mass feed rate of coal;
(2) Ore or mineral furnaces. Industrial furnaces burning wastes which are exempt from regulation pursuant to Health and Safety Code, section 25143.1 shall process at least 50% by weight normal, nonhazardous raw materials;
(3) Cement kilns. Cement kilns shall process at least 50% by weight normal cement-production raw materials;
(b) The owner or operator demonstrates that the hazardous waste does not significantly affect the residue by demonstrating conformance with either of the following criteria:
(1) Comparison of waste-derived residue with normal residue. The waste-derived residue shall not contain appendix VIII, chapter 11 constituents (toxic constituents) that could reasonably be attributable to the hazardous waste at concentrations significantly higher than in residue generated without burning or processing of hazardous waste, using the following procedure. Toxic compounds that could reasonably be attributable to burning or processing the hazardous waste (constituents of concern) include toxic constituents in the hazardous waste, and the organic compounds listed in appendix VIII of this chapter that may be generated as products of incomplete combustion. Sampling and analyses shall be in conformance with procedures prescribed in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, incorporated by reference in section 66260.11(a) of this division.
(A) Normal residue. Concentrations of toxic constituents of concern in normal residue shall be determined based on analyses of a minimum of 10 samples representing a minimum of 10 days of operation. Composite samples may be used to develop a sample for analysis provided that the compositing period does not exceed 24 hours. The upper tolerance limit (at 95% confidence with a 95% proportion of the sample distribution) of the concentration in the normal residue shall be considered the statistically-derived concentration in the normal residue. If changes in raw materials or fuels reduce the statistically-derived concentrations of the toxic constituents of concern in the normal residue, the statistically-derived concentrations shall be revised or statistically-derived concentrations of toxic constituents in normal residue shall be established for a new mode of operation with the new raw material or fuel. To determine the upper tolerance limit in the normal residue, the owner or operator shall use statistical procedures prescribed in "Statistical Methodology for Bevill Residue Determinations" in appendix IX of this chapter.
(B) Waste-derived residue. Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the concentrations established for the normal residue under subsection (b)(1)(A) of this section. If so, hazardous waste burning has significantly affected the residue and the residue shall not be excluded from the definition of a hazardous waste. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed, and multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not exceed 24 hours. If in more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded; or
(2) Comparison of waste-derived residue concentrations with health- based limits-(A) Nonmetal constituents. The concentration of each nonmetal toxic constituent of concern (specified in subsection (b)(1) of this section) in the waste-derived residue shall not exceed the health-based level specified in appendix VII of this chapter, or the level of detection (using analytical procedures prescribed in SW-846), whichever is higher. If a health-based limit for a constituent of concern is not listed in appendix VII of this chapter, then a limit of 0.002 micrograms per kilogram or the level of detection (using analytical procedures prescribed in SW-846), whichever is higher, shall be used. The levels specified in appendix VII of this chapter (and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note 1 of appendix VII of this chapter) are administratively stayed under the condition, for those constituents specified in subsection (b)(1) of this section, that the owner or operator complies with alternative levels defined as the land disposal restriction limits specified in section 66268.43 of this division for F039 nonwastewaters. In complying with those alternative levels, if an owner or operator is unable to detect a constituent despite documenting use of best good-faith efforts as defined by applicable Department guidance or standards, the owner or operator is deemed to be in compliance for that constituent. Until new guidance or standards are developed, the owner or operator may demonstrate such good-faith efforts by achieving a detection limit for the constituent that does not exceed an order of magnitude above the level provided by section 66268.43 for F039 nonwastewaters; and
(B) Metal constituents. The concentration of metals in an extract obtained using the Toxicity Characteristic Leaching Procedure of section 66261.24 of chapter 11 of this division shall not exceed the levels specified in appendix VII of this chapter; and
(C) Sampling and analysis. Waste-derived residue shall be sampled and analyzed as often as necessary to determine whether the residue generated during each 24-hour period has concentrations of toxic constituents that are higher than the health-based levels. Concentrations of toxic constituents of concern in the waste-derived residue shall be determined based on analysis of one or more samples obtained over a 24-hour period. Multiple samples may be analyzed and multiple samples may be taken to form a composite sample for analysis provided that the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize waste-derived residues generated over a 24-hour period, the concentration of each toxic constituent shall be the arithmetic mean of the concentrations in the samples. No results may be disregarded; and
(c) Records sufficient to document compliance with the provisions of this section shall be retained until closure of the boiler or industrial furnace unit. At a minimum, the following shall be recorded.
(1) Levels of constituents in appendix VIII, chapter 11, that are present in waste-derived residues;
(2) If the waste-derived residue is compared with normal residue under subsection (b)(1) of this section:
(A) The levels of constituents in appendix VIII, chapter 11, that are present in normal residues; and
(B) Data and information, including analyses of samples as necessary, obtained to determine if changes in raw materials or fuels would reduce the concentration of toxic constituents of concern in the normal residue.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5. 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 266.112. 
  
 



s 66266.115. Generator Requirements.
 (a) Except as provided otherwise in subsection (c)(4) of this section, a person who generates a recyclable material which is to be used in its existing state in agriculture as defined in subsection (e) of this section, shall comply with the following.
(1) If the recyclable material is to be transferred to another person for such agricultural use, the generator shall comply with all of the requirements of this division applicable to a generator of a hazardous waste with respect to the management of such a material, and shall comply with the following additional requirements.
(A) The generator shall submit to the Department for approval the following information at least 60 days before the generator intends to transfer ownership of a recyclable material:
1. a description of the sources, general composition and physical state of the recyclable material;
2. an assessment, consistent with the sources of the recyclable material, of representative material from each of its sources showing the following:
a. its hazardous characteristics pursuant to the criteria of chapter 11 of this division;
b. the concentrations of all substances listed in sections 66261.24 (a)(2) and  (a)(7) and of all other substances which, by the criteria of chapter 11 of this division, are present at hazardous waste concentrations;
c. the total concentration of boron in boron-containing compounds, and the total concentrations of nitrate, phosphate and sulfate.
(B) If the recyclable material is to be applied to soil or other growing medium, the generator shall submit to the Department for approval, at the same time as the generator submits the information required in subsection (a)(1)(A) of this section, a letter from an agronomist certified by the American Society of Agronomy stating for the recyclable material and each source thereof:
1. that application of the recyclable material to soil or other growing medium will enhance the agricultural productivity of the soil or other medium;
2. that major and minor constituents in the recyclable material will not prove to be detrimental to agricultural use of the soil or other medium;
3. that conditions and/or restrictions, if any, should be placed on the use of the recyclable material with respect to rates and frequencies of application, concentrations and compatibilities when mixed with other materials in formulated fertilizers or soil amendments or when applied in conjunction with other such materials, types and chemical compositions of soils on which it is used and kinds of crops for which it should be used or not used.
(C) If the recyclable material is to be used as food for domestic livestock or wildlife, the generator shall submit to the Department for approval at the same time as the generator submits the information required in subsection (a)(1)(A) of this section, a statement under penalty of perjury that the recyclable material meets the requirements for commercial feeds containing drugs, food additives, or harmful substances established by the California Department of Food and Agriculture in articles 2 (commencing with section 2676) and 9 (commencing with section 2733) of group 2 of subchapter 2 of chapter 4 of title 3 of the California Code of Regulations.
(2) If the generator intends to utilize the recyclable material for such agricultural use without transferring ownership of the material to another person, the generator shall submit to the Department for approval the information required in subsections (a)(1)(A) and (a)(1)(B) or (a)(1)(C) of this section at least 60 days before the intended use of the recyclable material.
(3) After receiving approval from the Department pursuant to subsection (c) of this section, the generator described in subsections (a)(1)(B) or (a)(1)(C) of this section shall transfer ownership of the recyclable material to another person only after the generator has received written confirmation that the recipient has received a copy of the information provided to the Department under subsection (a)(1) of this section and a copy of the Department's letter of approval obtained pursuant to subsection (c) of this section.
(b) A person who generates a recyclable material which is to be processed prior to use in agriculture, shall comply with all of the applicable requirements of this division (other than the requirements of subsection (a) of this section, unless the processed product is hazardous under chapter 11 of this division and the processor is not licensed by the California Department of Food and Agriculture) applicable to a generator of a hazardous waste with respect to the management of such a material.
(c) Upon receipt of the information required under subsection (a)(1)(A) and either (a)(1)(B) or (a)(1)(C) of this section, the Department shall determine whether the application of the recyclable material or its processed product (if the product is hazardous under chapter 11 of this division and the processor is not licensed by the California Department of Food and Agriculture) to land or its use as a food for animals would cause a potential hazard to health, safety or the environment. The Department shall act on the information submitted pursuant to subsection (a)(1)(A) and either (a)(1)(B) or (a)(1)(C) of this section as provided in section 66260.210(d).
(1) If the Department determines that the application of the recyclable material to land or its use as a food for animals would pose no such hazard, the Department shall send to the generator or processor a letter of approval to use the material in agriculture.
(2) The Department's approval shall be effective until the earliest of the following dates:
(A) an expiration date specified in the Department's letter of approval;
(B) the date that any of the information submitted to the Department by the generator or the processor pursuant to subsection (a)(1) of this section or section 66266.117(b)(1), respectively, changes significantly;
(C) the date five years after the date of the Department's letter of approval; or
(D) the date that the Department suspends or revokes the letter of approval for cause.
(3) If the Department determines that the application of the recyclable material to land or its use as a food for animals would pose such a hazard, the Department shall send to the generator or processor written denial of approval to use the material in agriculture and the reason for that denial.
(4) The Department shall deny the use of any of the following materials in agriculture without prior processing to eliminate the constituents or characteristics that qualify the material as one of the following:
(A) a material which is an extremely hazardous waste under chapter 11 of this division;
(B) a material which is a restricted hazardous waste under chapter 18 of this division;
(C) a material which is a RCRA hazardous waste.
(d) No person shall use a recyclable material in agriculture or transfer such a material to another person for use in agriculture, without obtaining a letter of approval from the Department pursuant to subsection (c) of this section prior to such use or transfer, unless the material is to be transferred to the operator of a facility where it will be processed for such agricultural use pursuant to a valid license issued by the California Department of Food and Agriculture.
(e) As used in this chapter, "use in agriculture" means that a recyclable material (either in its existing state or in processed products) is applied to the land as a fertilizer, soil amendment, agricultural mineral, or an auxiliary soil and plant substance, or is used to produce a food for domestic livestock or wildlife.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25170,  58004 and 58012, Health and Safety Code. Reference: Sections 25143.2(a), 25154, 25155, 25159.5 and 25170, Health and Safety Code. 
  
 



s 66266.116. Transporter Requirements.
 (a) A person who transports a recyclable material to a facility where the material is to be used in its existing state or processed for use, in agriculture, shall comply with all of the requirements of this division applicable to a transporter of a hazardous waste with respect to the management of such a material.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25159.5, 25160, 25163 and 25170, Health and Safety Code. 
  
 



s 66266.117. Operator Requirements.
 (a) A person who operates a facility which meets either of the criteria in subsection (a)(1) or (a)(2) of this section shall comply with the requirements in subsection (b) of this section.
(1) At the facility, a recyclable material is to be used in its existing state in agriculture.
(2) At the facility, a product processed from a recyclable material at a facility which is not licensed by the California Department of Food and Agriculture is to be used in agriculture and the processed product is hazardous under chapter 11 of this division.
(b) A person who operates a facility described in subsection (a) of this section shall comply with the following:
(1) all of the requirements of this division applicable to an operator of a hazardous waste facility with respect to the management of such a material;
(2) the additional requirements listed below.
(A) An operator shall use a recyclable material in agriculture only after receipt of the documents required under section 66266.115(a)(3).
(B) An operator shall use a recyclable material in agriculture only in compliance with the information in the documents provided pursuant to section 66266.115(a)(3).
(c) A person who operates a facility where a recyclable material used in agriculture is to be processed for such use, shall comply with all of the requirements of this division applicable to the operator of a hazardous waste facility with respect to the handling and management of such a material and shall comply with the additional requirements listed below.
(1) If the facility is not licensed by the California Department of Food and Agriculture and the product processed from the recyclable material is hazardous under chapter 11 of this division, the operator shall comply with the requirements of this division as if the operator were the generator of a hazardous waste under section 66266.115(a)(1).
(2) If the facility is licensed by the California Department of Food and Agriculture and the product processed from the recyclable material is hazardous under chapter 11 of this division, the operator shall be exempt from the requirements of this division as they pertain to a generator of a hazardous waste under section 66266.115(a)(1).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 14551 and 15051, Food and Agricultural Code; Sections 25159.5, 25170 and 25201, Health and Safety Code. 
  
 



s 66266.120. Requirements.
 (a) A person who handles waste elemental mercury which is a non-RCRA hazardous waste shall comply with the following provisions with respect to that mercury.
(1) A person who stores in a container ten pounds or less of waste elemental mercury at the site of generation shall be exempt from the permit requirements of this division.
(2) A person who transports in a container ten pounds or less of waste elemental mercury to a resource recovery facility where mercury will be recovered from that waste shall be exempt from the requirements for registration with the Department as a hazardous waste hauler and for the use of a manifest even if the transporter is not the generator of the waste.
(3) The operator of a facility which receives waste elemental mercury for the purpose of recovering mercury from that waste shall comply with all requirements of this chapter applicable to the operator of a hazardous waste facility except that the operator may accept ten pounds or less of mercury from a hauler who is not registered with the Department as a hazardous waste hauler and that the operator does not have to complete a manifest upon receipt of such quantity of mercury.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25117.9, 25159.5, 25160, 25163, 25170 and 25201, Health and Safety Code. 
  
 



s 66266.130. Management of Used Oil Filters.
 (a) Used oil filters are to be managed as hazardous waste unless the conditions of one of the following paragraphs are met:
(1) The filters are characterized as being nonhazardous using procedures identified in this division and applicable waste characterization procedures found in federal regulations or;
(2) The conditions of subsection (b) of this section are met and the filters are managed in compliance with the requirements of subsection (c) of this section or;
(3) The filters are generated by persons maintaining their own place of residence (i.e., household waste) and such filters are taken to a collection location (such as a service station, parts retailer, household waste collection location, etc.) or picked-up by a curbside collection system and transferred for purposes of recycling. The filters must be contained after their initial acceptance or collection so as to capture used oil that may separate from them. Upon reaching a location where proper drainage is practical, the filters shall be managed in accordance with subsection (c) of this section.
(b) For the purposes of subsection (c) of this section, "used oil filters" are defined as filters which contain a residue of used oil (as defined in Health and Safety Code Section 25250.1(a)) and which are exempt from regulation as a hazardous waste under the scrap metal provision found in federal law (40 CFR Section 261.6(a)(3)(iv)).
(c) In accordance with subsection (a) of this section, used oil filters that meet the conditions of subsection (b) of this section and are managed and recycled in compliance with the following requirements shall not be regulated as hazardous waste.
(1) The filters are drained of free-flowing used oil. For the purposes of this subsection, free-flowing is defined as a continuous stream of oil exiting the filter when the filter is inverted. Oil exiting drop by drop is not considered to be free-flowing. However, if the filter is equipped with a device (such as a rubber flap located just inside the filter opening) which impedes the drainage of used oil from the filter, that device shall be manipulated to allow the oil to exit the filter freely, or the filter punctured, crushed, opened, drained, or otherwise handled in a manner that will allow the used oil to exit the filter.(2) The drained used oil filters are transported for purposes of metal reclamation to any of the following:(A) A smelter or other scrap metal processor where they are recycled or;(B) A storage facility or consolidation facility that subsequently transfers the filters to a facility described in paragraph (A) or (C) of this subsection or;(C) A municipal solid waste incinerator for energy recovery, if the residual casings are subsequently transferred to a facility described in paragraph (A) of this subsection, or to a storage or consolidation facility that subsequently transfers the residual casings to a facility described in paragraph (A) of this subsection.(3) The drained used oil filters are accumulated, stored, and transferred in a closed, rainproof container that is capable of containing any used oil that may separate from the filters placed inside. Drums of used oil filters shall be sealed during transfer so that used oil will not spill out when they are laid upon their sides. Drums shall be secured as a load to prevent movement or tipping during transfer. Containers shall be labelled as "drained used oil filters" (not as hazardous waste) and show initial date of accumulation or receipt on each container of filters.
(4) Storage of less than one ton of used oil filters shall be limited to one year. Storage of one ton or more of used oil filters is limited to 180 days.
(5) Persons generating, transporting, or receiving used oil filters shall use a bill of lading to record the transfer of used oil filters. Bills of lading must indicate generator, transporter, and receiving company names, addresses, telephone numbers, the quantity and size of used oil filter containers transferred, and the date of transfer. A copy of each bill of lading must be kept on the premises of the generator, transporter, and receiving facility where the used oil filters were handled. Copies of bills of lading shall be kept for a period of three years.
(6) Used oil which incidentally accumulates in a container used to store and/or transfer used oil filters shall not be subject to the requirements of Article 13, Chapter 6.5, Division 20, Health and Safety Code (HSC) until after the filters have been removed from the container so long as applicable requirements of this section are met. Used oil that is separated from the used oil filters during draining procedures, as required in paragraph (1) of subsection (c) of this section, shall be managed in accordance with Article 13 (HSC).
(d) A person who treats a used oil filter which has been drained of free-flowing oil in accordance with paragraph (1) of subsection (c) of this section is authorized, for the purposes of Health and Safety Code section 25201, to perform such activities if any used oil or other residue generated in the course of conducting those activities is managed in accordance with the requirements of this division.
 
  Note: Authority cited: Sections 25150, 25200, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159.5, 25175 and 25201, Health and Safety Code. 
  
 



Appendix I. -Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals
Table I-A -Tier I and Tier II Feed Rate and Emissions Screening Limits for
Noncarcinogenic Metals
 
for Facilities in Noncomplex Terrain
 
(Values for urban areas)
 
Terrain     Antimony    Barium       Lead      Mercury  Silver     Thallium
              (g/hr)      (g/hr)    (g/hr)      (g/hr)  (g/hr)     (g/hr)
adjusted
eff.
  stack.
  ht. (m)
4           6.0E+01     1.0E+04     1.8E+01    6.0E+01  6.0E+02    6.0E-01
6           6.8E+01     1.1E+04     2.0E-01    6.8E+01  6.8E+02    6.8E+01
8           7.6E+01     1.3E+04     2.3E+01    7.6E+01  7.6E+02    7.6E+01
10          8.6E+01     1.4E+04     2.6E+01    8.6E+01  8.6E+02    8.6E+01
12          9.6E+01     1.7E+04     3.0E+01    9.6E+01  9.6E+02    9.6E+01
14          1.1E+02     1.8E+04     3.4E+01    1.1E+02  1.1E+03    1.1E+02
16          1.3E+02     2.1E+04     3.6E+01    1.3E+02  1.3E+03    1.3E+02
18          1.4E+02     2.4E+04     4.3E+01    1.4E+02  1.4E+03    1.4E+02
20          1.6E+02     2.7E+04     4.6E+01    1.6E+02  1.6E+03    1.6E+02
22          1.8E+02     3.0E+04     5.4E+01    1.8E+02  1.8E+03    1.8E+02
24          2.0E+02     3.4E+04     6.0E+01    2.0E+02  2.0E+03    2.0E+02
26          2.3E+02     3.9E+04     6.8E+01    2.3E+02  2.3E+03    2.3E+02
28          2.6E+02     4.3E+04     7.8E+01    2.6E+02  2.6E+03    2.6E+02
30          3.0E+02     5.0E+04     9.0E+01    3.0E+02  3.0E+03    3.0E+02
35          4.0E+02     6.6E+04     1.1E+02    4.0E+02  4.0E+03    4.0E+02
40          4.6E+02     7.8E+04     1.4E+02    4.6E+02  4.6E+03    4.6E+02
45          6.0E+02     1.0E+05     1.8E+02    6.0E+02  6.0E+03    6.0E+02
50          7.8E+02     1.3E+05     2.3E+02    7.8E+02  7.8E+03    7.8E+02
55          9.6E+02     1.7E+05     3.0E+02    9.6E+02  9.6E+03    9.6E+02
60          1.2E+03     2.0E+05     3.6E+02    1.2E+03  1.2E+04    1.2E+03
65          1.5E+03     2.5E+05     4.3E+02    1.5E+03  1.5E+04    1.5E+03
70          1.7E+03     2.8E+05     5.0E+02    1.7E+03  1.7E+04    1.7E+03
75          1.9E+03     3.2E+05     5.8E+02    1.9E+03  1.9E+04    1.9E+03
80          2.2E+03     3.6E+05     6.4E+02    2.2E+03  2.2E+04    2.2E+03
85          2.5E+03     4.0E+05     7.6E+02    2.5E+03  2.5E+04    2.5E+03
90          2.8E+03     4.6E+05     8.2E+02    2.8E+03  2.8E+04    2.8E+03
95          3.2E+03     5.4E+05     9.6E+02    3.2E+03  3.2E+04    3.2E+03
100         3.6E+03     6.0E+05     1.1E+03    3.6E+03  3.6E+04    3.6E+03
105         4.0E+03     6.8E+05     1.2E+03    4.0E+03  4.0E+04    4.0E+03
110         4.6E+03     7.8E+05     1.4E+03    4.6E+03  4.6E+04    4.6E+03
115         5.4E+03     8.6E+05     1.6E+03    5.4E+03  5.4E+04    5.4E+03
120         6.0E+03     1.0E+06     1.8E+03    6.0E+03  6.0E+04    6.0E+03
 

Table I-B -Tier I and Tier II Feed Rate and Emissions Screening Limits for
Noncarcinogenic Metals
 
for Facilities in Noncomplex Terrain
 
(Values for rural areas)
 
Terrain     Antimony    Barium       Lead      Mercury  Silver     Thallium
              (g/hr)      (g/hr)    (g/hr)      (g/hr)  (g/hr)     (g/hr)
adjusted
eff.
  stack.
  ht. (m)
4           3.1E+01     5.2E+03     9.4E+00    3.1E+01  3.1E+02    3.1E-01
6           3.6E+01     6.0E+03     1.1E-01    3.6E+01  3.6E+02    3.6E+01
8           4.0E+01     6.8E+03     1.2E+01    4.0E+01  4.0E+02    4.0E+01
10          4.6E+01     7.8E+03     1.4E+01    4.6E+01  4.6E+02    4.6E+01
12          5.8E+01     9.6E+03     1.7E+01    5.8E+01  5.8E+02    5.8E+01
14          6.8E+01     1.1E+04     2.1E+01    6.8E+01  6.8E+02    6.8E+01
16          8.6E+01     1.4E+04     2.6E+01    8.6E+01  8.6E+02    8.6E+01
18          1.1E+02     1.8E+04     3.2E+01    1.1E+02  1.1E+03    1.1E+02
20          1.3E+02     2.2E+04     4.0E+01    1.3E+02  1.3E+03    1.3E+02
22          1.7E+02     2.8E+04     5.0E+01    1.7E+02  1.7E+03    1.7E+02
24          2.2E+02     3.6E+04     6.4E+01    2.2E+02  2.2E+03    2.2E+02
26          2.8E+02     4.6E+04     8.2E+01    2.8E+02  2.8E+03    2.8E+02
28          3.5E+02     5.8E+04     1.0E+02    3.5E+02  3.5E+03    3.5E+02
30          4.3E+02     7.6E+04     1.3E+02    4.3E+02  4.3E+03    4.3E+02
35          7.2E+02     1.2E+05     2.1E+02    7.2E+02  7.2E+03    7.2E+02
40          1.1E+03     1.8E+05     3.2E+02    1.1E+03  1.1E+04    1.1E+03
45          1.5E+03     2.5E+05     4.6E+02    1.5E+03  1.5E+04    1.5E+03
50          2.0E+03     3.3E+05     6.0E+02    2.0E+03  2.0E+04    2.0E+03
55          2.6E+03     4.4E+05     7.8E+02    2.6E+03  2.6E+04    2.6E+03
60          3.4E+03     5.8E+05     1.0E+02    3.4E+03  3.4E+04    3.4E+03
65          4.6E+03     7.6E+05     1.4E+02    4.6E+03  4.6E+04    4.6E+03
70          5.4E+03     9.0E+05     1.6E+03    5.4E+03  5.4E+04    5.4E+03
75          6.4E+03     1.1E+06     1.9E+03    6.4E+03  6.4E+04    6.4E+03
80          7.6E+03     1.3E+06     2.3E+03    7.6E+03  7.6E+04    7.6E+03
85          9.4E+03     1.5E+06     2.8E+03    9.4E+03  9.4E+04    9.4E+03
90          1.1E+04     1.8E+06     3.3E+03    1.1E+04  1.1E+05    1.1E+04
95          1.3E+04     2.2E+06     3.9E+03    1.3E+04  1.3E+05    1.3E+04
100         1.5E+04     2.6E+06     4.6E+03    1.5E+04  1.5E+05    1.5E+04
105         1.8E+04     3.0E+06     5.4E+03    1.8E+04  1.8E+05    1.8E+04
110         2.2E+04     3.6E+06     6.6E+03    2.2E+04  2.2E+05    2.2E+04
115         2.6E+04     4.4E+06     7.8E+03    2.6E+04  2.6E+05    2.6E+04
120         3.1E+04     5.0E+06     9.2E+03    3.1E+04  3.1E+05    3.1E+04
 
Table I-C -Tier I and Tier II Feed Rate and Emissions Screening Limits for
Noncarcinogenic Metals
 
for Facilities in Noncomplex Terrain
 
Values for urban and rural areas
 
Terrain     Antimony    Barium       Lead      Mercury  Silver     Thallium
              (g/hr)      (g/hr)    (g/hr)      (g/hr)  (g/hr)     (g/hr)
adjusted
eff.
  stack.
  ht. (m)
4           1.4E+01     2.4E+03     4.3E+00    1.4E+01  1.4E+02    1.4E-01
6           2.1E+01     3.5E+03     6.2E+00    2.1E+01  2.1E+02    2.1E+01
8           3.0E+01     5.0E+03     9.2E+00    3.0E+01  3.0E+02    3.0E+01
10          4.3E+01     7.6E+03     1.3E+01    4.3E+01  4.3E+02    4.3E+01
12          5.4E+01     9.0E+03     1.7E+01    5.4E+01  5.4E+02    5.4E+01
14          6.8E+01     1.1E+04     2.0E+01    6.8E+01  6.8E+02    6.8E+01
16          7.8E+01     1.3E+04     2.4E+01    7.8E+01  7.8E+02    7.8E+01
18          8.6E+01     1.4E+04     2.6E+01    8.6E+01  8.6E+02    8.6E+01
20          9.6E+01     1.6E+04     2.9E+01    9.6E+01  9.6E+02    9.6E+01
22          1.0E+02     1.8E+04     3.2E+01    1.0E+02  1.0E+03    1.0E+02
24          1.2E+02     1.9E+04     3.5E+01    1.2E+02  1.2E+03    1.2E+02
26          1.3E+02     2.2E+04     3.6E+01    1.3E+02  1.3E+03    1.3E+02
28          1.4E+02     2.4E+04     4.3E+01    1.4E+02  1.4E+03    1.4E+02
30          1.6E+02     2.7E+04     4.6E+01    1.6E+02  1.6E+03    1.6E+02
35          2.0E+02     3.3E+04     5.8E+01    2.0E+02  2.0E+03    2.0E+02
40          2.4E+02     4.0E+04     7.2E+01    2.4E+02  2.4E+03    2.4E+02
45          3.0E+02     5.0E+04     9.0E+01    3.0E+02  3.0E+03    3.0E+02
50          3.6E+02     6.0E+04     1.1E+02    3.6E+02  3.6E+03    3.6E+02
55          4.6E+02     7.6E+05     1.4E+02    4.6E+02  4.6E+03    4.6E+02
60          5.8E+02     9.4E+04     1.7E+02    5.8E+02  5.8E+03    5.8E+02
65          6.8E+02     1.1E+05     2.1E+02    6.8E+02  6.8E+03    6.8E+02
70          7.8E+02     1.3E+05     2.4E+02    7.8E+02  7.8E+03    7.8E+02
75          8.6E+02     1.4E+05     2.6E+02    8.6E+02  8.6E+03    8.6E+02
80          9.6E+02     1.6E+05     2.9E+02    9.6E+02  9.6E+03    9.6E+02
85          1.1E+03     1.8E+05     3.3E+02    1.1E+03  1.1E+04    1.1E+03
90          1.2E+03     2.0E+05     3.6E+02    1.2E+03  1.2E+04    1.2E+03
95          1.4E+03     2.3E+05     4.0E+02    1.4E+03  1.4E+04    1.4E+03
100         1.5E+03     2.6E+05     4.6E+02    1.5E+03  1.5E+04    1.5E+03
105         1.7E+03     2.8E+05     5.0E+02    1.7E+03  1.7E+04    1.7E+03
110         1.9E+03     3.2E+05     5.8E+02    1.9E+03  1.9E+04    1.9E+03
115         2.1E+03     3.6E+05     6.4E+02    2.1E+03  2.1E+04    2.1E+03
120         2.4E+03     4.0E+05     7.2E+02    2.4E+03  2.4E+04    2.4E+03
 
Table I-D -Tier I and Tier II Feed Rate and Emissions Screening Limits for
Noncarcinogenic Metals
 
for Facilities in Noncomplex Terrain
 
 
[Note:  The following TABLE/FORM is too wide to be displayed on one screen. 
You must print it for a meaningful review of its contents.  The table has been
divided into multiple pieces with each piece containing information to help you
assemble a printout of the table.  The information for each piece includes: (1)
a three line message preceding the tabular data showing by line # and
character # the position of the upper left-hand corner of the piece and the
position of the piece within the entire table; and (2) a numeric scale
following the tabular data displaying the character positions.]
*******************************************************************************
******** This is piece 1. -- It begins at character 1 of table line 1. ********
*******************************************************************************
 
Values for use in urban area    Values for use
Terrain         Arsenic         Cadmium  Chromium  Beryllium  Arsenic
adjusted        (g/hr)          (g/hr)    (g/hr)    (g/hr)    (g/hr)
eff. stack.
ht. (m)
4               4.6E-01         1.1E+00  1.7E-01    8.2E-01   2.4E-01
6               5.4E-01         1.3E+00  1.9E-01    9.4E-01   2.8E-01
8               6.0E-01         1.4E+00  2.2E-01    1.1E+00   3.2E-01
10              6.8E-01         1.6E+00  2.4E-01    1.2E+00   3.6E-01
12              7.6E-01         1.8E+00  2.7E-01    1.4E+00   4.3E-01
14              8.6E-01         2.1E+00  3.1E-01    1.5E+00   5.4E-01
16              9.6E-01         2.3E+00  3.5E-01    1.7E+00   6.8E-01
18              1.1E+00         2.6E+00  4.0E-01    2.0E+00   8.2E-01
20              1.2E+00         3.0E+00  4.4E-01    2.2E+00   1.0E+00
22              1.4E+00         3.4E+00  5.0E-01    2.5E+00   1.3E+00
24              1.6E+00         3.9E+00  5.8E-01    2.8E+00   1.7E+00
26              1.8E+00         4.3E+00  6.4E-01    3.2E+00   2.1E+00
28              2.0E+00         4.8E+00  7.2E-01    3.6E+00   2.7E+00
30              2.3E+00         5.4E+00  8.2E-01    4.0E+00   3.5E+00
35              3.0E+00         6.8E+00  1.0E+00    5.4E+00   5.4E+00
40              3.6E+00         9.0E+00  1.3E+00    6.8E+00   8.2E+00
45              4.6E+00         1.1E+01  1.7E+00    8.6E+00   1.1E+01
50              6.0E+00         1.4E+01  2.2E+00    1.1E+01   1.5E+01
55              7.6E+00         1.8E+01  2.7E+00    1.4E+01   2.0E+01
60              9.4E+00         2.2E+01  3.4E+00    1.7E+01   2.7E+01
65              1.1E+01         2.8E+01  4.2E+00    2.1E+01   3.6E+01
70              1.3E+01         3.1E+01  4.6E+00    2.4E+01   4.3E+01
75              1.5E+01         3.6E+01  5.4E+00    2.7E+01   5.0E+01
80              1.7E+01         4.0E+01  6.0E+00    3.0E+01   6.0E+01
85              1.9E+01         4.6E+01  6.8E+00    3.4E+01   7.2E+01
90              2.2E+01         5.0E+01  7.8E+00    3.9E+01   8.6E+01
95              2.5E+01         5.8E+01  9.0E+00    4.4E+01   1.0E+02
100             2.8E+01         6.8E+01  1.0E+01    5.0E+01   1.2E+02
105             3.2E+01         7.6E+01  1.1E+01    5.6E+01   1.4E+02
110             3.6E+01         8.6E+01  1.3E+01    6.4E+01   1.7E+02
115             4.0E+01         9.6E+01  1.5E+01    7.2E+01   2.0E+02
120             4.6E+01         1.1E+02  1.7E+01    8.2E+01   2.4E+02
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.
 
*******************************************************************************
******* This is piece 2. -- It begins at character 77 of table line 1. ********
*******************************************************************************
 
 in urban areas
   Cadmium         Chromium  Beryllium
   (g/hr)          (g/hr)     (g/hr)
   5.8E-01         8.6E-02   4.3E-01
   6.6E-01         1.0E-01   5.0E-01
   7.6E-01         1.1E-01   5.6E-01
   8.6E-01         1.3E-01   6.4E-01
   1.1E+00         1.6E-01   7.8E-01
   1.3E+00         2.0E-01   9.6E-01
   1.6E+00         2.4E-01   1.2E+00
   2.0E+00         3.0E-01   1.5E+00
   2.5E+00         3.7E-01   1.9E+00
   3.2E+00         4.8E-01   2.4E+00
   4.0E+00         6.0E-01   3.0E+00
   5.0E+00         7.6E-01   3.9E+00
   6.4E+00         9.8E-01   5.0E+00
   8.2E+00         1.2E+00   6.2E+00
   1.3E+01         1.9E+00   9.6E+00
   2.0E+01         3.0E+00   1.5E+01
   2.8E+01         4.2E+00   2.1E+01
   3.7E+01         5.4E+00   2.8E+01
   5.0E+01         7.2E+00   3.6E+01
   6.4E+01         9.6E+00   4.8E+01
   8.6E+01         1.3E+01   6.4E+01
   1.0E+02         1.5E+01   7.6E+01
   1.2E+02         1.8E+01   9.0E+01
   1.4E+02         2.2E+01   1.1E+02
   1.7E+02         2.6E+01   1.3E+02
   2.0E+02         3.0E+01   1.5E+02
   2.4E+02         3.6E+01   1.8E+02
   2.9E+02         4.3E+01   2.2E+02
   3.4E+02         5.0E+01   2.6E+02
   4.0E+02         6.0E+01   3.0E+02
   4.8E+02         7.2E+01   3.6E+02
   5.8E+02         8.6E+01   4.3E+02
77......+...90....+....0....+...10....
 
Table I-E -Tier I and Tier II Feed Rate and Emissions Screening Limits for
Carcinogenic Metals
 
for Facilities in Complex Terrain
 
Values for use in urban and rural areas
 
Terrain       Arsenic (g/hr)  Cadmium (g/hr)  Chromium (g/hr)  Beryllium (g/hr)
adjusted
eff. stack.
  ht. (m)
4             1.1E-01         2.6E-01             4.0E-02        2.0E-01
6             1.6E-01         3.9E-01             5.8E-02        2.9E-01
8             2.4E-01         5.8E-01             8.6E-02        4.3E-01
10            3.5E-01         8.2E-01             1.3E-01        6.2E-01
12            4.3E-01         1.0E+00             1.5E-01        7.6E-01
14            5.0E-01         1.3E+00             1.9E-01        9.4E-01
16            6.0E-01         1.4E+00             2.2E-01        1.1E+00
18            6.8E-01         1.6E+00             2.4E-01        1.2E+00
20            7.6E-01         1.8E+00             2.7E-01        1.3E+00
22            8.2E-01         1.9E+00             3.0E-01        1.5E+00
24            9.0E-01         2.1E+00             3.3E-01        1.6E+00
26            1.0E+00         2.4E+00             3.6E-01        1.8E+00
28            1.1E+00         2.7E+00             4.0E-01        2.0E+00
30            1.2E+00         3.0E+00             4.4E-01        2.2E+00
35            1.5E+00         3.7E+00             5.4E-01        2.7E+00
40            1.9E+00         4.6E+00             6.8E-01        3.4E+00
45            2.4E+00         5.4E+00             8.4E-01        4.2E+00
50            2.9E+00         6.8E+00             1.0E+00        5.0E+00
55            3.5E+00         8.4E+00             1.3E+00        6.4E+00
60            4.3E+00         1.0E+01             1.5E+00        7.8E+00
65            5.4E+00         1.3E+01             1.9E+00        9.6E+00
70            6.0E+00         1.4E+01             2.2E+00        1.1E+01
75            6.8E+00         1.6E+01             2.4E+00        1.2E+01
80            7.6E+00         1.8E+01             2.7E+00        1.3E+01
85            8.2E+00         2.0E+01             3.0E+00        1.5E+01
90            9.4E+00         2.3E+01             3.4E+00        1.7E+01
95            1.0E+01         2.5E+01             4.0E+00        1.9E+01
100           1.2E+01         2.8E+01             4.3E+00        2.1E+01
105           1.3E+01         3.2E+01             4.8E+00        2.4E+01
110           1.5E+01         3.5E+01             5.4E+00        2.7E+01
115           1.7E+01         4.0E+01             6.0E+00        3.0E+01
120           1.9E+01         4.4E+01             6.4E+00        3.3E+01
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix I. 
  
 



Appendix II -Tier I Feed Rate Screening Limits for Total Chlorine
                     Noncomplex Terrain  Complex Terrain
Terrain              Urban (g/hr)        Rural (g/hr)  (g/hr)
adjusted
eff. stack. ht. (m)
4                    8.2E + 01           4.2E + 01  1.9E + 01
6                    9.1E + 01           4.8E + 01  2.8E + 01
8                    1.0E + 02           5.3E + 01  4.1E + 01
10                   1.2E + 02           6.2E + 01  5.8E + 01
12                   1.3E + 02           7.7E + 01  7.2E + 01
14                   1.5E + 02           9.1E + 01  9.1E + 01
16                   1.7E + 02           1.2E + 02  1.1E + 02
18                   1.9E + 02           1.4E + 02  1.2E + 02
20                   2.1E + 02           1.8E + 02  1.3E + 02
22                   2.4E + 02           2.3E + 02  1.4E + 02
24                   2.7E + 02           2.9E + 02  1.6E + 02
26                   3.1E + 02           3.7E + 02  1.7E + 02
28                   3.5E + 02           4.7E + 02  1.9E + 02
30                   3.9E + 02           5.8E + 02  2.1E + 02
35                   5.3E + 02           9.6E + 02  2.6E + 02
40                   6.2E + 02           1.4E + 03  3.3E + 02
45                   8.2E + 02           2.0E + 03  4.0E + 02
50                   1.1E + 03           2.6E + 03  4.8E + 02
55                   1.3E + 03           3.5E + 03  6.2E + 02
60                   1.6E + 03           4.6E + 03  7.7E + 02
65                   2.0E + 03           6.2E + 03  9.1E + 02
70                   2.3E + 03           7.2E + 03  1.1E + 03
75                   2.5E + 03           8.6E + 03  1.2E + 03
80                   2.9E + 03           1.0E + 04  1.3E + 03
85                   3.3E + 03           1.2E + 04  1.4E + 03
90                   3.7E + 03           1.4E + 04  1.6E + 03
95                   4.2E + 03           1.7E + 04  1.8E + 03
100                  4.8E + 03           2.1E + 04  2.0E + 03
105                  5.3E + 03           2.4E + 04  2.3E + 03
110                  6.2E + 03           2.9E + 04  2.5E + 03
115                  7.2E + 03           3.5E + 04  2.8E + 03
120                  8.2E + 03           4.1E + 04  3.2E + 03
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix II. 
  
 



Appendix III. -Tier II Emission Rate Screening Limits for Free Chlorine and Hydrogen Chloride
-------------------------------------------------------------------------------
 Terrain-adjusted            Monocomplex terrain   Complex terrain
 effective stack
    height (m)
-------------------------------------------------------------------------------
                     Values for urban    Values for rural  Values for use in
                          areas               areas    urban & rural
        areas
  -----------------------------------------------------------
                    C12     HC:       C12     HC:  C12      HC:
                      (g/hr)    (g/hr)    (g/hr)    (g/hr)   (g/hr)     (g/hr)
-------------------------------------------------------------------------------
4                   8.2E+01   1.4E+03   4.2E+01   7.3E+02  1.9E+01    3.3E+02
6                   9.1E+01   1.6E+03   4.8E+01   8.3E+02  2.8E+01    4.8E+02
8                   1.0E+02   1.8E+03   5.3E+01   9.2E+02  4.1E+01    7.1E+02
10                  1.2E+02   2.0E+03   6.2E+01   1.1E+03  5.8E+01    1.0E+03
12                  1.3E+02   2.3E+03   7.7E+01   1.3E+03  7.2E+01    1.3E+03
14                  1.5E+02   2.6E+03   9.1E+01   1.6E+03  9.1E+01    1.6E+03
16                  1.7E+02   2.9E+03   1.2E+02   2.0E+03  1.1E+02    1.8E+03
18                  1.9E+02   3.3E+03   1.4E+02   2.5E+03  1.2E+02    2.0E+03
20                  2.1E+02   3.7E+03   1.8E+02   3.1E+03  1.3E+02    2.3E+03
22                  2.4E+02   4.2E+03   2.3E+02   3.9E+03  1.4E+02    2.4E+03
24                  2.7E+02   4.8E+03   2.9E+02   5.0E+03  1.6E+02    2.8E+03
26                  3.1E+02   5.4E+03   3.7E+02   6.5E+03  1.7E+02    3.0E+03
28                  3.5E+02   6.0E+03   4.7E+02   8.1E+03  1.9E+02    3.4E+03
30                  3.9E+02   6.9E+03   5.8E+02   1.0E+04  2.1E+02    3.7E+03
35                  5.3E+02   9.2E+03   9.6E+02   1.7E+04  2.6E+02    4.5E+03
40                  6.2E+02   1.1E+04   1.4E+03   2.5E+04  3.3E+02    5.7E+03
45                  8.2E+02   1.4E+04   2.0E+03   3.5E+04  4.0E+02    7.0E+03
50                  1.1E+03   1.8E+04   2.6E+03   4.6E+04  4.8E+02    8.4E+03
55                  1.3E+03   2.3E+04   3.5E+03   6.1E+04  6.2E+02    1.1E+04
60                  1.6E+03   2.9E+04   4.6E+03   8.1E+04  7.7E+02    1.3E+04
65                  2.0E+03   3.4E+04   6.2E+03   1.1E+06  9.1E+02    1.6E+04
70                  2.3E+03   3.9E+04   7.2E+03   1.3E+06  1.1E+03    1.8E+04
75                  2.5E+03   4.5E+04   8.6E+03   1.5E+06  1.2E+03    2.0E+04
80                  2.9E+03   5.0E+04   1.0E+04   1.8E+06  1.3E+03    2.3E+04
85                  3.3E+03   5.8E+04   1.2E+04   2.2E+06  1.4E+03    2.5E+04
90                  3.7E+03   6.6E+04   1.4E+04   2.5E+06  1.6E+03    2.9E+04
95                  4.2E+03   7.4E+04   1.7E+04   3.0E+06  1.8E+03    3.2E+04
100                 4.8E+03   8.4E+04   2.1E+04   3.6E+06  2.0E+03    3.5E+04
105                 5.3E+03   9.2E+04   2.4E+04   4.3E+06  2.3E+03    3.9E+04
110                 6.2E+03   1.1E+06   2.9E+04   5.1E+06  2.6E+03    4.5E+04
115                 7.2E+03   1.3E+06   3.5E+04   6.1E+06  2.8E+03    5.0E+04
120                 8.2E+03   1.4E+06   4.1E+04   7.2E+06  3.2E+03    5.6E+04
-------------------------------------------------------------------------------
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix III. 
  
 



Appendix IV. -Reference Air Concentrations [FNa1]
------------------------------------------------------------
Constituent                 CAS No.     RAC (ug/m<<super>>3)
------------------------------------------------------------
Acetaldehyde                75-07-0     10
Acetonitrile                75-05-8     10
Acetophenone                98-86-2     100
Acrolein                    107-02-8    20
Aldicarb                    116-06-3    1
Aluminum Phosphide          20859-73-8  0.3
Allyl Alcohol               107-18-6    5
Antimony                    7440-36-0   0.3
Barium                      7440-39-3   50
Barium Cyanide              542-62-1    50
Bromomethane                74-83-9     0.8
Calcium Cyanide             592-01-8    30
Carbon Disulfide            75-15-0     200
Chloral                     75-87-6     2
Chlorine (free)             0.4
2-Chloro-1,3-butadiene      126-99-8    3
Chromium III                16065-83-1  1000
Copper Cyanide              544-92-3    5
Cresols                     1319-77-3   50
Cumene                      98-82-8     1
Cyanide (free)              57-12-15    20
Cyanogen                    460-19-5    30
Cyanogen Bromide            506-68-3    80
Di-n-butyl Phthalate        84-74-2     100
o-Dichlorobenzene           95-50-1     10
p-Dichlorobenzene           106-46-7    10
Dichlorodifluoromethane     75-71-8     200
2,4-Dichlorophenol          120-83-2    3
Diethyl Phthalate           84-66-2     800
Dimethoate                  60-51-5     0.8
2,4-Dinitrophenol           51-28-5     2
Dinoseb                     88-85-7     0.9
Diphenylamine               122-39-4    20
Endosulfan                  115-29-1    0.05
Endrin                      72-20-8     0.3
Fluorine                    7782-41-4   50
Formic Acid                 64-18-6     2000
Glycidyaldehyde             765-34-4    0.3
Hexachlorocyclopentadiene   77-47-4     5
Hexachlorophene             70-30-4     0.3
Hydrocyanic Acid            74-90-3     20
Hydrogen Chloride           7647-01-1   7
Hydrogen Sulfide            7783-06-4   3
Isobutyl Alcohol            78-83-1     300
 Lead                       7439-92-1   0.09
Maleic Anyhdride            108-31-6    100
Mercury                     7439-97-6   0.3
Methacrylonitrile           126-98-7    0.1
Methomyl                    16752-77-5  20
Methoxychlor                72-43-5     50
Methyl Chlorocarbonate      79-22-1     1000
Methyl Ethyl Ketone         78-93-3     80
Methyl Parathion            298-00-0    0.3
Nickel Cyanide              557-19-7    20
Nitric Oxide                10102-43-9  100
Nitrobenzene                98-95-3     0.8
Pentachlorobenzene          608-93-5    0.8
Pentachlorophenol           87-86-5     30
Phenol                      108-95-2    30
M-Phenylenediamine          108-45-2    5
Phenylmercuric Acetate      62-38-4     0.075
Phosphine                   7803-51-2   0.3
Phthalic Anhydride          85-44-9     2000
Potassium Cyanide           151-50-8    50
Potassium Silver Cyanide    506-61-6    200
Pyridine                    110-86-1    1
Selenious Acid              7783-60-8   3
Selenourea                  630-10-4    5
Silver                      7440-22-4   3
Silver Cyanide              506-64-9    100
Sodium Cyanide              143-33-9    30
Strychnine                  57-24-9     0.3
1,2,4,5-Tetrachlorobenzene  95-94-3     0.3
2,3,4,6-Tetrachlorophenol   58-90-2     30
Tetraethyl Lead             78-00-2     0.0001
Tetrahydrofuran             109-99-9    10
Thallic Oxide               1314-32-5   0.3
Thallium                    7440-28-0   0.5
Thallium (I) Acetate        563-68-8    0.5
Thallium (I) Carbonate      6533-73-9   0.3
Thallium (I) Chloride       7791-12-0   0.3
Thallium (I) Nitrate        10102-45-1  0.5
Thallium Selenite           12039-52-0  0.5
Thallium (I) Sulfate        7446-18-6   0.075
Thiram                      137-26-8    5
Toluene                     108-88-3    300
1,2,4-Trichlorobenzene      120-82-1    20
Trichloromonofluoromethane  75-69-4     300
2,4,5-Trichlorophenol       95-95-4     100
 Vanadium Pentoxide         1314-62-1   20
Warfarin                    81-81-2     0.3
Xylenes                     1330-20-7   80
Zinc Cyanide                557-21-1    50
Zinc Phosphide              1314-84-7   0.3
------------------------------------------------------------
 
[FNa1] The RAC for other appendix VIII chapter 11 constituents not listed herein or in appendix V of this chapter is 0.1 ug/m<<super>>3.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix IV. 
  
 



Appendix V. -Risk Specific Doses (10-5)
-------------------------------------------------------------------------------
                                            Unit
-------------------------------------------------------------------------------
Constituent                     CAS No.     risk (m<<super-  RsD
                                              >>3/ug)    (ug/m<<super>>3)
Acrylamide                      79-06-1     1.3E-03  7.7E-03
Acrylonitrile                   107-13-1    6.8E-05  1.5E-01
Aldrin                          309-00-2    4.9E-03  2.0E-03
Aniline                         62-53-3     7.4E-06  1.4E+00
Arsenic                         7440-38-2   4.3E-03  2.3E-03
Benz(a)anthracene               56-55-3     8.9E-04  1.1E-02
Benxene                         71-43-2     8.3E-06  1.2E+00
Benzidine                       92-87-5     6.7E-02  1.5E-04
Benz(a)pyrene                   50-32-8     3.3E-03  3.0E-03
Beryllium                       7440-41-7   2.4E-03  4.2E-03
Bis(2-chloroethyl)ether         111-44-4    3.3E-04  3.0E-02
Bis(chloromethyl)ether          542-88-1    6.2E-02  1.6E-04
Bis(2-ethylhexyl)-phthalate     117-81-7    2.4E-07  4.2E+01
1,3-Butadiene                   106-99-0    2.8E-04  3.6E-02
Cadmium                         7440-43-9   1.8E-03  5.6E-03
Carbon Tetrachloride            56-23-5     1.5E-05  6.7E-01
Chlordane                       57-74-9     3.7E-04  2.7E-02
Chloroform                      67-66-3     2.3E-05  4.3E-01
Chloromethane                   74-87-3     3.6E-06  2.8E+00
Chromium VI                     7440-47-3   1.2E-02  8.3E-04
DDT                             50-29-3     9.7E-05  1.0E-01
Dibenz(a,h)anthracene           53-70-3     1.4E-02  7.1E-04
1,2-Dibromo-3-chloropropane     96-12-8     6.3E-03  1.6E-03
1,2-Dibromoethane               106-93-4    2.2E-04  4.5E-02
1,1-Dichloroethane              75-34-3     2.6E-05  3.8E-01
1,2-Dichloroethane              107-06-2    2.6E-05  3.8E-01
1,1-Dichloroethylene            75-35-4     5.0E-05  2.0E-01
1,3-Dichloropropene             542-75-6    3.5E-01  2.9E-05
Dieldrin                        60-57-1     4.6E-03  2.2E-03
Diethylstilbestrol              56-33-1     1.4E-01  7.1E-05
Dimethylnitrosamine             62-75-9     1.4E-02  7.1E-04
2,4-Dinitrotoluene              121-14-2    8.8E-05  1.1E-01
1,2-Diphenylhydrazine           122-66-7    2.2E-04  4.5E-02
1,4-Dioxane                     123-91-1    1.4E-06  7.1E+00
Epichlorohydrin                 106-89-8    1.2E-06  8.3E+00
Ethylene Oxide                  75-21-8     1.0E-04  1.0E-01
Ethylene Dibromide              106-93-4    2.2E-04  4.5E-02
Formaldehyde                    50-00-0     1.3E-05  7.7E-01
Heptachlor                      76-44-8     1.3E-03  7.7E-03
Heptachlor Epoxide              1024-57-3   2.6E-03  3.8E-03
Hexachlorobenzene               118-74-1    4.9E-04  2.0E-02
Hexachlorobutadiene             87-68-3     2.0E-05  5.0E-01
Alpha-hexachloro-cyclohexane    319-84-6    1.8E-03  5.6E-03
Beta-hexachloro-cyclohexane     319-85-7    5.3E-04  1.9E-02
Gamma-hexachloro-cyclohexane    58-89-9     3.8E-04  2.6E-02
Hexachlorocyclohexane,
Technical                                   5.1E-04 2.0E-02
Hexachlorodibenxo-p-dioxin(1,2              1.3E+0 7.7E-06
Mixture)
Hexachloroethane                67-72-1     4.0E-06  2.5E+00
Hydrazine                       302-01-2    2.9E-03  3.4E-03
Hydrazine Sulfate               302-01-2    2.9E-03  3.4E-03
3-Methycholanthrene             56-49-5     2.7E-03  3.7E-03
Methyl Hydrazine                60-34-4     3.1E-04  3.2E-02
Methylene Chloride              75-09-2     4.1E-06  2.4E+00
4,4 ' -Methylene-bis-2-
chloroaniline                   101-14-4    4.7E-05  2.1E-01
Nickel                          7440-02-0   2.4E-04  4.2E-02
Nickel Refinery Dust            7440-02-0   2.4E-04  4.2E-02
Nickel Subsulfide               12035-72-2  4.8E-04  2.1E-02
2-Nitropropane                  79-46-9     2.7E-02  3.7E-04
N-Nitroso-n-butylamine          924-16-3    1.6E-03  6.3E-03
N-Nitroso-n-methylurea          684-93-5    8.6E-02  1.2E-04
N-Nitrosodiethylamine           55-18-5     4.3E-02  2.3E-04
N-Nitrosopyrrolidine            930-55-2    6.1E-04  1.6E-02
Pentachloronitrobenzene         82-68-8     7.3E-05  1.4E-01
PCBs                            1336-36-3   1.2E-03  8.3E-03
Pronamide                       23950-58-5  4.6E-06  2.2E+00
Reserpine                       50-55-5     3.0E-03  3.3E-03
2,3,7,8-Tetrachloro-dibenzo-
p-dioxin                        1746-01-6   4.5E+01  2.2E-07
1,1,2,2-Tetrachloroethane       79-34-5     5.8E-05  1.7E-01
Tetrachloroethylene             127-18-4    4.8E-07  2.1E-+01
Thiourea                        62-56-6     5.5E-04  1.8E-02
1,1,2-Trichloroethane           79-00-5     1.6E-05  6.3E-01
Trichloroethylene               79-01-6     1.3E-06  7.7E-+00
2,4,6-Trichlorophenol           88-06-2     5.7E-06  1.8E+00
Toxaphene                       8001-35-2   3.2E-04  3.1E-02
 Vinyl Chloride                 75-01-4     7.1E-06  1.4E+00
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix V. 
  

 



Appendix VI. -Stack Plume Rise
[Estimated Plume Rise (in Meters) Based on Stack Exit Flow and Gas Temperature]
 
-------------------------------------------------------------------------------
                    Exhaust
                      Temperature (K
                      °)
Flow rate        <3 325-    350-     400- 450- 500- 600- 700- 800- 1000-  >1499
(m<<super>>3 /s) 25 349     399      449  499  599  699  799  999  1499
-------------------------------------------------------------------------------
<0.5             0  0       0        0    0    0    0    0   0    0      0
0.5-0.9          0  0       0        0    0    0    0    0   1    1      1
1.0-1.9          0  0       0        0    1    1    2    3   3    3      4
2.0-2.9          0  0       1        3    4    4    6    6   7    8      9
3.0-3.9          0  1       2        5    6    7    9    10   11   12     13
4.0-4.9          1  2       4        6    8    10   12   13   14   15     17
5.0-7.4          2  3       5        8    10   12   14   16   17   19     21
7.5-9.9          3  5       8        12   15   17   20   22   22   23     24
10.0-12.4        4  6       10       15   19   21   23   24   25   26     27
12.5-14.9        4  7       12       18   22   23   25   26   27   28     29
15.0-19.9        5  8       13       20   23   24   26   27   28   29     31
20.0-24.9        6  10      17       23   25   27   29   30   31   32     34
25.0-29.9        7  12      20       25   27   29   31   32   33   35     36
30.0-34.9        8  14      22       26   29   31   33   35   36   37     39
35.0-39.9        9  16      23       28   30   32   35   36   37   39     41
40.0-49.9        10 17      24       29   32   34   36   38   39   41     42
50.0-59.9        12 21      26       31   34   36   39   41   42   44     46
60.0-69.9        14 22      27       33   36   39   42   43   45   47     49
70.0-79.9        16 23      29       35   38   41   44   46   47   49     51
80.0-89.9        17 25      30       36   40   42   46   48   49   51     54
90.0-99.9        19 26      31       38   42   44   48   50   51   53     56
100.0-119.9      21 26      32       39   43   46   49   52   53   55     58
120.0-139.9      22 28      35       42   46   49   52   55   56   59     61
140.0-159.9      23 30      36       44   48   51   55   58   59   62     65
160.0-179.9      25 31      38       46   50   54   58   60   62   65     67
180.0-199.9      26 32      40       48   52   56   60   63   65   67     70
>199.9           26 33      41       49   54   58   62   65   67   69     73
 

 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix VI. 
  
 



Appendix VII. -Health-Based Limits for Exclusion of Waste-Derived Residues  [FNa1]
Metals-TCLP Extract Concentration Limits
-------------------------------------
                        Concentration
Constituent  CAS No.    Limits (mg/L)
-------------------------------------
Antimony     7440-36-0  1xE+00
Arsenic      7440-38-2  5xE+00
Barium       7440-39-3  1xE+02
Beryllium    7440-41-7  7xE-03
Cadmium      7440-43-9  1xE+00
Chromium     7440-47-3  5xE+00
 Lead        7439-92-1  5xE+00
Mercury      7439-97-6  2xE-01
Nickel       7440-02-0  7xE+01
Selenium     7782-49-2  1xE+00
Silver       7440-22-4  5xE+00
Thallium     7440-28-0  7xE+00
-------------------------------------
 
Nonmetals-Residue Concentration Limits
----------------------------------------------------------------------
  Concentration
Constituent                            CAS No.        Limits for
----------------------------------------------------------------------
  residues (mg/kg)
Acetonitrile                           75-05-8        2xE-01
Acetophenone                           98-86-2        4xE+00
Acrolein                               107-02-8       5xE-01
Acrylamide                             79-06-1        2xE-04
Acrylonitrile                          107-13-1       7xE-04
Aldrin                                 309-00-2       2xE-05
Allyl alcohol                          107-18-6       2xE-01
Aluminum phosphide                     20859-73-8     1xE-02
Aniline                                62-53-3        6xE-02
Barium cyanide                         542-62-1       1xE+00
Benz(a)anthracene                      56-55-3        1xE-04
Benzene                                71-43-2        5xE-03
Benzidine                              92-87-5        1xE-06
Bis(2-chloroethyl) ether               111-44-4       3xE-04
Bis(chloromethyl) ether                542-88-1       2xE-06
Bis(2-ethylhexyl) phthalate            117-81-7       3xE+01
Bromoform                              75-25-2        7xE-01
Calcium cyanide                        592-01-8       1xE-06
Carbon disulfide                       75-15-0        4xE+00
Carbon tetrachloride                   56-23-5        5xE-03
Chlordane                              57-74-9        3xE-04
Chlorobenzene                          108-90-7       1xE+00
Chloroform                             67-66-3        6xE-02
Copper cyanide                         544-92-3       2xE-01
Cresols (Cresylic acid)                1319-77-3      2xE+00
Cyanogen                               460-19-5       1xE+00
DDT                                    50-29-3        1xE-03
Dibenz(a,h)-anthracene                 53-70-3        7xE-06
1,2-Dibromo-3-chloropropane            96-12-8        2xE-05
p-Dichlorobenzene                      106-46-7  7.5xE-02
Dichlorodifluoromethane                75-71-8        7xE+00
1,1-Dichloroethylene                   75-35-4        5xE-03
2,4-Dichlorophenol                     120-83-2       1xE-01
1,3-Dichloropropene                    542-75-6       1xE-03
Dieldrin                               60-57-1        2xE-05
Diethyl phthalate                      84-66-2        3xE+01
Diethylstilbesterol                    56-53-1        7xE-07
Dimethoate                             60-51-5        3xE-02
2,4-Dinitrotoluene                     121-14-2       5xE-04
Diphenylamine                          122-39-4       9xE-01
1,2-Diphenylhydrazine                  122-66-7       5xE-04
Endosulfan                             115-29-7       2xE-03
Endrin                                 72-20-8        2xE-04
Epichlorohydrin                        106-89-8       4xE-02
Ethylene dibromide                     106-93-4       4xE-07
Ethylene oxide                         75-21-8        3xE-04
Fluorine                               7782-41-4      4xE+00
Formic acid                            64-18-6        7xE+01
Heptachlor                             76-44-8        8xE-05
                                       Concentration
Constituent                            CAS No.        Limits (mg/kg)
Heptachlor epoxide                     1024-57-3      4xE-05
Hexachlorobenzene                      118-74-1       2xE-04
Hexachlorobutadiene                    87-68-3        5xE-03
Hexachlorocyclopentadiene              77-47-4        2xE-01
Hexachlorodibenzo-p-dioxins            19408-74-3     6xE-08
Hexachloroethane                       67-72-1        3xE-02
Hydrazine                              302-01-1       1xE-04
Hydrogen cyanide                       74-90-8        7xE-05
Hydrogen sulfide                       7783-06-4      1xE-06
Isobutyl alcohol                       78-83-1        1xE+01
Methomyl                               16752-77-5     1xE+00
Methoxychlor                           72-43-5        1xE-01
3-Methylcholanthrene                   56-49-5        4xE-05
4,4 ' -Methylenebis (2-chloroaniline)  101-14-4       2xE-03
Methylene chloride                     75-09-2        5xE-02
Methyl ethyl ketone (MEK)              78-93-3        2xE+00
Methyl hydrazine                       60-34-4        3xE-04
Methyl parathion                       298-00-0       2xE-02
Naphthalene                            91-20-3        1xE+01
Nickel cyanide                         557-19-7       7xE-01
Nitric oxide                           10102-43-9     4xE+00
Nitrobenzene                           98-95-3        2xE-02
N-Nitrosodi-n-butylamine               924-16-3       6xE-05
N-Nitrosodiethylamine                  55-18-5        2xE-06
N-Nitroso-N-methylurea                 684-93-5       1xE-07
N-Nitrosopyrrolidine                   930-55-2       2xE-04
Pentachlorobenzene                     608-93-5       3xE-02
Pentachloronitrobenzene (PCNB)         82-68-8        1xE-01
Pentachlorophenol                      87-86-5        1xE+00
Phenol                                 108-95-2       1xE+00
Phenylmercury acetate                  62-38-4        3xE-03
Phosphine                              7803-51-2      1xE-02
Polychlorinated biphenyls, N.O.S.      1336-36-3      5xE-05
Potassium cyanide                      151-50-8       2xE+00
Potassium silver cyanide               506-61-6       7xE+00
Pronamide                              23950-58-5     3xE+00
Pyridine                               110-86-1       4xE-02
Reserpine                              50-55-5        3xE-05
Selenourea                             630-10-4       2xE-01
Silver cyanide                         506-64-9       4xE+00
Sodium cyanide                         143-33-9       1xE+00
Strychnine                             57-24-9        1xE-02
1,2,4,5-Tetrachlorobenzene             95-94-3        1xE-02
1,1,2,2-tetrachloroethane              79-34-5        2xE-03
Tetrachloroethylene                    127-18-4       7xE-01
2,3,4,6-Tetrachlorophenol              58-90-2        1xE-02
Tetraethyl lead                        78-00-2        4xE-06
Thiourea                               62-56-6        2xE-04
Toluene                                108-88-3       1xE+01
Toxaphene                              8001-35-2      5xE-03
1,1,2-Trichloroethane                  79-00-5        6xE-03
Trichloroethylene                      79-01-6        5xE-03
Trichloromonofluoromethane             75-69-4        1xE+01
2,4,5-Trichlorophenol                  95-95-4        4xE+00
2,4,6-Trichlorophenol                  88-06-2        4xE+00
 Vanadium pentoxide                    1314-62-1      7xE-01
 Vinyl chloride                        75-01-4        2xE-03
----------------------------------------------------------------------
 
[FNa1] The health-based concentration limits for Appendix VIII chapter 11 constituents for which a health-based concentration is not provided below is 2xE-06 mg/kg. 
[FNa2] The levels specified in this appendix and the default level of 0.002 micrograms per kilogram or the level of detection for constituents as identified in Note  1 of this appendix are administratively stayed under the condition, for those constituents specified in section 66266.112(b)(1), that the owner or operator complies with alternative levels defined as the disposal restriction limits specified in section 66268.43 of chapter 18 of the California Code of Regulations for F039 nonwastewaters. See section 66266.112(b)(2)(A).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix VII. 
  
 



Appendix VIII. -Potential PICs for Determination of Exclusion of Waste-Derived Residues
PICs Found in Stack Effluents
-----------------------------------------------------
 Volatiles                 Semivolatiles
-----------------------------------------------------
Benzene                    Bis(2-ethylhexyl)phthalate
Toluene                    Napthalene
Carbon tetrachloride       Phenol
Chloroform                 Diethyl phthalate
Methylene chloride         Butyl benzyl phthalate
Trichloroethylene          2,4-Dimethylphenol
Tetrachloroethylene        o-Dichlorobenzene
1,1,1-Trichloroethane      m-Dichlorobenzene
Chlorobenzene              p-Dichlorobenzene
cis-1,4-Dichloro-2-butene  Hexachlorobenzene
Bromochloromethane         2,4,6-Trichlorophenol
Bromodichloromethane       Fluoranthene
Bromoform                  o-Nitrophenol
Bromomethane               1,2,4-Trichlorobenzene
Methylene bromide          o-Chlorophenol
Methyl ethyl ketone        Pentachlorophenol
                           Pyrene
                           Dimethyl phthalate
                           Mononitrobenzene
                           2,6-Toluene diisocyanate
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix VIII. 
  
 



Appendix IX -Methods Manual for Compliance With the BIF Regulations Burning Hazardous Waste in Boilers and Industrial Furnaces
TABLE OF CONTENTS
 
1.0 Introduction
2.0 Performance Specifications for Continuous Emission Monitoring Systems
2.1 Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste
2.2 Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces
3.0 Sampling and Analytical Methods
4.0 Procedure for Estimating Toxicity Equipment or Chlorinated Dibenzo-P-Dioxin and Dibenzofuran Congeners
5.0 Hazardous Waste Combustion Air Quality Screening Procedure
6.0 Simplified Land Use Classification Procedure for Compliance With Tier I and Tier II Limits
7.0 Statistical Methodology for Bevill Residue Determinations
8.0 Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies
8.1 APCS RE Default Values for Metals
8.2 APCS RE Default Values for HCl and Cl 2
8.3 APCS RE Default Values for Ash
8.4 References
9.0 Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine
9.1 Partitioning Default Value for Metals
9.2 Special Procedures for Chlorine, HCl, and Cl
9.3 Special Procedures for Ash
9.4 Use of Engineering Judgement to Estimate Partitioning and APCS RE Values
9.5 Restrictions on Use of Test Data
10.0 Alternate Methodology for Implementing Metals Controls
10.1 Applicability
10.2 Introduction
10.3 Basis
10.4 Overview
10.5 Implementation Procedures
10.6 Precompliance Procedures
Appendix A-Statistics
SECTION 1.0 INTRODUCTION
This document presents required methods for demonstrating compliance with the State of California, Department of Toxic Substances Control regulations governing boilers and industrial furnaces (BIFs) burning hazardous waste (see Title 22, Chapter 16, article 8).  Included in this document are:
1. Performance Specifications for Continuous Emission Monitoring (CEM) of Carbon Monoxide, Oxygen, and Hydrocarbons in Stack Gases.
2. Sampling and Analytical (S&A) Methods for Multiple Metals, Hexavalent Chromium, HCl and Chlorine, Polychlorinated Dibenzo-p-dioxins and Dibenzofurans, and Aldehydes and Ketones.
3. Procedures for Estimating the Toxicity Equivalency of Chlorinated Dibenzo-p-dioxin and Dibenzofuran Congeners.
4. Hazardous Waste Combustion Air Quality Screening Procedures (HWCAQSP).
5. Simplified Land Use Classification Procedure for Compliance with Tier I and Tier II Limits.
6. Statistical Methodology for Bevill Residue Determinations.
7. Procedures for Determining Default Values for Air Pollution Control System Removal Efficiencies.
8. Procedures for Determining Default Values for Partitioning of Metals, Ash, and Total Chloride/Chlorine.
9. Alternate Methodology for Implementing Metals Controls.
Additional methods referenced in article 8 of chapter 16 but not included in this document can be found in 40 CFR parts 60 and 61, and "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (SW-846).
The CEM performance specifications of section 2.0, the S&A methods of section 3.0 and the toxicity equivalency procedure for dioxins and furans of section 4.0 are required procedures for determining compliance with BIF regulations. The CEM performance specifications and the S&A methods are interim.  The finalized CEM performance specifications and methods will be published in SW-846 or 40 CFR parts 60 and 61.
SECTION 2.0 PERFORMANCE SPECIFICATIONS FOR CONTINUOUS EMISSION MONITORING SYSTEMS
2.1 Performance Specifications for Continuous Emission Monitoring of Carbon Monoxide and Oxygen for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste
2.1.1 Applicability and Principle
2.1.1.1 Applicability.  These performance specifications apply to carbon monoxide (CO) and oxygen (O 2) continuous emission monitoring systems (CEMSs) installed on incinerators, boilers, and industrial furnaces burning hazardous waste.  The specifications include procedures which are intended to be used to evaluate the acceptability of the CEMS at the time of its installation or whenever specified in regulations or permits.  The procedures are not designed to evaluate CEMS performance over an extended period of time.  The source owner or operator is responsible for the proper calibration, maintenance, and operation of the CEMS at all times.
2.1.1.2 Principle.  Installation and measurement location specifications, performance and equipment specifications, test and data reduction procedures, and brief quality assurance guidelines are included in the specifications. Calibration drift, relative accuracy, calibration error, and response time tests are conducted to determine conformance of the CEMS with the specifications.
2.1.2 Definitions
2.1.2.1 Continuous Emission Monitoring System (CEMS).  A continuous monitor is one in which the sample to be analyzed passes the measurement section of the analyzer without interruption, and which evaluates the detector response to the sample at least once each 15 seconds and computes and records the results at least every 60 seconds.  A CEMS consists of all the equipment used to acquire data and includes the sample extraction and transport hardware, the analyzer(s), and the data recording/processing hardware and software.
2.1.2.2 Monitoring System Types.  The specification require CEMSs capable of accepting calibration gases.  Alternative system designs may be used if approved by the Director.  There are two basic types of monitoring systems: extractive and in-situ.
2.1.2.2.1 Extractive.  Systems that use a pump or other mechanical, pneumatic, or hydraulic means to draw a sample of the stack or flue gas and convey it to a remotely located analyzer.
2.1.2.2.2 In-situ.  Systems that perform an analysis without removing a sample from the stack.  Point in-situ analyzers place the sensing or detecting element directly in the flue gas stream.  Cross-stack in-situ analyzers measure the parameter of interest by placing a source beam on one side of the stack and the detector (in single-pass instruments) or a retroreflector (in double-pass instruments) on the other side, and measuring the parameter of interest (e.g., CO) by the attenuation of the beam by the gas in its path.
2.1.2.3 Instrument Measurement Range.  The difference between the minimum and the maximum concentration that can be measured by a specific instrument.  The minimum is often stated or assumed to be zero and the range expressed only as the maximum.
2.1.2.4 Span or Span Value.  Full scale instrument measurement range.
2.1.2.5 Calibration Drift (CD).  The difference in the CEMS output readings from the established reference value after a stated period of operation during which no unscheduled maintenance, repair, or adjustment takes place.  A CD test is performed to demonstrate the stability of the CEMS calibration over time.
2.1.2.6 Response Time.  The time interval between the start of a step change in the system input (e.g., change of calibration gas) and the time when the data recorder displays 95 percent of the final value.
2.1.2.7 Accuracy.  A measure of agreement between a measured value and an accepted or true value, expressed as the percentage difference between the true and measured values relative to the true value.  For these performance specifications, accuracy is checked by conducting a calibration error (CE) test and a relative accuracy (RA) test.  Certain facilities, such as those using solid waste or batch-fed processes, may observe long periods of almost no CO emissions with brief, high-level CO emission spikes.  These facilities, as well as facilities whose CO emissions never exceed 5-10 ppm, may need to be exempted from the RA requirement because the RA test procedure cannot ensure acquisition of meaningful test results under these conditions.  An alternative procedure for accuracy determination is described in section 2.1.9.
2.1.2.8 Calibration Error (CE).  The difference between the concentration indicated by the CEMS and the known concentration of the cylinder gas.  A CE test procedure is performed to document the accuracy and linearity of the monitoring equipment over the entire measurement range.
2.1.2.9 Relative Accuracy (RA).  A comparison of the CEMS response to a value measured by a performance test method (PTM).  The PA test is used to validate the calibration technique and verify the ability of the CEMS to provide representative and accurate measurements.
2.1.2.10 Performance Test Method (PTM). The sampling and analysis procedure used to obtain reference measurements for comparison to CEMS measurements.  The applicable test methods are Method 10, 10A, or 10B (for the determination of CO) and Method 3 or 3A (for the determination of O 2).  These methods are found in 40 CFR part 60, appendix A.
2.1.2.11 Performance Specification Test (PST) Period.  The period during which CD, CE, response time, and RA tests are conducted.
2.1.2.12  Centroidal Area.  A concentric area that is geometrically similar to the stack or duct cross section and is no greater than 1 percent of the stack or duct cross-sectional area.
2.1.3 Installation and Measurement Location Specifications
2.1.3.1 CEMS Installation and Measurement Locations.  The CEMS shall be installed in a location in which measurements representative of the source's emissions can be obtained.  The optimum location of the sample interface for the CEMS is determined by a number of factors, including ease of access for calibration and maintenance, the degree to
which sample conditioning will be required, the degree to which it represents total emissions, and the degree to which it represents the combustion situation in the firebox.  The location should be as free from in-leakage influences as possible and reasonably free from severe flow disturbances.  The sample location should be at least two equivalent duct diameters downstream from the nearest control device, point of pollutant generation, or other point at which a change in the pollutant concentration or emission rate occurs and at least 0.5 diameter upstream from the exhaust or control device.  The equivalent duct diameter is calculated as per 40 CFR part 60, appendix A, method 1, section 2.1.  If these criteria are not achievable or if the location is otherwise less than optimum, the possibility of stratification should be checked as described in Section 2.1.3.3 to determine whether the location would cause failure of the relative accuracy test.
2.1.3.1.1 For extractive or point in-situ CEMSs, the measurement point should be within or centrally located over the centroidal area of the stack or duct cross section.
2.1.3.1.2 For cross-stack CEMSs, the effective measurement path should (1) have at least 70 percent of the path within the inner 50 percent of the stack or duct cross-sectional area or (2) be centrally located over any part of the centroidal area.
2.1.3.1.3 Both the CO and O 2  monitors should be installed at the same general location.  If this is not possible, they may be installed at different locations if the effluent gases at both sample locations are not stratified and there is no in-leakage of air between sampling locations.
2.1.3.2 Performance Test Method (PTM) Measurement Location and Traverse Points.
2.1.3.2.1 Select an accessible PTM measurement point at least two equivalent diameters downstream from the nearest control device, the point of CO generation, or other point at which a change in the CO concentration may occur, and at least a half equivalent diameter upstream from the effluent exhaust or control device.  When pollutant concentration changes are due solely to diluent leakage (e.g., air heater leakages) and CO and O 2  are simultaneously measured at the same location, one half diameter may be used in place of two equivalent diameters.  The CEMS and PTM locations need not be the same.
2.1.3.2.2 Select traverse points that ensure acquisition of representative samples over the stack or duct cross section.  At a minimum, establish a measurement line that passes through the centroidal area in the direction of any expected stratification.  If this line interferes with the CEMS measurements, displace the line up to 30 cm (or 5 percent of the equivalent diameter of the cross section, whichever is less) from the centroidal area. Locate three traverse points at 17, 50, and 83 percent of the measurement line.  If the measurement line is no longer than 2.4 meters and pollutant stratification is not expected, the tester may choose to locate the three traverse points on the line at 0.4, 1.2, and 2.0 meters from the stack or duct wall.  This option must not be used at a site located within eight equivalent diameters downstream of a flow disturbance.  The tester may select other traverse points, provided that they can be shown to the satisfaction of the Director to provide a representative sample over the stack or duct cross-section.  Conduct all necessary PTM tests within 3 cm of the selected traverse points.  Sampling must not be performed within 3 cm of the duct or stack inner wall.
2.1.3.3 Stratification Test Procedure.  Stratification is defined as a difference in excess of 10 percent between the average concentration in the duct or stack and the concentration at any point more than 1.0 meter from the duct or stack wall.  To determine whether effluent stratification exists, a dual probe system should be used to determine the average effluent concentration while measurements at each traverse point are being made.  One probe, located at the stack or duct centroid, is used as a stationary reference point to indicate the change in effluent concentration over time.  The second probe is used for sampling the traverse points specified in method 1, appendix A, 40 CFR part 60.  The monitoring system samples sequentially at the reference and traverse points throughout the testing period for five minutes at each point.
2.1.4 CEMS Performance and Equipment Specifications
Table 2.1-1 summarizes the performance specifications for the CEMSs.  Two sets of standards for CO are given; one for low-range and another for high-range measurements.  The high-range specifications relate to measurement and quantification of short duration high concentration peaks, while the low-range specifications relate to the overall average operating condition of the burning device.  The dual-range specifications can be met by using (1) one analyzer for each range, (2) a dual range unit, or (3) a single measurement range instrument capable of meeting both specifications with a single unit.  Adjustments cannot be made to the analyzer between determinations of low- and high-level accuracy within the single measurement range.  In the second case, when the concentration exceeds the span of the lower range, the data acquisition system recorder shall switch to the high range automatically.
2.1.4.1 CEMS Span Value.  In order to measure high and low concentrations with the same or similar degree of accuracy, the maximum ranges (span values) are specified for low and high range analyzers.  The span values are listed in Table 2.1-2.  Tier I and Tier II format definitions are established in Title 22, Chapter 16, Article 8.
Table 2.1-1 -Performance Specifications of CO and O 2  Monitors
 
________________________________________________________________________
                             CO monitors
Parameter                    Low range      High range  O2
________________________________________________________________________
Calibration drift 24 hours.  <6 ppm [FN1]   <90 ppm  <0.5% O 2
Calibration error.           <10 ppm [FN1]  <150 ppm  <0.5% O 2
Response time.               <2 min         <2 min      <2 min
Relative accuracy [FN2].     ( [FN3])       ( [FN3])  (incorporated in
                                                        CO RA
  calculation)
________________________________________________________________________
 
[FNFOOTNOTE:] 1 For Tier II, CD and CE are <3% and <5% of twice the permit limit, respectively. 
[FNFOOTNOTE:] 2 Expressed as the sum of the mean absolute value plus the 95% confidence interval of a series of measurements. 
[FNFOOTNOTE:] 3 The greater of 10% of PTM or 10 ppm.
Table 2.1-2 -CEMS Span Values for CO and O 2  Monitors
 
_______________________________________________________________
                 CO monitors
                 Low range (ppm)    High range (ppm)  O 2
  (percent)
_______________________________________________________________
Tier I rolling   200                3,000             25
average format.
Tier II rolling  2 X permit limit.  3,000             25
average format.
_______________________________________________________________
 
2.1.4.2 Daily Calibration Gas Values.  The owner or operator must choose calibration gas concentrations (or calibration filters for in-situ systems) that include zero and high-level calibration values for the daily calibration checks.  For a single measurement range monitor, three CO calibration gas concentrations (or calibration filters for in-situ systems) shall be used, i.e., the zero and high-level concentrations of the low-range CO analyzer and the high-level concentration of the high-range CO analyzer.
2.1.4.2.1 The zero level for the CO or O 2  analyzer may be between zero and 20 percent of the span value, e.g., 0-40 ppm for low-range CO analyzer, 0-600 ppm for the high-range CO analyzer, and 0-5 percent for the O 2  analyzer (for Tier I).
2.1.4.2.2 The high-level concentration for the CO or O 2  analyzer shall be between 50 and 90 percent of the span value, i.e., 100-180 ppm for the low-range CO analyzer, 1500-2700 ppm for the high-range CO analyzer, and 12.5-22.5 percent O 2  for the O 2  analyzer.
2.1.4.3 Data Recorder Scale.  The strip chart recorder, computer, or digital recorder must be capable of recording all readings within the CEMS's measurement range and shall have a resolution of 0.5 percent of span value, i.e., 1 ppm CO for low-range CO analyzer, 15 ppm CO for high-range CO analyzer, and 0.1 percent O 2  for the O 2  analyzer.
2.1.4.4 Response Time.  The response time for the CO or O 2  monitor shall not exceed 2 minutes to achieve 95 percent of the final stable value.
2.1.4.5 Calibration Drift.  The CEMS must allow the determination of CD at the zero and high-level values.  The CD must be determined separately for CO and O 2  monitors in terms of concentration.  The CO CEMS calibration response must not drift or deviate from the reference value of the calibration gas (or calibration filters for in-situ systems) by more than 3 percent of the span value after each 24-hour period of the 7-day test, i.e., 6 ppm CO for the low-range analyzer (Tier I) and 90 ppm for the high-range analyzer, at both zero and high levels.  The O 2  monitor calibration response must not drift or deviate from the reference value by more than 0.5 percent O 2  at both zero and high levels.
2.1.4.6 Relative Accuracy.  The result of the PA test of the CO CEMS (which incorporates the O 2  monitor) must be no greater than 10 percent of the mean value of the PTM results or must be within 10 ppm CO of the PTM results, whichever is less restrictive.  The ppm CO concentration shall be corrected to 7 percent O 2  before calculating the RA.
2.1.4.7 Calibration Error.  The mean difference between the CEMS and reference values at all three test points (see Table 2.1-3) must be no greater than 5 percent of span value for CO monitors (i.e., 10 ppm CO for low-range Tier I CO analyzers and 150 ppm CO for high-range CO analyzers) and 0.5 percent for O 2  analyzers.
2.1.4.8 Measurement and Recording Frequency.  The sample to be analyzed shall pass through the measurement section of the analyzer without interruption.  The detector shall measure the sample concentration at least once every 15 seconds.  An average emission rate shall be computed and recorded at least once every 60 seconds.
2.1.4.9 Hourly Rolling Average Calculation.  The CEMS shall calculate every minute an hourly rolling average, which is the arithmetic mean of the 60 most recent 1-minute average values.
2.1.4.10 Retest.  If the CEMS produces results within the specified criteria, the test is successful.  If the CEMS does not meet one or more of the criteria, the necessary corrections must be made and the performance tests repeated.
2.1.5 Test Periods
2.1.5.1 Pretest Preparation Period.  Install the CEMS, prepare the PTM test site according to the specifications in section 2.1.3, and prepare the CEMS for operation and calibration according to the manufacturer's written instructions.  A pretest conditioning period similar to that of the 7-day CD test is recommended to verify the operational status of the CEMS.
2.1.5.2 Calibration Drift Test Period.  While the facility is operating under normal conditions, determine the CD at 24-hour intervals for seven consecutive days according to the procedure given in section 2.1.6.1.  All CD determinations must be made following a 24-hour period during which no unscheduled maintenance, repair, or adjustment takes place.  If the combustion unit is taken out of service during the test period, record the onset and the duration of the downtime and continue the calibration drift test when the unit resumes operation.
2.1.5.3 Relative Accuracy Test Period.  Conduct the RA test according to the procedure in section 2.1.6.4 while the facility is operating under normal conditions.  RA testing for CO and O 2  shall be conducted simultaneously so that the results can be calculated for CO corrected to 7 percent O 2.  The RA test shall be conducted during the CD test period.  It is emphasized that during the CD test period, no adjustments or repairs may be made to the CEMS other than routine calibration adjustments performed immediately following the daily CD determination.
2.1.5.4 Calibration Error Test and Response Time Test Periods.  Conduct the CE and response time tests during the CD test period.
2.1.6 Performance Specification Test Procedures
2.1.6.1 Calibration Drift Test.
2.1.6.1.1 Sampling Strategy.  Conduct the CD test for all monitors at 24-hour intervals for seven consecutive days using calibration gases at the two (or three, if applicable) concentration levels specified in section 2.1.4.2. Introduce the calibration gases into the sampling system as close to the sampling probe outlet as practical.  The gas shall pass through all filters, scrubbers, conditioners, and other CEMS components used during normal sampling.  If periodic automatic or manual adjustments are made to the CEMS zero and calibration settings, conduct the CD test immediately before these adjustments, or conduct it in such a way that the CD can be determined.  Record the CEMS response and subtract this value from the reference (calibration gas) value.  To meet the specification, none of the differences shall exceed the limits specified in Table 2.1-1.
2.1.6.1.2 Calculations.  Summarize the results on a data sheet.  An example is shown in Figure 2.1-1.  Calculate the differences between the CEMS responses and the reference values.
2.1.6.2 Response Time.  Check the entire CEMS including sample extraction and transport, sample conditioning, gas analyses, and the data recording.
2.1.6.2.1 Introduce zero gas into the system.  For extractive systems, introduce the calibration gases at the probe as near to the sample location as possible.  For in-situ system, introduce the zero gas at a point such that all components active in the analysis are tested.  When the system output has stabilized (no change greater than 1 percent of full scale for 30 seconds), switch to monitor stack effluent and wait for a stable value.  Record the time (upscale response time) required to reach 95 percent of the final stable value.
2.1.6.2.2 Next, introduce a high-level calibration gas and repeat the above procedure.  Repeat the entire procedure three times and determine the mean upscale and downscale response times.  The longer of the two means is the system response time.
2.1.6.3 Calibration Error Test Procedure.
2.1.6.3.1 Sampling Strategy.  Challenge each monitor (both low- and high-range CO and O 2) with zero gas and US EPA Protocol 1 cylinder gases at three measurement points within the ranges specified in Table 2.1-3.
Table 2.1-3 -Calibration Error Concentration Ranges for Tier I
 

______________________________________________________________________
                   GAS Concentration Ranges
                   CO, ppm
Measurement point  Low range [FN1]           High range  O 2 percent
______________________________________________________________________
1                  0-40                      0-600       0-2
2                  60-80                     900-1200  8-10
3                  140-160                   2100-2400  14-16
______________________________________________________________________
 
[FNFOOTNOTE:] 1 For Tier II, the CE specifications for the low-range CO CEMS are 0-20%, 30-40%, and 70-80% of twice the permit limit.

*Acceptance Criteria: 35% of span each day for seven days
Figure 2.1-1 Calibration Drift determination
 
2.1.6.3.1.1 If a single measurement range is used, the calibration gases used in the daily CD checks (if they are Protocol 1 cylinder gases and meet the criteria in section 2.1.6.3.1) may be used for determining CE.
2.1.6.3.1.2 Operate each monitor in its normal sampling mode as nearly as possible.  The calibration gas shall be injected into the sample system as close to the sampling probe outlet as practical and should pass through all CEMS components used during normal sampling.  Challenge the CEMS three non-consecutive times at each measurement point and record the responses.  The duration of each gas injection should be sufficient to ensure that the CEMS surfaces are conditioned.
2.1.6.3.2 Calculations.  Summarize the results on a data sheet.  An example data sheet is shown in Figure 2.1-2.  Average the differences between the instrument response and the certified cylinder gas value for each gas. Calculate three CE results (five CE results for a single-range CO CEMS) according to Equation 5 (section 2.1.7.5).  No confidence coefficient is used in CE calculations.
2.1.6.4 Relative Accuracy Test Procedure.
2.1.6.4.1 Sampling Strategy for PTM tests.  Conduct the PTM tests in such a way that they will yield measurements representative of the emissions from the source and can be correlated to the CEMS data.  Although it is preferable to conduct the CO, diluent, and moisture (if needed) simultaneously, moisture measurements that are taken within a 60-minute period which includes the simultaneous CO and O 2  measurements may be used to calculate the dry CO concentration. Note:At times, CEMS RA tests may be conducted during incinerator performance tests.  In these cases, PTM results obtained during CEMS RA tests may be used to determine compliance with incinerator emissions limits as long as the source and test conditions are consistent with the applicable regulations.

Figure 2.1-1 Calibration Error Determination
 
2.1.6.4.2 Performance Test Methods.
2.1.6.4.2.1 Unless otherwise specified in the regulations, method 3 or 3A and method 10, 10A, or 10B (40 CFR part 60, appendix A) are the test methods for O 2  and CO, respectively.  Make a sample traverse of at least 21 minutes, sampling for 7 minutes at each of three traverse points (see section 3.2).
2.1.6.4.2.2 When the installed CEMS uses a nondispersive infrared (NDIR) analyzer, method 10 shall use the alternative interference trap specified in section 10.1 of the method.  An option, which may be approved by the Director in certain cases, would allow the test to be conducted using method 10 without the interference trap.  Under this option, a laboratory interference test is performed for the analyzer prior to the field test.  The laboratory interference test includes the analysis of SO 2, NO, and CO 2  calibration gases over the range of expected effluent concentrations.  Acceptable performance is indicated if the CO analyzer response to each of the gases is less than 1 percent of the applicable measurement range of the analyzer.
2.1.6.4.3 Number of PTM Tests.  Conduct a minimum of nine sets of all necessary PTM tests.  If more than nine sets are conducted, a maximum of three sets may be rejected at the tester's discretion.  The total number of sets used to determine the RA must be greater than or equal to nine.  All data, including the rejected data, must be reported.
2.1.6.4.4 Correlation of PTM and CEMS Data.  The time and duration of each PTM test run and the CEMS response time should be considered in correlating the data.  Use the CEMS final output (the one used for reporting) to determine an integrated average CO concentration for each PTM test run.  Confirm that the pair of results are on a consistent moisture and O 2  concentration basis. Each integrated CEMS value should then be compared against the corresponding average PTM value.  If the CO concentration measured by the CEMS is normalized to a specified diluent concentration, the PTM results shall be normalized to the same value .
2.1.6.4.5 Calculations.  Summarize the results on a data sheet.  Calculate the mean of the PTM values and calculate the arithmetic differences between the PTM and the CEMS data sets.  The mean of the differences, standard deviation, confidence coefficient, and CEMS RA should be calculated using Equations 1 through 4.
2.1.7 Equations
2.1.7.1 Arithmetic Mean (d).  Calculate d of the difference of a data set using Equation 1.
where: n=Number of data points.
When the mean of the differences of pairs of data is calculated, correct the data for moisture, if applicable.
2.1.7.2 Standard Deviation (S d).  Calculate S d  using Equation 2.
2.1.7.3 Confidence Coefficient (CC).  Calculate the 2.5 percent error CC (one-tailed) using Equation 3.
where:
t 0.975 =t-value (see Table 2.1-4)
Table 2.1-4 -t Values
__________________________________________________________
n [FNa]  t 0.975  n [FNa]  t 0.975  n [FNa]  t 0.975
__________________________________________________________
2        12.706     7        2.447      12       2.201
3        4.303      8        2.365      13       2.179
4        3.182      9        2.306      14       2.160
5        2.776      10       2.662      15       2.145
6        2.571      11       2.228      16       2.131
__________________________________________________________
 
[FNFOOTNOTE:] a The values in this table are already corrected for n-1 degrees of freedom.
Use n equal to the number of individual values.
2.1.7.4 Relative Accuracy.  Calculate the RA of a set of data using Equation 4.
where:

Image 9 not available via Offline Print, but may be viewed on westlaw.com.      
where:
Image 11 not available via Offline Print, but may be viewed on westlaw.com.     
2.1.8 Reporting
At a minimum, summarize in tabular form the results of the CD, RA, response time, and CE test, as appropriate.  Include all data sheets, calculations, CEMS data records, and cylinder gas or reference material certifications.
2.1.9 Alternative Procedure
2.1.9.1 Alternative RA Procedure Rationale.  Under some operating conditions, it may not be possible to obtain meaningful results using the RA test procedure.  This includes conditions where consistent, very low CO emissions or low CO emissions interrupted periodically by short duration, high level spikes are observed.  It may be appropriate in these circumstances to waive the PTM RA test and substitute the following procedure.
2.1.9.2 Alternative RA Procedure.  Conduct a complete CEMS status check following the manufacturer's written instructions.  The check should include operation of the light source, signal receiver, timing mechanism functions, data acquisition and data reduction functions, data recorders, mechanically operated functions (mirror movements, calibration gas valve operations, etc.), sample filters, sample line heaters, moisture traps, and other related functions of the CEMS, as applicable.  All parts of the CEMS must be functioning properly before the RA requirement can be waived.  The instruments must also have successfully passed the CE and CD requirements of the performance specifications.  Substitution of the alternative procedure requires approval of the Director.
2.1.10 Quality Assurance (QA)
Proper calibration, maintenance, and operation of the CEMS is the responsibility of the owner or operator.  The owner or operator must establish a QA program to evaluate and monitor CEMS performance.  As a minimum, the QA program must include:
2.1.10.1 A daily calibration check for each monitor.  The calibration must be adjusted if the check indicates the instrument's CD exceeds the specification established in section 2.1.4.5.  The gases shall be injected as close to the probe as possible to provide a check of the entire sampling system.  If an alternative calibration procedure is desired (e.g., direct injections or gas cells), subject to Director's approval, the adequacy of this alternative procedure may be demonstrated during the initial 7-day CD test.  Periodic comparisons of the two procedures are suggested.
2.1.10.2 A daily system audit.  The audit must include a review of the calibration check data, an inspection of the recording system, an inspection of the control panel warning lights, and an inspection of the sample transport and interface system (e.g., flowmeters, filters), as appropriate.
2.1.10.3 A quarterly calibration error (CE) test.  Quarterly RA tests may be substituted for the CE test when approved by the Director on a case-by-case basis.
2.1.10.4 An annual performance specification test.
2.1.11 References
1. Jahnke, James A. and G.J. Aldina, "Handbook: Continuous Air Pollution Source Monitoring Systems," U.S. Environmental Protection Agency Technology Transfer, Cincinnati, Ohio 45268, EPA-625/6-79-005, June 1979.
2. "Gaseous Continuous Emissions Monitoring Systems--Performance Specification Guidelines for SO 2, NO x, CO 2, O 2, and TRS." U.S. Environmental Protection Agency OAQPS, ESED, Research Triangle Park, North Carolina 27711, EPA-450/3-82-026, October 1982.
3. "Quality Assurance Handbook for Air Pollution Measurement Systems: Volume I. Principles." U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/9-76-006, December 1984.
4. Michie, Raymond, M. Jr., et al., "Performance Test Results and Comparative Data for Designated Reference Methods for Carbon Monoxide," U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, EPA-600/S4-83-013, September 1982.
5. Ferguson, B.B., R.E. Lester, and W.J. Mitchell, "Field Evaluation of Carbon Monoxide and Hydrogen Sulfide Continuous Emission Monitors at an Oil Refinery," U.S. Environmental Protection Agency, Research Triangle Park, North Carolina, 27711, EPA-600/4-82-054, August 1982.
2.2 Performance Specifications for Continuous Emission Monitoring of Hydrocarbons for Incinerators, Boilers, and Industrial Furnaces Burning Hazardous Waste
2.2.1 Applicability and Principle
2.2.1.1 Applicability.  These performance specifications apply to hydrocarbon  (HC) continuous emission monitoring systems (CEMSs) installed on incinerators, boilers, and industrial furnaces burning hazardous waste.  The specifications include procedures which are intended to be used to evaluate the acceptability of the CEMS at the time of its installation or whenever specified in regulations or permits.  The procedures are not designed to evaluate CEMS performance over an extended period of time.  The source owner or operator is responsible for the proper calibration, maintenance, and operation of the CEMS at all times.
2.2.1.2 Principle.  A gas sample is extracted from the source through a heated sample line and heated filter (except as provided by section 2.2.10) to a flame ionization detector (FID).  Results are reported as volume concentration equivalents of propane.  Installation and measurement location specifications, performance and equipment specifications, test and data reduction procedures, and brief quality assurance guidelines are
included in the specifications.  Calibration drift, calibration error, and response time tests are conducted to determine conformance of the CEMS with the specifications.
2.2.2 Definitions
2.2.2.1 Continuous Emission Monitoring System (CEMS).  The total equipment used to acquire data, which includes sample extraction and transport hardware, analyzer, data recording and processing hardware, and software.  The system consists of the following major subsystems:
2.2.2.1.1 Sample Interface.  That portion of the system that is used for one or more of the following: Sample acquisition, sample transportation, sample conditioning, or protection of the analyzer from the effects of the stack effluent.
2.2.2.1.2 Organic Analyzer.  That portion of the system that senses organic concentration and generates an output proportional to the gas concentration.
2.2.2.1.3 Data Recorder.  That portion of the system that records a permanent record of the measurement values.  The data recorder may include automatic data reduction capabilities.
2.2.2.2 Instrument Measurement Range.  The difference between the minimum and the maximum concentration that can be measured by a specific instrument.  The minimum is often stated or assumed to be zero and the range expressed only as the maximum.
2.2.2.3 Span or Span Value.  Full scale instrument measurement range.
2.2.2.4 Calibration Gas.  A known concentration of a gas in an appropriate diluent gas.
2.2.2.5 Calibration Drift (CD).  The difference in the CEMS output readings from the established reference value after a stated period of operation during which no unscheduled maintenance, repair, or adjustment takes place.  A CD test is performed to demonstrate the stability of the CEMS calibration over time.
2.2.2.6 Response Time.  The time interval between the start of a step change in the system input (e.g., change of calibration gas) and the time when the data recorder displays 95 percent of the final value.
2.2.2.7 Accuracy.  A measurement of agreement between a measured value and an accepted or true value, expressed as the percentage difference between the true and measured values relative to the true value.  For these performance specifications, accuracy is checked by conducting a calibration error (CE) test.
2.2.2.8 Calibration Error (CE).  The difference between the concentration indicated by the CEMS and the known concentration of the cylinder gas.  A CE test procedure is performed to document the accuracy and linearity of the monitoring equipment over the entire measurement range.
2.2.2.9 Performance Specification Test (PST) Period.  The period during which the CD, CE,  and response time tests are conducted.
2.2.2.10 Centroidal Area.  A concentric area that is geometrically similar to the stack or duct cross section and is no greater than 1 percent of the stack or duct cross-sectional area.
2.2.3 Installation and Measurement Location Specifications
2.2.3.1 CEMS Installation and Measurement Locations.  The CEMS shall be installed in a location in which measurements representative of the source's emissions can be obtained.  The optimum location of the sample interface for the CEMS is determined by a number of factors, including ease of access for calibration and maintenance, the degree to which sample conditioning will be required, the degree to which it represents total emissions, and the degree to which it represents the combustion situation in the firebox.  The location should be as free from in-leakage influences as possible and reasonably free from severe flow disturbances.  The sample location should be at least two equivalent duct diameters downstream from the nearest control device, point of pollutant generation, or other point at which a change in the pollutant concentration or emission rate occurs and at least 0.5 diameter upstream from the exhaust or control device.  The equivalent duct diameter is calculated as per 40 CFR part 60, appendix A, method 1, section 2.1.  If these criteria are not achievable or if the location is otherwise less than optimum, the possibility of stratification should be investigated as described in section 2.2.3.2.  The measurement point shall be within the centroidal area of the stack or duct cross section.
2.2.3.2 Stratification Test Procedure.  Stratification is defined as a difference in excess of 10 percent between the average concentration in the duct or stack and the concentration at any point more than 1.0 meter from the duct or stack wall.  To determine whether effluent stratification exists, a dual probe system should be used to determine the average effluent concentration while measurements at each traverse point are being made.  One probe, located at the stack or duct centroid, is used as a stationary reference point to indicate the change in effluent concentration over time.  The second probe is used for sampling at the traverse points specified in 40 CFR part 60 appendix A, method 1.  The monitoring system samples sequentially at the reference and traverse points throughout the testing period for five minutes at each point.
2.2.4 CEMS Performance and Equipment Specifications
If this method is applied in highly explosive areas, caution and care shall be exercised in choice of equipment and installation.
2.2.4.1 Flame Ionization Detector (FID) Analyzer.  A heated FID analyzer capable of meeting or exceeding the requirements of these specifications. Heated systems shall maintain the temperature of the sample gas between 150 degrees C (300 degrees F) and 175 degrees C (350 degrees F) throughout the system.  This requires all system components such as the probe, calibration valve, filter, sample lines, pump, and the FID to be kept heated at all times such that no moisture is condensed out of the system. Note: As specified in the regulations, unheated HC CEMs may be considered an acceptable interim alternative monitoring technique.  For additional notes, see section 2.2.10. The essential components of the measurement system are described below:
2.2.4.1.1 Sample Probe.  Stainless steel, or equivalent, to collect a gas sample from the centroidal area of the stack cross-section.
2.2.4.1.2 Sample Line.  Stainless steel or Teflon tubing to transport the sample to the analyzer. Note:Mention of trade names or specific products does not constitute endorsement by the Department.
2.2.4.1.3 Calibration Valve Assembly.  A heated three-way valve assembly to direct the zero and calibration gases to the analyzer is recommended.  Other methods, such as quick-connect lines, to route calibration gas to the analyzers are applicable.
2.2.4.1.4 Particulate Filter.  An in-stack or out-of-stack sintered stainless steel filter is recommended if exhaust gas particulate loading is significant. An out-of-stack filter must be heated.
2.2.4.1.5 Fuel.  The fuel specified by the manufacturer (e.g., 40 percent hydrogen/60 percent helium, 40 percent hydrogen/60 percent nitrogen gas mixtures, or pure hydrogen) should be used.
2.2.4.1.6 Zero Gas.  High purity air with less than 0.1 parts per million by volume (ppm) HC as methane or carbon equivalent or less than 0.1 percent of the span value, whichever is greater.
2.2.4.1.7 Calibration Gases.  Appropriate concentrations of propane gas (in air or nitrogen).  Preparation of the calibration gases should be done according to the procedures in US EPA Protocol 1.  In addition, the manufacturer of the cylinder gas should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change by more than +2 percent from the certified value.
2.2.4.2 CEMS Span Value.  100 ppm propane.
2.2.4.3 Daily Calibration Gas Values.  The owner or operator must choose calibration gas concentrations that include zero and high-level calibration values.
2.2.4.3.1 The zero level may be between 0 and 20 ppm (zero and 20 percent of the span value).
2.2.4.3.2 The high-level concentration shall be between 50 and 90 ppm (50 and 90 percent of the span value).
2.2.4.4 Data Recorder Scale.  The strip chart recorder, computer, or digital recorder must be capable of recording all readings within the CEMS's measurement range and shall have a resolution of 0.5 ppm (0.5 percent of span value).
2.2.4.5 Response Time.  The response time for the CEMS must not exceed 2 minutes to achieve 95 percent of the final stable value.
2.2.4.6 Calibration Drift.  The CEMS must allow the determination of CD at the zero and high-level values.  The CEMS calibration response must not differ by more than +3 ppm (+3 percent of the span value) after each 24-hour period of the 7-day test at both zero and high levels.
2.2.4.7 Calibration Error.  The mean difference between the CEMS and reference values at all three test points listed below shall be no greater than 5 ppm (+5 percent of the span value).
2.2.4.7.1 Zero Level.  Zero to 20 ppm (0 to 20 percent of span value).
2.2.4.7.2 Mid-Level.  30 to 40 ppm (30 to 40 percent of span value).
2.2.4.7.3 High-Level.  70 to 80 ppm (70 to 80 percent of span value).
2.2.4.8 Measurement and Recording Frequency.  The sample to be analyzed shall pass through the measurement section of the analyzer without interruption.  The detector shall measure the sample concentration at least once every 15 seconds.  An average emission rate shall be computed and recorded at least once every 60 seconds.
2.2.4.9 Hourly Rolling Average Calculation.  The CEMS shall calculate every minute an hourly rolling average, which is the arithmetic mean of the 60 most recent 1-minute average values.
2.2.4.10 Retest.  If the CEMS produces results within the specified criteria, the test is successful.  If the CEMS does not meet one or more of the criteria, necessary corrections must be made and the performance tests repeated.
2.2.5 Performance Specification Test (PST) Periods
2.2.5.1 Pretest Preparation Period.  Install the CEMS, prepare the PTM test site according to the specifications in section 2.2.3, and prepare the CEMS for operation and calibration according to the manufacturer's written instructions.  A pretest conditioning period similar to that of the 7-day CD test is recommended to verify the operational status of the CEMS.
2.2.5.2 Calibration Drift Test Period.  While the facility is operating under normal conditions, determine the magnitude of the CD at 24-hour intervals for seven consecutive days according to the procedure given in section 2.2.6.1. All CD determinations must be made following a 24-hour period during which no unscheduled maintenance, repair, or adjustment takes place.  If the combustion unit is taken out of service during the test period, record the onset and duration of the downtime and continue the CD test when the unit resumes operation.
2.2.5.3 Calibration Error Test and Response Time Test Periods.  Conduct the CE and response time tests during the CD test period.
2.2.6 Performance Specification Test Procedures
2.2.6.1 Calibration Drift Test.
2.2.6.1.1 Sampling Strategy.  Conduct the CD test at 24-hour intervals for seven consecutive days using calibration gases at the two daily concentration levels specified in section 2.2.4.3.  Introduce the two calibration gases into the sampling system as close to the sampling probe outlet as practical.  The gas shall pass through all CEM components used during normal sampling.  If periodic automatic or manual adjustments are made to the CEMS zero and calibration settings, conduct the CD test immediately before these adjustments, or conduct it in such a way that the CD can be determined.  Record the CEMS response and subtract this value from the reference (calibration gas) value. To meet the specification, none of the differences shall exceed 3 ppm.
2.2.6.1.2 Calculations.  Summarize the results on a data sheet.  An example is shown in Figure 2.2-1.  Calculate the differences between the CEMS responses and the reference values.
2.2.6.2 Response Time.  The entire system including sample extraction and transport, sample conditioning, gas analyses, and the data recording is checked with this procedure.
2.2.6.2.1 Introduce the calibration gases at the probe as near to the sample location as possible.  Introduce the zero gas into the system.  When the system output has stabilized (no change greater than 1 percent of full scale for 30 sec), switch to monitor stack effluent and wait for a stable value.  Record the time (upscale response time) required to reach 95 percent of the final stable value.
2.2.6.2.2 Next, introduce a high-level calibration gas and repeat the above procedure.  Repeat the entire procedure three times and determine the mean upscale and downscale response times.  The longer of the two means is the system response time.
2.2.6.3 Calibration Error Test Procedure.
2.2.6.3.1 Sampling Strategy.  Challenge the CEMS with zero gas and US EPA Protocol 1 cylinder gases at measurement points within the ranges specified in section 2.2.4.7.
2.2.6.3.1.1. The daily calibration gases, if Protocol 1, may be used for this test.
2.2.6.3.1.2 Operate the CEMS as nearly as possible in its normal sampling mode.  The calibration gas should be injected into the sampling system as close to the sampling probe outlet as practical and shall pass through all filters, scrubbers, conditioners, and other monitor components used during normal sampling.  Challenge the CEMS three non-consecutive times at each measurement point and record the responses.  The duration of each gas injection should be for a sufficient period of time to ensure that the CEMS surfaces are conditioned.
2.2.6.3.2 Calculations.  Summarize the results on a data sheet.  An example data sheet is shown in Figure 2.2-2.  Average the differences between the instrument response and the certified cylinder gas value for each gas. Calculate three CE results according to Equation 1.  No confidence coefficient is used in CE calculations.
2.2.7 Equations
2.2.7.1 Calibration Error.  Calculate CE using Equation 1.
(Eq. 1)
Where:

2.2.8 Reporting
At a minimum, summarize in tabular form the results of the CD, response time, and CE test, as appropriate.  Include all data sheets, calculations, CEMS data records, and cylinder gas or reference material certifications.

*Acceptance Criteria: 33% of span each day for seven days.
Figure 2.2-1 Calibration Drift Determination
 

Figure 2.2-2 Calibration Error Determination
 
2.2.9 Quality Assurance (QA)
Proper calibration, maintenance, and operation of the CEMS is the responsibility of the owner or operator.  The owner or operator must establish a QA program to evaluate and monitor CEMS performance.  As a minimum, the QA program must include:
2.2.9.1 A daily calibration check for each monitor.  The calibration must be adjusted if the check indicates the instrument's CD exceeds 3 ppm.  The gases shall be injected as close to the probe as possible to provide a check of the entire sampling system.  If an alternative calibration procedure is desired (e.g., direct injections or gas cells), subject to Director's approval, the adequacy of this alternative procedure may be demonstrated during the initial 7-day CD test.  Periodic comparisons of the two procedures are suggested.
2.2.9.2 A daily system audit.  The audit must include a review of the calibration check data, an inspection of the recording system, an inspection of the control panel warning lights, and an inspection of the sample transport and interface system (e.g., flowmeters, filters), as appropriate.
2.2.9.3 A quarterly CE test.  Quarterly RA tests may be substituted for the CE test when approved by the Director on a case-by-case basis.
2.2.9.4 An annual performance specification test.
2.2.10 Alternative Measurement Technique
The regulations allow gas conditioning systems to be used in conjunction with unheated HC CEMs during an interim period.  This gas conditioning may include cooling to not less than 40 [FNo] F and the use of condensate traps to reduce the moisture content of sample gas entering the FID to less than 2 percent. The gas conditioning system, however, must not allow the sample gas to bubble through the condensate as this would remove water soluble organic compounds.  All components upstream of the conditioning system should be heated as described in section 2.2.4 to minimize operating and maintenance problems.
2.2.11 References
1. Measurement of Volatile Organic Compounds-Guideline Series. U.S. Environmental Protection Agency, Research Triangle Park, North Carolina, 27711, EPA-450/2-78-041, June 1978.
2. Traceability Protocol for Establishing True Concentrations of Gases Used for Calibration and Audits of Continuous Source Emission Monitors (Protocol No. 1). U.S. Environmental Protection Agency ORD/EMSL, Research Triangle Park, North Carolina, 27711, June 1978.
3. Gasoline Vapor Emission Laboratory Evaluation-Part 2. U.S. Environmental Protection Agency, OAQPS, Research Triangle Park, North Carolina, 27711, EMB Report No. 76-GAS-6, August 1975.
SECTION 3.0 SAMPLING AND ANALYTICAL METHODS Note:The sampling and analytical methods to the BIF manual are published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846, third edition and updates, as incorporated by reference in Section 66260.11 of this Division.
SECTION 4.0 PROCEDURE FOR ESTIMATING THE TOXICITY EQUIVALENCY OF CHLORINATED DIBENZO-P-DIOXIN AND DIBENZOFURAN CONGENERS
PCDDs and PCDFs must be determined using the method given in section 3.4 of this document. In this method, individual congeners or homologues [FN1]  are measured and then summed to yield a total PCDD/PCDF value. No toxicity factors are specified in the method to compute risks from such emissions. 
[FNFOOTNOTE:] 1 The term "congener" refers to any one particular member of the same chemical family; e.g., there are 75 congeners of chlorinated dibenzo-p-dioxins. The term "homologue" refers to a group of structurally related chemicals that have the same degree of chlorination. For example, there are eight homologues of CDs, monochlorinated through octachlorinated. Dibenzo-p-dioxins and dibenzofurans that are chlorinated at the 2,3,7 and 8 positions are denoted as "2378" congeners, except when 2, 3, 7, 8-TCDD is uniquely referred to: e.g., 1, 2, 3, 7, 8-PeCDF and 2, 3, 4, 7, 8- PeCDF are both referred to as "2378-PeCDFs."
For the purpose of estimating risks posed by emissions from boilers and industrial furnaces, however, specific congeners and homologues must be measured using the specified method and then multiplied by the assigned toxicity equivalence factors (TEFs), using procedures described in "Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and CDFs) and 1989 Update," EPA/625/3-89/016, March 1989. The resulting 2, 3, 7, 8-TCDD equivalents value is used in the subsequent risk calculations and modeling efforts as discussed in the BIF final rule.
The procedure for calculating the 2, 3, 7, 8-TCDD equivalent is as follows:
1. Using method 23, determine the concentrations of 2, 7, 3,8-congeners of various PCDDs and PCDFs in the sample.
2. Multiply the congener concentrations in the sample by the TEF listed in Table 4.0-1 to express the congener concentrations in terms of 2, 3, 7, 8-TCDD equivalent. Note that congeners not chlorinated at 2, 3, 7, and 8 positions have a zero toxicity factor in this table.
3. Add the products obtained in step 2, to obtain the total 2, 3, 7, 8-TCDD equivalent in the sample.
Sampling calculations are provided in US EPA document No. EPA/625/3-89/016, March 1989, which can be obtained from the  US EPA, ORD Publications Office, Cincinnati, Ohio (Phone no. 513-569-7562).
Table 4.0-1. -2,3,7,8-TCDD Toxicity Equivalence Factors (TEFs) [FN1]
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
______________________________
Mono-, Di-, and TriCDDs  0
2,3,7,8-TCDD             1
 Other TCDDs             0
2,3,7,8-PeCDD            0.5
 Other PeCDDs            0
2,3,7,8-HxCDD            0.1
 Other HxCDDs            0
2,3,7,8-HpCDD            0.01
 Other HpCDDs            0
OCDD                     0.001
Mono-, Di-, and TriCDFs  0
2,3,7,8-TCDF             0.1
 Other TCDFs             0
1,2,3,7,8-PeCDF          0.05
2,3,4,7,8-PeCDF          0.5
 Other PeCDFs            0
2378-HxCDFs              0.1
 Other HxCDFs            0
2378-HpCDFs              0.01
 Other HpCDFs            0
OCDF                     0.001
______________________________
 

Reference: Adapted from NATO/CCMS, 1988a. 
[FNFOOTNOTE:] 1 Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and Dibenzofurans (CDDs and CDFs) 1989 Update EPA/625/3-89/016, March 1989.
SECTION 5.0 HAZARDOUS WASTE COMBUSTION AIR QUALITY SCREENING PROCEDURE
The HWCAQSP is a combined calculation/reference table approach for conservatively estimating short-term and annual average facility impacts for stack emissions. The procedure is based on extensive short-term modeling of 11 generic source types and on a set of adjustment factors for estimating annual average concentrations from short-term concentrations. Facility impacts may be determined based on the selected worst-case stack or on multiple stacks, in which the impacts from each stack are estimated separately and then added to produce the total facility impact.
This procedure is most useful for facilities with multiple stacks, large source-to-property boundary distances, and complex terrain between 1 and 5 km from the facility. To ensure a sufficient degree of conservatism, the HWCAQSP may not be used if any of the five screening procedure limitations listed below are true:
w The facility is located in a narrow valley less than 1 km wide;
w The facility has a stack taller than 20 m and is located such that the terrain rises to the stack height within 1 km of the facility;
w The facility has a stack taller than 20 m and is located within 5 km of the shoreline of a large body of water;
w The facility property line is within 200 m of the stack and the physical stack height is less than 10 m; or
w On-site receptors are of concern, and stack height is less than 10 m.
If any of these criteria are met or the Director determines that this procedure is not appropriate, then detailed site-specific modeling or modeling using the "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources," EPA-450/4-88-010, Office of Air Quality Planning and Standards, August 1988, is required. Detailed site-specific dispersion modeling must conform to the US EPA "Guidance on Air Quality Models (Revised)", EPA 450/2-78- 027R, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina, July 1986. This document provides guidance on both the proper selection and regulatory application of air quality models.
Introduction
The Hazardous Waste Combustion Air Quality Screening Procedure (HWCAQSP) (also referred to hereafter as "the screening procedure" or "the procedure") provides a quick, easy method for estimating maximum (hourly) and annual average ambient air impacts associated with the combustion of hazardous waste. The methodology is conservative in nature and estimates dispersion coefficients [FN1]  based on facility-specific information. 
[FNFOOTNOTE:] 1 The term dispersion coefficient refers to the change in ambient air concentration (mg/m [FN3]) resulting from a source with an emission rate of 1 g/sec.
The screening procedure can be used to determine emissions limits at sites where the nearest meteorological (STAR) station is not representative of the meteorology at the site. If the screen shows that emissions from the site are adequately protective, then the need to collect site-specific meteorologic data can be eliminated.
The screening procedure is generally most helpful for facilities meeting one or more of the following conditions:
w Multiple stacks with substantially different release specifications (e.g., stack heights differ by >50 percent, exit temperatures differ by >50 [FNo] K, or the exit flow rates differ by more than a factor of 2),
w Terrain located between 1 km and 5 km from the site increases in elevation by more than the physical height of the shortest stack (i.e., the facility is located in complex terrain), or
w Significant distance between the facility's stacks and the site boundary  [guidance on determining whether a distance is "significant" is provided in Step 6(B) of the procedure].
Step 1 through 9 of the screening procedure present a simplified method for determining emissions based on the use of the "worst- case" stack. If the simplified method shows that desired feed rates result in emissions that exceed allowable limits for one or more pollutants, a refined analysis to examine the emissions from each stack can be conducted. This multiple-stack method is presented in Step 10.
The steps involved in screening methodology are as follows:
Step 1. Define Source Characteristics
Step 2. Determine the Applicability of the Screening Procedure
Step 3. Select the Worst-Case Stack
Step 4. Verify Good Engineering Practice (GEP) Criteria
Step 5. Determine the Effective Stack Height and Terrain-Adjusted Effective Stack Height
Step 6. Classify the Site as Urban or Rural
Step 7. Determine Maximum Dispersion Coefficients
Step 8. Estimate Maximum Ambient Air Concentrations
Step 9. Determine Compliance With Regulatory Limits
Step 10. Multiple Stack Method
Step 1. Define Source Characteristics
Provide the following source data: [FN2] 
[FNFOOTNOTE:] 2 Worksheet space is provided for three stacks. If the facility has additional stacks, copy the form and revise stack identification numbers for 4, 5, etc.
___________________________________________________
Stack Data:                     Stack  Stack  Stack
                                No. 1  No. 2  No. 3
___________________________________________________
Physical stack height (m)       ___    ___    ___
Exhaust temperature ( [FNo] K)  ___    ___    ___
Flow rate (m [FN3] /sec)        ___    ___    ___
___________________________________________________

 

Nearby Building Dimensions
Consider all buildings within five building heights or five maximum projected widths of the stack(s). For the building with the greatest height, fill in the spaces below.
Building Height (m)
Maximum projected building width (m)
Nearby Terrain Data
Determine maximum terrain rise for the following three distance ranges from the facility (not required if the highest stack is less than 10 m in height):
_____(m)  _____(m)  _____(m)
0-0.5 km  0-2.5 km  0-5 km
 
Distance from facility to nearest shoreline (km)
Valley width (km)
Step 2. Determine the Applicability of the Screening Procedure
Fill in the following data:
Is the Facility in a valley < kmin width? Yes__ No__
Is the terrain rise within 1 km of the facility greater than the physical stack height? (Only app;ies to staacks <20 meters in height) __ __
Is the distance to the nearest shoreline < 5 km? (Only applies to facilities with stacks < 20 meters in height) __ __
For the building listed in Step 1, is the closest property boundary < 5 times the building height or < 5 times the maximum projected building width? (Only applies to facilities with a stack height < 2.5 times the building height) __ __
If the answer is "no" to all the preceding questions, then the HWCAQSP is acceptable. If the answer to any question is "yes", the procedure is not acceptable.
Step 3: Select the Worst-Case Stack
If the facility has several stacks, a worst-case stack must be chosen to conservatively represent release conditions at the facility. Follow the steps below to identify the worst-case stack.
Apply the following equation to each stack:
K = HVT
where:
K = an arbitrary parameter accounting for the relative influence of the stack height and plume rise.
H = Physical stack height (m)
V = Flow rate (m [FN3] /sec)
T = Exhaust temperature ( [FNo] K)
Complete the following table to compute the "K" value for each stack:
________________________________________________________________
Stack No.  Stack       X  Flow rate      X  Exit temp =  K
           height (m)     (m [FN3]/sec)     (<<degrees>>K)
________________________________________________________________
1                      X                 X =
2                      X                 X =
3                      X                 X =
________________________________________________________________
 
Select the stack with the lowest "K" value. This is the worst-case stack that will be used for Steps 4 through 9.
Worst-Case Stack is identified as Stack No. ___
Step 4. Verify Good Engineering Practice (GEP) Criteria
Confirm that the selected worst-case stack meets Good Engineering Practice  (GEP) criteria. The stack height to be used in the subsequent steps of this procedure must not be greater than the maximum GEP. Maximum and minimum GEP stack heights are defined as follows:
CEP (minimum) = H + (1.5 X L)
GEP (maximum) = greater of 65 m or  H + (1.5 X L)
where:
H = height of the building selected in Step 1 measured from ground level elevation at the base of the stack
L = the lesser dimension of the height or projected width of the building selected in Step 1
Record the following data for the worse-case stack:
Stack height (m) =
H(m) =
L(m) =
Then compute the following:
GEP (minimum) (m) =
GEP (maximum) (m) =
w If the physical height of the worst-case stack exceeds the maximum GEP, then use the maximum GEP stack height for the subsequent steps of this analysis;
w If the physical height of the worst-case stack is less than the minimum GEP, then use generic source number 11 as the selected source for further analysis and proceed directly to Step 6;
w If the physical height of the worst-case stack is between the minimum and maximum GEP, then use the actual physical stack height for the subsequent steps of this analysis.
Step 5. Determine the Effective Stack Height and Terrain-Adjusted Effective Stack Height (TAESH)
The effective stack height is an important factor in dispersion modeling. The effective stack height is the physical height of the stack plus plume rise. As specified in Step 4, the stack height used to estimate the effective stack height must not exceed GEP requirements. Plume rise is a function of the stack exit gas temperature and flow rate.
In this analysis, the effective stack height is used to select the generic source that represents the dispersion characteristics of the facility. For facilities located in flat terrain and for all facilities with worst-case stacks less than or equal to 10 meters in height, generic source numbers are selected strictly on the basis of effective stack height. In all other cases, the effective stack height is further adjusted to take into account the terrain rise near the facility. This "terrain-adjusted effective stack height" (TAESH) is then used to select the generic source number that represents the dispersion characteristics of the facility. Follow the steps below to identify the effective stack height, the TAESH (where applicable), and the corresponding generic source number.
(A) Go to Table 5.0-1 and find the plume rise value corresponding to the stack temperature and exit flow rate for the worst-case stack determined in Step 3.
Plume rise =       _____ (m)
(B) Add the plume rise to the GEP stack height of the worst-case stack determined in Steps 3 and 4.
GEP stack height (m)  +  Plume rise (m)  =  Effective stack
                                            height (m)
_____                 +  _____________      =%_____________
 

(C) Go the first column of Table 5.0-2 and identify the range of effective stack heights that includes the effective stack height estimated in Step 5(B). Record the generic source number that corresponds to this range.
Generic source number =
(D) If the source is located in flat terrain [FN3], or if the generic source number identified in Step 5(C) above is 1 or 11 (regardless of terrain classifi-
cation), use the generic source number determined in Step 5(C) and proceed directly to Step 6. Otherwise, continue to Step 5(E). 
[FNFOOTNOTE:] 3 The terrain is considered flat and terrain adjustment factors are not used if the maximum terrain rise within 5 km of the facility (see Step 1) is less than 10 percent of the physical stack height of the worst-case stack.
(E) For those situations where the conditions in Step 5(D) do not apply, the effective stack height must be adjusted for terrain. The TAESH for each distance range is computed by subtracting the terrain rise within the distance range from the effective stack height [FN4]. 
[FNFOOTNOTE:] 4 Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of each range is used. For example, for the range >0.5-2.5 km, the maximum terrain rise in the range 0.0-2.5 km is used.
Table 5.0-1. -Estimated Plume Rise (in Meters) Based on Stack Exit Flow Rate
and Gas Temeprature
 
Exhaust Temperature ( [FNo] K)
 
Flow rate (m [FN3]/s) <325 325- 350- 400- 450- 500- 600-  700- 800- 1000- >1499
                           399  449  499  599  699  799  999  1499
<0.5                  0    0    0    0    0    0    0     0    0    0     0
0.5-0.9               0    0    0    0    0    0    0     0    1    1     1
1.0-1.9               0    0    0    0    1    1    2     3    3    3     4
2.0-2.9               0    0    1    3    4    4    6     6    7    8     9
3.0-3.9               0    1    2    5    6    7    9     10   11   12    13
4.0-4.9               1    2    4    6    8    10   12    13   14   15    17
5.0-7.4               2    3    5    8    10   12   14    16   17   19    21
7.5-9.9               3    5    8    12   15   17   20    22   22   23    24
10.0-12.4             4    6    10   15   19   21   23    24   25   26    27
12.5-14.9             4    7    12   18   22   23   25    26   27   28    29
15.0-19.9             5    8    13   20   23   24   26    27   28   29    31
20.0-24.9             6    10   17   23   25   27   29    30   31   32    34
25.0-29.9             7    12   20   25   27   29   31    32   33   35    36
30.0-34.9             8    14   22   26   29   31   33    35   36   37    39
35.0-39.9             9    16   23   28   30   32   35    36   37   39    41
40.0-49.9             10   17   24   29   32   34   36    38   39   41    42
50.0-59.9             12   21   26   31   34   36   39    41   42   44    46
60.0-69.9             14   22   27   33   36   39   42    43   45   47    49
70.0-79.9             16   23   29   35   38   41   44    46   47   49    51
80.0-89.9             17   25   30   36   40   42   46    48   49   51    54
90.0-99.9             19   26   31   38   42   44   48    50   51   53    56
100.0-119.9           21   26   32   39   43   46   49    52   53   55    58
120.0-139.9           22   28   35   42   46   49   52    55   56   59    61
140.0-159.9           23   30   36   44   48   51   55    58   59   62    65
160.0-179.9           25   31   38   46   50   54   58    60   62   65    67
180.0-199.9           26   32   40   48   52   56   60    63   65   67    70
>199.9                26   33   41   49   54   58   62    65   67   69    73
 
Table 5.0-2 -Selection of Generic Source Number
 
______________________________________
Effective stack height (m)  Generic
                            source No.
______________________________________
<10.0                       1
10.0-14.9                   2
15.0-19.9                   3
20.0-24.9                   4
25.0-30.9                   5
31.0-41.9                   6
42.0-52.9                   7
53.0-64.9                   8
65.0-122.9                  9
113.0+                      10
Downwash                    11
______________________________________
 
Table 5.0-3 -Classification of Land Use Types
 
_________________________________________________________
 Type  Description                            Urban or
                                              rural
                                              designation
_________________________________________________________
I1     Heavy Industrial                       Urban
I2     Light/Moderate Industrial              Urban
Cl     Commercial                             Urban
R1     Common Residential (Normal Easements)  Rural
R2     Compact Residential (Single Family)    Urban
R3     Compact Residential (Multi-Family)     Rural
R4     Estate Residential (Multi-Acre Plots)  Rural
A1     Metropolitan Natural                   Rural
A2     Agricultural                           Rural
A3     Undeveloped (Grasses/Weeds)            Rural
A4     Undeveloped (Heavily Wooded)           Rural
A5     Water Surfaces                         Rural
_________________________________________________________
 
[FNFOOTNOTE:] 1 US EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina, July, 1986. 
[FNFOOTNOTE:] 2 Auer, August H. Jr., "Correlation of Land Use and Cover with Meteorological Anomalies," Journal of Applied Meteorology, pp. 636-643, 1978.
_______________________________________________________________________________
Distance range  Effective stack-  -        Maximum terrain-  =        TAESH (m)
(km)            height (m) [see            rise (m) (see
                                  step  step
                                    5(B)]    1)
_______________________________________________________________________________
0.0-05          _____             -        _____  =       _____
>0.5-2.5        _____             -        _____  =       _____
>2.5-5.0        _____             -        _____  =       _____
 



If The terrain rise for any of the distance ranges is greater than the effective stack height, set the TAESH equal to zero and use generic source number 1 for that distance range.
Record the generic source numbers from Table 5.0-2 based on each of the TAESH values.
______________________________________________________________
Distance range (km)  Generic source No. (after terrain
                     adjustment)
______________________________________________________________
 0.0 - 0.5           _______  _____
 >0.5 - 2.5          _______  _____
 >2.5 - 5.0          _______  _____
______________________________________________________________
 

Step 6. Classify the Site as Urban or Rural
(A) Classify the land use near the facility as either urban or rural by determining the percentage of urban land use types (as defined in Table 3; for further guidance see the footnoted references) that fall within 3 km of the facility [FN5]. 
[FNFOOTNOTE:] 5 The delineation of urban and rural areas, can be difficult for the residential-type areas listed in Table 5.0-3. The degree of resolution in Table 5.0-3 for residential areas often cannot be identified without conducting site area inspections. This process can require extensive analysis, which, for many applications, can be greatly streamlined without sacrificing confidence in selecting the appropriate urban or rural classification. The fundamental simplifying assumption is based on the premise that many applications will have clear-cut urban/rural designations, i.e., most will be in rural settings that can be definitively characterized through a review of aerial photographs, zoning maps, or U.S. Geological Survey topographical maps.
Method Used to    Visual  Planimeter
Estimate Percent
Urban Land Use:   _____   _____
                  _____   _____
Estimated         Urban   Rural
Percentages       _____   _____
 

If the urban land use percentage is less than or equal to 30 percent based on a visual estimate, or 50 percent based on a planimeter, the local land use is considered rural. Otherwise, the local land use is considered urban.
Classification (check  Urban   Rural
applicable space.)     ______  _______

 
(B) Based on the TAESH and the urban/rural classification of surrounding land use, use the following table to determine the threshold distance between any stack and the nearest facility boundary.
                                   Distance (m)
Terrain adjusted effective stack  Urban   Rural
 height range (m)
1-9.9                             200     200
10-14.9                           200     250
15-19.9                           200     250
20-24.9                           200     350
25-30.9                           200     450
31-41.9                           200     550
42-52.9                           250     800
53-64.9                           300     1000
65-112.9                          400     1200
113+                              700     2500
 

Record the following information:
Threshold distance from the table (m):
Minimum distance from any stack to property boundary (m):
If the minimum distance between any stack and the nearest facility boundary is greater than the threshold distance, the surrounding buffer distance is considered significant and the facility is likely to benefit from use of the HWCAQSP relative to the Tier I and II limits (see discussion of benefits from using HWCAQSP in Introduction section).
Step 7. Determine Maximum Dispersion Coefficients
(A) Determine maximum average hourly dispersion coefficients. Based on the results of Step 6(A), select either Table 5.0-4 (urban) or Table 5.0-5 (rural) to determine the maximum average hourly dispersion coefficient [FN6]. For flat terrain [defined in Step 5(D)] and for all sites with generic source numbers 1 or 11, use Step 7(A)(1). For rolling or complex terrain (excluding generic sources numbers 1 and 11), use Step 7(A)(2). 
[FNFOOTNOTE:] 6 For the distance range 6 to 20 kilometers, generic source number 1 is used to conservatively represent the maximum dispersion coefficient.
(1) Search down the appropriate generic source number column [based on Step 5(C)], beginning at the minimum fenceline distance listed in Step 6(B) [FN7]. Record the maximum average hourly dispersion coefficient encountered. 
[FNFOOTNOTE:] 7 Exclude all distances that are closer to the facility than the property boundary. For example, if the actual distance to the nearest property boundary is 265 meters, begin at the 300 meter distance in Tables 5.0- 4 and 5.0-5.
Maximum Average Hourly Dispersion
Coefficient = (m/m [FN3] /g/sec)
(2) For each of the three distance-based generic source numbers listed in Step 5(E), search down the appropriate generic source number columns, beginning at the minimum fenceline distance listed in Step 6(B). Note that different columns may be used for each of the three distance ranges if there is a need for terrain adjustment. Record the maximum dispersion coefficient for each generic source number.
Distance   Generic source No.  Maximum dispersion
range      (from Step 5(E)]    coefficient (<<mu>>g/m [FN3]/m/sec)
(km)
0.0-0.5    _____               _______
>0.5-2.5   _____               _______
>2.5-5.0   _____               _______
>5.0-20.0  _____               _______
 

Table 5.0-4 -ISCST Predicted Maximum Concentrations (mg/m [FN3]) [FNa]  
for Hazardous Waste Combustors Using Urban Conditions
 
 
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Distance  Generic  Generic   Generic  Generic   Generic  Generic   Generic
(KM)      Source   Source   Source     Source    Source  Source   Source
          #1       #2       #3        #4        #5       #6        #7
          (<10M)   (10M)    (15M)     (20M)      (25M)  (31M)     (42M)
0.20      680.1    517.5    368.7     268.7     168.5  129.8     63.4
0.25      521.9    418.2    303.6     232.6     163.0  124.2     67.6
0.30      407.7    351.7    256.2     199.0     147.0  118.3     63.5
0.35      326.2    304.2    221.6     172.7     130.2  107.9     60.0
0.40      268.5    268.5    195.6     152.5     115.7    97.1      59.6
0.45      240.8    240.7    175.4     136.7     103.9    87.6      56.6
0.50      218.5    218.5    159.2     124.1     94.4     79.7      52.9
0.55      200.3    200.3    145.9     113.8     86.5     73.1      49.2
0.60      185.1    185.1    134.9     105.1     80.0     67.6      45.8
0.65      172.2    172.2    125.5     97.8      74.4     62.9      42.7
0.70      161.2    161.2    117.4     91.6      69.6     58.9      40.1
0.75      151.6    151.6    110.5     86.1      65.5     55.4      37.7
0.80      143.2    143.2    104.4     81.4      61.9     52.3      35.6
0.85      135.8    135.8    99.0      77.2      58.7     49.6      33.8
0.90      129.2    129.2    94.2      73.4      55.8     47.2      32.1
0.95      123.3    123.3    89.9      70.1      53.3     45.0      30.7
1.00      118.0    118.0    86.0      67.0      51.0     43.1      29.4
1.10      108.8    108.0    79.3      61.8      47.0     39.7      27.1
1.20      101.1    101.1    73.7      57.4      43.7     36.9      25.2
1.30      94.6     94.6     68.9      53.7      40.9     34.5      23.5
1.40      89.0     89.0     64.8      50.6      38.5     32.5      22.1
1.50      84.1     84.1     61.3      47.8      36.3     30.7      20.9
1.60      79.8     79.8     58.2      45.4      34.5     29.2      19.9
1.70      76.0     76.0     55.4      43.2      32.9     27.8      18.9
1.80      72.7     72.7     53.0      41.3      31.4     26.5      18.1
1.90      69.6     69.6     50.7      39.6      30.1     25.4      17.3
2.00      66.9     66.9     48.8      38.0      28.9     24.4      16.7
2.25      61.1     61.1     44.5      34.7      26.4     22.3      15.2
2.50      56.4     56.4     41.1      32.1      24.4     20.6      14.0
2.75      52.6     52.6     38.3      29.9      22.7     19.2      10.0
3.00      49.3     49.3     35.9      28.0      21.3     18.0      9.4
4.00      40.2     40.2     29.3      22.8      17.4     14.7      7.6
5.00      34.5     34.5     25.2      19.6      14.9     12.6      6.6
6.00      30.7     30.7     30.7      30.7      30.7     30.7      30.7
7.00      27.8     27.8     27.8      37.8      27.8     27.8      27.8
8.00      25.5     25.5     25.5      25.5      25.5     25.5      25.5
9.00      23.8     23.8     23.8      23.8      23.8     23.8      23.8
10.00     22.3     22.3     22.3      22.3      22.3     22.3      22.3
15.00     17.6     17.6     17.6      17.6      17.6     17.6      17.6
20.00     15.0     15.0     15.0      15.0      15.0     15.0      15.0
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+
 
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 Generic   Generic  Generic  Generic
  Source   Source    Source  Source
 #8        #9       #10      #11
 (53M)     (65M)    (113M)   (Down-
                             wash)
 30.1      18.4     1.6      662.3
 38.5      19.8     3.2      500.0
 41.5      25.0     4.2      389.3
 40.5      27.3     5.4      311.9
 37.8      27.4     5.8      268.5
 37.2      26.3     5.8      240.8
 36.7      24.7     5.8       218.5
 35.4      24.5     6.6       200.3
 33.8      24.3     7.1       185.1
 32.0      23.7     7.4      1 72.2
 30.2      22.9     7.5      1 61.2
 28.6      22.0     7.5      1 51.6
 27.1      21.1     7.4      1 43.2
 25.7      20.2     7.2      13 5.8
 24.5      19.3     7.0      12 9.2
 23.4      18.5     6.8      12 3.3
 22.4      17.7     6.5      11 8.0
 20.6      16.4     6.5      10 8.8
 19.2      15.2     6.4      10 1.1
 18.0      14.2     6.3      94.6
 16.9      13.4     6.1      89.0
 16.0      12.7     5.9      84.1
 15.2      12.0     5.6      79.8
 14.4      11.4     5.4      76.0
 13.8      10.9     5.2      72.7
 13.2      10.5     5.0      69.6
 12.7      10.1     4.8      66.9
 11.6      9.2      4.4      61.1
 10.7      8.5      4.1      56.4
 10.0      7.9      3.8      52.6
 9.4       7.4      3.6      49.3
 7.6       6.1      2.9      40.2
 6.6       5.2      2.5      34.5
 30.7      30.7     30.7     30. 7
 27.8      27.8     27.8     27. 8
 25.5      25.5     25.5     25. 5
 23.8      23.8     23.8     23. 8
 22.3      22.3     22.3     22 .3
 17.6      17.6     17.6     17 .6
 15.0      15.0     15.01    1 5.0
76.......+...90....+....0....+...10.
 

[FNFOOTNOTE:] 3 Based on a 1 Gram/Second Emission Rate
Table 5.0-5. -ISCST Predicted Maximum Concentrations (mg/m [FN3]) [FNa]  
for Hazardous Waste Combustors Using Rural Conditions
 
 
[Note:  The following TABLE/FORM is too wide to be displayed on one screen. 
You must print it for a meaningful review of its contents.  The table has been
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a three line message preceding the tabular data showing by line # and
character # the position of the upper left-hand corner of the piece and the
position of the piece within the entire table; and (2) a numeric scale
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Distance  Generic  Generic   Generic  Generic  Generic  Generic   Generic
(KM)      Source   Source   Source     Source  Source  Source   Source
          #1       #2       #3        #4       #5       #6        #7
          (<10M)   (10M)    (15M)     (20M)    (25M)  (31M)     (42M)
0.20      1771.1   670.3    308.6     176.8    102.8  76.5      28.0
0.25      1310.6   678.4    316.9     183.6    104.6  71.8      38.0
0.30      1022.3   629.2    303.4     199.1    100.4  75.0      39.7
0.35      798.4    569.6    282.3     200.7    117.0  71.1      36.3
0.40      656.9    516.5    278.7     194.4    125.2  82.7      25.3
0.45      621.5    471.1    277.6     184.3    127.5  89.7      35.6
0.50      633.5    432.4    272.0     172.7    125.7  92.9      34.4
0.55      630.1    399.2    263.8     168.0    121.6  93.3      38.6
0.60      616.6    370.4    254.0     169.1    116.2  91.8      42.6
0.65      596.7    345.4    243.6     168.1    110.3  89.2      45.3
0.70      573.2    323.4    232.9     165.6    104.5  85.8      47.0
0.75      546.9    304.0    222.3     162.0    98.8  82.2      47.7
0.80      520.9    286.8    212.1     157.7    98.8  78.5      47.8
0.85      495.7    271.5    202.4     153.0    99.0  74.9      47.4
0.90      471.5    257.8    193.3     148.1    98.6  71.4      46.6
0.95      448.5    245.4    184.7     143.1    97.6  72.3      45.6
1.00      426.8    234.2    176.8     138.1    96.3  72.6      44.4
1.10      387.5    214.7    162.5     128.2    91.9  71.1      41.8
1.20      353.5    198.4    150.3     119.3    87.4  69.1      39.1
1.30      323.0    189.6    139.9     111.5    82.9  66.7      36.6
1.40      296.6    182.2    130.8     104.5    78.7  64.2      34.3
1.50      273.3    174.6    122.9     98.3     74.7  61.6      32.3
1.60      252.7    167.0    115.9     92.8     71.0  59.1      31.8
1.70      234.5    159.6    109.7     87.9     67.6  56.7      31.6
1.80      218.3    152.4    104.1     83.5     64.4  54.3      31.3
1.90      203.7    145.6    99.1      79.5     61.5  52.1      30.9
2.00      190.7    139.1    94.6      75.9     58.8  50.0      30.4
2.25      164.4    124.5    85.1      68.3     53.0  45.4      28.9
2.50      143.7    112.1    77.3      62.1     48.2  41.4      27.2
2.75      127.0    101.5    70.9      56.9     38.1  38.1      25.6
3.00      113.4    92.4     65.6      52.6     35.2  35.2      24.0
4.00      78.8     67.3     50.6      40.6     27.2  27.2      29.0
5.00      59.1     54.6     41.4      33.2     22.2  22.2      15.6
6.00      56.7     46.7     46.7      46.7     46.7  46.7      46.7
7.00      40.4     40.4     40.4      40.4     40.4  40.4      40.4
8.00      35.8     35.8     35.8      35.8     35.8  35.8      35.8
9.00      32.2     32.2     32.2      32.2     32.2  32.2      32.2
10.00     9.4      29.4     29.4      29.4     29.4  29.4      29.4
15.00     20.5     20.5     20.5      20.5     20.5  20.5      20.5
20.00     15.9     15.9     15.9      15.9     15.9  15.9      15.9
1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....
 
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 Generic  Generic  Generic  Generic
  Source  Source   Source   Source
 #8       #9       #10      #11
 (53M)    (65M)    (113M)   (Down-
                            wash)
 10.1     3.5      0.0      1350.8
 17.6     7.9      0.2      1227.3
 24.0     12.6     0.8      1119.3
 25.9     16.8     1.9      1023.8
 24.6     18.1     3.1      938.9
 21.7     17.6     4.3      851.8
 21.6     15.9     5.5      787.8
 22.1     13.6     6.5      730.6
 21.7     14.3     6.7      676.4
 20.9     14.7     6.4      633.4
 23.3     14.6     5.9      592.0
 25.5     14.3     5.5       554.6
 27.1     13.8     5.1       522.1
 28.3     15.0     4.7       491.8
 29.1     16.3     4.5       464.2
 29.6     17.3     4.2       438.9
 29.8     18.2     4.0       415.8
 29.5     19.3     3.9       375.0
 28.6     19.8     4.1       340.3
 27.5     19.8     4.2       310.4
 26.2     19.5     4.2       284.6
 24.9     19.0     4.2      2 62.0
 23.6     18.4     4.2      2 42.2
 22.5     17.7     4.3      2 24.7
 21.4     17.0     4.5      2 11.9
 20.4     16.3     4.8      19 8.4
 19.5     15.7     5.1      18 6.3
 18.1     14.2     5.4      16 0.8
 17.9     12.9     5.5      14 0.7
 17.5     11.8     5.4      12 4.5
 17.0     11.2     5.2      112 .5
 14.3     10.4     4.3      78.3
 12.0     9.3      3.5      58.8
 46.7     46.7     46.7     46. 7
 40.4     40.4     40.4     40. 4
 35.8     35.8     35.8     35. 8
 32.2     32.2     32.2     32. 2
 29.4     29.4     29.4     29. 4
 20.5     20.5     20.5     20 .5
 15.9     15.9     15.9     15 .9
75..80....+...90....+....0....+...1
 

[FNFOOTNOTE:] a Based on a 1 Gram/Second Emission Rate
(B) Determine annual/hourly ratio for rural analysis. The maximum average annual dispersion coefficient is approximated by multiplying the maximum hourly dispersion coefficient (identified in Step 7(A) by the appropriate ratio selection from Table 5.0-6. The generic source number(s) [from Steps 5(C) or 5(E)], urban/rural designation (from Step 6), and the terrain type are used to select the appropriate scaling factor. Use the noncomplex terrain designation for all sources located in flat terrain, for all sources where the physical stack height of the worst-case stack is less than or equal to 10 m, for all sources where the worst-case stack is less than the minimum GEP, and for those sources where all of the TAESH values in Step 5(E) are greater than zero. Use the complex terrain designation in all other situations.
(C) Determine maximum average annual dispersion coefficient. The maximum average annual dispersion coefficient is determined by multiplying the maximum hourly dispersion coefficient (Step 7(A)) by its corresponding annual/hourly ratio (Step 7(B)).

Terrain    Distance from    Generic    Maximum hourly  Annual  Maximum
             stack (m)        source
                            No.        dispersion co-  hourly  annual
                                       efficient  ratio   dispersion
                                       (<<mu>>g/m     coefficient
                                         [FN3]/g/sec)
     (<<mu>>g/m
       [FN3]/g/sec)
Flat       0-20.0
           0-0.5
           >0.5-2.5
Rolling    >2.5-5.0
  or
Complex    >5.0-20.0
 

[FNFOOTNOTE:] 1 Maximum hourly dispersion coefficient times annual/hourly ratio.
Step 8: Estimate Maximum Ambient Air Concentrations -see procedures prescribed in article 8 of chapter 16.
Step 9: Determine Compliance with Regulatory Limits -see procedures prescribed in article 8 of chapter 16.
Step 10: Multiple Stack Method (Optional)
This option is a special case procedure that may be helpful when (1) the facility exceeded the regulatory limits for one or more pollutants, as detailed in Step 9, and (2) the facility has multiple stacks with substantially different emission rates and effective release heights. Only those pollutants that fail the Step 9 screening limits need to be addressed in this exercise.
This procedure assesses the environmental impacts from each stack and then sums the results to estimate total impacts. This option is conceptually the same as the basic approach (Steps 1 through 9) and does not involve complex calculations. However, it is more time-consuming and is recommended only if the basic approach fails to meet the risk criteria. The procedure is outlined below.
(A) Compute effective stack heights for each stack.  [FN8] 
[FNFOOTNOTE:] 8 Follow the procedure outlined in Step 4 of the basic screening procedure to determine the GEP for each stack. If a stack's physical height exceeds the maximum GEP, use the maximum GEP values.  If a stack's physical height  is less than the minimum GEP, use generic source number 11 in the subsequent steps of this analysis. Follow the procedure in Steps 5(A) and 5(B) to determine the effective height of each stack.
Stack    GEP       Flow rate      Exit temp         Plume rise   Effective
  No.      stack                    (<<degree>>K)     (m)        stack
         height    (m [FN3]/sec)      height (m)
1                  _____          _____             _____      _____
2                  _____          _____             _____      _____
3                  _____          _____             _____      _____
   Add an additional page if more than three stacks are involved. Circle the
                 maximum and minimum effective stack heights.
 

(B) Determine if this multiple-stack screening procedure will likely produce less conservative results than the procedure in Steps 1 through 9. To do this, compute the ratio of maximum-to-minimum effective stack height:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Maximum Effective Stack Height
--------------------------------  =  ___________________
Minimum Effective Stack Height

 
If the above ratio is greater than 1.25, proceed with the remaining steps. Otherwise, this option is less likely to significantly reduce the degree of conservatism in the screening method.
(C) Determine if terrain adjustment is needed and select generic source numbers. Select the shortest stack height and maximum terrain rise out to 5 km from Step 1 and determine if the facility is in flat terrain.
Shortest stack height (m) =
Maximum terrain rise in meters out to 5 km =
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Terrain Rise (m)
---------------------------  X 100 =   __________%
Shortest Stack Height (m)

 
If the value above is greater than 10 percent, the terrain is considered nonflat; proceed to Step 10(D). If the ratio is less than or equal to 10 percent, the terrain is considered flat. Identify the generic source numbers based on effective stack heights computed in Step 10(A). Refer to Table 5.0-2 provided earlier to identify generic source numbers. Record the generic source numbers identified and proceed to Step 10(F).
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
                       1  2  3
Generic Source Number
 
(D) Compute the TAESH and select generic source numbers (four sources located in nonflat terrain).
1. Compute the TAESH for all remaining stacks using the following equation:
HE - TR = TAESH
where:
HE = effective stack height (m)
TR = maximum terrain rise for each distance range (m)
TAESH = terrain-adjusted effective stack height (m)
Use the Table Below To Calculate the TAESH for Each Stack [FN9].
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
[FNFOOTNOTE:] 9 Refer to Step 1 for terrain adjustment data. Note that the distance from the source to the outer radii of each range is used. For example, for the range >0.5-2.5 km, the maximum terrain rise in the range 0.0-2.5 km is used.
For those stacks where the terrain rise within a distance range is greater than the effective stack height (i.e., HE-TR is less than zero), the TAESH for that distance range is set equal to zero, and generic source number 1 should be used for that distance range for all subsequent distance ranges. Additionally, for all stacks with a physical stack height of less than or equal to 10 meters, use generic source number 1 for all distance ranges [FN10]. For the remaining stacks, proceed to Step 10(D)(2). 
[FNFOOTNOTE:] 10 This applies to all stacks less than or equal to 10 meters regardless of the terrain classification.
2. For the remaining stacks, refer to Table 5.0-2 and, for each distance range, identify the generic source number that includes the TAESH. Use the values obtained from Steps 10(D)(1) and 10(D)(2) to complete the following summary worksheet;
Generic Source Number After Terrain Adjusted (if Necessary)
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 

Stack No.  0-0.5 km  >0.5-2.5 km  >2.5-5.0 km
1_____     _____     _____        _____
2_____     _____     _____        _____
3_____     _____     _____        _____
 
(E) Identify maximum average hourly dispersion coefficients. Based on the land use classification of the site (e.g., urban or rural), use either Table 5.0-4 or Table 5.0-5 to determine the appropriate dispersion coefficient for each distance range for each stack. Begin at the minimum fenceline distance indicated in Step 7(B) and record on Worksheet 5.0-1 the dispersion coefficient for each stack/distance range. For stacks located in facilities in flat terrain, the generic source numbers were computed in Step 10(C). For stacks located in facilities in rolling and complex terrain, the generic source numbers were computed in Step 10(D). For flat terrain applications and for stacks with a physical height of less than or equal to 10 meters, only one generic source number is used per stack for all distance ranges. For other situations up to three generic source numbers may be needed per stack (i.e., a unique generic source number per distance range). In Tables 5.0-4 and 5.0- 5, the dispersion coefficients for distances of 6 km to 20 km are the same for all generic source numbers in order to conservatively represent terrain beyond 5 km (past the limits of the terrain analysis).
Worksheet 5.0-1 Dispersion Coeffificent by Downwind Distance [FN1]
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
[FN1]1 Note: This procedure places all stacks at the same point, but allows for consideration of different effective stack heights. The distance to the closest boundary (extracted from Step 1) should be the closest distance to any stack.
(F) Estimate maximum hourly ambient air concentrations. In this step, pollutant-specific emission rates are multiplied by appropriate dispersion coefficients to estimate ambient air concentrations. For each stack, emissions are multiplied by the dispersion coefficient selected in Step 10(E) and summed across all stacks to estimate ambient air concentrations at various distances from the facility. From these summed concentrations, the maximum hourly ambient air concentration is selected. First, select the maximum emission rate of the pollutant [FN11]. Record these data in the spaces provided below [FN12]. 
[FNFOOTNOTE:] 11 Recall that it is recommended that this analysis be performed for only one or two pollutants. The pollutants chosen for this analysis should be those that show the most significant exceedances of the risk threshold. 
[FNFOOTNOTE:] 12 Refer to Step 8 of the basic screening procedure. At this point in the screening procedure, annual emissions are used to represent hourly average emission rates. These values will be adjusted by the annual/hourly ratio to estimate annual average concentrations.
Maximum Annual Emission Rates (G/Sec)
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
____________________________________
Pollutant  Stack 1  Stack 2  Stack 3
____________________________________
_______    _____    _____    _____
_______    _____    _____    _____
_______    _____    _____    _____
 
Complete a separate copy of Worksheet 5.0-2 for each pollutant and select the highest hourly concentration from the summation column at the far right of the worksheet. Record the maximum hourly air concentration for each pollutant analyzed (add additional lines if needed):
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Pollutant  Maximum hourly air
           concentration
_______    ___________
_______    ___________
_______    ___________
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
(G) Determine the complex/noncomplex designation for each stack. For each stack, subtract the maximum terrain rise within 5 km of the site from the physical stack height and designate the stack as either complex or noncomplex. If the stack height minus the maximum terrain rise (within 5 km) is greater than zero or if the stack is less than 10 meters in physical height, then assign the stack a noncomplex designation. If the stack height minus the maximum terrain rise (within 5 km) is less than or equal to zero, then assign the stack a complex designation.
Perform the following computation for each stack and record the information in the spaces provided. Check in the spaces provided whether the stack designation is complex or noncomplex.
_______________________________________________________________________________
Stack No.  Stack       Maximum         Complex  Noncomplex
           height (m)  terrain rise
                         (m)
_______________________________________________________________________________
1_______   _______     -               _______  =  (m)_______  _______
2_______   _______     -               _______  =  (m)_______  _______
3_______   _______     -               _______  =  (m)_______  _______
_______________________________________________________________________________
 
(H) Identify annual/hourly ratios. Extract the annual/hourly ratios for each stack by referring to Table 5.0-6. Generic source numbers (from Steps 10(C) or 10(D), urban/rural designation (from Step 6)), and complex or noncomplex terrain designations (from Step 10(G)) are used to select the appropriate scaling factor needed to convert hourly maximum concentrations to estimates of annual average concentrations.
Complete the following table [FN13]. 
[FNFOOTNOTE:] 13 If any stack (excluding generic stack number 1 and 11) in Step 10(D) shows a negative terrain adjusted stack height, use the complex terrain annual/hourly ratios.
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
          Generic source No. steps 10 (C or  Annual hourly ratio (from table
                         D)                    5.0-6)
 Stack    Distance ranges (km)               Distance ranges (km)
  No.
          0-0.5      >0.5-2.4    >2.5-5.0    0-0.5  >0.5-2.5    >2.5-5.0
1_____    _____      _____       _____       _____  _____       _____
2_____    _____      _____       _____       _____  _____       _____
3_____    _____      _____       _____       _____  _____       _____
 
(I) Select the highest annual/hourly ratio among all of the stacks [FN14], and then estimate the maximum annual average ambient air concentrations for each pollutant by completing the following table, where: 
[FNFOOTNOTE:] 14 As an option, the user can identify the stack with the highest ratio for each distance range (rather than the absolute highest). In this case, extra sheets would be needed to show estimated annual average concentrations from each stack by multiplying emission rate times maximum hourly dispersion coefficient times maximum annual/hourly ratio for applicable distance range. Then sum across all stacks for each downwind distance.
C = Maximum total hourly ambient air concentration (mg/m [FN3]) for pollutant "N" from Step 10(F).
C a  = Maximum annual average air concentration for pollutant "N" (mg/m  [FN3]),
R = Annual/hourly ratio.
Table 5.0-6. -95th Percentile of Annual/Hourly Ratios
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
  Noncomplex Terrain      4Complex Terrain
        ____________________________________
Source  Urban   Rural   Source  Urban  Rural
____________________________________________
1       0.019   0.014   1       0.020  0.053
2       0.033   0.019   2       0.020  0.053
3       0.031   0.018   3       0.030  0.057
4       0.029   0.017   4       0.051  0.047
5       0.028   0.017   5       0.067  0.039
6       0.028   0.017   6       0.059  0.034
7       0.031   0.015   7       0.036  0.031
8       0.030   0.013   8       0.026  0.024
9       0.029   0.011   9       0.026  0.024
10      0.029   0.008   10      0.017  0.013
11      0.018   0.015   11      0.020  0.053
____________________________________________
 
__________________________________________________________________
Pollutant   C(<<mu>>g/m [FN3])  X  R     =  Ca (<<mu>>g/m [FN3])
__________________________________________________________________
__________  _____               X  ____  =  _______
__________  _____               X  ____  =  _______
__________________________________________________________________
 
(J) Use the maximum annual average concentrations from Step 10(I) to determine compliance with regulatory requirements.
SECTION 6.0-SIMPLIFIED LAND USE CLASSIFICATION PROCEDURE FOR COMPLIANCE WITH TIER I AND AND TIER II LIMITS
6.1 Introduction
This section provides a simplified procedure to classify areas in the vicinity of boilers and industrial furnace sites as urban or rural in order to set risk-based emission limits under article 8 of chapter 16. Urban/rural classification is needed because dispersion rates differ between urban and rural areas and thus, the risk per unit emission rate differs accordingly. The combination of greater surface roughness (more buildings/structures to generate turbulent mixing) and the greater amount of heat released from the surface in an urban area (generates buoyancy-induced mixing) produces greater rates of dispersion. The emission limit tables in the regulation, therefore, distinguish between urban and rural areas.
US EPA guidance (EPA 1986) [FN1]  provides two alternative procedures to determine whether the character of an area is predominantly urban or rural. One procedure is based on land use typing and the other is based on population density. Both procedures require consideration of characteristics within a 3-km radius from a source, in this case the facility stack(s). The land use typing method is preferred because it more directly relates to the surface characteristics that affect dispersion rates. The remainder of this discussion is, therefore, focused on the land use method.
While the land use method is more direct, it can also be labor-intensive to apply. For this discussion, the land use method has been simplified so that it is consistent with US EPA guidance (EPA 1986; Auer 1978), while streamlining the process for the majority of applications so that a clear-cut decision can be made without the need for detailed analysis. Table 6.0-1 summarizes the simplified approach for classifying areas as urban or rural. As shown, the applicant always has the option of applying standard (i.e, more detailed) analyses to more accurately distinguish between urban and rural areas. However, the procedure presented here allows for simplified determinations, where appropriate, to expedite the permitting process.
Table 6.0-1. -Classification of Land Use Types
 
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Type [FN1]  Description                            Urban or rural
  designation [FN2]
I1          Heavy industrial                       Urban.
I2          Light/Moderate Industrial              Urban.
C1          Commercial                             Urban.
R1          Common Residential (Normal Easements)  Rural.
R2          Compact Residential (Single Family)    Urban.
R3          Compact Residential (Multi-Family)     Urban.
R4          Estate Residential (Multi-Acre Plots)  Rural.
A1          Metropolitan Natural                   Rural.
A2          Agricultural                           Rural.
A3          Undeveloped (Grasses/Weeds)            Rural.
A4          Undeveloped (Heavily Wooded)           Rural.
A5          Water Surfaces                         Rural.

 
[FNFOOTNOTE:] 1 US EPA, Guideline on Air Quality Models (Revised), EPA-450/2-78-027R, Office of Air Quality Planning and Standards, Research Triangle Park, North Carolina, July, 1986. 
[FNFOOTNOTE:] 2 Auer, August H. Jr., "Correlation of Land Use and Cover with Meteorological Anomalies," Journal of Applied Meteorology, pp. 636-643, 1978.
6.2 Simplified Land Use Process
The land use approach considers four primary land use types: industrial (I), commercial (C), residential (R), and agricultural (A). Within These primary classes, subclasses are identified, as shown in table 6.0-1. The goal is to estimate the percentage of the area within a 3-km radius that is urban type and the percentage that is rural type. Industrial and commercial areas are classified as urban; agricultural areas are classified as rural.
The delineation of urban and rural areas, however, can be more difficult for the residential type areas shown in table 6.0-1. The degree of resolution shown in table 6.0-1 for residential areas often cannot be identified without conducting site area inspections and/or referring to zoning maps. This process can require extensive analysis, which, for many applications, can be greatly streamlined without sacrificing confidence in selecting the appropriate urban or rural classification.
The fundamental simplifying assumption is based on the premise that many applications will have clear-cut urban/rural designations, i.e., most will be in rural settings that can be definitively characterized through a brief review of topographical maps. The color coding on USGS topographical maps provides the most effective means of simplifying the typing scheme. The suggested typing designations for the color codes found on topographic maps are as follows:
Green Wooded areas (rural).
White White areas generally will be treated as rural. This code applies to areas that are unwooded and do not have densely packed structures which would require the pink code (house omission tint). Parks, industrial areas, and unforested rural land will appear as white on the topographical maps. Of these categories, only the industrial areas could potentially be classified as urban based on EPA 1986 or Auer 1978. Industrial areas can be easily identified in most cases by the characteristics shown in Figure 6.0-1. For this simplified procedure, white areas that have an industrial classification will be treated as urban areas.
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SECTION 7.0 STATISTICAL METHODOLOGY FOR BEVILL RESIDUE DETERMINATIONS
This section describes the statistical comparison of waste-derived residue to normal residue for use in determining eligibility for the Bevill exemption under section 662666.112.
7.1 Comparison of Waste-derived Residue with Normal Residue
To be eligible for the Bevill exclusion from the definition of hazardous waste under section 66266.112(b)(1), waste-derived residue must not contain Appendix VIII, Chapter 11, constituents that could reasonably be attributable to the hazardous waste (toxic constituents) at concentrations significantly higher than in residue generated without burning or processing hazardous waste (normal residue). Concentrations of toxic constituents in normal residue are determined based on analysis of a minimum of 10 samples representing a minimum of 10 days of operation. The statistically- derived concentrations in normal residue are determined as the upper tolerance limit (95% confidence with a 95% proportion of the sample distribution) of the normal residue concentrations. The upper tolerance limit is to be determined as described in Section 7.2 below. If changes in raw materials or fuels could lower the statistically-derived concentrations of toxic constituents of concern, the statistically-derived baseline must be re-established for any such mode of operation with the new raw material or fuel.
Concentrations of toxic constituents in waste-derived residue are determined based on the analysis of one or more samples collected over a compositing period of not more than 24 hours. Multiple samples of the waste-derived residue may be analyzed or subsamples may be composited for analysis, provided that the sampling period does not exceed 24 hours. If more than one sample is analyzed to characterize the waste-derived residue generated over a 24-hour period, the arithmetic mean of the concentrations must be used as the waste-derived concentration for each constituent.
The concentration of a toxic constituent in the waste-derived residue is not considered to be significantly higher than in the normal residue (i.e., the residue passes the Bevill test for that constituent) if the concentration in the waste-derived residue does not exceed the statistically-derived concentration.
7.2 Calculation of the Upper Tolerance Limit
The 95% confidence with 95% proportion of the sample distribution (upper tolerance limit) is calculated for a set of values assuming that the values are normally distributed. The upper tolerance limit is a one-sided calculation and is an appropriate statistical test for cases in which a single value (the waste-derived residue concentration) is compared to the distribution of range of values (the minimum of 10 measurements of normal residue concentrations). The upper tolerance limit value is determined as follows:
UTL = X + (K)(S)
where
X = mean of the normal residue concentration, X = X i /n,
K = coefficient for sample size n, 95% confidence and 95% proportion,
S = standard deviation of the normal residue concentrations,
S = <<sigma>>(Xi-X) [FN2] /(n-1)) [FN0.5], and
n = sample size.
The values of K at the 95% confidence and 95% proportion, and sample size n are given in Table 7.0-1.
For example, a normal residue test results in 10 samples with the following analytical results for toxic constituent A:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Sample No.  Concentration of
            compound A (ppm)
1           10
2           10
3           15
4           10
5           7
6           12
7           10
8           16
9           15
10          10
 
The mean and standard deviation of these measurements, calculated using equations above, are 11.5 and 2.9 respectively. Assuming that the values are normally distributed, the upper tolerance limit (UTL) is given by:
UTL = 11.5 + (2.911)(2.9) = 19.9 ppm
Table 7.0-1,. -K Values for 95% Confidence and 95% Proportion
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Sample size (n)  K
10               2.911
11               2.815
12               2.736
13               2.670
14               2.614
15               2.566
16               2.523
17               2.486
18               2.458
19               2.423
20               2.396
21               2.371
22               2.350
23               2.329
24               2.303
25               2.292
 
Thus, if the concentration of constituent A in the waste-derived residue is below 19.9 ppm, then the waste-derived residue is eligible for the Bevill exclusion for constituent A.
7.3 Normal Distribution Assumption
As noted in section 7.2 above, this statistical approach (use of the upper tolerance limit) for calculation of the concentration in normal residue is based on the assumption that the concentration data are distributed normally. The Department is aware that concentration data of this type may not be distributed normally, particularly when concentrations are near the detection limits. There are a number of procedures that can be used to test the distribution of a data set. For example, the Shapiro-Wilk test, examination of a histogram or plot of the data on normal probability paper, and examination of the coefficient of skewness are methods that may be applicable, depending on the nature of the data (Reference 1 and 2).
If the concentration data are not adequately represented by a normal distribution, the data may be transformed to attain a near normal distribution. The Department has found that concentration data, especially when near detection levels, often exhibit a lognormal distribution. The assumption of a lognormal distribution has been used in various programs at US EPA, such as in the Office of Solid Waste Land Disposal Restrictions program for determination of BDAT treatment standards. The transformed data may be tested for normality using the procedures identified above. If the transformed data are better represented by a normal distribu-
tion than the untransformed data, the transformed data should be used in determining the upper tolerance limit using the procedures in section 7.2 above.
In all cases where the applicant for the Bevill exemption wishes to use other than an assumption of normally distributed data, or believes that use of an alternate statistical approach is appropriate to the specific data set, the applicant must provide supporting rationale and demonstrate to the Director or permitting authority that the data treatment is based upon sound statistical practice.
7.4 Nondetect Values
The US EPA is developing guidance regarding the treatment of nondetect values  (data where the concentration of the constituent being measured is below the lowest concentration for which the analytical method is valid) in carrying out the statistical determinations described above. Until the guidance information is available, facilities may present their own approach to the handling of nondetect data points, but must provide supporting rationale in the operating record for consideration by the Director or permitting authority.
7.5 References
1. Shapiro, S.S. and Wilk, M.B. (1965), "An Analysis of Variance Test for Normality (complete samples)," Biometrika, 591-611.
2. Bhattacharyya, G.K. and R.A. Johnson (1977), Statistical Concepts and Methods, John Wiley and Sons, New York.
SECTION 8.0 PROCEDURES FOR DETERMINING DEFAULT VALUES FOR AIR POLLUTION CONTROL SYSTEM REMOVAL EFFICIENCIES
During interim status, owners or operators of boilers and industrial furnaces burning hazardous waste must submit documentation to Department that certifies that emissions of HCl, Cl 2, metals, and particulate matter (PM) are not likely to exceed allowable emission rates. See certification of precompliance under section 66266.103(b).103(b). This documentation also establishes interim status feed rate and operating limits for the facility. For the initial certification, estimates of emissions and system removal efficiencies (SREs) can be made to establish the operating limits. Subsequently, owners or operators must use emissions testing to demonstrate that emissions do not exceed allowable levels, and to establish operating limits. See section 66266.103(c). However, initial estimates of emissions for certification of precompliance can be based on estimated or established SREs.
The SRE combines the effect of partitioning of the chlorine, metals, or PM and the air pollution control system removal efficiency (APCS RE) for these pollutants. The SRE is defined as:
SRE = (species input-species emitted) / species input
The SRE can be calculated from the partitioning factor (PF) and APCS RE by the following formula:
SRE = 1-[(PF/100) X (1-APCS RE/100)]
where:
PF = percentage of the pollutant partitioned to the combustion gas
Estimates of the PF and/or the APCS RE can be based on either US EPA's default values or engineering judgement. US EPA's 'default values for the APCS RE for metals, HCl, Cl 2, and PM are described in this section. US EPA's default values for partitioning of these pollutants are described in section 9.0.
Guidelines for the use of engineering judgement to estimate APCS REs or PFs are described in section 9.4.
8.1 APCS RE Default Values for Metals
US EPA's default assumptions for APCS RE for metals are shown in Table 8.1-1. The default values in the table are conservative estimates of the removal efficiencies for metals in BIFs, depending on the volatility of the metal and the type of APCS.
The volatility of a metal depends on the temperature, the thermal input, the chlorine content of the waste, and the identity and concentration of the metal. Metals that do not vaporize at combustion zone temperatures are classified as "nonvolatile". Such metals typically enter the APCS in the form of large particles that are removed relatively easily. Metals that vaporize in the combustion zone and condense before entering the APCS are classified as "volatile". Such metals typically enter the APCS in the form of very fine, submicron particles that are rather inefficiently removed in many APCSs. Metals that vaporize in the combustion zone and do not condense before entering the APCS are classified as "very volatile". Such metals enter the APCS in the form of a vapor that is very inefficiently removed in many APCSs.
Typically, BIFs have combustion zone temperatures high enough to vaporize any hazardous metal at concentrations sufficient to exceed risk-based emission limits. For this reason, the default assumption is that there are no nonvolatile metals. Tables 8.1-2 and 8.1-3 are used to determine whether metals are classified as "volatile" or "very volatile" depending on the temperature entering the APCS, the thermal input, and whether the waste is chlorinated or nonchlorinated.
Table 8.1-1. -Air Pollution Control Systems (APCS) and Their Conservatively
Estomated Efficiencies for Controlling Toxic Metals (%)
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 

                 Metal Volatility
 APCS  Nonvolatile  Volatile  Very Volatile
WS     40           30        20
VS-20  80           75        20
VS-60  87           75        40
ESP-1  90           75        0
ESP-2  92           80        0
ESP-4  95           80        0
WESP   90           85        40
FF     90           80        0
SD/FF  97           90        0
DS/FF  95           90        0
WS     90           87        75
 
WS = Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap Tower
VS-20 = Venturi Scrubber, ca. 20-30 in W.G. Dp
VS.60 = Venturi Scrubber, ca. > 60 in W.G. Dp
ESP-1 = Electrostatic Precipitator; 1 stage
ESP-2 = Electrostatic Precipitator; 2 stage
ESP-4 = Electrostatic Precipitator; 4 stage
IWS = Ionizing Wet Scrubber
DS - Dry Scrubber
FF = Fabric Filter (Baghouse)
SD = Spray Dryer (Wet/Dry Scrubber)
WESP = Wet Electrostatic Precipitator
Table 8.1-2. -Temperature (F) Entering APCS Above Which Metals are Classified
as Very Volatile in Combustion of Nonchlorinated Wastes
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
      Metal            Thermal Input (MMBtu/hr)
 Name      Symbol  1      10     100    1000  10000
Arsenic    As      320    280    240    200   160
Cadmium    Cd      1040   940    860    780   720
Chromium   Cr      2000   1760   1580   1420  1380
Beryllium  Be      1680   1440   1240   1080  980
Antimony   Sb      680    600    540    480   420
Barium     Ba      2240   1820   1540   1360  1240
Lead       Pb      1280   1180   1080   1000  920
Mercury    Hg      340    300    260    220   180
Silver     Ag      1820   1640   1480   1340  1220
Thallium   Tl      900    800    700    620   540
 
[FNFOOTNOTE:] 1 Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the APCS temperature under the higher thermal input must be used.
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260 F and volatile at APCS temperatures of 260 F and below.
Table 8.1-3. -Temperature (F) Entering APCS Above Which Metals are Classified
as Very Volatile in Combustion of Chlorinated Wastes
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Metal              Thermal Input (MMBtu/hr)
 Name      Symbol  1      10     100    1000  10000
Arsenic    As      320    280    240    200   160
Cadmium    Cd      1040   940    860    780   720
Chromium   Cr      >140   >140   >140   >140  >140
Beryllium  Be      1680   1440   1240   1080  980
Antimony   Sb      680    600    540    480   420
Barium     Ba      2060   1840   1680   1540  1420
Lead       Pb      >140   >140   >140   >140  >140
Mercury    Hg      340    300    260    220   180
Silver     Ag      1080   940    840    740   660
Thallium   Tl      900    800    700    620   540
 
[FNFOOTNOTE:] 1 Interpolation of thermal input is not allowed. If a BIF fires between two ranges, the APCS temperature under the higher thermal input must be used.
Example: For a BIF firing 10-100 MMBtu/hr, Mercury is considered very volatile at APCS temperatures above 260 F and volatile at APCS temperatures of 260 F and below.
A waste is considered chlorinated if chlorine is present in concentrations greater than 0.1 percent by weight. In the US EPA guidance document "Guidance for Metals and Hydrogen Chloride Controls for Hazardous Waste Incinerators, Volume IV of the Hazardous Waste Incineration Guidance Series,"(1) one percent is used for the chlorinated/nonchlorinated cutoff. However, best engineering judgement, based on examination of pilot-scale data reported by Carroll et al. (2) on the effects of waste chlorine content on metals emissions, suggests that the 1 percent cutoff may not be sufficiently conservative.
Tables 8.1-2 and 8.1-3 were compiled based on equilibrium calculations. Metals are classified as very volatile at all temperatures above the temperature at which the vapor pressure of the metal is greater than 10 percent of the vapor pressure that results in emissions exceeding the most conservative risk-based emission limits.
8.2 APCS RE Default Values for HCl and Cl 2.
Default assumptions for APCS RE for HCl in BIFs are shown in Table 8.2-1. This table is identical to the column for other BIFs except that cement kilns have a minimum HCl removal efficiency of 83 percent. Because of the alkaline nature of the raw materials in cement kilns, most of the chlorine is converted to chloride salts. Thus, the minimum APCS RE for HCl for cement kilns is independent of the APCS train.
Removal efficiency of Cl 2  for most types of APCS is generally minimal. Therefore, the default assumption for APCS RE for Cl 2  for all APCSs is 0 percent. This is applicable to all BIFs, including cement kilns.
8.3 APCS RE Default Values for Ash
Default assumptions for APCS RE for PM are also shown in Table 8.1- 4. These figures are conservative estimates of PM removal efficiencies for different types of APCSs. They are identical to the figures in the Nonvolatile APCS RE column for hazardous metals presented in Table 8.1-1 because the same collection mechanisms and collection efficiencies that apply to nonvolatile metals also apply to PM.
Table 8.2-1 -Pollution Control Systems (APCS) and Their Conservatively
Estimated Efficiencies for Removing Hydrogen Chloride (HCL) and Particulate
Matter (PM) (%)
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
                    HCl
APCD    Cement kilns  Other BIFs  PM
WS      97            97          40
VS-20   97            97          80
VS-60   98            98          87
ESP-1   83            0           90
ESP-2   83            0           92
ESP-4   83            0           95
WESP    83            70          90
FF      83            0           90
SD/FF   98            98          97
DS/FF   98            98          95
WS/IWS  99            99          95
IWS     99            99          90
 
WS = Wet Scrubber including: Sieve Tray Tower, Packed Tower, Bubble Cap Tower
PS = Proprietary Wet Scrubber Design (A number of proprietary wet scrubbers have come on the market in recent years that are highly efficient on both particulates and corrosive gases. Two such units are offered by Calvert Environmental Equipment Co. and by Hydro-Sonic Systems, Inc.).
VS-20 = Venturi Scrubber, ca. 20-30 in W.G. Dp
VS-60 = Venturi Scrubber, ca. > 60 in W.G. Dp
ESP-1 = Electrostatic Precipitator; 1 stage
ESP-2 = Electrostatic Precipitator; 2 stage
ESP-4 = Electrostatic Precipitator; 4 stage
IWS = Ionizing Wet Scrubber
DS - Dry Scrubber
FF = Fabric Filter (Baghouse)
SD = Spray Dryer (Wet/Dry Scrubber)
8.4 References
1. U.S. Environmental Protection Agency. "Guidance on Metals and Hydrogen Chloride Controls for Hazardous Waste Incinerators," Office of Solid Waste, Washington, D.C., August 1989.
2. Carroll, G.J., R.C. Thurnau, R.E. Maurnighan, L.R. Waterland, J.W. Lee, and D.J. Fournier. The Partitioning of Metals in Rotary Kiln Incineration. Proceedings of the Third International Conference on New Frontiers for Hazardous Waste Management. NTIS Document No. EPA/600/9-89/072, p. 555 (1989).
SECTION 9.0 -PROCEDURES FOR DETERMINING DEFAULT VALUES FOR PARTITIONING OF METALS, ASH, AND TOTAL CHLORIDE/CHLORINE
Pollutant partitioning factor estimates can come from two sources: default assumptions or engineering judgement. The default assumptions are discussed below for metals, HCl, Cl 2, and PM. The default assumptions are used to conservatively predict the partitioning factor for several types of BIFs. Engineering judgement-based partitioning factor estimates are discussed in section 9.4.
9.1 Partitioning Default Value for Metals
To be conservative, owners/operators may assume that 100 percent of each metal in each feed stream is partitioned to the combustion gas. Owners/operators may use this default value or a supportable, site-specific value developed following the general guidelines provided in section 9.4.
9.2 Special Procedures for Chlorine, HCl, and Cl 2
The Department has established the special procedures presented below for chlorine because the emission limits are based on the pollutants HCl and Cl 2  formed from chlorine fed to the combustor. Therefore, the owner/operator must estimate the controlled emission rate of both HCl and Cl 2  and show that they do not exceed allowable levels.
1. The default partitioning value for the fraction of chlorine in the total feed streams that is partitioned to combustion gas is 100 percent. Owners/operators may use this default value or a supportable, site-specific value developed following the general guidelines provided in section 9.4.
2. To determine the partitioning of chlorine in the combustion gas to HCl versus Cl 2, either use the default values below or use supportable site-specific values developed following the general guidelines provided in section 9.4.
w For BIFs excluding halogen acid furnaces (HAFs), with a total feed stream chlorine/hydrogen ration <=0.95, the default partitioning factor is 20 percent Cl 2, 80 percent HCl.
w For HAFs and for BIFs with a total feed stream chlorine/hydrogen ratio > 0.95, the default partitioning factor is 100 percent Cl 2.
3. To determine the uncontrolled (i.e., prior to acid gas APCS) emission rate of HCl and Cl 2, multiply the feed rate of chlorine times the partitioning factor for each pollutant. Then, for HCl, convert the chlorine emission rate to HCl by multiplying it by the ratio of the molecular weight of HCl to the molecular weight of Cl (i.e., 36.5/35.5). No conversion is needed for Cl 2.
9.3 Special Procedures for Ash
This section: (1) Explains why ash feed rate limits are not applicable to cement and light-weight aggregate kilns; (2) presents the default partitioning values for ash; and (3) explains how to convert the 0.08 gr/dscf, corrected to 7% O 2, PM emission limit to a PM emission rate.
Waiver for Cement and Light-Weight Aggregate Kilns. For cement kilns and light-weight aggregate kilns, raw material feed streams contain the vast majority of the ash input, and a significant amount of the ash in the feed stream is entrained into the kiln exhaust gas. For these devices, the ash content of the hazardous waste stream is expected to have a negligible effect on total ash emissions. For this reason, there is no ash feed rate compliance limit for cement kilns or light-weight aggregate kilns. Nonetheless, cement kilns and light-weight aggregate kilns are required to initially certify that PM emissions are not likely to exceed the PM limit, and subsequently, certify through compliance testing that the PM limit is not exceeded.
Default Partitioning Value for Ash. The default assumption for partitioning of ash depends on the feed stream firing system. There are two methods by which materials may be fired into BIFs: Suspension-firing and bed-firing.
The suspension category includes atomized and lanced pumpable liquids and suspension-fired pulverized solids. The default partitioning assumption for materials fired by these systems is that 100 percent of the ash partitions to the combustion gas.
The bed-fired category consists principally of stoker boilers and raw materials (and in some cases containerized hazardous waste) fed into cement and light-weight aggregate kilns. The default partitioning assumption for materials fired on a bed is that 5 percent of the ash partitions to the combustion gas.
Converting the PM Concentration-Based Standard to a PM Mass Emission Rate. The emission limit for BIFs is 0.08 gr/dscf, corrected to
7% O 2, unless a more stringent standard applies [e.g., a New Source Performance Standard (NSPS) or a State standard implemented under the State Implementation Plan (SIP)]. To convert the 0.08 gr/dscf standard to a PM mass emission rate:
1. Determine the flue gas O 2  concentration (percent by volume, dry) and flue gas flow rate (dry standard cubic feet per minute); and
2. Calculate the allowable PM mass emission rate by multiplying the concentration-based PM emission standard times the flue gas flow rate times a dilution correction factor equal to [(21-O 2  concentration from step 1)/(21- 7)].
9.4 Use of Engineering Judgement To Estimate Partitioning and APCS RE Values
Engineering judgement may be used in place of US EPA's conservative default assumptions to estimate partitioning and APCS RE values provided that the engineering judgement is defensible and properly documented. To properly document engineering judgement, the owner/operator must keep a written record of all assumptions and calculations necessary to justify the APCS RE used. The owner/operator must provide this record to the Director upon request and must be prepared to defend the assumptions and calculations used.
If the engineering judgement is based on emissions testing, the testing will often document the emission rate of a pollutant relative to the feed rate of that pollutant rather than the partitioning factor or APCS RE.
Examples of situations where the use of engineering judgement may be supportable to estimate a partitioning factor, APCS RE, or SRE include:
w Using emissions testing data from the facility to support an SRE, even though the testing may not meet full QA/QC procedures (e.g., triplicate test runs). The closer the test results conform with full QA/QC procedures and the closer the operating conditions during the test conform with the established operating conditions for the facility, the more supportable the engineering judgement will be.
w Applying emissions testing data documenting an SRE for one metal, including nonhazardous surrogate metals to another less volatile metal.
w Applying emissions testing data documenting an SRE from one facility to a similar facility.
w Using APCS vendor guarantees of removal efficiency.
9.5 Restrictions on Use of Test Data
The measurement of an SRE or an APCS RE may be limited by the detection limits of the measurement technique. If the emission of a pollutant is undetectable, then the calculation of SRE or APCS RE should be based on the lower limit of detectability. An SRE or APCS RE of 100 percent is not acceptable.
Further, mass balance data of facility inputs, emissions, and products/residues may not be used to support a partitioning factor, given the inherent uncertainties of such procedures. Partitioning factors other than the default values may be supported based on engineering judgement, considering, for example, process chemistry. Emissions test data may be used to support an engineering judgement-based SRE, which includes both partitioning and APCS RE.
9.5 References
1. Barton, R.G., W.D. Clark, and W.R. Seeker. (1990) "Fate of Metals in Waste Combustion Systems". Combustion Science and Technology. 74, 1-6, p. 327.
SECTION 10.0 ALTERNATIVE METHODOLOGY FOR IMPLEMENTING METALS CONTROLS
10.1 Applicability
This method for controlling metals emissions applies to cement kilns and other industrial furnaces operating under interim status that recycle emission control residue back into the furnace.
10.2 Introduction
Under this method, cement kilns and other industrial furnaces that recycle emission control residue back into the furnace must comply with a kiln dust concentration limit (i.e., a collected particulate matter (PM) limit) for each metal, as well as limits on the maximum feedrates of each of the metals in: (1) pumpable hazardous waste; and (2) all hazardous waste.
The following subsections describe how this method for controlling metals emissions is to be implemented:
w Subsection 10.3 discusses the basis of the method and the assumptions upon which it is founded;
w Subsection 10.4 provides an overview of the implementation of the method;
w Subsection 10.5 is a step-by-step procedure for implementation of the method;
w Subsection 10.6 describes the compliance procedures for this method; and
w Appendix A describes the statistical calculations and tests to be used in the method.
10.3 Basis
The viability of this method depends on three fundamental assumptions:
(1) Variations in the ratio of the metal concentration in the emitted particulate to the metal concentration in the collected kiln dust (referred to as the enrichment factor or EF) for any given metal at any given facility will fall within a normal distribution that can be experimentally determined.
(2) The metal concentrations in the collected kiln dust can be accurately and representatively measured (using procedures specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (SW-846), incorporated by reference in section 66260.11 of chapter 11.
(3) The facility will remain in compliance with the applicable particulate matter (PM) emission standard.
Given these assumptions, metal emissions can be related to the measured concentrations in the collected kiln dust by the following equation:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Where:
ME is the metal emitted; PME is the particulate matter emitted; DMC is the metal concentration in the collected kiln dust; and EF is the enrichment factor, which is the ratio of the metal concentration in the emitted particulate matter to the metal concentration in the collected kiln dust.
This equation can be rearranged to calculate a maximum allowable dust metal concentration limit (DMCL) by assuming worst-case conditions that: metal emissions are at the Tier III (or Tier II) limit (see section 66266.106), and that particulate emissions are at the particulate matter limit (PML):
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
The enrichment factor used in the above equation must be determined experimentally from a minimum of 10 tests in which metal concentrations are measured in kiln dust and stack samples taken simultaneously. This approach provides a range of enrichment factors that can be inserted into a statistical distribution (t- distribution) to determine EF 95%  and EF 99%. EF 95% is the value at which there is a 95% confidence level that the enrichment factor is below this value at any given time. Similarly,
EF 99%  is the value at which there is a 99% confidence level that the enrichment factor is below this value at any given time. EF 95%  is used to calculate the "violation" dust metal concentration limit (DMCL v):
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
If the kiln dust metal concentration is just above this "violation" limit, and the PM emissions are at the PM emissions limit, there is a 5% chance that the metal emissions are above the Tier III limit. In such a case, the facility would be in violation of the metals standard.
To provide a margin of safety, a second, more conservative kiln dust metal concentration limit is also used. This "conservative" dust metal concentration limit (DMCL c) is calculated using a "safe" enrichment factor (SEF). If EF 99%  is greater than two times the value of EF 95%, the "safe" enrichment factor can be calculated using Equation 4a:
SEF > 2 EF 95%  (4a) QO2
If EF 99%  is not greater than two times the value of EF 95%, the "safe" enrichment factor can be calculated using Equation 4b:
SEF > EF 99%  (4b)
In cases where the enrichment factor cannot be determined because the kiln dust metal concentration is nondetectable, the "safe" enrichment factor is as follows:
SEF = 100 (4c)
For all cases, the "conservative" dust metal concentration limit is calculated using the following equation:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
If the kiln dust metal concentration at a facility is just above the  "conservative" limit based on that "safe" enrichment factor provided in Equation 4a, and the PM emissions are at the PM emissions limit, there is a 5% chance that the metal emissions are above one-half the Tier III limit. If the kiln dust metal concentration at the facility is just above the "conservative" limit based on the "safe" enrichment factor provided in Equation 4b, and the PM emissions are at the PM emissions limit, there is a 1% chance that the metal emissions are above the Tier III limit. In either case, the facility would be unacceptably close to a violation. If this situation occurs more than 5% of the time, the facility would be required to rerun the series of 10 tests to determine the enrichment factor. To avoid this expense, the facility would be advised to reduce its metals feedrates or to take other appropriate measures to maintain its kiln dust metal concentrations in compliance with the "conservative" dust metal concentration limits.
In cases where the enrichment factor cannot be determined because the kiln dust metal concentration is nondetectable, and thus no EF 95%  exists, the "violation" dust metal concentration limit is set at ten times the "conservative" limit:
DMCL v  = 10 X DMCL c  (6)
10.4 Overview
The flowchart for implementing the method is shown in Figure 10.4- 1. The general procedure is as follows:
w Follow the certification of precompliance procedures described in subsection 10.6 (to comply with section 66266.103(b)).
w For each metal of concern, perform a series of tests to establish the relationship (enrichment factor) between the concentration of emitted metal and the metal concentration in the collected kiln dust.
w Use the demonstrated enrichment factor, in combination with the Tier III (or Tier II) metal emission limit and the most stringent applicable particulate emission limit, to calculate the "violation" and "conservative" dust metal concentration limits. Include this information with the certification of compliance under section 66266.103(c).
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
w Perform daily and/or weekly monitoring of the cement kiln dust metal concentration to ensure (with appropriate QA/QC) that the metal concentration does not exceed either limit.
- If the cement kiln dust metal concentration exceeds the "conservative" limit more than 5% of the time (i.e., more than three failures in last 60 tests), the series of tests to determine the enrichment factor must be repeated.
- If the cement kiln dust metal concentration exceeds the "violation" limit, a violation has occurred.
w Perform quarterly tests to verify that the enrichment factor has not increased significantly. If the enrichment factor has increased, the series of tests to determine the enrichment factor must be repeated.
10.5 Implementation Procedures
A step-by-step description for implementing the method is provided below:
(1) Prepare initial limits and test plans.
w Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see section 66266.106).
w Determine the applicable PM emission standard. This standard is the most stringent particulate emission standard that applies to the facility. A facility may elect to restrict itself to an even more stringent self-imposed PM emission standard, particularly if the facility finds that it is easier to control particulate emissions than to reduce the kiln dust concentration of a certain metal (i.e., lead).
w Determine which metals need to be monitored (i.e., all hazardous metals for which Tier III emission limits are lower than PM emission limits-assuming PM is pure metal).
w Follow the compliance procedures described in Subsection 10.6.
w Follow the guidelines described in SW-846 for preparing test plans and waste analysis plans for the following tests:
- Compliance tests to determine limits on metal feedrates in pumpable hazardous wastes and in all hazardous wastes (as well as to determine other compliance parameters);
- Initial tests to determine enrichment factors;
- Quarterly tests to verify enrichment factors;
- Analysis of hazardous waste feedstreams; and
- Daily and/or weekly monitoring of kiln dust for continuing compliance.
(2) Conduct tests to determine the enrichment factor.
w These tests must be conducted within a 14-day period. No more than two tests may be conducted in any single day. If the tests are not completed within a 14- day period, they must be repeated.
w Simultaneous stack samples and kiln dust samples must be taken.
- Stack sampling must be conducted with the multiple metals train according to procedures provided in section 10.3 of this Methods Manual.
- Kiln dust sampling must be conducted as follows:
- Follow the sampling and analytical procedures described in SW-846 and the waste analysis plan as they pertain to the condition and accessibility of the dust.
- Samples should be representative of the last ESP or Fabric Filter in the APCS series.
w The feedrates of hazardous metals in all pumpable hazardous waste streams and in all waste streams must be monitored during these tests. It is recommended (but not required) that the feedrates of hazardous metals in all feedstreams also be monitored.
w At least ten single (noncomposited) runs are required during the tests.
- The facility must follow a normal schedule of kiln dust recharging for all of the tests.
- Three of the first five tests must be compliance tests in conformance with section 66266.103(c); i.e., they must be used to determine maximum allowable feedrates of metals in pumpable hazardous wastes, and in all hazardous wastes, as well as to determine other compliance limits (see section 66266.103(c)(1)).
- The remainder of the tests need not be conducted under full compliance test conditions; however, the facility must operate at its compliance test production rate, and it must burn hazardous waste during these tests such that the feedrate of each metal for pumpable and total hazardous wastes is at least 25% of the feedrate during compliance testing. If these criteria, and those discussed below, are not met for any parameter during a test, then either the test is not valid for determining enrichment factors under this method, or the compliance limits for that parameter must be established based on these test conditions rather than on the compliance test conditions.
w Verify that compliance emission limits are not exceeded.
- Metal emissions must not exceed Tier III (or Tier II) limits.
- PM emissions must not exceed the most stringent of applicable PM standards  (or an optional self-imposed particulate standard).
w The facility must generate normal, marketable product using normal raw materials and fuels under normal operating conditions (for parameters other than those specified under this method) when these tests are conducted.
w Chromium must be treated as a special case:
- The enrichment factor for total chromium is calculated in the same way as the enrichment factor for other metals (i.e., the enrichment factor is the ratio of the concentration of total chromium in the emitted particulate matter to the concentration of total chromium in the collected kiln dust).
- The enrichment factor for hexavalent chromium (if measured) is defined as the ratio of the concentration of hexavalent chromium in the emitted particulate matter to the concentration of total chromium in the collected kiln dust.
(3) Use the enrichment factors measured in Step 2 to determine EF 95%, EF 99%, and SEF.
w Calculate EF 95%  and EF 99%  according to the t-distribution as described in Appendix A
w Calculate SEF by
- Equation 4a if EF 95%  is determinable and if EF 99%  is greater than two times EF 95%.
- Equation 4b if EF 95%  is determinable and if EF 99%  is not greater than two times EF 95%.
- Equation 4c if EF 95%  is not determinable.
The facility may choose to set an even more conservative SEF to give itself a larger margin of safety between the point where corrective action is necessary and the point where a violation occurs.
(4) Prepare certification of compliance.
w Calculate the "conservative" dust metal concentration limit (DMCL c) using Equation 5.
- Chromium is treated as a special case. The "conservative" kiln dust chromium concentration limit is set for total chromium, not for hexavalent chromium. The limit for total chromium must be calculated using the Tier III (or Tier II) metal limit for hexavalent chromium.
- If the stack samples described in Step 2 were analyzed for hexavalent chromium, the SEF based on the hexavalent chromium enrichment factors (as defined in Step 2) must be used in this calculation.
- If the stack samples were not analyzed for hexavalent chromium, then the SEF based on the total chromium enrichment factor must be used in this calculation.
w Calculate the "violation" dust metal concentration limit (DMCL v) using Equation 3 if EF 95%  is determinable, or using Equation 6 if EF 95%  is not determinable.
- Chromium is treated as a special case. The "violation" kiln dust chromium concentration limit is set for total chromium, not for hexavalent chromium. The limit for total chromium must be calculated using the Tier III (or Tier II) metal limit for hexavalent chromium.
- If the stack samples taken in Step 2 were analyzed for hexavalent chromium, the EF 95%  based on the hexavalent chromium enrichment factor (as defined in Step 2) should be used in this calculation.
- If the stack samples were not analyzed for hexavalent chromium, the EF 95%  based on the total chromium enrichment factor must be used in this calculation.
w Submit certification of compliance.
w Steps 2-4 must be repeated for recertification, which is required once every 3 years (see section 66266.103(d)).
(5) Monitor metal concentrations in kiln dust for continuing compliance, and maintain compliance with all compliance limits for the duration of interim status.
w Metals to be monitored during compliance testing are classified as either  "critical" or "noncritical" metals.
- All metals must initially be classified as "critical" metals and be monitored on a daily basis.
- A "critical" metal may be reclassified as a "noncritical" metal if its concentration in the kiln dust remains below 10% of its "conservative" kiln dust metal concentration limit for 30 consecutive daily samples. "Noncritical" metals must be monitored on a weekly basis.
- A "noncritical" metal must be reclassified as a "critical" metal if its concentration in the kiln dust is above 10% of its "conservative" kiln dust metal concentration limit for any single daily or weekly sample.
w Noncompliance with the sampling and analysis schedule prescribed by this method is a violation of the metals controls under section 66266.103.
w Follow the sampling, compositing, and analytical procedures described in this method and in SW-846 as they pertain to the condition and accessibility of the kiln dust.
w Follow the same procedures and sample at the same locations as were used for kiln dust samples collected to determine the enrichment factors (as discussed in Step 2).
w Samples must be collected at least once every 8 hours, and a daily composite must be prepared according to SW-846 procedures.
- At least one composite sample is required. This sample is referred to as the  "required" sample.
- For QA/QC purposes, a facility may elect to collect two or more additional samples. These samples are referred to as the "spare" samples. These additional samples must be collected over the same time period and according to the same procedures as those used for the "required" sample.
- Samples for "critical" metals must be daily composites.
- Samples for "noncritical" metals must be weekly composites. These samples can be composites of the original 8-hour samples, or they can be composites of daily composite samples.
w Analyze the "required" sample to determine the concentration of each metal.
- This analysis must be completed within 48 hours of the close of the sampling period. Failure to meet this schedule is a violation of the metals standards of section 66266.103.
w If the "conservative" kiln dust metal concentration limit is exceeded for any metal, refer to Step 8.
w If the "conservative" kiln dust metal concentration limit is not exceeded, continue with the daily or weekly monitoring (Step 5) for the duration of interim status.
w Conduct quarterly enrichment factor verification tests, as described in Step 6.
(6) Conduct quarterly enrichment factor verification tests.
w After certification of compliance with the metals standards, a facility must conduct quarterly enrichment factor verification tests every three months for the duration of interim status. The first quarterly test must be completed within three months of certification (or recertification). Each subsequent quarterly test must be completed within three months of the preceding quarterly test. Failure to meet this schedule is a violation.
w Simultaneous stack samples and kiln dust samples must be collected.
w Follow the same procedures and sample at the same locations as were used for kiln dust samples and stack samples collected to determine the enrichment factors (as discussed in Step 2).
w At least three single (noncomposite) runs are required. These tests need not be conducted under the operating conditions of the initial compliance test; however, the facility must operate under the following conditions:
- It must operate at compliance test production rate.
- It must burn hazardous waste during the test, and for the 2-day period immediately preceding the test, such that the feedrate of each metal for pumpable and total hazardous wastes consist of at least 25% of the operating limits established during the compliance test.
- It must remain in compliance with all compliance parameters (see section 66266.103(c)(1).
- It must follow a normal schedule of kiln dust recharging.
- It must generate normal marketable product from normal raw materials during the tests.
(7) Conduct a statistical test to determine if the enrichment factors measured in the quarterly verification tests have increased significantly from the enrichment factors determined in the tests conducted in Step 2. The enrichment factors have increased significantly if all three of the following criteria are met:
w By applying the t-test described in appendix A, it is determined that the enrichment factors measured in the quarterly tests are not taken from the same population as the enrichment factors measured in the Step 2 tests;
w The EF 95%  calculated for the combined data sets (i.e., the quarterly test data and the original Step 2 test data) according to the t-distribution (described in appendix A) is more than 10% higher than the EF 95%  based on the enrichment factors previously measured in Step 2; and
w The highest measured kiln dust metal concentration recorded in the previous quarter is more than 10% of the "violation" kiln dust concentration limit that would be calculated from the combined EF 95%.
If the enrichment factors have increased significantly, the tests to determine the enrichment factors must be repeated (refer to Step 11). If the enrichment factors have not increased significantly, continue to use the kiln dust metal concentration limits based on the enrichment factors previously measured in Step 2, and continue with the daily and/or weekly monitoring described in Step 5.
(8) If the "conservative" kiln dust metal concentration limit was exceeded for any metal in any single analysis of the "required" kiln dust sample, the "spare" samples corresponding to the same period may be analyzed to determine if the exceedance was due to a sampling or analysis error.
w If no "spare" samples were taken, refer to Step 9.
w If the average of all the samples for a given day (or week, as applicable)  (including the "required" sample and the "spare" samples) does not exceed the "conservative" kiln dust metal concentration limit, no corrective measures are necessary; continue with the daily and/or weekly monitoring as described in Step 5.
w If the average of all samples for a given day (or week, as applicable) exceeds the "conservative" kiln dust metal concentration limit, but the average of the "spare" samples is below the "conservative" kiln dust metal concentration limit, apply the Q-test, described in appendix A, to determine whether the "required" sample concentration can be judged as an outlier.
- If the "required" sample concentration is judged an outlier, no corrective measures are necessary; continue with the daily and/or weekly monitoring described in Step 5.
- If the "required" sample concentration is not judged an outlier, refer to Step 9.
(9) Determine if the "violation" kiln dust metal concentration has been exceeded based on either the average of all the samples collected during the 24-hour period in question, or if discarding an outlier can be statistically justified by the Q-test described in appendix A, on the average of the remaining samples.
w If the "violation" kiln dust metal concentration limit has been exceeded, a violation of the metals controls under section 66266.103(c) has occurred. Notify the Director that a violation has occurred. Hazardous waste may be burned for testing purposes for up to 720 operating hours to support a revised certification of compliance. Note that the Director may grant an extension of the hours of hazardous waste burning under section 66266.103(c)(7) if additional burning time is needed to support a revised certification for reasons beyond the control of the owner or operator. Until a revised certification of compliance is submitted to the Director, the feedrate of the metals in violation in total and pumpable hazardous waste feeds is limited to 50% of the previous compliance test limits.
w If the "violation" kiln dust metal concentration has not been exceeded:
- If the exceedance occurred in a daily composite sample, refer to Step 10.
- If the exceedance occurred in a weekly composite sample, refer to Step 11.
(10) Determine if the "conservative" kiln dust metal concentration limit has been exceeded more than three times in the last 60 days.
w If not, log this exceedance and continue with the daily and/or weekly monitoring (Step 5).
w If so, the tests to determine the enrichment factors must be repeated (refer to Step 11).
w This determination is made separately for each metal; For example,
- Three exceedances for each of the ten hazardous metals are allowed within any 60-day period.
- Four exceedances of any single metal in any 60-day period is not allowed.
w This determination should be made daily, beginning on the first day of daily monitoring. For example, if four exceedances of any single metal occur in the first four days of daily monitoring, do not wait until the end of the 60-day period; refer immediately to Step 11.
(11) The tests to determine the enrichment factor must be repeated if: (1) More than three exceedances of the "conservative" kiln dust metal concentration limit occur within any 60 consecutive daily samples; (2) an excursion of the "conservative" kiln dust metal concentration limit oc-
curs in any weekly sample; or (3) a quarterly test indicates that the enrichment factors have increased significantly.
w The facility must notify the Director if these tests must be repeated.
w The facility has up to 720 hazardous-waste burning hours to redetermine the enrichment factors for the metal or metals in question and to recertify (beginning with a return to Step 2). During this period, the facility must reduce the feed rate of the metal in violation by 50%. If the facility has not completed the recertification process within this period, it must stop burning or obtain an extension. Hazardous waste burning may resume only when the recertification process (ending with Step 4) has been completed.
w Meanwhile, the facility must continue with daily kiln dust metals monitoring  (Step 5) and must remain in compliance with the "violation" kiln dust metal concentration limits (Step 9).
10.6 Precompliance Procedures
Cement kilns and other industrial furnaces that recycle emission control residue back into the furnace must comply with the same certification schedules and procedures (with the few exceptions described below) that apply to other boilers and industrial furnaces. These schedules and procedures, as set forth in section 66266.103, require no later than the effective date of the rule, each facility submit a certification which establishes precompliance limits for a number of compliance parameters (see section 66266.103(b)(3)), and that each facility immediately begin to operate under these limits.
These precompliance limits must ensure that interim status emissions limits for hazardous metals, particulate matter, HCl, and Cl 2  are not likely to be exceeded. Determination of the values of precompliance limits must be made based on either (1) conservative default assumptions in this Methods Manual, or (2) engineering judgement.
The flowchart for implementing the precompliance procedures is shown in Figure 10.6-1. The step-by-step precompliance implementation procedure is described below. The precompliance implementation procedures and numbering scheme are similar to those used for the compliance procedures described in Subsection 10.5.
(1) Prepare initial limits and test plans.
w Determine the Tier III metal emission limit. The Tier II metal emission limit may also be used (see section 66266.106).
w Determine the applicable PM emission standard. This standard is the most stringent particulate emission standard that applies to the facility. A facility may elect to restrict itself to an even more stringent self-imposed PM emission standard, particularly if the facility finds that it is easier to control particulate emissions than to reduce the kiln dust concentration of a certain metal (i.e., lead).
w Determine which metals need to be monitored (i.e., all hazardous metals for which Tier III emission limits are lower than PM emission limits, assuming PM is pure metal).
w Follow the procedures described in SW-846 for preparing waste analysis plans for the following tasks:
- Analysis of hazardous waste feedstreams.
- Daily and/or weekly monitoring of kiln dust concentrations for continuing compliance.
(2) Determine the "safe" enrichment factor for precompliance. In this context, the "safe" enrichment factor is a conservatively high estimate of the enrichment factor (the ratio of the emitted metal concentration to the metal concentration in the collected kiln dust). The "safe" enrichment factor must be calculated from either conservative default values, or engineering judgement.
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
w Conservative default values for the "safe" enrichment factor are as follows:
- SEF = 10 for all hazardous metals except mercury. SEF = 10 for antimony, arsenic, barium, beryllium, cadmium, chromium, lead, silver, and thallium.
- SEF = 100 for mercury.
w Engineering judgement may be used in place of conservative default assumptions provided that the engineering judgement is defensible and properly documented. The facility must keep a written record of all assumptions and calculations necessary to justify the SEF. The facility must provide this record to Department upon request and must be prepared to defend these assumptions and calculations.
Examples of situations where the use of engineering judgement is appropriate include:
- Use of data from precompliance tests;
- Use of data from previous compliance tests; and
- Use of data from similar facilities.
(3) This step does not apply to precompliance procedures.
(4) Prepare certification of precompliance.
w Calculate the "conservative" dust metal concentration limit (DMCL c) using Equation 5.
w Submit certification of precompliance. This certification must include precompliance limits for all compliance parameters that apply to other boilers and industrial furnaces (i.e., those that do not recycle emission control residue back into the furnace) as listed in section 66266.103(b)(3), except that it is not necessary to set precompliance limits on maximum feedrate of each hazardous metal in all combined feedstreams.
w Furnaces that recycle collected PM back into the furnace (and that elect to comply with this method (see section 66266.103(c)(3)(ii)) are subject to a special precompliance parameter, however. They must establish precompliance limits on the maximum concentration of each hazardous metal in collected kiln dust. (which must be set according to the procedures described above).
(5) Monitor metal concentration in kiln dust for continuing compliance, and maintain compliance with all precompliance limits until certification of compliance has been submitted.
w Metals to be monitored during precompliance testing are classified as either  "critical" or "noncritical" metals.
- All metals must initially be classified as "critical" metals and be monitored on a daily basis.
- A "critical" metal may be reclassified as a "noncritical" metal if its concentration in the kiln dust remains below 10% of its "conservative" kiln dust metal concentration limit for 30 consecutive daily samples. "Noncritical" metals must be monitored on a weekly basis, at a minimum.
- A "noncritical" metal must be reclassified as a "critical" metal if its concentration in the kiln dust is above 10% of its "conservative" kiln dust metal concentration limit for any single daily or weekly sample.
w It is a violation if the facility fails to analyze the kiln dust for any  "critical" metal on any single day or for any "noncritical" metal during any single week, when hazardous waste is burned.
w Follow the sampling, compositing, and analytical procedures described in this method and in SW-846 as they pertain to the condition and accessibility of the kiln dust.
w Samples must be collected at least once very 8 hours, and a daily composite prepared according to SW-846 procedures.
- At least one composite sample is required. This sample is referred to as the  "required" sample.
- For QA/QC purposes, a facility may elect to collect two or more additional samples. These samples are referred to as the "spare" samples. These additional samples must be collected over the same time period and according to the same procedures as those used for the "required" sample.
- Samples for "critical" metals must be daily composites.
- Samples for "noncritical" metals must be weekly composites, at a minimum. These samples can be composites of the original 8-hour samples, or they can be composites of daily composite samples.
w Analyze the "required" sample to determine the concentration of each metal.
- This analysis must be completed within 48 hours of the close of the sampling period. Failure to meet this schedule is a violation.
w If the "conservative" kiln dust metal concentration limit is exceeded for any metal, refer to Step 8.
w If the "conservative" kiln dust metal concentration limit is not exceeded, continue with the daily and/or weekly monitoring (Step 5) for the duration of interim status.
(6) This step does not apply to precompliance procedures.
(7) This step does not apply to precompliance procedures.
(8) If the "conservative" kiln dust metal concentration limit was exceeded for any metal in any single analysis of the "required" kiln dust sample, the "spare" samples corresponding to the same period may be analyzed to determine if the exceedance is due to a sampling or analysis error.
w If no "spare" samples were taken, refer to Step 9.
w If the average of all the samples for a given day (or week, as applicable)  (including the "required" sample and the "spare" samples) does not exceed the "conservative" kiln dust metal concentration limit, no corrective measures are necessary; continue with the daily and/or weekly monitoring as described in Step 5.
w If the average of all the samples for a given day (or week, as applicable) exceeds the "conservative" kiln dust metal concentration limit. but the average of the "spare" samples is below the "conservative" kiln dust metal concentration limit, apply the Q-test, described in appendix A, to determine whether the "required" sample concentration can be judged as an outlier.
- If the "required" sample concentration is judged an outlier, no corrective measures are necessary; continue with the daily and/or weekly monitoring described in Step 5.
- If the "required" sample concentration is not judged an outlier, refer to Step 10.
(9) This step does not apply to precompliance procedures.
(10) Determine if the "conservative" kiln dust metal concentration limit has been exceeded more than three times in the last 60 days.
w If not, log this exceedance and continue with the daily and/or weekly monitoring (Step 5).
w If so, the tests to determine the enrichment factors must be repeated (refer to Step 11).
w This determination is made separately for each metal; for example
- Three exceedances for each of the ten hazardous metals are allowed within any 60-day period.
- Four exceedances of any single metal is any 60-day period is not allowed.
w This determination should not be made daily, beginning on the first day of daily monitoring. For example, if four exceedances of any single metal occur in the first four days of daily monitoring, do not wait until the end of the 60- day period; refer immediately to Step 11.
(11) A revised certification of compliance must be submitted to the Director  (or certification of compliance must be submitted) if: (1) More than three exceedances of the "conservative" kiln dust metal concentration limit occur within any 60 consecutive daily samples; or (2) an exceedance of the "conservative" kiln dust metal concentration limit occurs in any weekly sample.
w The facility must notify the Director if a revised certification of precompliance must be submitted.
w The facility has up to 720 waste-burning hours to submit a certification of compliance or a revised certification of precompliance. During this period, the feed rate of the metal in violation must be reduced by 50%. In the case of a revised certification of precompliance, engineering judgement must be used to ensure that the "conservative" kiln dust metal concentration will not be exceeded. Examples of how this goal might be accomplished include:
- Changing equipment or operating procedures to reduce the kiln dust metal concentration;
- Changing equipment or operating procedures, or using more detailed engineering judgement, to decrease the estimated SEF and thus increase the "conservative" kiln dust metal concentration limit;
- Increasing the "conservative" kiln dust metal concentration limit by imposing a stricter PM emissions standard; or
- Increasing the "conservative" kiln dust metal concentration limit by performing a more detailed risk assessment to increase the metal emission limits.
w Meanwhile, the facility must continue with daily kiln dust metals monitoring  (Step 5).

 



Appendix A to Appendix IX -Statistics
 A.1 Determination of Enrichment Factor
After at least 10 initial emissions tests are performed, an enrichment factor for each metal must be determined. At the 95% confidence level, the enrichment factor, EF 95% s, is based on the test results and is statistically determined so there is only a 5% chance that the enrichment factor at any given time will be larger than EF 95%. Similarly, at the 99% confidence level, the enrichment factor, EF 99%, is statistically determined so there is only a 1% chance that the enrichment factor at any given time will be larger than EF 99% .
For a large number of samples (n > 30), EF 95%  is based on a normal distribution, and is equal to:
EF 95%  = EF + z cs(1)
where:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
For a 95% confidence level, z c  is equal to 1.645.
For a small number of samples (n < 30), EF 95%  is based on the t - distribution and is equal to:
EF 95%  = EF + t c  S (4)
where the standard deviation, S, is defined as:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
t c  is a function of the number of samples and the confidence level that is desired. It increases in value as the sample size decreases and the confidence level increases. The 95% confidence level is used in this method to calculate the "violation" kiln dust metal concentration limit; and the 99% confidence level is sometimes used to calculate the "conservative" kiln dust metal concentration limit. Values of t c  are shown in table A-1 for various degrees of freedom (degrees of freedom = sample size-1) at the 95% and 99% confidence levels. As the sample size approaches infinity, the normal distribution is approached.
A.2 Comparison of Enrichment Factor Groups
To determine if the enrichment factors measured in the quarterly tests are significantly different from the enrichment factors determined in the initial Step 2 tests, the t-test is used. In this test, the value t meas:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Table A-1. -T-Distribution
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
_____________________________________
n-1 or n1 + n [FN2]-2  t95  t99
_____________________________________
1                        6.31   31.82
2                        2.92   6.96
3                        2.35   4.54
4                        2.13   3.75
5                        2.02   3.36
6                        1.94   3.14
7                        1.90   3.00
8                        1.86   2.90
9                        1.83   2.82
10                       1.81   2.76
11                       1.80   2.72
12                       1.78   2.68
13                       1.77   2.65
14                       1.76   2.62
15                       1.75   2.60
16                       1.75   2.58
17                       1.74   2.57
18                       1.73   2.55
19                       1.73   2.54
20                       1.72   2.53
25                       1.71   2.48
30                       1.70   2.46
40                       1.68   2.42
60                       1.67   2.39
120                      1.66   2.36
8                        1.645  2.33
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
is compared to t crit  at the desired confidence level. The 95% confidence level is used in this method. Values of t crit  are shown in table A-1 for various degrees of freedom (degrees of freedom n 1  + n 2  - 2) at the 95% and 99% confidence levels. If t meas  is greater then t crit, it can be concluded with 95% confidence that the two groups are not from the same population.
A.3 Rejection of Data
If the concentration of any hazardous metal in the "required" kiln dust sample exceeds the kiln dust metal concentration limit, the "spare" samples are analyzed. If the average of the combined "required" and "spare" values is still above the limit, a statistical test is used to decide if the upper value can be rejected.
The "Q-test" is used to determine if a data point can be rejected. The difference between the questionable result and its neighbor is divided by the spread of the entire data set. The resulting ratio, Q meas, is then compared with rejection values that are critical for a particular degree of confidence, where Q meas  is:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
The 90% confidence level for data rejection is used in this method. Table A-2 provides the values of Q crit  at the 90% confidence level. If Q at the 90% confidence level. If Q meas  is larger than Q crit, the data point can be discarded. Only one data point from a sample group can be rejected using this method.
Table A-2. -Critical Values for Use in the  Q-Test
 
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
n   Q crit
3   0.94
4   0.76
5   0.64
6   0.56
7   0.51
8   0.47
9   0.44
10  0.41
 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix IX.%L Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix IX. 
  
 



Appendix X -[Reserved] Note: Authority cited: Sections 25150, 25159, 25159.5, 25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix X.
 
 



Appendix XI. -Lead-Bearing Materials That May Be Processed in Exempt Lead Smelters
 A. Exempt Lead-Bearing Materials When Generated or Originally Produced By Lead-Associated Industries [FN1]
Acid dump/fill solids
Sump mud
Materials from laboratory analyses
Acid filters
Baghouse bags
Clothing (e.g., coveralls, aprons, shoes, hats, gloves)
Sweepings
Air filter bags and cartridges
Respiratory cartridge filters
Shop abrasives
Stacking boards
Waste shipping containers (e.g., cartons, bags, drums, cardboard)
Paper hand towels
Wiping rags and sponges
Contaminated pallets
Water treatment sludges, filter cakes, residues, and solids
Emission control dusts, sludges, filter cakes, residues, and solids from lead-associated industries (e.g., K069 and D008 wastes)
Spent grids, posts, and separators
Spent batteries
 Lead oxide and lead oxide residues
 Lead plates and groups
Spent battery cases, covers, and vents
Pasting belts
Water filter media
Cheesecloth from pasting rollers
Pasting additive bags
Asphalt paving materials
B. Exempt Lead-Bearing Materials When Generated or Originally Produced By Any Industry
Charging jumpers and clips
Platen abrasive
Fluff from lead wire and cable casings
 Lead-based pigments and compounding pigment dust 
[FN1] Lead-associated industries are lead smelters, lead-acid battery manufacturing, and lead chemical manufacturing (e.g., manufacturing of lead oxide or other lead compounds).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix XI. 
  
 



Appendix XII. -Nickel or Chromium-Bearing Materials That May Be Processed in Exempt Nickel-Chromium Recovery Furnaces
 A. Exempt Nickel or Chromium-Bearing Materials when Generated by Manufacturers or Users of Nickel, Chromium, or Iron
Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, and gloves)
 Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or vehicles used to transport nickel or chromium-containing wastes
Respirator cartridge filters
Paper hand towels
B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any Industry
Electroplating wastewater treatment sludges (F006)
Nickel and/or chromium-containing solutions
Nickel, chromium, and iron catalysts
Nickel-cadmium and nickel-iron batteries
Filter cake from wet scrubber system water treatment plants in the specialty steel industry [FN1]
Filter cake from nickel-cadmium alloy pickling operations [FN1] 
[FN1] If a hazardous waste under an authorized State program.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix XII. 
  
 



Appendix XIII. -Mercury Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units
These are exempt mercury-bearing materials with less than 500 ppm of Chapter 11, appendix VIII organic constituents when generated by manufacturers or users of mercury or mercury products.
Active carbon
Decomposer graphite
Wood
Paper
Protective clothing
Sweepings
Respiratory cartridge filters
Cleanup articles
Plastic bags and other contaminated containers
 Laboratory and process control samples
K106 and other wastewater treatment plant sludge and filter cake
Mercury cell sump and tank sludge
Mercury cell process solids
Recoverable levels or mercury contained in soil
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR part 266, Appendix XIII. 
  
 



s 66268.1. Purpose, Scope and Applicability.
 (a) This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.
(b) Except as specifically provided otherwise in this chapter or chapter 11 of this division, the requirements of this chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.
(c) Restricted wastes may continue to be land disposed as follows:
(1) where persons have been granted an extension to the effective date of a prohibition under article 3 of this chapter or pursuant to section 66268.5, with respect to those wastes covered by the extension;
(2) Where persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) RCRA hazardous wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, are not prohibited if the wastes:
(A) Are disposed into a nonhazardous or hazardous injection well; and
(B) Do not exhibit any prohibited characteristic of hazardous waste identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) at the point of injection.
(4) RCRA hazardous wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in section 66268.40, or are D003 reactive cyanide:
(A) The wastes are managed in a treatment system which subsequently discharges to waters of the U.S. pursuant to a permit issued under section 402 of the Clean Water Act; or
(B) The wastes are treated for purposes of the pretreatment requirements of section 307 of the Clean Water Act; or
(C) The wastes are managed in a zero discharge system engaged in Clean Water Act-equivalent treatment as defined in section 66268.37; and
(D) The wastes no longer exhibit a prohibited characteristic in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) at the point of land disposal (i.e., placement in a surface impoundment).
(5) where persons who own or operate a land treatment facility have been granted by the Department an exemption allowing the disposal of restricted hazardous waste in the land treatment facility pursuant to Health and Safety Code section 25179.12;
(6) where persons who own or operate a surface impoundment have been granted by the Department an exemption allowing the treatment of restricted waste in the surface impoundment in accordance with Health and Safety Code section 25179.11;
(7) where restricted hazardous waste in lab packs has not been restricted or prohibited by the USEPA pursuant to RCRA section 3004 (42 U.S.C. section 6924), as amended.
(d) The requirements of this chapter shall not affect the availability of a waiver under section 121(d)(4) of CERCLA (42 U.S.C. section 9621).
(e) The following hazardous wastes are not subject to any provision of chapter 18:
(1) RCRA hazardous waste generated by small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined in 40 CFR section 261.5;
(2) waste pesticides that a farmer disposes of pursuant to section 66262.70;
(3) solid hazardous wastes generated in the clean up or decontamination of any site contaminated only by hazardous wastes which have not been restricted or prohibited by the USEPA pursuant to section 3004 of the RCRA (42 U.S.C. section 6924), as amended, and which have complied with California Health and Safety Code section 25179.5(a)(4).
(4) Wastes identified or listed as RCRA hazardous waste after November 8, 1984 for which the Department has not promulgated land disposal prohibitions or treatment standards;
(5)De minimis losses to wastewater treatment systems of commercial chemical product or chemical intermediates that are ignitable (D001), corrosive (D002), or are organic constituents that exhibit the characteristic of toxicity (D012- D043), and that contain underlying hazardous constituents as defined in section 66260.10, are not considered to be prohibited wastes.De minimis is defined as losses 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; and 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
(f) Effective May 8, 1990, all hazardous wastes are prohibited from land disposal unless the wastes have been exempted, granted a variance or granted an extension under this chapter or pursuant to California Health and Safety Code sections 25179.8, 25179.9, 25179.10, 25179.11 and 25179.12, unless the wastes meet the applicable treatment standards specified under article 4 and article 11 of this chapter, or 40 CFR part 268 or unless the wastes have a treatment standard that has been repealed pursuant to Health and Safety Code section 25179.6.
(g) Persons who manage universal waste are exempt from sections 66268.7 and 66268.50. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25159,  25179.6, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25150, 25159, 25159.5, 25179.3, 25179.6, 25179.7, 25179.8, 25179.9, 25179.10, 25179.11, 25179.12, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 268.1. 
  
 



s 66268.2. Definitions Applicable in This Chapter.
Definitions of terms applicable in this chapter are provided under section 66260.10.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 268.2. 
  

 



s 66268.3. Dilution Prohibited As a Substitute for Treatment.
 (a) No generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with article 4 or article 11 of this chapter, to circumvent the effective date of a prohibition in article 3 or article 10 of this chapter, to otherwise avoid a prohibition in article 3 or article 10 of this chapter, or to circumvent a land disposal prohibition imposed by RCRA section 3004 (42 U.S.C. section 6924).
(b) Combustion of the hazardous waste codes listed in Appendix XI of this chapter is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria (unless otherwise specifically prohibited from combustion):
(1) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in section 66268.48;
(2) The waste consists of organic, debris-like materials (e.g., wood paper, plastic, or cloth) contaminated with an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value such as greater than or equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a required method of treatment;
(5) The waste is subject to Federal and/or State requirements necessitating reduction of organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
(c) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 268.3. 
  
 



s 66268.5. Procedures for Case-By-Case Extensions to an Effective Date.
 (a) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the Department, for non-RCRA hazardous wastes, or the U.S. EPA Administrator, for RCRA hazardous wastes, for an extension to the effective date of any applicable restriction established under article 3 of this chapter.
(b) For hazardous waste subject to RCRA land disposal restrictions set forth in article 4 of this chapter, the applicant shall petition the U.S. EPA Administrator for a case-by-case extension pursuant to 40 CFR section 268.5. Within 30 days after the applicant has received from the U.S. EPA Administrator an approved petition for a case-by-case extension, the applicant shall submit to the Department a copy of the approved case-by-case extension.
(c) For hazardous waste listed in section 66268.29 of this chapter subject to non-RCRA land disposal restrictions set forth in article 11 of this chapter, the applicant shall petition the Department for a case-by-case extension pursuant to this section. Each applicant for an extension shall demonstrate that all of the following conditions apply to the waste.
(1) The hazardous waste cannot be recycled, reused, or treated to meet the standards adopted by the Department pursuant to section 25179.6, California Health and Safety Code, at a commercial off-site hazardous waste facility in the state.
(2) Recycling or treatment alternatives cannot be provided at the site of generation.
(3) Measures have been, or will be, taken to reduce the generation of the hazardous waste.
(4) Land disposal of the hazardous waste is in compliance with all existing statutes and regulations.
(5) Circumstances beyond the control of the applicant, such as delays in the issuance of a permit, have prevented the development of the needed capacity by the date established under this chapter.
(d) An extension will apply only to the waste generated at the individual facility covered by the application and will not apply to restricted waste from any other facility.
(e) On the basis of the information referred to in subsections (a), (b), and  (c) of this section, the Department may grant an extension of up to 1 year from the effective date. The Department may renew this extension for up to 1 additional year upon the request of the applicant if the demonstration required in subsections (a), (b), and (c) of this section can still be made. In no event will an extension extend beyond 24 months from the applicable effective date specified in article 3 of chapter 18. The length of any extension authorized will be determined by the Department based on the time required to construct or obtain the type of capacity needed by the applicant.
(f) Any person granted an extension under this section shall immediately notify the Department as soon as the person has knowledge of any change in the conditions certified to in the application.
(g) Any person granted an extension under this section shall submit written progress reports to the Department at intervals designated by the Department. Such reports shall describe the overall progress made toward constructing or otherwise providing alternative treatment, recovery or disposal capacity, shall identify any event which may cause or has caused a delay in the development of the capacity, and shall summarize the steps taken to mitigate the delay. The Department can revoke the extension at any time if the applicant does not demonstrate a good-faith effort to meet the schedule for completion, if the Department denies or revokes any required permit, if conditions certified in the application change, or for any violation of this division.
(h) Whenever the Department establishes an extension to an effective date under this section, during the period for which such extension is in effect:
(1) the storage restrictions under section 66268.50(a) do not apply; and
(2) such hazardous waste may be disposed in a landfill or surface impoundment only if such unit is in compliance with the technical requirements of the following provisions regardless of whether such unit is existing, new or a replacement or lateral expansion:
(A) the landfill, if in interim status, is in compliance with the requirements of article 6 of chapter 15 and section 66265.301(a), (c), and (d) of this division; or,
(B) the landfill, if permitted, is in compliance with the requirements of article 6 of chapter 14 and section 66264.301(c), (d) and (e) of this division;
(C) the surface impoundment, if in interim status, is in compliance with the requirements of article 6 of chapter 15, section 66265.221(a), (c), and (d) of this division, and RCRA section 3005(j)(1); or
(D) the surface impoundment, if permitted, is in compliance with the requirements of article 6 of chapter 14 and section 66264.221(c), (d) and (e) of this division and California Health and Safety Code, division 20, chapter 6.5 article 9.5;
(E) as consistent with state law, the surface impoundment, if newly subject to RCRA section 3005(j)(1) (42 U.S.C. section 6925(j)(1)) due to the promulgation of additional listings or characteristics for the identification of hazardous waste, is in compliance with the requirements of article 6 of chapter 15 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and the requirements of section 66265.221(a), (c) and (d) of this division within 48 months after the promulgation of additional listings or characteristics of hazardous waste. If a national capacity variance is granted, during the period the variance is in effect, the surface impoundment, if newly subject to RCRA section 3005(j)(1) ( 42 U.S.C. section 6925(j)(1)) due to the promulgation of additional listings or characteristics of hazardous waste, is in compliance with the requirements of article 6 of chapter 15 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of section 66265.221 (a), (c) and (d) of this division within 48 months after the promulgation of additional listings or characteristics of hazardous waste; or
(F) the landfill, if disposing of containerized liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm but less than 500 ppm, is also in compliance with the requirements of 40 CFR section 761.75 and chapters 14 and 15 of this division.
(i) Pending a decision on the application, the applicant is required to comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.
(j) After receiving an application for an extension, the Department may request any additional information which it deems necessary to evaluate the application. Within 45 days of the receipt of the application, the Department shall inform the applicant, in writing, that the application is complete and accepted for filing, or that the application is deficient and what specific information is required.
(k) The Department shall make a decision on an application for an extension within 120 days of the filing of a completed application.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.8, Health and Safety Code; 40 CFR Section 268.5; Section 15376, Government Code. 
  
 



s 66268.6. Petitions to Allow Land Disposal of a Waste Prohibited Under Article 3 of Chapter 18.
For hazardous waste subject to RCRA land disposal restrictions set forth in article 3 of this chapter, the applicant shall petition the U.S. EPA Administration for an exemption from a prohibition pursuant to 40 CFR section 268.6. Within 30 days after the applicant has received from the U.S. EPA Administrator an approved petition, the applicant shall submit to the Department a copy of the approved petition.

 



s 66268.7. Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and Disposal Facilities.
 (a) Requirements for generators:
(1) A generator of hazardous waste shall determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in article 4 or article 11. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in "Test Methods of Evaluating Solid Waste, Physical/Chemical Methods," "USEPA Publication SW-846, as referenced in section 66260.11 of this division, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. In addition, some hazardous wastes shall be treated by particular treatment methods before they can be land disposed and some soils are contaminated by such hazardous wastes. These treatment standards are also found in section 66268.40, and are described in detail in section 66268.42, Table 1. These wastes, and soils contaminated with such wastes, do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste or soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, they shall comply with the special requirements of section 66268.9 of this chapter in addition to any applicable requirements in this section.
(2) Except as provided in subsection (B), if the waste or contaminated soil does not meet the treatment standard: With the initial shipment of waste to each treatment or storage facility, the generator shall send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice shall include the information in column "66268.7(a)(2)" of the Generator Paperwork Requirements Table in section 66268.7(a)(4). No further notification is necessary until such time that the waste or facility change, in which case a new notification shall be sent and a copy placed in the generator's file.
(A) For contaminated soil, the following certification statement should be included, signed by an authorized representative:
I certify under penalty of law that I personally have examined this contaminated soil and it [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and requires treatment to meet the soil treatment standards as provided by section 66268.49(c).
(B) If a generator determines that the generator is managing a restricted waste under section 66268.29 or prohibited waste under section 66268.32 and the waste does not meet the applicable treatment standards set forth in article 11 of this chapter, with each shipment of waste the generator shall notify the receiving facility in writing only if the receiving facility is a land disposal facility operating within California. The notice shall include the following information:
1. Non-RCRA hazardous waste Category listed in section 66268.29, if applicable;
2. the manifest number associated with the shipment of waste; and
3. waste analysis data, where available.
(3) If the waste or contaminated soil meets the treatment standard at the original point of generation:
(A) With the initial shipment of waste to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice shall include the information indicated in column "66268.7(a)(3)" of the Generator Paperwork Requirements Table in section 66268.7(a)(4) and the following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in CCR, Title 22, division 4.5, chapter 18, article 4. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.
(B) For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each facility receiving the waste and place a copy in the file. The notice shall include the information in "66268.7(a)(3)" of the Generator Paperwork Requirements Table in section 66268.7(a)(4).
(C) If the waste changes, the generator shall send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under section 66261.3(e) are not subject to these requirements.
(D) If a generator determines that the generator is managing a restricted waste under section 66268.29 and subject to applicable treatment standards set forth in article 11 of this chapter or prohibited under section 66268.32 and determines that the waste can be land disposed without further treatment, with each shipment of waste the generator shall submit to the receiving facility a notice and a certification stating that the waste meets the applicable treatment standards set forth in article 11 of this chapter or the applicable prohibitions set forth in section 66268.32, only if the receiving facility is a land disposal facility operating within California. The notice shall include the following information:
1. Non-RCRA hazardous waste Category listed in section 66268.29, if applicable;
2. the manifest number associated with the shipment of waste; and
3. waste analysis data, where available.
The certification shall state:
I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in CCR, Title 22, division 4.5, chapter 18, article 11 [or all applicable prohibitions in section 66268.32]. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.
(4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed: There are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under section 66268.5, disposal in a no-migration  unit under section 66268.6, or a national capacity variance or case-by-case capacity variance under article 3 of this chapter. If a generator's waste is so exempt, then with the initial shipment of waste, the generator shall send a one-time written notice to each land disposal facility receiving the waste. The notice shall include the information indicated in column "66268.7(a)(4)" of the Generator Paperwork Requirements Table in this subsection. If the waste changes, the generator shall send a new notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
 
 
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Required Information
1. EPA Hazardous Waste Numbers and Manifest Number of first
shipment
2. Statement: this waste is not prohibited from land disposal
3. The waste is subject to the LDRs. The constituents of concern for
F001-F005, and F039, and underlying hazardous constituents in
RCRA characteristic wastes, unless the waste will be treated and
monitored for all constituents. If all constituents will be treated and
monitored, there is no need to put them all on the LDR notice.
4. The notice shall include the applicable wastewater/nonwastewater
category (see section 66260.10) and subdivisions made within a waste
code based on waste-specific criteria (such as D003reactive cyanide)
5. Waste analysis data (when available)
6. Date the waste is subject to the prohibition
7. For hazardous debris, when treating with the alternative treatment
technologies provided by section 66268.45: the contaminants subject to
treatment, as described in section 66268.45(b); and an indication that these
contaminants are being treated to comply with section 66268.45
8. For contaminated soil subject to LDRs as provided in section 66268.49(a),
the constituents subject to treatment as described in section 66268.49(d), and
the following statement: This contaminated soil [does/does not] contain listed
hazardous waste and [does/does not] exhibit a characteristic of hazardous waste
and [is subject to/complies with] the soil treatment standards as provided by
section 66268.49(c) or the universal treatment standards.
9. A certification is needed (see applicable section for exact wording)
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  s 66268.7(a)(2)  s 66268.7(a)(3)  s 66268.7(a)(4)  s 66268.7(a)(9)
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(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under 40 CFR 262.34 to meet applicable LDR treatment standards found at section 66268.40, the generator shall develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1, section 66268.45, however, are not subject to these waste analysis requirements.) The plan shall be kept on site in the generator's records, and the following requirements shall be met:
(A) The waste analysis plan shall be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this chapter, including the selected testing frequency.
(B) Such plan shall be kept in the facility's on-site files and made available to inspectors.
(C) Wastes shipped off-site pursuant to this subsection shall comply with the notification requirements of section 66268.7(a)(3).
(6) If a generator determines that the waste or contaminated soil is restricted based solely on the generator's knowledge of the waste, all supporting data used to make this determination shall be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846, as referenced in section 66260.11 of this division, and all waste analysis data shall be retained on-site in the generator's files.
(7) If a generator determines that the generator is managing a prohibited waste that is excluded from the definition of hazardous waste or waste or is exempted from hazardous waste regulation under CCR, Title 22, Chapter 11, section 66261.2 through 66261.6 or under the Health and Safety Code subsequent to the point of generation (including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the federal Clean Water Act (CWA) as specified at CCR, Title 22, section 66261.4(a)(1) or that are federal CWA-equivalent, or are managed in an underground injection well regulated by the federal SDWA), the generator shall place a one-time notice describing such generation, subsequent exclusion from the definition of hazardous waste or waste or exemption from hazardous waste regulation, and the disposition of the waste, in the facility's on-site files.
(8) Generators shall retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department. The requirements of this subsection apply to wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous waste or waste under CCR, Title 22, sections 66261.2 through 66261.6 or under Health and Safety Code, or exempted from hazardous waste regulation, subsequent to the point of generation.
(9) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at section 66268.42(c):
(A) With the initial shipment of waste to a treatment facility, the generator shall submit a notice that provides the information in column "66268.7(a)(9)" in the Generator Paperwork Requirements Table of subsection (a)(4) of this section, and the following certification. The certification, which shall be signed by an authorized representative and shall be placed in the generator's files, shall say the following:
I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under appendix IV to CCR, Title 22, division 4.5, chapter 18 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs under CCR, Title 22, division 4.5, chapter 18, section 66268.42(c). I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.
(B) No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification shall be sent and a copy placed in the generator's file.
(C) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in section 66260.10) need not be determined.
(D) The generator shall also comply with the requirements in subsections (a)(6) and (a)(7) of this section.
(10) Small quantity generators of RCRA hazardous wastes with reclamation agreements established pursuant to the requirements of title 40 of the Code of Federal Regulations, section 262.20(e) and 263.20(h), as of those sections read on July 1, 2001, shall comply with the applicable notification and certification requirements of subsection (a) of this section for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the reclamation agreement, for at least three years after termination or expiration of the agreement. The three-year retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
(11) If a generator determines that restricted asbestos-containing waste is being managed and that the waste can be land disposed without further treatment, with each shipment of waste, the generator shall submit to the receiving facility, a notice and a certification stating that the waste meets the applicable treatment standards set forth in section 66268.114, only if the receiving facility is a land disposal facility operating within California. Such generators shall retain a copy of the notification and certification at their principal place of business in California for at least three years. The three year period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department. Generators who have been assigned by the Department the EPA identification number for residentials for asbestos-containing waste or a 90- day one time provisional EPA identification number for asbestos-containing waste are exempted from subsections (A) and (B) below.
(A) The notice shall include the following information:
1. The California Waste Code for asbestos-containing waste;
2. The corresponding treatment standard;
3. The manifest number associated with the shipment of waste;
(B) The certification shall be signed by an authorized representative and shall state the following:
 "I warrant that I am an authorized representative of the generator. I certify under penalty of law that the waste complies with the treatment standards specified in CCR, Title 22, Division 4.5, Chapter 18, section 66268.114. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment."
And including the following information:
1. Generator's Name;
2. Generator's Address;
3. Authorized Representative Printed Name;
4. Authorized Representative Signature and;
5. Date.
(b) Treatment facilities shall test their wastes according to the frequency specified in their waste analysis plans as required by section 66264.13 (for permitted TSDs) or section 66265.13 (for interim status facilities). Such testing shall be performed as provided in subsections (b)(1), (b)(2) and (b)(3) of this section.
(1) For wastes or contaminated soil with treatment standards expressed in the waste extract (TCLP), the owner or operator of the treatment facility shall test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846 as incorporated by reference in section 66260.11 of this division) or the test method specified in section 66268.106 to assure that the treatment residues extract meet the applicable treatment standards.
(2) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility shall test the treatment residues (not an extract of such residues) to assure that they meet the applicable treatment standards.
(3) A one-time notice shall be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice shall be placed in the treatment facility's file.
(A) No further notification is necessary until such time that the waste or receiving facility change, in which case a new notice shall be sent and a copy placed in the treatment facility's file.
(B) The one-time notice shall include these requirements:
Treatment Facility Paperwork Requirements Table
 

Required Information        s 66268.7(b)
1. EPA Hazardous Waste Numbers and Manifest
Number of first shipment.        /
2. The waste is subject to the LDRs. The constituents of concern
 for F001-F005, and F039, and underlying hazardous constituents
 in RCRA characteristic wastes, unless the waste will be treated
and monitored for all constituents. If all constituents will be
treated and monitored, there is no need to put them all on the
LDR notice.        /
3. The notice shall include the applicable wastewater/
nonwastewater category (see section 66268.10) and
subdivisions made within a waste code based on waste-specific
criteria (such as D003reactive cyanide)        /
4. Waste analysis data (when available)        /
5. For contaminated soil subject to LDRs as provided in section
66268.49(a), the constituents subject to treatment as
described in section 66268.49(d), and the following statement,
 "this contaminated soil [does/does not] contain listed hazardous
waste and [does/does not] exhibit characteristic of hazardous
waste and [is subject to/complies with] the soil treatment
standards as provided by section 66268.49(c).        /
6. A certification is needed (see applicable section for
exact wording)        /
 
(4) The treatment facility shall submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification shall state:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with treatment standards specified in CCR, Title 22, division 4.5, section 66268.40 without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
A certification is also necessary for contaminated soil and it shall state:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in CCR, Title 22, division 4.5, section 66268.49 without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(A) A copy of the certification shall be placed in the treatment facility's on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification shall be sent to the receiving facility, and a copy placed in the file.
(B) Debris excluded from the definition of hazardous waste under section 66261.3(e) of this division (i.e., debris treated by an extraction or destruction technology provided by Table 1, section 66268.45, and debris that the Department has determined does not contain hazardous waste), however, is subject to the notification and certification requirements of subsection (d) of this section rather than the certification requirements of this subsection.
(C) For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in section 66268.40(d), the certification, signed by an authorized representative, shall state the following:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in section 66268.42, Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(D) For RCRA characteristic wastes that are subject to the treatment standards in section 66268.40 (other than those expressed as a method of treatment), or section 66268.49 and, that contain underlying hazardous constituents as defined in section 66260.10; if these wastes are treated on-site to remove the hazardous characteristic; and are then sent off-site for treatment of underlying hazardous constituents, the certification shall state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of CCR, Title 22, division 4.5, section 66268.40 or 66268.49 to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(E) For RCRA characteristic wastes that contain underlying hazardous constituents as defined in section 66260.10 that are treated on-site to remove the hazardous characteristic to treat underlying hazardous constituents to levels in section 66268.48 Universal Treatment Standards, the certification shall state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of CCR, Title 22, division 4.5, section 66268.40 to remove the hazardous characteristic and that underlying hazardous constituents, as defined in section 66260.10 have been treated on-site to meet the section 66268.48 Universal Treatment Standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(5) If the waste or treatment residue will be further managed at a different treatment, storage, or disposal facility, the treatment, storage, or disposal facility sending the waste or treatment residue off-site shall comply with the notice and certification requirements applicable to generators under this section.
(6) For wastes that are prohibited under section 66268.32 of this chapter but not subject to any treatment standards under article 4 or article 11 of this chapter, the owner or operator of the treatment facility shall test the treatment residues according to the generator testing requirements specified in section 66268.32 to assure that the treatment residues comply with the applicable prohibitions.
(7) For restricted waste under section 66268.29 subject to applicable treatment standards set forth in article 11 of this chapter or wastes that are prohibited under section 66268.32 in which the treatment facility determines that the waste can be land disposed without further treatment, with each shipment of waste the treatment facility shall submit to the receiving facility a notice and certification, only if the receiving facility is a land disposal facility operating within California. The notice shall include the following information:
(A) Non-RCRA hazardous waste category listed in section 66268.29, if applicable;
(B) the manifest number associated with the shipment of waste;
(C) waste analysis data, where available.
The certification shall be signed by an authorized representative and shall state the following:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with treatment standards specified in CCR, Title 22, division 4.5, chapter 18, article 11 [or all applicable prohibitions in section 66268.32] without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(c) The owner or operator of any land disposal facility disposing any waste subject to restrictions under this chapter shall:
(1) have copies of the notice and certifications specified in subsection (a) or (b) of this section;
(2) Test the waste, or an extract of the waste or treatment residue developed using test method 1311 (the Toxicity Characteristic Leaching Procedure), described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846 as incorporated by reference in section 66260.11 of this division) or section 66268.106 of this chapter or using any methods required under section 66268.32 of this chapter, to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in article 4 and article 11 of this chapter or the prohibition levels in section 66268.32. Such testing shall be performed according to the frequency specified in the facility's waste analysis plan as required by section 66264.13 or section 66265.13 of this division.
(d) Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under section 66261.3(e) (i.e. debris treated by an extraction or destruction technology provided by Table 1, Section 66268.45, and debris that the Department has determined does not contain hazardous waste are subject to the following notification and certification requirements:
(1) A one-time notification, including the following information, shall be submitted to the Department:
(A) The name and address of the RCRA Subtitle D facility receiving the treated debris;
(B) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s); and
(C) For debris excluded under 66261.3(e)(1), the technology from Table 1, Section 66268.45, used to treat the debris.
(2) The notification shall be updated if the debris is shipped to a different facility, and, for debris excluded under section 66261.3(e)(1), if a different type of debris is treated or a different type of technology is used to treat the debris.
(3) For debris excluded under section 66261.3(e)(1), the owner or operator of the treatment facility shall document and certify compliance with the treatment standards of Table 1, section 66268.45, as follows:
(A) Records shall be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;
(B) Records shall be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and
(C) For each shipment of treated debris, a certification of compliance with the treatment standards shall be signed by an authorized representative and placed in the facility's files. The certification shall state the following: "I certify under penalty of law that the debris has been treated in accordance with the requirements of CCR Title 22, division 4.5, chapter 18, section 66268.45. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."
(e) Generators and treaters who first receive from the Department a determination that a given contaminated soil subject to LDRs as provided in section 66268.49(a) no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in section 66268.49(a) no longer exhibits a characteristic of hazardous waste shall:
(1) Prepare a one-time only documentation of these determinations including all supporting information; and
(2) Maintain that information in the facility files and other records for a minimum of three years.
(f) Notwithstanding other provisions in this Division, in the event USEPA changes the notification or certification requirements specified in 40 CFR section 268.7 applicable to a particular waste, the new federal notification and certification component(s) may be used to fulfill the notification and certification required by this section for the same waste until the Department adopts the new requirement(s).
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25160.2 and 25179.7, Health and Safety Code; and 40 CFR Sections 262.20(e), 263.20(h) and 268.7. 
  
 
 



s 66268.9. Special Rules Regarding Wastes That Exhibit a RCRA Characteristic.
 (a) The initial generator of a waste shall determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under article 4 of this chapter. For purposes of chapter 18, the RCRA hazardous waste will carry the waste code for any applicable listed waste (chapter 11, article 4). In addition, where the RCRA hazardous waste exhibits a characteristic, the RCRA hazardous waste will carry one or more of the characteristic waste codes (chapter 11, article 3), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in subsection (b) of this section. If the generator determines that their RCRA hazardous waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of section 66268.42, Table 1), the generator shall determine the underlying hazardous constituents (as defined in section 66260.10) in the RCRA hazardous characteristic waste.
(b) Where a prohibited waste is both listed under article 4, chapter 11 and exhibits a RCRA characteristic under article 3 of chapter 11, the treatment standard for the waste code listed in article 4 of chapter 11 will operate in lieu of the standard for the waste code under article 3 of chapter 11, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the RCRA waste shall meet the treatment standards for all applicable listed and RCRA characteristic waste codes.
(c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a RCRA characteristic under article 3 of chapter 11 may be land disposed unless the waste complies with the treatment standards under article 4 of chapter 18.
(d) The RCRA characteristic wastes as defined in section 66260.10 of this division, are also subject to section 66268.7 requirements, except that once the waste no longer exhibits the RCRA characteristic(s), a one-time notification and certification shall be placed in the generator's or treater's files and sent to the Department. The notification and certification that is placed in the generator's or treater's files shall be updated if the process or operation generating the waste changes and/or if the facility 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 shall be sent to the Department by the end of the calendar year, but no later than December 31.
(1) The notification shall include the following information:
(A) name and address of the facility receiving the waste shipment; and
(B) a description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as defined in section 66260.10), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.
(2) The certification shall be signed by an authorized representative and shall state the language found in section 66268.7(b)(4).
(A) If treatment removes the RCRA characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in section 66268.7(b)(4)(D) applies.
(B) [reserved]
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, and 58012, Health and Safety Code; 40 CFR Section 268.9. 
  
 



s 66268.10. Identification of Wastes to Be Evaluated by August 8, 1988.
 (a) USEPA will take action under section 3004(g)(5) and 3004(m) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(5) and 6924(m)), by August 8, 1988 for the wastes listed in this subsection (for ease of understanding, the wastes have been listed by the subsection of section 66261 under which they were listed). If USEPA fails to take action for any of these wastes by August 8, 1988, the provisions of section 3004(g)(6)(A) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(A)) will apply to those wastes for which USEPA has failed to take action. If USEPA fails to take action for any of these wastes by May 8, 1990, the provisions of section 3004(g)(6)(C) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(C)) will apply to those wastes for which USEPA has failed to take action.
(b) The following wastes are subject to the requirements of subsection (a) of this section:
(1) section 66261.31 wastes:
F006 -wastewater treatment sludges from electroplating operations except from the following processes: (A) sulfuric acid anodizing of aluminum; (B) tin plating on carbon steel; (C) zinc plating (segregated basis) on carbon steel; (D) aluminum or zinc-aluminum plating on carbon steel; (E) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (F) chemical etching and milling of aluminum;
F007 -spent cyanide plating bath solutions from electroplating operations;
F008 -plating bath sludges from the bottom of plating baths from electroplating operations where cyanides are used in the process;
F009 -spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process;
F019 -wastewater treatment sludges from the chemical conversion coating of aluminum;
(2) section 66261.32 Wastes:
K001 -bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol;
K004 -wastewater treatment sludge from the production of zinc yellow pigments;
K008 -over residue from the production of chrome oxide green pigments;
K011 -bottom stream from the wastewater stripper in the production of acrylonitrile;
K013 -bottom stream from the acetonitrile column in the production of acrylonitrile;
K014 -bottoms from the acetonitrile purification column in the production of acrylonitrile;
K015 -still bottoms from the distillation of benzyl chloride;
K016 -heavy ends or distillation residues from the production of carbon tetrachloride;
K017 -heavy ends (still bottoms) from the purification column in the production of epichlorohydrin;
K018 -heavy ends from the fractionation column in ethyl chloride production;
K020 -heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production;
K021 -aqueous spent antimony catalyst waste from fluoromethanes production;
K022 -distillation bottom tars from the production of phenol/acetone from cumane;
K024 -distillation bottoms from the production of phthalic anhydride from naphthalene;
K030 -column bottom or heavy ends from the combined production of trichloroethylene and perchloroethylene;
K031 -by-products salts generated in the production of MSMA and cacodylic acid;
K035 -wastewater treatment sludges generated in the production of creosote;
K036 -still bottoms from toluene reclamation distillation in the production of disulfoton;
K037 -wastewater treatment sludge from the production of
disulfoton;
K044 -wastewater treatment sludges from the manufacturing and processing of explosives;
K045 -spent carbon from the treatment of wastewater containing explosives;
K046 -wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds;
K047 -pink/red water from TNT operations;
K060 -ammonia still lime sludge from coking operations;
K061 -emission control dust/sludge from the primary production of steel in electric furnaces;
K062 -spent pickle liquor from steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332);
K069 -emission control dust/sludge from secondary lead smelting;
K071 -brine purification muds from the mercury cells process in chlorine production, where separately prepurified brine is not used;
K073 -chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes;
K083 -distillation bottoms from aniline production;
K084 -wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
K085 -distillation of fractionation column bottoms from the production of chlorobenzenes;
K086 -solvent washes and sludges; caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead;
K087 -decanter tank tar sludge from coking operations;
K099 -untreated wastewater from the production of 2,4-D;
K101 -distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
K102 -residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
K103 -process residues from aniline extraction from the production of aniline;
K104 -combined wastewater streams generated from nitrobenzene/aniline production;
K106 -wastewater treatment sludge from the mercury cell process in chlorine production;
(3) section 66261.33(e) wastes:
P001 -warfarin, when present at concentration greater than 0.3
P004 -Aldrin
P005 -Allyl alcohol
P010 -Arsenic acid
P011 -Arsenic (V) oxide
P012 -Arsenic (III) oxide
P015 -Beryllium dust
P016 -Bis-(chloromethyl) ether
P018 -Brucine
P020 -Dinoseb
P030 -Soluble cyanide salts not elsewhere specified
P036 -Dichlorophenylarsine
P037 -Dieldrin
P039 -Disulfoton
P041 -Diethyl-p-nitrophenyl phosphate
P048 -2,4-Dinitrophenol
P050 -Endosulfan
P058 -Fluoracetic acid, sodium salt
P059 -Heptachlor
P063 -Hydrogen cyanide
P068 -Methyl hydrazine
P069 -2-Methyllactonitrile
P070 -Aldicarb
P071 -Methyl parathion
P081 -Nitroglycerine
P082 -N-Nitrosodimethylamine
P084 -N-Nitrosomethylvinylamine
P087 -Osmium tetraoxide
P089 -Parathion
P092 -Phenylmercuric acetate
P094 -Phorate
P097 -Famphur
P102 -Propargyl alcohol
P105 -Sodium azide
P108 -Strychnine and salts
P110 -Tetraethyl lead
P115 -Thallium (I) sulfate
P120 -Vanadium pentoxide
P122 -Zinc phosphide, when present at concentrations greater than 10
P123 -Toxaphene
(4) section 66261.33(f) wastes:
U007 -Acrylamide
U009 -Acrylonitrile
U010 -Mitomycin C
U012 -Aniline
U016 -Benz(c)acridine
U018 -Benz(a)anthracene
U019 -Benzene
U022 -Benzo(a)pyrene
U029 -Methyl bromide
U031 -n-Butanol
U036 -Chlordane, technical
U037 -Chlorobenzene
U041 -n-Chloro-2,3-epoxypropane
U043 -Vinyl chloride
U044 -Chloroform
U046 -Chloromethyl methyl ether
U050 -Chrysene
U051 -Creosote
U053 -Crotonaldehyde
U061 -DDTU063 -Dibenzo(a, h)anthracene
U064 -1,2:7,8 Dibenzopyrene
U066 -Dibromo-3-chloropropane 1,2-
U067 -Ethylene dibromide
U074 -1,4-Dichloro-2-butene
U077 -Ethane, 1,2-dichloro-
U078 -Dichloroethylene, 1,1-
U086 -N,N Diethylhydrazine
U089 -Diethylstilbestrol
U103 -Dimethyl sulfate
U105 -2,4-Dinitrotoluene
U108 -Dioxane, 1,4-
U115 -Ethylene oxide
U122 -Formaldehyde
U124 -Furan
U129 -Lindane
U130 -Hexachlorocyclopentadiene
U133 -Hydrazine
U134 -Hydrofluoric acid
U137 -Indeno(1,2,3-cd)pyrene
U151 -Mercury
U154 -Methanol
U155 -Methapyrilene
U157 -3-Methylcholanthrene
U158 -4,4-Methylene-bis-(2-chloroaniline)
U159 -Methyl ethyl ketone
U171 -Nitropropane, 2-
U177 -N-Nitroso-N-methylurea
U180 -N-Nitrosopyrrolidine
U185 -Pentachloronitrobenzene
U188 -Phenol
U192 -Pronamide
U200 -Reserpine
U209 -Tetrachloroethane, 1,1,2,2-
U210 -Tetrachloroethylene
U211 -Carbon tetrachloride
U219 -Thiourea
U220 -Toluene
U221 -Toluenediamine
U223 -Toluene diisocyanate
U226 -Methylchloroform
U227 -Trichloroethane, 1,1,2-
U228 -Trichloroethylene
U237 -Uracil mustard
U238 -Ethyl carbamate
U248 -Warfarin, when present at concentrations of 0.3% or less
U249 -Zinc phosphide, when present at concentrations of 10% or less
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.10. 
  
 



s 66268.11. Identification of Wastes to Be Evaluated by June 8, 1989.
 (a) USEPA will take action under section 3004(g)(5) and 3004(m) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(5) and 6924(m)), by June 8, 1989 for the wastes listed in this subsection (for ease of understanding, the wastes have been listed by the subsection of section 66261 under which they were listed). If USEPA fails to take action for any of these wastes by June 8, 1989, the provisions of section 3004(g)(6)(B) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(B)) will apply to those wastes for which USEPA has failed to take action. If USEPA fails to take action for any of these wastes by May 8, 1990, the provisions of section 3004(g)(6)(C) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(C)) will apply to those wastes for which USEPA has failed to take action.
(b) The following wastes are subject to the requirements of subsection (a) of this section.
(1) section 66261.31 wastes:
F010 -Quenching bath sludge from oil baths from metal heat treating operations where cyanides are used in the process;
F011 -Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations;
F012 -Quenching wastewater treatment sludges from metal heat operations where cyanides are used in the process;
F024 -Wastes including but not limited to, distillation residues, heavy ends, tars and reactor clean-out wastes from the production of chlorinated aliphatic hydrocarbons, having carbon content from one to five, utilizing free radical catalyzed processes; [This listing does not include light ends, spent filters and filter aids, spent desiccants, wastewater, wastewater treatment sludges, spent catalysts, and wastes listed in section 66261.32];
(2) section 66261.32 wastes:
K009 -Distillation bottoms from the production of acetaldehyde from ethylene;
K010 -Distillation side cuts from the productions of acetaldehyde from ethylene;
K019 -Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production;
K025 -Distillation bottoms from the production of nitrobenzene by the nitration of benzene;
K027 -Centrifuge and distillation residues from toluene diisocyanate production;
K028 -Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane;
K029 -Waste from the product steam stripper in the production of 1,1,1- trichloroethane;
K038 -Wastewater from the washing and stripping of phorate production;
K039 -Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate;
K040 -Wastewater treatment sludge from the production of phorate;
K041 -Wastewater treatment sludge from the production of toxaphene;
K042 -Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T;
K043 -2,6-Dichlorophenol waste from the production of 2,4-D;
K095 -Distillation bottoms from the production of 1,1,1-trichloroethane;
K096 -Heavy ends from the heavy ends column from the production of 1,1,1- trichloroethane;
K097 -Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane;
K098 -Untreated process wastewater from the production of toxaphene;
K105 -Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes;
(3) section 66261.33(e) wastes:
P002 -1-Acetyl-2-thiourea
P003 -Acrolein
P007 -5-(Aminoethyl)-3-isoxazolol
P008 -4-Aminopyridine
P014 -Thiophenol
P026 -1-(o-Chlorophenyl)thiourea
P027 -Propanenitrile, 3-chloro
P029 -Copper cyanides
P040 -0,0-Diethyl o-pyrazinyl phosphorothioate
P043 -Diisopropyl fluorophosphate
P044 -Dimethoate
P049 -2,4-Dithiobiuret
P054 -Aziridine
P057 -Fluoracetamide
P060 -Isodrin
P062 -Hexaethyltetraphosphate
P066 -Methomyl
P067 -2-Methylaziridine
P072 -Alpha-naphthylthiourea (ANTU)
P074 -Nickel cyanide
P085 -Octamethylpyrophosphoramide
P098 -Potassium cyanide
P104 -Silver cyanide
P106 -Sodium cyanide
P107 -Strontium sulfide
P111 -Tetraethylpyrophosphate
P112 -Tetranitromethane
P113 -Thallic oxide
P114 -Thallium (I) selenite
(4) section 66261.33(f) wastes:
U002 -Acetone
U003 -Acetonitrile
U005 -o-Acetylaminofluorene
U008 -Acrylic acid
U011 -Amitrole
U014 -Auramine
U015 -Azaserine
U020 -Benzenesulfonyl chloride
U021 -Benzidine
U023 -Benzotrichloride
U025 -Dichloroethyl ether
U026 -Chlornaphazine
U028 -Bis-(2-ethylhexyl)phthalate
U032 -Calcium chromate
U035 -Chlorambucil
U047 -Beta-chloronaphthalene
U049 -4-Chloro-o-toluidine, hydrochloride
U057 -Cyclohexanone
U058 -Cyclophosphamide
U059 -Daunomycin
U060 -DDD
U062 -Diallate
U070 -o-Dichlorobenzene
U073 -Dichlorobenzidene, 3,3'
U080 -Methylene chloride
U083 -Dichloropropane, 1,2-
U092 -Dimethylamine
U093 -Dimethylaminoazobenzene
U094 -Dimethylbenz(a)anthracene,7,12-
U095 -Dimethylbenzidine,3,3'
U097 -Dimethylcarbamoyl chloride
U098 -Dimethylhydrazine, 1,1-
U099 -Dimethylhydrazine, 1,2-
U101 -Dimethylphenol, 2,4-
U106 -Dinitrotoluene, 2,6-
U107 -Di-n-octyl phthalate
U109 -1,2,-Diphenylhydrazine
U110 -Dipropylamine
U111 -Di-N-Propylnitrosamine
U114 -Ethylenebis-(dithiocarbamic acid)
U116 -Ethylene thiourea
U119 -Ethyl methanesulfonate
U127 -Hexachlorobenzene
U128 -Hexachlorobutadiene
U131 -Hexachloroethane
U135 -Hydrogen sulfide
U138 -Methyl iodide
U140 -Isobutyl alcohol
U142 -Kepone
U143 -Lasiocarpine
U144 -Lead acetate
U146 -Lead subacetate
U147 -Maleic anhydride
U149 -Malononitrile
U150 -Melphalan
U161 -Methyl isobutyl ketone
U162 -Methyl methacrylate
U163 -N-Methyl-N-nitro-N-nitrosoguanidine
U164 -Methylthiouracil
U165 -Naphthalene
U168 -Napthylamine, 2-
U169 -Nitrobenzene
U170 -p-Nitrophenol
U172 -N-Nitroso-di-n-butylamine
U173 -N-Nitroso-diethanolamine
U174 -N-Nitroso-diethylamine
U176 -N-Nitroso-N-ethylurea
U178 -N-Nitroso-N-methylurethane
U179 -N-Nitrosopiperidine
U189 -Phosphorus sulfide
U193 -1,3-Propane sultone
U196 -Pyridine
U203 -Safrole
U205 -Selenium disulfide
U206 -Streptozotocin
U208 -Terachloroethane, 1,1,1,2-
U213 -Tetrahydrofuran
U214 -Thallium (I) acetate
U215 -Thallium (I) carbonate
U216 -Thallium (I) chloride
U217 -Thallium (I) nitrate
U218 -Thioacetamide
U235 -Tris (2,3-Dibromopropyl) phosphate
U239 -Xylene
U244 -Thiram
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.11. 
  
 



s 66268.12. Identification of Wastes to Be Evaluated by May 8, 1990.
U.S. EPA will take action under section 3004(g)(5) and 3004(m) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(5) and 6924(m)), by May 8, 1990 for the wastes listed in this subsection (for ease of understanding, the wastes have been listed by the subsection of section 66261 under which they were listed). If USEPA fails to take action for any of these wastes by May 8, 1990, the provisions of section 3004(g)(6)(C) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(C)) will apply to those wastes for which USEPA has failed to take action.
(a) Wastes listed below by the section of chapter 11 of this division under which they were listed.
(1) section 66261.32 wastes:
K002 -Wastewater treatment sludge from the production of chrome yellow and orange pigments;
K003 -Wastewater treatment sludge from the production of molybdate orange pigments;
K005 -Wastewater treatment sludge from the production of chrome green pigments;
K006 -Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated);
K007 -Wastewater treatment sludge from the production of iron blue pigments;
K023 -Distillation light ends from the production of phthalic anhydride from naphthalene;
K026 -Stripping still tails from the production of methyl ethyl pyridines;
K032 -Wastewater treatment sludge from the production of chlordane;
K033 -Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane;
K034 -Filter solids from the hexachlorocyclopentadiene in the production of chlordane;
K048 -dissolved air  flotation (DAF) float from the petroleum refining industry;
K049 -slop oil emulsion solids from the petroleum refining industry;
K050 -heat exchange bundle cleaning sludge from the petroleum refining industry;
K051 -API separator sludge from the petroleum refining industry;
K052 -tank bottoms (leaded) from the petroleum refining industry;
K093 -Distillation light ends from the production of phthalic anhydride from ortho-xylene;
K094 -Distillation bottoms from the production of phthalic anhydride from ortho-xylene;
K100 -Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting;
(2) section 66261.33(e) wastes:
P006 -Aluminum phosphide
P009 -Ammonium picrate
P013 -Barium cyanide
P017 -Bromoacetone
P021 -Calcium cyanide
P022 -Carbon disulfide
P023 -Chloroacetaldehyde
P024 -p-Chloroaniline
P028 -Benzyl chloride
P031 -Cyanogen
P033 -Cyanogen chloride
P034 -4,6-Dinitro-o-cyclohexylphenol
P038 -Diethylarsine
P042 -Epinephrine
P045 -Thiofanox
P046 -Alpha, alpha-Dimethylphenethylamine
P047 -4,6-Dinitro-o-cresol and salts
P051 -Endrin
P056 -Fluorine
P064 -Methyl isocyanate
P065 -Mercury fulminate
P073 -Nickel carbonyl
P075 -Nicotine and salts
P076 -Nitric oxide
P077 -p-Nitroaniline
P078 -Nitrogen dioxide
P088 -Endothall
P093 -N-Phenylthiourea
P095 -Phosgene
P096 -Phosphine
P099 -Potassium silver cyanide
P101 -Propanenitrile
P103 -Selenourea
P109 -Tetraethyldithiopyrophosphate
P116 -Thiosemicarbazide
P118 -Trichloromethanethiol
P119 -Ammonium vanadate
P121 -Zinc cyanide
(3) section 66261.33(f) wastes:
U001 -Acetaldehyde
U004 -Acetophenone
U006 -Acetyl chloride
U017 -Benzal chloride
U024 -Bis(2-chloroethoxy)methane
U027 -Bis(2-chloroisopropyl)ether
U030 -Benzene, 1-bromo-4-phenoxy
U033 -Carbonyl fluoride
U034 -Chloral
U038 -Ethyl-4-4 ' dichlorobenzilate
U039 -4-Chloro-m-cresol
U042 -Vinyl ether, 2-chloroethyl
U045 -Methyl chloride
U048 -o-Chlorophenol
U052 -Cresols
U055 -Cumene
U056 -Cyclohexane
U068 -Methane, dibromo
U069 -Dibutyl phthalate
U071 -m-Dichlorobenzene
U072 -p-Dichlorobenzene
U075 -Dichlorodifluoromethane
U076 -Ethane, 1,1-dichloro-
U079 -1,2-Dichlorethylene
U081 -2,4-Dichlorophenol
U082 -2,6-Dichlorophenol
U084 -1,3-Dichloropropene
U085 -2,2 ' Bioxirane
U087 -0,0,-Diethyl-S-methyl-dithiophosphate
U088 -Diethyl phthalate
U090 -Dihydrosafrole
U091 -3,3 ' Dimethoxybenzidine
U096 -alpha,alpha-Dimethylbenzylhydroxyperoxide
U102 -Dimethyl phthalate
U112 -Ethyl acetate
U113 -Ethyl acrylate
U117 -Ethyl ether
U118 -Ethylmethacrylate
U120 -Fluoranthene
U121 -Trichloromonofluoromethane
U123 -Formic acid
U125 -Furfural
U126 -Glycidylaldehyde
U132 -Hexachlorophene
U136 -Cacodylic acid
U139 -Iron dextran
U141 -Isosafrole
U145 -Lead phosphate
U148 -Maleic hydrazide
U152 -Methacrylonitrile
U153 -Methanethiol
U156 -Methyl chlorocarbonate
U160 -Methyl ethyl ketone peroxide
U166 -1,4-Naphthaquinone
U167 -1-Naphthylamine
U181 -5-Nitro-o-toluidine
U182 -Paraldehyde
U183 -Pentachlorobenzene
U184 -Pentachloroethane
U186 -1,3-Pentadiene
U187 -Phenacetin
U190 -Phthalic anhydride
U191 -2-Picoline
U194 -1-Propanamine
U197 -p-Benzoquinone
U201 -Resorcinol
U202 -Saccharin and salts
U204 -Selenious acid
U207 -1,2,4,5-tetrachlorobenzene
U222 -o-Toluidine hydrochloride
U225 -Bromoform
U234 -Sym-Trinitrobenzene
U236 -Trypan blue
U240 -2,4-D, salts and esters
U243 -Hexachloropropene
U246 -Cyanogen bromide
U247 -Methoxychlor
(4) Wastes identified as hazardous based on a characteristic alone (i.e., corrosivity, reactivity, ignitability and EP toxicity).
(b) Wastewater residues (less than 1 percent total organic carbon and less than 1 percent suspended solids) resulting from the following well-designed and well-operated treatment methods for wastes listed in section 66268.10 and section 66268.11 for which USEPA has not promulgated wastewater treatment standards: metals recovery, metals precipitation, cyanide destruction, carbon adsorption, chemical oxidation, steam stripping, biodegradation, and incineration or other direct thermal destruction.
(c) Hazardous wastes listed in sections 66268.10 and 66268.11 which are mixed hazardous/radioactive wastes.
(d) Multi-source leachate that is derived from disposal of any listed waste, except from Hazardous Wastes F020, F021, F022, F023, F026, F027, or F028.
(e) Nonwastewater forms of wastes listed in section 66268.10 that were originally disposed before August 17, 1988 and for which U.S. EPA has promulgated "no land disposal" as the treatment standard (section 66268.43, Table CCW, No Land Disposal Subtable). This provision does not apply to waste codes K044, K045, K047, and K061 (high zinc subcategory).
(f) Nonwastewater forms of wastes listed in section 66268.10 for which U.S. EPA has promulgated "no land disposal" as the treatment standard (section 66268.43, Table CCW, No Land Disposal Subtable) that are generated in the course of treating wastewater forms of the wastes. This provision does not apply to waste codes K044, K045, K047 and K061 (high zinc subcategory).
(g) Nonwastewater forms of waste codes K015 and K083.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.12. 
  
 



s 66268.13. Schedule for Wastes Identified or Listed After November 8, 1984.
In the case of any hazardous waste identified or listed under section 3001 of the Resource Conservation and Recovery Act (42 U.S.C. section 6921) after November 8, 1984, the U.S. EPA Administrator shall make a land disposal prohibition determination within 6 months after the date of identification or listing.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.13. 
  
 



s 66268.29. List of Restricted Non-RCRA Hazardous Wastes.
The following non-RCRA hazardous wastes are subject to land disposal restrictions specified in this article.
(a) metal-containing aqueous waste that contains any metals or metal compounds identified in section 66261.24(a)(2)(A). For the purpose of this article, an aqueous waste is defined as a waste containing water, and less than or equal to one weight percent of suspended solids;
(b) auto shredder waste. For the purpose of this article, auto shredder waste is defined as the hazardous waste generated from the shredding of metallic materials including, but not limited to automobiles and appliances;
(c) hazardous waste foundry sand. For the purpose of this article, hazardous waste foundry sand is defined as waste sand or waste sand residue, generated by foundries using a sand molding process, that is considered hazardous according to the provisions of Chapter 11;
(d) fly ash, bottom ash, retort ash or baghouse waste from sources other than foundries that contains any of the metals or metal compounds identified in section 66261.24(a)(2). For the purposes of this article: "fly ash" means ash that is entrained in exhaust gases leaving the combustion equipment and which is captured in air pollution control equipment; "bottom ash" means ash remaining in the combustion equipment after incineration and includes boiler slag and oversized aggregated material; "retort ash" means ash from retorting such as from oil shale, zinc ore or coal carbonization; "baghouse waste from sources other than foundries" means dust that is collected in the baghouse or other dry air pollution control devices of facilities that are not foundries;
(e) baghouse waste from foundries that contains any of the metals or metal compounds identified in section 66261.24(a)(2). For the purposes of this article: "Baghouse waste from foundries" means dust that is collected in the baghouse or other dry air pollution control devices at ferrous and nonferrous foundries;
(f) Asbestos-Containing Waste. For the purpose of this article, asbestos-containing waste is defined as hazardous waste which exhibits the hazardous characteristics for asbestos as established in chapter 11.
 
  Note: Authority cited: Sections 25150, 25159, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 



s 66268.30. Waste Specific Prohibitions -Wood Preserving Wastes.
 (a) Effective August 11, 1997, the following wastes are prohibited from land disposal: the wastes specified in CCR, Title 22, chapter 11 as EPA Hazardous Waste numbers F032, F034, and F035.
(b) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, and F035.
(c) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) of this chapter.
(d) The requirements of subsections (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44; or
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to those wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable Universal Treatment Standard levels of section 66268.48 of this chapter, the waste is prohibited from land disposal, and all requirements of chapter 18 are applicable, except as otherwise specified.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.30. 
  
 



s 66268.31. Waste Specific Prohibitions -Dioxin- Containing Wastes.
 (a) Effective November 8, 1988, the dioxin-containing wastes specified in section 66261.31 of chapter 11 as EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, F027 and F028, are prohibited from land disposal unless the following condition applies: the F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and debris resulting from a response action taken under section 104 or 106 of CERCLA or a corrective action taken under Subtitle C of RCRA.
(b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in subsection (a) of this section are prohibited from land disposal.
(c) Between November 8, 1988 and November 8, 1990, wastes included in subsection (a) of this section may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) and all other applicable requirements of chapters 14 and 15 of this division.
(d) The requirements of subsections (a) and (b) of this section do not apply if:
(1) the wastes meet the standards of article 4 of this chapter; or
(2) persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(3) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to those wastes covered by the extension.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.31. 
  
 



s 66268.31.5. Waste Specific Prohibitions - Soils Exhibiting the Toxicity Characteristic for Metals and Containing PCBs.
 (a) Effective December 26, 2000, the following wastes are prohibited from land disposal: any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (D004-D011) and containing PCBs.
(b) The requirements of paragraph (a) of this section do not apply if:
(1)(A) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and
(B) The wastes meet the treatment standards specified in article 4 of this chapter for EPA hazardous waste numbers D004-D011, as applicable; or
(2)(A) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and
(B) The wastes meet the alternative treatment standards specified in section 66268.49 for contaminated soil; or
(3) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(4) The wastes meet applicable alternative treatment standards established pursuant to a petition granted under section 66268.44.
 
  Note: Authority cited: Sections 25150, 25159, 25179.6 and 58102, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; and 40 CFR Section 268.32. 
  
 



s 66268.32. Waste Specific Prohibitions -California List Wastes.
 (a) The following hazardous wastes are prohibited from land disposal effective on the specified date:
(1) effective January 1, 1984, liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm;
(2) effective June 1, 1983, liquid hazardous wastes, including free liquids associated with any solid or sludge, containing free cyanides at concentrations greater than or equal to 1000 mg/l.
(b)-(d) [Reserved]
(e) The following hazardous wastes are prohibited from land disposal effective on the specified date:
(1) effective January 1, 1985, liquid hazardous wastes that contain HOCs listed in Appendix III and Appendix III-A of this chapter, in total concentration greater than or equal to 1,000 mg/l; and
(2)  [Reserved]
(f) The requirements of paragraphs (a), (d) and (e) of this section do not apply if:
(1) persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(2) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5 with respect to those wastes covered by the extension; or
(3) the wastes meet the applicable standards specified in article 4 of this chapter, or, where treatment standards are not specified, the wastes are in compliance with the applicable prohibitions set forth in this section.
(g) The prohibitions and effective dates specified in subsections (a)(3), (d) and (e) of this section do not apply where the waste is subject to a chapter 18, article 3 prohibition and effective date for a specified HOC (such as a hazardous waste chlorinated solvent).
(h) To determine whether or not a waste is a liquid under paragraphs (a) and  (e) of this section, the following test shall be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," USEPA Publication No. SW-846, Third Edition. (Incorporated by reference, in section 66260.11(a) of this division.)
(i) Except as otherwise provided in this subsection, the waste analysis and recordkeeping requirements of section 66268.7 are applicable to wastes prohibited under this chapter.
(1) The initial generator of either a liquid hazardous waste containing polychlorinated biphenyls (PCBs) or a liquid or nonliquid hazardous waste containing halogenated organic compounds (HOCs), shall test the waste (not an extract or filtrate), or use knowledge of the waste, to determine whether the concentration levels in the waste equal or exceed the prohibition levels specified in this section. If the concentration of PCBs or HOCs in the waste is greater than or equal to the prohibition levels specified in this section, the waste is restricted from land disposal and all requirements of chapter 18 are applicable, except as otherwise specified in this section.
(2) The initial generator of liquid hazardous wastes containing free cyanides shall test the extract or filtrate to determine whether the concentration levels in the waste equal or exceed the prohibition levels specified in this section. If the concentration of free cyanides is greater than or equal to the prohibition levels specified in this section, the waste is restricted from land disposal and all requirements of chapter 18 are applicable, except as otherwise specified in this section.
(j) Effective July 8, 1992, nonliquid non-RCRA hazardous wastes containing halogenated organic compounds (HOCs) listed in Appendix III and Appendix III-A of this chapter in total concentration greater or equal to 1,000 mg/kg HOC are prohibited from land disposal. Non-RCRA hazardous waste is defined in section 66261.101 of chapter 11.
(1) The prohibitions and effective dates specified in subsections (k) & (l) of this section do not apply when a waste is restricted pursuant to section 66268.29 of Chapter 18.
(l) Lab packs containing restricted hazardous wastes identified under article 3 of this chapter, other than that hazardous waste identified in subsection (l) of this section, may be placed in a landfill, and:
(1) the restricted hazardous wastes in the lab pack are not subject to land disposal restrictions imposed by the USEPA Administrator pursuant to 40 CFR Part 268; or
(2) the restricted hazardous wastes in the lab pack are removed before disposal; or
(3) the restricted hazardous wastes in the lab pack have been treated in accordance with the applicable treatment standards specified in article 4 of this chapter.
(m) The following wastes, if they are non-RCRA hazardous wastes, are exempt from land disposal restrictions contained in this section:
(1) drilling fluids, produced waters and other fluids or materials which are brought to the surface in conjunction with the exploration, development or production of crude oil or natural gas, and which are reinjected;
(2) mining overburden as defined by the Surface Mining and Reclamation Act,  Public Resources Code, section 2732 deposited within the mining permit area pursuant to a Surface Mining and Reclamation Act permit;
(3) contaminated soil from cleanup of any hazardous waste site pursuant to approval by the Department, unless the Department determines that a recycling or treatment process is technically and economically feasible to render the contaminated soil no longer a listed restricted hazardous waste.
(n) Hazardous wastes or land disposal methods that are exempt from the land disposal restrictions of this section remain subject to all of the other provisions of this chapter.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code and Governor's Reorganization Plan Number 1 of 1991, Section 58012. Reference: Sections 25105, 25159, 25159.5 and 25179.6, Health and Safety Code; and 40 CFR Section 268.32. 
  
 



s 66268.33. Waste-Specific Prohibitions -Chlorinated Aliphatic  Wastes.
 (a) Effective May 8, 2001, the wastes specified in section 66261.32 as EPA Hazardous Wastes Numbers K174 and K175,  soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of subsection (a) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under section 66268.44;
(4) Hazardous debris that has met treatment standards in section 66268.40 or the alternative treatment standards in section 66268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable treatment standards specified in article 4 of this chapter, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.
(d) Disposal of K175 wastes that have complied with all applicable treatment standards specified in section 66268.40 must also be macroencapsulated in accordance with section 66268.45, Table 1, unless the waste is placed in:
(1) A RCRA Subtitle C monofill containing only K175 wastes that meet all applicable section 66268.40 treatment standards; or
(2) A dedicated RCRA Subtitle C landfill cell in which all other wastes being co-disposed are at pH<=6.0.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.33. 
  
 



s 66268.34. Waste Specific Prohibitions -Toxicity Characteristic Metal Wastes.
 (a) Effective August 24, 1998, the following wastes are prohibited from land disposal: the wastes specified in CCR, Title 22, division 4.5, chapter 11 as EPA Hazardous Waste numbers D004-D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specification at CCR, Title 22, division 4.5, chapter 11.
(b) Effective November 26, 1998, the following waste is prohibited from land disposal: slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the presence of one or more metals pursuant to section 66261.24(a)(1) of this division.
(c) Effective May 26, 2000, the following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA Hazardous wastes D004-D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris.
(d) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004- D011 wastes that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) of this chapter.
(e) The requirements of subsections (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44; or
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(f) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentration in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable Universal Treatment Standard levels of section 66268.48 of this chapter, the waste is prohibited from land disposal, and all requirements of chapter 18 are applicable, except as otherwise specified.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.34. 
  
 



s 66268.35. [Reserved].
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.35. 
  
 



s 66268.36. [Reserved%.]
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.36. 
  
 



s 66268.37. Waste Specific Prohibitions-Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated.
Effective August 9, 1993, the wastes specified in section 66261.21 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in section 66261.22 as D002, that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.37. 
  
 



s 66268.38. Waste Specific Prohibitions-Newly Identified Organic Toxicity Characteristic Wastes and Newly Listed Coke By-Product and Chlorotoluene Production Wastes.
 (a) Effective December 19, 1994, the wastes specified in section 66261.32 as EPA Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with EPA Hazardous Waste numbers F037, F038, K107 - K112, K117, K118, K123- K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012-D043, K141-K145, and K147-K151 are prohibited from land disposal. The following wastes that are specified in section 66261.24, Table 1 as EPA Hazardous Waste numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that are zero dischargers that do not engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.
(b) On September 19, 1996, radioactive wastes that are mixed with D018-D043 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K141-K145, and K147-K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994, and September 19, 1996, the wastes included in subsection (b) of this section may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) of this chapter.
(d) The requirements of subsections (a), (b), and (c) of this section do not apply if:
(1) the wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(3) the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44 of this chapter; or
(4) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable article 4 levels, the waste is prohibited from land disposal, and all requirements of chapter 18 of this division are applicable, except as otherwise specified.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.38. 
  
 



s 66268.39. Waste Specific Prohibitions -Spent Aluminum Potliners; Reactive; and Carbamate Wastes
 (a) On July 8, 1996, the wastes specified in section 66261.32 as EPA Hazardous Waste numbers K156-K159 and K161; and in section 66261.33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.
(b) On July 8, 1996, the waste identified in Section 66261.23 as D003 that are managed in systems other than those whose discharge is regulated under the federal Clean Water Act (CWA), or that inject in Class I deep wells regulated under the federal Safe Drinking Water Act (SDWA) or that are zero dischargers that engage in federal CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see section 66268.40)).
(c) On September 21, 1998, the wastes specified in section 66261.32 as EPA Hazardous Waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.
(d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998, the wastes included in subsections (a), (c), and (d) of this section may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in section 66268.5(h)(2).
(f) The requirements of subsections (a), (b), (c), and (d) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44;
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(g) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable article 4 levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 268.39. 
  
 



s 66268.39.5. Waste Specific Prohibitions -Newly Listed and Identified Wastes.
 (a) Effective August 24, 1998, all newly identified D004-D011 wastes and characteristic mineral processing wastes, except those identified in subsection (b) of this section, are prohibited from underground injection.
(b) Effective May 26, 2000, RCRA characteristic wastes from titanium dioxide mineral processing, and radioactive wastes mixed with newly identified D004- D011 or mixed with newly identified characteristic mineral processing wastes, are prohibited from underground injection.
(c) Effective August 11, 1997, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers F032, F034, and F035 are prohibited from underground injection.
(d) Effective May 12, 1999, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers F032, F034, and F035 that are mixed with radioactive wastes are prohibited from underground injection.
(e) On July 8, 1996, the wastes specified in section 66261.32 as EPA  Hazardous Waste Numbers K156-K161, P127, P128, P185, P188-P192, P194, P196-P199, P201- P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411 are prohibited from underground injection.
(f) On January 8, 1997, the wastes specified in section 66261.32 as EPA Hazardous Waste Number K088 is prohibited from underground injection.
(g) On April 8, 1998, the waste specified in section 66261.32 as EPA Hazardous Waste Numbers D018-D043, and Mixed TC/Radioactive wastes, are prohibited from underground injection.
(h) [Reserved]
(i) Effective February 8, 1999, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers K169, K170, K171, and K172 are prohibited from underground injection.
(j) Effective May 8, 2001, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers K174 and K175 are prohibited from underground injection.
(k) The requirements of subsections (a) through (j) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(3) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to those wastes covered by the extension.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 148.18. 
  
 



s 66268.40. Applicability of Treatment Standards.
Note: The treatment standards that heretofore appeared in tables in sections 66268.41, 66268.42, and 66268.43 of this chapter have been consolidated into the table "Treatment Standards for Hazardous Wastes" in this section.
(a) A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste or in the treatment residue shall be at or below the values found in the table for that waste ( "total waste standards"); or,
(2) The hazardous constituents in the extract of the waste or in the extract of the treatment residue shall be at or below the values found in the table ( "waste extract standards"); or,
(3) The waste shall be treated using the technology specified in the table  ( "technology standard"), which are described in detail in section 66268.42 Table 1 - Technology Codes and Description of Technology-Based Standards.
(b) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods." EPA Publication SW-846, as incorporated by reference in section 66260.11 (a)(19), shall be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310, the Extraction Procedure Toxicity Test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Department under the procedures set forth in section 66268.42(b).
(c) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern.
(d) Notwithstanding the prohibitions specified in subsection (a) of this section, treatment and disposal facilities may demonstrate (and certify pursuant to section 66268.7(b)(5)) compliance with the treatment standards for organic constituents specified by a footnote in the table "Treatment Standards for Hazardous Wastes" in this section, provided the following conditions are satisfied:
(1) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of article 15 of chapter 14 or based on combustion in fuel substitution units operating in accordance with applicable technical requirements;
(2) The treatment or disposal facility has used the methods referenced in subsection (d)(1) of this section to treat the organic constituents; and
(3) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude.
(e) For characteristic wastes (D001-D043) that are subject to treatment standards in the following table "Treatment Standards for Hazardous Wastes," and are not managed in a wastewater treatment system that is regulated under the federal Clean Water Act (CWA), that is federal CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well, all underlying hazardous constituents (as defined in section 66260.10) shall meet Universal Treatment Standards, found in section 66268.48, Table Universal Treatment Standards, prior to land disposal as defined in section 66260.10 of this division.
(f) The treatment standards for F001--F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Method for Evaluating Solid Waste,  Physical/Chemical Methods." EPA Publication SW-846, as incorporated by reference in section 66260.11 (a)(19). If the waste contains any of these three constituents along with any of the other 25 constituents found in F001--F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and/or methanol are not required.
(g) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes specified in section 66261.32 as EPA Hazardous Waste numbers K156-K159, and K161; and in section 66261.33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411; and soil contaminated with these wastes; may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST in section 66268.42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at section 66268.42 Table 1, for wastewaters.
(h) Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be re-treated to meet treatment standards in this section prior to land disposal.
(i) Zinc micronutrient fertilizers that are produced for the general public's use and that are produced from or contain recycled characteristic hazardous wastes (D004-D011) are subject to the applicable treatment standards in section 268.41 contained in the 40 CFR, parts 260 to 299, edition revised as of July 1, 1990.
(j) Effective September 4, 1998, the treatment standards for the wastes specified in section 66261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at section 66268.42 Table 1 of this chapter, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at section 66268.42 Table 1 of this chapter, for wastewaters.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.40. 
  
 



s 66268.41. Treatment Standards Expressed As Concentrations in Waste Extract.
For the requirements previously found in this section and for treatment standards in Table CCWE--Constituent Concentrations in Waste Extracts, refer to section 66268.40 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.41. 
  
 



s 66268.42. Treatment Standards Expressed As Specified Technologies.
NOTE: For the requirements previously found in this section in Table 2 -- TECHNOLOGY-BASED STANDARDS BY RCRA WASTE CODE, and Table 3 -- TECHNOLOGY-BASED STANDARDS FOR SPECIFIC RADIOACTIVE HAZARDOUS MIXED WASTE, refer to section 66268.40 of this chapter.
(a)The following wastes in the table in section 66268.40 "Treatment Standards for Hazardous Wastes," for which standards are expressed as a treatment method rather than a concentration level, shall be treated using the technology or technologies specified in the table entitled "Technology Codes and Description of Technology-Based Standards" in this section.
(1) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm but less than 500 ppm shall be incinerated in accordance with the technical requirements of 40 CFR 761.70 or burned in high efficiency boilers in accordance with the technical requirements of 40 CFR 761.60. Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 500 ppm shall be incinerated in accordance with the technical requirements of 40 CFR 761.70. Thermal treatment under this section shall also be in compliance with applicable regulations in chapters 14, 15, and 16.
(2) Nonliquid hazardous wastes containing halogenated organic compounds (HOCs) in total concentration greater than or equal to 1,000 mg/kg and liquid HOC-containing wastes that are prohibited under section 66268.32(e)(1) of this chapter shall be incinerated in accordance with the requirements of chapter 14, article 15 or chapter 15, article 15. These treatment standards do not apply where the waste is subject to a chapter 18, article 4 treatment standard for a specific HOC (such as a hazardous waste chlorinated solvent for which a treatment standard is established under section 66268.41(a)).
(b) Any person may submit an application to the Department demonstrating that an alternative treatment method will result in a level of performance substantially equivalent or greater than that achievable using the method or methods specified in paragraphs (a), (c) and (d) of this section for wastes or hazardous debris specified in Table 1 of section 66268.45. The applicant shall demonstrate that the USEPA Administrator has approved the use of the alternative treatment method pursuant to 40 CFR 268.42(b). The approval shall demonstrate to the satisfaction of the Department that the method is in compliance with all federal, state and local requirements and is protective of human health and the environment. On the basis of such information and any other available information, the Department may approve the use of the alternative treatment method if the Department finds that the alternative treatment method will result in a level of performance substantially equivalent or greater than that achievable using the methods specified in subsections (a), (c) and (d) of this section for wastes or hazardous debris specified in Table 1 of section 66268.45. Any approval shall be stated in writing and may contain such provisions and conditions as the Department deems appropriate. The person to whom such approval is issued shall comply with all limitations contained in such a determination.
(c) As an alternative to the otherwise applicable article 4 treatment standards, lab packs are eligible for land disposal provided the following requirements are met:
(1) the lab packs comply with the applicable provisions of section 66264.316 and section 66265.316;
(2) the lab pack does not contain any of the wastes listed in Appendix IV to chapter 18;
(3) the lab packs are incinerated in accordance with the requirements of article 15, chapter 14 or article 15, chapter 15 and;
(4) any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in article 4, chapter 18.
(d) Radioactive hazardous mixed wastes are subject to the treatment standards in section 66268.40. Where treatment standards are specified for radioactive mixed wastes in the Table of Treatment Standards, those treatment standards will govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste (as designated by EPA waste code) applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in section 66268.45.
Table 1. -Technology Codes and Description of Technology-Based Standards
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Table 1. -Technology Codes and Description of Technology-Based Standards  (cont'd)
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
Note 1: When a combination of these technologies (i.e., a treatment train) is  specified as a single treatment standard, the order of application is specified  in Section 66268.42, Table 2 by indicating the five letter technology code that  must be applied first, then the designation "fb." (an abbreviation for "followed  by"), then the five letter technology code for the technology that must be  applied next, and so on.
Note 2: When more than one technology (or treatment train) are specified as  alternative treatment standards, the five letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded by the word "OR". This indicates that any one of these BDAT technologies or treatment trains can be used for compliance with the standard.

 



s 66268.43. Treatment Standards Expressed As Waste Concentrations.
For the requirements previously found in this section and for treatment standards in Table CCW - Constituent Concentrations in Wastes, refer to section 66268.40.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.42. 
  
 



s 66268.44. Variance from a Treatment Standard.
 (a) Based on a petition filed by a generator or treater of RCRA hazardous waste, the USEPA Administrator may approve a variance from an applicable treatment standard if:
                           (1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or
                           (2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner shall either demonstrate that:
                           (A) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media); or
                           (B) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.
(b) For hazardous waste subject to RCRA land disposal restrictions set forth in article 4 of this chapter, the applicant shall petition the U.S. EPA Administrator for a variance from a treatment standard pursuant to 40 CFR section 268.44. Within 30 days after the applicant has received from the U.S. EPA Administrator an approved variance from a treatment standard, the applicant shall submit to the Department a copy of the approved variance.
(c) For hazardous waste listed in section 66268.29 of this chapter subject to non-RCRA land disposal restrictions set forth in article 11 of this chapter, the applicant shall petition the Department for a variance from a treatment standard pursuant to this section and section 25179.8, Health and Safety Code. Each petitioner shall demonstrate that all the following conditions apply to the waste.
(1) The hazardous waste cannot be recycled, reused, or treated to meet the standards adopted by the department pursuant to section 25179.6 California Health and Safety Code at a commercial offsite hazardous waste facility in the state.
(2) Recycling or treatment alternatives cannot be provided at the site of generation.
(3) Measures have been, or will be, taken to reduce the generation of the hazardous waste.
(4) Land disposal of the hazardous waste is in compliance with all existing statutes and regulations.
(d) A generator, treatment facility, or disposal facility that is managing a waste covered by a variance from the treatment standards shall comply with the waste analysis requirements for restricted wastes found under section 66268.7.
(e) During the petition review process, the applicant is required to comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.
(f) Based on a petition filed by a generator or treater of RCRA hazardous waste, the Department may approve a site-specific variance from an applicable treatment standard pursuant to this section and Health and Safety Code section 25179.8 if:
                           (1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or
                           (2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner shall either demonstrate that:
                           (A) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of such media); or
                           (B) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.
                           (3) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) the concentrations necessary to minimize short- and long-term threats to human health and the environment. Treatment variances approved under this subsection shall:
(A) At a minimum, impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario:
1. for carcinogens, achieve constituent concentrations that result in the total excess risk to an individual exposed over a lifetime generally falling within a range from 10-<<super>>4 to 10-<<super>>6; and
2. for constituents with non-carcinogenic effects, achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime.
(B) not consider post-land-disposal controls.
(4) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) natural background concentrations at the site where the contaminated soil will land disposed.
(5) Public notice and a reasonable opportunity for public comment shall be provided before granting or denying a petition.
(g) Each petition shall be submitted to the Department and shall include:
(1) The petitioner's name and address;
(2) A statement of the petitioner's interest in the proposed action;
                           (3) A description of the proposed action, including  (where appropriate) suggested regulatory language; and
                           (4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.
(h) For hazardous waste listed in section 66268.29 of this chapter subject to non-RCRA land disposal restrictions set forth in article 11 of this chapter, the applicant shall petition the Department for a site-specific variance from a treatment standard pursuant to this section and section 25179.8, Health and Safety Code. Each petitioner for a site-specific variance shall demonstrate that all the following conditions apply to the waste.
(1) The hazardous waste cannot be recycled, reused, or treated to meet the standards adopted by the department pursuant to section 25179.6 California Health and Safety Code at a commercial offsite hazardous waste facility in the state.
(2) Recycling or treatment alternatives cannot be provided at the site of generation.
(3) Measures have been, or will be, taken to reduce the generation of the hazardous waste.
(4) Land disposal of the hazardous waste is in compliance with all existing statutes and regulations.
(i) A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard shall comply with the waste analysis requirements for restricted wastes found under section 66268.7.
(j) During the application review process, the applicant for a site-specific variance shall comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.
(k) After receiving a petition pursuant to subsections (c), (f), and (h) for variance from a treatment standard, the Department may request any additional information or samples which the Department may require to evaluate the petition. Additional copies of the petition may be requested as needed. Within 45 days of the receipt of the petition, the Department shall inform the petitioner, in writing, that the petition is complete and accepted for filing, or that the petition is deficient and what specific information is required.
(l) The Department shall make a decision on a petition pursuant to subsections  (c), (f), and (h) for variance from a treatment standard within 120 days of the filing of a completed petition.
                           (m) For all variances, the petitioner shall also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the Department may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal.
 
  Note: Authority cited: Sections 25150, 25159, 25179.5, 25179.6 and  58012, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25150, 25159, 25159.5 and 25179.8, Health and Safety Code; Section 15376, Government Code; 40 CFR Section 268.44. 
  
 



s 66268.45. Treatment Standards for Hazardous Debris.
(a)Treatment standards. Hazardous debris shall be treated prior to land disposal as follows unless the Department determines under section 66261.3(e)(2) of this division that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this article for the waste contaminating the debris;
(1)General. Hazardous debris shall be treated for each "contaminant subject to treatment" defined by paragraph (b) of this section using the technology or technologies identified in Table 1 of this section.
(2)Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under sections 66261.21, 66261.22, and 66261.23, respectively, shall be deactivated by treatment using one of the technologies identified in Table 1 of this section.
(3)Mixtures of debris types.The treatment standards of Table 1 in this section shall be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.
(4)Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under paragraph (b) of this section shall be treated for each contaminant using one or more treatment technologies identified in Table 1 of this section. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.
(5)Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761 or the requirements of this section, whichever are more stringent.
(b)Contaminants subject to treatment. Hazardous debris shall be treated for each "contaminant subject to treatment." The contaminants subject to treatment shall be determined as follows:
(1)Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by section 66261.24(a)(1) are those EP constituents for which the debris exhibits the TC toxicity characteristic.
(2)Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under section 66268.40.
(3)Cyanide reactive debris. Hazardous debris that is reactive because of cyanide shall be treated for cyanide.
(c)Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 of this section and that does not exhibit a characteristic of hazardous waste as identified in article 3 of chapter 11 of this division after treatment is not a hazardous waste and need not be managed in a hazardous waste facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and shall be managed in a hazardous waste facility.
(d)Treatment residuals - (1)General Requirements. Except as provided by paragraphs (d)(2) and (d)(4) of this section:
(A) Residue from the treatment of hazardous debris shall be separated from the treated debris using simple physical or mechanical means; and
(B) Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by article 4 of this chapter for the waste contaminating the debris.
(2)Nontoxic debris. Residue from the deactivation of ignitable, corrosive, or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by subsection (b) of this section, shall be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of article 4 of this chapter.
(3)Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide shall meet the treatment standards for D003 in "Treatment Standards for Hazardous Wastes" under section 66268.40.
(4)Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids.
(5)Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section.
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.45. 
  
 



s 66268.46. Alternative Treatment Standards Based on HTMR.
For the treatment standards previously found in this section, refer to section 66268.40.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.46. 
  

 



s 66268.48. Universal Treatment Standards.
 (a) Table UTS identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical limits. For determining compliance with treatment standards for underlying hazardous constituents as defined in section 66260.10, these treatment standards may not be exceeded. Compliance with these treatment standards is measured by an analysis of grab samples, unless otherwise noted in the following Table UTS.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.48. 
  
 



s 66268.49. Alternative LDR Treatment Standards for Contaminated Soil.
 (a) Applicability. You shall comply with LDRs prior to placing soil that exhibits a characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the time it was generated, into a land disposal unit. The following chart describes whether you shall comply with LDRs prior to placing soil contaminated by listed hazardous waste into a land disposal unit:
_______________________________________________________________________________
If LDRs. . .               And If LDRs.   And If . . .      Then You . . .
                             . .
_______________________________________________________________________________
applied to the listed                     apply to the       shall comply
  waste
when it contaminated the                  listed waste        with LDRs
soil [FNa1]                now
...............................................................................
didn't apply to the        apply to the   the soil is       shall comply
  listed                                    determined to
waste when it              listed waste   contain the listed       with LDRs
  contaminated                              waste
the soil [FNa1]            now            when the soil is
                                            first
                           generated
...............................................................................
didn't apply to the        apply to the   the soil is      needn't comply
  listed                                    determined not
waste when it              listed waste   to contain the listed    with LDRs
  contaminated
the soil [FNa1]            now            waste when the soil
                                            is
                           first
                             generated
...............................................................................
didn't apply to the                       don't apply to      needn't comply
  listed
waste when it                             the list waste        with LDRs
  contaminated
the soil [FNa1]            now
...............................................................................
[FNa1] For dates of LDR applicability, see CCR, Title 22, chapter 18, appendix
  VII. To determine the date any given listed hazardous waste contaminated any
  given volume of soil, use the last date any given listed hazardous waste was
  placed into any given land disposal unit or, in the case of an accidental
  spill, the date of the spill.
_______________________________________________________________________________
 
(b) Prior to land disposal, contaminated soil identified by subsection (a) of this section as needing to comply with LDRs shall be treated according to the applicable treatment standards specified in subsection (c) of this section or according to the Universal Treatment Standards specified in section 66268.48 applicable to the contaminating listed hazardous waste and/or the applicable characteristic of hazardous waste if the soil is characteristic. The treatment standards specified in subsection (c) of this section and the Universal Treatment Standards may be modified through a treatment variance approved in accordance with section 66268.44.
 (c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil identified by subsection (a) of this section as needing to comply with LDRs shall be treated according to all the standards specified in this subsection or according to the Universal Treatment Standards specified in section 66268.48.
(1) All soils. Prior to land disposal, all constituents subject to treatment shall be treated as follows:
(A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in total constituent concentrations, except as provided by subsection (c)(1)(C) of this section.
(B) For metals and carbon disulfide, cyclohexanone, and methanol, treatment shall achieve 90 percent reduction in constituent concentrations as measured in leachate from the treated media (tested according to the TCLP) or 90 percent reduction in total constituent concentrations (when a metal removal treatment technology is used), except as provided by subsection (c)(1)(C)of this section.
 (C) When treatment of any constituent subject to treatment to a 90 percent reduction standard would result in a concentration less than 10 times the Universal Treatment Standard for that constituent, treatment to achieve constituent concentrations less than 10 times the universal treatment standard is not required. Universal Treatment Standards are identified in section 66268.48 Table UTS.
(2) Soils that exhibit the characteristic of ignitability, corrosivity or reactivity. In addition to the treatment required by subsection (c)(1) of this section, prior to land disposal, soils that exhibit the characteristic of ignitability, corrosivity, or reactivity shall be treated to eliminate these characteristics.
(3) Soils that contain nonanalyzable constituents. In addition to the treatment requirements of subsections (c)(1) and (2) of this section, prior to land disposal, the following treatment is required for soils that contain nonanalyzable constituents:
(A) For soil that contains only analyzable and nonanalyzable organic constituents, treatment of the analyzable organic constituents to the levels specified in subsections (c)(1) and (2) of this section; or,
(B) For soil that contains only nonanalyzable constituents, treatment by the method(s) specified in section 66268.42 for the waste contained in the soil.
(d) Constituents subject to treatment. When applying the soil treatment standards in subsection (c) of this section, constituents subject to treatment are any constituents listed in section 66268.48 Table UTS -Universal Treatment Standards that are reasonably expected to be present in any given volume of contaminated soil, except fluoride, selenium, sulfides, vanadium, zinc, and that are present at concentrations greater than ten times the universal treatment standard. PCBs are not constituents subject to treatment in any given volume of soil which exhibits the toxicity characteristic solely because of the presence of metals.
(e) Management of treatment residuals. Treatment residuals from treating contaminated soil identified by subsection (a) of this section as needing to comply with LDRs shall be managed as follows:
 (1) Soil residuals are subject to the treatment standards of this section;
(2) Non-soil residuals are subject to:
(A) For soils contaminated by listed hazardous waste, the hazardous waste standards applicable to the listed hazardous waste; and
(B) For soils that exhibit a characteristic of hazardous waste, if the non-soil residual also exhibits a characteristic of hazardous waste, the treatment standards applicable to the characteristic hazardous waste.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.5 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 268.49. 
  
 



s 66268.50. Prohibitions on Storage of Restricted Wastes.
 (a) Except as provided in this section, the storage of hazardous wastes restricted from land disposal under article 3 of this chapter or RCRA section 3004 (42 U.S.C. section 6924) is prohibited, unless the following conditions are met.
(1) A generator stores such wastes in tanks, containers, or containment buildings on site solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and the generator complies with the requirements in section 66262.34 and Chapters 14 and 15 of this division. (A generator who is in existence on July 1, 1991 and who must store hazardous wastes for longer than the applicable accumulation period specified in subsection (a) or (d) of section 66262.34 of this chapter, due to the regulations under this chapter becomes an owner/operator of a storage facility and shall obtain a Hazardous Waste Facility Permit. Such a facility may qualify for interim status upon compliance with the regulations governing interim status under section 66270.70 of chapter 20).
(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores such wastes in tanks, containers, or containment buildings solely for the purpose of the accumulation of such quantities of hazardous waste as necessary to facilitate proper recovery, treatment, or disposal and:
(A) each container is clearly marked to identify its contents and the date each period of accumulation begins;
(B) each tank is clearly marked with a description of its contents, the quantity of each hazardous waste received, and the date each period of accumulation begins, or such information for each tank is recorded and maintained in the operating record at that facility. Regardless of whether the tank itself is marked, an owner/operator shall comply with the operating record requirements specified in section 66264.73 or section 66265.73.
(3) A transporter stores manifested shipments of such wastes at a transfer facility for six days or less, or 10 days or less for transfer facilities in areas zoned industrial by the local planning authority.
(b) An owner/operator of a treatment, storage or disposal facility may store such wastes for up to one year unless the Department can demonstrate that such storage was not solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.
(c) An owner/operator of a treatment, storage or disposal facility may store such wastes beyond one year; however, the owner/operator bears the burden of proving that such storage was solely for the purpose of accumulation of such quantities of hazardous waste as are necessary to facilitate proper recovery, treatment, or disposal.
(d) If a generator's waste is exempt from a prohibition on the type of land disposal utilized for the waste (for example, because of an approved case-by-case extension under section 66268.5, or a nationwide capacity variance under article 3), the prohibition in paragraph (a) of this section does not apply during the period of such exemption.
(e) The prohibition in subsection (a) of this section does not apply to hazardous wastes that meet the treatment standards specified under section 66268.40 or the treatment standards specified under the variance in section 66268.44, or, where treatment standards have not been specified, is in compliance with the applicable prohibitions specified in section 66268.32 or RCRA section 3004 (42 U.S.C. section 6924) or where the waste is a non-RCRA hazardous waste.
(f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm shall be stored at a facility that meets the requirements of 40 CFR section 761.65(b) and shall be removed from storage and treated or disposed as required by this part within one year of the date when such wastes are first placed into storage. The provisions of subsection (c) of this section do not apply to such PCB wastes prohibited under section 66268.32 of this chapter.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.50. 
  
 



s 66268.100. Waste Specific Prohibitions.
 (a) The following non-RCRA hazardous wastes are subject to prohibition under this section.
(1) Non-RCRA metal-containing aqueous wastes identified in section 66268.29(a) are prohibited from land disposal.
(2) Auto shredder waste identified in section 66268.29(b) is prohibited from land disposal effective on May 8, 1991.
(3) Hazardous waste foundry sand identified in section 66268.29(c) is prohibited from land disposal after January 1, 1991.
(4) Non-RCRA metal-containing fly ash, bottom ash, retort ash or baghouse waste from sources other than foundries identified in section 66268.29(d) is prohibited from land disposal after January 1, 1991.
(5) Non-RCRA metal-containing baghouse waste from foundries identified in section 66268.29(e) is prohibited from land disposal after January 1, 1991.
(6) Asbestos-containing waste as defined in section 66268.29(f) is prohibited from land disposal effective March 1, 1993 and thereafter.
(b) The requirements of subsection (a) of this section do not apply if:
(1) the waste meets the treatment standards of article 11 of this chapter; or
(2) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to those wastes covered by the extension.
 
  Note: Authority cited: Sections 25150, 25159, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 



s 66268.105. Applicability of Treatment Standards.
 (a) A restricted waste identified in section 66268.106 may be land disposed without further treatment only if an extract of the waste or of the treatment residue of the waste developed using the test method in Appendix II chapter 11, CCR, does not exceed the value shown in Table I-CCWE of section 66268.106 for any hazardous constituent listed in Table I-CCWE for that waste.
(b) A restricted waste identified in section 66268.107 may be land disposed only if the constituent concentrations in the waste or treatment residue of the waste do not exceed the value shown in section 66268.107 for any hazardous constituent listed for that waste.
 
  Note: Authority cited: Sections 25150, 25159 and 25179.6, Health and Safety Code; and Section 58012 of the Governor's Re-organization Plan #1 of 1991. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 



s 66268.106. Treatment Standards Expressed As Concentrations in Waste Extract.
 (a) The CCWE tables (below) identify the restricted wastes and the concentrations of their associated hazardous constituents which may not be exceeded by the extract of a waste or waste treatment residual developed using the test method in Appendix II, chapter 11, CCR, for the allowable land disposal of such waste.
(1) Table I-A CCWE identifies the non-RCRA auto shredder wastes and the concentrations of their associated hazardous constituents which may not be exceeded by the extract of the waste or treatment residual for the allowable land disposal of such waste or residual.
TABLE I-A CCWE
 
TABLE I-A CCWE
 
Auto Shredder Wastes         Concentration (mg/l)
Cadmium....................  1.0
Chromium (VI) Compounds....  5.0
Chromium (total)...........  560.0
Copper.....................  25.0
 Lead......................  50.0
Mercury....................  0.2
Nickel.....................  20.0
Zinc.......................  250.0
 
(2) Table I-B CCWE identifies the concentrations of hazardous constituents of hazardous waste foundry sand which may not be exceeded by the waste or treatment residual for the allowable land disposal of such waste or residual.
(A) Hazardous waste foundry sand containing hazardous constituents other than those listed in Table I-B CCWE or exhibiting other hazardous characteristics shall be subject to the appropriate generic treatment standard(s) for those hazardous constituents or hazardous characteristics.
TABLE I-B CCWE
 
Hazardous Waste Foundry Sand  Concentration (mg/l)
 Cadmium....................  1.0
 Copper.....................  200.0
 Lead.......................  30.0
 Nickel.....................  20.0
 Zinc.......................  250.0
 
TABLE I-B CCWE
 
(3) Table I-D CCWE identifies the non-RCRA metal-containing fly ash, bottom ash, retort ash and baghouse waste from sources other than foundries, and the concentrations of their associated hazardous constituents which may not be exceeded by the extract of the waste or treatment residual for the allowable land disposal of such waste or residual. The specified concentrations shall not be exceeded by an average value of WET results for four representative samples, or a single representative sample. Non-RCRA fly ash, bottom ash, retort ash and baghouse waste from sources other than foundries containing hazardous constituents other than those listed in Table I-D CCWE shall be subject to the appropriate generic treatment standard(s) for those hazardous constituents or hazardous characteristics.
Table I-D CCWE
 
Non-RCRA Waste Category Fly ash, Bottom Ash, Retort Ash, and Baghouse waste from Sources other than Foundries
Concentration  (mg/l)
 Arsenic.....  15.0
 Cadmium.....  1.0
 Copper......  40.0
 Lead........  20.0
 Nickel......  20.0
 Selenium....  1.0
 Vanadium....  24.0
 Zinc........  250.0
 
(4) Table I-E CCWE identifies the non-RCRA metal-containing baghouse waste from foundries, and the concentrations of their associated hazardous constituents which may not be exceeded by the extract of the waste or treatment residual for the allowable land disposal of such waste or residual. The specified concentrations shall not be exceeded by an average value of WET results for four representative samples, or a representative sample. Non-RCRA baghouse waste from foundries containing hazardous constituents other than those listed in Table I-E CCWE shall be subject to the appropriate generic treatment standard(s) for those hazardous constituents or hazardous characteristics.
Table I-D CCWE
 
Non-RCRA Waste Category Fly ash, Bottom Ash, Retort Ash, and Baghouse waste from Sources other than Foundries
Concentration  (mg/l)
 Arsenic.....  15.0
 Cadmium.....  1.0
 Copper......  40.0
 Lead........  20.0
 Nickel......  20.0
 Selenium....  1.0
 Vanadium....  24.0
 Zinc........  250.0
 
(b) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern.
 
  Note: Authority cited: Sections 25150, 25159 and 25179.6, Health and Safety Code; and Section 58012 of the Governor's Re-organization Plan #1 of 1991. Reference: Sections 25150, 25159, 25159.5, 25170, 25179.3 and 25179.6, Health and Safety Code. 
  
 



s 66268.107. Treatment Standards Expressed As Waste Concentrations.
 (a) Table II-CCW identifies the non-RCRA metal-containing aqueous wastes and the concentrations of their associated hazardous constituents which may not be exceeded by the waste or treatment residual for the allowable land disposal of such waste or residual.
Table II -Constituent Concentrations in Wastes
 

                                Concentration
Non-RCRA Waste Category         In Liquid
Metal-Containing Aqueous Waste  Residual (mg/l)
Antimony......................  15.0
Arsenic.......................  5.0
Barium........................  100.0
Beryllium.....................  0.75
Cadmium.......................  1.0
Chromium (VI).................  5.0
Chromium (III)................  560.0
Cobalt........................  80.0
Copper........................  25.0
 Lead.........................  5.0
Mercury.......................  0.2
Molybdenum....................  350.0
Nickel........................  20.0
Selenium......................  1.0
Silver........................  5.0
Thallium......................  7.0
Vanadium......................  24.0
Zinc..........................  250.0

 
(A) The concentrations listed in subsection (a) shall be determined using the WET procedure specified in Appendix II, chapter 11, CCR.
(c)(1) When RCRA wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue must meet the lowest treatment standard for the constituent of concern. When non-RCRA wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue must meet the lowest treatment standard for the constituent of concern.
(c)(2) When RCRA and Non-RCRA wastes are combined for purposes of treatment, the treatment residue must meet both the lowest treatment standard established for the RCRA wastes and the lowest treatment standard established for the non-RCRA wastes.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 



s 66268.108. Treatment Standard Expressed as Specific Technologies.
[Reserved]

 



s 66268.110. Treatment Standard for PCB Wastes.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 



s 66268.112. Treatment Standards for Aqueous and Liquid Organic Wastes.
 
  Note: Authority cited: Sections 25150, 25159 and 25179.6, Health and Safety Code; and Section 58012 of the Governor's Reorganization Plan #1 of 1991. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 



s 66268.113. Treatment Standards for Solid Hazardous Waste Containing Organics.
 
  Note: Authority cited: Sections 25150, 25159 and 25179.6, Health and Safety Code; and Section 58012 of the Governor's Re-organization Plan #1 of 1991. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  

 



s 66268.114. Treatment Standard for Asbestos-Containing Waste.
 (a) Asbestos-containing waste shall be treated using one of the methods of  (a)(1) through (a)(3).
(1) Asbestos-containing waste is managed as follows:
(A) Mix control device asbestos-containing waste to form a slurry; adequately wet other asbestos-containing waste; and
(B) Discharge no visible emissions to the outside air from collection, mixing, wetting and handling operations; and
(C) After wetting, seal all asbestos-containing waste in leak tight containers while wet; or, for waste that will not fit into containers without additional breaking, put waste into leak tight wrapping; and discharge no visible emissions during disposal operations.
(2) Process asbestos-containing waste into nonfriable form.
(3) Use an alternative waste treatment method pursuant to Health and Safety Code 25179.6(b)(2).
(b) When used in subsection (a), the following terms have the meanings given below:
(1) "Adequately wet" means sufficiently mixed or penetrated with liquid to prevent the release of finely divided particles of asbestos or waste containing asbestos. If visible emissions are observed coming from asbestos-containing waste, then that waste has not been adequately wetted. However, absence of visible emissions is not sufficient evidence of being adequately wetted.
(2) "Visible emissions" means any emissions which are visually detectable without the aid of instrument, coming from asbestos-containing waste. This does not include condensed, uncombined water.
(3) "Leak tight" means that solids or liquids cannot escape or spill out. It also means dust tight.
 
  Note:    Authority cited: Sections 25150, 25159, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code. 
  
 



s 66268.120. Hazardous Waste with Heating Values Greater than 3,000 British Thermal Units per Pound of Waste.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25155.5, Health and Safety Code. 
  
 



s 66268.121. Hazardous Waste Contain More than One Percent of Volatile Organic Compounds.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25123.6 and 25155.5, Health and Safety Code. 
  
 



s 66268.122. Treatment Capacity Exemption.
If the Department determines that adequate incineration or other authorized treatment capacity does not exist within the state, a person disposing of hazardous waste subject to sections 66268.120 and 66268.121 of this chapter is exempt from the treatment requirements of these sections, until the Department determines that adequate incinerator or other treatment is available. This section shall not exempt a hazardous waste specified in sections 66268.120 and 66268.121 from any treatment, handling or disposal standard established by any other provision of law or regulation.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25155.5, Health and Safety Code. 
  
 



s 66268.124. Emergency Variance from Sections 66268.120 and 66268.121.
 (a) A hazardous waste producer may request in writing, an emergency variance from the Department pursuant to Health and Safety Code section 25155.7. A producer of a hazardous waste subject to Land Disposal Restrictions established pursuant to section 6924(m) of Title 42 of the United States Code is not eligible for an emergency variance, unless the waste has been granted a variance, extension, or exemption by the EPA Administrator.
(b) After receiving an application for an emergency variance, the Department may request any additional information which it deems necessary to evaluate the application. Within 45 days of receipt of the application, the Department shall inform the applicant, in writing, that the application is complete and accepted for filing, or that the application is deficient and what specific information is required.
(c) On the basis of the information referred to in subsection (b) of this section, the Department may grant an emergency variance of up to 1 year upon the request of the applicant if the demonstration required pursuant to Health and Safety Code section 25155.7, can still be made. In no event will an emergency variance extend beyond 24 months from the date the Department determines the application is complete and accepted for filing. The length of any emergency variance will be determined by the Department based on the time required for the applicant to secure other treatment pursuant to sections 66268.120 and 66268.121. The Department shall make a decision on an application for an emergency variance within 120 days of the filing of a completed application.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25155.7, Health and Safety Code; Section 15376, Government Code. 
  
 



Appendix I, Chapter 18
Toxicity Characteristic Leaching Procedure (TCLP)
 
Note: The TCLP (Method 1311) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," U.S. EPA Publication SW-846, as incorporated by reference in section 66260.11(a)(19).
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; and 40 CFR Part 268 Appendix I.

 



Appendix II, Chapter 18 (reserved)

 



Appendix III.
 List of Halogenated Organic Compounds Regulated Under 66268.32 EPA Listed
Compounds:
 
In determining the concentration of HOCs in a hazardous waste for purposes of the Section 66268.32 land disposal prohibition, the generator or facility owner/operator shall include the following HOCs in the calculation as any compounds having a carbon-halogen bond which are listed in this Appendix (see Section 66268.10). Appendix III to Chapter 18 consists of the following compounds:
Appendix III
 
List of Halogenated Organic Compounds Regulated
 
Under 66268.32 EPA Listed Compounds:
 
In determining the concentration of HOCs in a hazardous waste for purposes of the Section 66268.32 land disposal prohibition, the generator or facility owner/operator shall include the following HOCs in the calculation as any compounds having a carbon-halogen bond which are listed in this Appendix (see Section 66268.10).  Appendix III to Chapter 18 consists of the following compounds:
 Volatiles
Bromodichloromethane
Bromomethane
Carbon Tetrachloride
Chlorobenzene
2-Chloro-1,3-butadiene
Chlorodibromomethane
Chloroethane
2-Chloroethyl vinyl ether
Chloroform
Chloromethane
3-Chloropropene
1,2-Dibromo-3-chloropropane
1,2-Dibromoethane
Dibromomethane
Trans-1,4-Dichloro-2-butene
Dichlorodifluoromethane
1,1-Dichloroethane
1,2-Dichloroethane
1,1-Dichloroethylene
Trans-1,2-Dichloroethene
1,2-Dichloropropane
Trans-1,3-Dichloropropene
cis-1,3-Dichloropropene
Iodomethane
Methylene chloride
1,1,1,2-Tetrachloroethane
1,1,2,2-Tetrachloroethane
Tetrachloroethane
Tribromomethane
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethene
Trichloromonofluoromethane
1,2,3-Trichloropropane
 Vinyl chloride
Semivolatiles
Bis(2-chloroethoxy)ethane
Bis(2-chloroethyl)ether
Bis(2-chloroisopropyl)ether
p-Chloroaniline
Chlorobenzilate
p-Chloro-m-cresol
2-Chloronaphthalene
2-Chlorophenol
3-Chloropropionitrile
m-Dichlorobenzene
o-Dichlorobenzene
p-Dichlorobenzene
3,3'-Dichlorobenzidine
2,4-Dichlorophenol
2,6-Dichlorophenol
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclopentadiene
Hexachloroethane
Hexachloroprophene
Hexachloropropene
4,4'-Methylenebis(2-chloroaniline)
Pentachlorobenzene
Pentachloroethane
Pentachloronitrobenzene
Pentachlorophenol
Pronamide
1,2,4,5-Tetrachlorobenzene
2,3,4,6-Tetrachlorophenol
1,2,4-Trichlorobenzene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Tris(2,3-dibromopropyl)phosphate
Organochlorine Pesticides
Aldrin
alpha-BHC
beta-BHC
delta-BHC
gamma-BHC
Chlordane
DDD
DDE
DDT
Dieldrin
Endosulfan I
Endosulfan II
Endrin
Endrin aldehyde
Heptachlor
Heptachlor epoxide
Isodrin
Kepone
Methoxyclor
Toxaphene
Phenoxyacetic Acid Herbicides
2,4-Dichlorophenoxyacetic acid
Silvex
2,4,4-T
PCBs
Aroclor 1016
Aroclor 1221
Aroclor 1232
Aroclor 1242
Aroclor 1248
Aroclor 1254
Aroclor 1260
PCBs not otherwise specified
Dioxins and Furans
Hexachlorodibenzo-p-dioxins
Hexachlorodibenzofuran
Pentachlorodibenzo-p-dioxins
Pentachlorodibenzofuran
Tetrachlorodibenzo-p-dioxins
Tetrachlorodibenzofuran
2,3,7,8-Tetrachlorodibenzo-p-dioxin
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code.

 



Appendix III-A.
 List of Halogenated Organic Compounds Regulated Under 66268.32: California
Listed Compounds
 
In determining the concentration of HOCs in a hazardous waste for the purposes of the Section 66268.32 land disposal prohibition, HOCs that shall be included in the calculation as any compounds having a carbon-halogen bond which are listed in this Appendix (See Section 66260.10). Appendix III-A to Chapter 18 consists of the following compounds:
Appendix III-A
 
List of Halogenated Organic Compounds Regulated
 
Under 66268.32:  California Listed Compounds
 
In determining the concentration of HOCs in a hazardous waste for the purposes of the Section 66268.32 land disposal prohibition, HOCs that shall be included in the calculation as any compounds having a carbon-halogen bond which are listed in this Appendix (See Section 66260.10). Appendix III-A to Chapter 18 consists of the following compounds:
Chlorinated Solvents
1-Chlorobutane (N-Butyl Chloride)
2-Chloro-2-methylpropane (t-Butyl Chloride)
3-Chloro-2-methylpropene (Methallyl Chloride)
Dichlorobutadiene
Dichlorobutenes
1,4-Dichlorobutyne
Tetrachloroethylene (Perchloroethylene)
1,2,3-Trichloropropene
Pesticides
Atrazine
Balan
Barban
Bladex
Bromacil
Bromoxynil Octanoate
Captafol
Captan
Carbon Tetrachloride
Carbophenthion
CDEC
Chipco 26019 (Iprodione)
Chloramben (Imagan)
Chlorbisan
Chlordimeform
Chloromeform Hydrochloride
Chlorflurenol, methyl ester
Chlorobenzilate
2-Chloroethyl Trimethyl Ammonium Chloride
Chloroneb
Chlorophacione
Chlorophenols
1-(4-Chlorophenoxy)-3,3-Dimethyl-1-(1,2,4-Triazol-1-YL)-Butan- 2-one S-((4- Chlorophenyl) methyl) Diethylcarbothioate
Chloropicrin
Chlorothalonil
Chloroxuron
Chloropynifus
Chloro-IPC
Dalapon
4(2,4-DB)
D-D Mixture (Dichloropropane, Dichloropropene
DDVP; Dichlorovo; Vapona
Diallate
Dicamba
Dichlobenil
Dichlone
Para-dichlorobenzene
2,4-Dichloro-6-(0-chloroanilino)-S-Triazine
2,6-Dichloro-4-Nitroaniline Dichlorophene
1-(2-(2,4 Dichlorophenyl)-2-(2-Propenyoxy-Ethyl)-IH-IM-IDAZ
Dichloropropane
Dichloropropene
Dicofol
Dimethyl Tetrachloroterephthalate
Diuron
2,4-DP
Endothal
Ethephon
Ethylene Dibromide (EDB)
Ethylene Dichloride (EDC)
Fenac
Fluometron
Fluchloralin
Folpet
Hexachlorophene
 Lindane
 Linuron
MCPA
MCPPA
Methfluoramid
Methyl Bromide
Methyl-2,3-Dichloro-9-hydroxy fluorene-9-carboxylate Methyl 2,7-Dichloro-9- hydroxy fluorene-9-carboxylate Methyl 2-(4-(2,4 Dichlorophenoxy) phenoxy propanoate Methylene Chloride
Methyl-9-hydroxyfluorene-9-carboxylate Monuron
Naled
Neburon
N-Serve (Nitrapyrin)
Nitrofen
Norflurazon
PCNB
PCP
Pentac
Permethrin
Perthane
Phosalone
Picloram-R
Pipvon
Permethrin
Proflurarin
Propachlor
Propanil
Propazine
Pyrazon
Ronnel
Simazine
Sodium Dichloro-s-triazinetrione
Terbucil
Terrazole
Tetrachloroethylene
Tetrachlorovintos
Tetrudifon
N-Trichlormethyl Thio-4-cyclohexine 1,2-Dicarboximide
Trichlorophon
Trichloro-5-triazinetrione
Trifluralin
Triforine
 Vinclozolin
Compounds from Appendix X--Chapter 11
Acetyl Chloride
Allyl Bromide, 3-Bromopropene
Allylchloride, 3-chloropropene
N-Amyl chloride, 1-chloropentane
Benzotrifluoride, trifluoromethyl benzene
Benzl Bromide, Alpha-Bromotoluene
Benzylchloride, Apha-chlorotoluene
bis (chloromethyl) ether, Dichloromethyl ether
Carbophenothion, trithion
Chloral Hydrate, trichloro Acetaldehyde
Chlortenvinphos
Chloroacetaldehyde
Apha-chloroacetophenone, penylchloromethyl ketone
Chloroacetyl chloride
para-Chlorobenzoyl peroxide
orth-Chlorobenzylidine malonitrite, OCMB
Chloropicrin, Trichloronitromethane
Chloro-ortho-toluidine, 2 Amino-4-chloroteulene
Coroxon
Crimidine
1,2-Dichloroethylene
Dichloroethyl ether, diclorether
1,2 Dichloropropene, propylene dichloride
1,3 Dichloropropylene; 1,3 dichloropropene
Dinitirochlorobenzene
Epichlorohydrin
Ethyl Chloride, chloroethane
Fluoroacetanilide
Fluoroacetic acid
Isopropyl chloride
Methyl Chloromethyl ether, CMME
Monochloroacetic acid, Chloroacetic Acid, MCA
Monochloroacetone, Chloroacetone, 1-chloro-2-propanone
Nitrochlorobenzene, Chloronitrobenzene
Perchloroethylene
Perchloromethyl mercaptan, Trichloromethylsulfenyl chloride
Phosphamidon, Dimecron
Picryl Chloride, 2-Chloro-1,3,5 Trinitro Benzene Telodrin
Tetrasal, Animert
Tranid
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code.

 



Appendix IV. to Chapter 18 Wastes Excluded From Lab Packs Under the Alternative Treatment Standards of Section 66268.42(c)
Hazardous waste with the following EPA Hazardous Waste Codes may not be placed in lab packs under alternative lab pack treatment standards of section 66268.42(c), D009, F019, K003, K004, K005, K006, K062, K071, K100, K106, P010, P011, P012, P076, P078, U134, U151.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference:  Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268, Appendix IV.

 



Appendix V.
[reserved]
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference:  Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268, Appendix V.

 



Appendix VI.
Recommended Technologies to Achieve Deactivation of Characteristics in Section
66268.42
 
The treatment standard for many characteristic wastes is stated in the section 66268.40 Table of Treatment Standards as "Deactivation and meet UTS." USEPA as determined that many technologies, when used alone or in combination, can achieve the deactivation portion of the treatment standard. Characteristic wastes that are not managed in a facility regulated by the federal Clean Water Act (CWA) or in a federal CWA-equivalent facility, and that also contain underlying hazardous constituents (see section 66260.10 shall be treated not only by a "deactivating" technology to remove the characteristic, but also to achieve the universal treatment standards (UTS) for underlying hazardous constituents. The following appendix presents a partial list of technologies, utilizing the five letter technology codes established in section 66268.42 Table 1, that may be useful in meeting the treatment standard. Use of these specific technologies is not mandatory and does not preclude direct reuse, recovery, and/or the use of other pretreatment technologies, provided deactivation is achieved and underlying hazardous constituents are treated to achieve the UTS.
-----------------------------------------------------------------
Waste Code/Subcategory             Nonwastewaters  Wastewaters
-----------------------------------------------------------------
D001 Ingnitable Liquids based          RORGS             n.a.
on 66261.21(a)(1) - Low TOC            INCIN
Nonwastewater Subcategory              WETOX
(containing 1% to <10% TOC)            CHOXD
                                       BIODG
-----------------------------------------------------------------
D001 Ignitable Liquids based            n.a.  RORGS
on 66261.21(a)(1) - Ignitable  INCIN
Wastewater Subcategory  WETOX
(containing <1% TOC)  CHOXD
  BIODG
-----------------------------------------------------------------
D001 Compressed Gases based on         RCGAS             n.a.
66261.21(a)(3)                         INCIN
                                       FSUBS
                                  ADGAS fb. INCIN
                                ADGAS fb. (CHOXD; or
                                       CHRED)
-----------------------------------------------------------------
D001 Ignitable Reactives based         WTRRX             n.a.
on 66261.21 (a)(2)                     CHOXD
                                       CHRED
                                       STABL
                                       INCIN
-----------------------------------------------------------------
D001 Ignitable Oxidizers based         CHRED  CHRED
on 66261.21(a)(4)                      INCIN  INCIN
-----------------------------------------------------------------
DOO2 Acid Subcategory based on         RCORR  NEUTR
66261.22(a)(1) with pH less            NEUTR  INCIN
than or equal to 2                     INCIN
-----------------------------------------------------------------
DOO2 Alkaline Subcategory              NEUTR  NEUTR
based on 66261.22(a)(1) with           INCIN  INCIN
pH greater than or equal to
12.5
-----------------------------------------------------------------
D002 Other Corrosives based on         CHOXD  CHOXD
66261.22(a)(2)                         CHRED  CHRED
                                       INCIN  INCIN
                                       STABL
-----------------------------------------------------------------
D003 Water Reactives based on          INCIN             n.a.
66261.23(a)(2), (3), and (4)           WTRRX
                                       CHOXD
                                       CHRED
-----------------------------------------------------------------
D003 Reactive Sulfides based           CHOXD  CHOXD
on 66261.23(a)(5)                      CHRED  CHRED
                                       INCIN  BIODG
                                       STABL  INCIN
-----------------------------------------------------------------
D003 Explosives based on               INCIN  INCIN
66261.23(a)(6), (7), and (8)           CHOXD  CHOXD
                                       CHRED  CHRED
  BIODG
  CARBN
-----------------------------------------------------------------
D003 Other Reactives based on          INCIN  INCIN
66261.23(a)(1)                         CHOXD  CHOXD
                                       CHRED  CHRED
  BIODG
  CARBN
-----------------------------------------------------------------
K044 Wastewater treatment              CHOXD  CHOXD
sludges from the manufacturing         CHRED  CHRED
and processing of explosives           INCIN  BIODG
  CARBN
  INCIN
-----------------------------------------------------------------
K045 Spent carbon from the             CHOXD  CHOXD
treatment of wastewaters               CHRED  CHRED
containing explosives                  INCIN  BIODG
  CARBN
  INCIN
-----------------------------------------------------------------
K047 Pink/red water from TNT           CHOXD  CHOXD
operations                             CHRED  CHRED
                                       INCIN  BIODG
  CARBN
  INCIN
-----------------------------------------------------------------
 
NOTE: 'n.a.' stands for 'not applicable'; 'fb.' stands for 'followed by'.
 
  Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. 
  Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Part 268 Appendix VI.

 



Appendix VII. -Table 1. Effective Dates of Surface Disposed ed Wastes (Non-Soil and Debris) Regulated in the LDRs  [Comprehensive List]
Waste code    Waste category              Effective date
California    Liquid hazardous            July 8, 1987.
 List         wastes, including
              free liquids
              associated with solid
              or sludge, containing
              free cyanides at
              concentrations greater
              than or equal to 1,000
              mg/l or certain metals
              or compounds of these
              metals greater than or
              equal to the
              prohibition levels
California    Liquid (aqueous)            July 8, 1987.
 List         hazardous wastes
              having a pH less than
              or equal to 2
California    Dilute HOC                  July 8, 1987.
 List         wastewaters, defined
              as HOC-waste mixtures
              that are primarily
              water and that contain
              greater than or
              equal to 1,000 mg/l
              but less than
              10,000 mg/1
California    Liquid hazardous            July 8, 1987.
 List         waste containing
              PCBs greater than or
              equal to 50 ppm
California    Other liquid and            Nov. 8, 1988.
 List         non-liquid hazardous
              wastes containing HOCs
              in total
              concentration greater
              than or equal to
              1,000 mg
D001 [FNc]    All (except High TOC        Aug. 9, 1993.
              Ignitable Liquids)
D001          High TOC Ignitable Liquids  Aug. 8, 1990.
D002 [FNc]    All                         Aug. 9, 1993.
D003 [FNe]    All others                  July 8, 1996.
D003          Newly identified            May 26, 2000.
              surface-disposed
              elemental phosphorus
              processing wastes
D004          Nonwastewater               May 8, 1992.
D004          Wastewater                  Aug. 8, 1992.
D004          Newly identified            Aug. 24, 1998.
              D004 and mineral
              processing wastes
D004          Mixed radioactive/          May 26, 2000.
              newly identified D004
              mineral processing
              wastes
D005          All others                  Aug. 8, 1990.
D005          Newly identified            Aug.24, 1998.
              D005 and mineral
              processing wastes
D005          Mixed radioactive/          May 26, 2000.
              newly identified D005
              or mineral processing
              wastes
D006          All others                  Aug. 8, 1990.
D006          Newly identified            Aug. 24, 1998.
              D006 and mineral
              processing waste
D006          Mixed radioactive/          May 26, 2000.
              newly identified D006
              or mineral processing
              wastes
D007          All others                  Aug. 8, 1990.
D007          Newly identified            Aug. 24, 1998.
              D007 and mineral
              processing wastes
D007          Mixed radioactive/          May 26, 2000.
              newly identified D007
              or mineral processing
              wastes
D008          Lead materials              May 8, 1992.
              before secondary
              smelting
D008          Newly identified            Aug. 24, 1998.
              D008 and mineral
              processing waste
D008          Mixed radioactive/          May 26, 2000.
              newly identified D008
              or mineral processing
              wastes
D008          All others                  Aug. 8, 1990.
D009          Nonwastewater               May 8, 1992.
D009          Newly identified            Aug. 24, 1998.
              D009 and mineral
              processing waste
D009          Mixed radioactive/          May 26, 2000.
              newly identified D009
              or mineral processing
              wastes
D009          All others                  Aug. 8, 1990.
D010          All others                  Aug. 8, 1990.
D010          Newly identified            Aug. 24, 1998.
              D010 and mineral
              processing wastes
D010          Mixed radioactive/          May 26, 2000.
              newly identified D010
              or mineral processing
              wastes
D011          All others                  Aug. 8, 1990.
D011          Newly identified            Aug. 24, 1998.
              D011 and mineral
              processing wastes
D011          Mixed radioactive/          May 26, 2000.
              newly identified D011
              or mineral processing
              wastes
D012 (that    All                         Dec. 14, 1994.
exhibit
the
toxicity
character-
istic
based on
the
TCLP) [FNd]
D013 (that    All                         Dec. 14, 1994.
exhibit
the
toxicity
character-
istic
based on
the
TCLP) [FNd]
D014 (that    All                         Dec. 14, 1994.
exhibit
the
toxicity
character-
istic
based on
the
TCLP) [FNd]
D015 (that    All                         Dec. 14, 1994.
exhibit
the
toxicity
character-
istic
based on
the
TCLP) [FNd]
D016 (that    All                         Dec. 14, 1994.
exhibit
the
toxicity
character-
istic
based on
the
TCLP) [FNd]
D017 (that    All                         Dec. 14, 1994.
exhibit
the
toxicity
character-
istic
based on
the
TCLP) [FNd]
D018          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D018          All others                  Dec. 19, 1994.
D019          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D019          All others                  Dec. 19, 1994.
D020          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D020          All others                  Dec. 19, 1994.
D021          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D021          All others                  Dec. 19, 1994.
D022          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D022          All others                  Dec. 19, 1994.
D023          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D023          All others                  Dec. 19, 1994.
D024          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D024          All others                  Dec. 19, 1994.
D025          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D025          All others                  Dec. 19, 1994.
D026          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D026          All others                  Dec. 19, 1994.
D027          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D027          All others                  Dec. 19, 1994.
D028          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D028          All others                  Dec. 19, 1994.
D029          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D029          All others                  Dec. 19, 1994.
D030          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D030          All others                  Dec. 19, 1994.
D031          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D031          All others                  Dec. 19, 1994.
D032          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D032          All others                  Dec. 19, 1994.
D033          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D033          All others                  Dec. 19, 1994.
D034          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D034          All others                  Dec. 19, 1994.
D035          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D035          All others                  Dec. 19, 1994.
D036          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D036          All others                  Dec. 19, 1994.
D037          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D037          All others                  Dec. 19, 1994.
D038          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D038          All others                  Dec. 19, 1994.
D039          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D039          All others                  Dec. 19, 1994.
D040          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D040          All others                  Dec. 19, 1994.
D041          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D041          All others                  Dec. 19, 1994.
D042          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D042          All others                  Dec. 19, 1994.
D043          Mixed with                  Sept. 19, 1996.
              radioactive wastes
D043          All others                  Dec. 19, 1994.
F001          Small quantity              Nov. 8, 1988.
              generators, CERCLA
              response/RCRA
              corrective action,
              initial generator's
              solvent-water
              mixtures,
              solvent-containing
              sludges and solids.
F001          All others                  Nov. 8, 1986.
F002          Wastewater and              Aug. 8, 1990.
(1,1,2-       Nonwastewater
trich-
 Loroethane)
F002          Small quantity              Nov. 8, 1988.
              generators,
              CERCLA response/
              RCRA corrective
              action, initial
              generator's
              solvent-water
              mixtures,
              solvent-
              containing
              sludges and
              solids.
F002          All others                  Nov. 8, 1986.
F003          Small quantity              Nov. 8, 1988.
              generators,
              CERCLA response/
              RCRA corrective
              action, initial
              generator's
              solvent-water
              mixtures,
              solvent-
              containing
 
                  sludges and
                  solids.
F003              All others           Nov. 8, 1986.
F004              Small quantity       Nov. 8, 1988.
                  generators,
                  CERCLA response/
                  RCRA corrective
                  action,
                  initial
                  generator's
                  solvent-water
                  mixtures,
                  solvent-
                  containing
                  sludges and
                  solids.
F004              All others           Nov. 8, 1986.
F005 (benzene,    Wastewater and       Aug. 8, 1990.
2-ethoxy          Nonwastewater
ethanol, 2-
nitropropane)
F005              Small quantity       Nov. 8, 1988.
                  generators,
                  CERCLA response/
                  RCRA corrective
                  action,
                  initial
                  generator's
                  solvent-water
                  mixtures,
                  solvent-
                  containing
                  sludges and
                  solids.
F005              All others           Nov. 8, 1986.
F006              Wastewater           Aug. 8, 1990.
F006              Nonwastewater        Aug. 8, 1988.
F006              Nonwastewater        July 8, 1989.
(cyanides)
F007              All                  July 8, 1989.
F008              All                  July 8, 1989.
F009              All                  July 8, 1989.
F010              All                  June 8, 1989.
F011              Nonwastewater        Dec. 8, 1989.
(cyanides)
F011              All others           July 8, 1989.
F012              Nonwastewater        Dec. 8, 1989.
(cyanides)
F012              All others           July 8, 1989.
F019              All                  Aug. 8, 1990.
F020              All                  Nov. 8, 1988.
F021              All                  Nov. 8, 1988.
F022              All                  Nov. 8, 1988.
F023              All                  Nov. 8, 1988.
F024              Wastewater           June 8, 1989.
(metals)
F024              Nonwastewater        Aug. 8, 1990.
(metals)
F024 [FNb]        All others           June 8, 1989.
F025              All                  Aug. 8, 1990.
F026              All                  Nov. 8, 1988.
F027              All                  Nov. 8, 1988.
F028              All                  Nov. 8, 1988.
F032              Mixed with           May 12, 1999.
                  radioactive wastes
F032              All others           Aug. 12, 1997.
F034              Mixed with           May 12, 1999.
                  radioactive wastes
F034              All others           Aug. 12, 1997.
F035              Mixed with           May 12, 1999.
                  radioactive wastes
F035              All others           Aug. 12, 1997.
F037              Not generated        June 30, 1993.
                  from surface
                  impoundment
                  cleanouts or
                  closures
F037              Generated from       June 30, 1994.
                  surface impoundment
                  cleanouts or
                  closures
F037              Mixed with           June 30, 1994.
                  radioactive wastes
F038              Not generated        June 30, 1993.
                  from surface
                  impoundment
                  cleanouts or
                  closures
F038              Generated from       June 30, 1994.
                  surface
                  impoundment
                  cleanouts or
                  closures
F038              Mixed with           June 30, 1994.
                  radioactive wastes
F039              Wastewater           Aug. 8, 1990.
F039              Nonwastewater        May 8, 1992.
K001              All                  Aug. 8, 1988.
(organics) [FNb]
K001              All others           Aug. 8, 1988.
K002              All                  Aug. 8, 1990.
K003              All                  Aug. 8, 1990.
K004              Wastewater           Aug. 8, 1990.
K004              Nonwastewater        Aug. 8, 1988.
K005              Wastewater           Aug. 8, 1990.
K005              Nonwastewater        June 8, 1989.
K006              All                  Aug. 8, 1990.
K007              Wastewater           Aug. 8, 1990.
K007              Nonwastewater        June 8, 1989.
K008              Wastewater           Aug. 8, 1990.
K008              Nonwastewater        Aug. 8, 1988.
K009              All                  June 8, 1989.
K010              All                  June 8, 1989.
K011              Wastewater           Aug. 8, 1990.
K011              Nonwastewater        June 8, 1989.
K013              Wastewater           Aug. 8, 1990.
K013              Nonwastewater        June 8, 1989.
K014              Wastewater           Aug. 8, 1990.
K014              Nonwastewater        June 8, 1989.
K015              Wastewater           Aug. 8, 1988.
K015              Nonwastewater        Aug. 8, 1990.
K016              All                  Aug. 8, 1988.
K017              All                  Aug. 8, 1990.
K018              All                  Aug. 8, 1988.
K019              All                  Aug. 8, 1988.
K020              All                  Aug. 8, 1988.
K021              Wastewater           Aug. 8, 1990.
K021              Nonwastewater        Aug. 8, 1988.
K022              Wastewater           Aug. 8, 1990.
K022              Nonwastewater        Aug. 8, 1988.
K023              All                  June 8, 1989.
K024              All                  Aug. 8, 1988.
K025              Wastewater           Aug. 8, 1990.
K025              Nonwastewater        Aug. 8, 1988.
K026              All                  Aug. 8, 1990.
K027              All                  June 8, 1989.
K028              Nonwastewater        Aug. 8, 1990.
(metals)
K028              All others           June 8, 1989.
K029              Wastewater           Aug. 8, 1990.
K029              Nonwastewater        June 8, 1989.
K030              All                  Aug. 8, 1988.
K031              Wastewater           Aug. 8, 1990.
K031              Nonwastewater        May 8, 1992.
K032              All                  Aug. 8, 1990.
K033              All                  Aug. 8, 1990.
K034              All                  Aug. 8, 1990.
K035              All                  Aug. 8, 1990.
K036              Wastewater           June 8, 1989.
K036              Nonwastewater        Aug. 8, 1988.
K037 [FNb]        Wastewater           Aug. 8, 1988.
K037              Nonwastewater        Aug. 8, 1988.
K038              All                  June 8, 1989.
K039              All                  June 8, 1989.
K040              All                  June 8, 1989.
K041              All                  Aug. 8, 1990.
K042              All                  Aug. 8, 1990.
K043              All                  June 8, 1989.
K044              All                  Aug. 8, 1988.
K045              All                  Aug. 8, 1988.
K046              Nonwastewater        Aug. 8, 1988.
(Nonreactive)
K046              All others           Aug. 8, 1990.
K047              All                  Aug. 8, 1988.
K048              Wastewater           Aug. 8, 1990.
K048              Nonwastewater        Nov. 8, 1990.
K049              Wastewater           Aug. 8, 1990.
K049              Nonwastewater        Nov. 8, 1990.
K050              Wastewater           Aug. 8, 1990.
K050              Nonwastewater        Nov. 8, 1990.
K051              Wastewater           Aug. 8, 1990.
K051              Nonwastewater        Nov. 8, 1990.
K052              Wastewater           Aug. 8, 1990.
K052              Nonwastewater        Nov. 8, 1990.
K060              Wastewater           Aug. 8, 1990.
K060              Nonwastewater        Aug. 8, 1988.
K061              Wastewater           Aug. 8, 1990.
K061              Nonwastewater        June 30, 1992.
K062              All                  Aug. 8, 1988.
K069              Nonwastewater        Aug. 8, 1988.
(Non-
Calcium
Sulfate)
K069              All others           Aug. 8, 1990.
K071              All                  Aug. 8, 1990.
K073              All                  Aug. 8, 1990.
K083              All                  Aug. 8, 1990.
K084              Wastewater           Aug. 8, 1990.
K084              Nonwastewater        May 8, 1992.
K085              All                  Aug. 8, 1990.
K086              All                  Aug. 8, 1988.
(organics) [FNb]
K086              All others           Aug. 8, 1988.
K087              All                  Aug. 8, 1988.
K088              Mixed with           April 8, 1998.
                  radioactive wastes
K088              All others           Oct. 8, 1997.
K093              All                  June 8, 1989.
K094              All                  June 8, 1989.
K095              Wastewater           Aug. 8, 1990.
K095              Nonwastewater        June 8, 1989.
K096              Wastewater           Aug. 8, 1990.
K096              Nonwastewater        June 8, 1989.
K097              All                  Aug. 8, 1990.
K098              All                  Aug. 8, 1990.
K099              All                  Aug. 8, 1988.
K100              Wastewater           Aug. 8, 1990.
K100              Nonwastewater        Aug. 8, 1988.
K101              Wastewater           Aug. 8, 1988.
(organics)
K101              Wastewater           Aug. 8, 1990.
(metals)
K101              Nonwastewater        Aug. 8, 1988.
(organics)
K101              Nonwastewater        May 8, 1992.
(metals)
K102              Wastewater           Aug. 8, 1988.
(organics)
K102              Wastewater           Aug. 8, 1990.
(metals)
K102              Nonwastewater        Aug. 8, 1988.
(organics)
K102              Nonwastewater        May 8, 1992.
(metals)
K103              All                  Aug. 8, 1988.
K104              All                  Aug. 8, 1988.
K105              All                  Aug. 8, 1990.
K106              Wastewater           Aug. 8, 1990.
K106              Nonwastewater        May 8, 1992.
K107              Mixed with           June 30, 1994.
                  radioactive wastes
K107              All others           Nov. 9, 1992.
K108              Mixed with           June 30, 1994.
                  radioactive wastes
K108              All others           Nov. 9, 1992.
K109              Mixed with           June 30, 1994.
                  radioactive wastes
K109              All others           Nov. 9, 1992.
K110              Mixed with           June 30, 1994.
                  radioactive wastes
K110              All others           Nov. 9, 1992.
K111              Mixed with           June 30, 1994.
                  radioactive wastes
K111              All others           Nov. 9, 1992.
K112              Mixed with           June 30, 1994.
                  radioactive wastes
K112              All others           Nov. 9, 1992.
K113              All                  June 8, 1989.
K114              All                  June 8, 1989.
K115              All                  June 8, 1989.
K116              All                  June 8, 1989.
K117              Mixed with           June 30, 1994.
                  radioactive wastes
K117              All others           Nov. 9, 1992.
K118              Mixed with           June 30, 1994.
                  radioactive wastes
K118              All others           Nov. 9, 1992.
K123              Mixed with           June 30, 1994.
                  radioactive wastes
K123              All others           Nov. 9, 1992.
K124              Mixed with           June 30, 1994.
                  radioactive wastes
K124              All others           Nov. 9, 1992.
K125              Mixed with           June 30, 1994.
                  radioactive wastes
K125              All others           Nov. 9, 1992.
K126              Mixed with           June 30, 1994.
                  radioactive wastes
K126              All others           Nov. 9, 1992.
K131              Mixed with           June 30, 1994.
                  radioactive wastes
K131              All others           Nov. 9, 1992.
K132              Mixed with           June 30, 1994.
                  radioactive wastes
K132              All others           Nov. 9, 1992.
K136              Mixed with           June 30, 1994.
                  radioactive wastes
K136              All others           Nov. 9, 1992.
K141              Mixed with           Sept. 19, 1996.
                  radioactive wastes
K141              All others           Dec. 19, 1994.
K142              Mixed with           Sept. 19, 1996.
                  radioactive wastes
K142              All others           Dec. 19, 1994.

 
K143      Mixed with          Sept. 19, 1996.
          radioactive wastes
K143      All others          Dec. 19, 1994.
K144      Mixed with          Sept. 19, 1996.
          radioactive wastes
K144      All others          Dec. 19, 1994.
K145      Mixed with          Sept. 19, 1996.
          radioactive wastes
K145      All others          Dec. 19, 1994.
K147      Mixed with          Sept. 19, 1996.
          radioactive wastes
K147      All others          Dec. 19, 1994.
K148      Mixed with          Sept. 19, 1996.
          radioactive wastes
K148      All others          Dec. 19, 1994.
K149      Mixed with          Sept. 19, 1996.
          radioactive wastes
K149      All others          Dec. 19, 1994.
K150      Mixed with          Sept. 19, 1996.
          radioactive wastes
K150      All others          Dec. 19, 1994.
K151      Mixed with          Sept. 19, 1996.
          radioactive wastes
K151      All others          Dec. 19, 1994.
K156      Mixed with          April 8, 1998.
          radioactive wastes
K156      All others          July 8, 1996.
K157      Mixed with          April 8, 1998.
          radioactive wastes
K157      All others          July 8, 1996.
K158      Mixed with          April 8, 1998.
          radioactive wastes
K158      All others          July 8, 1996.
K159      Mixed with          April 8, 1998.
          radioactive wastes
K159      All others          July 8, 1996.
K160      Mixed with          April 8, 1998.
          radioactive wastes
K160      All others          July 8, 1996.
K161      Mixed with          April 8, 1998.
          radioactive wastes
K161      All others          July 8, 1996.
P001      All                 Aug. 8, 1990.
P002      All                 Aug. 8, 1990.
P003      All                 Aug. 8, 1990.
P004      All                 Aug. 8, 1990.
P005      All                 Aug. 8, 1990.
P006      All                 Aug. 8, 1990.
P007      All                 Aug. 8, 1990.
P008      All                 Aug. 8, 1990.
P009      All                 Aug. 8, 1990.
P010      Wastewater          Aug. 8, 1990.
P010      Nonwastewater       May 8, 1992.
P011      Wastewater          Aug. 8, 1990.
P011      Nonwastewater       May 8, 1992.
P012      Wastewater          Aug. 8, 1990.
P012      Nonwastewater       May 8, 1992.
P013      Nonwastewater       Aug. 8, 1990.
(barium)
P013      All others          June 8, 1989.
P014      All                 Aug. 8, 1990.
P015      All                 Aug. 8, 1990.
P016      All                 Aug. 8, 1990.
P017      All                 Aug. 8, 1990.
P018      All                 Aug. 8, 1990.
P020      All                 Aug. 8, 1990.
P021      All                 June 8, 1989.
P022      All                 Aug. 8, 1990.
P023      All                 Aug. 8, 1990.
P024      All                 Aug. 8, 1990.
P026      All                 Aug. 8, 1990.
P027      All                 Aug. 8, 1990.
P028      All                 Aug. 8, 1990.
P029      All                 June 8, 1989.
P030      All                 June 8, 1989.
P031      All                 Aug. 8, 1990.
P033      All                 Aug. 8, 1990.
P034      All                 Aug. 8, 1990.
P036      Wastewater          Aug. 8, 1990.
P036      Nonwastewater       May 8, 1992.
P037      All                 Aug. 8, 1990.
P038      Wastewater          Aug. 8, 1990.
P038      Nonwastewater       May 8, 1992.
P039      All                 June 8, 1989.
P040      All                 June 8, 1989.
P041      All                 June 8, 1989.
P042      All                 Aug. 8, 1990.
P043      All                 June 8, 1989.
P044      All                 June 8, 1989.
P045      All                 Aug. 8, 1990.
P046      All                 Aug. 8, 1990.
P047      All                 Aug. 8, 1990.
P048      All                 Aug. 8, 1990.
P049      All                 Aug. 8, 1990.
P050      All                 Aug. 8, 1990.
P051      All                 Aug. 8, 1990.
P054      All                 Aug. 8, 1990.
P056      All                 Aug. 8, 1990.
P057      All                 Aug. 8, 1990.
P058      All                 Aug. 8, 1990.
P059      All                 Aug. 8, 1990.
P060      All                 Aug. 8, 1990.
P062      All                 June 8, 1989.
P063      All                 June 8, 1989.
P064      All                 Aug. 8, 1990.
P065      Wastewater          Aug. 8, 1990.
P065      Nonwastewater       May 8, 1992.
P066      All                 Aug. 8, 1990.
P067      All                 Aug. 8, 1990.
P068      All                 Aug. 8, 1990.
P069      All                 Aug. 8, 1990.
P070      All                 Aug. 8, 1990.
P071      All                 June 8, 1989.
P072      All                 Aug. 8, 1990.
P073      All                 Aug. 8, 1990.
P074      All                 June 8, 1989.
P075      All                 Aug. 8, 1990.
P076      All                 Aug. 8, 1990.
P077      All                 Aug. 8, 1990.
P078      All                 Aug. 8, 1990.
P081      All                 Aug. 8, 1990.
P082      All                 Aug. 8, 1990.
P084      All                 Aug. 8, 1990.
P085      All                 June 8, 1989.
P087      All                 May 8, 1992.
P088      All                 Aug. 8, 1990.
P089      All                 June 8, 1989.
P092      Wastewater          Aug. 8, 1990.
P092      Nonwastewater       May 8, 1992.
P093      All                 Aug. 8, 1990.
P094      All                 June 8, 1989.
P095      All                 Aug. 8, 1990.
P096      All                 Aug. 8, 1990.
P097      All                 June 8, 1989.
P098      All                 June 8, 1989.
P099      Wastewater          Aug. 8, 1990.
(silver)
P099      All others          June 8, 1989.
P101      All                 Aug. 8, 1990.
P102      All                 Aug. 8, 1990.
P103      All                 Aug. 8, 1990.
P104      Wastewater          Aug. 8, 1990.
(silver)
P104      All others          June 8, 1989.
P105      All                 Aug. 8, 1990.
P106      All                 June 8, 1989.
P108      All                 Aug. 8, 1990.
P109      All                 June 8, 1989.
P110      All                 Aug. 8, 1990.
P111      All                 June 8, 1989.
P112      All                 Aug. 8, 1990.
P113      All                 Aug. 8, 1990.
P114      All                 Aug. 8, 1990.
P115      All                 Aug. 8, 1990.
P116      All                 Aug. 8, 1990.
P118      All                 Aug. 8, 1990.
P119      All                 Aug. 8, 1990.
P120      All                 Aug. 8, 1990.
P121      All                 June 8, 1989.
P122      All                 Aug. 8, 1990.
P123      All                 Aug. 8, 1990.
P127      Mixed with          April 8, 1998.
          radioactive wastes
P127      All others          July 8, 1996.
P128      Mixed with          April 8, 1998.
          radioactive wastes
P128      All others          July 8, 1996.
P185      Mixed with          April 8, 1998.
          radioactive wastes
P185      All others          July 8, 1996.
P188      Mixed with          April 8, 1998.
          radioactive wastes
P188      All others          July 8, 1996.
P189      Mixed with          April 8, 1998.
          radioactive wastes
P189      All others          July 8, 1996.
P190      Mixed with          April 8, 1998.
          radioactive wastes
P190      All others          July 8, 1996.
P191      Mixed with          April 8, 1998.
          radioactive wastes
P191      All others          July 8, 1996.
P192      Mixed with          April 8, 1998.
          radioactive wastes
P192      All others          July 8, 1996.
P194      Mixed with          April 8, 1998.
          radioactive wastes
P194      All others          July 8, 1996.
P196      Mixed with          April 8, 1998.
          radioactive wastes
P196      All others          July 8, 1996.
P197      Mixed with          April 8, 1998.
          radioactive wastes
P197      All others          July 8, 1996.
P198      Mixed with          April 8, 1998.
          radioactive wastes
P198      All others          July 8, 1996.
P199      Mixed with          April 8, 1998.
          radioactive wastes
P199      All others          July 8, 1996.
P201      Mixed with          April 8, 1998.
          radioactive wastes
P201      All others          July 8, 1996.
P202      Mixed with          April 8, 1998.
          radioactive wastes
P202      All others          July 8, 1996.
P203      Mixed with          April 8, 1998.
          radioactive wastes
P203      All others          July 8, 1996.
P204      Mixed with          April 8, 1998.
          radioactive wastes
P204      All others          July 8, 1996.
P205      Mixed with          April 8, 1998.
          radioactive wastes
P205      All others          July 8, 1996.
U001      All                 Aug. 8, 1990.
U002      All                 Aug. 8, 1990.
U003      All                 Aug. 8, 1990.
U004      All                 Aug. 8, 1990.
U005      All                 Aug. 8, 1990.
U006      All                 Aug. 8, 1990.
U007      All                 Aug. 8, 1990.
U008      All                 Aug. 8, 1990.
U009      All                 Aug. 8, 1990.
U010      All                 Aug. 8, 1990.
U011      All                 Aug. 8, 1990.
U012      All                 Aug. 8, 1990.
U014      All                 Aug. 8, 1990.
U015      All                 Aug. 8, 1990.
U016      All                 Aug. 8, 1990.
U017      All                 Aug. 8, 1990.
U018      All                 Aug. 8, 1990.
U019      All                 Aug. 8, 1990.
U020      All                 Aug. 8, 1990.
U021      All                 Aug. 8, 1990.
U022      All                 Aug. 8, 1990.
U023      All                 Aug. 8, 1990.
U024      All                 Aug. 8, 1990.
U025      All                 Aug. 8, 1990.
U026      All                 Aug. 8, 1990.
U027      All                 Aug. 8, 1990.
U028      All                 June 8, 1989.
U029      All                 Aug. 8, 1990.
U030      All                 Aug. 8, 1990.
U031      All                 Aug. 8, 1990.
U032      All                 Aug. 8, 1990.
U033      All                 Aug. 8, 1990.
U034      All                 Aug. 8, 1990.
U035      All                 Aug. 8, 1990.
U036      All                 Aug. 8, 1990.
U037      All                 Aug. 8, 1990.
U038      All                 Aug. 8, 1990.
U039      All                 Aug. 8, 1990.
U041      All                 Aug. 8, 1990.
U042      All                 Aug. 8, 1990.
U043      All                 Aug. 8, 1990.
U044      All                 Aug. 8, 1990.
U045      All                 Aug. 8, 1990.
U046      All                 Aug. 8, 1990.
U047      All                 Aug. 8, 1990.
U048      All                 Aug. 8, 1990.
U049      All                 Aug. 8, 1990.
U050      All                 Aug. 8, 1990.
U051      All                 Aug. 8, 1990.
U052      All                 Aug. 8, 1990.
U053      All                 Aug. 8, 1990.
U055      All                 Aug. 8, 1990.
U056      All                 Aug. 8, 1990.
U057      All                 Aug. 8, 1990.
U058      All                 June 8, 1989.
U059      All                 Aug. 8, 1990.
U060      All                 Aug. 8, 1990.
U061      All                 Aug. 8, 1990.
U062      All                 Aug. 8, 1990.
U063      All                 Aug. 8, 1990.
U064      All                 Aug. 8, 1990.
U066      All                 Aug. 8, 1990.
U067      All                 Aug. 8, 1990.
U068      All                 Aug. 8, 1990.
U069      All                 June 30, 1992.
U070      All                 Aug. 8, 1990.
U071      All                 Aug. 8, 1990.
U072      All                 Aug. 8, 1990.
U073      All                 Aug. 8, 1990.
 
U074  All                 Aug. 8, 1990.
U075  All                 Aug. 8, 1990.
U076  All                 Aug. 8, 1990.
U077  All                 Aug. 8, 1990.
U078  All                 Aug. 8, 1990.
U079  All                 Aug. 8, 1990.
U080  All                 Aug. 8, 1990.
U081  All                 Aug. 8, 1990.
U082  All                 Aug. 8, 1990.
U083  All                 Aug. 8, 1990.
U084  All                 Aug. 8, 1990.
U085  All                 Aug. 8, 1990.
U086  All                 Aug. 8, 1990.
U087  All                 June 8, 1989.
U088  All                 June 8, 1989.
U089  All                 Aug. 8, 1990.
U090  All                 Aug. 8, 1990.
U091  All                 Aug. 8, 1990.
U092  All                 Aug. 8, 1990.
U093  All                 Aug. 8, 1990.
U094  All                 Aug. 8, 1990.
U095  All                 Aug. 8, 1990.
U096  All                 Aug. 8, 1990.
U097  All                 Aug. 8, 1990.
U098  All                 Aug. 8, 1990.
U099  All                 Aug. 8, 1990.
U101  All                 Aug. 8, 1990.
U102  All                 June 8, 1989.
U103  All                 Aug. 8, 1990.
U105  All                 Aug. 8, 1990.
U106  All                 Aug. 8, 1990.
U107  All                 June 8, 1989.
U108  All                 Aug. 8, 1990.
U109  All                 Aug. 8, 1990.
U110  All                 Aug. 8, 1990.
U111  All                 Aug. 8, 1990.
U112  All                 Aug. 8, 1990.
U113  All                 Aug. 8, 1990.
U114  All                 Aug. 8, 1990.
U115  All                 Aug. 8, 1990.
U116  All                 Aug. 8, 1990.
U117  All                 Aug. 8, 1990.
U118  All                 Aug. 8, 1990.
U119  All                 Aug. 8, 1990.
U120  All                 Aug. 8, 1990.
U121  All                 Aug. 8, 1990.
U122  All                 Aug. 8, 1990.
U123  All                 Aug. 8, 1990.
U124  All                 Aug. 8, 1990.
U125  All                 Aug. 8, 1990.
U126  All                 Aug. 8, 1990.
U127  All                 Aug. 8, 1990.
U128  All                 Aug. 8, 1990.
U129  All                 Aug. 8, 1990.
U130  All                 Aug. 8, 1990.
U131  All                 Aug. 8, 1990.
U132  All                 Aug. 8, 1990.
U133  All                 Aug. 8, 1990.
U134  All                 Aug. 8, 1990.
U135  All                 Aug. 8, 1990.
U136  Wastewater          Aug. 8, 1990.
U136  Nonwastewater       May 8, 1992.
U137  All                 Aug. 8, 1990.
U138  All                 Aug. 8, 1990.
U140  All                 Aug. 8, 1990.
U141  All                 Aug. 8, 1990.
U142  All                 Aug. 8, 1990.
U143  All                 Aug. 8, 1990.
U144  All                 Aug. 8, 1990.
U145  All                 Aug. 8, 1990.
U146  All                 Aug. 8, 1990.
U147  All                 Aug. 8, 1990.
U148  All                 Aug. 8, 1990.
U149  All                 Aug. 8, 1990.
U150  All                 Aug. 8, 1990.
U151  Wastewater          Aug. 8, 1990.
U151  Nonwastewater       May 8, 1992.
U152  All                 Aug. 8, 1990.
U153  All                 Aug. 8, 1990.
U154  All                 Aug. 8, 1990.
U155  All                 Aug. 8, 1990.
U156  All                 Aug. 8, 1990.
U157  All                 Aug. 8, 1990.
U158  All                 Aug. 8, 1990.
U159  All                 Aug. 8, 1990.
U160  All                 Aug. 8, 1990.
U161  All                 Aug. 8, 1990.
U162  All                 Aug. 8, 1990.
U163  All                 Aug. 8, 1990.
U164  All                 Aug. 8, 1990.
U165  All                 Aug. 8, 1990.
U166  All                 Aug. 8, 1990.
U167  All                 Aug. 8, 1990.
U168  All                 Aug. 8, 1990.
U169  All                 Aug. 8, 1990.
U170  All                 Aug. 8, 1990.
U171  All                 Aug. 8, 1990.
U172  All                 Aug. 8, 1990.
U173  All                 Aug. 8, 1990.
U174  All                 Aug. 8, 1990.
U176  All                 Aug. 8, 1990.
U177  All                 Aug. 8, 1990.
U178  All                 Aug. 8, 1990.
U179  All                 Aug. 8, 1990.
U180  All                 Aug. 8, 1990.
U181  All                 Aug. 8, 1990.
U182  All                 Aug. 8, 1990.
U183  All                 Aug. 8, 1990.
U184  All                 Aug. 8, 1990.
U185  All                 Aug. 8, 1990.
U186  All                 Aug. 8, 1990.
U187  All                 Aug. 8, 1990.
U188  All                 Aug. 8, 1990.
U189  All                 Aug. 8, 1990.
U190  All                 June 8, 1989.
U191  All                 Aug. 8, 1990.
U192  All                 Aug. 8, 1990.
U193  All                 Aug. 8, 1990.
U194  All                 Aug. 8, 1990.
U196  All                 Aug. 8, 1990.
U197  All                 Aug. 8, 1990.
U200  All                 Aug. 8, 1990.
U201  All                 Aug. 8, 1990.
U202  All                 Aug. 8, 1990.
U203  All                 Aug. 8, 1990.
U204  All                 Aug. 8, 1990.
U205  All                 Aug. 8, 1990.
U206  All                 Aug. 8, 1990.
U207  All                 Aug. 8, 1990.
U208  All                 Aug. 8, 1990.
U209  All                 Aug. 8, 1990.
U210  All                 Aug. 8, 1990.
U211  All                 Aug. 8, 1990.
U213  All                 Aug. 8, 1990.
U214  All                 Aug. 8, 1990.
U215  All                 Aug. 8, 1990.
U216  All                 Aug. 8, 1990.
U217  All                 Aug. 8, 1990.
U218  All                 Aug. 8, 1990.
U219  All                 Aug. 8, 1990.
U220  All                 Aug. 8, 1990.
U221  All                 June 8, 1989.
U222  All                 Aug. 8, 1990
U223  All                 June 8, 1989.
U225  All                 Aug. 8, 1990.
U226  All                 Aug. 8, 1990.
U227  All                 Aug. 8, 1990.
U228  All                 Aug. 8, 1990.
U234  All                 Aug. 8, 1990.
U235  All                 June 8, 1989.
U236  All                 Aug. 8, 1990.
U237  All                 Aug. 8, 1990.
U238  All                 Aug. 8, 1990.
U239  All                 Aug. 8, 1990.
U240  All                 Aug. 8, 1990.
U243  All                 Aug. 8, 1990.
U244  All                 Aug. 8, 1990.
U246  All                 Aug. 8, 1990.
U247  All                 Aug. 8, 1990.
U248  All                 Aug. 8, 1990.
U249  All                 Aug. 8, 1990.
U271  Mixed with          April 8, 1998.
      radioactive wastes
U271  All others          July 8, 1996.
U277  Mixed with          April 8, 1998.
      radioactive wastes
U277  All others          July 8, 1996.
U278  Mixed with          April 8, 1998.
      radioactive wastes
U278  All others          July 8, 1996.
U279  Mixed with          April 8, 1998.
      radioactive wastes
U279  All others          July 8, 1996.
U280  Mixed with          April 8, 1998.
      radioactive wastes
U280  All others          July 8, 1996.
U328  Mixed with          June 30, 1994.
      radioactive wastes
U328  All others          Nov. 9, 1992.
U353  Mixed with          June 30, 1994.
      radioactive wastes
U353  All others          Nov. 9, 1992.
U359  Mixed with          June 30, 1994.
      radioactive wastes
U359  All others          Nov. 9, 1992.
U364  Mixed with          April 8, 1998.
      radioactive wastes
U364  All others          July 8, 1996.
U365  Mixed with          April 8, 1998.
      radioactive wastes
U365  All others          July 8, 1996.
U366  Mixed with          April 8, 1998.
      radioactive wastes
U366  All others          July 8, 1996.
U367  Mixed with          April 8, 1998.
      radioactive wastes
U367  All others          July 8, 1996.
U372  Mixed with          April 8, 1998.
      radioactive wastes
U372  All others          July 8, 1996.
U373  Mixed with          April 8, 1998.
      radioactive wastes
U373  All others          July 8, 1996.
U375  Mixed with          April 8, 1998.
      radioactive wastes
U375  All others          July 8, 1996.
U376  Mixed with          April 8, 1998.
      radioactive wastes
U376  All others          July 8, 1996.
U377  Mixed with          April 8, 1998.
      radioactive wastes
U377  All others          July 8, 1996.
U378  Mixed with          April 8, 1998.
      radioactive wastes
U378  All others          July 8, 1996.
U379  Mixed with          April 8, 1998.
      radioactive wastes
U379  All others          July 8, 1996.
U381  Mixed with          April 8, 1998.
      radioactive wastes
U381  All others          July 8, 1996.
U382  Mixed with          April 8, 1998.
      radioactive wastes
U382  All others          July 8, 1996.
U383  Mixed with          April 8, 1998.
      radioactive wastes
U383  All others          July 8, 1996.
U384  Mixed with          April 8, 1998.
      radioactive wastes
U384  All others          July 8, 1996.
U385  Mixed with          April 8, 1998.
      radioactive wastes
U385  All others          July 8, 1996.
U386  Mixed with          April 8, 1998.
      radioactive wastes
U386  All others          July 8, 1996.
U387  Mixed with          April 8, 1998.
      radioactive wastes
U387  All others          July 8, 1996.
U389  Mixed with          April 8, 1998.
      radioactive wastes
U389  All others          July 8, 1996.
U390  Mixed with          April 8, 1998.
      radioactive wastes
U390  All others          July 8, 1996.
U391  Mixed with          April 8, 1998.
      radioactive wastes
U391  All others          July 8, 1996.
U392  Mixed with          April 8, 1998.
      radioactive wastes
U392  All others          July 8, 1996.
U393  Mixed with          April 8, 1998.
      radioactive wastes
U393  All others          July 8, 1996.
U394  Mixed with          April 8, 1998.
      radioactive wastes
U394  All others          July 8, 1996.
U395  Mixed with          April 8, 1998.
      radioactive wastes
U395  All others          July 8, 1996.
U396  Mixed with          April 8, 1998.
      radioactive wastes
U396  All others          July 8, 1996.
U400  Mixed with          April 8, 1998.
      radioactive wastes
U400  All others          July 8, 1996.
U401  Mixed with          April 8, 1998.
      radioactive wastes
U401  All others          July 8, 1996.
U402  Mixed with          April 8, 1998.
      radioactive wastes
U402  All others          July 8, 1996.
U403  Mixed with          April 8, 1998.
      radioactive wastes
U403  All others          July 8, 1996.
U404  Mixed with          April 8, 1998.
      radioactive wastes
U404  All others          July 8, 1996.
U407  Mixed with          April 8, 1998.
      radioactive wastes
U407  All others          July 8, 1996.
U409  Mixed with          April 8, 1998.
      radioactive wastes
U409  All others          July 8, 1996.
U410  Mixed with          April 8, 1998.
      radioactive wastes
U410  All others          July 8, 1996.
U411  Mixed with          April 8, 1998.
      radioactive wastes
U411  All others          July 8, 1996.
 
[FNa] This table does not include mixed radioactive wastes (from the First, Second, and Third Third rules) which received national capacity variance until May 8, 1992. This table also does not include contaminated soil and debris wastes. 
[FNb] The standard was revised in the Third Third Final Rule (55 Federal Register 22520, June 1, 1990). 
[FNc] The standard was revised in the Third Third Emergency Rule (58 Federal Register 29860, May 24, 1993); the original effective date was August 8, 1990. 
[FNd] The standard was revised in the Phase II Final Rule (59 Federal Register 47982, Sept. 19, 1994); the original effective date was August 8, 1990. NOTE: This table is provided for the convenience of the reader.

 



Appendix VII. -Table 2. Summary of Effective Dates of Land Disposal Restrictions for Contaminated Soil and Debris (CSD)
Restricted hazardous waste in CSD         Effective
           Date
1. Solvent-(F001-F005) and dioxin-(F020-F023 and         Nov. 8,
           1990.
F026-F028) containing soil and debris from CERCLA
response or RCRA corrective actions.
2. Soil and debris not from CERCLA response or RCRA         Nov. 8,
           1988.
corrective actions contaminated with less than 1%
total solvents (F001-F005) or dioxins (F020-F023
and F026-F028)
3. All soil and debris contaminated with First Third wastes         Aug. 8,
           1990.
for which treatment standards are based on incineration.
4. All soil and debris contaminated with Second Third         June 8,
           1991.
wastes for which treatment standards are based on
on incineration.
5. All soil debris contaminated with Third Third wastes or,         May 8,
           1992.
First or Second Third "soft hammer" wastes which had
treatment standards promulgated in the Third Third rule,
for which treatment standards are based on incineration,
 Vitrification, or mercury retorting, acid leaching followed
by chemical precipitation, or thermal recovery of metals;
as well as all inorganic solids debris contaminated with
D004-D011 wastes, and all soil and debris contaminated
with mixed RCRA/radioactive wastes.
6. Soil and debris contaminated with D012-D043,         Dec. 19,
           1994.
K141-K145, and K147-151 wastes.
7. Debris (only) contaminated with F037, F038, K107-K112,         Dec. 19,
           1994
K117, K118, K123-K126, K131, K132, K136, U328,
U353, U359
8. Soil and debris contaminated K088, K156-K159,         July 8,
           1996.
K161, P127, P128, P185, P188-P192, P194, P196-P199,
P201-P205, U271, U278-U280, U364, U367, U372, U387,
U389, U394, U395, U404, and U409-U411 wastes.
9. Soil and debris contaminated with K088 wastes.         Oct. 8,
           1997.
10. Soil and debris contaminated with radioactive wastes         April 8,
           1998.
mixed with K088, K156-K159, K161, P127, P128, P185,
P188-P192, P194, P196-P199, P201-P205, U271,
U278-U280, U364, U367, U372, U373, U387, U389,
U394, U395, U404, and U409-U411 wastes.
11. Soil and debris contaminated with F032, F034, and F035.         May 12,
           1999.
12. Soil and debris contaminated with newly identified         Aug. 24,
           1998.
D004-D011 toxicity characteristic wastes and mineral
processing wastes.
13. Soil and debris contaminated with mixed radioactive         May 26,
           2000.
newly identified D004-D011 characteristic wastes and
mineral processing wastes.
Note: 1 Appendix VII is provided for the convenience of the
  reader.
 

 



Appendix VIII. -LDR Effective Dates of Injected Prohibited Hazardous Wastes
           NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES [FNa]
Waste code                Waste category  Effective date
F001-F005                 All spent F001-F005 solvent  Aug. 8, 1990.
                          containing less than 1 percent
                          total F001-F005 solvent
                          constituents.
D001 (except High         All  Feb. 10, 1994.
TOC Ignitable Liquids
Subcategory) [FNc]
D001 (High TOC            Nonwastewater  Sept. 19, 1995.
Igniable Charactertistic
 Liquids Subcategory)
D002 [FNb]                All  May 8, 1992.
D002 [FNc]                All  Feb. 10, 1994.
D003 (cyanides)           All  May 8, 1992.
D003 (sulfides)           All  May 8, 1992.
D003 (explosives,         All  May 8, 1992.
reactives)
D007                      All  May 8, 1992.
D009                      Nonwastewater  May 8, 1992.
D012                      All  Sept. 19, 1995.
D013                      All  Sept. 19, 1995.
D014                      All  Sept. 19, 1995.
D015                      All  Sept. 19, 1995.
D016                      All  Sept. 19, 1995.
D017                      All  Sept. 19, 1995.
D018                      All, including mixed with  April 8, 1998.
                          radioactive wastes
D019                      All, including mixed with  April 8, 1998.
                          radioactive wastes
D020                      All, including mixed with  April 8, 1998.
                          radioactive wastes
D021                      All, including mixed with  April 8, 1998.
                          radioactive wastes
D022                      All, including mixed with  April 8, 1998.
                          radioactive wastes
D023                      All, including mixed  April 8, 1998.
                          radioactive wastes
D024                      All, including mixed  April 8, 1998.
                          radioactive wastes
D025                      All, including mixed  April 8, 1998.
                          radioactive wastes
D026                      All, including mixed  April 8, 1998.
                          radioactive wastes
D027                      All, including mixed  April 8, 1998.
                          radioactive wastes
D028                      All, including mixed  April 8, 1998.
                          radioactive wastes
D029                      All, including mixed  April 8, 1998.
                          radioactive wastes
D030                      All, including mixed  April 8, 1998.
                          radioactive wastes
D031                      All, including mixed  April 8, 1998.
                          radioactive wastes
D032                      All, including mixed  April 8, 1998.
                          radioactive wastes
D033                      All, including mixed  April 8, 1998.
                          radioactive wastes
D034                      All, including mixed  April 8, 1998.
                          radioactive wastes
D035                      All, including mixed  April 8, 1998.
                          radioactive wastes
D036                      All, including mixed  April 8, 1998.
                          radioactive wastes
D037                      All, including mixed  April 8, 1998.
                          radioactive wastes
D038                      All, including mixed  April 8, 1998.
                          radioactive wastes
D039                      All, including mixed  April 8, 1998.
                          radioactive wastes
D040                      All, including mixed  April 8, 1998.
                          radioactive wastes
D041                      All, including mixed  April 8, 1998.
                          radioactive wastes
D042                      All, including mixed  April 8, 1998.
                          radioactive wastes
D043                      All, including mixed  April 8, 1998.
                          radioactive wastes
F007                      All  June 8, 1991.
F032                      All, including mixed  May 12, 1999.
                          radioactive wastes
F034                      All, including mixed  May 12, 1999.
                          radioactive wastes
F035                      All, including mixed  May 12, 1999.
                          radioactive wastes
F037                      All  Nov. 8, 1992.
F038                      All  Nov. 8, 1992.
F039                      Wastewater  May 8, 1992.
K009                      Wastewater  June 8, 1991.
K011                      Nonwastewater  June 8, 1991.
K011                      Wastewater  May 8, 1992.
K013                      Nonwastewater  June 8, 1991.
K013                      Wastewater  May 8, 1992.
K014                      All  May 8, 1992.
K016 (dilute)             All  June 8, 1991.
K049                      All  Aug. 8, 1990.
K050                      All  Aug. 8, 1990.
K051                      All  Aug. 8, 1990.
K052                      All  Aug. 8, 1990.
K062                      All  Aug. 8, 1990.
K071                      All  Aug. 8, 1990.
K088                      All  Jan. 8, 1997.
K104                      All  Aug. 8, 1990.
K107                      All  Nov. 8, 1992.
K108                      All  Nov. 9, 1992.
K109                      All  Nov. 9, 1992.
K110                      All  Nov. 9, 1992.
K111                      All  Nov. 9, 1992.
K112                      All  Nov. 9, 1992.
K117                      All  June 30, 1995.
K118                      All  June 30, 1995.
K123                      All  Nov. 9, 1992.
K124                      All  Nov. 9, 1992.
K125                      All  Nov. 9, 1992.
K126                      All  Nov. 9, 1992.
K131                      All  June 30, 1995.
K132                      All  June 30, 1995.
K136                      All  Nov. 9, 1992.
K141                      All  Dec. 19, 1994.
K142                      All  Dec. 19, 1994.
K143                      All  Dec. 19, 1994.
K144                      All  Dec. 19, 1994.
K145                      All  Dec. 19, 1994.
K147                      All  Dec. 19, 1994.
K148                      All  Dec. 19, 1994.
K149                      All  Dec. 19, 1994.
K150                      All  Dec. 19, 1994.
K151                      All  Dec. 19, 1994.
K156                      All  July 8, 1996.
K157                      All  July 8, 1996.
K158                      All  July 8, 1996.
K159                      All  July 8, 1996.
K160                      All  July 8, 1996.
K161                      All  July 8, 1996.
NA                        Newly identified mineral  May 26, 2000
                          processingwastes from titanium
                          dioxideproduction and mixed
                          radioactive/newly identified
                          D004-D011 characteristic wastes
                          and mineral processing wastes
P127                      All  July 8, 1996.
P128                      All  July 8, 1996.
P185                      All  July 8, 1996.
P188                      All  July 8, 1996.
P189                      All  July 8, 1996.
P190                      All  July 8, 1996.
P191                      All  July 8, 1996.
P192                      All  July 8, 1996.
P194                      All  July 8, 1996.
P196                      All  July 8, 1996.
P197                      All  July 8, 1996.
P198                      All  July 8, 1996.
P199                      All  July 8, 1996.
P201                      All  July 8, 1996.
P202                      All  July 8, 1996.
P203                      All  July 8, 1996.
P204                      All  July 8, 1996.
P205                      All  July 8, 1996.
U271                      All  July 8, 1996.
U277                      All  July 8, 1996.
U278                      All  July 8, 1996.
U279                      All  July 8, 1996.
U280                      All  July 8, 1996.
U328                      All  Nov. 9, 1992.
U353                      All  Nov. 9, 1992.
U359                      All  Nov. 9, 1992.
U364                      All  July 8, 1996.
U365                      All  July 8, 1996.
U366                      All  July 8, 1996.
U367                      All  July 8, 1996.
U372                      All  July 8, 1996.
U373                      All  July 8, 1996.
U375                      All  July 8, 1996.
U376                      All  July 8, 1996.
U377                      All  July 8, 1996.
U378                      All  July 8, 1996.
U379                      All  July 8, 1996.
U381                      All  July 8, 1996.
U382                      All  July 8, 1996.
U383                      All  July 8, 1996.
U384                      All  July 8, 1996.
U385                      All  July 8, 1996.
U386                      All  July 8, 1996.
U387                      All  July 8, 1996.
U389                      All  July 8, 1996.
U390                      All  July 8, 1996.
U391                      All  July 8, 1996.
U392                      All  July 8, 1996.
U393                      All  July 8, 1996.
U394                      All  July 8, 1996.
U395                      All  July 8, 1996.
U396                      All  July 8, 1996.
U400                      All  July 8, 1996.
U401                      All  July 8, 1996.
U402                      All  July 8, 1996.
U403                      All  July 8, 1996.
U404                      All  July 8, 1996.
U407                      All  July 8, 1996.
U409                      All  July 8, 1996.
U410                      All  July 8, 1996.
U411                      All  July 8, 1996.
 
[FNa] Wastes that are deep well disposed on-site receive a six-month variance, with restrictions effective in November 1990. 
[FNb] Deepwell injected D002 liquids with a pH less than 2 must meet the California List treatment standards on August 8, 1990. 
[FNc] Managed in systems defined in 40 CFR 144.6(e) 40 CFR 144.6(e) and 14.6(e) as Class V injection wells, that do not engage in federal CWA-equivalent treatment before injection. Note: This table is provided for the convenience of the reader.

 



Appendix IX. -Extraction Procedure (EP)
Toxicity Test Method and Structural Integrity Test (SW-846, Method 1310A)
 
Note: The EP (Method 1310) is published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846, as incorporated by reference in section 66260.11.
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 

 



Appendix X. [Reserved]

 



Appendix XI. -Metal Bearing Wastes Prohibited From Dilution in a Combustion Unit According to section 66268.3(b) [FN1]
Waste Code  Waste description
D004......  Toxicity Characteristic for Arsenic.
D005......  Toxicity Characteristic for Barium
D006......  Toxicity Characteristic for Cadmium.
D007......  Toxicity Characteristic for Chromium.
D008......  Toxicity Characteristic for Lead.
D009......  Toxicity Characteristic for Mercury.
D010......  Toxicity Characteristic for Selenium.
D011......  Toxicity Characteristic for Silver.
F006......  Wastewater treatment sludges from
            electroplating operations except from the
            following processes: (1) sulfuric acid
            anodizing of aluminum; (2) tin plating carbon steel; (3) zinc
              plating (segregated basis) on
            carbon steel; (4) aluminum or zinc-plating on
            carbon steel; (5) cleaning/stripping
            associated with tin, zinc and aluminum
            plating on carbon steel; and (6) chemical
            etching and milling of aluminum.
F007......  Spent cyanide plating bath solutions from
            electroplating operations.
F008......  Plating bath residues from the bottom of
            plating baths from electroplating operations
            where cyanides are used in the process.
F009......  Spent stripping and cleaning bath solutions
            from electroplating operations where
            cyanides are used in the process.
F010......  Quenching bath residues from oil baths from
            metal treating operations where cyanides are
            used in the process.
F011......  Spent cyanide solutions from salt bath pot
            cleaning from metal heat treating operations.
F012......  Quenching waste water treatment sludges
            from metal heat treating operations where
            cyanides are used in the process.
F019......  Wastewater treatment sludges from the
            chemical conversion coating of aluminum
            except from zirconium phosphating in
            aluminum car washing when such
            phosphating is an exclusive conversion
            coating process.
K002......  Wastewater treatment sludge from the
            production of chrome yellow and orange
            pigments.
K003......  Wastewater treatment sludge from the
            production of molybdate orange pigments.
K004......  Wastewater treatment sludge from the
            production of zinc yellow pigments.
K005......  Wastewater treatment sludge from the
            production of chrome green pigments.
K006......  Wastewater treatment sludge from the
            production of chrome oxide green pigments
            (anhydrous and hydrated).
K007......  Wastewater treatment sludge from the
            production of iron blue pigments.
K008......  Oven residue fromthe production of
            chrome oxide green pigments.
K061......  Emission control dust/sludge from the
            primary production of steel in electric
            furnaces.
K069......  Emission control dust/sludge from secondary
            lead smelting.
K071......  Brine purification muds from the mercury cell
            processes in chlorine production, where
            separately prepurified brine is not used.
K100......  Waste leaching solution from acid leaching
            of emission control dust/sludge from
            secondary lead smelting.
K106......  Sludges from the mercury cell processes for
            making chlorine.
P010......  Arsenic acid H3ASO4
P011......  Arsenic oxide AS2O5
P012......  Arsenic trioxide
P013......  Barium cyanide
P015......  Beryllium
P029......  Copper cyanide Cu(CN)
P074......  Nickel cyanide Ni(CN)
P087......  Osmium tetroxide
P099......  Potassium silver cyanide
P104......  Silver cyanide
P113......  Thallic oxide
P114......  Thallium (l) selenite
P115......  Thallium (l) sulfate
P119......  Ammonium vanadate
P120......  Vanadium oxide V2O5
P121......  Zinc cyanide.
U032......  Calcium chromate.
U145......  Lead phosphate.
U151......  Mercury.
U204......  Selenious acid.
U205......  Selenium disulfide.
U216......  Thallium (l) chloride.
U217......  Thallium (l) nitrate.
 
[FNa1] A combustion unit is defined as any thermaltechnology subject to  CCR, Title 22, division 4.5, chapter 14, article 14 or chapter 15, article 15 and/or chapter 16, article 8.

 



s 66270.1. Purpose and Scope of These Regulations.
 (a) Coverage.
(1) These permit regulations establish provisions for the issuance and administration of hazardous waste permits pursuant to chapter 6.5 of division 20 of the Health and Safety Code (commencing with section 25100).
(2) The regulations in this chapter cover basic permitting requirements, such as application requirements, standard permit conditions, and monitoring and reporting requirements. These regulations are part of a regulatory scheme implementing chapter 6.5 (commencing with section 25100) of division 20 of the Health and Safety Code, set forth in different parts of Title 22, California Code of Regulations.
(3) Technical regulations. The permit program has separate additional regulations that contain technical requirements. These separate regulations are used by the Department to determine what requirements shall be placed in permits if they are issued. These separate regulations are located in chapters 14 and 16 of this division.
(b) Overview of the Permit Program. Not later than 90 days after the promulgation or revision of regulations in chapter 11 of this division, which result in a waste becoming subject to the requirements of this division, generators and transporters of that hazardous waste, and owners or operators of hazardous waste facilities that transfer, treat, store, or dispose of that waste shall file a notification of that activity under Health and Safety Code section 25153.6. After the promulgation of the chapter 11 regulations, transfer, treatment, storage or disposal of the newly regulated hazardous waste by any person who has not filed a notification with the Department and received a permit or grant of interim status is prohibited unless otherwise specifically authorized by the Department or another provision of this division. A permit application consists of two parts, Part A (see section 66270.13) and Part B (see section 66270.14 and applicable sections in sections 66270.15 through 66270.23). For "existing HWM facilities," the requirement to submit an application is satisfied by submitting only Part A of the permit application until the date the Department sets for submitting Part B of the application. (Part A consists of Forms 1 and 3 of the Consolidated Permit Application Forms.) Timely submission of both notification under Health and Safety Code section 25153.6 and Part A qualifies owners and operators of existing HWM facilities (who are required to have a permit) for interim status under section 25200.5 of the Health and Safety Code. Facility owners and operators with interim status are treated as having been issued a permit until the Department makes a final determination on the permit application. Facility owners and operators with interim status shall comply with interim status standards set forth in chapter 15 of this division. For existing HWM facilities, the Department shall set a date, giving at least 60 days notice, for submission of Part B of the application.
There is no form for Part B of the application; rather, Part B shall be submitted in narrative form and contain the information set forth in the applicable sections of sections 66270.14 through 66270.23. Owners or operators of new HWM facilities shall submit Parts A and B of the permit application at least 180 days before physical construction is expected to commence.
(c) Scope of the Permit Requirements. A permit is required for the "transfer,"  "treatment," "storage," and "disposal" of any waste which is hazardous waste pursuant to section 66261.3. The terms "transfer," "treatment," "storage," "disposal," and "hazardous waste" are defined in section 66260.10. Owners and operators of hazardous waste management units shall have permits during the active life (including the closure period) of the unit. Owners or operators of surface impoundments, landfills, land treatment units, and waste pile units that received wastes after July 26, 1982, or that certified closure (according to section 66265.115) after January 26, 1983, shall have post-closure permits, unless they demonstrate closure by removal as provided under subsections (c)(5) and (6) of this section. If a post-closure permit is required, the permit shall address applicable chapter 14 Water Quality Monitoring, Environmental Monitoring, Corrective Action, and Post-closure Care Requirements of this division. The denial of a permit for the active life of a hazardous waste management facility or unit does not affect the requirement to obtain a post-closure permit under this section.
(1) Specific inclusions. Owners and operators of certain facilities require hazardous waste facility permits as well as permits under other programs for certain aspects of the facility operation. Permits are required for:
(A) injection wells that dispose of hazardous waste, and associated surface facilities that transfer, treat, store or dispose of hazardous waste;
(B) transfer, treatment, storage, or disposal of hazardous waste at facilities requiring an NPDES permit. However, the owner or operator of a publicly owned treatment works receiving hazardous waste shall be deemed to have a permit for treatment of that waste if the owner or operator complies with the requirements of section 66270.60(d)(1).
(C) barges or vessels that dispose of hazardous waste by ocean disposal. However, the owner or operator shall be deemed to have a permit for ocean disposal from the barge or vessel if the owner or operator complies with the requirements of section 66270.60(d)(2).
(D) treatment of hazardous wastes using a Transportable Treatment Unit (TTU). However, the owner or operator of a transportable treatment unit (TTU) shall be deemed to have a permit to operate the TTU when the owner or operator submits completed TTU notifications as specified in Section 67450.2(a) and 67450.3(a)(3) and receives acknowledgements from the Department authorizing operation of the TTU pursuant to sections 67450.2(a)(3) and 67450.3(b).
(E) treatment of hazardous wastes using a Fixed Treatment Unit (FTU). However, the owner or operator of a fixed treatment unit (FTU) shall be deemed to have a permit to operate the FTU when the owner or operator submits a completed FTU facility-specific notification as specified in Section 67450.2(b) and receives an acknowledgement from CUPA or authorized agency authorizing operation of the FTU pursuant to section 67450.2(b)(5).
(F) operation of a temporary household hazardous waste collection facility  (THHWCF). However, the operator of a THHWCF shall be deemed to have a permit to operate the THHWCF when the operator submits a completed THHWCF notification as specified in Section 66270.60(d)(5)(A).
(2) Specific exclusions. The following persons are among those who are not required to obtain a permit:
(A) generators who accumulate hazardous waste on-site without meeting the definition of a storage facility set forth in Health and Safety Code Section 25123.3.
(B) farmers who dispose of hazardous waste pesticides from their own use as provided in section 66262.70;
(C) transporters storing manifested shipments of hazardous waste in containers at a transfer facility, and transfer facilities storing manifested shipments of hazardous waste in containers, for six days or less, or 10 days or less for transfer facilities in areas zoned industrial by the local planning authority, and meeting the requirements of sections 66262.30 and 66263.18;
(D) persons adding absorbent material to waste in a container (as defined in section 66260.10 of this division) and persons adding waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and sections 66264.17(b), 66264.171, and 66264.172 of this division are complied with.
(E) Persons who manage universal waste. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.
(3) Further exclusions.
(A) A person is not required to obtain a permit for treatment or containment activities which are necessary to perform an immediate response to any of the following situations:
1. a discharge of a hazardous waste;
2. an imminent and substantial threat of a discharge of hazardous waste;
3. a discharge of a material which, when discharged, becomes a hazardous waste.
(B) Any person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter for those activities.
(4) Permits for less than an entire facility. The Department may issue or deny a permit for one or more units at a facility without simultaneously issuing or denying a permit to all of the units at the facility. The interim status of any unit for which a permit has not been issued or denied is not affected by the issuance or denial of a permit to any other unit at the facility.
(5) Closure by removal. Owners/operators of surface impoundments, land treatment units, and waste piles closing by removal or decontamination under the standards of chapter 15 of this division shall obtain a post-closure permit unless they can demonstrate to the Department that the closure met the standards for closure-by-removal or decontamination in sections 66264.228, 66264.280(e), or 66264.258, respectively. The demonstration may be made in the following ways:
(A) if the owner/operator has submitted a Part B application for a post-closure permit, the owner/operator may request a determination, based on information contained in the application, that the closure-by-removal or decontamination standards of chapter 14 of this division were met. If the Department believes that the chapter 14 standards were met, the Department will notify the public of this proposed decision, allow for public comment, and reach a final determination according to the procedures in paragraph (c)(6) of this section.
(B) If the owner/operator has not submitted a Part B application for a post-closure permit, the owner/operator may petition the Department for a determination that a post-closure permit is not required because the closure met the applicable closure-by-removal or decontamination standards of chapter 14 of this division.
1. The petition shall include data demonstrating that the applicable chapter 14 closure-by-removal or decontamination standards were met.
2. The Department shall approve or deny the petition according to the procedures outlined in subsection (c)(6) of this section.
(6) Procedures for closure equivalency determination.
(A) If a facility owner/operator seeks an equivalency demonstration under section 66270.1(c)(5), the Department shall provide the public, through a newspaper notice, the opportunity to submit written comments on the information submitted by the owner/operator within 30 days from the date of the notice. The Department shall also, in response to a request or at the Department's own discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the equivalence of the closure under chapter 15 of this division to a closure-by-removal or decontamination under chapter 14 of this division. The Department shall give public notice of the hearing at least 30 days before it occurs. Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.
(B) The Department shall determine whether the closure under chapter 15 of this division met the closure-by-removal or decontamination requirements of chapter 14 of this division within 90 days of receipt of a petition requesting a closure equivalency determination. If the Department finds that the closure did not meet the applicable chapter 14 standards, the Department shall provide the owner/operator with a written statement of the reasons why the closure failed to meet chapter 14 standards. The owner/operator may submit additional information in support of an equivalency demonstration within 30 days after receiving such written statement. The Department shall review any additional information submitted and make a final determination within 60 days.
(C) If the Department determines that the facility did not close in accordance with the closure-by-removal or decontamination standards of chapter 14 of this division, the facility is subject to post-closure permitting requirements.
(d) Where waste discharge requirements are established pursuant to sections 13260 and 13263 of the Water Code, they shall be incorporated as a condition of the Hazardous Waste Facility Permit issued to the applicant pursuant to this chapter to the extent the Department determines the waste discharge requirements are not less stringent than this division or chapter 6.5 of division 20 of the Health and Safety Code. The Department may establish in the permit more stringent requirements which the Department determines are necessary or appropriate to carry out this division of chapter 6.5 of division 20 of the Health and Safety Code.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25159,  25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25159, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 270.1. 
  
 



s 66270.3. Considerations Under Federal Law.
The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable, its procedures shall be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also shall be followed.
(a) The Wild and Scenic Rivers Act. 16 U.S.C. section 1273 et seq.) section 7 of the Act prohibits the USEPA Regional Administrator and the Department from assisting by permit or otherwise the construction of any water resources project that would have a direct, adverse effect on the values for which a national wild and scenic river was established.
(b) The National Historic Preservation Act of 1966. (16 U.S.C. section 470 et seq.) section 106 of the Act and implementing regulations (36 CFR Part 800) require the USEPA Regional Administrator and the Department, before issuing a permit, to adopt measures when feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the National Register of Historic Places. The Act's requirements are to be implemented in cooperation with the California State Office of Historic Preservation and upon notice to, and when appropriate, in consultation with the Advisory Council on Historic Preservation.
(c) The Endangered Species Act. 16 U.S.C. section 1531 et seq.) section 7 of the Act and implementing regulations (50 CFR Part 402) require the USEPA Regional Administrator and the Department to ensure, in consultation with the Secretary of the Interior or Commerce, that any action authorized by USEPA or the Department is not likely to jeopardize the continued existence of any endangered or threatened species or adversely affect its critical habitat.
(d) The Coastal Zone Management Act. (16 U.S.C. section 1451 et seq.) section 307(c) of the Act and implementing regulations (15 CFR Part 930) prohibit USEPA and the Department from issuing a permit for an activity affecting land or water use in the coastal zone until the applicant certifies that the proposed activity complies with the California State Coastal Zone Management Program, and the California Coastal Commission concurs with the certification (or the U.S. Secretary of Commerce overrides the Commission's nonconcurrence).
(e) The Fish and Wildlife Coordination Act. 16 U.S.C. section 661 et seq. requires that the USEPA Regional Administrator and the Department, before issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion, or other control or modification of any body of water, consult with the State Department of Fish and Game exercising jurisdiction over wildlife resources to conserve those resources.
(f) Executive orders. [Reserved]
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.3. 
  
 



s 66270.4. Effect of a Permit.
 (a) The Department's issuance of a permit does not prevent the Department from adopting or amending regulations which impose additional or more stringent requirements than those in existence at the time a permit is issued and does not prevent the enforcement of these requirements against the owner or operator of a permitted facility. As part of any formal rulemaking, the Department shall specify the manner in which a proposed regulatory change is intended to apply to facilities which have been issued a hazardous waste facility permit.
(b) Not withstanding subsection (a) above, the owner or operator of a facility which has been issued a hazardous waste facility permit shall comply with conditions of the permit as well as regulations adopted by the Department.
(c) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.
(d) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25202, Health and Safety Code; 40 CFR Section 270.4. 
  
 



s 66270.5. Noncompliance and Program Reporting by the Department.
The Department shall prepare quarterly and annual reports on facilities and activities regulated under RCRA as detailed below. the Department shall submit any reports required under this section to the USEPA Regional Administrator. For purposes of this section only, permittees shall include interim status facilities, when appropriate.
(a) Quarterly reports. The Department shall submit quarterly narrative reports for major facilities as follows.
(1) Format. The report shall use the following format:
(A) information on noncompliance for each facility;
(B) alphabetize by permittee name. When two or more permittees have the same name, the lowest permit number shall be entered first;
(C) for each entry on the list, include the following information in the following order:
1. name, location, and permit number of the
noncomplying permittee;
2. a brief description and date of each instance of noncompliance for that permittee. Instances of noncompliance may include one or more of the kinds set forth in subsection (a)(2) of this section. When a permittee has noncompliance of more than one kind, combine the information into a single entry for each such permittee;
3. the date(s) and a brief description of the action(s) taken by the Department to ensure compliance;
4. status of the instance(s) of noncompliance with the date of the review of the status or the date of resolution;
5. any details which tend to explain or mitigate the instance(s) of noncompliance.
(2) Instances of noncompliance to be reported. Any instances of noncompliance within the following categories shall be reported in successive reports until the noncompliance is reported as resolved (once noncompliance is reported as resolved it need not appear in subsequent reports):
(A) failure to complete construction elements. When the permittee has failed to complete, by the date specified in the permit, an element of a compliance schedule involving either planning for construction (for example, award of a contract, preliminary plans), or a construction step (for example, begin construction, attain operation level); and the permittee has not returned to compliance by accomplishing the required element of the schedule within 30 days from the date a compliance schedule report is due under the permit;
(B) modifications to schedules of compliance. When a schedule of compliance in the permit has been modified under section 66270.41 or 66270.42 because of the permittee's noncompliance;
(C) failure to complete or provide compliance schedule or monitoring reports. When the permittee has failed to complete or provide a report required in a permit compliance schedule (for example, progress report or notice of noncompliance or compliance) or a monitoring report; and the permittee has not submitted the complete report within 30 days from the date it is due under the permit for compliance schedules, or from the date specified in the permit for monitoring reports;
(D) deficient reports. When the required reports provided by the permittee are so deficient as to cause misunderstanding by the Department and thus impede the review of the status of compliance;
(E) noncompliance with other permit requirements. Noncompliance shall be reported in the following circumstances:
1. whenever the permittee has violated a permit requirement (other than reported under subsection (a)(2)(A) or (B) of this section) and has not returned to compliance within 45 days from the date reporting of noncompliance was due under the permit; or
2. when the Department determines that a pattern of noncompliance exists for a major facility permittee over the most recent four consecutive reporting periods. This pattern includes any violation of the same requirement in two consecutive reporting periods, and any violation of one or more requirements in each of four consecutive reporting periods; or
3. when the Department determines significant permit noncompliance or other significant event has occurred such as a fire or explosion or migration of fluids into a USDW;
4. all other. Statistical information shall be reported quarterly on all other instances of noncompliance by major facilities with permit requirements not otherwise reported under subsection (a) of this section.
(b) Annual reports.
(1) Annual noncompliance report. Statistical reports shall be submitted by the Department on nonmajor RCRA permittees indicating the total number reviewed, the number of noncomplying nonmajor permittees, the number of enforcement actions, and number of permit modifications extending compliance deadlines. The statistical information shall be organized to follow the types of noncompliance listed in subsection (a) of this section.
(2) In addition to the annual noncompliance report, the Department shall prepare a "program report" which contains information (in a manner and form prescribed by the USEPA Regional Administrator) on generators and transporters and the permit status of regulated facilities. The Department shall also include, on a biennial basis, summary information on the quantities and types of hazardous wastes generated, transported, treated, stored and disposed during the preceding odd-numbered year. This summary information shall be reported in a manner and form prescribed by the USEPA Regional Administrator and shall be reported according to USEPA characteristics and lists of hazardous wastes in chapter 11 of this division.
(c) Schedule for all quarterly reports. No later than the last working day of May, August, November, and February, the Department shall submit to the USEPA Regional Administrator information concerning noncompliance with permit requirements by major facilities in the State in accordance with the following schedule.
QUARTERS COVERED BY REPORTS ON
 
NONCOMPLIANCE BY MAJOR DISCHARGERS
 
(Date for completion of reports)
January, February, and March  [FN1] May 31
April, May, and June  [FN1] August 31
July, August, and September  [FN1] November 30
October, November, and December  [FN1] February 28 
[FNa1] Reports shall be made available to the public for inspection and copying no later than this date.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.5. 
  
 



s 66270.10. General Application Requirements.
 (a) Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit a Part A and Part B permit application to the Department as specified in this chapter. Persons currently authorized with interim status shall apply for permits when required by the Department. Persons covered by permits by rule (section 66270.60) need not apply. Procedures for applications, issuance and administration of emergency permits are found exclusively in section 66270.61. Procedures for application, issuance and administration of research, development, and demonstration permits are found exclusively in section 66270.65.
(b) Who applies? When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit, except that the owner shall also sign the permit application.
(c) Completeness. The Department shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit. The Department shall not issue a permit before receiving a complete application for a permit except for permits by rule, or emergency permits. An application for a permit is complete when the Department receives an application form and any supplemental information which are completed to the Department's satisfaction, and the Department notifies the applicant in writing that the application is complete. The completeness of any application for a permit shall be judged independently of the status of any other permit application or permit for the same facility or activity. The Department may deny a permit for the active life a of a hazardous waste management facility or unit before receiving a complete application for a permit.
(d) Information requirements. All applicants for permits shall provide information set forth in section 66270.13 and applicable subsections in sections 66270.14 through 66270.23 to the Department, using the application form (Application for a Hazardous Waste Permit, EPA Form 8700-23, revised 1/90) provided by the Department.
(e) Existing hazardous waste management facilities and interim status qualifications.
(1) Owners and operators of existing hazardous waste managementfacilities or of hazardous waste management facilities in existence on the effective date of statutory or regulatory amendments under the act that render the facility subject to the requirement to have a permit shall submit Part A of their permit application no later than:
(A) six months after the date of publication of regulations which first require them to comply with the standards set forth in chapter 15 or 16 of this division, or
(B) thirty days after the date they first become subject to the standards set forth in chapter 15 or 16 of this division, whichever first occurs.
(2) At any time after July 1, 1991, the owner and operator of an existing hazardous waste management facility may be required to submit Part B of their permit application. Any owner or operator shall be allowed 60 days from the date of request to submit a complete Part B of the application. The Department shall allow an owner or operator more time to submit a complete Part B if the owner or operator demonstrates to the satisfaction of the Department that additional time is required to complete Part B of the application. Any owner or operator of an existing hazardous waste management facility may voluntarily submit Part B of the application at any time.
Notwithstanding the above, any owner or operator of an existing hazardous waste management facility shall submit a Part B permit application in accordance with the dates specified in section 66270.73. Any owner or operator of a land disposal facility in existence on the effective date of statutory or regulatory amendments under RCRA or the Health and Safety Code that render the facility subject to the requirement to have a permit shall submit a Part B application in accordance with the dates specified in section 66270.73.
(3) Failure to furnish a requested Part B application on time, or to furnish in full the information required by the Part B application, is grounds for termination of interim status under chapter 21 of this division.
(f) New hazardous waste management facilities.
(1) No person shall begin physical construction of a new hazardous waste management facility or new HWM unit without having submitted Parts A and B of the permit application or a permit modification request and having received a finally effective permit or permit modification.
(2) An application for a permit for a new hazardous waste management facility  (including both Parts A and B) may be filed any time after promulgation of those standards in chapter 14, article 9 et seq. of this division applicable to such facility. The application shall be filed with the Department. All applications shall be submitted at least 180 days before physical construction is expected to commence.
(g) Updating permit applications.
(1) If any owner or operator of a hazardous waste management facility has filed Part A of a permit application and has not yet filed Part B, the owner or operator shall file an amended Part A application:
(A) with the Department, no later than the effective date of regulatory provisions listing or designating wastes as hazardous in addition to those listed or designated under the previous regulations, if the facility is transferring, treating, storing, or disposing of any of those newly listed or designated wastes; or
(B) As necessary to comply with provisions of section 66270.72 for changes during interim status.
(2) The owner or operator of a facility who fails to comply with the updating requirements of subsection (g)(1) of this section shall not receive interim status as to the wastes not covered by duly filed and approved Part A applications.
(h) Reapplications. Any hazardous waste management facility with an effective permit shall submit a new application at least 180 days before the expiration date of the effective permit, unless permission for a later date has been granted by the Department. (The Department shall not grant permission for applications to be submitted later than the expiration date of the existing permit.)
(i) Recordkeeping. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under sections 66270.10(d), 66270.13, and 66270.14 through 66270.23 for a period of at least 3 years from the date the application is signed.
(j) Exposure information.
(1) After August 8, 1985, any Part B permit application submitted by an owner or operator of a facility that transfers, stores, treats, or dispose of hazardous waste in a surface impoundment or a landfill shall be accompanied by information, reasonably ascertainable by the owner or operator, on the potential for the public to be exposed to hazardous wastes or hazardous constituents through releases related to the unit. At a minimum, such information shall address:
(A) reasonably foreseeable potential releases from both normal operations and accidents at the unit, including releases associated with transportation to or from the unit;
(B) the potential pathways of human exposure to hazardous wastes or constituents resulting from the releases described under subsection (j)(l)(A) of this section; and
(C) the potential magnitude and nature of the human exposure resulting from such releases.
(2) By August 8, 1985, owners and operators of a landfill or a" surface impoundment who have already submitted a Part B application shall submit the exposure information required in subsection (j)(l) of this section.
(k) The Department may require a permittee or an applicant to submit information in order to establish permit conditions under sections 66270.32(b)(2) and 66270.50(d).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.10. 
  
 



s 66270.11. Signatories to Permit Applications and Reports.
 (a) Applications. All permit applications shall be signed as follows:
(1) for a corporation: by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who is authorized to perform similar policy or decision making functions, which govern the operation of the regulated facility, for the corporation;
(2) for a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) for a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a Federal agency includes:
(A) the chief executive officer of the agency, or
(B) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of USEPA).
(b) Reports. All reports required by permits and other information requested by the Department shall be signed by a person described in subsection (a) of this section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:
(1) the authorization is made in writing by a person described in subsection  (a) of this section;
(2) the authorization specifies either an individual or a position having responsibility for overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility. (A duly authorized representative may thus be either a named individual or any individual occupying a named position); and (3) the written authorization is submitted to the Department.
(c) Changes to authorization. If an authorization under subsection (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (b) of this section shall be submitted to the Department prior to or together with any reports, information, or applications to be signed by an authorized representative.
(d) Certification. Any person signing a document under subsection (a) or (b) of this section shall make the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to be the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.11. 
  
 



s 66270.12. Confidentiality of Information.
 (a) In accordance with section 66260.2, any information submitted to the Department pursuant to these regulations may be claimed as confidential by the submitter. Any such claim shall be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in section 66260.2.
(b) Claims of confidentiality for the name and address of any permit applicant or permittee will be denied.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.12. 
  
 



s 66270.13. Contents of Part A of the Permit Application.
All applicants for permits shall provide the following information to the Department using the Part A application (Application for a Hazardous Waste Permit, Form EPA 8700-23, revised 1/90) form provided by the Department:
(a) the activities conducted by the applicant which require it to obtain a permit;
(b) name, mailing address, and location, including latitude and longitude of the facility for which the application is submitted;
(c) up to four SIC Codes which best reflect the principal products or services provided by the facility;
(d) the operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity;
(e) the name, address, and phone number of the owner of the facility;
(f) whether the facility is located on Indian lands;
(g) an indication of whether the facility is new or existing and whether it is a first or revised application;
(h) for existing facilities, (1) a scale drawing of the facility showing the location of all past, present, and future treatment, storage, and disposal areas; and (2) photographs of the facility clearly delineating all existing structures; existing treatment, storage, and disposal areas; and sites of future treatment, storage, and disposal areas;
(i) a description of the processes to be used for transferring,treating, storing, and disposing of hazardous waste, and the design capacity of these items;
(j) a specification of the hazardous wastes listed or designated under chapter 11 of this division to be transferred, treated, stored, or disposed of at the facility, an estimate of the quantity of such wastes to be transferred, treated, stored, or disposed annually, and a general description of the processes to be used for such wastes;
(k) a listing of all permits or construction approvals received or applied for under any of the following programs:
(1) hazardous Waste Management program under RCRA (42 U.S.C. commencing with section 6921 or the Health and Safety Code commencing with section 25100);
(2) UIC program under the federal SDWA (42 U.S.C. 6924);
(3) NPDES program under the federal CWA (33 U.S.C. 1342);
(4) prevention of Significant Deterioration (PSD) program under the federal Clean Air Act (42 U.S.C. 7401 et seq.);
(5) nonattainment program under the federal Clean Air Act (42 U.S.C. 7501-7502);
(6) national Emission Standards for Hazardous Pollutants (NESHAPS) preconstruction approval under the federal Clean Air Act (42 U.S.C. 7412);
(7) ocean dumping permits under the Federal Marine Protection Research and Sanctuaries Act (33 U.S.C. section 1401, et. seq.);
(8) dredge or fill permits under section 404 of the federal CWA (33 U.S.C. 1344);
(9) other relevant environmental permits;
(l) a topographic map extending one mile beyond the property boundaries of the source, depicting the facility and each of its intake and discharge structures; each of its hazardous waste transfer, treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; each building and its use; and those wells, springs, other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within 1/4 mile of the facility property boundary;
(m) a brief description of the nature of the business.
(n) For hazardous debris, a description of the debris category(ies) and contaminant category(ies) to be treated, stored, or disposed of at the facility.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 270.13. 
  
 



s 66270.14. Contents of Part B: General Requirements.
 (a) Part B of the permit application consists if the general information requirements of this section, and the specific information requirements in sections 66270.14 through 66270.23 applicable to the facility. The Part B information requirements presented in sections 66270.14 through 66270.23 reflect the standards promulgated in chapter 14 of this division. These information requirements are necessary in order for the Department to determine compliance with the chapter 14 standards. If owners and operators of hazardous waste management facilities can demonstrate that the information prescribed in Part B cannot be provided to the extent required, the Department may make allowance for submission of such information on a case-by-case basis. Information required in Part B shall be submitted to the Department and signed in accordance with requirements in section 66270.11. Certain technical data, such as design drawings and specifications, and engineering studies shall be certified by an independent, qualified professional engineer registered in California. Geologic plans, specifications, reports or documents shall be prepared by or under the direction of, and shall be certified by, a geologist registered in California. Calculations and technical data supporting the certification need not be submitted with Part B but shall be retained by the owner or operator and be available for review by the Department.
(b) General information requirements. The following information is required for all hazardous waste management facilities, except as section 66264.1 provides otherwise:
(1) a general description of the facility;
(2) chemical and physical analyses of the hazardous waste and hazardous debris to be handled at the facility. At a minimum, these analyses shall contain all the information which must be known to transfer, treat, store or dispose of the wastes properly in accordance with chapter 14 of this division;
(3) a copy of the waste analysis plan required by section 66264.13(b) and, if applicable section 66264.13(c);
(4) a description of the security procedures and equipment required by section 66264.14, or a justification demonstrating the reasons for requesting a waiver of this requirement;
(5) a copy of the general inspection schedule required by section 66264.15(b). Include where applicable, as part of the inspection schedule, specific requirements in sections 66264.174, 66264.193(i), 66264.195, 66264.226, 66264.254, 66264.273, 66264.303, 66264.602, 66264.1033, 66264.1052, 66264.1053, and 66264.1058;
(6) a justification of any request for a waiver(s) of the preparedness and prevention requirements of chapter 14, article 3 of this division;
(7) a copy of the contingency plan required by chapter 14, article 4 of this division. NOTE: Include, where applicable, as part of the contingency plan, specific requirements in section 6264.227;
(8) a description of procedures, structures or equipment used at the facility to:
(A) prevent hazards in unloading operations (for example, ramps, special forklifts);
(B) prevent runoff from hazardous waste handling areas to other areas of the facility or environment, or to prevent flooding (for example, berms, dikes, trenches);
(C) prevent contamination of water supplies;
(D) mitigate effects of equipment failure and power outages; and
(E) prevent undue exposure of personnel to hazardous waste (for example, protective clothing); and
(F) Prevent releases to the atmosphere.
(9) a description of precautions to prevent accidental ignition or reaction of ignitable, reactive or incompatible wastes as required to demonstrate compliance with section 66264.17 including documentation demonstrating compliance with section 66264.17(c);
(10) traffic pattern, estimated volume (number, types of vehicles) and control  (for example, show turns across traffic lanes, and stacking lanes (if appropriate); describe access road surfacing and load bearing capacity; show traffic control signals);
(11) facility location information:
(A) the owner or operator of a new facility or a facility undergoing substantial modification (a Class 3 modification specified in section 66270.42(c) involving physical changes to the facility) shall demonstrate compliance with the seismic standard. This demonstration may be made using either published geologic data or data obtained from field investigations carried out by the applicant. The information provided shall be of such quality to be acceptable to geologists experienced in identifying and evaluating seismic activity. The information submitted shall show that either:
1. no faults which have had displacement in Holocene time are present, or no lineations which suggest the presence of a fault (which have displacement in Holocene time) within 3,000 feet of a facility are present, based on data from:
a. published geologic studies,
b. aerial reconnaissance of the area within a five-mile radius from the facility;
c. an analysis of aerial photographs covering a 3,000 foot radius of the facility, and
d. if needed to clarify the above data, a reconnaissance based on walking portions of the area within 3,000 feet of the facility, or
2. if faults (to include lineations) which have had displacement in Holocene time are present within 3,000 feet of a facility, no faults pass within 200 feet of the portions of the facility where treatment, storage or disposal of hazardous waste will be conducted, based on data from a comprehensive geologic analysis of the site. Unless a site analysis is otherwise conclusive concerning the absence of faults within 200 feet of such portions of the facility data shall be obtained from a subsurface exploration (trenching) of the area within a distance no less than 200 feet from portions of the facility where transfer, treatment, storage or disposal of hazardous waste will be conducted. Such trenching shall be performed in a direction that is perpendicular to known faults (which have had displacement in Holocene time) passing within 3,000 feet of the portions of the facility where transfer, treatment, storage or disposal of hazardous waste will be conducted. Such investigation shall document with supporting maps and other analyses, the location of faults found;
(B) owners and operators of all facilities shall provide an identification of whether the facility is located within a 100 year floodplain. This identification shall indicate the source of data for such determination and include a copy of the relevant Federal Insurance Administration (FIA) flood map, if used, or the calculations and maps used where an FIA map is not available. Information shall also be provided identifying the 100-year flood level and any other special flooding factors (e.g., wave action) which must be considered in designing, constructing, operating or maintaining the facility to withstand washout from a 100-year flood;
(C) where maps for the National Flood Insurance Program produced by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency are available, they will normally be determinative of whether a facility is located within or outside of the 100-year floodplain. However, where the FIA map excludes an area (usually areas of the floodplain less than 200 feet in width), these areas shall be considered and a determination made as to whether they are in the 100-year floodplain. Where FIA maps are not available for a proposed facility location, the owner or operator shall use equivalent mapping techniques to determine whether the facility is within the 100-year floodplain, and if so located, what the 100-year flood elevation would be;
(D) owners and operators of facilities located in the 100-year floodplain shall provide the following information:
1. engineering analysis to indicate the various hydrodynamic and hydrostatic forces expected to result at the site as consequence of a 100-year flood;
2. structural or other engineering studies showing the design of operational units (e.g., tanks, incinerators) and flood protection devices (e.g., floodwalls, dikes) at the facility and how these will prevent washout;
3. if applicable, and in lieu of subsections (b)(11)(D) l. and 2. of this section, a detailed description of procedures to be followed to remove hazardous waste to safety before the facility is flooded, including:
a. timing of such movement relative to flood levels, including estimated time to move the waste, to show that such movement can be completed before floodwaters reach the facility;
b. a description of the location(s) to which the waste will be moved and demonstration that those facilities will be eligible to receive hazardous waste in accordance with the regulations under chapters 14, 15, 16, 20 and 21 of this division;
c. the planned procedures, equipment and personnel to be used and the means to ensure that such resources will be available in time for use;
d. the potential for accidental discharges of the waste during movement;
(E) existing facilities NOT in compliance with section 66264.18(b) shall provide a plan showing how the facility will be brought into compliance and a schedule for compliance;
(F) the owners and operators of surface impoundments, waste piles, land treatment facilities and landfills shall provide information regarding the depth to the saturated zone or groundwater table, including seasonal high levels for groundwater, known aquifers beneath the site and any aquifers having hydraulic continuity;
(12) an outline of both the introductory and continuing training programs by owners or operators to prepare persons to operate or maintain the hazardous waste management facility in a safe manner as required to demonstrate compliance with section 66264.16. A brief description of how training will be designed to meet actual job tasks in accordance with requirements in section 66264.16(a)(3);
(13) a copy of the closure plan and, where applicable, the postclosure plan required by sections 66264.112, 66264.118 and 66264.197. Include, where applicable, as part of the plans, specific requirements in sections 66264.178, 66264.197, 66264.228, 66264.258, 66264.280, 66264.310, 66264.351, 66264.601 and 66264.603;
(14) for hazardous waste disposal units that have been closed, documentation that notices required under section 66264.119 have been filed;
(15) the most recent closure cost estimate for the facility prepared in accordance with section 66264.142 and a copy of the documentation required to demonstrate financial assurance under section 66264.143. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B;
(16) where applicable, the most recent post closure cost estimate for the facility prepared in accordance with section 66264.144 plus a copy of the documentation required to demonstrate financial assurance under section 66264.145. For a new facility, a copy of the required documentation may be submitted 60 days prior to the initial receipt of hazardous wastes, if that is later than the submission of the Part B;
(17) where applicable, a copy of the insurance policy or other documentation which comprises compliance with the requirements of section 66264.147. For a new facility, documentation showing the amount of insurance meeting the specification of section 66264.147(a) and, if applicable, section 66264.147(b), that the owner or operator plans to have in effect before initial receipt of hazardous waste for transfer, treatment, storage or disposal. A request for a variance in the amount of required coverage, for a new or existing facility, may be submitted as specified in section 66264.147(c);
(18) a topographic map showing a distance of 2000 feet around the facility at a scale of 2.5 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours shall be shown on the map. The contour interval shall be sufficient to clearly show the pattern of surface water flow in the vicinity of and from each operational unit of the facility. For example, contours with an interval of 1.5 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and operators of hazardous waste management facilities located in mountainous areas should use larger contour intervals to adequately show topographic profiles of facilities. The map shall clearly show the following:
(A) map scale and date;
(B) 100-year floodplain area;
(C) surface waters including intermittent streams;
(D) surrounding land uses (residential, commercial, agricultural, recreational);
(E) a wind rose (i.e., prevailing wind-speed and direction);
(F) orientation of the map (north arrow);
(G) legal boundaries of the hazardous waste management facility site;
(H) access control (fences, gates);
(I) injection and withdrawal wells both onsite and offsite;
(J) buildings; transfer, treatment, storage or disposal operations; or other structure (recreation areas, run-off control systems, access and internal roads, storm, sanitary and process sewerage systems, loading and unloading areas, fire control facilities, etc.);
(K) barriers for drainage or flood control;
(L) location of operational units within the hazardous waste management facility site, where hazardous waste is (or will be) transferred, treated, stored or disposed (include equipment cleanup areas);
(19) any additional information related to the proposed activity or facility which is requested by the Department;
(20) for land disposal facilities, if a case-by-case extension for RCRA wastes has been approved by USEPA under 40 CFR Section 268.5 and by the Department under section 66268.5 or a petition has been approved under section 66268.6, copies of the notices of approval for the extension or petition are required. If a variance for non RCRA wastes has been granted by the Department under Health and Safety Code section 25143 and section 66260.210 of this division, a copy of the letter granting the variance is required;
(21) For facilities applying for RCRA permits, a summary of the pre-application meeting, along with a list of attendees and their addresses, and copies of any written comments or materials submitted at the meeting, as required under section 66271.31(c).
(c) Additional information requirements. The information specified in this subsection shall be submitted for each regulated unit at a hazardous waste management facility. An owner or operator of a regulated unit that did not receive hazardous waste after February 2, 1985 shall submit this additional information only as it pertains to the water quality protection requirements of article 6 of chapter 14 of this division:
(1) a summary of the environmental monitoring data obtained during the interim status period under sections 66265.90 through 66265.99 and sections 66265.710 through 66265.714, where applicable;
(2) identification of the uppermost aquifer and aquifers hydraulically interconnected beneath the facility property, including groundwater flow direction and rate, which at a minimum shall be determined at the times of expected highest and lowest annual elevations of the groundwater surface, and the basis for such identification (i.e., the information obtained from hydrogeologic investigations of the facility area);
(3) on the topographic map required under subsection (b)(18) of this section, a delineation of the waste management area, the property boundary, the proposed "point of compliance" as defined under section 66264.95, the proposed location of monitoring points as required under sections 66264.95 and 66264.705, and, to the extent possible, the information required in subsection (c)(2) of this section;
(4) a description of any plume of contamination or pollution that has migrated from a regulated unit at the time that the application was submitted that:
(A) delineates the extent of the plume on the topographic map required under subsection (b)(18) of this section;
(B) identifies the concentration of each constituent of concern throughout the plume or identified the maximum concentrations of each such constituent in the plume;
(5) detailed plans and an engineering report describing the proposed environmental monitoring programs to be implemented to meet the requirements of articles 6 and 17 of chapter 14 of this division. This submission shall be prepared and certified by a geologist registered in California or a civil engineer registered in California;
(6) if a detection monitoring program is required under section 66264.91 and/or section 66264.701 at the time of permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a detection monitoring program which meets the requirements of section 66264.98 and/or section 66264.706. This submission shall address the following items specified under section 66264.98 and 66264.706:
(A) a proposed list of constituents of concern for groundwater, surface water, air, soil-pore gas and soil-pore liquid, a proposed list of hazardous constituents for air, soil and soil-pore gas and a proposed list of monitoring parameters for each medium that can provide a reliable indication of a release from a regulated unit;
(B) proposed groundwater, soil-pore liquid and surface water monitoring systems required under section 66264.98 and any air or soil-pore gas monitoring systems required under article 17 of chapter 14;
(C) background values for each proposed monitoring parameter, hazardous constituent, and constituent of concern, or procedures to calculate such values; and
(D) a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating monitoring data;
(7) if an evaluation monitoring program is required under section 66264.91 and/or a compliance monitoring program is required under section 66264.701 at the time of the permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish an evaluation monitoring program which meets the requirements of sections 66264.99 and/or a compliance monitoring program under section 66264.707. The owner or operator shall also submit an engineering feasibility study for a corrective action program necessary to meet the requirements of sections 66264.100 and/or 66264.708, unless the owner or operator obtains written authorization from the Department prior to submittal of the permit application to submit a proposed permit schedule for submittal of such a study. To demonstrate compliance with sections 66264.99 and/or 66264.707, the owner or operator shall address the following items:
(A) a description of the wastes previously handled at the facility;
(B) a characterization of the contaminated or polluted groundwater, soil, soil-pore liquid, soil-pore gas, surface water or air, including concentrations of monitoring parameters, hazardous constituents.and constituents of concern in each medium;
(C) for each medium, a proposed list of monitoring parameters for which evaluation monitoring will be undertaken in accordance with sections 66264.97 and 66264.99 and/or for compliance monitoring under section 66264.707;
(D) for each medium, background values, and any proposed concentration limits greater than background and/or alternate concentration limits for each constituent of concern and/or hazardous constituent based on the criteria set forth in sections 66264.94 and/or 66264.704, including a justification for establishing any such concentration limits;
(E) detailed plans and an engineering report describing the proposed monitoring system, prepared and certified by a geologist registered in California or a civil engineer registered in California, in accordance with the requirements of sections 66264.97 and 66264.98 and/or section 66264.707; and
(F) a description of proposed sampling, analysis and statistical comparison procedures to be utilized in evaluating monitoring data;
(8) if a corrective action program is required under sections 66264.91 and/or 66264.701 at the time of permit application, the owner or operator shall submit sufficient information, supporting data, and analyses to establish a corrective action program which meets the requirements of sections 66264.100 and/or 66264.7098. To demonstrate compliance with sections 66264.100 and/or 66264.7098, the owner or operator shall address, at a minimum, the following items:
(A) a characterization of the contaminated or polluted groundwater, soil, soil-pore liquid, soil-pore vapor, surface water or air including concentrations of monitoring parameters, hazardous constituents and constituents of concern in each medium;
(B) a proposed list of hazardous constituents and constituents of concern for each medium;
(C) for each medium, the proposed concentration limits for each hazardous constituent and constituent of concern as set forth in sections 66264.94 and/or 66264.704;
(D) detailed plans and an engineering report describing the corrective action to be taken and proposed environmental monitoring programs, prepared and certified by a geologist registered in California or a civil engineer registered in California; and
(E) a description of how the environmental monitoring programs will demonstrate the adequacy of the corrective action;
(F) a proposed permit schedule for submittal of the information operator obtains written authorization from the Department prior to submittal of the permit application.
(d) Information requirements for solid waste management units.
(1) The following information is required for each solid waste management unit at a facility seeking a permit:
(A) the location of the unit on the topographic map required under subsection  (b)(18) of this section;
(B) designation of type of unit;
(C) general dimensions and structural description (supply any available drawings);
(D) when the unit was operated;
(E) specification of all wastes that have been managed at the unit, to the extent available;
(F) when applicable, the information required under section 66264.801.
(2) The owner or operator of any facility containing one or more solid waste management units shall submit all available information pertaining to any release of hazardous wastes or hazardous constituents from such unit or units.
(3) The owner/operator shall conduct and provide the results of sampling and analysis of groundwater, landsurface and subsurface strata, surface water, or air, which may include the installation of wells, where the Department ascertains it is necessary to complete a RCRA Facility Assessment that will determine if a more complete investigation is necessary.
(e) California Environmental Quality Act (CEQA) Information Requirements. Unless the Department has determined that the activity to be permitted is exempt from the requirements of CEQA pursuant to Title 14, CCR section 15061, the applicant shall submit with Part B of the permit application all information necessary to enable the Department to prepare an Initial Study meeting the requirements of Title 14, CCR section 15063.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and  58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, 25200 and 58012, Health and Safety Code; 40 CFR Section 270.14. 
  
 



s 66270.15. Specific Part B Information Requirements for Containers.
Except as otherwise provided in section 66264.170, owners or operators of facilities that transfer or store containers of hazardous waste shall provide the following additional information:
(a) a description of the containment system to demonstrate compliance with section 66264.175. Show at least the following:
(1) basic design parameters, dimensions, and materials of construction;
(2) how the design promotes drainage or how containers are kept from contact with standing liquids in the containment system;
(3) capacity of the containment system relative to the number and volume of containers to be transferred or stored;
(4) provisions for preventing or managing run-on;
(5) how accumulated liquids can be analyzed and removed to prevent overflow;
(b) sketches, drawings, or data demonstrating compliance with section 66264.176 (location of buffer zone and containers holding ignitable or reactive wastes) and section 66264.177(c) (location of incompatible wastes), where applicable;
(c) where incompatible wastes are stored or otherwise managed in containers, a description of the procedures used to ensure compliance with sections 66264.177(a) and (b), and 66264.17(b) and (c).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.15. 
  
 



s 66270.16. Specific Part B Information Requirements for Tank Systems.
Except as otherwise provided in section 66264.190, owners and operators of facilities that use tanks to transfer, store or treat hazardous waste shall provide a description of design and operation procedures which demonstrate compliance with the requirements of sections 66264.192, 66264.194, 66264.198, and 66264.199, including the following additional information:
(a) a written assessment that is reviewed and certified by an independent, qualified, professional engineer registered in California as to the structural integrity and suitability for handling hazardous waste of each tank system including the containment system, as required under sections 66264.191(b) and (f) and 66264.192(b);
(b) dimensions, capacity, and shell thickness of each tank;
(c) description of feed systems, safety cutoff, bypass systems, and pressure controls (e.g., vents);
(d) a diagram of piping, instrumentation, and process flow for each tank system;
(e) a description of materials and equipment used to provide external corrosion protection, as required under section 66264.192(b)(3);
(f) for new tank systems, a detailed description of how the tank system(s) will be installed in compliance with sections 66264.192(c), (d), (e) and (f);
(g) detailed plans and description of how the secondary containment system for each tank system is or will be designed, constructed, and operated to meet the requirements of sections 66264.193(a), (b), (c), (d), (e), (f) and (j);
(h) for tank systems for which a variance from the requirements of section 66264.193 is sought (as provided by section 66264.193(g)):
(1) detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous waste or hazardous constituents into the ground water or surface water during the life of the facility, or
(2) a detailed assessment of the substantial present or potential hazards posed to human health or the environment should a release enter the environment;
(i) description of controls and practices to prevent spills and overflows, as required under section 66264.194(b); and
(j) for tank systems in which ignitable, reactive, or incompatible wastes are to be transferred, stored or treated, a description of how operating procedures and tank system and facility design will achieve compliance with the requirements of sections 66264.198 and 66264.199;
(k) references to design standards or other available information used (or to be used) in design and construction of the tank;
(l) a description of design specifications, including identification of construction materials and lining materials for the tank and secondary containment facilities (include pertinent characteristics such as corrosion or erosion resistance).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.16. 
  
 



s 66270.17. Specific Part B Information Requirements for Surface Impoundments.
Except as otherwise provided in section 66264.1, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments shall provide the following additional information:
(a) a list of the hazardous wastes placed or to be placed in each surface impoundment;
(b) detailed plans and an engineering report describing how the surface impoundment is designed and is or will be constructed, operated and maintained to meet the requirements of sections 66264.19,  66264.221, 66264.222, and 66264.223 of this chapter, addressing the following items:
(1) the liner system (except for an existing portion of a surface impoundment). If an exemption from the requirement for a liner is sought as provided by section 66264.221(b), submit detailed plans and engineering and hydrogeologic reports, as appropriate, describing alternate design and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;
(2) prevention of overtopping;
(3) structural integrity of dikes, including information described in section 66264.228(e)(18), whether or not dikes will remain after closure;
(4) The double liner and leak (leachate) detection, collection, and removal system, if the surface impoundment shall meet the requirements of section 66264.221(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by section 66264.221(f), (g), or (k) of this chapter, submit appropriate information;
(5) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(6) The construction quality assurance (CQA) plan if required under section 66264.19 of this chapter;
(7) Proposed action leakage rate, with rationale, if required under section 66264.222 of this chapter, and response action plan, if required under section 66264.223 of this chapter;
(c) detailed plans and an engineering report explaining the location of the saturated zone in relation to the surface impoundment, and the design of a double-liner system that incorporates a leak detection system between the liners;
(d) A description of how each surface impoundment, including the double liner system, leak detection system, cover system and appurtenances for control of overtopping, will be inspected in order to meet the requirements of section 66264.226(a), (b) and (d) of this chapter. This information shall be included in the inspection plan submitted under section 66270.14(b)(5);
(e) a certification by an independent, qualified, professional engineer, registered in California which attests to the structural integrity of each dike, as required under section 66264.226(c). For new units, the owner or operator shall submit a statement by an independent, qualified, professional engineer, registered in California, that the engineer will provide such a certification upon completion of construction in accordance with the plans and specifications;
(f) a description of the procedure to be used for removing a surface impoundment from service, as required under sections 66264.227(b) and (c). This information shall be included in the contingency plan submitted under section 66270.14(b)(7);
(g) a description of how hazardous waste residues and contaminated materials will be removed from the unit at closure, as required under section 66264.228(a)(1). For any wastes not to be removed from the unit upon closure, the owner or operator shall submit detailed plans and an engineering report describing how sections 66264.228(a)(2) and (b) will be complied with. This information shall be included in the closure plan and, where applicable, the post-closure plan submitted under section 66270.14(b)(13);
(h) if ignitable or reactive wastes are to be placed in a surface impoundment, an explanation of how section 66264.229 will be complied with;
(i) if incompatible wastes, or incompatible wastes and materials will be placed in a surface impoundment, an explanation of how section 66264.230 will be complied with.
(j) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how the surface impoundment is or will be designed, constructed, operated, and maintained to meet the requirements of section 66264.231. This submission shall address the following items as specified in section 66264.231:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.17. 
  
 



s 66270.18. Specific Part B Information Requirements for Waste Piles.
Except as otherwise provided in section 66264.1, owners and operators of facilities that store or treat hazardous waste in waste piles shall provide the following additional information:
(a) a list of hazardous wastes placed or to be placed in each waste pile;
(b) detailed plans and an engineering report describing how the waste pile is designed and is or will be constructed, operated and maintained to meet the requirements of sections 66264.19, 66264.251, 66264.252, and 66264.253 of this chapter, addressing the following items:
(1)(A) the liner system (except for an existing portion of a waste pile), if the waste pile shall meet the requirements of section 66264.251(a) of this chapter. If an exemption from the requirement for a liner is sought, as provided by section 66264.251(e) of this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents into the ground water or surface water at any future time;
(B) The double liner and leak (leachate) detection, collection, and removal system, if the waste pile shall meet the requirements of section 66264.251(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by section 66264.251(l), (m), or (n) of this chapter, submit appropriate information;
(C) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(D) The construction quality assurance (CQA) plan if required under section 66264.19 of this chapter;
(E) Proposed action leakage rate, with rationale, if required under section 66264.252 of this chapter, and response action plan, if required under section 66264.253 of this chapter;
(2) control of run-on;
(3) control of run-off;
(4) management of collection and holding units associated with run-on and run-off control systems; and
(5) control of wind dispersal of particulate matter, where applicable;
(c) if a double liner and leak detection system is required, as noted by section 66264.251(k), detailed plans and an engineering report describing how the requirements of section 66264.251(k) will be complied with;
(d) a description of how each waste pile, including the double liner system, leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of section 66264.254(a), (b) and (c) of this chapter. This information shall be included in the inspection plan submitted under section 66270.14(b)(5). If a double liner and leak detection system is required, pursuant to section 66264.251(k), describe in the inspection plan how the inspection requirements of section 66264.254(b)(3) will be complied with;
(e) if treatment is carried out on or in the waste pile, details of the process and equipment used, and the nature and quality of the residuals;
(f) if ignitable or reactive wastes are to be placed in a waste pile, an explanation of how the requirements of section 66264.256 will be complied with;
(g) if incompatible wastes, or incompatible wastes and materials will be placed in a waste pile, an explanation of how section 66264.257 will be complied with;
(h) a description of how hazardous waste residues and contaminated materials will be removed from the waste pile at closure, as required under section 66264.258(a). For any waste not to be removed from the waste pile upon closure, the owner or operator shall submit detailed plans and an engineering report describing how sections 66264.310(a) and (b) will be complied with. This information shall be included in the closure plan and, where applicable, the post-closure plan submitted under section 66270.14(b)(13);
(i) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a waste pile in which any of these wastes has been or will be placed is or will be designed, constructed, operated, and maintained to meet the requirements of section 66264.259. This submission shall address the following items as specified in section 66264.259:
(1) the volume, physical, and chemical characteristics of the wastes to be disposed in the waste pile, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.18. 
  
 



s 66270.19. Specific Part B Information Requirements for Incinerators.
Except as section 66264.340 of this division provides otherwise, owners and operators of facilities that incinerate hazardous waste shall fulfill the requirements of subsection (a), (b), or (c) of this section:
(a) when seeking an exemption under section 66264.340(b) or (c) of this division (ignitable, corrosive, or reactive wastes only):
(1) documentation that the waste is listed as a hazardous waste in chapter 11, article 4 of this division, solely because it is ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; or ignitable (Hazard Code I) or corrosive (Hazard Code C) or both; or
(2) documentation that the waste is listed as a hazardous waste in chapter 11, article 4 of this division, solely because it is reactive (Hazard Code R) for characteristics other than those listed in sections 66261.23(a)(4) and (5), and will not be burned when other hazardous wastes are present in the combustion zone; or
(3) documentation that the waste is a hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous waste under chapter 11, article 3 of this division; or
(4) documentation that the waste is a hazardous waste solely because it possesses the reactivity characteristics listed in section 66261.23(a)(1), (2), (3), (6), (7), or (8) of this chapter and that it will not be burned when other hazardous wastes are present in the combustion zone; or
(b) submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with section 66270.62; or
(c) in lieu of a trial burn, the applicant may submit the following information:
(1) an analysis of each waste or mixture of wastes to be burned including:
(A) heat value of the waste in the form and composition in which it will be burned;
(B) viscosity (if applicable), or description of physical form of the waste;
(C) an identification of any hazardous organic constituents listed in chapter 11, Appendix VIII, of this division, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in chapter 11, Appendix VIII, of this division which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified and the basis for their exclusion stated. The waste analysis shall rely on analytical techniques specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA publication SW-846, Third Edition and Updates (incorporated by reference in section 66260.11), or their equivalent;
(D) an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA publication SW-846, Third Edition and Updates (incorporated by reference in section 66260.11);
(E) a quantification of those hazardous constituents in the waste which may be designated as POHCs based on data submitted from other trial or operational burns which demonstrate compliance with the performance standards in section 66264.343 of this division;
(2) a detailed engineering description of the incinerator,including:
(A) manufacturer's name and model number of incinerator;
(B) type of incinerator;
(C) linear dimension of incinerator unit including cross sectional area of combustion chamber;
(D) description of auxiliary fuel system (type/feed);
(E) capacity of prime mover;
(F) description of automatic waste feed cutoff system(s);
(G) stack gas monitoring and pollution control monitoring system;
(H) nozzle and burner design;
(I) construction materials;
(J) location and description of temperature, pressure, and flow indicating devices and control devices;
(3) a description and analysis of the waste to be burned compared with the waste for which data from operational or trial burns are provided to support the contention that a trial burn is not needed. The data shall include those items listed in subsection (c)(1) of this section. This analysis shall specify the POHCs which the applicant has identified in the waste for which a permit is sought, and any differences from the POHCs in the waste for which burn data are provided;
(4) the design and operating conditions of the incinerator unit to be used, compared with that for which comparative burn data are available;
(5) a description of the results submitted from any previously conducted trial burn(s) including:
(A) sampling and analysis techniques used to calculate performance standards in section 66264.343 of this division;
(B) methods and results of monitoring temperatures, waste feed rates, carbon monoxide, and an appropriate indicator of combustion gas velocity (including a statement concerning the precision and accuracy of this measurement);
(C) the certification and results required by section 66270.62(b)(7);
(6) the expected incinerator operation information to demonstrate compliance with sections 66264.343 and 66264.345 of this division including:
(A) expected carbon monoxide (CO) and oxygen (O 2) concentrations in the stack exhaust gas;
(B) waste feed rate;
(C) combustion zone temperature;
(D) indication of combustion gas velocity;
(E) expected stack gas volume, flow rate, and temperature;
(F) computed residence time for waste in the combustion zone;
(G) expected hydrochloric acid removal efficiency;
(H) expected fugitive emissions and their control procedures;
(I) proposed waste feed cut-off limits based on the identified significant operating parameters;
(7) such supplemental information as the Department finds necessary to achieve the purposes of this section;
(8) waste analysis data, including that submitted in subsection (c)(1) of this section, sufficient to allow the Department to specify as permit Principal Organic Hazardous Constituents (permit POHCs) those constituents for which destruction and removal efficiencies will be required.
(d) The Department shall approve a permit application without a trial burn if it finds that:
(1) the wastes are sufficiently similar; and
(2) the incinerator units are sufficiently similar, and the data from other trial burns are adequate to specify (under section 66264.345) operating conditions that will ensure that the performance standards in section 66264.343 will be met by the incinerator.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.19. 
  

 



s 66270.20. Specific Part B Information Requirements for Land Treatment Facilities.
Except as otherwise provided in section 66264.1, owners and operators of facilities that use land treatment to treat or dispose of hazardous waste shall provide the following additional information:
(a) a description of plans to conduct a treatment demonstration as required under section 66264.272. The description shall include the following information:
(1) the wastes for which the demonstration will be made and the potential hazardous constituents in the waste;
(2) the data sources to be used to make the demonstration (e.g., literature, laboratory data, field data, or operating data);
(3) any specific laboratory or field test that will be conducted, including:
(A) the type of test (e.g., column leaching, degradation);
(B) materials and methods, including analytical procedures;
(C) expected time for completion;
(D) characteristics of the unit that will be simulated in the demonstration, including treatment zone characteristics, climatic conditions, and operating practices;
(b) a description of a land treatment program, as required under section 66264.271. This information shall be submitted with the plans for the treatment demonstration, and updated following the treatment demonstration. The land treatment program shall address the following items:
(1) the wastes to be land treated;
(2) design measures and operating practices necessary to maximize treatment in accordance with section 66264.273(a) including:
(A) waste application method and rate;
(B) measures to control soil pH;
(C) enhancement of microbial or chemical reactions;
(D) control of moisture content;
(3) provisions for unsaturated zone monitoring, including:
(A) sampling equipment, procedures, and frequency;
(B) procedures for selecting sampling locations;
(C) analytical procedures;
(D) chain of custody control;
(E) procedures for establishing background values;
(F) statistical methods for interpreting results;
(G) the justification for any hazardous constituents recommended, for selection as principal hazardous constituents, in accordance with the criteria for such selection in section 66264.278(a);
(4) a list of hazardous constituents reasonably expected to be in, or derived from, the wastes to be land treated based on waste analysis performed pursuant to section 66264.13;
(5) the proposed dimensions of the treatment zone;
(c) a description of how the unit is or will be designed, constructed, operated, and maintained in order to meet the requirements of section 66264.273. This submission shall address the following items:
(1) control of run-on;
(2) collection and control of run-off;
(3) minimization of run-off of hazardous constituents from the treatment zone;
(4) management of collection and holding facilities associated with run-on and run-off control systems;
(5) periodic inspection of the unit. This information shall be included in the inspection plan submitted under section 66270.14(b)(5);
(6) control of wind dispersal of particulate matter, if applicable;
(d) a description of the vegetative cover to be applied to closed portions of the facility, and a plan for maintaining such cover during the post-closure care period, as required under sections 66264.280(a)(8) and 66264.280(c)(2). This information shall be included in the closure plan and, where applicable, the post-closure care plan submitted under section 66270.14(b)(13);
(e) if ignitable or reactive wastes will be placed in or on the treatment zone, an explanation of how the requirements of section 66264.281 will be complied with;
(f) if incompatible wastes, or incompatible wastes and materials, will be placed in or on the same treatment zone, an explanation of how section 66264.282 will be complied with;
(g) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a land treatment facility is or will be designed, constructed, operated, and maintained to meet the requirements of section 66264.283. This submission shall address the following items as specified in section 66264.283:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attentuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.20. 
  
 



s 66270.21. Specific Part B Information Requirements for Landfills.
Except as otherwise provided in section 66264.1, owners and operators of facilities that dispose of hazardous waste in landfills shall provide the following additional information:
(a) a list of the hazardous wastes placed or to be placed in each landfill or landfill cell;
(b) Detailed plans and an engineering report describing how the landfill is designed, and is or will be constructed, operated and maintained to meet the requirements of sections 66264.19, 66264.301, 66264.302 and 66264.303 of this chapter, addressing the following items:
(1)(A) The liner system (except for an existing portion of a landfill), if the landfill shall meet the requirements of section 66264.301(a) of this chapter. If an exemption from the requirements for a liner is sought as provided by section 66264.301(b) of this chapter, submit detailed plans, and engineering and hydrogeological reports, as appropriate, describing alternate designs and operating practices that will, in conjunction with location aspects, prevent the migration of any hazardous constituents, into the ground water or surface water at any future time;
(B) The double liner and leak (leachate) detection, collection, and removal system, if the landfill shall meet the requirements of section 66264.301(c) of this chapter. If an exemption from the requirements for double liners and a leak detection, collection, and removal system or alternative design is sought as provided by section 66264.301(d), (e), or (l) of this chapter, submit appropriate information;
(C) If the leak detection system is located in a saturated zone, submit detailed plans and an engineering report explaining the leak detection system design and operation, and the location of the saturated zone in relation to the leak detection system;
(D) The construction quality assurance (CQA) plan if required under section 66264.19 of this chapter;
(E) Proposed action leakage rate, with rationale, if required under section 66264.302 of this chapter, and response action plan, if required under section 66264.303 of this chapter;
(2) control of run-on;
(3) control of run-off;
(4) management of collection and holding facilities associated with run-on and run-off control systems; and
(5) control of wind dispersal of particulate matter, where applicable;
(c) if a double liner and leak detection system is required, as provided by  section 66264.301(a), the owner or operator shall submit detailed plans and an engineering report explaining the location of the saturated zone in relation to the landfill, the design of a double-liner system that incorporates a leak detection system between the liners, and a leachate collection and removal system above the liners;
(d) a description of how each landfill, including the double liner and cover system,  leachate collection and removal system, leak detection system, cover system, and appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of section 66264.303(a), (b) and (c) of this chapter. This information shall be included in the inspection plan submitted under section 66270.14(b)(5);
(e) detailed plans and an engineering report describing the final cover which will be applied to each landfill or landfill cell at closure in accordance with section 66264.310(a), and a description of how each landfill will be maintained and monitored after closure in accordance with section 66264.310(b). This information shall be included in the closure and post-closure plans submitted under section 66270.14(b)(13);
(f) if ignitable or reactive wastes will be landfilled, an explanation of how the standards of section 66264.312 will be complied with;
(g) if incompatible wastes, or incompatible wastes and materials will be landfilled, an explanation of how section 66264.313 will be complied with;
(h) if containers of hazardous waste are to be landfilled, an explanation of how the requirements of section 66264.315 or section 66264.316, as applicable, will be complied with;
(i) a waste management plan for EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, and F027 describing how a landfill is or will be designed, constructed, operated, and maintained to meet the requirements of section 66264.317. This submission shall address the following items as specified in section 66264.317:
(1) the volume, physical, and chemical characteristics of the wastes, including their potential to migrate through soil or to volatilize or escape into the atmosphere;
(2) the attenuative properties of underlying and surrounding soils or other materials;
(3) the mobilizing properties of other materials co-disposed with these wastes; and
(4) the effectiveness of additional treatment, design, or monitoring techniques.
 
  Note: Authority cited: Sections 25150 and 25159, Health and Safety Code; and Governor's Reorganization Plan Number 1 of 1991. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.21. 
  
 



s 66270.22. Specific Part B Information Requirements for Boilers and Industrial Furnaces Burning Hazardous Waste.
 (a) Trial burns-(1) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by section 66266.104 of chapter 16, standards to control particulate matter provided by section 66266.105 of chapter 16, standards to control metals emission provided by section 66266.106 of chapter 16, or standards to control hydrogen chloride or chlorine gas emissions provided by section 66266.107 of chapter 16 shall conduct a trial burn to demonstrate conformance with those standards and shall submit a trial burn plan or the results of a trial burn, including all required determinations, in accordance with section 66270.66 of this chapter.
(A) A trial burn to demonstrate conformance with a particular emission standard may be waived under provisions of sections 66266.104 through 66266.107 of chapter 16 and subsections (a)(2) through (a)(5) of this section; and
(B) The owner or operator may submit data in lieu of a trial burn, as prescribed in subsection (a)(6) of this section.
(2) Waiver of trial burn for DRE-(A) Boilers operated under special operating requirements. When seeking to be permitted under sections 66266.104(a)(4) and 66266.110 of chapter 16 that automatically waive the DRE trial burn, the owner or operator of a boiler shall submit documentation that the boiler operates under the special operating requirements provided by section 66266.110 of chapter 16.
(B) Boilers and industrial furnaces burning low risk waste. When seeking to be permitted under the provisions for low risk waste provided by sections 66266.104(a)(5) and 66266.109(a) of chapter 16 that waive the DRE trial burn, the owner or operator shall submit:
1. Documentation that the device is operated in conformance with the requirements of section 66266.109(a)(1) of chapter 16.
2. Results of analyses of each waste to be burned, documenting the concentrations of nonmetal compounds listed in appendix VIII of chapter 11, except for those constituents that would reasonably not be expected to be in the waste. The constituents excluded from analysis shall be identified and the basis for their exclusion explained. The analysis shall rely on analytical techniques specified in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (incorporated by reference, see section 66260.11).
3. Documentation of hazardous waste firing rates and calculations of reasonable, worst-case emission rates of each constituent identified in subsection (a)(2)(B)2. of this section using procedures provided by section 66266.109(a)(2)(B) of chapter 16.
4. Results of emissions dispersion modeling for emissions identified in subsections (a)(2)(B)3. of this section using modeling procedures prescribed by section 66266.106(h) of chapter 16. The Director will review the emission modeling conducted by the applicant to determine conformance with these procedures. The Director will either approve the modeling or determine that alternate or supplementary modeling is appropriate.
5. Documentation that the maximum annual average ground level concentration of each constituent identified in subsection (a)(2)(B)2. of this section quantified in conformance with subsection (a)(2)(B)4. of this section does not exceed the allowable ambient level established in appendices IV or V of chapter 16. The acceptable ambient concentration for emitted constituents for which a specific Reference Air Concentration has not been established in appendix IV or Risk-Specific Dose has not been established in appendix V is 0.1 micrograms per cubic meter, as noted in the footnote to appendix IV.
(3) Waiver of trial burn for metals. When seeking to be permitted under the Tier I (or adjusted Tier I) metals feed rate screening limits provided by section 66266.106 (b) and (e) of chapter 16 that control metals emissions without requiring a trial burn, the owner or operator shall submit:
(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(B) Documentation of the concentration of each metal controlled by section 66266.106 (b) or (e) of chapter 16 in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of each metal;
(C) Documentation of how the applicant will ensure that the Tier I feed rate screening limits provided by section 66266.106 (b) or (e) of chapter 16 will not be exceeded during the averaging period provided by that subsection;
(D) Documentation to support the determination of the terrain- adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by section 66266.106(b)(3) through (b)(5) of chapter 16;
(E) Documentation of compliance with the provisions of section 66266.106(b)(6), if applicable, for facilities with multiple stacks;
(F) Documentation that the facility does not fail the criteria provided by section 66266.106(b)(7) for eligibility to comply with the screening limits; and
(G) Proposed sampling and metals analysis plan for the hazardous waste, other fuels, and industrial furnace feed stocks.
(4) Waiver of trial burn for particulate matter. When seeking to be permitted under the low risk waste provisions of section 66266.109(b) which waives the particulate standard (and trial burn to demonstrate conformance with the particulate standard), applicants shall submit documentation supporting conformance with subsections (a)(2)(B) and (a)(3) of this section.
(5) Waiver of trial burn for HCl and Cl 2. When seeking to be permitted under the Tier I (or adjusted Tier I) feed rate screening limits for total chloride and chlorine provided by section 66266.107(b)(1) and (e) of chapter 16 that control emissions of hydrogen chloride (HCl) and chlorine gas (Cl 2) without requiring a trial burn, the owner or operator shall submit:
(A) Documentation of the feed rate of hazardous waste, other fuels, and industrial furnace feed stocks;
(B) Documentation of the levels of total chloride and chlorine in the hazardous waste, other fuels, and industrial furnace feedstocks, and calculations of the total feed rate of total chloride and chlorine;
(C) Documentation of how the applicant will ensure that the Tier I (or adjusted Tier I) feed rate screening limits provided by section 66266.107 (b)(1) or (e) of chapter 16 will not be exceeded during the averaging period provided by that subsection;
(D) Documentation to support the determination of the terrain- adjusted effective stack height, good engineering practice stack height, terrain type, and land use as provided by section 66266.107(b)(3) of chapter 16;
(E) Documentation of compliance with the provisions of section 66266.107(b)(4), if applicable, for facilities with multiple stacks;
(F) Documentation that the facility does not fail the criteria provided by section 66266.107(b)(3) for eligibility to comply with the screening limits; and
(G) Proposed sampling and analysis plan for total chloride and chlorine for the hazardous waste, other fuels, and industrial furnace feedstocks.
(6) Data in lieu of trial burn. The owner or operator may seek an exemption from the trial burn requirements to demonstrate conformance with sections 66266.104 through 66266.107 of chapter 16 and section 66270.66 by providing the information required by section 66270.66 from previous compliance testing of the device in conformance with section 66266.103 of chapter 16, or from compliance testing or trial or operational burns of similar boilers or industrial furnaces burning similar hazardous wastes under similar conditions. If data from a similar device is used to support a trial burn waiver, the design and operating information required by section 66270.66 shall be provided for both the similar device and the device to which the data is to be applied, and a comparison of the design and operating information shall be provided. The Director shall approve a permit application without a trial burn if the Director finds that the hazardous wastes are sufficiently similar, the devices are sufficiently similar, the operating conditions are sufficiently similar, and the data from other compliance tests, trial burns, or operational burns are adequate to specify (under section 66266.102 of chapter 16) operating conditions that will ensure conformance with section 66266.102(c) of chapter 16. In addition, the following information shall be submitted:
(A) For a waiver from any trial burn:
1. A description and analysis of the hazardous waste to be burned compared with the hazardous waste for which data from compliance testing, or operational or trial burns are provided to support the contention that a trial burn is not needed;
2. The design and operating conditions of the boiler or industrial furnace to be used, compared with that for which comparative burn data are available; and
3. Such supplemental information as the Director finds necessary to achieve the purposes of this subsection.
(B) For a waiver of the DRE trial burn, the basis for selection of POHCs used in the other trial or operational burns which demonstrate compliance with the DRE performance standard in section 66266.104(a) of chapter 16. This analysis should specify the constituents in appendix VIII, of chapter 11, that the applicant has identified in the hazardous waste for which a permit is sought, and any differences from the POHCs in the hazardous waste for which burn data are provided.
(b) Alternative HC limit for industrial furnaces with organic matter in raw materials. Owners and operators of industrial furnaces requesting an alternative HC limit under section 66266.104(f) of chapter 16 shall submit the following information at a minimum:
(1) Documentation that the furnace is designed and operated to minimize HC emissions from fuels and raw materials;
(2) Documentation of the proposed baseline flue gas HC (and CO) concentration, including data on HC (and CO) levels during tests when the facility produced normal products under normal operating conditions from normal raw materials while burning normal fuels and when not burning hazardous waste;
(3) Test burn protocol to confirm the baseline HC (and CO) level including information on the type and flow rate of all feedstreams, point of introduction of all feedstreams, total organic carbon content (or other appropriate measure of organic content) of all nonfuel feedstreams, and operating conditions that affect combustion of fuel(s) and destruction of hydrocarbon emissions from nonfuel sources;
(4) Trial burn plan to:
(A) Demonstrate that flue gas HC (and CO) concentrations when burning hazardous waste do not exceed the baseline HC (and CO) level; and
(B) Identify the types and concentrations of organic compounds listed in appendix VIII of chapter 11, that are emitted when burning hazardous waste in conformance with procedures prescribed by the Director;
(5) Implementation plan to monitor over time changes in the operation of the facility that could reduce the baseline HC level and procedures to periodically confirm the baseline HC level; and
(6) Such other information as the Director finds necessary to achieve the purposes of this subsection.
(c) Alternative metals implementation approach. When seeking to be permitted under an alternative metals implementation approach under section 66266.106(f) of chapter 16, the owner or operator shall submit documentation specifying how the approach ensures compliance with the metals emissions standards of section 66266.106(c) or (d) and how the approach can be effectively implemented and monitored. Further, the owner or operator shall provide such other information that the Director finds necessary to achieve the purposes of this subsection.
(d) Automatic waste feed cutoff system. Owners and operators shall submit information describing the automatic waste feed cutoff system, including any pre-alarm systems that may be used.
(e) Direct transfer. Owners and operators that use direct transfer operations to feed hazardous waste from transport vehicles (containers, as defined in section 66266.111 of chapter 16) directly to the boiler or industrial furnace shall submit information supporting conformance with the standards for direct transfer provided by section 66266.111 of chapter 16.
(f) Residues. Owners and operators that claim that their residues are excluded from regulation under the provisions of section 66266.112 of chapter 16 shall submit information adequate to demonstrate conformance with those provisions.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.22. 
  
 



s 66270.23. Specific Part B Information Requirements for Miscellaneous Units.
Except as otherwise provided in section 66264.600, owners and operators of facilities that transfer, treat, store, or dispose of hazardous waste in miscellaneous units shall provide the following additional information:
(a) a detailed description of the unit being used or proposed for use, including the following:
(1) physical characteristics, materials of construction, and dimensions of the unit;
(2) detailed plans and engineering reports describing how the unit will be located, designed, constructed, operated, maintained, monitored, inspected, and closed to comply with the requirements of sections 66264.601 and 66264.602, and
(3) for disposal units, a detailed description of the plans to comply with the post-closure requirements of section 66264.603;
(b) detailed hydrologic, geologic, and meteorologic assessments and land-use maps for the region surrounding the site that address and ensure compliance of the unit with each factor in the environmental performance standards of section 66264.601. If the applicant can demonstrate that the facility does not violate the environmental performance standards of section 66264.601 and the Department agrees with such demonstration, preliminary hydrologic, geologic, and meteorologic assessments will suffice;
(c) information on the potential pathways of exposure of humans or environmental receptors to waste constituents, hazardous constituents and reaction products, and on the potential magnitude and nature of such exposures;
(d) for any treatment unit, a report on a demonstration of the effectiveness of the treatment based on laboratory or field data;
(e) any additional information determined by the Department to be necessary for evaluation of compliance of the unit with the environmental performance standards of section 66264.601.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.23. 
  
 



s 66270.24. Specific Part B Information Requirements for Process Vents.
Except as otherwise provided in Section 66264.1, owners and operators of facilities that have process vents to which Article 27 of Chapter 14 applies must provide the following additional information:
(a) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR 264 subpart AA on the effective date that the facility becomes subject to the provisions of Chapter 14 or 15 Article 27, an implementation schedule as specified in Section 66264.1033(a)(2).
(b) Documentation of compliance with the process vent standards in Section 66264.1032, including:
(1) information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous waste management units on a facility plot plan);
(2) information and data supporting estimates of vent emissions and emission reduction achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, estimates of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or concentrations) that represent the conditions that exist when the waste management unit is operating at the highest load or capacity level reasonably expected to occur; and
(3) information and data used to determine whether or not a process vent is subject to the requirements of Section 264.1032.
(c) An owner or operator who applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system to comply with the requirements of Section 66264.1032, and chooses to use test data to determine the organic removal efficiency or the total organic compound concentration achieved by the control device, shall provide a performance test plan as specified in Section 66264.1035(b)(3).
(d) Documentation of compliance with Section 66264.1033, including:
(1) a list of all information  references and sources used in preparing the documentation;
(2) records, including the dates of each compliance test required by Section 66264.1033(k);
(3) a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts which the Department determines contain basic control device design information which is at least as protective of human health and the environment as APTI Course 415: Control of Gaseous Emissions. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in Section 66264.1035(b)(4)(C);
(4) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is or would be operating at the highest load or capacity level reasonably expected to occur; and
(5) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater unless the total organic emission limits of Section 66264.1032(a) for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent.
 
  Note: Authority cited: Sections  25150 and 25159, Health and Safety Code. Reference: Sections  25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.24. 
  
 



s 66270.25. Specific Part B Information Requirements for Equipment.
Except as otherwise provided in Section 66264.1, owners and operators of facilities that have equipment to which Article 28 of Chapter 14 applies must provide the following additional information:
(a) For each piece of equipment to which Article 28 of Chapter 14 applies:
(1) equipment identification number and hazardous waste management unit identification;
(2) Approximate locations within the facility (e.g., identify the hazardous waste management unit on a facility plot plan);
(3) type of equipment (e.g., a pump or pipeline valve);
(4) percent by weight total organics in the hazardous waste stream at the equipment;
(5) hazardous waste state at the equipment (e.g., gas/vapor or liquid); and
(6) methods of compliance with the standards (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").
(b) For facilities that cannot install a closed-vent system and control device to comply with the provisions of 40 CFR 264 subpart BB on the effective date that the facility becomes subject to the provisions of Chapter 14 or 15, Article 28, an implementation schedule as specified in Section 66264.1033(a)(2).
(c) Where an owner or operator applies for permission to use a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system and chooses to use test data to determine, the organic removal efficiency or the total organic compound concentration achieved by the control device, a performance test plan as specified in Section 966264.1035(b)(3).
(d) Documentation that demonstrates compliance with the equipment standards in Sections 66264.1052 to 66264.1059. This documentation shall contain the records required under Section 66264.1064. The Department may request further documentation before deciding if compliance has been demonstrated.
(e) Documentation to demonstrate compliance with Section 66264.1060 shall include the following information:
(1) a list of information references and sources used in preparing the documentation;
(2) records, including the dates of each compliance test required by Section 66264.1033(j);
(3) a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in Section 66260.11) or other engineering texts which the Department determines contain basic control device design information which is at least as protective of human health and environment as APTI Course 415: Control of Gaseous Emissions. The design analysis shall address the vent stream characteristics and control device operation parameters as specified in Section 66264.1035(b)(4)(C);
(4) a statement signed and dated by the owner or operator certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous waste management unit is operating at the highest load or capacity level reasonably expected to occur;
(5) a statement signed and dated by the owner or operator certifying that the control device is designed to operate at an efficiency of 95 weight percent or greater.
(6) method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").
 
  Note: Authority cited: Sections  25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.25. 
  
 



s 66270.26. Special Part B Information Requirements for Drip Pads.
Except as otherwise provided by section 66264.1, owner and operators of hazardous waste transfer, treatment, storage, or disposal facilities that transfer, treat, store, or dispose hazardous waste on drip pads shall provide the following additional information:
(a) A list of hazardous waste placed or to be placed on each drip pad.
(b) Detailed plans and an engineering report describing how the drip pad is or will be designed, constructed, operated and maintained to meet the requirements of section 66264.573, including the as-built drawings and specifications. This submission shall address the following items as specified in section 66264.571:
(1) the design characteristics of the drip pad;
(2) the liner system;
(3) the leakage detection system, including the leak detection system and how it is designed to detect the failure of the drip pad or the presence of any releases of hazardous waste or accumulated liquid at the earliest practicable time;
(4) practices designed to maintain drip pads;
(5) the associated collection system;
(6) control of run-on to the drip pad;
(7) control of run-off from the drip pad;
(8) the interval at which drippage and other materials will be removed from the associated collection system and a statement demonstrating that the interval will be sufficient to prevent overflow onto the drip pad;
(9) procedures for cleaning the drip pad at least once every seven days to ensure the removal of any accumulated residues of waste or other materials, including but not limited to rinsing, washing with detergents or other appropriate solvents, or steam cleaning and provisions for documenting the date, time, and cleaning procedure used each time the pad is cleaned;
(10) operating practices and procedures that will be followed to ensure that tracking of hazardous waste or waste constituents off the drip pad due to activities by personnel or equipment is minimized;
(11) procedures for ensuring that, after removal from the treatment vessel, treated wood from pressure and non-pressure processes is held on the drip pad until drippage had ceased, including recordkeeping practices;
(12) provisions for ensuring that collection and holding units associated with run-on and run-off control systems are emptied or otherwise managed as soon as possible after storms to maintain design capacity of the system;
(13) if treatment is carried out on the drip pad, details of the process equipment used, and the nature and quality of the residuals;
(14) a description of how each drip pad, including appurtenances for control of run-on and run-off, will be inspected in order to meet the requirements of section 66264.573. This information should be included in the inspection plan submitted under section 66270.14(b)(5);
(15) a certification signed by an independent, qualified professional engineer registered in California, stating that the drip pad design meets the requirements of 66264.573(a) through (f);
(16) a description of how hazardous waste residues and contaminated materials will be removed from the drip pad at closure, as required under section 66264.575(a). For any waste not to be removed from the drip pad upon closure, the owner or operator shall submit detailed plans and an engineering report describing how section 66264.310(a) an (b) will be complied with. This information should be included in the closure plan and, where applicable, the post-closure plan submitted under section 66270.14(b)(13).
 
  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 270.26. 
  
 



s 66270.27. Specific Part B Information Requirements for Air Emission Controls for Tanks, Surface Impoundments, and Containers.
 (a) Except as otherwise provided in section 66264.1, owners and operators of tanks, surface impoundments, or containers that use air emission controls in accordance with the requirements of section chapter 14, article 30 shall provide the following additional information:
(1) Documentation for each floating roof cover installed on a tank subject to sections 66264.1084(d)(1) or 66264.1084(d)(2) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the applicable design specifications as listed in sections 66264.1084(e)(1) or 66264.1084(f)(1).
(2) Identification of each container area subject to the requirements of chapter 14, article 30 and certification by the owner or operator that the requirements of this article are met.
(3) Documentation for each enclosure used to control air pollutant emissions from tanks or containers in accordance with the requirements of sections 66264.1084(d)(5) or 66264.1086(e)(1)(B) that includes records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(4) Documentation for each floating membrane cover installed on a surface impoundment in accordance with the requirements of section 66264.1085(c) that includes information prepared by the owner or operator or provided by the cover manufacturer or vendor describing the cover design, and certification by the owner or operator that the cover meets the specifications listed in section 66264.1085(c)(1)..
(5) Documentation for each closed-vent system and control device installed in accordance with the requirements of section 66264.1087 that includes design and performance information as specified in section 66270.24 (c) and (d).
(6) An emission monitoring plan for both Method 21 in 40 CFR part 60, appendix A and control device monitoring methods. This plan shall include the following information: monitoring point(s), monitoring methods for control devices, monitoring frequency, procedures for documenting exceedances, and procedures for mitigating noncompliances.
(7) When an owner or operator of a facility subject to chapter 15, article 28.5 cannot comply with chapter 14, article 28.5 by the date of permit issuance, the schedule of implementation required under section 66265.1082.
Note: Sections 25150, 25159, 25159.5, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; and 40 CFR section 270.27.
 



s 66270.29. Permit Denial.
The Department may, pursuant to the procedures in chapter 21, deny the permit application either in its entirety or as to the active life of a hazardous waste management facility or unit only.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.29. 
  
 



s 66270.30. Conditions Applicable to All Permits.
The following conditions apply to all permits. All conditions applicable to permits shall be incorporated into the permits either expressly or by reference. If incorporated by reference, a specific citation to the appropriate regulations shall be given in the permit.
(a) Duty to comply. The permittee shall comply with all conditions of this permit, except that the permittee need not comply with the conditions of this permit to the extent and for the duration such noncompliance is authorized in an emergency permit. (See section 66270.61). Any permit noncompliance, except under the terms of an emergency permit, constitutes a violation of the appropriate statute or regulation and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.
(b) Duty to reapply. If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee shall apply for and obtain a new permit.
(c) Need to halt or reduce activity not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.
(d) In the event of noncompliance with the permit, the permittee shall take all reasonable steps to minimize or correct releases to the environment, and shall carry out all measures as are reasonable to prevent and correct adverse impacts on human health or the environment.
(e) Proper operation and maintenance. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.
(f) Permit actions. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.
(g) Property rights. The permit does not convey any property rights of any sort, or any exclusive privilege.
(h) Duty to provide information. The permittee shall furnish to the Department, within a reasonable time, not to exceed 30 days unless a time extension is approved by the Department, any relevant information which the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Department, upon request, copies of records required to be kept by this permit.
(i) Inspection and entry. The permittee shall allow an authorized representative of the Department, the State Water Resources Control Board or a Regional Water Quality Control Board, upon the presentation of credentials and other documents as may be required by law to:
(1) enter at reasonable times upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;
(2) have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
(3) inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and
(4) sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by law, any substances or parameters at any location.
(j) Monitoring and records.
(1) Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.
(2) The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, the certification required by section 66264.73(b)(9) of this division, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, certification, or application. This period may be extended by request of the Department at any time. The permittee shall maintain records from all groundwater monitoring wells and associated ground water surface elevations, for the active life of the facility, and for disposal facilities for the post-closure care period as well.
(3) Records for monitoring information shall include:
(A) the date, exact place, and time of sampling or measurements;
(B) the name(s) of the individual(s) who performed the sampling or measurements;
(C) the date(s) analyses were performed;
(D) the name(s) of the individual(s) who performed the analyses;
(E) the analytical techniques or methods used; and
(F) the results of such analyses.
(k) Signatory requirements. All applications, reports, or information submitted to the Department shall be signed and certified. (See section 66270.11.)
(l) Reporting requirements. (1) Planned changes. The permittee shall give notice to the Department as soon as possible and at least 30 days in advance of any planned physical alterations or additions to the permitted facility.
(2) Anticipated noncompliance. The permittee shall give advance notice to the Department of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. For a new facility, the permittee shall not transfer, treat, store, or dispose of hazardous waste; and for a facility being modified, the permittee shall not transfer, treat, store, or dispose of hazardous waste in the modified portion of the facility except as provided in section 66270.42, until:
(A) the permittee has submitted to the Department by certified mail or hand delivery a letter signed by the permittee and a professional engineer, registered in California, stating that the facility has been constructed or modified in compliance with the permit; and
(B) 1. the Department has inspected the modified or newly constructed facility and finds it is in compliance with the conditions of the permit; or
2. if within 15 days of the date of submission of the letter in subsection  (l)(2)(A) of this section, the permittee has not received notice from the Department of the Department's intent to inspect, prior inspection is waived and the permittee may commence transfer, treatment, storage, or disposal of hazardous waste.
(3) Transfers. This permit is not transferable to any person except after notice to the Department. The Department may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary. (See section 66270.40.)
(4) Monitoring reports. Monitoring results shall be reported at the intervals specified elsewhere in this permit.
(5) Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date.
(6) Twenty-four hour reporting.
(A) The permittee shall report any noncompliance which may endanger health or the environment orally within 24 hours from the time the permittee becomes aware of the circumstances, including:
1. information concerning release of any hazardous waste that may cause an endangerment to public drinking water supplies;
2. any information of a release or discharge of hazardous waste or of a fire or explosion from the hazardous waste facility, which could threaten the environment or human health outside the facility.
(B) The description of the occurrence and its cause shall include:
1. name, address, and telephone number of the owner or operator;
2. name, address, and telephone number of the facility;
3. date, time, and type of incident;
4. name and quantity of material(s) involved;
5. the extent of injuries, if any;
6. an assessment of actual or potential hazards to the environment and human health outside the facility, where this is applicable; and
7. estimated quantity and disposition of recovered material that resulted from the incident.
(C) A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and, if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Department may waive the 5-day written notice requirement in favor of a written report within 15 days.
(7) Manifest discrepancy report. If a significant discrepancy in a manifest is discovered, the permittee shall attempt to reconcile the discrepancy. If not resolved within fifteen days, the permittee shall submit a letter report, including a copy of the manifest, to the Department. (See section 66264.72.)
(8) Unmanifested hazardous waste report. This report shall be submitted to the Department within 15 days of receipt of unmanifested waste. (See section 66264.76.)
(9) Annual report. An annual report shall be submitted to the Department covering facility activities during the previous calendar year. (See section 66264.75.)
(10) Other noncompliance. The permittee shall report all instances of noncompliance not reported under subsections (l)(4), (5), and (6) of this section, at the time monitoring reports are submitted. The reports shall contain the information listed in subsection (l)(6) of this section.
(11) Other information. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application of in any report to the Department, it shall promptly submit such facts or information.
(m) Information repository. For facilities applying for a RCRA permit, the Director may require the permittee to establish and maintain an information repository at any time, based on the factors set forth in section 66271.33(b). The information repository will be governed by the provisions in section 66271.33(c) through (f).
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.30. 
  
 



s 66270.31. Requirements for Recording and Reporting of Monitoring Results.
All permits shall specify:
(a) requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate);
(b) required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including, when appropriate, continuous monitoring;
(c) applicable reporting requirements based upon the impact of the regulated activity and as specified in chapters 14 and 16 of this division. Reporting shall be no less frequent than specified in the above regulations.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.31. 
  
 



s 66270.32. Establishing Permit Conditions.
 (a) In addition to conditions required in all permits (section 66270.30), the Department shall establish conditions, as required on a case-by-case basis, in permits under section 66270.50 (duration of permits), section 66270.33(a) (schedules of compliance), section 66270.31 (monitoring), section 66270.33(b) (alternate schedules of compliance), and section 66270.3 (considerations under Federal law).
(b)(1) Each permit shall include permit conditions necessary to achieve compliance with the statutes and regulations, including each of the applicable requirements specified in chapters 14, 16, and 18 of this division. In satisfying this provision, the Department may incorporate applicable requirements of chapters 14, 16 and 18 of this division directly into the permit or establish other permit conditions that are based on these chapters.
(2) In addition to conditions required in all permits, each permit issued shall contain terms and conditions as the Department determines necessary to protect human health and the environment.
(c) An applicable requirement is a statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit or prior to the modification or revocation and reissuance of a permit, to the extent allowed in section 66270.41. Section 66271.13 (reopening of comment period) provides a means for reopening permit proceedings at the discretion of the Department where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable.
(d) New or reissued permits, and to the extent allowed under section 66270.41, modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this section and in section 66270.31.
(e) Incorporation. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be given in the permit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.32. 
  
 



s 66270.33. Schedules of Compliance.
 (a) The permit may, when appropriate, specify a schedule of compliance leading to compliance with the statutes and regulations.
(1) Time for compliance. Any schedules of compliance under this section shall require compliance as soon as possible.
(2) Interim dates. Except as provided in subsection (b)(1)(B) of this section, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.
(A) The time between interim dates shall not exceed one year.
(B) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.
(3) Reporting. The permit shall be written to require that no later than 14 days following each interim date and the final date of compliance, the permittee shall notify the Department in writing, of its compliance or noncompliance with the interim or final requirements.
(b) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by receiving a terminal volume of hazardous waste and, for transfer, treatment and storage hazardous waste management facilities, closing pursuant to applicable requirements; and, for disposal hazardous waste management facilities, closing and conducting post-closure care pursuant to applicable requirements) rather than continue to operate and meet permit requirements as follows.
(1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:
(A) the permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or
(B) the permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.
(2) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements.
(3) If the permittee is undecided whether to cease conducting regulated activities, the Department may issue or modify a permit to contain two schedules as follows:
(A) both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;
(B) one schedule shall lead to timely compliance with applicable requirements;
(C) the second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements;
(D) each permit containing two schedules shall include a requirement that after the permittee has made a final decision under subsection (b)(3)(A) of this section it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.
(4) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Department, such as resolution of the board of directors of a corporation.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.33. 
  
 



s 66270.40. Transfer of Permits.
 (a) A permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under section 66270.40(b) or 66270.41(b)(2)) to identify the new permittee and incorporate such other requirements as may be necessary under the appropriate statute or regulation.
(b) Changes in the ownership or operational control of a facility may be made as a Class I modification with prior written approval of the Department in accordance with section 66270.42. The new owner or operator shall submit a revised permit application no later than 90 days prior to the scheduled change. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees shall also be submitted to the Department. When a transfer of ownership or operational control occurs, the old owner or operator shall comply with the requirements of article 8 of chapter 14 of this division (Financial Requirements) until the new owner or operator has demonstrated to the Department that he or she is complying with the requirements of that article. The new owner or operator shall demonstrate compliance with article 8 requirements within six months of the date of the change of ownership or operational control of the facility. Upon demonstration to the Department by the new owner or operator of compliance with article 8, the Department shall notify the old owner or operator in writing that he or she no longer needs to comply with article 8 as of the date of demonstration.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.40. 
  

 



s 66270.41. Modification or Revocation and Reissuance of Permits.
When the Department receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit (see section 66270.30), receives a request for revocation and reissuance under section 66271.4, or conducts a review of the permit file) the Department may determine whether or not one or more of the causes listed in subsections (a) and (b) of this section for modification, or revocation and reissuance or both exist. If cause exists, the Department may modify or revoke and reissue the permit accordingly, subject to the limitations of subsection (c) of this section, and may request an updated application if necessary. When a permit is modified, only the conditions subject to modification are reopened. If a permit isrevoked and reissued, the entire permit is reopened and subject to revision and the permit is reissued for a new term. (See section 66271.4(c)(2).) If cause does not exist under this section, the Department shall not modify or revoke and reissue the permit, except on request of the permittee or as provided in subsection (a)(5) of this section. If a permit modification is requested by the permittee, the Department shall approve or deny the request according to the procedures of section 66270.42. Otherwise, a draft permit shall be prepared and other procedures in chapter 21 shall be followed.
(a) Causes for modification. The following are causes for modification, but not revocation and reissuance, of permits; the following may be causes for revocation and reissuance, as well as modification, when the permittee requests or agrees.
(1) Alterations. There are material and substantial alterationsor additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.
(2) Information. The Department has received information. Permits may be modified during their terms for this cause only if the information was not available at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the application of different permit conditions at the time of issuance.
(3) New statutory requirements or regulations. The standards or regulations on which the permit was based have been changed by statute, through promulgation of new or amended standards or regulations, or by judicial decision after the permit was issued.
(4) Compliance schedules. The Department determines good cause exists for modification of a compliance schedule, such as an act of God, strike, flood, or materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy.
(5) Notwithstanding any other provision in this section, when a permit is reviewed by the Department, the Department shall modify the permit as necessary to assure that the facility is in compliance with the currently applicable requirements in chapters 10 through 16, 20 and 21 of this division and as necessary to protect human health and the environment.
(b) Causes for modification or revocation and reissuance. The following are causes to modify or, alternatively, revoke and reissue a permit.
(1) Cause exists for termination under section 66270.43, and the Department determines that modification or revocation and reissuance is appropriate.
(2) The Department has received notification (as required in the permit, see section 66270.30(l)(3)) of a proposed transfer of the permit.
(c) Facility siting. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environmental exists which was unknown at the time of permit issuance.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.41. 
  
 



s 66270.42. Permit Modification at the Request of the Permittee.
 (a) Class 1 modifications.
(1) Except as provided in subsection (a)(2) of this section, the permittee may put into effect Class 1 modifications listed in Appendix I of this chapter under the following conditions.
(A) The permittee shall notify the Department concerning the modification by certified mail or other means that establish proof of delivery at least 30 calendar days before the change is put into effect. This notice shall specify the changes being made to permit conditions or supporting documents referenced by the permit and shall explain why they are necessary. Along with the notice, the permittee shall provide the applicable information required by sections 66270.10, 66270.13 through 66270.23, 66270.62, and 66270.63. With written authorization from the Department, the change may be put into effect earlier than 30 calendar days after the Department is notified concerning the modification.
(B) The permittee shall send a notice of the modification to all persons on the facility mailing list, maintained by the Department in accordance with section 66271.9(c)(1)(D), and the appropriate units of State and local government, as specified in section 66271.9(c)(1)(E). The notification shall include the information specified in subsections 66271.9(d)(1)(A) through 66271.9(d)(1)(D). The information shall also include a description of the proposed changes at the facility, and the name and telephone number of a Department contact person. This notification shall be made within 90 calendar days after the change is put into effect. For the Class 1 modifications that require prior Department approval, the notification shall be made within 7 days after the permittee notifies the Department and shall also be published in a major local newspaper of general circulation.
(C) Any person may request the Department to review, and the Department may for cause reject, any Class 1 modification. The Department shall inform the permittee by certified mail that a Class 1 modification has been rejected, explaining the reasons for the rejection. If a Class 1 modification has been rejected, the permittee shall comply with the original permit conditions.
(D) Causes for rejection of a Class 1 permit modification by the Department include:
1. the requested modification does not qualify as a Class 1 permit modification;
2. the modification request does not contain sufficient information for the Department to determine the appropriate permit modification classification or to determine the actions necessary to comply with the California Environmental Quality Act (CEQA) with respect to the requested modification, or the modification is otherwise incomplete;
3. the requested modification does not comply with the appropriate requirements of chapter 14 of this division or other applicable requirements; or
4. the conditions of the modification fail to protect human health and the environment.
(2) Class 1 permit modifications identified in Appendix I of this chapter by an asterisk and Class 1 modifications not exempt from the requirements of CEQA under Title 14, CCR section 15061 may be made only with the prior written approval of the Department.
(3) For a Class 1 permit modification, the permittee may elect to follow the procedures in section 66270.42(b) for Class 2 modifications instead of the Class 1 procedures. The permittee shall inform the Department of this decision in the notice required in section 66270.42(b)(1).
(b) Class 2 modifications.
(1) For Class 2 modifications, listed in Appendix I of this chapter, the permittee shall submit a modification request to the Department that:
(A) describes the exact change to be made to the permit conditions and supporting documents referenced by the permit;
(B) identifies that the modification is a Class 2 modification;
(C) explains why the modification is needed; and
(D) provides the applicable information required by sections 66270.10, 66270.13 through 66270.23, 66270.62, and 66270.63.
(2) The permittee shall send a notice of the modification request to all persons on the facility mailing list maintained by the Department and to the appropriate units of State and local government as specified in section 66271.9(c)(1)(E) and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within 7 days before or after the date of submission of the modification request, and the permittee shall provide to the Department evidence of the mailing and publication. The notice shall include:
(A) announcement of a 60-day comment period, in accordance with section 66270.42(b)(5), and the name and address of a Department contact to whom comments shall be sent;
(B) announcement of the date, time and place for a public meeting held in accordance with section 66270.42(b)(4);
(C) name and telephone number of the permittee's contact person;
(D) name and telephone number of a Department contact person;
(E) location where copies of the modification request and any supporting documents can be viewed and copied; and
(F) the following statement: "The permittee's compliance history during the life of the permit being modified is available from the Department contact person."
(G) a description of the proposed changes at the facility.
(3) The permittee shall place a copy of the permit modification request and supporting documents in a location accessible to the public in the vicinity of the permitted facility.
(4) The permittee shall hold a public meeting no earlier than 15 days after the publication of the notice required in subsection (b)(2) of this section and no later than 15 days before the close of the 60-day comment period. The meeting shall be held to the extent practicable in the vicinity of the permitted facility.
(5) The public shall be provided 60 days to comment on the modification request. The comment period shall begin on the date the permittee publishes the notice in the local newspaper. Comments shall be submitted to the Department contact identified in the public notice.
(6)(A) After the conclusion of the 60-day comment period, the Department shall take one of the following actions:
1. approve the modification request, with or without changes, and modify the permit accordingly, after the applicable requirements of CEQA have been satisfied;
2. deny the request;
3. determine that the modification request shall follow the procedures in section 66270.42(c) for Class 3 modifications for one of the following reasons:
a. there is significant public concern about the proposed modification; or
b. the complex nature of the change requires the more extensive procedures of Class 3; or
4. approve the request, with or without changes, as a temporary authorization having a term of up to 180 days, after the applicable requirements of CEQA have been satisfied.
(B) For the purposes of complying with the requirements of CEQA, the Class 2 permit modification shall not be considered complete until the close of the 60- day comment period and receipt by the Department from the permittee of the information necessary to address the public comments submitted during the 60- day comment period and other information required by this section.
(C) In case of a temporary authorization under subsection (b)(6)(A) 4. of this section, if the Department has not made a final approval or denial of the modification request by the end of the temporary authorization, the permittee shall comply with the original permit conditions.
(D) In making a decision to approve or deny a modification request, including a decision to issue a temporary authorization or to reclassify a modification as a Class 3, the Department shall consider all written comments submitted to the Department during the public comment period and shall respond in writing to all significant comments in its decision.
(7) The Department may deny or change the terms of a Class 2 permit modification request under subsection (b)(6)(A) of this section for the following reasons:
(A) the modification request is incomplete;
(B) the requested modification does not comply with the appropriate requirements of chapter 14 of this division or other applicable requirements; or
(C) the conditions of the modification fail to protect human health and the environment.
(8) Except for construction of new hazardous waste management units, the permittee may perform any construction associated with a Class 2 permit modification request beginning 60 days after the submission of the request unless the Department establishes a later date for commencing construction and informs the permittee in writing before day 60. Construction performed pursuant to this subsection shall not affect the Department's authority to approve or disapprove a permit modification request for the subject hazardous waste management activity.
(c) Class 3 modifications.
(1) For Class 3 modifications listed in Appendix I of this chapter, the permittee shall submit a modification request to the Department that:
(A) describes the exact change to be made to the permit conditions and supporting documents referenced by the permit;
(B) identifies that the modification is a Class 3 modification;
(C) explains why the modification is needed; and
(D) provides the applicable information required by sections 66270.10, 66270.13 through 66270.23, 66270.62, 66270.63 and 66270.66.
(2) The permittee shall send a notice of the modification request to all persons on the facility mailing list maintained by the Department and to the appropriate units of State and local government as specified in section 66271.9(c)(1)(E) and shall publish this notice in a major local newspaper of general circulation. This notice shall be mailed and published within seven days before or after the date of submission of the modification request, and the permittee shall provide to the Department evidence of the mailing and publication. The notice shall include:
(A) announcement of a 60-day comment period, and a name and address of a Department contact to whom comments shall be sent;
(B) announcement of the date, time, and place for a public meeting on the modification request, in accordance with section 66270.42(c)(4);
(C) name and telephone number of the permittee's contact person;
(D) name and telephone number of a Department contact person;
(E) location where copies of the modification request and any supporting documents can be viewed and copied; and
(F) the following statement: "The permittee's compliance history during the life of the permit being modified is available from the Department contact person."
(3) The permittee shall place a copy of the permit modification request and supporting documents in a location accessible to the public in the vicinity of the permitted facility.
(4) The permittee shall hold a public meeting no earlier.than 15 days after the publication of the notice required in subsection (c)(2) of this section and no later than 15 days before the close of the 60-day comment period. The meeting shall be held to the extent practicable in the vicinity of the permitted facility.
(5) The public shall be provided at least 60 days to comment on the modification request. The comment period shall begin on the date the permittee publishes the notice in the local newspaper. Comments shall be submitted to the Department contact identified in the notice.
(6) After the conclusion of the 60-day comment period, the Department shall grant or deny the permit modification request according to the permit modification procedures of chapter 21 of this division. In addition, the Director shall consider and respond to all significant written comments received during the 60-day comment period. For the purposes of complying with the requirements of CEQA, the Class 3 permit modification shall not be considered complete until the close of the 60-day comment period and receipt by the Department from the permittee of the information necessary to address the public comments submitted during the 60-day comment period and other information required by this section.
(d) Other modifications.
(1) In the case of modifications not explicitly listed in Appendix I of this chapter, the permittee may submit a Class 3 modification request to the Department, or the permittee may request a determination by the Department that the modification should be reviewed and approved as a Class 1 or Class 2 modification. If the permittee requests that the modification be classified as a Class 1 or 2 modification, the permittee shall provide the Department with the necessary information to support the requested classification.
(2) The Department shall make the determination described in subsection (d)(1) of this section as promptly as practicable. In determining the appropriate class for a specific modification, the Department shall consider the similarity of the modification to other modifications codified in Appendix I of this chapter and the following criteria:
(A) Class 1 modifications apply to minor changes that keep the permit current with routine changes to the facility or its operation. These changes do not substantially alter the permit conditions or reduce the capacity of the facility to protect human health or the environment. In the case of Class 1 modifications, the Department may require prior approval.
(B) Class 2 modifications apply to changes that are necessary to enable a permittee to respond, in a timely manner, to:
1. common variations in the types and quantities of the wastes managed under the facility permit,
2. technological advancements, and
3. changes necessary to comply with new regulations, where these changes can be implemented without substantially changing design specifications or management practices in the permit.
(C) Class 3 modifications substantially alter the facility or its operation.
(e) Temporary authorizations.
(1) Upon request of the permittee, the Department may, without prior public notice and comment, grant the permittee a temporary authorization in accordance with this subsection. Temporary authorizations shall have a term of not more than 180 days.
(2)(A) The permittee may request a temporary authorization for:
1. any Class 2 modification meeting the criteria in subsection (e)(3)(C) of this section, and
2. any Class 3 modification that meets the criteria in subsection (3)(C) l. or 2. of this section; or that meets the criteria in subsections (3)(C) 3. through 5. of this section and provides improved management or treatment of a hazardous waste already listed in the facility permit.
(B) The temporary authorization request shall include:
1. a description of the activities to be conducted under the temporary authorization;
2. an explanation of why the temporary authorization is necessary; and
3. sufficient information to ensure compliance with the standards of chapter 14 of this division.
(C) The permittee shall send a notice about the temporary authorization request to all persons on the facility mailing list maintained by the Department and to appropriate units of State and local governments as specified in section 66271.9(c)(1)(E). The permittee shall also publish this notice in a major local newspaper of general circulation. This notification shall be made within seven days of submission of the authorization request.
(3) The Department shall approve or deny the temporary authorization as quickly as practical. To issue a temporary authorization, the Department shall find:
(A) the authorized activities are in compliance with the standards of chapter 14 of this division;
(B) the temporary authorization is exempt from the requirements of CEQA under  Title 14, CCR section 15061, or the applicable requirements of CEQA have been met with respect to the temporary authorization;
(C) the temporary authorization is necessary to achieve one of the following objectives before action is likely to be taken on a modification request:
1. to facilitate timely implementation of closure or corrective action activities;
2. to allow treatment or storage in tanks, containers, or in containment buildings in accordance with chapter 18 of this division;
3. to prevent disruption of ongoing waste management activities;
4. to enable the permittee to respond to sudden changes in the types or quantities of the wastes managed under the facility permit; or
5. to facilitate other changes to protect human health and the environment.
(4) A temporary authorization may be reissued for one additional term of up to 180 days provided that:
(A) the permittee has requested a Class 2 or 3 permit modification for the activity covered in the temporary authorization;
(B) the requirements of CEQA have been met with respect to the reissued temporary authorization; and
(C) 1. the reissued temporary authorization constitutes the Department's decision on a Class 2 permit modification in accordance with subsection (b)(6)(A) or (B) 4. of this section, or
2. the Department determines that the reissued temporary authorization involving a Class 3 permit modification request is warranted to allow the authorized activities to continue while the modification procedures of subsection (c) of this section are conducted.
(f) Public notice and appeals of permit modification and temporary authorization decisions.
(1) The Department shall notify persons on the facility mailing list and appropriate units of State and local government within 10 days of any decision under this section to grant or deny a Class 2 or 3 permit modification request or temporary authorization. This notice shall include reference to the procedures for appealing a decision on a permit modification or temporary authorization.
(2) The Department's decision to grant or deny a Class 2 or 3 permit modification or temporary authorization request under this section may be appealed under the permit appeal procedures of section 66271.18.
(g) Newly regulated wastes and units.
(1) The permittee is authorized to continue to manage wastes listed or identified as hazardous under chapter 11 of this division, or to continue to manage hazardous waste in units newly regulated as hazardous waste management units, if:
(A) The unit was in existence as a hazardous waste facility with respect to the newly listed or characterized waste or newly regulated waste management unit on the effective date of the final rule listing or identifying the waste, or regulating the unit;
(B) The permittee submits a Class 1 modification request on or before the date on which the waste or unit becomes subject to the new requirements and receives Department approval of the Class 1 permit modification request. If the Department does not approve the Class 1 modification request by the date on which the waste or unit becomes subject to the new requirements, the permittee shall discontinue managing the waste or unit until Department approval of the Class 1 modification request is received;
(C) The permittee is in compliance with the applicable standards of chapters 15 and 16 of this division;
(D) The permittee, in the case of Classes 2 and 3 modifications, also submits a complete permit modification request within 180 days after the effective date of the rule listing or identifying the waste, or subjecting the unit to management standards found in the Health and Safety Code, division 20, chapter 6.5, article 9, section 25100 et seq.; and
(E) In the case of land disposal units, the permittee certifies that each such unit is in compliance with all applicable ground-water monitoring and financial responsibility requirements contained in chapter 15 of this division on the date 12 months after the effective date of the rule identifying or listing the waste as hazardous, or regulating the unit as a hazardous waste management unit. If the owner or operator fails to certify compliance with these requirements, the facility shall lose authority to operate under this section.
(2) New wastes or units added to a facility's permit under this subsection do not constitute expansions for the purpose of the 25 percent capacity expansion limit for Class 2 modifications.
(h) Permit modification list.
The Department shall maintain a list of all approved permit modifications and shall publish a newspaper notice statewide once a year that an updated list is available for review.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25186 and 58012, Health and Safety Code; 40 CFR Section 270.42. 
  
 



s 66270.42.5. Permit Modifications for Non-RCRA Activities.
 (a) This section applies only to permit modifications involving activities that are not subject to permitting requirements under the federal act.
(b) The following types of changes to a facility's authorization are not subject to the permit modification approval or procedural requirements of sections 66270.41 or 66270.42. Except as otherwise specified below, the owner or operator of the facility shall notify the Department in writing of any change within ten (10) calendar days after the change is put into effect:
(1) changes in the expiration date of the permit to allow earlier permit termination, with prior written approval of the Department;
(2) changes to the closure plan to reflect a decrease in the estimated maximum extent of operations or maximum inventory of waste on site at any time during the active life of the facility, with prior written approval from the Department;
(3) correction of non-substantive typographical errors;
(4) a change in the legal name of the facility that does not include changes in ownership or operational control of the facility;
(5) informational changes that do not impact the operation of the facility;
(6) changes in frequency of or procedures for monitoring, reporting, sampling or maintenance activities that provide for more frequent monitoring, reporting, sampling or maintenance;
(7) equipment replacement or upgrading with functionally equivalent components  (other than the structural unit itself), as long as the functional capacity of the unit is not increased or the unit is not being moved to another location, with a written notice to the Department at least 30 days prior to the intended change, or such shorter time frame as may be approved by the Department;
(8) changes to waste sampling or analysis methods to conform with the Department's guidance or regulations;
(9) changes to analytical quality assurance/control plan to conform to the Department's guidance or regulations;
(10) changes in procedures for maintaining the operating record;
(11) changes in frequency or content of inspection schedules that provide for more frequent or more thorough inspections;
(12) changes in the training plan that increase the amount or type of training given to employees;
(13) changes in emergency procedures that maintain or improve the effectiveness of the response;
(14) relocation of emergency equipment;
(15) changes to structures or equipment within the boundary of a permitted unit, but which the owner or operator certifies as not actively related to the storage, treatment, disposal or secondary containment of hazardous waste, with a written notice to the Department at least 30 days prior to the intended change, or such shorter time frame as may be approved by the Department;
(16) changes to a permit required by another regulatory agency, if the activities affected by the permit are not directly related to hazardous waste management, and do not have an impact on the permitted hazardous waste management activity, may be made without notifying the Department;
(17) For changes to a permit required by another regulatory agency, if the activities affected by the permit are related directly to hazardous waste management, but are not subject to the Department's permitting authority, they may be made with a written notice to DTSC at least 30 days prior to the intended change.
(c) The following changes to a facility's authorization require compliance with the Class 1* permit modification procedures (Class 1 modification procedures and prior written Departmental approval) specified in subsection (a) of section 66270.42:
(1) changes in ownership or operational control of a facility, provided the procedures of section 66270.40(b) are followed;
(2) changes to waste sampling or analysis methods that are other than those set forth in the Department's guidance or regulations;
(3) changes in interim compliance dates, with prior written approval of the Department;
(4) changes in procedures for decontamination of equipment or structures, with prior written approval of the Department;
(5) changes in the closure schedule for any unit, changes in the final closure schedule for the facility, or extension of the closure period, with prior written approval of the Department;
(6) changes to analytical quality assurance/control plan other than to conform to the Department's guidance or regulations;
(7) removal of equipment from the emergency equipment list;
(8) changes to the closure plan to reflect an increase in the estimated maximum extent of operations or maximum inventory of waste on site at any time during the active life of the facility;
(d) The following changes to a facility's authorization require compliance with the Class 2 permit modification procedures specified in subsection (b) of section 66270.42:
(1) physical and operational changes to a facility except as specified in subsections (b) or (c) of this section;
(2) changes in the approved closure plan resulting from unexpected events occurring during closure, unless otherwise addressed in this section;
(3) changes in frequency of, or procedures for, monitoring, reporting, sampling or maintenance activities that provide for less frequent monitoring, reporting, sampling or maintenance;
(4) changes in frequency or content of inspection schedules that provide for less frequent or less thorough inspections;
(5) changes in the training plan that decrease the type or amount of training given to employees;
(6) changes in emergency procedures that reduce the effectiveness of the response;
(7) changes in the expiration date of the permit to allow later permit termination.
(8) permit modifications that are designated in section 66270.42(d)(2)(C) or Appendix I of this Article as Class 3 modifications, but are determined by the Department, on a case-by-case basis, to have no significant potential for environmental concerns or significant public interest. If the Department determines, based on the nature of the proposed modification, the level of public interest, or other factors, that the modification shall be subject to the Class 3 permit modification procedures specified in section 66270.42(c), the modification shall be subject to the Class 3 permit modification procedures specified in section 66270.42(c).
(e) Notwithstanding subsections (b), (c) and (d) of this section, if the Department determines, on a case-by-case basis, that a proposed modification meets the criteria specified in section 66270.42(b)(6)(A)3, the modification shall be subject to the Class 3 permit modification procedures specified in section 66270.42(c).
(f) For changes not specifically addressed in this section, a facility owner/operator may propose a classification for the desired modification(s). A written proposal shall be made to the Department, and shall include the rationale behind the proposed classification.
(g) The Department may grant a temporary authorization pursuant to the procedures set forth in section 66270.42(e) for a Class 2 or Class 3 modification that is proposed for the purpose of effecting environmentally-beneficial changes to a facility.
(h) Notwithstanding section 66270.72, the owner or operator of an interim status facility may, for activities that are not subject to permitting or interim status requirements under the federal act, notify or request any modification to the facility pursuant to this Article.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25150 and 25200.15. 
  
 
 



s 66270.43. Revocation and Denial of Permits.
 (a) The Department may deny or revoke a permit for any cause specified in  Health and Safety Code section 25186.
(b) The following are additional causes for revoking a permit during its term, or for denying a permit renewal application:
(1) noncompliance by the permittee with any condition of the permit;
(2) the permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or
(3) a determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit denial, modification, or revocation.
(c) The Department shall follow the applicable procedures in chapter 20 or 21 of this division in revoking or denying any permit under this section.
 
  Note: Authority cited: Sections  25150 , 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186 and 25186.1, Health and Safety Code; 40 CFR Section 270.43. 
  
 



s 66270.50. Duration of Permits.
 (a) Permits shall be effective for a fixed term not to exceed 10 years.
(b) Except as provided in section 66270.51, the term of a permit shall not be extended by modification beyond the maximum duration specified in this section.
(c) When necessary to protect human health and safety or the environment, the Department shall issue a permit for a duration that is less than the full allowable term under this section.
(d) Each permit for a land disposal facility shall be reviewed by the Department five years after the date of permit issuance or reissuance and shall be modified as necessary, as provided in section 66270.41.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.50. 
  
 



s 66270.51. Continuation of Expiring Permits.
 (a) The conditions of an expired permit continue in force under chapter 6.5 of division 20 of the Health and Safety Code until the effective date of a new permit (see section 66271.14) if:
(1) the permittee has submitted a timely application under section 66270.14 and the applicable sections in section 66270.15 through section 66270.23 which is a complete (under section 66270.10(c)) application for a new permit; and
(2) the Department through no fault of the permittee, does not issue a new permit with an effective date under section 66271.14 on or before the expiration date of the previous permit (for example, when issuance is impracticable due to time or resource constraints).
(b) Effect. Permits continued under this section remain fully effective and enforceable.
(c) Enforcement. When the permittee is not in compliance with the conditions of the expiring or expired permit, the Department may choose to do any or all of the following:
(1) initiate enforcement action based upon the permit which has been continued;
(2) issue a notice of intent to deny the new permit under section 66271.5. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the. continued permit or be subject to enforcement action for operating without a permit;
(3) issue a new permit under chapter 21 of this division with appropriate conditions; or
(4) take other actions authorized by these regulations.
(d) If a permittee has submitted a timely and complete application under applicable State law and regulations, the terms and conditions of an USEPA-issued RCRA permit continue in force beyond the expiration date of the USEPA-issued RCRA permit, but only until the effective date of the Department's issuance or denial of a State permit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.51. 
  
 



s 66270.60. Permits by Rule.
 (a) Notwithstanding any other provision of this chapter, all variances previously issued to owners or operators of hazardous waste management units or facilities for treatment activities which are eligible for permit by rule are revoked effective May 1, 1992. This revocation date does not apply to temporary household hazardous waste collection facilities or K-12 schools hazardous waste collection, consolidation, and accumulation facilities (SHWCCAF) eligible for operation pursuant to article 5 of chapter 45 (commencing with section 67450.40). The owner or operator of a SHWCCAF operating under a variance issued by the department may continue operation under the conditions of the variance until the variance expires.
(b) No TTU owner or operator authorized to treat hazardous waste pursuant to a permit by rule before January 1, 1992 shall be deemed to have a permit after May 1, 1992 unless the TTU owner or operator submits a notification as specified in section 67450.2(a) and receives an acknowledgement from the Department authorizing operation of the TTU.
(c) An owner or operator who has been issued a formal hazardous waste facility permit pursuant to Health and Safety Code section 25200, or granted interim status pursuant to Health and Safety Code section 25200.5 for a unit or facility which is otherwise eligible for operation pursuant to a permit by rule may convert to operation pursuant to a permit by rule as follows:
(1) An owner or operator who has been issued a formal hazardous waste facility permit shall submit a written request for a permit modification to the Department pursuant to section 66271.4. All requirements established in the hazardous waste facility permit shall remain in effect pending completion of the modification proceedings.
(2) An owner or operator who has been granted interim status or another grant of authorization other than those specified in paragraph (3), and who intends to operate under a permit by rule shall advise the Department, in writing, of intent to operate pursuant to a permit by rule, request withdrawal of a submitted Part B application, if applicable, and submit the notification specified in subsection (d)(6)(A) of this section or section 67450.2(b)(2), whichever is applicable to the CUPA or authorized agency.
(d) Except as provided in Section 67450.9, the following shall be deemed to have a permit if the conditions listed are met:
(1)  The owner or operator of a publicly owned treatment works (POTW). The owner or operator of a POTW which accepts hazardous waste for treatment, shall be deemed to have a permit if the requirements of subsections (d)(1)(A) through (d)(1)(E) of this section are met:
(A) The owner or operator shall have a National Pollutant Discharge Elimination System (NPDES) permit and waste discharge requirements issued by a Regional Water Quality Control Board;
(B) The owner or operator shall comply with the conditions of the NPDES permit and waste discharge requirements;
(C) The owner or operator shall comply with the following regulations:
1. Section 66264.11, Identification Number;
2. Section 66264.71, Use of Manifest System;
3. Section 66264.72, Manifest Discrepancies;
4. Section 66264.73(a) and (b)(1), Operating Record;
5. Section 66264.75, Annual Report; and
6. Section 66264.76, Unmanifested Waste Report,
7. For NPDES permits issued after November 8, 1984, section 66264.801.
(D) The waste shall meet all Federal, State, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance;
(E) Hazardous wastes generated by a POTW shall be managed in compliance with the requirements of this chapter.
(2) The owner or operator of an ocean disposal barge or vessel.  The owner or operator of a barge or other vessel which accepts hazardous waste for ocean disposal, shall be deemed to have a permit if the requirements of subsections (d)(2)(A) through (d)(2)(C) of this section are met:
(A) The owner or operator shall have a permit for ocean dumping issued under  Title 40, CFR, Part 220 (Ocean Dumping, authorized by the Federal Marine Protection, Research, and Sanctuaries Act, Title 33, U.S.C., Section 1420 et seq.);
(B) The owner or operator shall comply with the conditions of that permit; and
(C) The owner or operator shall comply with the regulations specified in subsection (d)(1)(C) of this section.
(3) The owner or operator of a Transportable Treatment Unit (TTU). The owner or operator of a TTU that treats hazardous waste shall be deemed to have a permit when the requirements of section 67450.2(a) and 67450.3(a)(3) are met and the Department acknowledges authorization of the TTU pursuant to sections 67450.2(a)(3) and 67450.3(b).
(4) The owner or operator of a Fixed Treatment Unit (FTU). The owner or operator of a FTU that treats hazardous waste shall be deemed to have a permit when the requirements of section 67450.2(b) are met.
(5) The operator of a temporary household hazardous waste collection facility  (THHWCF). The operator of a THHWCF shall be deemed to have a permit when the operator complies with subsections (d)(5)(A) and (d)(5)(B) of this section. For purposes of this section, the public agency signing the notification required by subsection (d)(5)(A) of this section shall be deemed to have the permit to operate the THHWCF and shall assume all the responsibilities of an operator as specified in the sections applicable to THHWCFs. A public agency operating a THHWCF may enter into a written agreement with a person (contractor) to conduct the operations at the facility. The public agency shall be deemed the operator for the purposes of Chapters 20 and 45, and the other party to the agreement shall be deemed the contractor for the purposes of Chapters 20 and 45.
(A) The operator of a THHWCF shall submit, in person or by certified mail with return receipt requested, a Temporary Household Hazardous Waste Collection Facility Permit by Rule Notification (DTSC Form 8464) (9/94) to CUPA or authorized agency. Each notification may address all THHWCF events to be held at a given location during a single reporting period (January 1 through December 31). If significant changes to the notification information occur during the reporting period, an amended notification must be submitted immediately. The notification shall be submitted a minimum of 45 days in advance of the date the first session of the THHWCF commences operation. Each notification required by this subsection shall be completed, dated and signed according to the requirements of Section 66270.11 as those requirements apply to permit applications and shall be submitted with all of the following:
1. the name, mailing address and telephone number of the operator;
2. the facility name, address or legal description of the facility location and identification number issued by the Department;
3. an indication whether the facility will accept wastes from small quantity commercial sources;
4. a list of the days and hours of operation including alternate dates as appropriate;
5. the name, address and telephone number of the contact person for the THHWCF;
6. a listing of the local authorities that have been notified of the intended operation;
7. a listing of all local permits obtained for the operation of the facility;
8. an indication of an agreement between the property owner and facility operator allowing operation of the THHWCF; and
(B) Each THHWCF operator shall comply with the requirements specified in Section 67450.4 between the time the THHWCF session commences and the time the requirements of Section 67450.4(f) are met.
(6) The operator of a permanent household hazardous waste collection facility  (PHHWCF). The operator of a PHHWCF shall be deemed to have a permit when the operator complies with subsections (d)(6)(A) and (d)(6)(C) of this section and receives an acknowledgement from CUPA or authorized agency authorizing operation of the PHHWCF pursuant to subsection (d)(6)(B) of this section. For purposes of Chapter 20 commencing with section 66270.1, and Chapter 45 commencing with section 67450.1, the public agency signing the notification required by subparagraph (A) of this paragraph shall be deemed to have the permit to operate the PHHWCF and the public agency or its contractor who conducts the operation of the PHHWCF shall assume all the responsibilities of an operator as specified in sections 67450.25 and 67450.30. A public agency operating a PHHWCF may enter into a written agreement with a person to conduct the operations at the facility. In such instances, the public agency shall be deemed the operator for the purposes of Chapters 20 and 45, and the other party to the agreement shall be deemed the contractor for the purposes of Chapters 20 and 45.
(A) The operator of a PHHWCF shall submit, in person or by certified mail with return receipt requested, a Permanent Household Hazardous Waste Collection Facility Permit by Rule Notification (DTSC Form 1094B) (09/96) to CUPA or authorized agency. The notification shall be submitted a minimum of 45 days in advance of the planned commencement of operation except as provided in subsections (c)(2) and (c)(3) of this section. Each notification required by this subsection shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications and shall be submitted with all of the following:
1. the name, mailing address and telephone number of the operator;
2. the facility name, address, legal description of the facility location, and identification number issued by the Department;
3. the contractor's name, address, telephone number and name of the contact person, if applicable;
4. a listing of all local and state permits required for the operation of the facility, and an indication of whether those permits have been obtained;
5. a copy of a written agreement between the property owner and facility operator, if applicable, allowing operation of the PHHWCF;
6. an indication whether the facility will accept wastes from conditionally exempt small quantity generators;
7. an identification of the types of wastes that will be consolidated at the PHHWCF, if applicable;
8. an estimate of the total quantity of waste expected to be brought to the PHHWCF in an average month;
9. the design capacity of the storage units at the PHHWCF;
10. the operating schedule of the PHHWCF;
11. a narrative description of the facility and its operation, including a description of the length of time waste will be held at the facility;
12. a plot plan of the facility showing the general perimeters of the facility, traffic patterns, and all hazardous waste management units, and including the information specified in sections 66270.14(b)(18)(A), (F), (G), (H), (J), and (L). (This requirement may be satisfied by submitting a hand drawn schematic.)
(B) CUPA or authorized agency within thirty (30) calendar days of receipt of a notification submitted pursuant to subsection (d)(6)(A) of this section, shall acknowledge in writing receipt of the notification. CUPA or authorized agency shall, in conjunction with the acknowledgement, authorize operation of the PHHWCF subject to the requirements and conditions of section 67450.25; deny authorization to operate under a permit by rule pursuant to section 67450.9(a); or notify the operator that the notification is incomplete or inaccurate and inform the operator of the additional information or correction(s) needed. CUPA or authorized agency shall deny the notification of any operator who fails to provide the information or correction(s) requested within ten (10) calendar days of receipt of the acknowledgement. Upon good cause shown by the operator, CUPA or authorized agency shall grant the operator additional time to provide the information or correction(s) requested. An operator whose notification is rejected may submit a new or revised notification.
(C) Fortyfive (45) calendar days prior to implementing any change in the operation of the facility as described in the notification required by paragraph (A) of this subsection, the operator shall send a revised notification (DTSC Form 1094B) (09/96) to CUPA or authorized agency. CUPA or authorized agency shall notify the operator if the information is incomplete or inaccurate within thirty (30) calendar days of receipt of the revised notification. Upon good cause shown by the operator, CUPA or authorized agency shall allow the operator to submit the revised notification within a shorter period of time prior to implementing the change.
(D) CUPA or authorized agency, within thirty (30) calendar days of receipt of a revised notification submitted pursuant to subsection (d)(6)(C) of this section, shall acknowledge in writing receipt of the revised notification. CUPA or authorized agency shall, in conjunction with the acknowledgment, authorize continued operation of the PHHWCF subject to the requirements and conditions of section 67450.25; deny authorization to operate under a permit by rule pursuant to section 67450.9(a); or notify the operator that the revised notification is incomplete or inaccurate and inform the operator of the additional information or correction(s) needed. CUPA or authorized agency shall deny the revised notification of any operator who fails to provide the information or correction(s) requested within ten (10) calendar days of receipt of the acknowledgment. Upon good cause shown by the operator, CUPA or authorized agency shall grant the operator additional time to provide the information or correction(s) requested. An operator whose revised notification is rejected may submit a new revised notification.
(E) Each PHHWCF operator and contractor shall comply with the requirements specified in section 67450.25 between the time the PHHWCF commences operation and the time the requirements of section 66265.111 are met.
(7) The owner or operator of a K-12 schools hazardous waste collection, consolidation, and accumulation facility (SHWCCAF). The owner or operator of a SHWCCAF shall be deemed to have a permit when the requirements of section 67450.43 are met and the SHWCCAF receives an acknowledgement from the CUPA or authorized agency authorizing operation of the SHWCCAF pursuant to sections 67450.43(e) or (g).
(A) The owner or operator of a SHWCCAF operating under a variance issued by the department shall submit a notification of intent to operate as a SHWCCAF under permit by rule pursuant to section 67450.43 no later than 45 days prior to the expiration date of the variance. The owner or operator of a SHWCCAF operating under a variance issued by the department shall discontinue operation of the SHWCCAF after the expiration date of the variance unless authorization to operate under permit by rule is received pursuant to section 67450.43(e).
 
  Note: Authority cited: Sections 25150, 25150.6, 25200, 25218.3(d) and 58012, Health and Safety Code. Reference: Sections 25150.6, 25159, 25159.5, 25200, 25218.2, 25218.3 and 25218.8, Health and Safety Code. 
  
 



s 66270.61. Emergency Permits.
 (a) Notwithstanding any other provision of this chapter or chapter 21 of this division, in the event the Department finds an imminent and substantial endangerment to human health or the environment the Department may issue a temporary emergency permit:
(1) to an otherwise non-permitted facility, including but not limited to, a facility operating pursuant to interim status or a variance, etc., to allow transfer, treatment, storage, or disposal of hazardous waste; or
(2) to a permitted facility to allow transfer, treatment, storage, or disposal of a hazardous waste not covered by an effective permit.
(b) This emergency permit:
(1) may be oral or written. If oral, it shall be followed in five days by a written emergency permit;
(2) shall not exceed 90 days in duration;
(3) shall clearly specify the hazardous wastes to be received, and the manner and location of their transfer, treatment, storage, or disposal;
(4) may be terminated by the Department at any time without process if it is determined that termination is appropriate to protect human health or the environment;
(5) shall be accompanied by a public notice published under section 66271.9 including:
(A) name and address of the office granting the emergency authorization;
(B) name and location of the permitted HWM facility;
(C) a brief description of the wastes involved;
(D) a brief description of the action authorized and reasons for authorizing it; and
(E) duration of the emergency permit; and
(6) shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this chapter and chapters 14 and 16 of this division .
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.61. 
  
 



s 66270.62. Hazardous Waste Incinerator Permits.
 (a) For the purposes of determining operational readiness following completion of physical construction, the Department shall establish permit conditions, including but not limited to allowable waste feeds and operating conditions, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to bring the incinerator to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time for treatment of hazardous waste. The Department may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to section 66270.42 of this chapter.
(1) Applicants shall submit a statement, with Part B of the permit application, which suggests the conditions necessary to operate in compliance with the performance standards of section 66264.343 of this division during this period. This statement must include, at a minimum, restrictions on waste constituents, waste feed rates and the operating parameters identified in section 66264.345.
(2) The Department will review this statement and any other relevant information submitted with Part B of the permit application and specify requirements for this period sufficient to meet the performance standards of section 66264.343 of this division based on its engineering judgment.
(b) For the purposes of determining feasibility of compliance with the performance standards of section 66264.343 of this division and of determining adequate operating conditions under section 66264.345 of this division, the Department shall establish conditions in the permit for a new hazardous waste incinerator to be effective during the trial burn.
(1) Applicants shall propose a trial burn plan, prepared under subsection  (b)(2) of this section with Part B of the permit application.
(2) The trial burn plan shall include the following information:
(A) an analysis of each waste or mixture of wastes to be burned which includes:
1. heat value of the waste in the form and composition in which it will be burned;
2. viscosity (if applicable), or description of the physical form of the waste;
3. an identification of any hazardous organic constituents listed in chapter 11, Appendix VIII of this division, which are present in the waste to be burned, except that the applicant need not analyze for constituents listed in chapter 11, Appendix VIII of this division which would reasonably not be expected to be found in the waste. The constituents excluded from analysis shall be identified, and the basis for the exclusion stated. The waste analysis shall rely on analytical techniques specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA publication SW-846, Third Edition and updates (incorporated by reference in section 66260.11), or other equivalent;
4. an approximate quantification of the hazardous constituents identified in the waste, within the precision produced by the analytical methods specified in "Test Methods for Evaluating SolidWaste, Physical/Chemical Methods", EPA publication SW-846, Third edition and updates (incorporated by reference in section 66260.11), or their equivalent;
(B) a detailed engineering description of the incinerator for which the permit is sought including:
1. manufacturer's name and model number of incinerator (if available);
2. type of incinerator;
3. linear dimensions of the incinerator unit including the cross sectional area of combustion chamber;
4. description of the auxiliary fuel system type/feed);
5. capacity of prime mover;
6. description of automatic waste feed cut-off system(s);
7. stack gas monitoring and pollution control equipment;
8. nozzle and burner design;
9. construction materials;
10. location and description of temperature, pressure, and flow indicating and control devices;
(C) a detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis;
(D) a detailed test schedule for each waste for which the trial burn is planned including date(s), duration, quantity of waste to be burned, and other factors relevant to the Department's decision under subsection (b)(5) of this section;
(E) a detailed test protocol, including, for each waste identified, the ranges of temperature, waste feed rate, combustion gas velocity, use of auxiliary fuel, and any other relevant parameters that will be varied to affect the destruction and removal efficiency of the incinerator;
(F) a description of, and planned operating conditions for, any emission control equipment which will be used;
(G) procedures for rapidly stopping waste feed, shutting down the incinerator, and controlling emissions in the event of an equipment malfunction;
(H) such other information as the Department reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this section and the criteria in subsection (b)(5) of this section.
(3) The Department, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this section.
(4) Based on the waste analysis data in the trial burn plan, the Department will specify as trial Principal Organic Hazardous Constituents (POHCs), those constituents for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs will be specified by the Department based on its estimate of the difficulty of incineration of the constituents identified in the waste analysis, their concentration or mass in the waste feed, and, for wastes listed in chapter 11, article 4, of this division, the hazardous waste organic constituent or constituents identified in Appendix VII of that chapter as the basis for listing.
(5) The Department shall approve a trial burn plan if it finds that:
(A) the trial burn is likely to determine whether the incinerator performance standard required by section 66264.343 of this division can be met;
(B) the trial burn itself will not present an imminent hazard to human health or the environment;
(C) the trial burn will help the Department to determine operating requirements to be specified under section 66264.345; and
(D) the information sought in subsections (b)(5)(A) and (B) of this section cannot reasonably be developed through other means.
(6) For facilities applying for a RCRA permit, the Director must send a notice to all persons on the facility mailing list as set forth in section 66271.9(c)(1)(D) and to the appropriate units of State and local government as set forth in section 66271.9(c)(1)(E) announcing the scheduled commencement and completion dates for the trial burn. The applicant may not commence the trial burn until after the Director has issued such notice.
(A) This notice must be mailed within a reasonable time period before the scheduled trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the Department.
(B) This notice must contain:
1. The name and telephone number of the applicant's contact person;
2. The name and telephone number of the permitting agency's contact office;
3. The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and
4. An expected time period for commencement and completion of the trial burn.
(7) During each approved trial burn (or as soon after the burn as is practicable), the applicant shall make the following determinations:
(A) a quantitative analysis of the trial POHCs in the waste feed to the incinerator;
(B) a quantitative analysis of the exhaust gas for the concentration and mass emissions of the trial POHCs, oxygen (O 2) and hydrogen chloride (HCl);
(C) a quantitative analysis of the scrubber water (if any), ash residues, and other residues, for the purpose of estimating the fate of the trial POHCs;
(D) a computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in section 66264.343(a);
(E) if the HCl emission rate exceeds 1.8 kilograms of HCl per hour (4 pounds per hour), a computation of HCl removal efficiency in accordance with section 66264.343(b);
(F) a computation of particulate emissions, in accordance with section 66264.343(c);
(G) an identification of sources of fugitive emissions and their means of control;
(H) a measurement of average, maximum, and minimum temperatures and combustion gas velocity;
(I) a continuous measurement of carbon monoxide (CO) in the exhaust gas;
(J) such other information as the Department may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in section 66264.343 of this division and to establish the operating conditions required by section 66264.345 of this division as necessary to meet that performance standard.
(8) The applicant shall submit to the Department a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in subsection (b)(6) of this section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Department.
(9) All data collected during any trial burn shall be submitted to the Department following the completion of the trial burn.
(10) All submissions required by this subsection shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 66270.11.
(11) Based on the results of the trial burn, the Department shall set the operating requirements in the final permit according to section 66264.345 of this division. The permit modification shall proceed according to section 66270.42.
(c) For the purposes of allowing operation of a new hazardous waste incinerator following completion of the trial burn and prior to final modification of the permit conditions to reflect the trial burn results, the Department may establish permit conditions, including but not limited to allowable waste feeds and operating conditions sufficient to meet the requirements of section 66264.345 of this division, in the permit to a new hazardous waste incinerator. These permit conditions will be effective for the minimum time required to complete sample analysis, data computation and submission of the trial burn results by the applicant, and modification of the facility permit by the Department.
(1) Applicants shall submit a statement, with Part B of the permit application, which identifies the conditions necessary to operate in compliance with the performance standards of section 66264.343 of this division, during this period. This statement must include, at a minimum, restrictions on waste constituents, waste feed rates, and the operating parameters in section 66264.345 of this division.-(2) The Department will review this statement and any other relevant information submitted with Part B of the permit application and specify those requirements for this period most likely to meet the performance standards of section 66264.343 of this division based on the Department's engineering judgment.(d) For the purposes of determining feasibility of compliance with the performance standards of section 66264.343 of this division and of determining adequate operating conditions under section 66264.345 of this division, the applicant for a permit for an existing hazardous waste incinerator shall prepare and submit a trial burn plan and perform a trial burn in accordance with section 66270.19(b) and subsections (b)(2) through (b)(5) and (b)(7) through (b)(10) of this section or, instead, submit other information as specified in section 66270.19(c). Applicants submitting information under section 66270.19(a) are exempt from compliance with sections 66264.343 and 66264.345 and, therefore, are exempt from the requirement to conduct a trial burn. Applicants who submit trial burn plans and receive approval before submission of a permit application shall complete the trial burn and submit the results, specified in subsection (b)(7), with Part B of the permit application. If completion of this process conflicts with the date set for submission of the Part B application, the applicant shall contact the Department to establish a later date for submission of the Part B application or the trial burn results. Trial burn results shall be submitted prior to issuance of the permit. When the applicant submits a trial burn plan with Part B of the permit application, the Department shall specify a time period prior to permit issuance in which the trial burn shall be conducted and the results submitted.(1) For facilities applying for RCRA permits, the Director shall announce his or her intention to approve the trial burn plan in accordance with the timing and distribution requirements of subsection (b)(6) of this section. The contents of the notice shall include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the Department; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for Department approval of the plan and the time period during which the trial burn would be conducted.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.62. 
  
 



s 66270.63. Permits for Land Treatment Demonstrations Using Field Test or Laboratory Analyses.
 (a) For the purpose of allowing an owner or operator to meet the treatment demonstration requirements of section 66264.272 of this division, the Department may issue a treatment demonstration permit. The permit shall contain only those requirements necessary to meet the standards in section 66264.272(c). The permit may be issued either as a treatment or disposal permit covering only the field test or laboratory analyses, or as a two-phase facility permit covering the field tests, or laboratory analyses, and design, construction operation and maintenance of the land treatment unit.
(1) The Department shall issue a two-phase facility permit if it finds that, based on information submitted in Part B of the application, substantial, although incomplete or inconclusive, information already exists upon which to base the issuance of a facility permit.
(2) If the Department finds that not enough information exists upon which it can establish permit conditions to provide for compliance with all of the requirements of article 13 of chapter 14 of this division the Department shall issue a treatment demonstration permit covering only the field test or laboratory analyses.
(b) If the Department finds that a phased permit may be issued, the Department will establish, as requirements in the first phase of the facility permit, conditions for conducting the field tests or laboratory analyses. These permit conditions will include design and operating parameters (including the duration of the tests or analyses and, in the case of field tests, the horizontal and vertical dimensions of the treatment zone), monitoring procedures, post-demonstration clean-up activities, and any other conditions which the Department finds may be necessary under section 66264.272(c). The Department will include conditions in the second phase of the facility permit to attempt to meet all requirements listed in article 13 of chapter 14 of this division pertaining to unit design, construction, operation, and maintenance. The Department will establish these conditions in the second phase of the permit based upon the substantial but incomplete or inconclusive information contained in the Part B application.
(1) The first phase of the permit will be effective as provided in section 66271.14(b) of this division.
(2) The second phase of the permit will be effective as provided in subsection  (d) of this section.
(c) When the owner or operator who has been issued a two-phase permit has completed the treatment demonstration, the owner, or operator shall submit to the Department a certification, signed by a person authorized to sign a permit application or report under section 66270.11, that the field tests or laboratory analyses have been carried out in accordance with the conditions specified in phase one of the permit for conducting such tests or analyses. The owner or operator shall also submit all data collected during the field tests or laboratory analyses within 90 days of completion of those tests or analyses unless the Department approves a later date.
(d) If the Department determines that the results of the field tests or laboratory analyses meet the requirements of section 66264.272 of this division, the Department will modify the second phase of the permit to incorporate any requirements necessary for operation of the facility in compliance with chapter 14, article 13, of this division, based upon the results of the field tests or laboratory analyses.
(1) This permit modification may proceed under section 66270.42, or otherwise will proceed as a modification under section 66270.41(a)(2). If such modifications are necessary, the second phase of the permit shall become effective only after those modifications have been made.
(2) If no modifications of the second phase of the permit are necessary, the Department will give notice of its final decision to the permit applicant and to each person who submitted written comments on the phased permit or who requested notice of the final decision on the second phase of the permit. The second phase of the permit then will become effective as specified in section 66271.14(b).
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.63. 
  
 



s 66270.65. Research, Development, and Demonstration Permits.
 (a) The Department may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under chapter 14 or 16 of this division. Any such permit shall include such terms and conditions that shall assure protection of human health and safety, livestock, wildlife and the environment. Such permits:
(1) shall provide for the construction of such facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in subsection (d) of this section, and
(2) shall provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the Department deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and safety, livestock, wildlife and the environment, and
(3) shall include such requirements as the Department deems necessary to protect human health and safety, livestock, wildlife and the environment (including, but not limited to, requirements regarding monitoring, operation, financial responsibility, closure, and remedial action), and such requirements as the Department deems necessary regarding testing and providing of information to the Department with respect to the operation of the facility.
(b) If an applicant demonstrates to the satisfaction of the Department that the expedited review and issuance of a permit under this section is necessary for the protection of human health and safety, and the environment, the Department shall modify or waive permit application and permit issuance requirements in chapters 20 and 21 of this division to the extent necessary to protect human health and safety and the environment except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures regarding public participation.
(c) The Department shall order an immediate termination of all operations at the facility at any time the Department determines that termination is necessary to protect human health and safety, livestock, wildlife and the environment.
(d) Any permit issued under this section may be renewed not more than three times. Each such renewal shall be for a period of not more than 1 year.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.65. 
  
 



s 66270.66. Permits for Boilers and Industrial Furnaces Burning Hazardous Waste.
 (a) General. Owners and operators of new boilers and industrial furnaces  (those not operating under the interim status standards of section 66266.103 of chapter 16) are subject to subsections (b) through (f) of this section. Boilers and industrial furnaces operating under the interim status standards of section 66266.103 of chapter 16 are subject to subsection (g) of this section.
(b) Permit operating periods for new boilers and industrial furnaces. A permit for a new boiler or industrial furnace shall specify appropriate conditions for the following operating periods:
(1) Pretrial burn period. For the period beginning with initial introduction of hazardous waste and ending with initiation of the trial burn, and only for the minimum time required to bring the boiler or industrial furnace to a point of operational readiness to conduct a trial burn, not to exceed 720 hours operating time when burning hazardous waste, the Director shall establish in the Pretrial Burn Period of the permit conditions, including but not limited to, allowable hazardous waste feed rates and operating conditions. The Director may extend the duration of this operational period once, for up to 720 additional hours, at the request of the applicant when good cause is shown. The permit may be modified to reflect the extension according to section 66270.42.
(A) Applicants shall submit a statement, with part B of the permit application, that suggests the conditions necessary to operate in compliance with the standards of sections 66266.104 through 66266.107 of chapter 16 during this period. This statement should include, at a minimum, restrictions on the applicable operating requirements identified in section 66266.102(e) of chapter 16.
(B) The Director will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of sections 66266.104 through 66266.107 of chapter 16 based on the Director's engineering judgment.
(2) Trial burn period. For the duration of the trial burn, the Director shall establish conditions in the permit for the purposes of determining feasibility of compliance with the performance standards of sections 66266.104 through 66266.107 of chapter 16 and determining adequate operating conditions under section 66266.102(e) of chapter 16. Applicants shall propose a trial burn plan, prepared under subsection (c) of this section, to be submitted with part B of the permit application.
(3) Post-trial burn period. (A) For the period immediately following completion of the trial burn, and only for the minimum period sufficient to allow sample analysis, data computation, and submission of the trial burn results by the applicant, and review of the trial burn results and modification of the facility permit by the Director to reflect the trial burn results, the Director will establish the operating requirements most likely to ensure compliance with the performance standards of sections 66266.104 through 66266.107 of chapter 16 based on the Director's engineering judgment.
(B) Applicants shall submit a statement, with part B of the application, that identifies the conditions necessary to operate during this period in compliance with the performance standards of sections 66266.104 through 66266.107 of chapter 16. This statement should include, at a minimum, restrictions on the operating requirements provided by section 66266.102(e) of chapter 16.
(C) The Director will review this statement and any other relevant information submitted with part B of the permit application and specify requirements for this period sufficient to meet the performance standards of sections 66266.104 through 66266.107 of chapter 16 based on the Director's engineering judgment.
(4) Final permit period. For the final period of operation, the Director will develop operating requirements in conformance with section 66266.102(e) of chapter 16 that reflect conditions in the trial burn plan and are likely to ensure compliance with the performance standards of sections 66266.104 through 66266.107 of chapter 16. Based on the trial burn results, the Director shall make any necessary modifications to the operating requirements to ensure compliance with the performance standards. The permit modification shall proceed according to section 66270.42.
(c) Requirements for trial burn plans. The trial burn plan shall include the following information. The Director, in reviewing the trial burn plan, shall evaluate the sufficiency of the information provided and may require the applicant to supplement this information, if necessary, to achieve the purposes of this subsection:
(1) An analysis of each feed stream, including hazardous waste, other fuels, and industrial furnace feed stocks, as fired, that includes:
(A) Heating value, levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, silver, thallium, total chlorine/chloride, and ash;
(B) Viscosity or description of the physical form of the feed stream;
(2) An analysis of each hazardous waste, as fired, including:
(A) An identification of any hazardous organic constituents listed in appendix VIII, chapter 11, that are present in the feed stream, except that the applicant need not analyze for constituents listed in appendix VIII that would reasonably not be expected to be found in the hazardous waste. The constituents excluded from analysis shall be identified and the basis for this exclusion explained. The waste analysis shall be conducted in accordance with analytical techniques specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", US EPA publication SW-846, Third Edition and updates as incorporated by reference in section 66260.11, or their equivalent.
(B) An approximate quantification of the hazardous constituents identified in the hazardous waste, within the precision produced by the analytical methods specified in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", US EPA publication SW-846, Third Edition incorporated by reference in section 66260.11, or other equivalent.
(C) A description of blending procedures, if applicable, prior to firing the hazardous waste, including a detailed analysis of the hazardous waste prior to blending, an analysis of the material with which the hazardous waste is blended, and blending ratios.
(3) A detailed engineering description of the boiler or industrial furnace, including:
(A) Manufacturer's name and model number of the boiler or industrial furnace;
(B) Type of boiler or industrial furnace;
(C) Maximum design capacity in appropriate units;
(D) Description of the feed system for the hazardous waste, and, as appropriate, other fuels and industrial furnace feedstocks;
(E) Capacity of hazardous waste feed system;
(F) Description of automatic hazardous waste feed cutoff system(s); and
(G) Description of any pollution control system; and
(H) Description of stack gas monitoring and any pollution control monitoring systems.
(4) A detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(5) A detailed test schedule for each hazardous waste for which the trial burn is planned, including date(s), duration, quantity of hazardous waste to be burned, and other factors relevant to the Director's decision under subsection (b)(2) of this section.
(6) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feed rate, and, as appropriate, the feed rates of other fuels and industrial furnace feedstocks, and any other relevant parameters that may affect the ability of the boiler or industrial furnace to meet the performance standards in sections 66266.104 through 66266.107 of chapter 16.
(7) A description of, and planned operating conditions for, any emission control equipment that will be used.
(8) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction.
(9) Such other information as the Director reasonably finds necessary to determine whether to approve the trial burn plan in light of the purposes of this subsection and the criteria in subsection (b)(2) of this section.
(d) Trial burn procedures. (1) A trial burn shall be conducted to demonstrate conformance with the standards of sections 66266.104 through 66266.107 of chapter 16 under an approved trial burn plan.
(2) The Director shall approve a trial burn plan if the Director finds that:
(A) The trial burn is likely to determine whether the boiler or industrial furnace can meet the performance standards of sections 66266.104 through 66266.107 of chapter 16;
(B) The trial burn itself will not present an imminent hazard to human health and the environment;
(C) The trial burn will help the Director to determine operating requirements to be specified under section 66266.102(e) of chapter 16; and
(D) The information sought in the trial burn cannot reasonably be developed through other means.
(3) The applicant shall submit to the Director a certification that the trial burn has been carried out in accordance with the approved trial burn plan, and shall submit the results of all the determinations required in subsection (c) of this section. This submission shall be made within 90 days of completion of the trial burn, or later if approved by the Director.
(4) All data collected during any trial burn shall be submitted to the Director following completion of the trial burn.
(5) All submissions required by this subsection shall be certified on behalf of the applicant by the signature of a person authorized to sign a permit application or a report under section 66270.11.
(6) For facilities applying for RCRA permits, the Director must send a notice to all persons on the facility mailing list as set forth in section 66271.9(c)(1)(D) and to the appropriate units of State and local government as set forth in section 66271.9(c)(1)(E) announcing the scheduled commencement and completion dates for the trial burn. The applicant
may not commence the trial burn until after the Director has issued such notice.
(A) This notice must be mailed within a reasonable time period before the trial burn. An additional notice is not required if the trial burn is delayed due to circumstances beyond the control of the facility or the Department.
(B) This notice must contain:
1. The name and telephone number of applicant's contact person;
2. The name and telephone number of the permitting agency contact office;
3. The location where the approved trial burn plan and any supporting documents can be reviewed and copied; and
4. An expected time period for commencement and completion of the trial burn.
(e) Special procedures for DRE trial burns. When a DRE trial burn is required under section 66266.104(a) of chapter 16, the Director will specify (based on the hazardous waste analysis data and other information in the trial burn plan) as trial Principal Organic Hazardous Constituents (POHCs) those compounds for which destruction and removal efficiencies shall be calculated during the trial burn. These trial POHCs will be specified by the Director based on information including the Director's estimate of the difficulty of destroying the constituents identified in the hazardous waste analysis, their concentrations or mass in the hazardous waste feed, and, for hazardous waste containing or derived from wastes listed in chapter 11, article 4, the hazardous waste organic constituent(s) identified in appendix VII of that chapter as the basis for listing.
(f) Determinations based on trial burn. During each approved trial burn (or as soon after the burn as is practicable), the applicant shall make the following determinations:
(1) A quantitative analysis of the levels of antimony, arsenic, barium, beryllium, cadmium, chromium, lead, mercury, thallium, silver, and chlorine/chloride, in the feed streams (hazardous waste, other fuels, and industrial furnace feedstocks);
(2) When a DRE trial burn is required under section 66266.104(a) of chapter 16:
(A) A quantitative analysis of the trial POHCs in the hazardous waste feed;
(B) A quantitative analysis of the stack gas for the concentration and mass emissions of the trial POHCs; and
(C) A computation of destruction and removal efficiency (DRE), in accordance with the DRE formula specified in section 66266.104(a) of chapter 16;
(3) When a trial burn for chlorinated dioxins and furans is required under section 66266.104(e) of chapter 16, a quantitative analysis of the stack gas for the concentration and mass emission rate of the 2,3,7,8-chlorinated tetra-octa congeners of chlorinated dibenzo-p-dioxins and furans, and a computation showing conformance with the emission standard.
(4) When a trial burn for particulate matter, metals, or HCl/Cl 2  is required under sections 66266.105, 66266.106 (c) or (d), or 66266.107 (b)(2) or (c) of chapter 16, a quantitative analysis of the stack gas for the concentrations and mass emissions of particulate matter, metals, or hydrogen chloride (HCl) and chlorine (Cl 2), and computations showing conformance with the applicable emission performance standards;
(5) When a trial burn for DRE, metals, or HCl/Cl 2  is required under sections 66266.104(a), 66266.106 (c) or (d), or 66266.107 (b)(2) or (c) of chapter 16, a quantitative analysis of the scrubber water (if any), ash residues, other residues, and products for the purpose of estimating the fate of the trial POHCs, metals, and chlorine/chloride;
(6) An identification of sources of fugitive emissions and their means of control;
(7) A continuous measurement of carbon monoxide (CO), oxygen, and where required, hydrocarbons (HC), in the stack gas; and
(8) Such other information as the Director may specify as necessary to ensure that the trial burn will determine compliance with the performance standards in sections 66266.104 through 66266.107 of chapter 16 and to establish the operating conditions required by section 66266.102(e) of chapter 16 as necessary to meet those performance standards.
(g) Interim status boilers and industrial furnaces. For the purpose of determining feasibility of compliance with the performance standards of sections 66266.104 through 66266.107 of chapter 16 and of determining adequate operating conditions under section 66266.103 of chapter 16, applicants owning or operating existing boilers or industrial furnaces operated under the interim status standards of section 66266.103 shall either prepare and submit a trial burn plan and perform a trial burn in accordance with the requirements of this section or submit other information as specified in section 66270.22(a)(6). Applicants who submit a trial burn plan and receive approval before submission of the part B permit application shall complete the trial burn and submit the results specified in subsection (f) of this section with the part B permit application. If completion of this process conflicts with the date set for submission of the part B application, the applicant shall contact the Director to establish a later date for submission of the part B application or the trial burn results. If the applicant submits a trial burn plan with part B of the permit application, the trial burn shall be conducted and the results submitted within a time period prior to permit issuance to be specified by the Director.
(1) For facilities applying for RCRA permits, the Director must announce his or her intention to approve the trial burn plan in accordance with the timing and distribution requirements of paragraph (d)(6) of this section. The contents of the notice must include: the name and telephone number of a contact person at the facility; the name and telephone number of a contact office at the permitting agency; the location where the trial burn plan and any supporting documents can be reviewed and copied; and a schedule of the activities that are required prior to permit issuance, including the anticipated time schedule for agency approval of the plan and the time period during which the trial burn would be conducted.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25245,  58004 and 58012, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; and 40 CFR Section 270.66. 
  
 



s 66270.67. Transportable Treatment Unit Standardized Permit.
 (a) The owner or operator of a TTU that treats reactive wastes or extremely hazardous wastes, the treatment of which does not require a permit under the federal act, is eligible for a TTU Standardized Permit, except when conducting the following activities:
(1) used oil recycling activities as defined in Health and Safety Code section 25250.1;
(2) recycling or reclamation of federally regulated solvents identified by EPA hazardous waste numbers F001, F002, F003, F004 and F005 pursuant to 40 CFR section 261.31.
(3) operating treatment units that are not authorized pursuant to Title 22, California Code of Regulations, Division 4.5, Chapter 14 or Chapter 15 that engage in incineration, thermal destruction or land disposal activities.
(b) To apply for a TTU Standardized Permit, the owner or operator shall submit to Department the following information dated and signed as required by section 66270.11 for TTU operation:
(1) name, mailing address, and telephone number of both the owner and operator of the TTU;
(2) name and address or legal description of the location where the TTU is stored when not in use;
(3) identification number of the location where the TTU is stored, if any, and Board of Equalization account number;
(4) a description of the specific waste type(s) that will be treated;
(5) a description of the treatment process(s) that will be used;
(6) a description of how all treatment effluents and residuals will be managed;
(7) the serial number of the TTU for which a permit is requested;
(8) information as to whether the TTU operation is new or existing;
(9) a detailed sampling and waste analysis plan describing how representative samples will be collected and analyzed during TTU operations as required by section 66264.13;
(10) a description of procedures to prevent the release of hazardous waste and constituents to air, soil and groundwater during TTU operations;
(11) information on how the owner of the property where the TTU is stored will be notified that the TTU is being stored on the property;
(12) a description of preparedness and prevention procedures for the TTU operations, as required pursuant to chapter 14, article 3 of this division for the TTU operations;
(13) training documents as specified in section 66264.16(d)(4);
(14) a copy of the contingency plan for as specified by chapter 14, article 4 of this division;
(15) documentation of compliance with article 8 of chapter 14 of this division for financial responsibility; and
(16) a written closure plan as specified by section 67450.3(a)(13)(B).
(c) The owner or operator of the TTU shall discharge any effluent or treatment residual during TTU operation pursuant to section 67450.3(a)(7).
(d) The Department shall issue, modify, reissue, deny or revoke the permit for TTU operation pursuant to the procedures in Chapter 21 except for section 66271.2(a).
(e) The Department shall not begin the processing of a permit until the applicant has fully complied with subsection (b) of this section for that permit.
(f) California Environmental Quality Act (CEQA) information requirements. Unless the Department has determined that the activity to be permitted is exempt from the requirements of CEQA pursuant to title 14, CCR, section 15061, the applicant shall submit all information necessary to enable the Department to prepare an Initial Study meeting the requirements of title 14, CCR, section 15063.
(g) The owner or operator of the TTU shall submit to the Department, for each site where the TTU will perform treatment, site-specific information, as specified by subsections 67450.3(a)(3)(A) and (C), and a certification, signed by the owner or operator, specifying the local authorities that have been notified of the intended date(s) of operation, pursuant to section 67450.3(a)(3)(B). The site-specific information shall be submitted at least twenty-one (21) days prior to each site visit, unless the Department approves a shorter period of time upon a showing of good cause by the owner or operator. The information shall be completed, dated and signed according to the requirements of section 66270.11.
(h) If the owner or operator of the TTU is the generator of the waste influents treated by the TTU, the owner or operator is subject to the corrective action requirements specified in section 66264.100.
(i) The TTU may only be stationed and operated at a site if the conditions specified in section 67450.3(a)(8) are met.
(j) The owner or operator of a TTU who uses rental equipment shall do all of the following:
(1) prior to use of the TTU, notify the rental equipment owner of how the rental equipment will be used;
(2) properly remove and/or decontaminate equipment, structures, soil and all collected materials and wastes after termination of the TTU operation and assure that all contaminated materials and wastes are removed by a registered hazardous waste transporter or as otherwise authorized by law.
(3) certify in writing to the rental equipment owner that the rental equipment has been properly decontaminated; and
(4) keep copies of all correspondence related to rental equipment for three (3) years.
(k) The owner or operator of the TTU shall prepare and submit an annual report for TTU operation to the Department as specified in section 67450.3(a)(12).
( l) The owner or operator of the TTU shall maintain compliance for TTU operation with the following requirements:
(1) H&SC, sections 25200.2, annual and facility fees.
(2) H&SC, section 25205.7, application processing fee requirements.
(3) section 66264.11, Identification Number.
(4) section 66264.14, Security Requirements.
(5) section 66264.15, General Inspection Requirements.
(6) section 66264.17, General Requirements for Ignitable, Reactive, or Incompatible Wastes.
(7) section 66264.114, Disposal or Decontamination of Equipment, Structures and Soils.
(8) sections 66264.117, 66264.118, 66264.119, and 66264.120, post closure requirements.
(9) section 66264.143, Financial Assurance for Closure.
(10) chapter 14 of this division:
(A) article 5. Manifest System, Recordkeeping and Reporting (except for sections 66264.73(b)(2), 66264.73(b)(6), 66264.73(b)(7), 66264.73(b)(15) and 66264.75;
(B) article 9. Use and Management of Containers; and
(C) article 10. Tank Systems.
(11) chapter 15, article 17; Chemical, Physical, and Biological Treatment
(12) section 66270.42, Permit Modification at the Request of the Permittee.
(m) If treatment is conducted in containers and/or tanks, the owner or operator of TTU shall comply with the containment requirements of sections 66264.175 and 66264.193, respectively.
(n) The owner or operator of the TTU shall maintain the TTU Standardized Permit and the documents specified in subsections (g), (j) and (k) of this section at the site or facility where the TTU is operating. The owner or operator shall make these documents available upon demand at the site or facility to any representative of the Department, the U.S. Environmental Protection Agency or a local governmental agency.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25150 and 25200.2, Health and Safety Code. 
  
 



s 66270.68. [Reserved]

 



s 66270.69. Standardized Permit.
 (a) Notwithstanding any other provisions of this division, offsite treatment or storage activities, other than those specified in paragraphs (1) through (3) of this section, that do not require a permit under the federal act may be eligible for a standardized permit pursuant to section 25201.6 of the Health and Safety Code. The following are not eligible for a standardized permit:
(1) used oil recycling activities as defined in Health and Safety Code section 25250.1;
(2) recycling or reclamation of federally regulated solvents identified by EPA hazardous waste numbers F001, F002, F003, F004 and F005 pursuant to 40 CFR section 261.31.
(3) units that are not authorized to operate pursuant to Title 22, California Code of Regulations, Division 4.5, Chapter 14 or Chapter 15 that engage in incineration, thermal destruction or land disposal activities.
(b) Each hazardous waste treatment or storage facility conducting activities pursuant to a standardized permit shall be designated as a Series A, Series B or Series C standardized permit facility as defined in Health and Safety Code section 25201.6.
(c) A facility that performs activities that meet the criteria for more than one of the  standardized permit series shall be classified as the highest of the applicable series.
 
  Note: Authority cited: Sections 25150, 25201.6, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25201.6 and 25250.1, Health and Safety Code. 
  
 



s 66270.70. Qualifying for Interim Status.
 (a) Any person who owns or operates an "existing HWM facility" or a facility in existence on the effective date of statutory or regulatory amendments under the Act that render the facility subject to the requirement to have a permit shall have interim status and shall be treated as having been issued a permit to the extent the owner or operator has:
(1) complied with the requirements of Health and Safety Code section 25153.6 pertaining to notification of hazardous waste activity. Existing facilities not required to file a notification under Health and Safety Code section 25153.6 shall qualify for interim status by meeting subsection (a)(2) of this section;
(2) complied with the requirements of section 66270.10 governing a submission of Part A applications.
(b) When the Department determines on examination or reexamination of a Part A application that it fails to meet the standards of these regulations, it shall notify the owner or operator in writing that the application is deficient, and specify the grounds for the Department's belief that the application is deficient. The Department may also notify the owner or operator that the owner or operator is therefore not entitled to interim status. The owner or operator will then be subject to enforcement for operating without a permit.
(c) Subsection (a) of this section shall not apply to any facility which has been previously denied a permit or if authority to operate the facility has been previously terminated.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.70. 
  
 



s 66270.71. Operation During Interim Status.
 (a) During the interim status period the facility shall not:
(1) transfer, treat, store, or dispose of hazardous waste not specified in Part A of the permit application;
(2) employ processes not specified in Part A of the permit application; or
(3) exceed the design capacities specified in Part A of the. permit application.
(b) Interim status standards. During interim status, owners or operators shall comply with the interim status standards in chapter 15 of this division.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25200.5, Health and Safety Code; 40 CFR Section 270.71. 
  
 



s 66270.72. Changes During Interim Status.
 (a) Except as provided in subsection (b) of this section, the owner or operator of an interim status facility may make the following changes at a facility:
(1) transfer, treatment, storage, or disposal of new hazardous wastes not previously identified in Part A of the permit application (and, in the case of newly listed or identified wastes, addition of the units being used to transfer, treat, store or dispose of the hazardous wastes on the effective date of the listing or identification) if the owner or operator submits and receives Department approval of a revised Part A permit application prior to such transfer, treatment, storage or disposal;
(2) increases in the design capacity of processes used at the facility if the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for the change) and the Department approves the change because:
(A) there is a lack of available transfer, treatment, storage, or disposal capacity at other hazardous waste management facilities, or
(B) the change is necessary to comply with a Federal, State, or local requirement;
(3) changes in the processes for the transfer, treatment, storage, or disposal of hazardous waste or addition of processes if the owner or operator submits a revised Part A permit application prior to such a change (along with a justification explaining the need for the change) and the Department approves the change because:
(A) the change is necessary to prevent a threat to human health and the environment because of an emergency situation, or
(B) the change is necessary to comply with a Federal, State, or local requirement;
(4) changes in the ownership or operational control of a facility if the new owner or operator submits a revised Part A permit application no later than 90 days prior to the scheduled change. When a transfer of ownership or operational control of a facility occurs, the old owner or operator shall comply with the requirements of chapter 15, article 8 (Financial Requirements) of this division, until the new owner or operator has demonstrated to the Department compliance with the requirements of that article. The new owner or operator shall demonstrate compliance with article 8 requirements within six months of the date of the change in the ownership or operational control of the facility. Upon demonstration to the Department by the new owner or operator of compliance with article 8, the Department shall notify the old owner or operator in writing that it no longer needs to comply with article 8 as of the date of demonstration. All other interim status duties are transferred effective immediately upon the date of the change in ownership or operational control of the facility;
(5) changes made in accordance with an interim status corrective action order issued by the USEPA under 42 U.S.C. section 6928(h) or other Federal authority, by the Department under article 8, commencing with section 25180, of chapter 6.5 of division 20 of the Health and Safety Code, or by a court in a judicial action brought by the USEPA or by the Department. Changes under this subsection are limited to the transfer, treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility.
(6) Addition of newly regulated units for the treatment, storage, or disposal of hazardous waste if the owner or operator submits a revised Part A permit application on or before the date on which the unit becomes subject to the new requirements.
(b) Except as specifically allowed under this subsection, changes listed under subsection (a) of this section shall not be made if they amount to reconstruction of the hazardous waste management facility. Reconstruction occurs when the capital investment in the changes to the facility exceeds 50 percent of the capital cost of a comparable entirely new hazardous waste management facility. If all other requirements are met, the following changes may be made even if they amount to a reconstruction:
(1) changes made solely for the purposes of complying with the requirements of section 66265.193 for tanks and ancillary equipment;
(2) if necessary to comply with Federal, State, or local requirements, changes to an existing unit, changes solely involving tanks or containers, or addition of replacement surface impoundments that satisfy the standards of 42 U.S.C. section 6924(o);
(3) changes that are necessary to allow owners or operators to continue handling newly listed or identified hazardous wastes that have been transferred, treated, stored, or disposed of at the facility prior to the effective date of the rule establishing the new listing or identification;
(4) changes during closure of a facility or of a unit within a facility made in accordance with an approved closure plan;
(5) changes necessary to comply with an interim status corrective action order issued by the USEPA under 42 U.S.C. section 6928(h) or other Federal authority, by the Department under article 8, commencing with section 25180, of chapter 6.5 of division 20 of the Health and Safety Code, or by a court in a judicial proceeding brought by the USEPA or the Department, provided that such changes are limited to transfer, treatment, storage, or disposal of solid waste from releases that originate within the boundary of the facility;
(6) changes to transfer, treat or store, in tanks, containers, or containment buildings, hazardous wastes subject to land disposal restrictions imposed by chapter 18 of this division or 42 U.S.C. section 6924, provided that such changes are made solely for the purpose of complying with chapter 18 of this division or 42 U.S.C. section 6924.
(7) Addition of newly regulated units under subsection (a)(6) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 270.72. 
  
 



s 66270.73. Termination of Interim Status.
Interim status terminates when:
(a) final administrative disposition of a permit application is made; or
(b) interim status
is terminated as provided in section 66270.10(e)(3);
(c) for owners or operators of each land disposal facility which has been granted interim status prior to November 8, 1984, on November 8, 1985, unless one of the following applies:
(1) part A of the facility's permit application specifies that only non-RCRA hazardous waste will be disposed of at the facility; or
(2) the owner or operator of the facility does both of the following:
(A) submits a Part B application for a permit for such facility prior to that date; and
(B) certifies that such facility is in compliance with all applicable ground-water monitoring and financial responsibility requirements;
(d) for owners or operators of each land disposal facility which is in existence on the effective date of statutory or regulatory amendments under the Health and Safety Code that render the facility subject to the requirement to have a permit and which is granted interim status, twelve months after the date on which the facility first becomes subject to such permit requirement unless one of the following applies:
(1) part A of the facility's permit application specifies that only non-RCRA hazardous waste will be disposed of at the facility; or
(2) the owner or operator of the facility does both of the following:
(A) submits a Part B application for a permit for such facility before the date 12 months after the date on which the facility first becomes subject to such permit requirement; and
(B) certifies that such facility is in compliance with all applicable ground water monitoring and financial responsibility requirements;
(e) for owners or operators of any land disposal unit that is granted authority to operate under section 66270.72(a)(1), (2) or (3), on the date 12 months after the effective date of such requirement, unless one of the following applies:
(1) Part A of the facility's permit application specifies that only non-RCRA hazardous waste will be disposed of at the facility; or
(2) the owner or operator certifies that such unit is in compliance with all applicable ground water monitoring and financial responsibility requirements;
(f) for owners or operators of each incinerator facility which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1989, unless one of the following applies:
(1) Part A of the facility's permit application specifies that only non-RCRA hazardous waste will be incinerated at the facility; or
(2) the owner or operator of the facility submits a Part B application for a permit for an incinerator facility by November 8, 1986;
(g) for owners or operators of any facility (other than a land disposal or an incinerator facility) which has achieved interim status prior to November 8, 1984, interim status terminates on November 8, 1992, unless one of the following applies:
(1) Part A of the facility's permit application specifies that only non-RCRA hazardous wastes will be transferred, treated, or stored at the facility; or
(2) the owner or operator of the facility submits a Part B application for a permit for the facility by November 8, 1988.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 58004 and  58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25200.5 and 25200.7, Health and Safety Code and 40 CFR Section 270.73. 
  
 



Appendix I.
Classification of Permit Modifications
 
Modifications             Class
A. General Permit Provisions
1. Administrative and informational changes.             1
2. Correction of typographical errors.             1
3. Equipment replacement or upgrading with functionally equivalent      1
  components (e.g., pipes, valves, pumps, conveyors, controls).
4. Changes in the frequency of or procedures for monitoring,
  reporting, sampling, or maintenance activities by the permittee:
a. To provide for more frequent monitoring, reporting, sampling, or     1
  maintenance.
b. Other changes.             2
Modifications Class
5. Schedule of compliance:
a. Changes in interim compliance dates, with prior approval of the      1 [FNa-
  Department.               1]
b. Extension of final compliance date.             3
6. Changes in expiration date of permit to allow earlier permit         1 [FNa-
  termination, with prior approval of the Department.               1]
7. Changes in ownership or operational control of a facility, provided  1 [FNa-
  the procedures of section 66270.40(b) are followed.               1]
B. General Facility Standards
1. Changes to waste sampling or analysis methods:
a. To conform with Department guidance or regulations.             1
b. To incorporate changes associated with F039 (multi- source           1 [FNa-
  leachate) sampling or analysis methods               1]
c. To incorporate changes associated with underlying hazardous          1 [FNa-
  constituents in ignitable or corrosive wastes               1]
d. Other changes.             2
2. Changes to analytical quality assurance/control plan:
a. To conform with Department guidance or regulations.             1
b. Other changes.             2
3. Changes in procedures for maintaining the operating record.          1
4. Changes in frequency or content of inspection schedules.             2
5. Changes in the training plan:
a. That affect the type or decrease the amount of training given to     2
  employees.
b. Other changes.             1
6. Contingency plan:
a. Changes in emergency procedures (i.e., spill or release response     2
  procedures).
b. Replacement with functionally equivalent equipment, upgrade, or      1
  relocate emergency equipment listed.
c. Removal of equipment from emergency equipment list.             2
d. Changes in name, address, or phone number of coordinators or other   1
  persons or agencies identified in the plan.
7. Construction quality assurance plan:
a. Changes that the CQA officer certifies in the operating record will  1
  provide equivalent or better certainty that the unit components meet
  the design specifications.
b. Other changes             2
Note: When a permit modification (such as introduction of a new unit)
  requires a change in facility plans or other general facility
  standards, that change shall be reviewed under the same procedures
  as the permit modification.
C. Water Quality and Environmental Protection
1. Changes to monitoring points:
a. Changes in the number, location, depth, or design of monitoring      2
  points or background monitoring points of a permitted water quality
  or environmental monitoring system.
b. Replacement of an existing monitoring point that has been damaged    1
  or rendered inoperable, without change to location, design, or depth
  of the monitoring point.
2. Changes in a water quality or environmental sampling or analytical   1 [FNa-
  procedure or monitoring schedule, with prior approval of the            1]
  Department.
3. Changes in statistical procedure for determining whether a           1
  statistically significant change in water quality or environmental
  quality between monitoring points and background monitoring points
  has occurred, with prior approval of the Department.
4. Changes in the point of compliance.             2
5. Changes in constituents of concern, monitoring parameters, or
  concentration limits:
a. As specified in the water quality or environmental protection        3
  standard.
Modifications Class
b. As specified for a detection monitoring program.             2
6. Detection monitoring program:
a. Addition of a detection monitoring program as required by sections   3
  66264.99(f)(3) and 66264.100(i)(3).
b. Changes to a detection monitoring program as required by section     2
  66264.98(l) or (m) or section 66264.706(f), unless otherwise
  specified in this Appendix.
7. Evaluation or Compliance monitoring program:
a. Addition of an evaluation monitoring program as required by          3
  sections 66264.91(a)(2) or (a)(3).
b. Changes to an evaluation monitoring program as required by section   2
  66264.99(h) or (i), unless otherwise specified in this Appendix.
c. Addition of a compliance monitoring program as required by section   3
  66264.701(a)(1).
d. Changes to a compliance monitoring program as required by section    2
  66264.707(e), unless otherwise specified in this Appendix.
8. Corrective action program:
a. Addition of a corrective action program as required by section       3
  66264.91(a)(4) or 66264.701(a)(2).
b. Changes to a corrective action program as required by section        2
  66264.100(k) or (1) or section 66264.708(h), unless otherwise
  specified in this Appendix.
D. Closure
1. Changes to the closure plan:
a. Changes in estimate of maximum extent of operations or maximum       1 [FNa-
  inventory of waste on-site at any time during the active life of the    1]
  facility, with prior approval of the Department.
b. Changes in the closure schedule for any unit, changes in the final   1 [FNa-
  closure schedule for the facility, or extension of the closure          1]
  period, with prior approval of the Department.
c. Changes in the expected year of final closure, where other permit    1 [FNa-
  conditions are not changed, with prior approval of the Department.      1]
d. Changes in procedures for decontamination of facility equipment or   1 [FNa-
  structures, with prior approval of the Department.               1]
e. Changes in approved closure plan resulting from unexpected events    2
  occurring during partial or final closure, unless otherwise
  specified in this Appendix.
f. Extension of the closure period to allow a landfill, surface         2
  impoundment, or land treatment unit to receive non-hazardous wastes
  after final receipt of hazardous wastes under sections 66264.113(d)
  and (e) of chapter 14.
2. Creation of a new landfill unit as part of closure.             3
3. Addition of the following new units to be used temporarily for
  closure activities:
a. Surface impoundments.             3
b. Incinerators.             3
c. Waste piles that comply with the following requirements:             2
-the waste pile is inside or under a structure that provides
  protection from precipitation so that neither run-off nor leachate
  is generated,
-liquids or materials containing free liquids are not placed in the
  waste pile,
-the waste pile is protected from surface water run-on by the
  structure or in some other manner,
-the waste pile is designed and operated to control dispersal of the
  waste by wind, where necessary, by means other than wetting, and
-the waste pile shall not generate leachate through decomposition or
  other reactions.
d. Waste piles that do not comply with the requirements of D(3)(c) of   3
  this Appendix.
e. Tanks or containers (other than specified below).             2
f. Tanks used for neutralization, dewatering, phase separation, or      1 [FNa-
  component separation, with prior approval of the Department.            1]
E. Post-Closure
1. Changes in name, address, or phone number of contact in             1
  post-closure plan.
2. Extension of post-closure care period.             2
3. Reduction in the post-closure care period.             3
4. Changes to the expected year of final closure, where other permit    1
  conditions are not changed.
5. Changes in post-closure plan necessitated by events occurring        2
  during the active life of the facility, including partial and final
  closure.
F. Containers
1. Modification or addition of container units:
a. Resulting in greater than 25% increase in the facility's container   3
  storage capacity, except as provided in F(1)(c) and F(4)(a) below.
b. Resulting in up to 25% increase in the facility's container storage  2
  capacity, except as provided in F(1)(c) and F(4)(a) below.
c. Or treatment processes necessary to treat wastes that are            1 [FNa-
  restricted from land disposal to meet some or all of the applicable     1]
  treatment standards or to treat wastes to satisfy (in whole or in
  part) the standard of "use of practically available technology that
  yields the greatest environmental benefit" contained in section
  66268.8(a)(2)(B), with prior approval of the Department. This
  modification may also involve addition of new waste codes or
  narrative descriptions of wastes. It is not applicable to
  dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
2. a. Modification of a container unit without increasing the capacity  2
  of the unit.
b. Addition of a roof to a container unit without alteration of the     1
  containment system.
3. Storage of different wastes in containers, except as provided in
  F(4) below:
a. That require additional or different management practices from       3
  those authorized in the permit.
b. That do not require additional or different management practices     2
  from those authorized in the permit.
Note: See section 66270.42(g) for modification procedures to be used
  for the management of newly listed or identified wastes.
4. Storage or treatment of different wastes in containers:
a. That require addition of units or change in treatment process or     1
  management standards, provided that the wastes are restricted from
  land disposal and are to be treated to meet some or all of the
  applicable treatment standards, or that are to be treated to satisfy
  (in whole or in part) the standard of "use of practically available
  technology that yields the greatest environmental benefit" contained
  in section 66268.8(a)(2)(B). This modification is not applicable to
  dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
b. That do not require the addition of units or a change in the         1
  treatment process or management standards, and provided that the
  units have previously received wastes of the same type (e.g.,
  incinerator scrubber water). This modification is not applicable to
  dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
5. Modifications to conform to the Department's changes in empty        2
  container management practices.
6. Other changes in container management practices (e.g., aisle space;  2
  types of containers; segregation).
G. Tanks. 1
1.
a. Modification or addition of tank units resulting in greater than     3
  25% increase in the facility's tank capacity, except as provided in
  G(1)(c), G(1)(d), and G(1)(e) below.
b. Modification or addition of tank units resulting in up to 25%        2
  increase in the facility's tank capacity, except as provided in
  G(1)(d) and G(1)(e) below.
c. Addition of a new tank that will operate for more than 90 days       2
  using any of the following physical or chemical treatment
  technologies: neutralization, dewatering, phase separation, or
  component separation.
d. After prior approval of the Department, addition of a new tank that  1 [FNa-
  will operate for up to 90 days using any of the following physical      1]
  or chemical treatment technologies: neutralization, dewatering,
  phase separation, or component separation.
e. Modification or addition of tank units or treatment processes        1 [FNa-
  necessary to treat wastes that are restricted from land disposal to     1]
  meet some or all of the applicable treatment standards or to treat
  wastes to satisfy (in whole or in part) the standard of "use of
  practically available technology that yields the greatest
  environmental benefit" contained in section 66268.8(a)(2)(B), with
  prior approval of the Department. This modification may also involve
  addition of new waste codes. It is not applicable to
  dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
2. Modification of a tank unit or secondary containment system without  2
  increasing the capacity of the unit.
3. Replacement of a tank with a tank that meets the same design         1
  standards and has a capacity within +/- 10% of the replaced tank
  provided:
-The capacity difference is no more than 1500 gallons,
-The facility's permitted tank capacity is not increased and
-The replacement tank meets the same conditions in the permit.
4. Modification of a tank management practice.             2
5. Management of different wastes in tanks:
a. That require additional or different management practices, tank      3
  design, different fire protection specifications, or significantly
  different tank treatment process from that authorized in the permit,
  except as provided in G(5)(c) below.
b. That do not require additional or different management practices,    2
  tank design, different fire protection specifications, or
  significantly different tank treatment process than those authorized
  in the permit, except as provided in G(5)(d) below.
c. That require addition of units or change in treatment processes or   1 [FNa-
  management standards, provided that the wastes are restricted from      1]
  land disposal and are to be treated to meet some or all of the
  applicable treatment standards or that are to be treated to satisfy
  (in whole or in part) the standard of "use of practically available
  technology that yields the greatest environmental benefit" contained
  in section 66268.8(a)(2)(B). This modification is not applicable to
  dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
d. That do not require the addition of units or a change in the         1
  treatment process or management standards, and provided that the
  units have previously received wastes of the same type (e.g.,
  incinerator scrubber water). This modification is not applicable to
  dioxin-containing wastes (F020, 021, 022, 023, 026, 027, and 028).
Note: See section 66270.42(g) for modification procedures to be used
  for the management of newly listed or identified wastes.
H. Surface Impoundments
1. Modification or addition of surface impoundment units that result    3
  in increasing the facility's surface impoundment storage or
  treatment capacity.
2. Replacement of a surface impoundment unit.             3
3. Modification of a surface impoundment unit without increasing the    2
  facility's surface impoundment storage or treatment capacity and
  without modifying the unit's liner, leak detection system, or
  leachate collection system.
4. Modification of a surface impoundment management practice.           2
5. Treatment, storage, or disposal of different wastes in surface
  impoundments:
a. That require additional or different management practices or         3
  different design of the liner or leak detection system than
  authorized in the permit.
b. That do not require additional or different management practices or  2
  different design of the liner or leak detection system than
  authorized in the permit.
c. That are wastes restricted from land disposal that meet the          1
  applicable treatment standards or that are treated to satisfy the
  standard of "use of practically available technology that yields the
  greatest environmental benefit" contained in section 66268(a)(2)(B),
  and provided that the unit meets the minimum technological
  requirements stated in section 66268.5(h)(2). This modification is
  not applicable to dioxin-containing wastes (F020, 021, 022, 023,
  026, 027, and 028).
d. That are residues from wastewater treatment or incineration,         1
  provided that disposal occurs in a unit that meets the minimum
  technological requirements stated in section 66268.5(h)(2), and
  provided further that the surface impoundment has previously
  received wastes of the same type (for example, incinerator scrubber
  water). This modification is not applicable to dioxin-containing
  wastes (F020, 021, 022, 023,026, 027, and 028).
6. Modifications of unconstructed units to comply with sections         1 [FNa-
  66264.221(c), 66264.222, 66264.223, and 66264.226(d)               1]
7. Changes in response action plan:
a. Increase in action leakage rate             3
b. Change in a specific response reducing its frequency or             3
  effectiveness.
c. Other changes             2
Note: See section 66270.42(g) for modification procedures to be used
  for the management of a newly listed or identified wastes.
I. Enclosed Waste Piles
For all waste piles except those complying with the requirements of
  D(3)(c) of this Appendix, modifications are treated the same as for
  a landfill. The following modifications are applicable only to waste
  piles complying with D(3)(c) of this Appendix.
1. Modification or addition of waste pile units:
a. Resulting in greater than 25% increase in the facility's waste pile  3
  storage or treatment capacity.
b. Resulting in up to 25% increase in the facility's waste pile         2
  storage or treatment capacity.
2. Modification of waste pile unit without increasing the capacity of   2
  the unit.
3. Replacement of a waste pile unit with another waste pile unit of     1
  the same design and capacity and meeting all waste pile conditions
  in the permit.
4. Modification of a waste pile management practice.             2
5. Storage or treatment of different wastes in waste piles:
a. That require additional or different management practices or         3
  different design of the unit.
b. That do not require additional or different management practices or  2
  different design of the unit.
6. Conversion of an enclosed waste pile to a containment building       2
  unit.
Note: See section 66270.42(g) for modification procedures to be used
  for the management of newly listed or identified wastes.
J. Landfills and Unenclosed Waste Piles
1. Modification or addition of landfill units that result in            3
  increasing the facility's disposal capacity.
2. Replacement of a landfill.             3
3. Addition or modification of a liner, leachate collection system,     3
  leachate detection system, run-off control, or final cover system.
4. Modification of a landfill unit without changing a liner, leachate   2
  collection system, leachate detection system, run-off control, or
  final cover system.
5. Modification of a landfill management practice.             2
6. Landfill different wastes:
a. That require additional or different management practices,           3
  different design of the liner, leachate collection system, or
  leachate detection system.
b. That do not require additional or different management practices,    2
  different design of the liner, leachate collection system, or
  leachate detection system.
c. That are wastes restricted from land disposal that meet the          1
  applicable treatment standards or that are treated to satisfy the
  standard of "use of practically available technology that yields the
  greatest environmental benefit" contained in section
  66268.8(a)(2)(B), and provided that the landfill unit meets the
  minimum technological requirements stated in section 66268.5(h)(2).
  This modification is not applicable to dioxin-containing wastes
  (F020, 021, 022, 023, 026, 027, and 028).
d. That are residues from wastewater treatment or incineration,         1
  provided that disposal occurs in a landfill unit that meets the
  minimum technological requirements stated in section 66268.5(h)(2),
  and provided further that the landfill has previously received
  wastes of the same type (for example, incinerator ash). This
  modification is not applicable to dioxin-containing wastes (F020,
  021,022, 023, 026, 027, and 028).
7. Modifications of unconstructed units to comply with sections         1 [FNa-
  66264.251(c), 66264.252, 66264.253, 66264.254(c), 66264.301(c),         1]
  66264.302, 66264.303(c), and 66264.304.
8. Changes in response action plan:
a. Increase in action leakage rate             3
b. Change in a specific response reducing its frequency or             3
  effectiveness
c. Other changes             2
Note: See section 66270.42(g) for modification procedures to be used
  for the management of newly listed or identified wastes.
K. Land Treatment
1. Lateral expansion of or other modification of a land treatment unit  3
  to increase areal extent.
2. Modification of run-on control system.             2
3. Modify run-off control system.             3
4. Other modifications of land treatment unit component specifications  2
  or standards required in permit.
5. Management of different wastes in land treatment units:
a. That require a change in permit operating conditions or unit design  3
  specifications.
b. That do not require a change in permit operating conditions or unit  2
  design specifications.
Note: See section 66270.42(g) for modification procedures to be used
  for the management of newly listed or identified wastes.
6. Modification of a land treatment unit management practice to:
a. Increase rate or change method of waste application.             3
b. Decrease rate of waste application.             1
7. Modification of a land treatment unit management practice to change  2
  measures of pH or moisture content, or to enhance microbial or
  chemical reactions.
8. [Reserved]
9. Modification of operating practice due to detection of releases      3
  from the land treatment unit pursuant to section 66264.278(j)(1).
10. Changes in the unsaturated zone monitoring system,resulting in a    3
  change to the location, depth, number of sampling points, or replace
  unsaturated zone monitoring devices or components of devices with
  devices or components that have specifications different from permit
  requirements.
11. Changes in the unsaturated zone monitoring system that do not       2
  result in a change to the location, depth, number of sampling
  points, or that replace unsaturated zone monitoring devices or
  components of devices with devices or components having
  specifications different from permit requirements.
12. Changes in background values for hazardous constituents in soil     2
  and soil-pore liquid.
13. Changes in sampling, analysis, or statistical procedure.            2
14. Changes in land treatment demonstration program prior to or during  2
  the demonstration.
15. Changes in any condition specified in the permit for a land         1 [FNa-
  treatment unit to reflect results of the land treatment               1]
  demonstration, provided performance standards are met, and the
  Department's prior approval has been received.
16. Changes to allow a second land treatment demonstration to be        1 [FNa-
  conducted when the results of the first demonstration have not shown    1]
  the conditions under which the wastes can be treated completely,
  provided the conditions for the second demonstration are
  substantially the same as the conditions for the first demonstration
  and have received the prior approval of the Department.
17. Changes to allow a second land treatment demonstration to be        3
  conducted when the results of the first demonstration have not shown
  the conditions under which the wastes can be treated completely,
  where the conditions for the second demonstration are not
  substantially the same as the conditions for the first
  demonstration.
18. Changes in vegetative cover requirements for closure.             2
 L. Incinerators, Boilers, and Industrial Furnaces:
1. Changes to increase by more than 25% any of the following limits     3
  authorized in the permit: A thermal feed rate limit, a feedstream
  feed rate limit, a chlorine/chloride feed rate limit, a metal feed
  rate limit, or an ash feed rate limit. The Department will require a
  new trial burn to substantiate compliance with the regulatory
  performance standards unless this demonstration can be made through
  other means.
2. Changes to increase by up to 25% any of the following limits         2
  authorized in the permit: A thermal feed rate limit, a feedstream
  feed rate limit, a chlorine/chloride feed rate limit, a metal feed
  rate limit, or an ash feed rate limit. The Director will require a
  new trial burn to substantiate compliance with the regulatory
  performance standards unless this demonstration can be made through
  other means.
3. Modification of an incinerator, boiler, or industrial furnace unit   3
  by changing the internal size or geometry of the primary or
  secondary combustion units, by adding a primary or secondary
  combustion unit, by substantially changing the design of any
  component used to remove HCl/Cl 2, metals, or particulate from the
  combustion gases, or by changing other features of the incinerator,
  boiler, or industrial furnace that could affect its capability to
  meet the regulatory performance standards. The Director will require
  a new trial burn to substantiate compliance with the regulatory
  performance standards unless this demonstration can be made through
  other means.
4. Modification of an incinerator, boiler, or industrial furnace unit   2
  in a manner that would not likely affect the capability of the unit
  to meet the regulatory performance standards but which would change
  the operating conditions or monitoring requirements specified in the
  permit. The Director may require a new trial burn to demonstrate
  compliance with the regulatory performance standards.
5. Operating requirements:
a. Modification of the limits specified in the permit for minimum or    3
  maximum combustion gas temperature, minimum combustion gas residence
  time, oxygen concentration in the secondary combustion chamber, flue
  gas carbon monoxide and hydrocarbon concentration, maximum
  temperature at the inlet to the particulate matter emission control
  system, or operating parameters for the air pollution control
  system. The Department will require a new trial burn to substantiate
  compliance with the regulatory performance standards unless this
  demonstration can be made through other means.
b. Modification of any stack gas emission limits specified in the       3
  permit, or modification of any conditions in the permit concerning
  emergency shutdown or automatic waste feed cutoff procedures or
  controls.
c. Modification of any other operating condition or any inspection or   2
  recordkeeping requirement specified in the permit.
6. Burning different wastes:
a. If the waste contains a POHC that is more difficult to burn than     3
  authorized by the permit or if burning of the waste requires
  compliance with different regulatory performance standards than
  specified in the permit. The Department will require a new trial
  burn to substantiate compliance with the regulatory performance
  standards unless this demonstration can be made through other means.
b. If the waste does not contain a POHC that is more difficult to burn  2
  than authorized by the permit and if burning of the waste does not
  require compliance with different regulatory performance standards
  than specified in the permit.
Note: See section 66270.42(g) for modification procedures to be used
  for the management of newly listed or identified wastes.
7. Shakedown and trial burn:
a. Modification of the trial burn plan or any of the permit conditions  2
  applicable during the shakedown periods for determining operational
  readiness after construction, the trial burn period, or the period
  immediately following the trial burn.
b. Authorization of up to an additional 720 hours of waste burning      1 [FNa-
  during the shakedown period for determining opera-tional readiness      1]
  after construction, with the prior approval of the Department.
c. Changes in the operating requirements set in the permit for          1 [FNa-
  conducting a trial burn, provided the change is minor and has           1]
  received the prior approval of the Department.
d. Changes in the ranges of the operating requirements set in the       1 [FNa-
  permit to reflect the results of the trial burn, provided the change    1]
  is minor and has received the prior approval of the Department.
8. Substitution of an alternate type of nonhazardous waste fuel that    1
  is not specified in the permit.
M. Containment Buildings.
1. Modification or addition of containment building units:
a. Resulting in greater than 25% increase in the facility's             3
  containment building storage or treatment capacity
b. Resulting in up to 25% increase in the facility's containment        2
  building storage or treatment capacity
2. Modification of a containment building unit or secondary             2
  containment system without increasing the capacity of the unit
3. Replacement of a containment building with a containment building
  that meets the same design standards provided:
a. The unit capacity is not increased             1
b. The replacement containment building meets the same conditions in    1
  the permit
4. Modification of a containment building management practice           2
5. Storage or treatment of different wastes in containment buildings:
a. That require additional or different management practices            3
b. That do not require additional or different management practices     2
N. Corrective Action
1. Approval of a corrective action management unit pursuant to article  3
  15.5 of chapter 14.
2. Approval of a temporary unit or time extension for a temporary unit  2
  pursuant to article 15.5 of chapter 14.
 
[FNa1] Class 1 modifications requiring prior Department approval.
 
  Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6,  58004 and 58012, Health and Safety Code.  Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.42, 40 CFR Part 270, Appendix I. 
  
 



s 66271.1. Purpose and Scope.
 (a) This chapter contains the Department's procedures for issuing, modifying, revoking and reissuing, denying or revoking all hazardous waste facility "permits" other than "emergency permits" (see section 66270.61) and "permits by rule" (section 66270.60). Emergency permits are governed by section 66270.61. Permits by rule are governed by section 67450.9. Interim status is not a "permit" and is covered by specific provisions in chapter 20 of this division. The procedures of this chapter also apply to denial of a permit for the active life of a hazardous waste management facility or unit under section 66270.29.
(b) Chapter 21 contains general procedural requirements applicable to all permit programs covered by these regulations. Chapter 21 describes the steps the Department will follow in receiving permit applications, preparing draft permits, issuing public notices, inviting public comments and holding public hearings on draft permits. Chapter 21 also covers assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decision.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.1. 
  
 



s 66271.2. Application for a Permit.
 (a)(1) Any person who requires a permit under Health and Safety Code section 25201 shall complete, sign, and submit to the Department an application for the permit required under section 66270.1. Applications are not required for permits by rule (section 66270.60).
(2) The Department shall not begin the processing of a permit until the applicant has fully complied with the application requirements for that permit. (See sections 66270.10 and 66270.13.)
(3) Permit applications shall comply with the signature and certification requirements of section 66270.11.
(b) [Reserved]
(c)(1) No later than 30 calendar days after receipt of a permit application, the Department shall review the application for completeness (in accordance with the provisions of chapter 4.5 (commencing with section 65920) of division 1 of Title 2 of the Government Code and Health and Safety Code section 25199.6)), and notify the applicant in writing whether the application is complete.
(2) If the application is incomplete, the Department's written notice to the applicant shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The Department shall specify in the notice of deficiency a date for submitting the necessary information. The applicant shall submit to the Department the materials necessary to make the application complete, as specified by the Department in the written notice of incompleteness. No later than 60 calendar days after receiving additional application materials, submitted in response to a notice of incompleteness, the Department shall notify the applicant in writing whether the application with the additional materials is complete.
(3) If the application together with the additional materials is determined to be incomplete, the applicant may appeal the Department's determination to the Director. Such an appeal shall be made in writing within 30 days after the issuance of the incompleteness determination, and shall include a statement of the reasons supporting the appeal. The Director shall grant or deny the appeal in writing no later than 60 calendar days after receipt of the written appeal.
(4) The application shall not be deemed complete if the Department fails to make a written completeness determination within 60 calendar days or if the Director fails to provide a written response to an appeal within 60 calendar days. An application is deemed complete when the Department notifies the applicant in writing that the application is complete.
(5) Nothing in this subsection shall preclude the applicant and the Department from mutually agreeing to an extension of any time limit specified in this subsection.
(6) After the application is completed, the Department may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for such additional information will not render an application incomplete.
(d) The Department may deny a permit for any cause specified in Health and Safety Code section 25186.
(e) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and appropriate enforcement actions may be taken under Health and Safety Code sections 25186, 25187, 25189.3 or 25200.8. If an applicant does not respond to three or more notices of deficiency regarding the same or different deficiencies or responds with substantially incomplete or substantially unsatisfactory information on three or more occasions, the Department shall initiate proceedings to deny the permit application in accordance with the requirements of this chapter. This section does not preclude the Department from initiating permit denial proceedings prior to sending three notices of deficiency.
(f) If the Department decides that a site visit is necessary for any reason in conjunction with the processing of an application, the Department shall notify the applicant and a date shall be scheduled.
(g) The effective date of an application is the date on which the Department notifies the applicant that the application is complete as provided in subsection (c) of this section.
(h) For each application from a major new HWM facility the Department shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the Department intends to:
(1) prepare a draft permit;
(2) give public notice;
(3) complete the public comment period, including any public hearing; and
(4) issue a final permit.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 2, Government Code, Sections 25159, 25159.5, 25186, 25187, 25189.3, 25199.6, 25200, and 25200.8, Health and Safety Code; 40 CFR Section 124.3. 
  
 



s 66271.4. Request for Modification, Revocation and Reissuance, or Revocation of Permits.
 (a) Permits may be modified, revoked and reissued, or revoked either at the request of any interested person (including the permittee) or upon the Department's initiative. However, permits may only be modified, revoked and reissued, or revoked for the reasons specified in section 66270.41 or 66270.43 or Health and Safety Code section 25186. All requests shall be in writing and shall contain facts or reasons supporting the request.
(b) If the Department decides the request is not justified, the Department shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or revocation are not subject to public notice, comment, or hearings.
(c)(1) If the Department tentatively decides to modify or revoke and reissue a permit under section 66270.41 or 66270.42(c), the Department shall prepare a draft permit under section 66271.5 incorporating the proposed changes. The Department may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Department shall require the submission of a new application.
(2) In a permit modification under this section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this section, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shallcomply with all conditions of the existing permit until a new final permit is reissued.
(3) "Class 1 and 2 modifications" as defined in sections 66270.42(a) and (b) are not subject to the requirements of this section.
(d) All draft permits prepared under this section shall be based on the administrative record as defined in section 66271.8.
(e) If the Department decides to revoke a permit, it shall initiate adjudicatory proceedings under the Administrative Procedure Act (Gov. Code s 11500 et seq.) by serving an Accusation on the holder of the permit.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5,  25186, 25286.1 and 25200, Health and Safety Code; 40 CFR Section 124.5. 
  
 



s 66271.5. Draft Permits.
 (a) Once an application is complete, the Department shall tentatively decide whether to prepare a draft permit or to deny the application.
(b) If the Department tentatively decides to deny the permit application, the Department shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. See subsection (d) of this section. If the Department's final decision (see section 66271.14) is that the tentative decision to deny the permit application was incorrect, the Department shall withdraw the notice of intent to deny and proceed to prepare a draft permit under subsection (c) of this section.
(c) If the Department decides to prepare a draft permit, it shall prepare a draft permit that contains the following information:
(1) all conditions under sections 66270.30 and 66270.32;
(2) all compliance schedules under section 66270.33;
(3) all monitoring requirements under section 66270.31; and
(4) standards for transfer, treatment, storage, and/or disposal and other permit conditions under section 66270.30.
(d) All draft permits prepared under this section shall be accompanied by a statement of basis (section 66271.6) or fact sheet (section 66271.7), and shall be based on the administrative record (section 66271.8), publicly noticed (section 66271.9) and made available for public comment (section 66271.10). The Department shall give notice of opportunity for a public hearing (section 66271.11), issue a final decision (section 66271.14) and respond to comments (section 66271.16). An appeal may be taken under section 66271.18. Draft permits shall be accompanied by a fact sheet if required under section 66271.7.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.6. 
  
 



s 66271.6. Statement of Basis.
The Department shall prepare a statement of basis for every draft permit for which a fact sheet under section 66271.7 is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny, reasons supporting the tentative decision. The statement of basis shall be sent to the applicant and, on request, to any other person.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1 and 25200, Health and Safety Code; 40 CFR Section 124.7. 
  
 



s 66271.7. Fact Sheet.
 (a) A fact sheet shall be prepared for every draft permit for a major HWM facility, and for every draft permit which the Department finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Department shall send this fact sheet to the applicant and, on request, to any other person.
(b) The fact sheet shall include, when applicable:
(1) a brief description of the type of facility or activity which is the subject of the draft permit;
(2) the type and quantity of wastes, fluids, or pollutants which are proposed to be or are being transferred, treated, stored, disposed of, injected, emitted, or discharged;
(3) a brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by section 66271.8;
(4) reasons why any requested variances or alternatives to required standards do or do not appear justified;
(5) a description of the procedures for reaching a final decision on the draft permit including:
(A) the beginning and ending dates of the comment period under section 66271.9 and the address where comments will be received;
(B) procedures for requesting a hearing and the nature of that hearing; and
(C) any other procedures by which the public may participate in the final decision;
(6) name and telephone number of a person to contact for additional information.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.8. 
  
 



s 66271.8. Administrative Record for Draft Permits.
 (a) The provisions of a draft permit prepared under section 66271.5 shall be based on the administrative record as defined in this section.
(b) For preparing a draft permit under section 66271.5, the record shall consist of:
(1) the application, if required, and any supporting data furnished by the applicant;
(2) the draft permit or notice of intent to deny the application;
(3) the statement of basis (section 66271.6) or fact sheet (section 66271.7);
(4) all documents cited in the statement of basis or fact sheet; and
(5) other documents contained in the supporting file for the draft permit.
(c) Material readily available at the Department or published material that is generally available, and that is included in the administrative record under subsection (b) of this section, need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety; 40 CFR Section 124.9. 
  
 



s 66271.9. Public Notice of Permit Actions and Public Comment Period.
 (a) Scope.
(1) The Department shall give public notice that the following actions have occurred:
(A) a permit application has been tentatively denied under section 66271.5(b);
(B) a draft permit has been prepared under section 66271.5(c);
(C) a hearing has been scheduled under section 66271.11; or
(D) an appeal has been granted under section 66271.18(b).
(2) No public notice is required when a request for permit modification, revocation and reissuance, or revocation is denied under section 66271.4(b). Written notice of that denial shall be given to the requester and to the permittee.
(3) Public notices may describe more than one permit or permit action.
(b) Timing.
(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under subsection (a) of this section shall allow at least 45 days for public comment.
(2) Public notice of a public hearing shall be given at least 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.
(c) Methods. Public notice of activities described in subsection (a)(1) of this section shall be given by the following methods:
(1) by mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subsection may waive his or her rights to receive notice for any classes and categories of permits):
(A) the applicant;
(B) any other agency which the Department knows has issued or is required to issue a permit for the same facility or activity (including USEPA);
(C) federal and State agencies with jurisdiction over fish, shellfish, and wildlife resources and over coastal zone management plans, the Advisory Council on Historic Preservation, State Historic Preservation Officers, and other appropriate government authorities, including any affected States;
(D) persons on a mailing list developed by:
1. including those who request in writing to be on the list;
2. soliciting persons for "area lists" from participants in past permit proceedings in that area; and
3. notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as USEPA Region IX and State-funded newsletters, environmental bulletins, or State law journals; (The Department may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Department may delete from the list the name of any person who fails to respond to such a request.)
(E) any unit of local government having jurisdiction over the area where the facility is proposed to be located, and each State agency having any authority under State law with respect to the construction or operation of such facility;
(2)(A) for major permits, publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;
(B) for all permits, publication of a notice in a daily or weekly major local newspaper of general circulation and broadcast over local radio stations;
(3) any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.
(d) Contents. (1) All public notices. All public notices issued under this chapter shall contain the following minimum information:
(A) name and address of the office processing the permit action for which notice is being given;
(B) name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;
(C) a brief description of the business conducted at the facility or activity described in the permit application or the draft permit;
(D) name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the draft permit , statement of basis or fact sheet, and the application; and
(E) a brief description of the comment procedures required by sections 66271.10 and 66271.11 and the time and place of any hearing that will be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision;
(F) the location of the administrative record required by section 66271.8, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant is available as part of the administrative record;
(G) any additional information considered necessary or proper.
(2) Public notices for hearings. In addition to the general public notice described in subsection (d)(1) of this section, the public notice of a hearing under section 66271.11, shall contain the following information:
(A) reference to the date of previous public notices relating to the permit;
(B) date, time, and place of the hearing; and
(C) a brief description of the nature and purpose of the hearing, including the applicable rules and procedures.
(e) In addition to the general public notice described in subsection (d)(1) of this section, all persons identified in subsections (c)(1)(A), (B), and (C) of this section shall be mailed a copy of the fact sheet or statement of basis, the permit application, and the draft permit.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 124.10. 
  
 



s 66271.10. Public Comments and Requests for Public Hearings.
During the public comment period provided under section 66271.9, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in section 66271.16.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.11. 
  
 



s 66271.11. Public Hearings.
 (a)(1) The Department shall hold a public hearing whenever it finds, on the basis of requests, a significant degree of public interest in a draft permit(s).
(2) The Department may also hold a public hearing at the Department's discretion, whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.
(3)(A) The Department shall hold a public hearing whenever the Department receives written notice of opposition to a draft permit and a request for a hearing within 45 days of public notice under section 66271.9(b)(1).
(B) Whenever possible the Department shall schedule a hearing under this section at a location convenient to the nearest population center to the proposed facility.
(4) Public notice of the hearing shall be given as specified insection 66271.9.
(b) Whenever a public hearing will be held, the Department shall designate a Presiding Officer for the hearing who shall be responsible for its scheduling and orderly conduct.
(c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under section 66271.9 shall automatically be extended to the close of any public hearing under this section. The Department may also extend the comment period by so stating at the hearing.
(d) A tape recording or written transcript of the hearing shall be made available to the public.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.12. 
  
 



s 66271.12. Obligation to Raise Issues and Provide Information During the Public Comment Period.
All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Department's tentative decision to deny an application or prepare a draft permit is inappropriate, must raise all reasonably ascertainable issues and submit all reasonably available arguments and factual grounds supporting their position, including all supporting material, by the close of the public comment period (including any public hearing) under section 66271.9. All supporting materials shall be included in full and may not be incorporated by reference, unless they are already part of the administrative record in the same proceeding, or consist of State or Federal statutes and regulations, Department or USEPA documents of general applicability, or other generally available reference materials. Commenters shall make supporting material not already included in the administrative record available to the Department as directed by the Department. A comment period longer than 45 days may be necessary to give commenters a reasonable opportunity to comply with the requirements of this section. Additional time shall be granted under section 66271.9 to the extent that a commenter who requests additional time demonstrates the need for such time.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 124.13. 
  
 



s 66271.13. Reopening of the Public Comment Period.
 (a)(1) The Department may order the public comment period reopened if the procedures of this subsection could expedite the decisionmaking process. When the public comment period is reopened under this subsection, all persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Department's tentative decision to deny an application or prepare a draft permit is inappropriate, shall submit all reasonably available factual grounds supporting their position, including all supporting material, by a date, not less than sixty days after public notice under subsection (a)(2) of this section, set by the Department. Thereafter, any person may file a written response to the material filed by any other person, by a date, not less than twenty days after the date set for filing of the material, set by the Department.
(2) Public notice of any comment period under this subsection shall identify the issues which the requirements of section 66271.13(a) shall apply.
(3) On the Department's own motion or on the request of any person, the Department may direct that the requirements of subsection (a)(1) of this section shall apply during the initial comment period where it reasonably appears that issuance of the permit will be contested and that applying the requirements of subsection (a)(1) of this section will substantially expedite the decisionmaking process. The notice of the draft permit shall state whenever this has been done.
(4) A comment period of longer than 60 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be granted under section 66271.9 to the extent they appear necessary.
(b) If any data, information or arguments submitted during the public comment period, including information or arguments required under section 66271.12, appear to raise substantial new questions concerning a permit, the Department may take one or more of the following actions:
(1) prepare a new draft permit, appropriately modified, under section 66271.5;
(2) prepare a revised statement of basis under section 66271.6, a fact sheet or revised fact sheet under section 66271.7 and reopen the comment period under section 66271.13; or
(3) reopen or extend the comment period under section 66271.9 to give interested persons an opportunity to comment on the information or arguments submitted.
(c) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening.The public notice under section 66271.9 shall define the scope of the reopening.
(d) Public notice of any of the above actions shall be issued under section 66271.9.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200, Health and Safety Code; 40 CFR Section 124.14. 
  
 



s 66271.14. Issuance and Effective Date of Permit.
 (a) After the close of the public comment period under section 66271.9 on a draft permit, the Department shall issue a final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under section 66270.29.) Final permit decisions shall be made and noticed in accordance with the provisions of Health and Safety Code section 25199.6 and chapter 4.5 (commencing with section 65920) of division 1 of Title 2 of the Government Code. The Department shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a permit. For the purposes of this section, a final permit decision means a final decision to issue, deny, modify, or revoke and reissue a permit.
(b) A final permit decision (or a decision to deny a permit for the active life of a hazardous waste management facility or unit under section 66270.29) shall become effective 30 days after the service of notice of the decision unless:
(1) a later effective date is specified in the decision; or
(2) review is requested under section 66271.18; or
(3) No comments requested a change in the draft permit, in which case the permit shall become effective immediately upon issuance.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1 and 25200, Health and Safety Code; 40 CFR Section 124.15. 
  

 



s 66271.15. Stays of Contested Permit Conditions.
 (a) Stays. (1) If a request for review of a permit is granted, the effect of the contested permit conditions shall be stayed and shall not be subject to judicial review pending final Department action. If the permit involves a new facility, the applicant shall be without a permit for the proposed new facility.
(2) Uncontested conditions which are not severable from those contested shall be stayed together with the contested conditions. Stayed provisions of permits for existing facilities shall be identified by the Department. All other provisions of the permit for the existing facility shall remain fully effective and enforceable.
(b) Stays based on cross effects. A stay may be granted based on the grounds that an appeal to the Department under section 66271.18 of one permit may result in changes to another permit only when each of the permits involved has been appealed to the Department and the Department has accepted each appeal.
(c) Any facility or activity holding an existing permit shall:
(1) comply with the conditions of that permit during any modification or revocation and reissuance proceeding under section 66271.4; and
(2) to the extent conditions of any new permit are stayed under this section, comply with the conditions of the existing permit which correspond to the stayed conditions, unless compliance with the existing conditions would be technologically incompatible with compliance with other conditions of the new permit which have not been stayed.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.16. 
  
 



s 66271.16. Response to Comments.
 (a) At the time that any final permit decision is issued under section 66271.14, the Department shall issue a response to comments. This response shall:
(1) specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and
(2) briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.
(b) Any documents cited in the response to comments shall be included in the administrative record for the final permit decision as defined in section 66271.17. If new points are raised or new material supplied during the public comment period, the Department may document its response to those matters by adding new materials to the administrative record.
(c) The response to comments shall be available to the public.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.17. 
  
 



s 66271.17. Administrative Record for Final Permit.
 (a) The Department shall base final permit decisions under section 66271.14 on the administrative record defined in this section.
(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:
(1) all comments received during the public comment period provided under section 66271.9 (including any extension or reopening under section 66271.13);
(2) the tape or transcript of any hearing(s) held under section 66271.11;
(3) any written materials submitted at such a hearing;
(4) the response to comments required by section 66271.16 and any new material placed in the record under that section;
(5) other documents contained in the supporting file for the permit; and
(6) the final permit.
(c) The additional documents required under subsection (b) of this section shall be added to the record as soon as possible after their receipt. The record shall be complete on the date the final permit is issued.
(d) This section applies to all final permits when the draft permit was subject to the administrative record requirements of section 66271.8.
(e) Material readily available at the Department, or published materials which are generally available and which are included in the administrative record under the standards of this section or of section 66271.16 ( "Response to comments"), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 124.18. 
  
 



s 66271.18. Appeal of Decisions to Grant, Issue, Modify, or Deny Permits.
 (a) Within 30 days after a final permit decision [or a decision under section 66270.29 to deny a permit for the active life of a hazardous waste management facility or unit] has been issued under section 66271.14, any person who filed comments on that draft permit or participated in the public hearing may petition the Department to review any condition of the permit decision. Any person who failed to file comments or failed to participate in the public hearing on the draft permit may petition for administrative review only to the extent of the changes from the draft to the final permit decision. Any person may petition the Department to review any condition of a temporary authorization under section 66270.42(f). The 30-day period within which a person may request review under this section begins with the service of notice of the Department's action unless a later date is specified in that notice. The petition shall include a statement of the reasons supporting that review, including a demonstration that any issues being raised were raised during the public comment period (including any public hearing) to the extent required by these regulations and when appropriate, a showing that the condition in question is based on:
(1) a finding of fact or conclusion of law which is clearly erroneous, or
(2) an exercise of discretion or an important policy consideration which the Department should, in its discretion, review.
(b) The Department may also decide on its initiative to review any condition of any permit issued under this chapter. The Department shall act under this subsection within 30 days of the service date of notice of the Department's action.
(c) Within a reasonable time following the filing of the petition for review, the Department shall issue an order either granting or denying the petition for review. Public notice of any grant of review by the Department under subsection (a) of this section shall be given as provided in section 66271.9. Public notice shall set forth a briefing schedule for the appeal and shall state that any interested person may file a written argument. Notice of denial of review shall be sent only to the person(s) requesting review.
(d) When a review has been initiated pursuant to subsection (a) or (b) of this section, the order denying review or the decision on the merits shall constitute the Department's final permit decision, and shall be effective on the date of mailing of the order denying review or decision on the merits.
(e) A final permit decision on a petition to the Department under subsection  (a) of this section is a prerequisite to seeking judicial review of the Department's decision.
(f) If a permit decision is pending on the date this section is amended to eliminate a hearing under the Administrative Procedure Act, this section shall be applied as follows:
(1) If a Statement of Issues or Accusation was issued prior to the effective date of the amendment, the proceeding shall continue under the regulation in effect when the Administrative Procedure Act proceeding was initiated.
(2) If a Statement of Issues or Accusation has not been issued prior to the effective date of the amendment, the proceeding shall be governed by the amended regulation.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1 and 25200, Health and Safety Code; 40 CFR Section 124.19. 
  
 



s 66271.19. Appeal of Decisions to Suspend and/or Revoke Permits.
 (a) A decision to suspend and/or revoke a permit shall be initiated by serving the holder of the permit with a temporary suspension order and/or accusation.
(b) Proceedings shall be conducted as provided by HSC sections 25186.1 and  25186.2 and the Administrative Procedure Act, Government Code section 11500 et seq.
(c) If the permit holder fails to request a hearing by filing a notice of defense within 15 days after being served with an accusation, the Department shall take final action by issuing an order revoking the permit.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2, Government Code; and Sections 25186, 25186.1 and 25186.2, Health and Safety Code. 
  
 



s 66271.20. Appeal of Decision on Class of Modification.
 (a) The Department's decision on whether a permit modification is Class 1, 2 or 3 pursuant to section 66270.42(d) or 66270.42.5(e) or (f) shall be made in writing and may be appealed only by the person who requested the modification.
(b) Within fifteen (15) days after the date of receipt of the written decision on the classification of a permit modification, the person who requested the modification may petition the Department to review the decision, pursuant to section 66271.18. The petition shall be in writing and shall include a statement of the reasons supporting a different classification.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25159.5 and 25200.15, Health and Safety Code. 
  
 



s 66271.21. Computation of Time.
 (a) Any time period scheduled to begin on the occurrence of an act or event shall begin on the day after the act or event.
(b) Any time period scheduled to begin before the occurrence of an act or event shall be computed so that the period ends on the day before the act or event.
(c) If the final day of any time period falls on a weekend or legal holiday, the time period shall be extended to the next working day.
(d) Whenever a party or interested person has the right or is required to act within a prescribed period after the service of notice or other paper upon that party or person by mail, three days shall be added to the prescribed time.
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.20. 
  
 



s 66271.31. Pre-application Public Meeting and Notice.
 (a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial RCRA permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units, where the renewal application is proposing a significant change in facility operations. For the purposes of this section, a "significant change" is any change that would qualify as a class 3 permit modification under 40 CFR, section 270.42. The requirements of this section do not apply to permit modifications under section 66270.42 or to applications when either are submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Prior to the submission of a part B RCRA permit application for a facility, the applicant must hold at least one meeting with the public in order to solicit questions from the community and inform the community of proposed hazardous waste management activities. The applicant shall post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
(c) The applicant shall submit a summary of the meeting, along with a list of attendees and their addresses developed under subsection (b) of this section, and copies of any written comments or materials submitted at the meeting, to the Department as a part of the part B application, in accordance with section 66270.14(b).
(d) The applicant must provide public notice of the pre-application meeting at least 30 days prior to the meeting. The applicant must maintain, and provide to the Department upon request, documentation of the notice.
(1) The applicant shall provide public notice in all of the following forms:
(A) A newspaper advertisement. The applicant shall publish a notice, fulfilling the requirements in subsection (d)(2) of this section, in a newspaper of general circulation in the county or equivalent jurisdiction that hosts the proposed location of the facility. In addition, the Director shall instruct the applicant to publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdictions, where the Director determines that such publication is necessary to inform the affected public. The notice must be published as a display advertisement.
(B) A visible and accessible sign. The applicant shall post a notice on a clearly marked sign at or near the facility, fulfilling the requirements in subsection (d)(2) of this section. If the applicant places the sign on the facility property, then the sign must be large enough to be readable from the nearest point where the public would pass by the site.
(C) A broadcast media announcement. The applicant shall broadcast a notice, fulfilling the requirements in subsection (d)(2) of this section, at least once on at least one local radio station or television station. The applicant may employ another medium with prior approval of the Director.
(D) A notice to the Department. The applicant shall send a copy of the newspaper notice to the permitting agency and to the appropriate units of State and local government, in accordance with section 66271.9(c)(1)(E).
(2) The notices required under subsection (d)(1) of this section must include:
(A) The date, time, and location of the meeting;
(B) A brief description of the purpose of the meeting;
(C) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location;
(D) A statement encouraging people to contact the facility at least 72 hours before the meeting if they need special access to participate in the meeting; and
(E) The name, address, and telephone number of a contact person for the applicant.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.31. 
  
 



s 66271.32. Public Notice Requirements at the Application Stage.
 (a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial RCRA permits for hazardous waste management units. The requirements of this section shall also apply to RCRA part B applications seeking renewal of permits for such units under section 66270.51. The requirements of this section do not apply to permit modifications under section 66270.42 or permit applications submitted for the sole purpose of conducting post-closure activities or post-closure activities and corrective action at a facility.
(b) Notification at application submittal.
(1) The Director shall provide public notice as set forth in section 66271.9(c)(1)(D), and notice to appropriate units of State and Local government as set forth in section 66271.9(c)(1)(E), that a part B permit application has been submitted to the Department and is available for review.
(2) The notice shall be published within a reasonable period of time after the application is received by the Director. The notice must include:
(A) The name and telephone number of the applicant's contact person;
(B) The name and telephone number of the Department's office charged with issuance of the permit, and a mailing address to which information, opinions, and inquiries may be directed throughout the permit review process;
(C) An address to which people can write in order to be put on the facility mailing list;
(D) The location where copies of the permit application and any supporting documents can be viewed and copied;
(E) A brief description of the facility and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the facility location on the front page of the notice; and
(F) The date that the application was submitted.
(c) Concurrent with the notice required under section 66271.32(b) of this article, the Director shall place the permit application and any supporting documents in a location accessible to the public in the vicinity of the facility or at the Department office charged with the issuance of the permit.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.32. 
  
 



s 66271.33. Information Repository.
 (a) Applicability. The requirements of this section apply to all applications seeking RCRA permits for hazardous waste management units.
(b) For facilities applying for or operating under RCRA permits, the Director may assess the need, on a case-by-case basis, for an information repository. When assessing the need for an information repository, the Director shall consider a variety of factors, including: the level of public interest; the type of facility; the presence of an existing repository; and the proximity to the nearest copy of the administrative record. If the Director determines, at any time after submittal of a permit application, that there is a need for a repository, then the Director shall notify the facility that it must establish and maintain an information repository. (See section 66270.30(m) for similar provisions relating to the information repository during the life of a permit).
(c) The information repository shall contain all documents, reports, data, and information deemed necessary by the Director to fulfill the purposes for which the repository is established. The Director shall have the discretion to limit the contents of the repository.
(d) The information repository shall be located and maintained at a site chosen by the facility. If the Director finds the site unsuitable for the purposes and persons for which it was established, due to problems with the location, hours of availability, access, or other relevant considerations, then the Director shall specify a more appropriate site.
(e) The Director shall specify requirements for informing the public about the information repository. At a minimum, the Director shall require the facility to provide a written notice about the information repository to all individuals on the facility mailing list.
(f) The facility owner/operator shall be responsible for maintaining and updating the repository with appropriate information throughout a time period specified by the Director. The Director may close the repository at his or her discretion, based on the factors in subsection (b) of this section.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159.5, 25186, 25186.1, 25186.2 and 25200, Health and Safety Code; 40 CFR Section 124.33. 
  
 



s 66272.1. Inspections.
 (a) The Director or any duly authorized representative of the Department may, at any reasonable hour of the day, do any of the following:
(1) enter a factory, plant, construction site, waste disposal site, transfer facility, establishment or any other area, place or environment where wastes are stored, handled, treated, processed, disposed of, or treated to recover resources, inspect the premises and gather evidence on existing conditions and procedures;
(2) carry out any sampling activities necessary to carry out chapter 6.5, commencing with section 25100, of division 20 of the Health and Safety Code, including obtaining samples from any individual or taking samples from the property of any person or from any vehicle which any authorized representative of the department or a local health officer reasonably believes has transported or is transporting hazardous waste. However, upon request, split samples shall be given to the person from whom, or from whose property or vehicle, the samples were obtained;
(3) stop and inspect any vehicle reasonably suspected of transporting hazardous wastes when accompanied by a uniformed police officer in a clearly marked vehicle;
(4) conduct tests, analyses and evaluations to determine whether the waste is hazardous waste or whether the requirements of chapter 6.5 of division 20 of the Health and Safety Code are met;
(5) photograph any waste, waste container, waste container label, vehicle, waste treatment process, waste disposal site, or condition constituting a violation of law found during an inspection;
(6) inspect and copy any records, reports, test results, or other information required to carry out chapter 6.5 of division 20 of the Health and Safety Code.
(b) During the inspection, the inspector shall comply with all reasonable security, safety and sanitation measures. In addition, the inspector shall comply with reasonable precautionary measures specified by the operator.
(c) A report listing any violations found during the inspection shall be prepared by the inspector and shall be kept on file in the Department. A copy of the report shall be provided to the operator.
(d) If corrections are needed, the operator shall provide to the Department, as directed, a written plan of correction which states the actions to be taken and the expected dates of completion.
(e) Upon request of the inspector, the operator of the facility being inspected shall retain evidence as instructed by the inspector for a period not to exceed 30 days.
 
  Note:    Authority cited: Sections 208, 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan # 1 of 1991. Reference: Sections 25150, 25185 and 25187.7, Health and Safety Code. 
  
 



s 66272.10. Designation of Enforcement Authority.
 (a) The Department may designate a local public officer to enforce the standards and regulations adopted by the Department pursuant to section 25150 of the Health and Safety Code if it is demonstrated to the satisfaction of the Department that:
(1) the prospective designee has appropriate jurisdiction and competency, facilities and personnel to perform the functions specified by the Department; and
(2) other activities of the governmental entity which the prospective designee represents will not compromise the designee's ability to enforce those regulations equitably and effectively.
(b) The Department may designate a local public officer to enforce all requirements of this division if it is demonstrated to the satisfaction of the Department that:
(1) the prospective designee can meet the requirements cited in (a) above;
(2) the prospective designee has countywide jurisdiction;
(3) the governmental entity which the prospective
designee represents does not operate a hazardous waste facility;
(4) the prospective designee's personnel are qualified to the satisfaction of the Department;
(5) the prospective designee's laboratory support is adequate to determine whether wastes contain hazardous materials;
(6) the prospective designee's personnel will be able to provide adequate reviews, inspections, and monitoring of hazardous waste and enforcement of the requirements of this division.
(c) The Department shall not authorize a local public officer to enforce any requirement of this division if such person does not meet the requirements specified in (a) above.
(d) The Department shall not authorize a local public officer to enforce all requirements of this division if such person does not meet the requirements specified in (b) above.
 
  Note:    Authority cited: Section 25150 and 25187.7, Health and Safety Code. Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Sections 25180 and 25187.7, Health and Safety Code. 
  
 



s 66272.20. Rewards for Informants.
 (a) An application for reward under the provisions of section 25191.7 of the Health and Safety Code shall be submitted to the Department or the county not later than 60 days after a final judgment has been entered or 60 days after the period for appeal of a judgment has expired.
(b) An application for a reward to be paid by the Department pursuant to  section 25191.7(a) of the Health and Safety Code shall be filed on a form provided by the Department (DHS 8073, revised 6/83) and shall be signed with the applicant's name.
(c) The Department and counties shall not disclose the names of informants or reward applicants unless such names are otherwise publicly disclosed, as part of a judicial proceeding.
 
  Note:    Authority cited: Section 25191.7, Health and Safety Code. Reference: Section 25191.7, Health and Safety Code and Sections 6254 and 6255, Government Code. 
  
 



s 66272.30. Award and Payment of Reward Claims.
 (a) In determining whether the applicant supplied information that materially contributed to the imposition of judgments against persons for violations specified in section 25191.7 of the Health and Safety Code, the Department or the county shall consider, but shall not be limited to considering the following factors:
(1) the validity of the information;
(2) the nature and extent of detail supplied, including, as available, dates, times, places, names, and other details;
(3) the date and time of receipt of the information;
(4) information regarding the reported violation(s) possessed by the Department or the county prior to receipt of the applicant's information;
(5) the nature of the reported violations as compared with other violations alleged in the civil or criminal complaint; and
(6) the findings in the judgment.
(b) The Department or the county shall notify the applicant in writing of its decision to grant or deny a reward.
(c) Decisions by the Department or the county to grant or deny rewards shall be final.
(d) Approved reward claims shall be paid in accordance with subdivisions (a) and (b) of section 25191.7 of the Health and Safety Code. Successful reward applicants shall be paid by check within 30 days of collection and deposit of the penalties described in section 25191.7(a) or (b).
 
  Note:    Authority cited: Section 25191.7, Health and Safety Code. Reference: Section 25191.7, Health and Safety Code. 
  
 



s 66272.31. Definitions.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.32. Application Procedure.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.33. Eligibility Requirements.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.34. Criteria for Selection.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.36. Delegation Agreement.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.38. Revocation of the Delegation Agreement.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.40. Representation in Appeals.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.42. Coordination with Local Prosecutors and the Department.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.44. Training and Experience Required.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.46. Reporting Requirements.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.48. Review Committee.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.50. No Duplication of Orders.
 
  Note: Authority cited: Sections 25150 and 25187.7, Health and Safety Code; Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25187.7, Health and Safety Code. 
  
 



s 66272.60. Applicability.
 (a) This article only applies to the assessment of administrative penalties in administrative enforcement orders issued pursuant to Health and Safety Code Section 25187. This article does not apply to minor violations as defined in Health and Safety Code Section 25117.6 unless the minor violation is subject to a penalty in accordance with Health and Safety Code Section 25187.8(g). This article does not apply to penalties assessed pursuant to Health and Safety Code Sections 25244.18(d)(2), 25244.21(a) and 25244.21(b) regarding requirements for source reduction evaluation review, plans, and reports. This article does not apply to the settlement of any enforcement action.
(b) For purposes of this article, "Enforcement Agency" is defined as any department, unified program agency, local health officer, or local public officer having the authority to issue administrative orders pursuant to Health and Safety Code Section 25187.
(c) The Enforcement Agency shall, pursuant to Health and Safety Code Section 25180(d), determine whether the person being assessed a penalty is being treated equally and consistently with regard to the same types of violations previously assessed against other violators.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25117.6, 25180(d), 25187, 25187.8(g), 25189.2, 25244.18(d)(2), 25244.21(a) and 25244.21(b), Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.61. Penalty Calculation.
Administrative penalties assessed in administrative enforcement orders issued pursuant to Health and Safety Code Section 25187 shall be assessed following the procedures set forth in this article. The penalty assessed for any violation in accordance with this article shall not exceed the maximum penalty specified in statute.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.62. Determining the Initial Penalty for Each Violation.
 (a) The Enforcement Agency shall determine an initial penalty for each violation, considering potential harm and the extent of deviation from hazardous waste management requirements. The Enforcement Agency shall use the matrix set forth in Subsection 66272.62(d) to determine the initial penalty for each violation.
(b) Potential Harm of the Violation
(1) The Enforcement Agency shall consider potential harm to public health and safety and the environment when using the matrix.
(2) The categories for degree of potential harm are defined as follows:
(A) Major - The characteristics and/or amount of the substance involved present a major threat to human health or safety or the environment and the circumstances of the violation indicate a high potential for harm or, in the case of a violation of financial requirements, coverage is lacking or substantially below the required amount or it is certain or probable that the coverage would be absent or inadequate;
(B) Moderate - The characteristics and/or amount of the substance involved do not present a major threat to human health or safety or the environment, and the circumstances of the violation do not indicate a high potential for harm or, in the case of a violation of financial requirements, coverage is significantly below the required amount or it is possible that the coverage would be absent or inadequate;
(C) Minimal - The threat presented by the characteristics and the amount of the substance or by the circumstances of the violation are low or, in the case of a violation of financial requirements, coverage is slightly below the required amount or it is unlikely that the coverage would be absent or inadequate.
(3) In determining the degree of potential harm, the Enforcement Agency shall consider the following factors:
(A) The characteristics of the substance involved,
(B) The amount of the substance involved,
(C) The extent to which human life or health is threatened,
(D) The extent to which animal life is threatened,
(E) The extent to which the environment is threatened, and
(F) The extent to which potable water supplies are threatened.
(4) Potential harm for violations or financial requirements shall be determined by considering the amount of closure, postclosure, or corrective action costs for which there is no financial assurance or the amount of required liability coverage that is absent, and the likelihood that injury or damages, if they occur, will not be compensated due to an inadequacy in the coverage.
(5) A violation must involve the actual management of hazardous waste including the absence of adequate financial assurance for closure, postclosure, corrective action or financial liability coverage, as distinguished from being a "record-keeping" violation, for the violation to have a major potential for harm. "Record-keeping," for purposes of this article, means a requirement to record information, to retain records, and to have documents available for inspection. "Record-keeping" does not include a substantive requirement such as the requirement to have a contingency plan, a waste analysis plan, or a closure plan. The following examples illustrate what is considered "record-keeping" and what is considered a violation that could have a major potential for harm.
(A) A failure to record inspections that were in fact completed is a record-keeping violation and would not have a major potential for harm. A failure to conduct inspections according to the schedule is not a record-keeping violation and could have a major potential for harm depending on the circumstances.
(B) A failure to retain a copy of a manifest is a record-keeping violation and would not have a major potential for harm. A failure to use a manifest for a shipment of hazardous waste is not a record-keeping violation and could have a major potential for harm depending on the circumstances.
(C) A failure to have available for inspection a waste analysis plan that does in fact exist is a record-keeping violation and would not have a major potential for harm. A failure to have a waste analysis plan, or a failure to have a waste analysis plan available to staff who are to implement the plan, is not a record-keeping violation and could have a major potential for harm depending on the circumstances.
(6) Financial violations that are strictly paperwork errors or omissions that do not affect actual functioning of adequate financial assurance for closure, postclosure, corrective action, or financial liability coverage are record-keeping violations. Violations involving the absence of adequate financial assurance for closure, postclosure, corrective action, or financial liability coverage are hazardous waste management violations, not record-keeping violations.
(7) Groundwater monitoring record-keeping is a fundamental part of the groundwater monitoring requirements. Groundwater monitoring record-keeping violations may have a major, moderate, or minimal potential for harm. The category selected for potential harm shall be based on the extent to which the violation may lead directly to environmental harm, have a potential for harm, or cause an inability to detect releases to groundwater.
(c) Extent of Deviation of the Violation
(1) The Enforcement Agency shall consider the extent of deviation from hazardous waste management requirements when using the matrix set forth in this section.
(2) The categories for extent of deviation from requirements are defined as follows:
(A) Major - The act deviates from the requirement to such an extent that the requirement is completely ignored and none of its provisions are complied with, or the function of the requirement is rendered ineffective because some of its provisions are not complied with.
(B) Moderate - The act deviates from the requirement, but it functions to some extent although not all of its important provisions are complied with.
(C) Minimal - The act deviates somewhat from the requirement. The requirement functions nearly as intended, but not as well as if all provisions had been met.
(3) For requirements with more than one part, the Enforcement Agency shall consider the extent of violation in terms of the most significant requirement.
(4) For a single requirement, the range of potential deviation from the requirement may vary. For example, if a facility has no contingency plan, the deviation would be major. If a facility has a contingency plan but significant elements are omitted, the deviation would be moderate. If a facility has a contingency plan with only one or two minor elements missing, the deviation would be minimal.
(d) The matrix set forth in this subsection shall be used to determine the initial penalty for a violation. The Enforcement Agency shall select a penalty amount from the range provided in the matrix cell that corresponds to the appropriate extent of deviation and the potential harm categories. The numbers in parenthesis in each cell of the following matrix are the midpoints of the range.
Determination of Initial Penalty Matrix (in dollars)
 
Extent of Deviation            Potential Harm
                     Major     Moderate        Minimal
                     25,000    20,000          15,000
Major                (22,500)  (17,500)        (10,500)
                     20,000    15,000          6,000
                     20,000    15,000          6,000
Moderate             (17,500)  (10,500)        (4,000)
                     15,000    6,000           2,000
                     15,000    6,000           2,000
Minimal              (10,500)  (4,000)         (1,000)
                     6,000     2,000           0
 
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code. 
  

 



s 66272.63. Initial Penalty Adjustment Factors.
 (a) After determining the initial penalty, the Enforcement Agency shall adjust the initial penalty based on the violator's intent in committing the violation using the following guidelines:
Adjustment Factors for Violator's Intent
 
        Adjustment Factor  Circumstance
Downward Adjustment of 100          Violation was completely beyond the
percent                             control of the violator.
Downward Adjustment of 0 to 50      Violation occurred despite good
percent                             faith efforts to comply with
                                    regulation(s).
No Adjustment                       Violation indicated neither good faith
                                    efforts nor intentional failure to
                                    comply.
Upward Adjustment of 50 percent to  Violation was a result of
100 percent                         intentional failure to comply.
 
(b) Adjustment of the initial penalty in accordance with subsection (a) may result in an adjusted initial penalty that is higher or lower than the range presented in the originally selected matrix cell.
(c) The initial penalty shall be increased by the amount of any economic benefit gained or cost of compliance avoided by the violator as a result of noncompliance up to the statutory maximum for each violation. Economic benefit includes, but is not limited to, avoided costs, increased profits, having the use of capital from delayed or avoided costs, and avoided interest.
(d) The adjusted initial penalty for a violation shall not exceed the statutory maximum.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.64. Multiple Violations.
 (a) At the discretion of the Enforcement Agency, a single initial penalty may be assessed for multiple violations. Multiple violations subject to this section are multiple instances of the same violation, where each instance is a violation in itself.
(b) The assessment of a single initial penalty may be appropriate for multiple violations in the following cases:
(1) The facility has violated the same requirement at one or more locations   (e.g. units) within the facility;
(2) The violation occurs on separate occasions, unless the facility has been notified of the violation and has had sufficient time to correct the violation, and the violation is not a violation that continues uninterrupted for more than one day;
(3) When violations are not independent or are not substantially distinguishable. For such violations, the Enforcement Agency shall consider the extent of violation in terms of the most significant violation.
(c) Where it is necessary to deprive the violator of the economic benefit of multiple violations, the Enforcement Agency shall cite such violations separately and assess an initial penalty for each violation.
(d) The single initial penalty for multiple violations is to be determined as provided in Sections 66272.62 and 66272.63.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.65. Multiday Violations.
 (a) Each day a violation continues is a separate and distinct violation. The penalty for a continuing violation shall be determined according to this section.
(1) The initial penalty for the first day of violation shall be determined as provided in Sections 66272.62 and 66272.63;
(2) For days following the first day of violation, the multiday component of the penalty shall be calculated by determining two percent of the adjusted initial penalty and multiplying that value by the number of days the violation occurred after the initial day.
(b) If the Enforcement Agency fails to respond in a timely manner to the violator's written response to an inspection report, the Enforcement Agency may not seek penalties for continuing violations in accordance with Health and Safety Code Section 25185(c)(3).
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25185, 25187 and 25189.2, Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.66. Minor Violations Subject to a Penalty.
When a "minor violation," as defined by Health and Safety Code Section 25117.6, is subject to a penalty for any of the reasons specified in Health and Safety Code Section 25187.8(g), including that a penalty is warranted or required by federal law, the penalty for that violation shall be determined in accordance with this Article. Written findings that set forth the basis for the Enforcement Agency's determination to assess a penalty for a minor violation shall be made in accordance with Health and Safety Code Section 25187.8(g)(2).
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25117.6, 25187.8 and 25189 Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.67. Base Penalty.
 (a) If a violation is a one day occurrence, the base penalty for that violation is the adjusted initial penalty as determined pursuant to Sections 66272.62 and 66272.63.
(b) The base penalty for multiple violations is the adjusted initial penalty determined pursuant to Section 66272.64.
(c) The base penalty for multiday violations is the adjusted initial penalty for the first day of violation determined pursuant to Sections 66272.62 and 66272.63 plus the penalty for the additional days of violation pursuant to Section 66272.65.
(d) The total base penalty for an enforcement action is the sum of the base penalties for all violations.
(e) The total base penalty shall not exceed the statutory maximum.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2 Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.68. Adjustments to the Total Base Penalty.
The Enforcement Agency shall adjust the total base penalty considering each of the following adjustment factors:
(a) Cooperation: The Enforcement Agency shall consider the violator's cooperation and efforts to return to compliance. Cooperation in achieving compliance is the standard and all necessary good faith efforts to comply with requirements must be made. Adjustments shall be based on the violator's efforts to return to compliance after being notified of the violations by the Enforcement Agency. The adjustment shall be made using the following guidelines:
Adjustment Factors for Cooperation
 
Degree of
Cooperation    Adjustment
/Effort        Factor                Circumstance
Extraordinary  Downward              Violator exceeded the minimum
               adjustment of         requirements in returning to
               up to 25 percent      compliance or returned to compliance
                                     faster than requested.
Good Faith     No adjustment         Violator demonstrated a cooperative
                                     effort.
Recalcitrance  Upward                Violator failed to cooperate, delayed
               adjustment of         compliance, created unnecessary
               up to 25 percent      obstacles to achieving compliance, or
                                     the compliance submittal failed to
                                     meet requirements.
Refusal        Upward adjustment     Violator intentionally failed to return
               of 50 to 100 percent  to compliance or to allow clean-up
                                     operations to take place. This does not
                                     include refusal to allow inspections.
 
(b) Prophylactic Effect: The total base penalty may be adjusted upward or downward to ensure that the penalty is sufficient to provide a prophylactic effect on both the violator and the regulated community as a whole.
(c) Compliance History: The total base penalty may be decreased by five percent for each previous consecutive Enforcement Agency inspection report that has had no violations noted, up to a total reduction of ten percent. A separate, additional downward adjustment of 15 percent may be granted if the violator has a current International Organization for Standardization (ISO) 14001 Certificate. The total base penalty may be increased if the violator has demonstrated a history of noncompliance over the past five (5) years. The maximum adjustment factor for compliance history is an upward adjustment of 100 percent. When adjusting the penalty for compliance history, the Enforcement Agency shall consider the following criteria:
(1) Previous violations at the site in question receive more weight than previous violations at another site owned or operated by the same person;
(2) Recent violations receive more weight than older violations;
(3) The same or substantially similar previous violations receive more weight than previous unrelated violations.
(d) Ability to Pay: If the violator has provided the Enforcement Agency with the financial information necessary to assess the violator's ability to pay, the payment of the final penalty may be extended over a period of time if immediate, full payment would cause, in the judgment of the Enforcement Agency, extreme financial hardship. If extending the penalty payment over a period of time would cause, in the judgment of the Enforcement Agency, extreme financial hardship, the penalty may be reduced. No adjustment for ability to pay may be made if the penalty has been adjusted upward because of failure to cooperate, pursuant to subsection (a), or because of compliance history, pursuant to subsection (c).
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2 Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66272.69. Final Penalty.
The final penalty consists of the total base penalty, as defined in Section 66272.67, with any adjustments made pursuant to the adjustment factors set forth in Section 66272.68. The final penalty shall not exceed the statutory maximum.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25187 and 25189.2 Health and Safety Code; and Section 11425.50, Government Code. 
  
 



s 66273.1. Scope.
 (a) This chapter establishes requirements for managing the following:
(1) Batteries as described in section 66273.2;
(2) Thermostats as described in section 66273.4;
(3) Lamps as described in section 66273.5 (including, but not limited to, M003 Wastes);
(4) Cathode ray tube materials as described in section 66273.6;
(5) Universal waste electronic devices as described in section 66273.3;
(6) Aerosol cans as specified in Health and Safety Code section 25201.16;
(7) Mercury-containing motor vehicle switches [including, but not limited to, mercury-containing motor vehicle light switches as specified in Health and Safety Code section 25214.5 (M001 Wastes), and motor vehicles that contain such switches (M001 Wastes)], as described in section 66273.7.1;
(8) Non-automotive mercury switches and products that contain such switches  (including, but not limited to, M002 Wastes), as described in section 66273.7.2;
(9) Dental amalgam wastes, as described in section 66273.7.3;
(10) Pressure or vacuum gauges, as described in section 66273.7.4;
(11) Mercury-added novelties (including, but not limited to, M004 Wastes), as described in section 66273.7.5;
(12) Mercury counterweights and dampers, as described in section 66273.7.6;
(13) Mercury thermometers, as described in section 66273.7.7
(14) Dilators and weighted tubing, as described in section 66273.7.8;
(15) Mercury-containing rubber flooring, as described in section 66273.7.9; and
(16) Mercury gas flow regulators, as described in section 66273.10.
(b) This chapter provides an alternative set of management standards in lieu of regulation as hazardous wastes under chapters 10 through 16, 18, and 20 through 22 of this division.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.1. 
  
 



s 66273.2. Applicability -Batteries.
 (a) Batteries covered under chapter 23. The requirements of this chapter apply to persons managing batteries, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Batteries not covered under this chapter. The requirements of this chapter do not apply to persons managing the following batteries:
(1) Automotive type spent lead-acid batteries. Automotive-type spent lead acid storage batteries are managed under article 7 of chapter 16. Small sealed lead-acid storage batteries are not automotive type lead-acid batteries.
(2) Batteries, as described in section 66273.9, that are not yet wastes under chapter 11, including those that do not meet the criteria for waste generation in subsection (c).
(3) Batteries, as described in Section 66273.9, that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(c) Generation of waste batteries.
(1) A used battery becomes a waste on the date it is discarded (e.g., when sent for reclamation).
(2) An unused battery becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.2. 
  
 



s 66273.3. Applicability -Electronic Devices.
 (a) Universal waste electronic devices covered under chapter 23.
(1) The requirements of this chapter apply to persons managing electronic devices, as described in section 66273.9, except those listed in subsection (b) of this section.
(2) Discarded electronic devices that are hazardous solely because the device exhibits the characteristic of toxicity specified in section 66261.24 may be managed as a universal waste.
(b) Electronic devices not covered under chapter 23.
The requirements of this chapter do not apply to persons managing the following electronic devices:
(1) Electronic devices that are not yet wastes under chapter 11. Subsection (c) of this section describes when electronic devices become wastes.
(2) Electronic devices that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 and that are not otherwise identified as hazardous waste under chapter 11.
(3) Electronic devices that exhibit any characteristic of a hazardous waste other than the characteristic of toxicity.
(4) Electronic devices that are destined for disposal or are disposed to a class I landfill, in which case the universal waste electronic device shall be managed as hazardous waste under chapters 10 through 22.
(5) Electronic devices that are managed as hazardous waste under chapters 10 through 22 of this division;
(6) Electronic devices that are exempted pursuant to subsection 66273.8(c);
(7) Electronic devices that were previously identified as waste under chapter 11, but are no longer identified as a waste (e.g., a discarded universal waste electronic device that is refurbished and is returned to service).
(c) Generation of waste electronic devices.
(1) A used electronic device becomes a waste on the date it is discarded (e.g., when sent for reclamation).
(2) An unused electronic device becomes a waste on the date the owner decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code. 
  
 



s 66273.4. Applicability -Mercury Thermostats.
 (a) Thermostats covered under chapter 23. The requirements of this chapter apply to persons managing thermostats, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Thermostats not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following thermostats:
(1) Thermostats that are not yet wastes under chapter 11. Subsection (c) of this section describes when thermostats become wastes.
(2) Thermostats that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(c) Generation of waste thermostats.
(1) A used thermostat becomes a waste on the date it is discarded (e.g., sent for reclamation).
(2) An unused thermostat becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code; 40 CFR Section 273.4. 
  
 



s 66273.5. Applicability -Lamps.
 (a) Lamps covered under this chapter. The requirements of this chapter apply to persons managing the following:
(1) lamps, as described in section 66273.9, that exhibit a characteristic of a hazardous waste, as set forth in article 3 of chapter 11;
(2) on or after February 9, 2004:
(A) mercury-added lamps, as described in section 66273.9, that meet listing description M003 in section 66261.50; and
(B) products that contain such lamps, except those listed in subsection (b) of this section.
(b) Lamps not covered under this chapter. The requirements of this chapter do not apply to persons managing the following:
(1) Lamps that are not yet wastes under chapter 11 as provided in subsection  (c) of this section.
(2) Lamps that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11 and do not contain mercury (i.e., lamps that do not meet the listing description for M003 wastes in section 66261.50).
(3) Lamps which are not destined for an authorized recycling facility; these lamps are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(4) Vehicles that contain mercury-added lamps, unless such vehicles exhibit a characteristic of a hazardous waste, as set forth in article 3 of chapter 11.
(5) Waste motor vehicles from which all mercury-added lamps have not been removed that are crushed, baled, sheared, or shredded; if they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, these motor vehicles are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste lamps.
(1) A used lamp becomes a waste on the date it is discarded.
(2) An unused lamp becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5 and 25179.4, Health and Safety Code; 40 CFR Section 273.5. 
  
 



s 66273.6. Applicability -CRT Materials.
 (a) CRT materials covered under chapter 23.
The requirements of this chapter apply to CRT materials, as described in section 66273.9, except those listed in subsection (b).
(b) CRT materials not covered under chapter 23.
The requirements of this chapter do not apply to the following CRT materials:
(1) CRT materials that are not yet wastes under chapter 11 as provided in subsection (c) of this section;
(2) CRT materials that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11;
(3) CRT materials that are destined for disposal or are disposed to a class I landfill, in which case the CRT materials shall be managed as hazardous waste under chapters 10 through 22;
(4) CRT materials that are managed as hazardous waste under chapters 10 through 22 of this division;
(5) CRT materials exempted pursuant to subsection 66273.8(c);
(6) CRT materials that were previously wastes under chapter 11, but are no longer wastes (e.g., a discarded CRT device that is refurbished and is returned to service).
(c) Generation of CRT materials.
(1) A CRT device or CRT becomes a waste on the date when the earlier of the following occur:
(A) The owner discards it; or
(B) The CRT or the CRT in the CRT device is physically cracked, broken, or shattered.
(2) CRT glass released or derived from a CRT or a CRT device becomes a waste on the date that the CRT glass is released or derived from the CRT or the CRT device.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code. 
  
 



s 66273.7. [Reserved.]

 



s 66273.7.1. Applicability -Motor Vehicles That Contain Mercury Switches and Switches Removed from Motor Vehicles.
 (a) Switches and vehicles covered under chapter 23. Except as provided in subsection (b), the requirements of this chapter apply to persons managing the following:
(1) Mercury-containing motor vehicle switches, as described in section 66273.9, that exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(2) On or after January 1, 2005:
(A) mercury-containing motor vehicle light switches, as described in section 66273.9, that meet listing description M001 in section 66261.50;
(B) motor vehicles that contain such switches; and
(C) portions of motor vehicles that contain such switches.
(b) Switches and vehicles not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following:
(1) Mercury-containing motor vehicle switches that are not wastes under chapter 11. Subsection (c) of this section describes when motor vehicle switches become wastes.
(2) Motor vehicle switches that do not contain mercury.
(3) Motor vehicles and portions of motor vehicles from which all mercury-containing light switches have been removed.
(4) Waste mercury-containing motor vehicle switches that are not destined for an authorized recycling facility; these switches are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(5) Waste motor vehicles and portions of motor vehicles from which all mercury light switches have not been removed (other than switches that cannot be removed due to accidental damage to the vehicle), and that are crushed, baled, sheared, or shredded. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, these motor vehicles or portions of motor vehicles are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)
(c) Generation of waste mercury-containing motor vehicle switches and waste motor vehicles with mercury light switches.
(1) A used mercury-containing motor vehicle switch becomes a universal waste on the date a handler removes it from a motor vehicle and decides to discard it.
(2) On or after January 1, 2005, a motor vehicle from which any mercury-containing light switches have not been removed becomes a universal waste on the date any person decides to crush, bale, shear, or shred it.
(3) An unused mercury-containing motor vehicle switch becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150, 25214.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5 and 25214.6, Health and Safety Code. 
  
 



s 66273.7.2. Applicability -Products That Contain Mercury Switches and Switches Removed from Products.
 (a) Switches and products covered under chapter 23. Except as provided in subsection (b), the requirements of this chapter apply to persons managing the following:
(1) Non-automotive mercury switches, and products that contain such switches, as described in section 66273.9, that exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(2) On or after February 9, 2006, non-automotive mercury switches, and products that contain such switches, as described in section 66273.9, that meet listing description M002 in section 66261.50.
(b) Switches and products not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following:
(1) Non-automotive mercury switches, and products that contain such switches that are not wastes under chapter 11. Subsection (c) of this section describes when non-automotive mercury switches, and products that contain such switches, become wastes.
(2) Non-automotive switches, and products that contain such switches that do not contain mercury.
(3) Until February 8, 2006, products that contain non-automotive mercury switches that do not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(4) Products from which all non-automotive mercury switches have been removed.
(5) Waste non-automotive mercury switches that are not destined for an authorized recycling facility; these switches are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(6) Waste appliances and portions of appliances from which all non-automotive mercury switches have not been removed and that are crushed, baled, sheared, or shredded. (If they exhibit a characteristic of a hazardous waste in article 3 of chapter 11, these appliances are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.)
(c) Generation of waste non-automotive mercury switches and waste products with mercury switches.
(1) A used non-automotive mercury switch becomes a universal waste on the date a handler discards it or removes it from a product in order to discard it.
(2) A product that contains one or more non-automotive mercury switches becomes a universal waste on the date the owner discards the product.
(3) An unused non-automotive mercury switch becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5 and 25212, Health and Safety Code. 
  
 



s 66273.7.3. Applicability -Dental Amalgam Wastes.
 (a) Dental amalgam wastes covered under chapter 23. The requirements of this chapter apply to persons managing dental amalgam wastes, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Dental amalgam wastes not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following dental wastes:
(1) Dental amalgam that is not waste under chapter 11. Subsection (c) of this section describes when dental amalgam becomes waste.
(2) Empty used amalgam capsules.
(3) Waste dental restorative materials that do not contain mercury.
(4) Dental amalgam wastes that are not destined for an authorized recycling facility; these wastes are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of dental amalgam wastes.
(1) Teeth that contain dental amalgam restorations become universal wastes on the date they are discarded.
(2) Scrap dental amalgam, including excess mix, becomes universal waste on the date it is discarded.
(3) Amalgam particles contained in reusable chair side traps, reusable vacuum pump filters, and amalgam separators become universal wastes on the date they are removed from these traps, filters, and amalgam separators.
(4) Disposable chair side traps and vacuum pump filters that contain amalgam particles become universal wastes on the date they are discarded.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.7.4. Applicability -Mercury-Containing Pressure or Vacuum Gauges.
 (a) Pressure or vacuum gauges covered under chapter 23. The requirements of this chapter apply to persons managing pressure or vacuum gauges, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Pressure or vacuum gauges not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following pressure or vacuum gauges:
(1) Pressure or vacuum gauges that are not wastes under chapter 11. Subsection  (c) of this section describes when mercury-containing devices become waste.
(2) Waste pressure or vacuum gauges that do not contain mercury.
(3) Waste pressure or vacuum gauges that are not destined for an authorized recycling facility; these gauges are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste pressure or vacuum gauges.
(1) Used pressure or vacuum gauges become wastes on the date they are discarded.
(2) Unused pressure or vacuum gauges become wastes on the date the handler decides to discard them.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.7.5. Applicability -Mercury-Added Novelties.
 (a) Mercury-added novelties covered under chapter 23. Except as provided in subsection (b), the requirements of this chapter apply to persons managing the following:
(1) Mercury-added novelties, as described in section 66273.9 that exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11.
(2) On or after January 1, 2004, mercury-added novelties, as described in section 66273.9 that that meet listing description M004 in section 66261.50.
(b) Novelties not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following novelties:
(1) Mercury-added novelties that are not wastes under chapter 11. Subsection  (c) of this section describes when mercury-containing devices become waste.
(2) Waste novelties that do not contain mercury.
(3) Waste mercury-added novelties that contain liquid mercury and are not destined for an authorized recycling facility; these novelties are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste mercury-added novelties.
(1) Used mercury-added novelties become wastes on the date they are discarded.
(2) Unused mercury-added novelties become wastes on the date the handler decides to discard them.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.7.6. Applicability -Mercury Counterweights and Dampers.
 (a) Mercury counterweights and dampers covered under chapter 23. The requirements of this chapter apply to persons managing mercury counterweights and dampers, as described in section 66273.9, and products containing mercury counterweights and dampers, except those listed in subsection (b) of this section.
(b) Counterweights and dampers not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following counterweights and dampers and products containing counterweights and dampers:
(1) Mercury counterweights and dampers, and products containing mercury counterweights and dampers that are not wastes under chapter 11. Subsection (c) of this section describes when mercury counterweights and dampers become wastes.
(2) Waste counterweights and dampers that do not contain mercury and products with counterweights and dampers that do not contain mercury.
(3) Waste products from which mercury counterweights and dampers have been removed.
(4) Waste mercury counterweights and dampers that are not destined for an authorized recycling facility; these counterweights and dampers are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste mercury counterweights and dampers, and waste products containing mercury counterweights and dampers.
(1) A used mercury counterweight or damper, or a used product containing one or more mercury counterweights or dampers becomes a waste on the date a handler discards it.
(2) An unused mercury counterweight or damper, or an unused product containing one or more mercury counterweights or dampers becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.7.7. Applicability -Mercury Thermometers.
 (a) Thermometers covered under chapter 23. The requirements of this chapter apply to persons managing thermometers, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Thermometers not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following thermometers:
(1) Mercury thermometers that are not wastes under chapter 11. Subsection (c) of this section describes when mercury thermometers become waste.
(2) Waste thermometers that do not use the expansion and contraction of a column of mercury to measure temperature.
(3) Waste mercury thermometers that are not destined for an authorized recycling facility; these thermometers are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste thermometers.
(1) Used thermometers become wastes on the date they are discarded.
(2) Unused thermometers become wastes on the date the handler decides to discard them.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  

 



s 66273.7.8. Applicability -Mercury Dilators and Weighted Tubing.
 (a) Dilators and weighted tubing covered under chapter 23. The requirements of this chapter apply to persons managing dilators and weighted tubing, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Dilators and weighted tubing not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following dilators and weighted tubing:
(1) Mercury-containing dilators and weighted tubing that are not wastes under chapter 11. Subsection (c) of this section describes when mercury dilators and weighted tubing become waste.
(2) Waste dilators and weighted tubing that do not contain mercury.
(3) Waste mercury-containing dilators and weighted tubing that are not destined for an authorized recycling facility; these dilators and weighted tubing are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste dilators and weighted tubing.
(1) Used dilators and weighted tubing become wastes on the date they are discarded.
(2) Unused dilators and weighted tubing become wastes on the date the handler decides to discard them.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.7.9. Applicability -Mercury-Containing Rubber Flooring.
 (a) Mercury-containing rubber flooring covered under chapter 23. The requirements of this chapter apply to persons managing mercury-containing rubber flooring, as described in section 66273.9, except that listed in subsection (b) of this section.
(b) Rubber flooring not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following rubber flooring:
(1) Mercury-containing rubber flooring that is not waste under chapter 11. Subsection (c) of this section describes when mercury-containing rubber flooring becomes waste.
(2) Rubber flooring that does not contain mercury.
(c) Generation of waste mercury-containing rubber flooring.
(1) Used mercury-containing rubber flooring becomes a waste on the date it is discarded.
(2) Unused mercury-containing rubber flooring becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.7.10. Applicability -Mercury-Containing Gas Flow Regulators.
 (a) Mercury-containing gas flow regulators covered under chapter 23. The requirements of this chapter apply to persons managing mercury gas flow regulators, as described in section 66273.9, except those listed in subsection (b) of this section.
(b) Gas flow regulators not covered under chapter 23. The requirements of this chapter do not apply to persons managing the following gas flow regulators:
(1) Mercury-containing gas flow regulators that are not wastes under chapter 11. Subsection (c) of this section describes when mercury-containing gas flow regulators become waste.
(2) Waste gas flow regulators that do not contain mercury.
(3) Waste mercury-containing gas flow regulators that are not destined for an authorized recycling facility; these gas flow regulators are regulated as hazardous wastes pursuant to chapters 10 through 16, 18, and 20 through 22 of this division.
(c) Generation of waste mercury-containing gas flow regulators.
(1) A used mercury-containing gas flow regulator becomes a waste on the date it is discarded.
(2) An unused mercury-containing gas flow regulator becomes a waste on the date the handler decides to discard it.
 
  Note: Authority cited: Sections 25141, 25150 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.8. Exemptions.
 (a) Temporary disposal exemption for specific universal wastes.
(1) Through February 8, 2006, universal waste batteries, universal waste lamps, universal waste mercury thermostats, and universal waste electronic devices produced by a household, as defined in section 66273.9, incidental to owning or leasing and maintaining a place of residence, are not classified as hazardous waste and may be managed as non-hazardous solid waste, provided the wastes are disposed in a landfill permitted to accept municipal solid waste or hazardous waste.
(2) Through February 8, 2004, 100 kilograms (220 pounds) or less per month of universal waste batteries, universal waste thermostats, and universal waste lamps generated by conditionally exempt small quantity universal waste generators as defined in section 66273.9 may be managed as non-hazardous waste, provided the wastes are disposed in a landfill permitted to accept municipal solid waste or hazardous waste and the generator remains in compliance with subsections (a)(3)(B), (a)(3)(C), and (a)(3)(D) of this section. The quantity limit applies to the total amounts of universal waste batteries, universal waste thermostats, and universal waste lamps added together.
(3) From February 9, 2004 through February 8, 2006, universal waste batteries, universal waste lamps, and universal mercury thermostats produced by a conditionally exempt small quantity universal waste generator, as defined in section 66273.9, may be managed as non-hazardous solid waste, provided they are managed according to the following criteria:
(A) Universal wastes are disposed as non-hazardous waste in no more than the following quantities:
1. No more than 30 universal waste lamps in any calendar month; and
2. No more than 20 pounds of universal waste batteries in any calendar month; and
3. No universal waste thermostats.
(B) The generator's total generation of RCRA hazardous waste and universal waste does not exceed 100 kilograms (220 pounds) or, if the generator generates acutely hazardous waste, 1 kilogram (2.2 pounds) of acutely hazardous waste, in any calendar month.
(C) The waste is recycled by a destination facility or disposed in a landfill permitted to accept municipal solid waste or hazardous waste; and
(D) The generator remains in compliance with 40 CFR section 261.5.
(4) Through February 8, 2006, universal waste electronic devices generated by conditionally exempt small quantity universal waste generators as defined in section 66273.9 may be managed as non-hazardous solid waste, provided the wastes are disposed in a landfill permitted to accept municipal solid waste or hazardous waste and the generator remains in compliance with subsections (a)(3)(B), (a)(3)(C), and (a)(3)(D) of this section.
(5) Persons who commingle the household and conditionally exempt small quantity universal waste generator wastes described in subsections (a)(1), (a)(2), and (a)(3) of this section together with other universal waste regulated under this chapter shall manage the commingled waste under the requirements of this chapter.
(b) Household exemption.
A person maintaining a household is exempt from the requirements of this chapter for the management of that person's universal waste, provided:
(1) the waste is not disposed, except for those wastes exempted pursuant to subsection (a) of this section;
(2) the person does not disassemble or otherwise treat the waste, except under the provisions of section 66273.13; and
(3) the universal waste generated by the person is transported to another universal waste handler or to a destination facility.
(c) Conditionally Exempt Small Quantity Universal Waste Generator Exemption.
A conditionally exempt small quantity universal waste generator is exempt from the requirements of this chapter for the management of that person's universal waste, provided:
(1) the waste is not disposed, except for the following wastes:
(A) those wastes exempted pursuant to subsection (a) of this section;
(B) mercury-added novelties that do not contain liquid mercury, as described in section 66273.9; and
(C) mercury-containing rubber flooring, as described in section 66273.9.
(2) the person does not disassemble or otherwise treat the waste, except under the provisions of section 66273.13; and
(3) the universal waste generated by the person is transported to another universal waste handler or to a destination facility.
(d) Persons managing universal waste identified as household hazardous waste pursuant to 40 CFR section 261.4 and persons identified as conditionally exempt small quantity generators pursuant to 40 CFR section 261.5 may, at their option, manage their universal wastes under this chapter. If these persons decide to not manage their waste pursuant to this chapter, as provided in this section, these wastes must be managed pursuant to the standards for other hazardous wastes under this division and Chapter 6.5 of the Health and Safety Code.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Sections 261.4, 261.5 and 273.8. 
  
 
 



s 66273.9. Definitions.
 "Battery" means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.
 "Cathode ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electrical signal into a visual image.
 "Conditionally exempt small quantity universal waste generator" means a generator of universal waste who:
(a) generates no more than 100 kilograms (220 pounds) of RCRA hazardous wastes and no more than 1 kilogram (2.2 pounds) of acutely hazardous waste in any calendar month. When making the quantity determination of this section, the generator must, include all universal waste except CRT materials, and all RCRA hazardous waste; and
(b) generates a total of five or less CRT devices in a calendar year; and
(c) remains in compliance with 40 CFR section 261.5.
 "CRT device" means any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers and oscilloscopes.
 "CRT glass" means any glass released, derived or otherwise generated from the treatment or breakage of one or more CRTs.
 "CRT material" means all or any of the following:
(a) a CRT, as defined in this section, that is or has become a waste pursuant to section 66273.6(c);
(b) a CRT device, as defined in this section, that is or has become a waste pursuant to section 66273.6(c);
(c) CRT glass, as defined in this section, that is or has become a waste pursuant to section 66273.6(c) and that is reclaimed at a CRT glass manufacturer or at a primary or secondary lead smelter.
 "CRT material handler" means any person who generates, accumulates, stores, treats, or recycles any universal waste CRT material.
 "CRT Material Transporter" means a person engaged in the off-site transportation of universal waste CRT materials by air, rail, highway, or water.
 "Dental amalgam" or "universal waste dental amalgam" means dental amalgam chunks, dental amalgam fines, mixtures containing dental amalgam fines, single-use dental amalgam traps that contain dental amalgam, dental amalgam sludge, vacuum pump filters that contain dental amalgam, and extracted teeth with amalgam restorations.
 "Destination facility" means a facility that treats, disposes of, or recycles a particular category of universal waste, except those management activities described in section 66273.13, section 66273.33(a), (b), and (c) and section 66273.83. A facility at which a particular category of universal waste is only accumulated, is not a destination facility for purposes of managing that category of universal waste.
 "Dilators and weighted tubing" or "universal waste dilators and weighted tubing" means mercury containing dilators and weighted tubing used in medical procedures. "Dilators and weighted tubing" include, but are not limited to, bougie tubes, Canter tubes, and Miller-Abbot tubes.
 "Electronic Device" means any electronic device including, but not limited to, computers, computer peripherals, telephones, answering machines, radios, stereo equipment, tape players/recorders, phonographs, video cassette players/recorders, compact disc players/recorders, calculators, and some appliances. An electronic device does not include any CRT device as defined in this section, or any major appliance as defined in the Public Resources Code section 42166. The requirements of this chapter only apply to electronic devices as described in section 66273.3(a) (i.e., those wastes that exhibit the characteristic of toxicity).
 "Flame sensor" means a device, usually found in a gas-fired appliance, that uses the expansion and contraction of liquid mercury contained in a probe to open and shut a valve.
 "Gas flow regulator," "mercury gas flow regulator" or "universal waste gas flow regulator" means a mercury-containing device used to regulate the flow of gas through a gas meter.
 "Generator" or "producer" means:
(a) any person, by site, whose act or process produces hazardous waste identified or listed in chapter 11 of this division or whose act first causes a hazardous waste to become subject to regulation.
(b) any person, by site, whose act or process produces universal waste as defined in this section or whose act first causes a universal waste to become subject to regulation.
 "Household" means a private residence. For the purposes of this section, household does not mean a hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility.
 "Lamp", also referred to as "universal waste lamp" is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
 "Large Quantity Handler of Universal Waste" means a universal waste handler  (as defined in this section) who accumulates 5,000 kilograms or more total of universal waste (e.g., batteries, thermostats, lamps, etc. calculated collectively) at any time. This designation as a large quantity handler of universal waste is retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated.
 "Management" means handling, storage, transportation, processing, treatment, recovery, recycling, transfer and disposal.
 "Mercury-added novelty" means a mercury-added product intended mainly for personal or household enjoyment or adornment. A "mercury-added novelty" includes, but is not limited to, any item intended for use as a practical joke, figurine, adornment, toy, game, card, ornament, yard statue or figure, candle, jewelry, holiday decoration, and item of apparel, including footwear.
 "Mercury gas flow regulator" or "universal waste gas flow regulator" means a mercury-containing device used to regulate the flow of gas through a gas meter.
 "Mercury-containing motor vehicle light switch" means any motor vehicle switch found in the hood or trunk of a motor vehicle that contains mercury.
 "Mercury-containing motor vehicle switch" means any motor vehicle switch that contains mercury including, but not limited to, a mercury containing motor vehicle light switch.
 "Mercury-containing rubber flooring" or "universal waste rubber flooring" means any rubber flooring material formulated with intentionally added mercury.
 "Mercury counterweights and dampers" or "universal waste mercury counterweights and dampers" means an enclosed device that uses liquid mercury for weight or dampening. Includes, but is not limited to, mercury bow stabilizers used in archery, mercury recoil suppressors used in shooting, and mercury counterweights used in clocks.
 "Mercury switch" or "universal waste mercury switch" means an electrical switch that employs mercury to make an electrical contact. "Mercury switch" includes, but is not limited to the following mercury-containing switches: mercury-containing motor vehicle switches, tilt switches, vibration-sensing switches, off-balance switches, float switches, silent light switches, and relays.
 "Non-automotive mercury switch" means any mercury switch other than a mercury-containing motor vehicle switch.
 "Offsite" means any site which is not onsite.
 "On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided that the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right of way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property.
 "PRC" means California Public Resources Code.
 "Pressure or vacuum gauge," "universal waste gauge," or "gauge," means any device in which pressure or vacuum is measured using the height of a column of liquid mercury. "Pressure or vacuum gauge" includes, but is not limited to, barometers, manometers, and sphygmomanometers.
 "Small Quantity Handler of Universal Waste" means a universal waste handler  (as defined in this section) who does not accumulate 5,000 kilograms or more total of universal waste (e.g., batteries, thermostats, lamps, etc., calculated collectively) at any time.
 "Thermometer," "mercury thermometer" or "universal waste thermometer" means any thermometer that uses the expansion and contraction of a column of mercury to measure temperature.
 "Thermostat" means a temperature control device that contains metallic mercury in an ampule attached to a bimetal sensing element, and mercury-containing ampules that have been removed from these temperature control devices in compliance with the requirements of sections 66273.13(c)(2) or 66273.33(c)(2).
 "Universal Waste" means any of the wastes that are listed in section 66261.9.
 "Universal Waste Handler":
(a) Means:
(1) A generator (as defined in section 66260.10 and this section) of universal waste; or
(2) The owner or operator of a facility, including all contiguous property, that receives universal waste from other universal waste handlers, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.
(b) Does not mean:
(1) A person who treats (except under the provisions of section 66273.13, section 66273.33, or section 66273.83, disposes of, or recycles universal waste; or
(2) A person engaged in the off-site transportation of universal waste by air, rail, highway, or water, including a universal waste transfer facility.
(3) A CRT material handler, as defined in this section.
 "Universal Waste Transfer Facility" means any transportation-related facility including loading docks, parking areas, storage areas and other similar areas where shipments of universal waste are held during the normal course of transportation for ten days or less.
 "Universal Waste Transporter" means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
 
  Note: Authority cited: Sections 25141, 25150, 25214.6, 25150.6,  25201, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Sections 261.4, 261.5, and 273.9. 
  
 
 



s 66273.10. Applicability.
This article applies to small quantity handlers of universal waste (as defined in section 66273.9) except as provided for households and for conditionally exempt small quantity universal waste generators in section 66273.8.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.10. 
  
 



s 66273.11. Prohibitions.
 A small quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in section 66273.17; or by managing specific wastes as provided in section 66273.13.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.11. 
  
 



s 66273.12. Notification.
 A small quantity handler of universal waste is not required to notify the Department or the U.S. EPA of universal waste handling activities  except as specified in section 66273.13(d) for small quantity universal waste electronic device handlers.
 
  Note: Authority cited: Sections 25141, 25150, 25201, 25214.9,  25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.12. 
  
 



s 66273.13. Waste Management.
 (a) Universal Waste Batteries. A small quantity handler of universal waste shall manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste shall contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the battery, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but shall be immediately closed after removal):
(A) Sorting batteries by type;
(B) Mixing battery types in one container;
(C) Discharging batteries so as to remove the electric charge;
(D) Regenerating used batteries;
(E) Disassembling batteries or battery packs into individual batteries or cells;
(F) Removing batteries from consumer products; or
(G) Removing electrolyte from batteries.
(3) A small quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, shall determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in article 3 of chapter 11.
(A) If the electrolyte and/or other solid waste exhibits a characteristic of hazardous waste, it is subject to all applicable requirements of this division. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to chapter 12.
(B) If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(b) Universal Waste Thermostats. A small quantity handler of universal waste shall manage universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste shall contain any universal waste thermostat that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the thermostat, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste may remove mercury- containing ampules from universal waste thermostats provided the handler:
(A) Removes the ampules in a manner designed to prevent breakage of the ampules;
(B) Removes ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);
(C) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of section 66262.34;
(D) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of section 66262.34;
(E) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA and CalOSHA exposure levels for mercury;
(F) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;
(G) Stores removed ampules in closed, non-leaking containers that are in good condition;
(H) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; and
(3)(A) A small quantity handler of universal waste who removes mercury-containing ampules from thermostats shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining thermostat units).
(B) If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other waste and is subject to chapter 12.
(C) If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(c) Universal Waste Lamps. A small quantity handler of universal waste shall manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste shall contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste shall immediately clean up and place in a container any lamp that is broken and shall place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers shall be closed, structurally sound, compatible with the contents of the lamps and shall lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.
(3) A small quantity handler of universal waste may remove universal waste lamps from a product or structure, provided the handler removes the lamps in a manner designed to prevent breakage.
(d) Universal Waste Electronic Devices. A small quantity handler of universal waste shall manage universal waste electronic devices in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Containment:
(A) A small quantity handler of universal waste shall handle any universal waste electronic devices in a manner that minimizes breakage. If containers are used, such containers shall prevent leakage, spillage or damage that could reasonably be foreseen. Whole universal waste electronic devices that are managed in a manner (e.g., stored in a room) that prevents breakage of the device and release of hazardous components of the device (e.g, on a pallet) shall be considered to comply with this requirement.
(B) A small quantity handler of universal waste shall immediately clean up and place in a container any universal waste electronic device that is broken and may reasonably be expected to cause a release of hazardous constituents to the environment. Containers shall be structurally sound, compatible with the contents of the universal waste electronic devices and shall prevent releases of hazardous components to the environment under reasonably foreseeable conditions.
(2) Notification and Reporting Requirements:
(A) Notification: Any person who intends to handle any universal waste electronic devices from an offsite source after August 6, 2004 shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified below no later than 30 days prior to accepting any universal waste electronic devices. Small quantity handlers currently handling universal waste electronic devices from offsite sources shall submit this notification prior to July 7, 2004.
1. Name of handler;
2. Telephone number of handler;
3. Type of handler for purposes of Public Resources Code, division 30, part 3, chapter 8.5 (i.e., collector, recycler, or dual entity);
4. Mailing address of handler, and physical address, including county, if different from the mailing address;
5. Name of the contact person;
6. Telephone number of the contact person;
7. An e-mail address for the contact person or organization, if available;
8. The types of universal waste electronic devices expected to be handled;
9. The sources of universal waste electronic devices (i.e., residential collections, business asset recovery, other collectors, etc.).
(B) Annual Report. A small quantity handler of universal waste electronic devices that accepts more than 100 kilograms or 220 pounds of universal waste electronic devices from any offsite source shall, by February 1 of each calendar year, commencing February 1, 2005, submit a written or electronic report containing the information specified below to the Department. The information submitted under this subsection shall cover universal waste electronic device handling activities during the previous calendar year.
1. Name of handler;
2. Telephone number of handler;
3. Mailing address of handler, and physical address, including county, if different from the mailing address;
4. Name of the contact person;
5. Telephone number of the contact person;
6. An e-mail address for the contact person or organization, if available;
7. The types of universal waste electronic devices handled;
8. The total quantity of universal waste electronic devices (count or weight) handled during the previous calendar year;
9. A list including the names, addresses, and phone numbers of each location that the small quantity handler shipped universal waste electronic devices to during the previous year and the total quantity of universal waste electronic devices (count or weight) shipped to each location.
(C) Electronic notifications and reports submitted under subsection (A) and (B) shall be submitted to www.dtsc.ca.gov.
(D) Written notifications and reports submitted under subsection (A) and (B) shall be submitted to the Department by certified mail, return receipt requested to: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: UWED Handling Activities" prominently displayed on the front of the envelope.
(3) Small Quantity Handler Standards: A small quantity handler of universal waste electronic devices may treat or recycle the universal waste electronic devices (i.e., may conduct hazardous waste treatment) provided the handler complies with the applicable standards below:
(A) Notwithstanding subsections (B), (C), and (D) below, a small quantity handler of universal waste electronic devices may remove from the universal waste electronic devices any discrete assemblies which are typically removed during the normal operation of the universal waste electronic device, such as the removal and replacement of batteries or ink cartridges, provided the small quantity universal waste handler conducts the disassembly in the manner prescribed in the operating manual for the universal waste electronic device or that would otherwise be performed during the normal use of the universal waste electronic device.
(B) A small quantity handler of universal waste who recycles universal waste electronic devices by reclaiming components (e.g., circuit boards, integrated circuits, metals, plastic, wiring, batteries, lamps, etc.) from universal waste electronic devices through manual disassembly, dismantling, or otherwise manually segregating components from those devices for the purposes of directly reusing those components onsite without further processing, or sending those components offsite for direct reuse or further reclamation at another location shall comply with subsections (F)(1) through (F)(5) below.
(C) A small quantity handler of universal waste who recycles universal waste electronic devices (and their components) through the utilization of treatment processes other than manual disassembly for the purposes of directly reusing components onsite without further processing, sending components offsite for direct reuse, or sending components or treatment residuals offsite for further reclamation at another location, and whose recycling or treatment activities produces only hazardous residuals (including finely divided materials) that meet the definition of scrap metal in 66260.10, or which are otherwise exempt from full regulation as hazardous waste, shall comply with subsections (F)(1) through (F)(6) below.
(D) A small quantity handler of universal waste who recycles universal waste electronic devices (and their components) through the utilization of treatment processes other than manual disassembly for the purposes of directly reusing components onsite without further processing, sending components offsite for direct reuse, or sending components or treatment residuals offsite for further reclamation at another location, and whose recycling or treatment processes produce any residuals (including baghouse and filter dusts) which exhibit any hazardous waste characteristic defined in chapter 11 and do not meet the definition of scrap metal in section 66260.10 (e.g., because they are fine powders or are contaminated with fine powders), or do not qualify for management as universal waste under this chapter shall comply with subsections (F)(1) through (F)(7) below.
(E) A small quantity handler of universal waste electronic devices who conducts treatment or recycling activities as described in subsections (A) through (D) above shall not be deemed to be operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.
(F) A small quantity handler of universal waste electronic devices who conducts treatment or recycling activities as described in subsections (B) through (D) shall comply with the following waste management standards, as applicable:
1. Treatment/Recycling Notification and Reporting:
a. Any person who intends to conduct treatment activities as described in subsections (B), (C), or (D) above after August 6, 2004 shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified below no later than 30 days prior to treating or recycling any universal waste electronic devices. Small quantity handlers currently treating or recycling universal waste electronic devices shall submit this notification prior to July 7, 2004.
1. The small quantity universal waste electronic device handler's name and mailing address;
2. The name and business telephone number of the person at the small quantity universal waste electronic device handler's site who should be contacted regarding universal waste management activities;
3. The name, mailing address and telephone number of the owner of the facility;
4. A description of the type of universal waste electronic devices that will be treated;
5. A description of the treatment processes to be used;
6. Documentation that the facility operator has notified the facility property owner (if different from the operator of the facility) that the operator is conducting universal waste electronic device treatment or recycling operations at the facility.
b. A small quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall prepare and submit an annual report to the Department. The annual report shall be delivered by certified mail, return receipt requested, to the Department by February 1 of each calendar year. The report shall be dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for the previous calendar year:
1. The name, address, physical location and a description of the facility;
2. The mailing address of the business entity that owns and operates the facility;
3. The name, title and telephone number of the person at the facility who should be contacted regarding universal waste management activities at the facility;
4. The facility EPA Identification number, if required;
5. The number of days each facility operated;
6. The total quantity (count or weight) universal waste electronic devices  (with their respective types or categories) treated or recycled by the handler during the previous year;
7. The treatment or recycling method used for each universal waste electronic device treated by the facility;
8. The final destination of universal waste electronic devices recycled.
2. Containment of Residuals: A small quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall manage all materials produced from the treatment of universal waste electronic devices in a manner that prevents a release of any universal waste electronic devices or any components thereof, as follows:
a. A small quantity handler of universal waste electronic devices shall conduct activities over or in a containment device (e.g., a tray, a box, a workbench, a table, or an enclosed machine) sufficient in size and construction to contain any materials that may be released.
b. A small quantity handler of universal waste electronic devices shall contain any residuals produced from universal waste electronic devices in a manner that prevents releases of hazardous residuals to the environment under reasonably foreseeable conditions.
c. A small quantity handler of universal waste shall immediately clean up and place in a container any universal waste electronic device that is broken and may reasonably be expected to cause a release. Such containers shall be structurally sound, compatible with the contents of the universal waste electronic devices and shall prevent releases under reasonably foreseeable conditions.
3. Worker Safety:
a. A small quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall be thoroughly familiar with the associated hazards and have access to the proper procedures and protective equipment necessary to safely conduct the treatment and to comply with the requirements of this section;
b. A small quantity handler of universal waste electronic devices who conducts treatment activities shall ensure that the facility is operated in compliance with all applicable worker health and safety laws and regulations (i.e., California Code of Regulations, title 8).
4. Zoning: A small quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall ensure that the activities conducted at the facility are consistent with local zoning and land use requirements for that location.
5. Management of Residuals: A small quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall ensure that all materials produced as a result of the treatment processes are properly classified and managed in accordance with any applicable requirements of this division.
6. Management Standards Applicable to Small Quantity Handlers Identified in Subsections (C) and (D): A small quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (C) and (D) above shall:
a. Utilize only treatment methods that employ one or more of the following technologies:
1. Physical processes that change only the physical properties of the waste such as cutting, sawing, breaking, shredding, crushing, grinding, screening, sieving, acceleration, or compacting; and/or
2. Separation based on differences in physical properties such as size, color, density, or ferromagnetism.
3. If processes such as cutting, sawing, shredding, crushing, grinding, crushing, acceleration, or compacting are utilized, the handler shall ensure all mercury containing lamps and other components which contain fluids (i.e., liquids or gasses) that would be identified as hazardous waste are removed prior to processing.
4. A small quantity handler of universal waste electronic devices shall not process any universal waste electronic devices containing PCB ballasts, medical or biohazardous wastes, radioactive materials, reactive materials, or ignitable materials.
b. Ensure the treatment is conducted without the use or application of:
1. Chemicals, including water;
2. External heat.
c. Ensure that all hazardous wastes generated from treatment activities that are sent offsite for disposal are manifested in accordance with the applicable requirements of article 2 of chapter 12.
d. Ensure that all treatment residuals meeting the definition of scrap metal in section 66260.10 are recycled.
e. Not accept for treatment, any universal waste electronic devices that are managed, or are required to be managed, as hazardous waste under chapters 10 through 22 of this division unless authorized to do so under hazardous waste management permit or other grant of authorization.
f. Comply with the requirements of sections 66265.18 and 66265.25 of chapter 15 as those requirements apply to facility location and design standards.
g. Ensure that all treatment is conducted in compliance with all applicable local and state air pollution control laws and regulations.
h. Conduct treatment only for the purposes of recycling one or more types of universal waste electronic devices.
i. Maintain on file the documents specified in subparagraphs (i)(1) and (i)(2) at the facility by no later than 30 days prior to recycling or treating any universal waste electronic devices. The handler shall make these documents available upon demand at the facility to any representative of the Department, the U. S. EPA or a local governmental agency having jurisdiction over the facility. A copy of these documents shall be delivered in person or by certified mail, return receipt requested, to the Department when requested in writing. The written request from the Department shall specify the documents that are required, where and how to submit those documents and the date by which those documents shall be submitted.
1. A copy of the most recent notifications and reports submitted as required by subsection (F)(1).
2. A copy of any local air district permit and other permits required for the facility.
j. No later than 30 days after ceasing treatment or recycling activities at the facility, a small quantity handler of universal waste electronic devices shall submit to the Department, by certified mail, with return receipt requested, a notification containing the following information:
1. The date of the last day on which the handler conducted treatment or recycling activities;
2. The date of the last day on which the handler conducted handling activities at the facility, if applicable; and
3. The date the small quantity handler closed or vacated the facility, if applicable.
7. Treatment Standards Applicable to Small Quantity Handlers Identified in Subsection (D). A small quantity handler of universal waste electronic devices who conducts treatment activities other than manual disassembly or dismantling treatment as described in subsection (D) above shall:
a. No later than 30 days prior to initially recycling or treating any universal waste electronic devices, prepare and submit to the Department, by certified mail, with return receipt requested, an estimate of the cost of facility closure prepared pursuant to section 66265.142. The small quantity handler shall evaluate the estimate annually and adjust it to reflect changes in closing cost as appropriate.
b. No later than 30 days prior to initially recycling or treating any universal waste electronic devices, submit to the Department, by certified mail, with return receipt requested, documentation demonstrating financial assurance for closure pursuant to section 66265.143.
c. No later than 30 days prior to initially recycling or treating any universal waste electronic devices, submit to the Department, by certified mail, with return receipt requested documentation demonstrating financial responsibility for liability pursuant to section 66265.147.
(e) Universal Waste Mercury Switches and Thermometers. A small quantity handler of universal waste shall manage universal waste mercury switches and thermometers in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste shall contain any universal waste mercury switch or thermometer that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a sealed plastic bag in a container. The container shall be closed, structurally sound, compatible with the contents of the switch or thermometer, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall contain packing materials adequate to prevent breakage of universal waste mercury switches and thermometers during storage, handling, and transportation.
(2) A small quantity handler of universal waste shall accumulate universal waste thermometers in closed, non-leaking containers that are in good condition and shall pack thermometers with packing materials adequate to prevent breakage during storage, handling, and transportation.
(3)(A) A small quantity handler of universal waste may remove mercury-containing motor vehicle switches from motor vehicles, and may remove non-automotive mercury switches from products that contain them, provided the handler:
1. Removes mercury switches in a manner designed to prevent breakage;
2. Ensures that a mercury clean-up system is readily available;
3. Immediately transfers any mercury resulting from spills or leaks from broken mercury switches to an airtight container that meets the requirements of paragraph (1) of this subsection;
4. Ensures that employees removing mercury switches are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of spilled mercury to appropriate containers;
5. Accumulates removed mercury switches in closed, non-leaking containers that are in good condition;
6. Packs removed mercury switches in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; and
7. Keeps records, on paper or electronically, of the removal of mercury switches from vehicles and household appliances for at least three years from the date of removal, which shall include, at a minimum, the following information:
a. The total number of vehicles crushed, baled, sheared, or shredded;
b. The total number of appliances destined for shredding;
c. The total number of vehicles or appliances destined for crushing, baling, shearing, or shredding that were determined to contain one or more mercury switches;
d. The number of mercury switches removed from these vehicles and appliances; and
e. The number of motor vehicles from which mercury switches could not be removed due to accidental damage to the vehicle.
(B) On or after January 1, 2005, a small quantity universal waste handler who intends to crush, bale, shear, or shred a motor vehicle that contains mercury light switches, shall, prior to crushing, baling, shearing, or shredding the vehicle, remove all mercury-containing motor vehicle light switches (except switches that cannot be removed due to accidental damage to the vehicle) or ensure that all mercury-containing motor vehicle light switches have already been removed.
(4)(A) A small quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks from a mercury switch or thermometer; and/or
2. Other wastes generated as a result of the handling of universal waste mercury switches and/or thermometers.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(f) Universal Waste Dental Amalgam. A small quantity handler of universal waste shall manage universal waste dental amalgam in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste shall place amalgam scraps, amalgam fines, single-use amalgam traps and filters, and extracted teeth with amalgam restorations in airtight containers. The containers shall be kept closed, except when universal waste dental amalgam is being added.
(2) A small quantity handler of universal waste shall not rinse amalgam traps or filters into a sink.
(3) A small quantity handler of universal waste shall not place universal waste dental amalgam into medical waste containers.
(g) Universal Waste Gauges. A small quantity handler of universal waste shall manage universal waste gauges in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1)(A) All openings through which mercury could escape shall be securely closed with appropriately sized stoppers or other closures that are compatible with the contents of the device.
(B) Each universal waste gauge shall be sealed in a plastic bag. Plastic bags containing universal waste gauges shall be placed into a container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the gauge. The container or package shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. The container shall contain packing materials adequate to prevent breakage during storage, handling, and transportation.
(C) A mercury clean-up system shall be readily available to immediately transfer any mercury resulting from spills or leaks from universal waste gauges to an airtight container that meets the requirements of paragraph (2) of this subsection;
(D) Universal waste gauges shall be kept upright at all times during handling, accumulation, and transportation.
(2) A small quantity handler of universal waste may drain elemental mercury from pressure or vacuum gauges generated by that handler, at the site where the gauges were generated, provided the handler:
(A) Ensures that the universal waste pressure or vacuum gauges are drained over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from a device in case of breakage or spill);
(B) Ensures that the draining operations are performed safely by developing and implementing a written procedure detailing how to safely drain the universal waste pressure or vacuum gauges. This procedure shall include: the type of equipment to be used to drain the universal waste pressure or vacuum gauges safely, operation and maintenance of the equipment, appropriate personal protective equipment, segregation of incompatible wastes, proper waste management practices, spill response procedures, and waste characterization;
(C) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste pressure or vacuum gauge that may occur during the mercury draining operation;
(D) Immediately transfers the drained elemental mercury to a container. The container shall be closed, structurally sound, compatible with elemental mercury, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;
(E) Ensures that employees are thoroughly familiar with the procedure for draining universal waste pressure or vacuum gauges, and proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
(F) Stores the drained elemental mercury in a closed, non-leaking container that is in good condition and meets the requirements of subparagraph (D);
(G) Ensures that any container into which mercury from a universal waste pressure or vacuum gauge is drained or in which drained mercury is stored is placed into a secondary container that is in good condition, compatible with mercury, and large enough to accommodate the contents of the primary container if it should leak or break;
(H) Maintains documentation of the date of accumulation, a description of the pressure or vacuum gauges drained, and the amount of mercury drained; and
(I) Accumulates no more than 35 kilograms of elemental mercury at any one time.
(3)(A) A small quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Whole or partial universal waste gauges from which mercury has been drained;
2. Mercury or clean-up residues resulting from spills or leaks;
3. Other wastes generated as a result of the handling of universal waste gauges.
(B) If a whole or partial universal waste gauge from which mercury has been drained exhibits a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of this chapter.
(C) If the mercury or clean-up residues resulting from spills or leaks, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(D) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(h) Universal Waste Novelties. A small quantity handler of universal waste shall manage universal waste novelties in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Universal waste novelties whose only mercury is contained in a button cell or other mercury-containing battery shall be managed in accordance with the requirements for universal waste batteries, pursuant to subsection (a) of this section.
(A) If they are removable, a small quantity handler of universal waste may remove mercury-containing batteries from a universal waste novelty.
(B) If, after removal of all mercury-containing batteries, a universal waste novelty contains no other mercury and does not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11; the novelty may be managed as non-hazardous waste.
(C) Batteries removed from universal waste novelties may be managed as universal waste batteries, pursuant to subsection (a) of this section.
(2) Universal waste novelties that are painted with mercury-containing paint shall be accumulated in an airtight container. The container shall be closed, structurally sound, compatible with the novelty, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(3) Universal waste novelties that contain liquid mercury shall be managed as follows:
(A) Universal waste novelties that contain liquid mercury shall be packed in an airtight container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed, structurally sound, compatible with the novelty, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;
(B) A mercury clean-up system shall be readily available; and
(C) Any universal waste novelty containing liquid mercury that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions shall be placed in an airtight container. The container shall meet the requirements of subparagraph (A) of this paragraph.
(4) Universal waste novelties whose only mercury is contained in a mercury switch or switches shall be managed in accordance with the requirements for universal waste switches and thermometers, pursuant to subsection (d) of this section.
(A) If they are removable, a small quantity handler of universal waste may remove mercury switches from a universal waste novelty.
(B) If, after removal of all mercury switches, a universal waste novelty contains no other mercury and does not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11; the novelty may be managed as non-hazardous waste.
(C) Switches removed from universal waste novelties may be managed as universal waste switches and thermometers, pursuant to subsection (d) of this section.
(5)(A) A small quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other wastes generated as a result of the handling of novelties that contain liquid mercury.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(i) Universal Waste Counterweights and Dampers. A small quantity handler of universal waste shall manage universal waste counterweights and dampers in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Prior to shipping universal waste counterweights and dampers to a recycler, a small quantity handler of universal waste shall pack universal waste counterweights and dampers in a container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed, structurally sound, compatible with the contents of the counterweight or damper, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste shall place any universal waste counterweight or damper that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions into a sealed plastic bag in an airtight container. The container shall be closed, structurally sound, compatible with the contents of the counterweight or damper, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(3) A small quantity handler of universal waste shall ensure that a mercury clean-up system is readily available;
(4)(A) A small quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other wastes generated as a result of the handling of universal waste counterweights and dampers.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other waste and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(j) Universal Waste Dilators and Weighted Tubing. A small quantity handler of universal waste shall manage universal waste dilators and weighted tubing in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Prior to shipping universal waste dilators and weighted tubing, a small quantity handler of universal waste shall pack universal waste dilators and weighted tubing in a container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed, structurally sound, compatible with the contents of the dilators and weighted tubing, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A small quantity handler of universal waste shall place any universal waste dilators and weighted tubing that show evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions into a sealed plastic bag in an airtight container. The container shall be closed, structurally sound, compatible with the contents of the dilators and weighted tubing, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(3) A small quantity handler of universal waste shall ensure that a mercury clean-up system is readily available.
(4)(A) A small quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other wastes generated as a result of the handling of universal waste dilators and weighted tubing.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(k) Universal Waste Rubber Flooring. A small quantity handler of universal waste shall manage universal waste rubber flooring in a way that prevents releases of any universal waste or component of a universal waste to the environment.
(l) Universal Waste Gas Flow Regulators. A small quantity handler of universal waste shall manage universal waste gas flow regulators in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A small quantity handler of universal waste shall ensure that universal waste gas flow regulators are kept upright at all times during accumulation and transportation.
(2) A small quantity handler of universal waste shall place each regulator into an airtight container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the regulator. The container or package shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(3) A small quantity handler of universal waste shall ensure that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from universal waste gas flow regulators to an airtight container that meets the requirements of paragraph (2) of this subsection.
(4)(A) A small quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and
2. Other wastes generated as a result of the handling of universal waste gas flow regulators.
(B) If the mercury or clean-up residues resulting from spills or leaks, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
 
  Note: Authority cited: Sections 25141, 25150, 25201, 25214.6,  25214.9, 25214.10.2,  25219.1, 25219.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.13. 
  
 



s 66273.14. Labeling/Marking.
 A small quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified below:
(a) Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Battery(ies), or "Waste Battery(ies)," or "Used Battery(ies);"
(b) Universal waste thermostats (i.e., each thermostat), or a container in which the thermostats are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Mercury Thermostat(s)," or "Waste Mercury Thermostat(s)," or "Used Mercury Thermostat(s)".
(c) Each lamp or a container or package in which such lamps are contained shall be labeled or marked clearly with one of the following phrases: "Universal Waste -Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)."
(d) Each universal waste electronic device or container or pallet in or on which universal waste electronic devices are contained,including containers or pallets that also contain devices that are not waste, shall be labeled or marked clearly with one of the following phrases: "Universal Waste -Electronic Device(s)" or "UW -Electronic Device(s)."
(1) In lieu of labeling individual universal waste electronic devices or containers or pallets, a small quantity handler may accumulate universal waste electronic devices within a designated area demarcated by boundaries that are clearly labeled with one of the following phrases: "Universal Waste Electronic Device(s)" or "UW Electronic Device(s)."
(e) Universal waste mercury switches and thermometers or a container in which the switches are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Mercury Switch(es)," or "Waste Mercury Switch(es)," or "Used Mercury Switch(es);"
(f) Dental amalgam. A container in which universal waste dental amalgam is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Dental Amalgam," or "Waste Dental Amalgam" or "Scrap Dental Amalgam;"
(g) Pressure or vacuum gauges.
(1) A container in which universal waste gauges are contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste - Gauge(s)," or "Waste Mercury Gauge(s)" or "Used Mercury Gauge(s);"
(2) A container in which mercury drained from one or more universal waste pressure or vacuum gauges is contained shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste -Drained Mercury," or "Universal Waste -Mercury from Gauges;"
(h) Universal waste novelties or a container in which the novelties are contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste-Novelty(ies)," or "Waste Mercury Novelty(ies)" or "Used Mercury Novelty(ies);"
(i) Universal waste counterweights and dampers, a product that contains one or more counterweights and/or dampers, or a container in which the counterweights and/or dampers are contained, shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste -Counterweight(s)," or "Universal Waste -Damper(s);" "Waste Mercury Counterweight(s)" or "Waste Mercury Damper(s);" "Used Mercury Counterweight(s)," or "Used Mercury Damper(s);"
(j) Universal waste dilators and weighted tubing or a container in which the dilators and weighted tubing are contained shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste - Dilator(s)," "Waste Mercury Dilator(s)" "Used Mercury Dilator(s)," "Universal Waste -Mercury-Weighted Tubing," "Waste Mercury-Weighted Tubing," or "Used Mercury-Weighted Tubing."
(k) Universal waste rubber flooring or a container in which the flooring is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Rubber Flooring," or "Waste Mercury-Containing Flooring" or "Used Mercury-Containing Flooring."
(l) Gas flow regulators. A waste gas meter that contains a mercury gas flow regulator or a container in which a universal waste gas flow regulator is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Gas Flow Regulator," or "Waste Mercury Gas Flow Regulator" or "Used Mercury Gas Flow Regulator."
 
  Note: Authority cited: Sections 25141, 25150, 25201, 25214.6,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.14. 
  
 



s 66273.15. Accumulation Time Limits.
 (a) A small quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of subsection (b) of this section are met.
(b) A small quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.
(c) A small quantity handler of universal waste who accumulates universal waste shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by:
(1) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;
(2) Marking or labeling each individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received;
(3) Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received;
(4) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;
(5) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or
(6) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.15. 
  
 



s 66273.16. Employee Training.
 A small quantity handler of universal waste shall inform all employees who handle or have responsibility for managing universal waste. The information shall describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.16. 
  
 



s 66273.17. Response to Releases.
 (a) A small quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A small quantity handler of universal waste shall determine whether any material resulting from the release is hazardous waste, and if so, shall manage the hazardous waste in compliance with all applicable requirements of this division. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with chapter 12.
(c) Waste consisting only of residues of leaking, broken, or otherwise damaged universal waste may be managed as universal waste provided that the leaking, broken, or otherwise damaged universal waste is repackaged according to the standards of section 66273.13.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.17. 
  
 



s 66273.18. Off-Site Shipments.
 (a) A small quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.
(b) If a small quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of article 4 of this chapter while transporting the universal waste.
(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 through 180, a small quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;
(d) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.
(e) If a small quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either:
(1) Receive the waste back when notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a destination facility to which the shipment will be sent.
(f) A small quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he shall contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler shall:
(1) Send the shipment back to the originating handler, or
(2) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.
(g) If a small quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify the Department of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The Department will provide instructions for managing the hazardous waste.
(h) If a small quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.18. 
  
 



s 66273.19. Tracking Universal Waste Shipments.
 (a) Receipt of shipments. A small quantity handler of universal waste shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received shall include the following information:
(1) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent;
(2) The quantity of each type of universal waste received (e.g., batteries, thermostats, lamps, mercury switches, etc.);
(3) The date of receipt of the shipment of universal waste.
(b) Shipments off-site. A small quantity handler of universal waste shall keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of universal waste sent shall include the following information:
(1) The name and address of the universal waste handler, destination facility, or foreign destination to whom the universal waste was sent;
(2) The quantity of each type of universal waste sent (e.g., batteries, thermostats, lamps, mercury switches, etc.);
(3) The date the shipment of universal waste left the facility.
(c) Record retention.
(1) A small quantity handler of universal waste shall retain the records described in subsection (a) of this section for at least three years from the date of receipt of a shipment of universal waste;
(2) A small quantity handler of universal waste shall retain the records described in subsection (b) of this section for at least three years from the date a shipment of universal waste left the facility.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1,  25219.2 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.39. 
  
 



s 66273.20. Exports.
 A small quantity handler of universal waste who sends universal waste, not including universal waste electronic devices, to a foreign destination other than to those OECD countries specified in section 66262.58(a)(1) (in which case the handler is subject to the requirements of article 8 of chapter 12) shall:
(a) Comply with the requirements applicable to a primary exporter in section 66262.53, 66262.56(a) (1) through (4), (6), and (b) and 66262.57;
(b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent as defined in article 5 of chapter 12; and
(c) Provide a copy of the EPA Acknowledgment of Consent for the shipment to the transporter transporting the shipment for export.
(d) A small quantity handler of universal waste who sends universal waste electronic devices to any foreign destination shall notify the Department and concurrently send a copy of that notification to the CUPA, or, if there is no CUPA, to the agency authorized pursuant to subdivision (f) of Health and Safety Code section 25404.3, of an intended export before such universal waste electronic device is scheduled to leave the United States. A completed notification shall be submitted four weeks before the initial shipment is intended to be shipped offsite. This notification shall cover export activities extending over a twelve (12) month or lesser period.
(e) The notification submitted pursuant to subsection (d) of this section shall be in writing, signed by the universal waste handler, and include the following information:
(1) name, mailing address, and telephone number of the universal waste handler;
(2) the foreign destination, for each type of universal waste electronic device:
(A) the amount of universal waste electronic devices (by count or by weight);
(B) the estimated frequency or rate at which the universal waste electronic device is to be exported and the period of time over which the universal waste electronic device is to be exported;
(C) all points of entry to and departure from each foreign country through which the universal waste electronic device will pass;
(D) a description of the means by which each shipment of universal waste electronic devices will be recycled at the foreign destination; and
(E) the name and site address of the consignee or any alternate consignee.
(f) Notifications submitted under subsection (d) of this section shall be sent to the following address by certified mail, return receipt requested: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: Notification to Export Universal Waste Electronic Devices" prominently displayed on the front of the envelope.
(g) A person who exports covered electronic wastes shall also comply with the applicable export requirements of Public Resources Code, division 30, part 3, chapter 8.5.
 
  Note: Authority cited: Sections 25141, 25150, 25150.2, 25150.6,  25201, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; Section 42476.5, Public Resources Code; and 40 CFR Section 273.20. 
  
 



s 66273.21. Accumulation of Mercury-Containing Universal Wastes Received from Other Universal Waste Handlers.
 (a) A small quantity handler of universal waste may accumulate the following universal wastes received from other handlers only at a location where accumulation of universal waste is consistent with local land use zoning or land use patterns:
(1) Mercury-containing motor vehicle switches (including, but not limited to M001 Wastes), and motor vehicles that contain such switches (M001 Wastes), as described in section 66273.7.1;
(2) Non-automotive mercury switches and products that contain such switches  (including, but not limited to, M002 Wastes), as described in section 66273.7.2;
(3) Dental amalgam wastes, as described in section 66273.7.3;
(4) Pressure or vacuum gauges, as described in section 66273.7.4;
(5) Mercury-added novelties (including, but not limited to, M004 Wastes), as described in section 66273.7.5;
(6) Mercury counterweights and dampers, as described in section 66273.7.6;
(7) Mercury thermometers, as described in section 66273.7.7;
(8) Mercury dilators and weighted tubing, as described in section 66273.7.8;
(9) Mercury containing rubber flooring, as described in section 66273.7.9; and
(10) Mercury gas flow regulators, as described in section 66273.10.
(b) A small quantity handler of universal waste who accumulates any of the universal wastes listed in subsection (a) received from other handlers shall:
(1) Comply with all applicable requirements for handlers of hazardous materials;
(2) Disclose that mercury is being handled in all applicable business and use permitting applications;
(3) Comply with the location standards in section 66265.18;
(4) Comply with the seismic precipitation design standards in section 66265.25;
(5) Accumulate universal wastes listed in subsection (a) only in areas that are zoned for commercial or industrial uses; and
(6) Accumulate universal wastes listed in subsection (a) in a location that does not pose site specific land use hazards or contain sensitive habitat area, based on a review of state and local planning documents and constraints mapping.
 
  Note: Authority cited: Sections 25141, 25150, 25214.6, 25219.1,  25219.2 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25212, 25214.6, 25219, 25219.1 and 25219.2, Health and Safety Code. 
  
 



s 66273.30. Applicability.
This article applies to large quantity handlers of universal waste (as defined in section 66273.9).
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.30. 
  
 



s 66273.31. Prohibitions.
 A large quantity handler of universal waste is:
(a) Prohibited from disposing of universal waste; and
(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in section 66273.37; or by managing specific wastes as provided in section 66273.33.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.31. 
  
 



s 66273.32. Notification.
 (a)(1) Except as provided in subsections (a)(2) and (3) of this section, a large quantity handler of universal waste shall have sent written notification of universal waste management to the Regional Administrator, and received an EPA Identification Number, before meeting or exceeding the 5,000 kilogram accumulation limit.
(2) A large quantity handler of universal waste who has already notified the U.S. EPA of his hazardous waste management activities and has received an EPA Identification Number is not required to renotify under this section.
(3) A large quantity handler of universal waste who would otherwise be required by subsection (a)(1) to notify the Regional Administrator and obtain an EPA Identification Number is not required to do so if the following conditions are met:
(A) the total quantity of all universal wastes handled other than universal waste electronic devices does not meet or exceed the 5,000 Kg accumulation limit, and
(B) the large quantity handler has submitted the applicable notifications specified in this Article, and
(C) the large quantity handler ensures that all universal waste electronic devices handled are managed and recycled in accordance with this Article.
(b) This notification shall include:
(1) The universal waste handler's name and mailing address;
(2) The name and business telephone number of the person at the universal waste handler's site who should be contacted regarding universal waste management activities;
(3) The address or physical location of the universal waste management activities;
(4) A list of all of the types of universal waste managed by the handler (e.g, batteries, thermostats, lamps);
(5) A statement indicating that the handler is accumulating more than 5,000 kilograms of universal waste at one time and the types of universal waste (e.g, batteries, thermostats, lamps) the handler is accumulating above this quantity.
 
  Note: Authority cited: Sections 25141, 25150, 25201, 25214.9,  25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 273.32. 
  

 



s 66273.33. Waste Management.
 (a) Universal Waste Batteries. A large quantity handler of universal waste shall manage universal waste batteries in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste shall contain any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the battery, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may conduct the following activities as long as the casing of each individual battery cell is not breached and remains intact and closed (except that cells may be opened to remove electrolyte but shall be immediately closed after removal):
(A) Sorting batteries by type;
(B) Mixing battery types in one container;
(C) Discharging batteries so as to remove the electric charge;
(D) Regenerating used batteries;
(E) Disassembling batteries or battery packs into individual batteries or cells;
(F) Removing batteries from consumer products; or
(G) Removing electrolyte from batteries.
(3) A large quantity handler of universal waste who removes electrolyte from batteries, or who generates other solid waste (e.g., battery pack materials, discarded consumer products) as a result of the activities listed above, shall determine whether the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste identified in article 3 of chapter 11.
(A) If the electrolyte and/or other solid waste exhibit a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the hazardous electrolyte and/or other waste and is subject to chapter 12.
(B) If the electrolyte or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(b) Universal Waste Thermostats. A large quantity handler of universal waste shall manage universal waste thermostats in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste shall contain any universal waste thermostat that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a container. The container shall be closed, structurally sound, compatible with the contents of the thermostat, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste may remove mercury- containing ampules from universal waste thermostats provided the handler:
(A) Removes the ampules in a manner designed to prevent breakage of the ampules;
(B) Removes ampules only over or in a containment device (e.g., tray or pan sufficient to contain any mercury released from an ampule in case of breakage);
(C) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules, from the containment device to a container that meets the requirements of section 66262.34;
(D) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of section 66262.34;
(E) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA and CalOSHA exposure levels for mercury;
(F) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;
(G) Stores removed ampules in closed, non-leaking containers that are in good condition;
(H) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; and
(3)(A) A large quantity handler of universal waste who removes mercury-containing ampules from thermostats shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other solid waste generated as a result of the removal of mercury-containing ampules (e.g., remaining thermostat units).
(B) If the mercury, residues, and/or other solid waste exhibit a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other waste and is subject to chapter 12.
(C) If the mercury, residues, and/or other solid waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
(c) Universal Waste Lamps. A large quantity handler of universal waste shall manage lamps in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste shall contain any lamp in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the lamps. Such containers and packages shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste shall immediately clean up and place in a container any lamp that is broken and shall place in a container any lamp that shows evidence of breakage, leakage, or damage that could cause the release of mercury or other hazardous constituents to the environment. Containers shall be closed, structurally sound, compatible with the contents of the lamps and shall lack evidence of leakage, spillage or damage that could cause leakage or releases of mercury or other hazardous constituents to the environment under reasonably foreseeable conditions.
(3) A large quantity handler of universal waste may remove universal waste lamps from a product or structure, provided the handler removes the lamps in a manner designed to prevent breakage.
(d) Universal Waste Electronic Devices. A large quantity handler of universal waste shall manage universal waste electronic devices in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Containment:
(A) A large quantity handler of universal waste shall handle any universal waste electronic devices in a manner that minimizes breakage. If containers are used, such containers shall prevent leakage, spillage or damage that could reasonably be foreseen. Whole universal waste electronic devices that are managed in a manner (e.g., stored in a room) that prevents breakage of the device and release of hazardous components of the device (e.g, on a pallet) shall be considered to comply with this requirement.
(B) A large quantity handler of universal waste shall immediately clean up and place in a container any universal waste electronic device that is broken and may reasonably be expected to cause a release of hazardous constituents to the environment. Containers shall be structurally sound, compatible with the contents of the universal waste electronic devices and shall prevent releases of hazardous components to the environment under reasonably foreseeable conditions.
(2) Notification and Reporting Requirements:
(A) Notification: Any person who intends to handle any universal waste electronic devices from an offsite source after August 6, 2004 shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified below no later than 30 days prior to accepting any universal waste electronic devices. Large quantity handlers currently handling universal waste electronic devices from offsite sources shall submit this notification prior to July 7, 2004.
1. Name of handler;
2. Telephone number of handler;
3. Type of handler for purposes of Public Resources Code, division 30, part 3, chapter 8.5 (i.e., collector, recycler, or dual entity);
4. Mailing address of handler, and physical address, including county, if different from the mailing address;
5. Name of the contact person;
6. Telephone number of the contact person;
7. An e-mail address for the contact person or organization, if available;
8. The types of universal waste electronic devices expected to be handled;
9. The sources of universal waste electronic devices (i.e., residential collections, business asset recovery, other collectors, etc.).
(B) Annual Report. A large quantity handler of universal waste electronic devices that accepts more than 100 kilograms or 220 pounds of universal waste electronic devices from any offsite source shall, by February 1 of each calendar year, commencing February 1, 2005, submit a written or electronic report containing the information specified below to the Department. The information submitted under this subsection shall cover universal waste electronic device handling activities during the previous calendar year.
1. Name of handler;
2. Telephone number of handler;
3. Mailing address of handler, and physical address, including county, if different from the mailing address;
4. Name of the contact person;
5. Telephone number of the contact person;
6. An e-mail address for the contact person or organization, if available;
7. The types of universal waste electronic devices handled;
8. The total quantity of universal waste electronic devices (count or weight) handled during the previous calendar year;
9. A list including the names, addresses, and phone numbers of each location that the large quantity handler shipped universal waste electronic devices to during the previous year and the total quantity of universal waste electronic devices (count or weight) shipped to each location.
(C) Electronic notifications and reports submitted under subsection (A) and (B) shall be submitted to www.dtsc.ca.gov.
(D) Written notifications and reports submitted under subsection (A) and (B) shall be submitted to the Department by certified mail, return receipt requested to: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: UWED Handling Activities" prominently displayed on the front of the envelope.
(3) Large Quantity Handler Standards: A large quantity handler of universal waste electronic devices may treat or recycle the universal waste electronic devices (i.e., may conduct hazardous waste treatment) provided the handler complies with the applicable standards below:
(A) Notwithstanding subsections (B), (C), and (D) below, a large quantity handler of universal waste electronic devices may remove from the universal waste electronic devices any discrete assemblies which are typically removed during the normal operation of the universal waste electronic device, such as the removal and replacement of batteries or ink cartridges, provided the large quantity universal waste handler conducts the disassembly in the manner prescribed in the operating manual for the universal waste electronic device or that would otherwise be performed during the normal use of the universal waste electronic device.
(B) A large quantity handler of universal waste who recycles universal waste electronic devices by reclaiming components (e.g., circuit boards, integrated circuits, metals, plastic, wiring, batteries, lamps, etc.) from universal waste electronic devices through manual disassembly, dismantling, or otherwise manually segregating components from those devices for the purposes of directly reusing those components onsite without further processing, or sending those components offsite for direct reuse or further reclamation at another location shall comply with subsections (F)(1) through (F)(5) below.
(C) A large quantity handler of universal waste who recycles universal waste electronic devices (and their components) through the utilization of treatment processes other than manual disassembly for the purposes of directly reusing components onsite without further processing, sending components offsite for direct reuse, or sending components or treatment residuals offsite for further reclamation at another location, and whose recycling or treatment activities produces only hazardous residuals (including finely divided materials) that meet the definition of scrap metal in 66260.10, or which are otherwise exempt from full regulation as hazardous waste, shall comply with subsections (F)(1) through (F)(6) below.
(D) A large quantity handler of universal waste who recycles universal waste electronic devices (and their components) through the utilization of treatment processes other than manual disassembly for the purposes of directly reusing components onsite without further processing, sending components offsite for direct reuse, or sending components or treatment residuals offsite for further reclamation at another location, and whose recycling or treatment processes produce any residuals (including baghouse and filter dusts) which exhibit any hazardous waste characteristic defined in chapter 11 and do not meet the definition of scrap metal in section 66260.10 (e.g., because they are fine powders or are contaminated with fine powders), or do not qualify for management as universal waste under this chapter shall comply with subsections (F)(1) through (F)(7) below.
(E) A large quantity handler of universal waste electronic devices who conducts treatment or recycling activities as described in subsections (A) through (D) above shall not be deemed to be operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.
(F) A large quantity handler of universal waste electronic devices who conducts treatment or recycling activities as described in subsections (B) through (D) shall comply with the following waste management standards, as applicable:
1. Treatment/Recycling Notification and Reporting:
a. Any person who intends to conduct treatment activities as described in subsections (B), (C), or (D) above after August 6, 2004 shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified below no later than 30 days prior to treating or recycling any universal waste electronic devices. Large quantity handlers currently treating or recycling universal waste electronic devices shall submit this notification prior to July 7, 2004.
1. The large quantity universal waste electronic device handler's name and mailing address;
2. The name and business telephone number of the person at the large quantity universal waste electronic device handler's site who should be contacted regarding universal waste management activities;
3. The name, mailing address and telephone number of the owner of the facility;
4. A description of the type of universal waste electronic devices that will be treated;
5. A description of the treatment processes to be used;
6. Documentation that the facility operator has notified the facility property owner (if different from the operator of the facility) that the operator is conducting universal waste electronic device treatment or recycling operations at the facility.
b. A large quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall prepare and submit an annual report to the Department. The annual report shall be delivered by certified mail, return receipt requested, to the Department by February 1 of each calendar year. The report shall be dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for the previous calendar year:
1. The name, address, physical location and a description of the facility;
2. The mailing address of the business entity that owns and operates the facility;
3. The name, title and telephone number of the person at the facility who should be contacted regarding universal waste management activities at the facility;
4. The facility EPA Identification number, if required;
5. The number of days each facility operated;
6. The total quantity (count or weight) universal waste electronic devices  (with their respective types or categories) treated or recycled by the handler during the previous year;
7. The treatment or recycling method used for each universal waste electronic device treated by the facility;
8. The final destination of universal waste electronic devices recycled.
2. Containment of Residuals: A large quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall manage all materials produced from the treatment of universal waste electronic devices in a manner that prevents a release of any universal waste electronic devices or any components thereof, as follows:
a. A large quantity handler of universal waste electronic devices shall conduct activities over or in a containment device (e.g., a tray, a box, a workbench, a table, or an enclosed machine) sufficient in size and construction to contain any materials that may be released.
b. A large quantity handler of universal waste electronic devices shall contain any residuals produced from universal waste electronic devices in a manner that prevents releases of hazardous residuals to the environment under reasonably foreseeable conditions.
c. A large quantity handler of universal waste shall immediately clean up and place in a container any universal waste electronic device that is broken and may reasonably be expected to cause a release. Such containers shall be structurally sound, compatible with the contents of the universal waste electronic devices and shall prevent releases under reasonably foreseeable conditions.
3. Worker Safety:
a. A large quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall be thoroughly familiar with the associated hazards and have access to the proper procedures and protective equipment necessary to safely conduct the treatment and to comply with the requirements of this section;
b. A large quantity handler of universal waste electronic devices who conducts treatment activities shall ensure that the facility is operated in compliance with all applicable worker health and safety laws and regulations (i.e., California Code of Regulations, title 8).
4. Zoning: A large quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall ensure that the activities conducted at the facility are consistent with local zoning and land use requirements for that location.
5. Management of Residuals: A large quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (B), (C), or (D) above shall ensure that all materials produced as a result of the treatment processes are properly classified and managed in accordance with any applicable requirements of this division.
6. Management Standards Applicable to Large Quantity Handlers Identified in Subsections (C) and (D): A large quantity handler of universal waste electronic devices who conducts treatment activities as described in subsections (C) and (D) above shall:
a. Utilize only treatment methods that employ one or more of the following technologies:
1. Physical processes that change only the physical properties of the waste such as cutting, sawing, breaking, shredding, crushing, grinding, screening, sieving, acceleration, or compacting; and/or
2. Separation based on differences in physical properties such as size, color, density, or ferromagnetism.
3. If processes such as cutting, sawing, shredding, crushing, grinding, crushing, acceleration, or compacting are utilized, the handler shall ensure all mercury containing lamps and other components which contain fluids (i.e., liquids or gasses) that would be identified as hazardous waste are removed prior to processing.
4. A large quantity handler of universal waste electronic devices shall not process any universal waste electronic devices containing PCB ballasts, medical or biohazardous wastes, radioactive materials, reactive materials, or ignitable materials.
b. Ensure the treatment is conducted without the use or application of:
1. Chemicals, including water;
2. External heat.
c. Ensure that all hazardous wastes generated from treatment activities that are sent offsite for disposal are manifested in accordance with the applicable requirements of article 2 of chapter 12.
d. Ensure that all treatment residuals meeting the definition of scrap metal in section 66260.10 are recycled.
e. Not accept for treatment, any universal waste electronic devices that are managed, or are required to be managed, as hazardous waste under chapters 10 through 22 of this division unless authorized to do so under hazardous waste management permit or other grant of authorization.
f. Comply with the requirements of sections 66265.18 and 66265.25 of chapter 15 as those requirements apply to facility location and design standards.
g. Ensure that all treatment is conducted in compliance with all applicable local and state air pollution control laws and regulations.
h. Conduct treatment only for the purposes of recycling one or more types of universal waste electronic devices.
i. Maintain on file the documents specified in subparagraphs (i)(1) and (i)(2) at the facility by no later than 30 days prior to recycling or treating any universal waste electronic devices material. The handler shall make these documents available upon demand at the facility to any representative of the Department, the U. S. EPA or a local governmental agency having jurisdiction over the facility. A copy of these documents shall be delivered in person or by certified mail, return receipt requested, to the Department when requested in writing. The written request from the Department shall specify the documents that are required, where and how to submit those documents and the date by which those documents shall be submitted.
1. A copy of the most recent notifications and reports submitted as required by subsection (F)(1).
2. A copy of any local air district permit and other permits required for the facility.
j. No later than 30 days after ceasing treatment or recycling activities at the facility, a large quantity handler of universal waste electronic devices shall submit to the Department, by certified mail, with return receipt requested, a notification containing the following information:
1. The date of the last day on which the handler conducted treatment or recycling activities;
2. The date of the last day on which the handler conducted handling activities at the facility, if applicable; and
3. The date the large quantity handler closed or vacated the facility, if applicable.
7. Treatment Standards Applicable to Large Quantity Handlers Identified in Subsection (D). A large quantity handler of universal waste electronic devices who conducts treatment activities other than manual disassembly or dismantling treatment as described in subsection (D) above shall:
a. No later than 30 days prior to initially recycling or treating any universal waste electronic devices, prepare and submit to the Department, by certified mail, with return receipt requested, an estimate of the cost of facility closure prepared pursuant to section 66265.142. The large quantity handler shall evaluate the estimate annually and adjust it to reflect changes in closing cost as appropriate.
b. No later than 30 days prior to initially recycling or treating any universal waste electronic devices, submit to the Department, by certified mail, with return receipt requested, documentation demonstrating financial assurance for closure pursuant to section 66265.143.
c. No later than 30 days prior to initially recycling or treating any universal waste electronic devices, submit to the Department, by certified mail, with return receipt requested documentation demonstrating financial responsibility for liability pursuant to section 66265.147.
(e) Universal Waste Mercury Switches and Thermometers. A large quantity handler of universal waste shall manage universal waste mercury switches and thermometers in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste shall contain any universal waste mercury switch or thermometer that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions in a sealed plastic bag in a container. The container shall be closed, structurally sound, compatible with the contents of the switch or thermometer, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall contain packing materials adequate to prevent breakage of universal waste mercury switches and thermometers during storage, handling, and transportation.
(2) A large quantity handler of universal waste shall accumulate universal waste thermometers in closed, non-leaking containers that are in good condition and shall pack thermometers with packing materials adequate to prevent breakage during storage, handling, and transportation.
(3)(A) A large quantity handler of universal waste may remove mercury-containing motor vehicle switches from motor vehicles, and may remove non-automotive mercury switches from products that contain them, provided the handler:
1. Removes mercury switches in a manner designed to prevent breakage;
2. Ensures that a mercury clean-up system is readily available;
3. Immediately transfers any mercury resulting from spills or leaks from broken mercury switches to an airtight container that meets the requirements of paragraph (1) of this subsection;
4. Ensures that employees removing mercury switches are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of spilled mercury to appropriate containers;
5. Accumulates removed mercury switches in closed, non-leaking containers that are in good condition;
6. Packs removed mercury switches in the container with packing materials adequate to prevent breakage during storage, handling, and transportation; and
7. Keeps records, on paper or electronically, of the removal of mercury switches from vehicles and household appliances for at least three years from the date of removal, which shall include, at a minimum, the following information:
a. The total number of vehicles crushed, baled, sheared, or shredded;
b. The total number of appliances destined for shredding;
c. The total number of vehicles or appliances destined for crushing, baling, shearing, or shredding that were determined to contain one or more mercury switches;
d. The number of mercury switches removed from these vehicles and appliances; and
e. The number of motor vehicles from which mercury switches could not be removed due to accidental damage to the vehicle.
(B) On or after January 1, 2005, a large quantity universal waste handler who intends to crush, bale, shear, or shred a motor vehicle that contains mercury light switches, shall, prior to crushing, baling, shearing, or shredding the vehicle, remove all mercury-containing motor vehicle light switches (except switches that cannot be removed due to accidental damage to the vehicle) or ensure that all mercury-containing motor vehicle light switches have already been removed.
(4)(A) A large quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks from a mercury switch or thermometer; and/or
2. Other wastes generated as a result of the handling of universal waste mercury switches and/or thermometers.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(f) Universal Waste Dental Amalgam. A large quantity handler of universal waste shall manage universal waste dental amalgam in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste shall place amalgam scraps, amalgam fines, single-use amalgam traps and filters, and extracted teeth with amalgam restorations in airtight containers. The containers shall be kept closed, except when universal waste dental amalgam is being added.
(2) A large quantity handler of universal waste shall not rinse amalgam traps or filters into a sink.
(3) A large quantity handler of universal waste shall not place universal waste dental amalgam into medical waste containers.
(g) Universal Waste Gauges. A large quantity handler of universal waste shall manage universal waste gauges in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1)(A) All openings through which mercury could escape shall be securely closed with appropriately sized stoppers or other closures that are compatible with the contents of the device.
(B) Each universal waste gauge shall be sealed in a plastic bag. Plastic bags containing universal waste gauges shall be placed into a container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the gauge. The container or package shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. The container shall contain packing materials adequate to prevent breakage during storage, handling, and transportation.
(C) A mercury clean-up system shall be readily available to immediately transfer any mercury resulting from spills or leaks from universal waste gauges to an airtight container that meets the requirements of paragraph (2) of this subsection.
(D) Universal waste gauges shall be kept upright at all times during handling, accumulation, and transportation.
(2) A large quantity handler of universal waste may drain elemental mercury from pressure or vacuum gauges generated by that handler, at the site where the gauges were generated, provided the handler:
(A) Ensures that the universal waste pressure or vacuum gauges are drained over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from a device in case of breakage or spill);
(B) Ensures that the draining operations are performed safely by developing and implementing a written procedure detailing how to safely drain the universal waste pressure or vacuum gauges. This procedure shall include: the type of equipment to be used to drain the universal waste pressure or vacuum gauges safely, operation and maintenance of the equipment, appropriate personal protective equipment, segregation of incompatible wastes, proper waste management practices, spill response procedures, and waste characterization;
(C) Ensures that a spill clean-up kit is readily available to immediately clean up spills or leaks of the contents of the universal waste pressure or vacuum gauge that may occur during the mercury draining operation;
(D) Immediately transfers the drained elemental mercury to a container. The container shall be closed, structurally sound, compatible with elemental mercury, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;
(E) Ensures that employees are thoroughly familiar with the procedure for draining universal waste pressure or vacuum gauges, and proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;
(F) Stores the drained elemental mercury in a closed, non-leaking container that is in good condition and meets the requirements of subparagraph (D);
(G) Ensures that any container into which mercury from a universal waste pressure or vacuum gauge is drained or in which drained mercury is stored is placed into a secondary container that is in good condition, compatible with mercury, and large enough to accommodate the contents of the primary container if it should leak or break;
(H) Maintains documentation of the date of accumulation, a description of the pressure or vacuum gauges drained, and the amount of mercury drained; and
(I) Accumulates no more than 35 kilograms of elemental mercury at any one time.
(3)(A) A large quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Whole or partial universal waste gauges from which mercury has been drained;
2. Mercury or clean-up residues resulting from spills or leaks;
3. Other wastes generated as a result of the handling of universal waste gauges.
(B) If a whole or partial universal waste gauge from which mercury has been drained exhibits a characteristic of hazardous waste, it shall be managed in compliance with all applicable requirements of this chapter.
(C) If the mercury or clean-up residues resulting from spills or leaks, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(D) If the drained gauge, mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(h) Universal Waste Novelties. A large quantity handler of universal waste shall manage universal waste novelties in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Universal waste novelties whose only mercury is contained in a button cell or other mercury-containing battery shall be managed in accordance with the requirements for universal waste batteries, pursuant to subsection (a) of this section.
(A) If they are removable, a large quantity handler of universal waste may remove mercury-containing batteries from a universal waste novelty.
(B) If, after removal of all mercury-containing batteries, a universal waste novelty contains no other mercury and does not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11; the novelty may be managed as non-hazardous waste.
(C) Batteries removed from universal waste novelties may be managed as universal waste batteries, pursuant to subsection (a) of this section.
(2) Universal waste novelties that are painted with mercury-containing paint shall be accumulated in an airtight container. The container shall be closed, structurally sound, compatible with the novelty, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(3) Universal waste novelties that contain liquid mercury shall be managed as follows:
(A) Universal waste novelties that contain liquid mercury shall be packed in an airtight container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed, structurally sound, compatible with the novelty, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions;
(B) A mercury clean-up system shall be readily available; and
(C) Any universal waste novelty containing liquid mercury that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions shall be placed in an airtight container. The container shall meet the requirements of subparagraph (A) of this paragraph.
(4) Universal waste novelties whose only mercury is contained in a mercury switch or switches shall be managed in accordance with the requirements for universal waste switches and thermometers, pursuant to subsection (d) of this section.
(A) If they are removable, a large quantity handler of universal waste may remove mercury switches from a universal waste novelty.
(B) If, after removal of all mercury switches, a universal waste novelty contains no other mercury and does not exhibit a characteristic of a hazardous waste as set forth in article 3 of chapter 11; the novelty may be managed as non-hazardous waste.
(C) Switches removed from universal waste novelties may be managed as universal waste switches and thermometers, pursuant to subsection (d) of this section.
(5)(A) A large quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other wastes generated as a result of the handling of novelties that contain liquid mercury.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(i) Universal Waste Counterweights and Dampers. A large quantity handler of universal waste shall manage universal waste counterweights and dampers in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Prior to shipping universal waste counterweights and dampers to a recycler, a large quantity handler of universal waste shall pack universal waste counterweights and dampers in a container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed, structurally sound, compatible with the contents of the counterweight or damper, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste shall place any universal waste counterweight or damper that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions into a sealed plastic bag in an airtight container. The container shall be closed, structurally sound, compatible with the contents of the counterweight or damper, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(3) A large quantity handler of universal waste shall ensure that a mercury clean-up system is readily available;
(4)(A) A large quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other wastes generated as a result of the handling of universal waste counterweights and dampers.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other waste and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(j) Universal Waste Dilators and Weighted Tubing. A large quantity handler of universal waste shall manage universal waste dilators and weighted tubing in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Prior to shipping universal waste dilators and weighted tubing a large quantity handler of universal waste shall pack universal waste dilators and weighted tubing in a container, with packing materials adequate to prevent breakage during storage, handling, and transportation. The container shall be closed, structurally sound, compatible with the contents of the dilators and weighted tubing, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(2) A large quantity handler of universal waste shall place any universal waste dilators and weighted tubing that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions into a sealed plastic bag in an airtight container. The container shall be closed, structurally sound, compatible with the contents of the dilators and weighted tubing, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.
(3) A large quantity handler of universal waste shall ensure that a mercury clean-up system is readily available.
(4)(A) A large quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and/or
2. Other wastes generated as a result of the handling of universal waste dilators and weighted tubing.
(B) If the mercury, residues, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
(k) Universal Waste Rubber Flooring. A large quantity handler of universal waste shall manage universal waste rubber flooring in a way that prevents releases of any universal waste or component of a universal waste to the environment.
(l) Universal Waste Gas Flow Regulators. A large quantity handler of universal waste shall manage universal waste gas flow regulators in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) A large quantity handler of universal waste shall ensure that universal waste gas flow regulators are kept upright at all times during accumulation and transportation.
(2) A large quantity handler of universal waste shall place each regulator into an airtight container or package that is structurally sound, adequate to prevent breakage, and compatible with the contents of the regulator. The container or package shall remain closed and shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions.
(3) A large quantity handler of universal waste shall ensure that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from universal waste gas flow regulators to an airtight container that meets the requirements of paragraph (2) of this subsection.
(4)(A) A large quantity handler of universal waste shall determine whether the following exhibit a characteristic of hazardous waste identified in article 3 of chapter 11:
1. Mercury or clean-up residues resulting from spills or leaks; and
2. Other wastes generated as a result of the handling of universal waste gas flow regulators.
(B) If the mercury or clean-up residues resulting from spills or leaks, and/or other wastes exhibit a characteristic of hazardous waste, the wastes shall be managed in compliance with all applicable requirements of this division. The handler is considered the generator of the mercury, residues, and/or other wastes and shall manage them pursuant to chapter 12.
(C) If the mercury, residues, and/or other wastes are not hazardous, the handler may manage the wastes in any way that complies with all applicable federal, state or local solid waste regulations.
 
  Note: Authority cited: Sections 25141, 25150, 25201, 25214.6,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.33. 
  
 



s 66273.34. Labeling/Marking.
 A large quantity handler of universal waste shall label or mark the universal waste to identify the type of universal waste as specified below:
(a) Universal waste batteries (i.e., each battery), or a container or tank in which the batteries are contained, shall be labeled or marked clearly with the any one of the following phrases: "Universal Waste -Battery(ies)," or "Waste Battery(ies)," or "Used Battery(ies);"
(b) Universal waste thermostats (i.e., each thermostat), or a container or tank in which the thermostats are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Mercury Thermostat(s)," or "Waste Mercury Thermostat(s)," or "Used Mercury Thermostat(s)."
(c) Each lamp or a container or package in which such lamps are contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Lamp(s)," or "Waste Lamp(s)," or "Used Lamp(s)."
(d) Each universal waste electronic device or container or pallet in or on which universal waste electronic devices are contained, including containers or pallets that also contain devices that are not waste, shall be labeled or marked clearly with one of the following phrases: "Universal Waste -Electronic Device(s)" or "UW -Electronic Device(s)."
(1) In lieu of labeling individual universal waste electronic devices or containers or pallets, a large quantity handler may accumulate universal waste electronic devices within a designated area demarcated by boundaries that are clearly labeled with one of the following phrases: "Universal Waste Electronic Device(s)" or "UW Electronic Device(s)."
(e) Universal waste mercury switches and thermometers or a container in which the switches are contained, shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Mercury Switch(es)," or "Waste Mercury Switch(es)," or "Used Mercury Switch(es);"
(f) Dental amalgam. A container in which universal waste dental amalgam is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Dental Amalgam," or "Waste Dental Amalgam" or "Scrap Dental Amalgam;"
(g) Pressure or vacuum gauges.
(1) A container in which universal waste gauges are contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste - Gauge(s)," or "Waste Mercury Gauge(s)" or "Used Mercury Gauge(s);"
(2) A container in which mercury drained from one or more universal waste pressure or vacuum gauges is contained shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste -Drained Mercury," or "Universal Waste -Mercury from Gauges;"
(h) Universal waste novelties or a container in which the novelties are contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Novelty(ies)," or "Waste Mercury Novelty(ies)" or "Used Mercury Novelty(ies);"
(i) Universal waste counterweights and dampers, a product that contains one or more counterweights and/or dampers, or a container in which the counterweights and/or dampers are contained, shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste -Counterweight(s)," or "Universal Waste -Damper(s);" "Waste Mercury Counterweight(s)" or "Waste Mercury Damper(s);" "Used Mercury Counterweight(s)," or "Used Mercury Damper(s);"
(j) Universal waste dilators and weighted tubing or a container in which the dilators and weighted tubing are contained shall be labeled or marked clearly with any one of the following phrases, as appropriate: "Universal Waste - Dilator(s)," "Waste Mercury Dilator(s)" "Used Mercury Dilator(s)," "Universal Waste -Mercury-Weighted Tubing," "Waste Mercury-Weighted Tubing," or "Used Mercury-Weighted Tubing;"
(k) Universal waste rubber flooring or a container in which the flooring is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Rubber Flooring," or "Waste Mercury-Containing Flooring" or "Used Mercury-Containing Flooring;"
(l) Gas flow regulators. A waste gas meter that contains a mercury gas flow regulator or a container in which a universal waste gas flow regulator is contained shall be labeled or marked clearly with any one of the following phrases: "Universal Waste -Gas Flow Regulator," or "Waste Mercury Gas Flow Regulator" or "Used Mercury Gas Flow Regulator."
 
  Note: Authority cited: Sections 25141, 25150, 25201, 25214.6,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25212, 25214.6, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.34. 
  
 



s 66273.35. Accumulation Time Limits.
 (a) A large quantity handler of universal waste may accumulate universal waste for no longer than one year from the date the universal waste is generated, or received from another handler, unless the requirements of subsection (b) of this section are met.
(b) A large quantity handler of universal waste may accumulate universal waste for longer than one year from the date the universal waste is generated, or received from another handler, if such activity is solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal. However, the handler bears the burden of proving that such activity was solely for the purpose of accumulation of such quantities of universal waste as necessary to facilitate proper recovery, treatment, or disposal.
(c) A large quantity handler of universal waste shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it becomes a waste or is received. The handler may make this demonstration by:
(1) Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;
(2) Marking or labeling the individual item of universal waste (e.g., each battery or thermostat) with the date it became a waste or was received;
(3) Maintaining an inventory system on-site that identifies the date the universal waste being accumulated became a waste or was received;
(4) Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;
(5) Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or
(6) Any other method which clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.35. 
  
 



s 66273.36. Employee Training.
 A large quantity handler of universal waste shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relative to their responsibilities during normal facility operations and emergencies.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.36. 
  
 



s 66273.37. Response to Releases.
 (a) A large quantity handler of universal waste shall immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A large quantity handler of universal waste shall determine whether any material resulting from the release is hazardous waste, and if so, shall manage the hazardous waste in compliance with all applicable requirements of this division. The handler is considered the generator of the material resulting from the release, and is subject to chapter 12.
(c) Waste consisting only of residues of leaking, broken, or otherwise damaged universal waste may be managed as universal waste provided that the leaking, broken, or otherwise damaged universal waste is repackaged according to the standards of section 66273.33.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.37. 
  
 



s 66273.38. Off-Site Shipments.
 (a) A large quantity handler of universal waste is prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.
(b) If a large quantity handler of universal waste self-transports universal waste off-site, the handler becomes a universal waste transporter for those self-transportation activities and shall comply with the transporter requirements of article 4 of this chapter while transporting the universal waste.
(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR parts 171 through 180, a large quantity handler of universal waste shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;
(d) Prior to sending a shipment of universal waste to another universal waste handler, the originating handler shall ensure that the receiving handler agrees to receive the shipment.
(e) If a large quantity handler of universal waste sends a shipment of universal waste to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either:
(1) Receive the waste back when notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a destination facility to which the shipment will be sent.
(f) A large quantity handler of universal waste may reject a shipment containing universal waste, or a portion of a shipment containing universal waste that he has received from another handler. If a handler rejects a shipment or a portion of a shipment, he shall contact the originating handler to notify him of the rejection and to discuss reshipment of the load. The handler shall:
(1) Send the shipment back to the originating handler, or
(2) If agreed to by both the originating and receiving handler, send the shipment to a destination facility.
(g) If a large quantity handler of universal waste receives a shipment containing hazardous waste that is not a universal waste, the handler shall immediately notify the Department of the illegal shipment, and provide the name, address, and phone number of the originating shipper. The Department will provide instructions for managing the hazardous waste.
(h) If a large quantity handler of universal waste receives a shipment of non-hazardous, non-universal waste, the handler may manage the waste in any way that is in compliance with applicable federal, state or local solid waste regulations.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1,  25219.2 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.38. 
  
 



s 66273.39. Tracking Universal Waste Shipments.
 (a) Receipt of shipments. A large quantity handler of universal waste shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received shall include the following information:
(1) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent;
(2) The quantity of each type of universal waste received (e.g., batteries, thermostats, lamps);
(3) The date of receipt of the shipment of universal waste.
(b) Shipments off-site. A large quantity handler of universal waste shall keep a record of each shipment of universal waste sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of universal waste sent shall include the following information:
(1) The name and address of the universal waste handler, destination facility, or foreign destination to whom the universal waste was sent;
(2) The quantity of each type of universal waste sent (e.g., batteries, thermostats, lamps);
(3) The date the shipment of universal waste left the facility.
(c) Record retention.
(1) A large quantity handler of universal waste shall retain the records described in subsection (a) of this section for at least three years from the date of receipt of a shipment of universal waste.
(2) A large quantity handler of universal waste shall retain the records described in subsection (b) of this section for at least three years from the date a shipment of universal waste left the facility.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1,  25219.2 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.39. 
  
 



s 66273.40. Exports.
 A large quantity handler of universal waste who sends universal waste, not including universal waste electronic devices, to a foreign destination other than to those OECD countries specified in section 66262.58(a)(1) (in which case the handler is subject to the requirements of article 8 of chapter 12) shall:
(a) Comply with the requirements applicable to a primary exporter in section 66262.53, 66262.56(a)(1) through (4), (6), and (b) and 66262.57;
(b) Export such universal waste only upon consent of the receiving country and in conformance with the EPA Acknowledgement of Consent as defined in article 5 of chapter 12; and
(c) Provide a copy of the EPA Acknowledgement of Consent for the shipment to the transporter transporting the shipment for export.
(d) A large quantity handler of universal waste who sends universal waste electronic devices to any foreign destination shall notify the Department and concurrently send a copy of that notification to the CUPA, or, if there is no CUPA, to the agency authorized pursuant to subdivision (f) of Health and Safety Code section 25404.3, of an intended export before such universal waste electronic device is scheduled to leave the United States. A completed notification shall be submitted four weeks before the initial shipment is intended to be shipped offsite. This notification shall cover export activities extending over a twelve (12) month or lesser period.
(e) The notification submitted pursuant to subsection (d) of this section shall be in writing, signed by the universal waste handler, and include the following information:
(1) name, mailing address, and telephone number of the universal waste handler;
(2) the foreign destination, for each type of universal waste electronic device:
(A) the amount of universal waste electronic devices (by count or by weight);
(B) the estimated frequency or rate at which the universal waste electronic device is to be exported and the period of time over which the universal waste electronic device is to be exported;
(C) all points of entry to and departure from each foreign country through which the universal waste electronic device will pass;
(D) a description of the means by which each shipment of universal waste electronic devices will be recycled at the foreign destination; and
(E) the name and site address of the consignee or any alternate consignee.
(f) Notifications submitted under subsection (d) of this section shall be sent to the following address by certified mail, return receipt requested: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: Notification to Export Universal Waste Electronic Devices" prominently displayed on the front of the envelope.
(g) A person who exports covered electronic wastes shall also comply with the applicable export requirements of Public Resources Code, division 30, part 3, chapter 8.5.
 
  Note: Authority cited: Sections 25141, 25150, 25150.2, 25150.6,  25201, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; Section 42476.5, Public Resources Code; and 40 CFR Section 273.40. 
  
 



s 66273.41. Accumulation of Mercury-Containing Universal Wastes Received from Other Universal Waste Handlers.
 (a) A large quantity handler of universal waste may accumulate the following universal wastes received from other handlers only at a location where accumulation of universal waste is consistent with local land use zoning or land use patterns:
(1) Mercury-containing motor vehicle switches (including, but not limited to M001 Wastes), and motor vehicles that contain such switches (M001 Wastes), as described in section 66273.7.1;
(2) Non-automotive mercury switches and products that contain such switches  (including, but not limited to, M002 Wastes), as described in section 66273.7.2;
(3) Dental amalgam wastes, as described in section 66273.7.3;
(4) Pressure or vacuum gauges, as described in section 66273.7.4;
(5) Mercury-added novelties (including, but not limited to, M004 Wastes), as described in section 66273.7.5;
(6) Mercury counterweights and dampers, as described in section 66273.7.6;
(7) Mercury thermometers, as described in section 66273.7.7;
(8) Mercury dilators and weighted tubing, as described in section 66273.7.8;
(9) Mercury containing rubber flooring, as described in section 66273.7.9; and
(10) Mercury gas flow regulators, as described in section 66273.10.
(b) A large quantity handler of universal waste who accumulates any of the universal wastes listed in subsection (a) received from other handlers shall:
(1) Comply with all applicable requirements for handlers of hazardous materials;
(2) Disclose that mercury is being handled in all applicable business and use permitting applications;
(3) Comply with the location standards in section 66265.18;
(4) Comply with the seismic precipitation design standards in section 66265.25;
(5) Accumulate universal wastes listed in subsection (a) only in areas that are zoned for commercial or industrial uses; and
(6) Accumulate universal wastes listed in subsection (a) in a location that does not pose site specific land use hazards or contain sensitive habitat area, based on a review of state and local planning documents and constraints mapping.
 
  Note: Authority cited: Sections 25141, 25150, 25214.6, 25219.1,  25219.2 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25212, 25214.6, 25219, 25219.1 and 25219.2, Health and Safety Code. 
  
 



s 66273.50. Applicability.
This article applies to universal waste transporters (as defined in section 66273.9).
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.50. 
  
 



s 66273.51. Prohibitions.
 A universal waste transporter is:
(a) Prohibited from disposing of universal waste;
(b) Prohibited from diluting or treating universal waste, except by responding to releases as provided in section 66273.54 and;
(c) Prohibited from transporting more than five CRTs and CRT devices at any one time unless the CRT materials are contained as described in subsection 66273.83(a)(1).
(d) Prohibited from transporting more than 100 kilograms or 220 pounds universal waste electronic devices at any one time unless the universal waste electronic devices are contained as described in subsection 66273.13(d)(1) or 66273.33(d)(1).
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 273.51. 
  
 



s 66273.52. Waste Management.
 (a) A universal waste transporter shall comply with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 for transport of any universal waste that meets the definition of hazardous material in 49 CFR 171.8. For purposes of the Department of Transportation regulations, a material is considered a hazardous waste if it is subject to the Hazardous Waste Manifest Requirements of the U.S. Environmental Protection Agency specified in 40 CFR part 262. Because universal waste does not require a hazardous waste manifest, it is not considered hazardous waste under the Department of Transportation regulations.
(b) Some universal waste materials are regulated by the Department of Transportation as hazardous materials because they meet the criteria for one or more hazard classes specified in 49 CFR 173.2. As universal waste shipments do not require a manifest under chapter 12 and are conditionally exempt from classification as a hazardous waste, they may not be described by the DOT proper shipping name "hazardous waste, ( l) or (s), n.o.s.", nor may the hazardous material's proper shipping name be modified by adding the word "waste".
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.52. 
  
 



s 66273.53. Storage Time Limits.
 (a) A universal waste transporter or a CRT material transporter may only store the universal waste or CRT materials at a universal waste transfer facility for ten days or less in an area zoned "industrial" and for six days or less in all other areas.
(b) If a universal waste transporter or a CRT material transporter stores universal waste or CRT material for more than ten days in an area zoned "industrial" or for more than six days in any other area, the transporter becomes a universal waste handler or a CRT material handler and shall comply with the applicable requirements of article 2 or 3 or 7 of this chapter while storing the universal waste.
 
  Note: Authority cited: Sections 25141, 25150, 25214.9, 25214.10.2,  25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 273.53. 
  
 



s 66273.54. Response to Releases.
 (a) A universal waste transporter shall immediately contain all releases of universal wastes and other residues from universal wastes.
(b) A universal waste transporter shall determine whether any material resulting from the release is hazardous waste, and if so, it is subject to all applicable requirements of this division. If the waste is determined to be a hazardous waste, the transporter is subject to chapter 12.
(c) Waste consisting only of residues of leaking, broken, or otherwise damaged universal waste may be managed as universal waste provided that the leaking, broken, or otherwise damaged universal waste is repackaged according to the standards of section 66273.13 or 66273.33.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.54. 
  
 



s 66273.55. Off-Site Shipments.
 (a) A universal waste transporter is prohibited from transporting the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.
(b) If the universal waste being shipped off-site meets the Department of Transportation's definition of hazardous materials under 49 CFR section 171.8, the shipment shall be properly described on a shipping paper in accordance with the applicable Department of Transportation regulations under 49 CFR part 172.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.55. 
  
 



s 66273.56. Exports.
 A universal waste transporter transporting a shipment of universal waste to a foreign destination other than to those OECD countries specified in section 66262.58(a)(1) (in which case the transporter is subject to the requirements of article 8 of chapter 12) may not accept a shipment if the transporter knows the shipment does not conform to the EPA Acknowledgment of Consent. In addition the transporter shall ensure that:
(a) A copy of the EPA Acknowledgment of Consent accompanies the shipment; and
(b) The shipment is delivered to the facility designated by the person initiating the shipment.
(c) A person who exports covered electronic wastes shall also comply with the applicable export requirements of Public Resources Code, division 30, part 3, chapter 8.5.
 
  Note: Authority cited: Sections 25141, 25150, 25150.2, 25150.6,  25201, 25214.9, 25214.10.2, 25219.1 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201, 25214.9, 25219, 25219.1 and 25219.2, Health and Safety Code; and 40 CFR Section 273.56. 
  
 



s 66273.60. Applicability.
 (a) The owner or operator of a destination facility (as defined in section 66273.9) is subject to all applicable requirements of chapters 14, 15, 16, 18, 20, and 22 of this chapter, and the notification requirement under Health and Safety Code section 25153.6.
(b) The owner or operator of a destination facility that recycles universal waste shall comply with the applicable provisions of chapter 14 or 15 and the applicable provisions of chapter 20.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.60. 
  
 



s 66273.61. Off-Site Shipments.
 (a) The owner or operator of a destination facility is prohibited from sending or taking universal waste to a place other than a universal waste handler, another destination facility or foreign destination.
(b) The owner or operator of a destination facility may reject a shipment containing universal waste, or a portion of a shipment containing universal waste. If the owner or operator of the destination facility rejects a shipment or a portion of a shipment, he shall contact the shipper to notify him of the rejection and to discuss reshipment of the load. The owner or operator of the destination facility shall:
(1) Send the shipment back to the original shipper, or
(2) If agreed to by both the shipper and the owner or operator of the destination facility, send the shipment to another destination facility.
(c) If the a owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility shall immediately notify the Department of the illegal shipment, and provide the name, address, and phone number of the shipper. The Department will provide instructions for managing the hazardous waste.
(d) If the owner or operator of a destination facility receives a shipment of non-hazardous, non-universal waste, the owner or operator may manage the waste in any way that is in compliance with applicable federal or state solid waste regulations.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.61. 
  
 



s 66273.62. Tracking Universal Waste Shipments.
 (a) The owner or operator of a destination facility shall keep a record of each shipment of universal waste received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of universal waste received shall include the following information:
(1) The name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent;
(2) The quantity of each type of universal waste received (e.g., batteries, thermostats, lamps);
(3) The date of receipt of the shipment of universal waste.
(b) The owner or operator of a destination facility shall retain the records described in subsection (a) of this section for at least three years from the date of receipt of a shipment of universal waste.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25219.1 and  58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.62. 
  
 



s 66273.70. Imports.
Persons managing universal waste that is imported from a foreign country into the United States are subject to the applicable requirements of this chapter, immediately after the waste enters the United States, as indicated in subsections (a) through (c) of this section:
(a) A universal waste transporter is subject to the universal waste transporter requirements of article 4.
(b) A universal waste handler is subject to the small or large quantity handler of universal waste requirements of article 2 or 3, as applicable.
(c) An owner or operator of a destination facility is subject to the destination facility requirements of article 5.
(d) Persons managing universal waste that is imported from an OECD country as specified in section 66262.58(a)(1) are subject to subsections (a) through (c) of this section, in addition to the requirements of article 8 of chapter 12.
 
  Note: Authority cited: Sections 25141, 25150, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25141, 25150, 25159.5, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 273.70. 
  
 



s 66273.80. Applicability.
This article applies to CRT material handlers (as defined in section 66273.9) except for households and conditionally exempt small quantity universal waste generators, as provided in section 66273.8.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.81. Prohibitions.
 A CRT material handler is:
(a) Prohibited from disposing of the CRT material; and
(b) Prohibited from diluting or treating the CRT material, unless the handler is responding to a release as provided in section 66273.87 or the handler is managing specific wastes as provided in section 66273.83.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.82. Notification and Reporting Requirements for CRT Material Handlers.
 (a) Notification: A CRT material handler who intends to handle any CRT materials from any offsite source shall notify the Department at least 30 days prior to accepting any CRT materials. This notification shall include the information specified below.
(1) Name of CRT material handler;
(2) Telephone number of CRT material handler;
(3) Type of handler for purposes of Public Resources Code, division 30, part 3, chapter 8.5 (collector, recycler, dual entity);
(4) Mailing address of CRT material handler, and physical address if different;
(5) Name of the contact person
(6) Telephone number of the contact person;
(7) An e-mail address of the contact person or organization, if available.
(8) The types of CRT materials expected to be handled;
(9) The sources of CRT materials (i.e., residential collections, business asset recovery, other collectors, etc.);
(b) Annual Report
(1) A CRT material handler that accepts five or less CRTs, five or less CRT devices, or 100 kilograms or less of CRT glass per calendar year from offsite sources is not required to submit an annual report to the Department for those universal waste handling activities.
(2) A CRT material handler that accepts more than five CRTs or more than five CRT devices or more than 100 kilograms of CRT glass per calendar year from any offsite source shall, by February 1 of each calendar year, submit a written annual report containing the information specified in subparagraph (4) to the Department. The information submitted under this subsection shall cover CRT material handling activities during the previous calendar year.
(3) A CRT material handler that generates 5,000 kilograms (about 200 CRTs) or more of CRT material (CRTs, CRT devices and CRT glass calculated collectively) per calendar year shall, by February 1 of each calendar year, submit a written annual report containing the information specified in subparagraph (4) to the Department. The information submitted under this subsection shall cover CRT material handling activities during the previous calendar year.
(4) This annual report shall include:
(A) The CRT material handler's name and mailing address;
(B) The name and business telephone number of the person at the CRT material handler's site who should be contacted regarding universal waste management activities;
(C) The address or physical location including the county of the CRT material management activities;
(D) The total quantity of CRTs (count), the total quantity of CRT devices  (count) and the total quantity of CRT glass (weight) handled during the previous year;
(E) A list including the names, addresses, and phone numbers of each location that the handler shipped CRTs to during the previous year and the total quantity of CRTs (count) shipped to each location;
(F) A list including the names, addresses, and phone numbers of each location that the handler shipped CRT devices to during the previous year and the total quantity of CRT devices (count) shipped to each location;
(G) A list including the names, addresses, and phone numbers of each location that the handler shipped CRT glass to during the previous year and the total quantity of CRT glass (weight) shipped to each location.
(c) Whenever necessary, handlers who use mass based inventory systems may convert mass data to count data through application of an appropriate conversion factor (e.g., 30 pounds per CRT) to fulfill this notification requirement. Handlers who perform data conversions shall indicate that the count data was derived from mass data and shall include the conversion factor(s) used in their notification.
(d) Written notifications and reports shall be submitted to the Department by certified mail, return receipt requested to: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: CRT Materials Handling Activities" prominently displayed on the front of the envelope.
(e) Electronic notifications submitted under this section shall be submitted to www.dtsc.ca.gov.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201, 25214.9. 25214.10.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code. 
  
 



s 66273.83. Waste Management.
 (a) Containment.
A CRT material handler shall manage CRT materials in a manner that prevents release of any CRT material or component of a CRT material to the environment, as follows:
(1) A CRT material handler shall contain any CRT materials in containers or packages that are structurally sound, adequate to prevent breakage, and compatible with the contents of the container (CRTs, CRT devices and CRT glass). Such containers and packages shall lack evidence of leakage, spillage or damage that could cause leakage under reasonably foreseeable conditions. A CRT material handler who manages whole CRT devices in a manner that prevents breakage of the CRT and release of CRT glass (e.g, shrink-wrapped on a pallet) shall be considered to comply with this requirement.
(2) A CRT material handler shall immediately clean up and place in a container any CRTs, CRT devices and CRT glass that is broken and shall place in a container any CRTs, CRT devices and CRT glass that shows evidence of breakage, leakage, or damage that could cause the release of lead or other hazardous constituents to the environment. Containers shall be structurally sound, and compatible with the contents of the container (CRTs, CRT devices and CRT glass) and shall lack evidence of leakage, spillage or damage that could cause the release of glass or other hazardous constituents to the environment under reasonably foreseeable conditions.
(b) CRT removal.
(1) A CRT material handler may remove CRTs from CRT devices provided the handler:
(A) Removes the CRTs in a manner designed to prevent breakage of the CRTs;
(B) Removes the CRTs only over or in a containment device (e.g., a tray, a box, or an enclosed machine) sufficient in size and construction to contain any CRT glass that may be released in the event of breakage;
(C) Ensures that persons removing CRTs are thoroughly familiar with the techniques and safety precautions required to safely remove CRTs (e.g., releasing the vacuum, discharging the tube);
(D) Packages the removed CRTs in a container with sufficient packing materials to prevent breakage during handling, storage and transportation.
(2) A CRT material handler who removes CRTs from CRT devices shall determine whether any of the remaining portion of the CRT device or any other waste generated during the removal process exhibits any characteristic of a hazardous waste identified in article 3 of chapter 11 and, if so, shall manage the hazardous waste in compliance with all applicable requirements of this division.
(c) Yoke removal.
A CRT material handler may treat or recycle CRTs (conduct yoke removal) provided the handler:
(1) Does not break the CRT glass.
(2)(A) Submits a notification to the Department pursuant to subparagraphs 1 and 2.
1. For a facility that treats or recycles CRT material by yoke removal, the CRT material handler at that facility shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 2 no later than 30 days prior to treating or recycling any CRT material.
2. This notification shall include:
a. The information specified in subsections 66273.82(b)(4)(A), (b)(4)(B), and  (b)(4)(C);
b. The name, mailing address and telephone number of the owner of the facility;
c. A description of the type of CRT material treated (CRTs or CRT devices);
d. A description of the treatment processes used;
e. Documentation that the facility operator has notified the facility property owner (if different from the operator of the facility) that the operator is conducting CRT waste treatment or recycling operations at the facility;
(B) Completes, signs and dates the notification required by this paragraph in accordance with the requirements of section 66270.11 as those requirements apply to permit applications;
(3) Maintains on file the documents specified in subparagraphs (3)(A) and  (3)(B) at the facility by no later than 30 days prior to recycling or treating any CRT material. The CRT material handler shall make these documents available upon demand at the facility to any representative of the Department, the U. S. EPA or a local governmental agency having jurisdiction over the facility. A copy of these documents shall be delivered in person or by certified mail, return receipt requested, to the Department when requested in writing. The written request from the Department shall specify the documents that are required, where and how to submit those documents and the date by which those documents shall be submitted.
(A) A copy of the most recent notification submitted as required by subsection  (c).
(B) A copy of any local air district permit and other permits required for the facility.
(4) Prepares and submits annual report to the Department. The annual report shall be delivered by certified mail, return receipt requested, to the Department by February 1 of each calendar year. The report shall be dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for each CRT material handler who treated CRT materials during the previous calendar year:
(A) The name, address, physical location and a description of the facility;
(B) The mailing address of the business entity that owns and operates the facility;
(C) The name, title and telephone number of the person at the facility who should be contacted regarding universal waste management activities at the facility;
(D) The facility EPA Identification number, if required;
(E) The number of days each facility operated;
(F) The total quantity (count or weight) of CRTs treated or recycled by the handler during the previous year;
(G) A list including the names, addresses, and phone numbers of each location to which the handler shipped CRTs and yokes to during the previous year and the total quantity of CRTs and yokes (weight) shipped to each location;
(H) The treatment or recycling method used for each CRT material treated by the facility;
(5) Does not accept any CRTs or CRT devices that are managed, or are required to be managed, as hazardous waste under chapters 10 through 22 of this division;
(6) Conducts the treatment for the purpose of recycling the CRTs or the CRT devices and the CRTs or CRT devices are transported to an authorized destination facility;
(7) Ensures all treatment is conducted over or in a containment device (e.g., a tray, box, workbench, table or enclosed machine) sufficient in size and construction to contain any CRT glass that may accidentally be released during yoke removal;
(8) Utilizes only treatment methods that employ mechanical removal of the yoke;
(9) Ensures the treatment is conducted without the use or application of heat or chemicals, including water;
(10) Ensures that all persons that perform treatment or recycling are thoroughly familiar with the associated hazards and have access to the proper procedures and protective equipment necessary to safely conduct the treatment and to comply with the requirements of this section;
(11) Ensures that the facility is operated in compliance with all applicable local and state air pollution control laws and regulations;
(12) Ensures that the facility is operated in compliance with all applicable worker health and safety laws and regulations [i.e., California Code of Regulations, title 8];
(13) Ensures that all materials generated as a result of the treatment processes are properly classified and managed in accordance with the applicable requirements of this division;
(14) Ensures that the activities conducted at the facility are consistent with local zoning or land use requirements for that site;
(15) Maintains compliance with the requirements of sections 66265.18 and 66265.25 of chapter 15 as those requirements apply to facility location and design standards.
(d) CRT material treatment and recycling.
A CRT material handler may treat or recycle CRTs, CRT devices or CRT glass provided the handler:
(1)(A) Submits notifications to the Department pursuant to subparagraphs 1 and 3.
1. For a facility that treats or recycles CRT material, the CRT material handler at that facility shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 2 no later than 30 days prior to treating or recycling any CRT material.
2. This notification shall include:
a. The information specified in subsections 66273.82(b)(4)(A), (b)(4)(B), and  (b)(4)(C);
b. The name, mailing address and telephone number of the owner of the facility;
c. A description of the type of CRT material treated;
d. A description of the treatment processes used;
e. Documentation that the facility operator has notified the facility property owner (if different from the operator of the facility) that the operator is conducting CRT waste treatment or recycling operations at the facility;
3. For a facility that treated or recycled CRT material pursuant to this subsection, the CRT material handler at that facility shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 4 no later than 30 days prior to ceasing treatment or recycling activities at the facility, and shall submit to the Department, by certified mail, with return receipt requested, a notification containing the information specified in subparagraph 5 no later than 30 days after ceasing treatment or recycling activities at the facility.
4. This notification shall include:
a. The date when the CRT material handler expects to complete CRT material treatment or recycling activities;
b. The date when the CRT material handler expects to complete CRT material handling activities at the facility, if applicable; and
c. The date when the CRT material handler expects to close or vacate the facility.
5. This notification shall include:
a. The date of the last day on which the CRT material handler conducted CRT material treatment or recycling activities;
b. The date of the last day on which the CRT material handler conducted CRT material handling activities at the facility, if applicable; and
c. The date the CRT material handler closed or vacated the facility.
(B) Completes, signs and dates each notification required by this paragraph in accordance with the requirements of section 66270.11 as those requirements apply to permit applications;
(2) Submits to the Department, by certified mail, with return receipt requested, a cost estimate for closure pursuant to section 66265.142 by no later than 30 days prior to recycling or treating any CRT material;
(3) Submits to the Department, by certified mail, with return receipt requested, documentation demonstrating financial assurance for closure pursuant to section 66265.143 no later than 30 days prior to recycling or treating any CRT material;
(4) Submits to the Department, by certified mail, with return receipt requested, documentation demonstrating financial responsibility for liability pursuant to section 66265.147 no later than 30 days prior to recycling or treating any CRT material;
(5) Maintains on file the documents specified in subparagraphs (5)(A) and(5)(B) at the facility by no later than 30 days prior to recycling or treating any CRT material. The CRT material handler shall make these documents available upon demand at the facility to any representative of the Department, the U. S. EPA or a local governmental agency having jurisdiction over the facility. A copy of these documents shall be delivered in person or by certified mail, return receipt requested, to the Department when requested in writing. The written request from the Department shall specify the documents that are required, where and how to submit those documents and the date by which those documents shall be submitted.
(A) A copy of the most recent notification submitted as required by subsection  (d).
(B) A copy of any local air district permit and other permits required for the facility.
(6) Prepares and submits an annual report to the Department. The annual report shall be delivered by certified mail, return receipt requested, to the Department by February 1 of each calendar year. The report shall be dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for each CRT material handler who treated CRT materials during the previous calendar year:
(A) The name, address, physical location and a description of the facility;
(B) The mailing address of the business entity that owns and operates the facility;
(C) The name, title and telephone number of the person at the facility who should be contacted regarding universal waste management activities at the facility;
(D) The facility EPA Identification number, if required;
(E) The number of days each facility operated;
(F) The total quantity (count or weight) of CRT devices treated or recycled by the handler during the previous year;
(G) The total quantity (count or weight) of CRTs treated or recycled by the handler during the previous year;
(H) A list including the names, addresses, and phone numbers of each location to which the handler shipped CRT glass to during the previous year and the total quantity of CRT glass (weight) shipped to each location;
(I) The treatment or recycling method used for each CRT material treated by the facility;
(7) Does not accept any CRTs, CRT devices or CRT glass that are managed, or are required to be managed, as hazardous waste under chapters 10 through 22 of this division;
(8) Conducts the treatment for the purpose of recycling one or more types of CRT glass and the CRT glass is reclaimed at a CRT glass manufacturer or at a primary or secondary lead smelter;
(9) Ensures all treatment is conducted over or in a containment device (e.g., a tray, box or enclosed machine) sufficient in size and construction to contain any CRT glass that may be released;
(10) Utilizes only treatment methods that employ one or more of the following technologies:
(A) physical processes that change only the physical properties of the waste such as cutting, sawing, breaking, shredding, crushing, or compacting; and/or
(B) separation based on differences in physical properties such as size, color, or density; and/or
(C) screening to separate components based on size;
(11) Ensures the treatment is conducted without the use or application of:
(A) chemicals, including water, other than recirculated coolant used in CRT cutting machines; or
(B) external heat, other than the use of a pinpoint torch to thermally check  (crack) the CRT glass for separation;
(12) Ensures that all persons that perform treatment or recycling are thoroughly familiar with the associated hazards and have access to the proper procedures and protective equipment necessary to safely conduct the treatment and to comply with the requirements of this section;
(13) Ensures that the facility is operated in compliance with all applicable local and state air pollution control laws and regulations.
(14) Ensures that the facility is operated in compliance with all applicable worker health and safety laws and regulations [i.e., California Code of Regulations, title 8, subchapter 7 (General Industry Safety Orders), group 16 (Control of Hazardous Substances), article 107 (Dusts, Fumes, Vapors and Mists) and article 109 (Hazardous Substances and Processes), and section 5198 (Lead)].
(15) Ensures that all materials generated as a result of the treatment processes are properly classified and managed in accordance with the applicable requirements of this division.
(16) Ensures that the activities conducted at the facility are consistent with local zoning or land use requirements for that site.
(17) Maintains compliance with the requirements of sections 66265.18 and 66265.25 of chapter 15 as those requirements apply to facility location and design standards.
(e) A handler that treats or recycles CRT materials pursuant to subsections (c) and (d) of this section shall not be deemed to be operating pursuant to a permit-by-rule, conditional authorization, or conditional exemption.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6, 25201,  25214.9, 25214.10.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code. 
  
 



s 66273.84. Labeling/Marking.
Each container or pallet in or on which CRTs, CRT devices or CRT glass are contained, including pallets that also contain items that are not waste, shall be labeled or marked clearly with one of the following phrases:
(a) For CRTs, "Universal Waste -CRT(s)" or "UW -CRT(s);"
(b) For CRT Devices, "Universal Waste -CRT Device(s)" or "UW -CRT Device(s);"
(c) For CRT Glass, "Universal Waste -CRT Glass" or "UW -CRT Glass."
(d) In lieu of labeling individual CRTs or CRT devices, a CRT material handler may accumulate CRTs and CRT devices within a designated area demarcated by boundaries that are clearly labeled as described above provided no other materials are stored within that area.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.85. Accumulation Time Limits.
 (a) A CRT material handler may accumulate CRT material for no longer than one year from the date the universal waste is generated, or received from another handler.
(b) A CRT material handler who accumulates CRT material shall be able to demonstrate the length of time that the universal waste has been accumulated from the date it became a waste or was received. The handler may make this demonstration by:
(1) Placing the CRT material in a container and marking or labeling the container with the earliest date that any CRT material in the container became a waste or was received;
(2) Marking or labeling each individual item of CRT material (e.g., each CRT or CRT device) with the date it became a waste or was received;
(3) Maintaining an inventory system on-site that identifies the date each CRT material became a waste or was received;
(4) Maintaining an inventory system on-site that identifies the earliest date that any CRT material in a group of CRT material items or a group of containers of CRT material became a waste or was received;
(5) Placing the CRT material in a specific accumulation area and identifying the earliest date that CRT material in the area became a waste or was received; or
(6) Any other method that clearly demonstrates the length of time that the CRT material has been accumulated from the date it became a waste or was received.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.86. Employee Training.
 (a) A CRT material handler shall inform all employees who handle or have responsibility for managing CRT material of the proper handling and emergency procedures appropriate for the waste handled at the facility.
(b) Employees who manage or handle waste CRT materials shall receive initial training on:
(1) the hazards associated with handling CRT materials (i.e., leaded glass);
(2) the requirements contained in this chapter; and
(3) the proper procedures for responding to and managing releases of CRT glass.
(c) Employees shall take part in an annual review of the initial training required in subsection (b) of this section.
(d) The CRT material handler shall maintain records of employee training received under subsection (b) of this section for at least three years from the date the employee last worked at the facility. Personnel training records may accompany personnel transferred within the same company.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.87. Response to Releases.
 (a) A CRT material handler shall immediately contain all releases of CRT material and residues from CRT material.
(b) A CRT material handler shall determine whether any material resulting from a release is hazardous waste and, if so, shall manage the hazardous waste in compliance with all applicable requirements of this division. The CRT material handler is considered the generator of material resulting from a release, and shall manage it in compliance with chapter 12.
(c) Waste consisting only of residues of leaking, broken, or otherwise damaged CRT material may be managed as universal waste provided that the leaking, broken, or otherwise damaged universal waste is repackaged according to the standards of section 66273.83.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.88. Off-Site Shipments.
 (a) A CRT material handler is prohibited from sending or taking CRT material to a place other than another CRT material handler, a destination facility, or a foreign destination.
(b) If a CRT material handler transports CRT material off-site, the handler is a universal waste transporter for those transportation activities and shall comply with the transporter requirements of article 4 of this chapter while transporting the CRT material.
(c) If a CRT material being offered for off-site transportation meets the definition of a hazardous material under 49 CFR parts 171 through 180, a CRT material handler shall package, label, mark and placard the shipment, and prepare the proper shipping papers in accordance with the applicable Department of Transportation regulations under 49 CFR parts 172 through 180;
(d) Prior to sending a shipment of CRT material to another CRT material handler, the originating handler shall obtain an agreement from the receiving handler that it will receive the shipment.
(e) If a CRT material handler sends a shipment of CRT material to another handler or to a destination facility and the shipment is rejected by the receiving handler or destination facility, the originating handler shall either:
(1) Receive the waste back when notified that the shipment has been rejected, or
(2) Agree with the receiving handler on a destination facility to which the shipment will be sent.
(f) A CRT material handler may reject a shipment containing CRT material, or a portion of a shipment containing CRT material that is received from another handler. If a handler rejects a shipment or a portion of a shipment, the handler shall contact and notify the originating handler of the rejection. The receiving handler shall:
(1) Send the shipment back to the originating handler, or
(2) Send the shipment to a destination facility (if agreed to by both the originating and receiving handler).
(g) If a CRT material handler receives a shipment of CRT material containing hazardous waste that is not a CRT material, the handler shall immediately notify the Department, in writing, of the shipment, and provide the name, address, and phone number of the originating shipper. The Department will provide instructions for managing the hazardous waste.
(h) If a CRT material handler receives a shipment of non-hazardous, non-universal waste, the handler shall manage the waste in compliance with applicable federal, state and local solid waste regulations.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code. 
  
 



s 66273.89. Tracking Universal Waste Shipments of CRT Materials.
 (a) Receipt of shipments.
A CRT material handler shall keep a record of each shipment of CRT materials received at the facility. The record may take the form of a log, invoice, manifest, bill of lading, or other shipping document. The record for each shipment of CRT material received shall include the following information:
(1) The name and address of the originating handler or foreign shipper;
(2) The quantity (count or weight) of each type of CRT material received (e.g., CRTs, CRT devices or CRT glass); and
(3) The date of receipt of the shipment.
(b) Shipments off-site.
 A CRT material handler shall keep a record of each shipment of CRT material sent from the handler to other facilities. The record may take the form of a log, invoice, manifest, bill of lading or other shipping document. The record for each shipment of CRT material sent shall include the following information:
(1) The name and address of the CRT material handler, destination facility, or foreign destination to whom the CRT material was sent;
(2) The quantity (count or weight) of each type of CRT material sent (e.g., CRTs, CRT devices, CRT glass);
(3) The date the shipment of CRT material left the facility.
(c) Record retention.
A CRT material handler shall retain the records described in this section for at least three years from the date of receipt or date of shipment of each shipment of CRT material.
 
  Note: Authority cited: Sections 25141, 25150, 25150.6 and 58012, Health and Safety Code. Reference: Sections 25141, 25150 and 25159.5, Health and Safety Code.. 
  
 



s 66273.90. Exports.
 (a) A CRT material handler who sends CRT material to any foreign destination shall concurrently notify the Department and send a copy of that notification to the CUPA, or, if there is no CUPA, to the agency authorized pursuant to subdivision (f) of Health and Safety Code section 25404.3, of an intended export before such CRT material is scheduled to leave the United States. A completed notification shall be submitted four weeks before the initial shipment is intended to be shipped offsite. This notification shall cover export activities extending over a twelve (12) month or lesser period.
(b) The notification submitted pursuant to subsection (a) shall be in writing, signed by the CRT material handler, and include the following information:
(1) name, mailing address, and telephone number of the CRT material handler;
(2) the foreign destination, for each type of CRT material (i.e., CRTs, CRT device, or CRT glass):
(A) the amount of CRT material (by count or by weight);
(B) the estimated frequency or rate at which the CRT material is to be exported and the period of time over which the CRT material is to be exported;
(C) all points of entry to and departure from each foreign country through which the CRT material will pass;
(D) a description of the means by which each shipment of CRT materials will be recycled at the foreign destination; and
(E) the name and site address of the consignee or any alternate consignee.
(c) Notifications submitted under this section shall be sent to the following address by certified mail, return receipt requested: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: Notification to Export CRT Materials" prominently displayed on the front of the envelope.
(d) A person who exports covered electronic wastes shall also comply with the applicable export requirements of Public Resources Code, division 30, part 3, chapter 8.5.
 
  Note: Authority cited: Sections 25141, 25150, 25150.2, 25150.6,  25201, 25214.9, 25214.10.2 and 58012, Health and Safety Code; and Sections 42475.1 and 42475.2, Public Resources Code. Reference: Sections 25141, 25150, 25159.5, 25201 and 25214.9, Health and Safety Code; and Section 42476.5, Public Resources Code.. 
  
 



s 66279.1. Definitions.
 (a) "Exempt used oil" means used oil, in liquid form, which does not require treatment to achieve the minimum standards of purity set forth in Health and Safety Code section 25250.1(a)(3)(B), and which meets all of the requirements of Health and Safety Code section 25250.1(b)(1). Only the generator of the used oil may claim it is exempt used oil. The generator shall comply with the notification, testing, certification and recordkeeping requirements of Health and Safety Code sections 25250.1(b)(2), 25250.18 and 25250.19.
(b) "Household do-it-yourselfer used oil" means oil that is derived from households, such as used oil generated by individuals who generate used oil through the maintenance of their personal vehicles. Household do-it-yourselfer used oil does not include used oil generated by service stations, lube oil shops, or similar businesses.
(c) "Recycled oil" means any oil, in liquid form, produced from used oil, which has been prepared for reuse, which achieves the minimum standards of purity set forth in Health and Safety Code sections 25250.1(a)(3)(B) and 25250.1(b)(1).
(d) "Synthetic oil" means oil derived from coal, oil shale, or polymers, and water-soluble petroleum-based oils. Vegetable or animal oil used as a lubricant, hydraulic fluid, heat transfer fluid or for other similar industrial purposes shall be managed as used oil if it is identified as a non-RCRA hazardous waste. Used vegetable or animal oil identified as RCRA hazardous waste is not used oil.
(e) "Used oil collection center" means:
(1) a used oil collection center defined in Public Resources Code section 48622; or
(2) a recycle-only household hazardous waste collection facility as defined in  Health and Safety Code section 25218.1(n); or
(3) a household hazardous waste collection facility as defined in Health and Safety Code section 25218.1(f) and operating pursuant to a permit by rule; or
(4) a collection facility operating pursuant to Health and Safety Code section 25250.11.
(f) "Used oil transfer facility" means a transfer facility as defined in subdivision (a) of Health and Safety Code section 25123.3 that either stores used oil for periods greater than six days, or greater than 10 days for transfer facilities in areas zoned industrial by the local planning agency, or that transfers used oil from one container to another. Used oil transfer facilities are not deemed to be generators of used oil.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25218.8, 25250.1 and 25250.11, Health and Safety Code; and 40 CFR Section 279.1. 
  
 



s 66279.10. Applicability.
 (a) Rebuttable presumption. Used oil containing more than 1,000 ppm total halogens is presumed to be a RCRA hazardous waste because it has been mixed with halogenated hazardous waste listed in Subpart D of Part 261, Title 40, Code of Federal Regulations (commencing with section 261.30).
(1) Generators of used oil shall determine whether used oil managed by them contains more than 1,000 ppm total halogens by:
(A) testing each shipment of used oil for total halogens as specified in section 66279.90(a); or,
(B) applying knowledge of the halogen content of the used oil in light of the materials or processes used. A generator who elects to apply knowledge in lieu of testing to determine if used oil exceeds 1,000 ppm total halogens shall do all of the following:
1. Determine the halogen content of the used oil due to the presence of halogenated substances in the unused product oil. This estimation shall be based upon a review of the product oil label, the material safety data sheet for the product oil if available, the manufacturer's specification for the product oil, consultation with the manufacturer of the product oil, or by other means verifiable by the Department.
2. Determine the halogen content of the used oil due to use. This estimation shall be based on an assessment of whether the equipment or process generating the used oil ordinarily results in the introduction of any halogenated substances into the used oil. Unusual occurrences such as, but not limited to, a break in the seal that ordinarily keeps the oil separated from halogenated substances also be taken into account in making this estimation.
3. Determine the halogen content of the used oil resulting from mixture of the used oil with halogenated substances. (Separate layers, abnormal viscosity, unusual colors, or unusual odors are indicators that mixing has occurred.) In making this determination, the possibility and likelihood that mixture of the used oil with halogenated substances has occurred shall be evaluated. This evaluation may include, but is not limited to, discussions with persons handling the used oil.
4. Add the individual halogen contents in subsections (a)(1)(B)1. through  (a)(1)(B)3. to determine if the total halogens in the used oil exceeds 1,000 ppm.
(2) Records of analyses conducted or information used to comply with subsections (a)(1)(A) or (B) above shall be maintained by the generator for at least three years.
(3) Transporters of used oil shall determine, prior to accepting used oil for transport and prior to placing used oil on or in the transport vehicle, whether the used oil contains more than 1,000 ppm total halogens by:
(A) testing each shipment of used oil for total halogens as specified in section 66279.90(a); or,
(B) applying knowledge of the halogen content of the used oil in light of the materials or processes used. A transporter of used oil who elects to apply knowledge in lieu of testing to determine if used oil exceeds 1,000 ppm total halogens may follow the procedures in subsection 66279.10(a)(1)(B) as they apply to generators, or obtain a written certification from each generator of the used oil stating that the generator has determined the used oil does not contain more than 1,000 ppm total halogens by testing the used oil for halogens as specified in subsection 66279.90(a), or by applying knowledge of the halogen content of the used oil, as specified in subsection 66279.10(a)(1)(B).
(4) Used oil transfer facilities shall determine, prior to accepting used oil, whether the used oil contains more than 1,000 ppm total halogens by testing each shipment of used oil for total halogens as specified in section 66279.90(a).
(5) Used oil recycling facilities shall determine, prior to accepting used oil, whether the used oil contains more than 1,000 ppm total halogens by testing each shipment of used oil for total halogens as specified in section 66279.90(a).
(6) Used oil collection centers shall determine whether each shipment of used oil prepared for off-site transport from the collection center location contains more than 1,000 ppm total halogens by testing the used oil for total halogens as specified in section 66279.90(a) or by applying knowledge of the halogen content of the used oil in light of the materials or processes used. An owner or operator of a used oil collection center who elects to apply knowledge in lieu of testing to determine if the used oil contains more than 1,000 ppm total halogens shall follow the procedures in subsection 66279.10(a)(1)(B) as they apply to generators, or obtain a written certification from each generator of the collected used oil stating that the generator has determined the used oil does not contain more than 1,000 ppm total halogens by testing the used oil for halogens as specified in subsection 66279.90(a), or by applying knowledge of the halogen content of the used oil, as specified in subsection 66279.10(a)(1)(B).
(b) Rebutting the rebuttable presumption. Persons may rebut the presumption that used oil containing more than 1,000 ppm total halogens is a hazardous waste because it has been mixed with halogenated hazardous waste in Subpart D of Part 261, Title 40, Code of Federal Regulations (commencing with section 261.30) by demonstrating through analytical testing or other means of demonstration that the used oil does not contain such hazardous waste.
(1) The rebuttable presumption is not rebutted if the used oil contains significant concentrations of any of the individual halogenated hazardous constituents listed as a hazardous spent solvent (i.e., EPA Hazardous Waste Numbers F001 or F002) in Appendix VIII of Part 261, Title 40, Code of Federal Regulations. A significant concentration of any individual halogenated constituent listed as a hazardous spent solvent (i.e., EPA Hazardous Waste Numbers F001 or F002) in section 261.31 of Title 40, Code of Federal Regulations is 100 ppm or greater.
(2) The rebuttable presumption is not rebutted if the used oil contains significant concentrations of any non-solvent individual halogenated hazardous constituents listed in Appendix VIII of Part 261, Title 40, Code of Federal Regulations. Unless the generator demonstrates to the Department that contamination of the used oil occurred solely as a result of use of the oil, Used oil containing any detectable concentrations of non-solvent individual halogenated hazardous constituents listed in Appendix VIII of Part 261, Title 40, Code of Federal Regulations, shall be deemed a significant concentration.
(3) The rebuttable presumption is rebutted if it is demonstrated that the used oil is metalworking oil/fluid containing chlorinated paraffins, if they are processed, through a tolling arrangement as described in Title 40, Code of Federal Regulations section 279.24(c), to reclaim metalworking oil/fluid. However, the rebuttable presumption is not rebutted if such metalworking oil/fluid is recycled in any other manner, is disposed, or has been mixed with other hazardous wastes, including used oil from other sources. Metalworking oil/fluid for which the rebuttable presumption is rebutted remains otherwise subject to regulation as used oil.
(4) The rebuttable presumption is rebutted if it is demonstrated that the used oil is contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. However, the rebuttable presumption is not rebutted if the used oil contaminated with CFCs is from sources other than refrigeration units or if the used oil contaminated with CFCs removed from refrigeration units has been  mixed with other hazardous wastes, including used oil from other sources. Used oil contaminated with CFCs for which the rebuttable presumption is rebutted remains otherwise subject to regulation as used oil.
(5) The rebuttable presumption is rebutted if it is demonstrated that the used oil is exclusively household do-it-yourselfer used oil or used oil collected from a conditionally exempt small quantity generator as defined in section 261.5(a) of Title 40, Code of Federal Regulations.
(A) If the used oil is not exclusively household do-it-yourselfer used oil or used oil collected from a conditionally exempt small quantity generator as defined in section 261.5(a) of Title 40, Code of Federal Regulations, but also contains used oil collected from other sources, then the rebuttable presumption is not rebutted unless it is demonstrated, by testing all sources of oil contained in the collected used oil for total halogens as specified in section 66279.90(a), that the source of the total halogens exceeding 1,000 ppm is solely from household do-it-yourselfer used oil or used oil collected from a conditionally exempt small quantity generator as defined in section 261.5(a) of Title 40, Code of Federal Regulations.
(c) Used oil shall not be intentionally mixed with other hazardous waste, including household hazardous waste and hazardous waste from a conditionally exempt small quantity generator as defined in section 261.5(a) of Title 40, Code of Federal Regulations.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25218, 25218.3, 25218.8, 25250.1, 25250.4 and 25250.7, Health and Safety Code; and 40 CFR Sections 279.1, 279.10(b)(ii), 279.11, 279.20, 279.21, 279.30, 279.40, 279.44 and 279.53. 
  
 
 



s 66279.20. Applicability.
 (a) Except as provided in subsection (b) of this section, the requirements of this article apply to all used oil generators. A used oil generator is any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.
(b) Individuals who generate household do-it-yourselfer used oil are not subject to regulation under this article.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25218.5, 25250.4, 25250.11 and 25250.15, Health and Safety Code; and 40 CFR 279.1, 40 CFR Part 279 Subpart C. 
  
 



s 66279.21. Used Oil Generators.
 (a) Generators of used oil shall comply with the requirements of chapter 12 of this division (commencing with Section 66262.10).
(b) Containers and aboveground tanks used to store used oil and fill pipes used to transfer used oil into underground storage tanks shall be marked or clearly labeled with the words "USED OIL."
 
  Note: Authority cited: Sections 25150, 25250.4, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25250.4, Health and Safety Code; and 40 CFR Part 279 Subpart C. 
  
 



s 66279.31. Used Oil Collection Centers.
 (a) Applicability. This section applies to owners or operators of used oil collection centers as defined in section 66279.1(e).
(b) Used oil collection center requirements. Owners or operators of used oil collection centers shall:
(1) Comply with the generator standards in article 3 of this chapter  (commencing with Section 66279.20).
(2) Obtain any registrations, licenses or permits required by law for the operation of the used oil collection center.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25250.4, 25218.8 and 25250.11, Health and Safety Code; and 40 CFR Part 279 Subpart D. 
  
 



 
 

 



 
 

 



 
 

 



 
 

 



 
 

 



s 66279.90. Testing for Total Halogens and Testing for Rebutting the Presumption That Used Oil Has Been Mixed with Hazardous Waste.
 (a) One or more of the following approved test methods in the United States Environmental Protection Agency "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846 [Third Edition, 1986 as amended by Update I (July, 1992), Update II (September, 1994), Update IIA (August, 1993), and Update IIB (January, 1995)] (SW-846) (incorporated by reference, see section 66260.11) shall be used to demonstrate that used oil does not contain above 1,000 ppm total halogens:
(1) Method 9075, Test Method for Total Chlorine in New and Used Petroleum Products by X-Ray Fluorescence Spectrometry (XRF).
(2) Method 9076, Test Method for Total Chlorine in New and Used Petroleum Products by Oxidative Combustion and Microcoulometry.
(3) Method 9077, Test Methods for Total Chlorine in New and Used Petroleum Products (Field Test Kit Methods). Method 9077 including the following:
Method A, Fixed End Point Test Kit Method
Method B, Reverse Titration Quantitative End Point Test Kit Method
Method C, Direct Titration Quantitative End Point Test Kit Method
(b) One or more of the following approved test methods in the United States Environmental Protection Agency "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication SW-846 [Third Edition, 1986 as amended by Update I (July, 1992), Update II (September, 1994), Update IIA (August, 1993), and Update IIB (January, 1995)] (SW-846) (incorporated by reference, see section 66260.11) shall be used for rebutting the rebuttable presumption in section 66279.10(b) when testing for any of the individual halogenated hazardous constituents listed as a hazardous spent solvent (i.e., EPA Hazardous Waste Numbers F001 or F002) in Appendix VIII of Part 261, Title 40, Code of Federal Regulations:
(1) Method 8010B, Halogenated Volatile Organics by Gas Chromatography.
(2) Method 8021A, Halogenated Volatiles by Gas Chromatography Using Photoionization and Electrolytic Conductivity Detectors in Series: Capillary Column Technique.
(3) Method 8240B, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS).
(4) Method 8260A, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS): Capillary Column Technique.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25250.1, 25250.4, 25250.18 and 25250.19, Health and Safety Code; and 40 CFR Part 279 Sections 279.10(b)(1)(ii), 279.11, 279.21(b), 279.44, 279.53, 279.72 and 279.74. 
  
 
 



s 66279.91. Recordkeeping Requirements for Total Halogens Testing and Rebutting the Presumption That Used Oil Has Been Mixed with Hazardous Waste.
 (a) Used oil recycling facilities and used oil transfer facilities shall maintain records of analyses conducted to meet the requirements of section 66279.10 for at least 3 years.
(b) Used oil generators, used oil transporters and used oil collection centers shall maintain records of analyses conducted or information used to meet the requirements of section 66279.10 for at least 3 years.
(c) In addition to the recordkeeping requirements of Health and Safety Code section 25250.1(b) and 25250.19(b), generators claiming that used oil is exempt used oil shall maintain records of analyses conducted or information used to meet the requirements of section 66279.10 for at least 3 years.
 
  Note: Authority cited: Sections 25150, 25159, 58004 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5, 25250.1, 25250.4, 25250.18 and 25250.19, Health and Safety Code; and 40 CFR Part 279 Sections 279.10(b)(1)(ii), 279.11, 279.21(b), 279.44, 279.53, 279.72 and 279.74. 
  
 
 



s 66300. Applicability.
 
  Note:    Authority cited: Sections 208, 25141, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25141, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66305. Classification of a Waste as Hazardous or Nonhazardous.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66310. Variances.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66315. Other Requirements.
 
 



s 66316. Application Procedures.
 
  Note:    Authority cited: Section 15376, Government Code; and Sections 5150 and 25165, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 25163 and 25200, Health and Safety Code. 
  
 



s 66316.1. Determination of Completeness.
 
  Note:    Authority cited: Sections 25150, 25159.5 and 25165, Health and Safety Code; and Section 15376, Government Code. Reference: Section 15376, Government Code; Section 124.3, Title 40, Code of Federal Regulations; and Sections 25159.5, 25163 and 25200, Health and Safety Code. 
  

 



s 66316.2. Notice to Applicant.
 
  Note:    Authority cited: Sections 25150, 25159.5 and 25165, Health and Safety Code; and Section 15376, Government Code. Reference: Section 15376, Government Code; and Sections 25163 and 25200, Health and Safety Code. 
  
 



s 66316.3. Application Time Periods for Processing a Permit Based on Actual Performance.
 
  Note:    Authority cited: Section 15376, Government Code; and Sections 5150 and 25165, Health and Safety Code. Reference: Section 15376, Government Code; and Sections 25163 and 25200, Health and Safety Code. 
  
 



s 66320. Enforcement.
 
 



s 66328. Inspections.
 
  Note:    Authority cited: Section 25191.7, Health and Safety Code. Reference: Section 25191.7, Health and Safety Code; and Sections 254 and 6255, Government Code. 
  
 



s 66336. Orders of the Director.
 
 



s 66344. Appeal.
 
 



s 66352. Records of Hearings.
 
 



s 66360. Delegation of Enforcement Authority.
 
 



s 66362. Rewards for Enforcements.
 
  Note:    Authority cited: Section 25191.7, Health and Safety Code. Reference: Section 25191.7, Health and Safety Code; and Sections 6254 and 6255, Government Code. 
  
 



s 66364. Award and Payment of Reward Claims.
 
  Note:    Authority cited: Section 25191.7, Health and Safety Code. Reference: Section 25191.7, Health and Safety Code. 
  
 



s 66370. Requirement for Hazardous Waste Facility Permit.
 
  Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66371. Scope of Permit Requirement.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150 and 25200.2, Health and Safety Code. 
  
 



s 66372. Application for a Permit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66373. Signatories to Permit Applications and Reports.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66374. Conditions Applicable to All Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66376. Establishing Permit Conditions.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66377. Duration of Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66378. Schedules of Compliance.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66379. Requirements for Recording and Reporting of Monitoring Results.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66381. Transfer of Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66382. Modification or Revocation and Reissuance of Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66383. Termination and Denial of Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66384. Procedures for Modification, Revocation and Reissuance, or Termination of Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66385. Minor Modifications of Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66387. Confidentiality of Information.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66388. Time Frames for Applications for a Permit.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66389. Interim Status.
 
  Note: Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66390. Contents of Part A of the Application.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66391. Contents of Part B of the Application.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference: Subsection(a) of Section 25150, Health and Safety Code. 
  
 



s 66392. Permits by Rule.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150 and 25200.2, Health and Safety Code. 
  
 



s 66393. Short-Term and Phased Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66393.1. Emergency Permits and Grants of Authorization to Handle, Treat, Store, Transport, or Dispose of Hazardous Waste.
 
  Note:    Authority cited: Section 25201, Health and Safety Code. Reference cited: Section 25150, Health and Safety Code. 
  
 



s 66394. Draft Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66395. Fact Sheet.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66396. Public Notice of Permit Actions and Public Comment Period.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66397. Public Comments and Requests for Public Hearings.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66398. Public Hearings.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66399. Response to Comments.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66402. Modification of Processing Methods or Proposed Closure by Operator.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66405. Change of Operator.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66408. Transfer of Hazardous Waste Facility Permit.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66420. Registration of Haulers of Hazardous Waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66428. Application for Registration as a Hazardous Waste Transporter.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25163, 25168, 25168.2, 5169 and 25186, Health and Safety Code. 
  
 



s 66432. Term of Registration.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25163, 25165, 25166 and 5167, Health and Safety Code. 
  
 



s 66434. Inspection of Transporter.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25168, 25168.2, 25169.1, 5185 and 25186, Health and Safety Code. 
  
 



s 66436. Liquid Waste Haulers Registered by the State Water Resources Control Board.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66444. Issuance of Registration as a Hazardous Waste Hauler.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66448. Certificate of Compliance.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25168.3 and 25169.1, Health and Safety Code. 
  
 



s 66450. Transporter Registration Reporting Requirements.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25159, 25163, 25168.2, 25169 and 5186, Health and Safety Code. 
  
 



s 66452. Suspension or Revocation of Registration as a Hazardous Waste Hauler.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66460. Petition for Reinstatement as a Registered Hazardous Waste Hauler.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66465. Hazardous Waste Containers.
 
  Note:    Authority cited: section 25168.1, Health and Safety Code. Reference: Section 25168.1, Health and Safety Code. 
  
 



s 66470. Scope and Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66471. Hazardous Waste Determination Requirement for the Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66472. EPA Identification Numbers for the Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66475. Manifest Procedures for Producer.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66480. General Requirements for Manifest Use by the Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66481. Hazardous Waste Manifest.
 
  Note:    Authority cited: Sections 208 and 25161, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66482. Information Required on the Manifest.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66484. Generator Use of the Manifest.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66485. Manifest Procedures for Operator of Off-Site Facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66490. Disposal of Hazardous Waste on Land.
 
  Note:    Authority cited: Sections 208, 2510 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66492. Recordkeeping Requirements for the Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66493. Biennial Reporting Requirements for the Generator.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25155.5, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66495. Special Measures Required by Department.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66500. Incompatible Wastes.
 
  Note:    Authority cited: Sections 208, 25210 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66504. Packaging, Labeling, Placarding and Marking Requirements for the Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66505. Operation Requirements for Producer.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66508. Accumulation Time for the Generator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66510. Operation Requirements for Hauler.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66515. International Shipments.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66520. Personnel Requirements for Operator.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66525. Equipment Requirements for Operator.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66530. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66531. EPA Identification Number for Transporters.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66532. Transfer Station Exemption.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66535. Storage of Hazardous Waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66540. Operation Requirements for Operator of a Disposal Site.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66541. Manifest Procedures for the Transporter.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66543. Transporter Compliance with the Manifest.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66544. Recordkeeping Requirements for the Transporter.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66545. Operation Requirements for the Transporter.
 
  Note:    Authority cited: Sections 208, 25150 and 25168.1, Health and Safety Code. Reference: Sections 25163, 25168, 25168.2, 25169.1 and 25186, Health and Safety Code. 
  
 



s 66550. Monthly Reports by Operator of Off-Site Hazardous Waste Facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66555. Monthly Reports by Operator of On-Site Hazardous Waste Facility.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66560. Accident Reports.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150 and 25159, Health and Safety Code. 
  
 



s 66563. Immediate Action by the Transporter in the Case of a Hazardous Waste Discharge.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66564. Discharge Cleanup.
 
  Note:    Authority cited: section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 66565. General Requirements.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 5169.1, Health and Safety Code. 
  
 



s 66566. Requirements for Milkrun Transporters.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25117.9, 25143, 25160, 25168, 5169 and 25169.1, Health and Safety Code. 
  
 



s 66567. Requirements for Emergency Response Incident Transporters.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 5169.1, Health and Safety Code. 
  
 



s 66568. Requirements for PCB Waste Transporters.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 5169.1, Health and Safety Code. 
  
 



s 66569. Requirements for Consolidation Transporters.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 5169.1, Health and Safety Code. 
  
 



s 66569.5. Requirements for Small Load Transporters.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25161, Health and Safety Code. Reference: Sections 25143, 25160, 25168, 25169 and 5169.1, Health and Safety Code. 
  
 



s 66570. Requirement for Extremely Hazardous Waste Disposal Permit.
 
 



s 66595. Application for Extremely Hazardous Waste Disposal Permit.
 
 



s 66596. Emergency Waiver.
 
  Note:    Authority cited: Section 25201, Health and Safety Code. Reference cited: Section 25150, Health and Safety Code. 
  
 



s 66620. Removal of Spilled or Improperly Deposited Waste.
 
 



s 66645. Recurring Disposal of Extremely Hazardous Waste.
 
 



s 66670. Fees for Off-Site Disposal.
 
  Note:    Authority and reference cited: Section 208, Health and Safety Code. 
  
 



s 66672. Fees for On-Site Disposal.
 
 



s 66674. Payment of Fees.
 
  Note: Authority cited: Sections 208 and 25174, Health and Safety Code. Reference: section 25174, Health and Safety Code. 
  
 



s 66676. Waiver of Fee.
 
 



s 66680. Lists of Chemical Names and Common Names.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Sections 25140 and 25141, Health and Safety Code. 
  
 



s 66685. List of Extremely Hazardous Wastes.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66693. Applicability of Hazardous Waste Criteria.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66694. Sampling and Sample Management.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66696. Toxicity Criteria.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66699. Persistent and Bioaccumulative Toxic Substance.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66700. Waste Extraction Test (WET).
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66702. Ignitability Criteria.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66705. Reactivity Criteria.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66708. Corrosivity Criteria.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66717. Applicability of Extremely Hazardous Waste Criteria.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66720. Extremely Hazardous Criteria.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66723. Total Threshold Limit Concentration Values of Persistent and Bioaccumulative Toxic Substances in Extremely Hazardous Wastes.
 
  Note:    Authority cited: Sections 208, 25141 and 25150, Health and Safety Code. Reference: Section 25141, Health and Safety Code. 
  
 



s 66730. Contaminated Containers.
 
  Note:    Authority cited: Sections 208, 25140, 25143 and 25150, Health and Safety Code. Reference: Sections 25117, 25140 and 25143, Health and Safety Code. 
  
 



s 66740. List of Special Wastes.
 
  Note:    Authority cited: Sections 208, 25140, 25143 and 25150, Health and Safety Code. Reference: Sections 25117, 25140 and 25143, Health and Safety Code. 
  
 



s 66742. Criteria and Requirements of a Special Waste.
 
  Note:    Authority cited: Sections 208, 25141, 25143 and 25150, Health and Safety Code. Reference: Sections 25117 and 25143, Health and Safety Code. 
  
 



s 66744. Classification of a Waste as a Special Waste.
 
  Note:    Authority cited: Sections 208, 25143 and 25150, Health and Safety Code. Reference: Section 25143, Health and Safety Code. 
  
 



s 66746. Management of Special Wastes.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25245, Health and Safety Code. Reference: Sections 25150, 25200, 25200.5, 25201, 25245 and 25246, Health and Safety Code. 
  
 



s 66747. List of Approved Treatment Processes, Influent Waste Streams.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150 and 25200.2, Health and Safety Code. 
  
 



s 66763. Recyclable Hazardous Waste Disposal Statement.
 
  Note:    Authority cited: Section 25175, Health and Safety Code. Reference:  Sections 25175 and 27159.5, Health and Safety Code. 
  
 



s 66796. List of Recyclable Hazardous Waste Types.
 
  Note:    Authority cited: Section 25175, Health and Safety Code. Reference:  Section 25175, Health and Safety Code. 
  
 



s 66798. Requirements for Generator of Recyclable Material.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25170, Health and Safety Code. Reference: Sections 25153, 25154 and 25170, Health and Safety Code. 
  
 



s 66800. Requirements for Transporter of Recyclable Material.
 
  Note:    Authority cited: Sections 208, 25150 and 25170, Health and Safety Code. Reference: Sections 25154 and 25170, Health and Safety Code. 
  
 



s 66802. Requirements for Operator of a Resource Recovery Facility.
 
  Note:    Authority cited: Sections 208, 25143, 25150, 25170,  25200 and 25201, Health and Safety Code. Reference: Sections 25153, 25154, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66804. Exclusions.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25170, Health and Safety Code. Reference: Sections 14551 and 15051, Food and Agricultural Code; and Section 25170, Health and Safety Code. 
  
 



s 66806. Series 'A' Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208, 25143, 25150, 25159.5,  25170, 25200 and 25201, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66808. Series B Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208, 2513, 25150, 25159.5,  25170, 25200, 25201 and 25246, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66810. Series C Resource Recovery Facility Permit.
 
  Note:    Authority cited: Sections 208, 25143, 25150, 25170,  25200 and 25201, Health and Safety Code. Reference: Sections 25159.5, 25170, 25200 and 25201, Health and Safety Code. 
  
 



s 66812. Criteria for Compliance.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25170, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66814. General Provisions for Resource Recovery Facilities.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66816. Agricultural Use of Recyclable Material: Generator Requirements.
 
  Note:    Authority cited: Sections 208, 24143, 25150, 25154,  25155, 25159.5 and 25170, Health and Safety Code. Reference: Sections 25143, 25159.5 and 25170, Health and Safety Code. 
  
 



s 66818. Agricultural Use of Recyclable Material: Transporter Requirements.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25160, 25163 and 25170, Health and Safety Code. 
  
 



s 66820. Agricultural Use of Recyclable Material: Operator Requirements.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25170, Health and Safety Code. Reference: Section 25170, Health and Safety Code. 
  
 



s 66822. Management of Spent Lead-Acid Storage Batteries.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25170, Health and Safety Code. Reference: Sections 25123.3, 25160, 25163, 25170 and 25201, Health and Safety Code; and Section 173.260, Title 49, Code of Federal Regulations. 
  
 



s 66823. Management of Waste Elemental Mercury.
 
  Note:    Authority cited: Sections 208, 25143, 25150 and 25170, Health and Safety Code. Reference: Sections 25160, 25163, 25170 and 25201, Health and Safety Code. 
  
 



s 66824. Samples.
 
  Note:    Authority cited: Sections 208, 25143, 25150, 25159.5 and  25201, Health and Safety Code. Reference: Sections 25159.5 and 25170, Health and Safety Code. 
  
 



s 66826. Exemption from the Use-Constituting-Disposal Restriction.
 
  Note:    Authority cited: Sections 208, 25143.2(e), 25150, 25159,  25170 and 25179.6, Health and Safety Code. Reference: Sections 25143.2, 25150, 25159, 25163, 25170 and 25179.6, Health and Safety Code. 
  
 



s 66828. Management of Used Oil Filters.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150, 25159.5, and 25175, Health and Safety Code. 
  
 



s 66835. Requirements for Producers of Infectious Waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 1204, 1250, 25118 and 25143, Health and Safety Code. 
  
 



s 66840. Storage and Containment of Infectious Waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25117.11, 25117.12, 25123.3 and 25201, Health and Safety Code; and Section 4143, Business and Professions Code. 
  
 



s 66845. Treatment and Disposal of Infectious Waste.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 7054.3, 7054.4, 25143, 25170 and 25957, Health and Safety Code. 
  
 



s 66850. Transfer of Infectious Waste to Off-Site Treatment and Disposal Facilities.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25143, 25163 and 25168.1, Health and Safety Code. 
  
 



s 66855. Infectious Waste Treatment, Storage and Disposal Facility Requirements.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25143, 25200, 25200.5, 25201 and 25202, Health and Safety Code. 
  
 



s 66860. Manifest Requirements for Infectious Waste Transport and Disposal.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25143 and 25160, Health and Safety Code. 
  
 



s 66865. Enforcement and Inspections.
 
  Note:    Authority cited: Sections 208, 25150 and 25157.3, Health and Safety Code. Reference: Sections 25153 and 25180, Health and Safety Code. 
  
 



s 66880. Prohibition of Sale.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66883. Prohibition of Use.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66886. Criteria for Identifying a Toxic Chemical Substance.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66889. Criteria for Identifying a Nonbiodegradable Toxic Chemical Substance.
 
  Note:    Authority and reference cited: Section 208, Health and Safety Code. 
  
 



s 66892. Disclosure of Identity, Composition, and Properties.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66895. Enforcement and Inspections.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 66898. Applicability of Other Requirements of This Chapter.
 
  Note:    Authority and reference cited: Section 208, Health and Safety Code. 
  
 



s 66900. List of Restricted Hazardous Wastes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25140, 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66905. Land Disposal Restrictions and Schedule.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66910. Land Disposal of Lab Packs Containing Restricted Hazardous Wastes.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 25179.9, Health and Safety Code. 
  
 



s 66915. Dilution of Restricted Hazardous Wastes.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150 and 25154, Health and Safety Code. 
  
 



s 66920. Permit Conditions.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150 and 25202, Health and Safety Code. 
  
 



s 66925. Categorical Exemptions from Land Disposal Restrictions.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 66930. Variances from Land Disposal Restrictions.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25152, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66935. Emergency Variances.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25150, 25152, 25159 and 25159.5, Health and Safety Code. 
  
 



s 66940. Hazardous Waste with Heating Values Greater Than 3,000 British Thermal Units per Pound of Waste.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25155.5, Health and Safety Code. 
  
 



s 66941. Hazardous Waste Containing More Than One Percent of Volatile Organic Compounds.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25123.6 and 25155.5, Health and Safety Code. 
  
 



s 66942. Treatment Capacity Exemption.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25155.5, Health and Safety Code. 
  
 



s 66944. Emergency Variance from Sections 66940 and 66941.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25155.7, Health and Safety Code; and Section 15376, Government Code. 
  
 



s 66951. Selection Criteria.
 
  Note:    Authority cited: Section 25356(a), Health and Safety Code. Reference: Section 25356(a), Health and Safety Code. 
  
 



s 66953. Site Ranking Criteria.
 
  Note:    Authority cited: Section 25356(a), Health and Safety Code. Reference: Section 25356(a), Health and Safety Code. 
  
 



s 67001. Applicability.
 
  Note:    Authority cited: Sections 208, 25143, 25150, 25159 and  25245, Health and Safety Code. Reference: Sections 25159.5, 25245 and 25246, Health and Safety Code. 
  
 



s 67002. Cost Estimate for Closure.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159.5, 25245 and 25246, Health and Safety Code. 
  
 



s 67003. Financial Assurance for Closure.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159.5 and 25245, Health and Safety Code. 
  
 



s 67004. Closure Trust Fund.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159.5, 25245 and 25246, Health and Safety Code. 
  
 



s 67005. Surety Bond Guaranteeing Payment into a Closure Trust Fund.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67006. Surety Bond Guaranteeing Performance of Closure.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67007. Closure Letter of Credit.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67008. Closure Insurance.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67009. Financial Test and Corporate Guarantee for Closure.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67010. Alternative Financial Mechanism for Closure Costs.
 
  Note:    Authority cited: Sections 208, 25150 and 25245, Health and Safety Code. Reference: Sections 25245 and 25246, Health and Safety Code. 
  
 



s 67011. Use of Multiple Financial Mechanisms for Closure Costs.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67012. Use of One Financial Mechanism for Multiple Facilities for Closure Costs.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67013. Release from Financial Assurance Requirements for Closure Costs.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67014. Cost Estimate for Post-Closure Care and Maintenance.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67015. Financial Assurance for Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67016. Post-Closure Trust Fund.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67017. Surety Bond Guaranteeing Payment into a Post-Closure Trust Fund.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67018. Surety Bond Guaranteeing Performance of Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67019. Post-Closure Letter of Credit.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67020. Post-Closure Insurance.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67021. Financial Test and Corporate Guarantee for Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67022. Alternative Financial Mechanism for Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150 and 25245, Health and Safety Code. Reference: Sections 25245 and 25246, Health and Safety Code. 
  
 



s 67023. Use of Multiple Financial Mechanisms for Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67024. Use of Single Financial Mechanism for Multiple Facilities for Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67025. Release from Financial Assurance Requirements for Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67026. Use of a Mechanism for Financial Assurance of Both Closure and Post-Closure Care.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67027. Liability Requirements: Coverage for Sudden Accidental Occurrences.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67028. Liability Requirements: Coverage for Nonsudden Accidental Occurrences.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67029. Liability Insurance.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67030. Financial Test for Liability Coverage.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 25245 and 25246, Health and Safety Code. 
  
 



s 67031. Liability Coverage -Alternative Mechanism.
 
  Note:    Authority cited: Sections 208, 25150 and 25245, Health and Safety Code. Reference: Sections 25245 and 25246, Health and Safety Code. 
  
 



s 67032. Period of Coverage.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 2519, 25245 and 25246, Health and Safety Code. 
  
 



s 67033. Incapacity of Owners or Operators, Guarantors or Financial Institutions.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25245, Health and Safety Code. Reference: Sections 25159, 5245 and 25246, Health and Safety Code. 
  
 



s 67034. Financial Assurance for Closure of Transportable Treatment Units Which Are Permitted by Rule.
 
  Note:    Authority cited: Section 208, Health and Safety Code.Reference:  Sections 25150, 25200.2 and 25245, Health and Safety Code. 
  
 



s 67035. Liability Requirements: Coverage for Sudden Accidental Occurrences for Transportable Treatment Units Which Are Permitted by Rule.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150, 25200.2 and 25245, Health and Safety Code. 
  
 



s 67100. EPA Identification Number.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67100.1. Definitions.
For the purpose of this article, the following definitions shall apply:
(a) "Appropriate local agency" means a county, city, or regional association which has adopted a hazardous waste management plan pursuant to Article 3.5, Chapter 6.5, Division 20, Health and Safety code (commencing with section 25135).
(b) "Baseline year" is any of the following, whichever is applicable:
(1) For a generator's initial report, the baseline year is the calendar year, selected by the generator, for which substantial hazardous waste generation, or onsite or offsite management data is available, except the generator may select the current reporting year as the baseline year for the initial report.
(2) For all subsequent reports, the baseline year is the reporting year of the immediately preceding report.
(c) "Concentration" means the amount of a given substance in a stated unit of mixture, solution or waste. For purposes of this article it also means the range of components typically found in the waste.
(d) "Hazardous waste management approaches" means methods and techniques of controlling the generation and handling of hazardous waste, including source reduction, recycling, and treatment of hazardous waste.
(e) "Hazardous waste management performance report" or "report" means the report required by section 67100.7(a) of these regulations to document and evaluate the results of hazardous waste management practices.
(f) "Laboratory" means a facility where the "laboratory use of hazardous chemicals" occurs. It is a workplace where relatively small quantities of hazardous chemicals are used on a non-production basis.
(g) "Laboratory scale" means work with substances in which the containers used for reactions, transfers, and other handling of substances are designed to be easily and safely manipulated by one person. "Laboratory scale" excludes those workplaces whose function is to produce commercial quantities of material.
(h) "Laboratory use of hazardous chemicals" means handling or use of such materials in which all of the following conditions are met:
(1) Chemical manipulations are carried out on a "laboratory scale";
(2) Multiple chemical procedures or chemicals are used; and
(3) The procedures involved are not part of a production process, nor in any way simulate a production process.
(i) "Motor vehicle fluids" includes all fluids associated with the operation of a vehicle that is self propelled, for example, transmission oil, hydraulic fluid, brake fluid, antifreeze, power steering fluid, and gasoline.
(j) "Numerical Goal" means a single numerical percentage reflecting an estimate of the source reduction the generator could optimally strive to achieve over a four-year period.
(k) "Reporting year" is the calendar year immediately preceding the year in which plans, reports, and compliance checklist are to be prepared.
(l) "Routinely generated" means:
(1) Hazardous and extremely hazardous wastes that result from ongoing processes or operations.
(2) Hazardous wastes generated from regularly scheduled maintenance or production activities performed less frequently than once a year.
(m) "Small business" means "small business" as defined in Government Code, section 11342(e).
(n) "Source reduction" means one of the following:
(1) Any action which causes a net reduction in the generation of hazardous waste.
(2) Any action taken before the hazardous waste is generated that results in lessening of the properties which cause it to be classified as a hazardous waste.
(o) "Source reduction evaluation review and plan" or "review and plan" or  "plan" means a review conducted by the generator of the processes, operations, and procedures in use at a generator's site, required pursuant to section 67100.4(a) completed according to the format established by the Department of Toxic Substances Control in section 67100.5. Plans do both of the following:
(1) Determine any alternatives to, or modifications of, the generator's processes, operations, and procedures that may be implemented to reduce the amount of hazardous waste generated.
(2) Include a plan to document and implement source reduction measures for the hazardous wastes specified in paragraph (1) which are technically feasible and economically practicable for the generator, including a reasonable implementation schedule.
 
  Note: Authority cited: Sections 25150, 25244.15 and 58012, Health and Safety Code. Reference: Sections 25205.1, 25244.12 et seq., 25244.14,  25244.19, 25244.20 and 25501, Health and Safety Code; and Section 11342, Government Code. 
  
 



s 67100.2. Applicability.
 (a) This article applies to generators who, by site, routinely generate, through ongoing processes and operations, more than 12,000 kilograms of hazardous waste in the reporting year, or more than 12 kilograms of extremely hazardous waste in a reporting year.
(b) A generator may petition the Department of Toxic Substances Control in writing to exempt a hazardous waste stream. The generator shall provide documentation to demonstrate that no source reduction opportunities exist for the requested waste stream exemption. The Department shall public notice the proposed acceptance of any exemption petition. A minimum of 45 days shall be provided for public review and comment prior to the Department of Toxic Substances Control rendering any determination on a petition.
(c) The following hazardous wastes shall not be included in calculating the volume, or comparable weight of waste produced and are not subject to this article:
(1) The following exempted hazardous waste streams:
(A) Motor vehicle fluids and motor vehicle filters.
(B) Lead acid batteries.
(C) Household hazardous wastes, wastes from household collection events and wastes separated at community landfills.
(D) Waste pesticides and pesticide containers collected by County agricultural commissioners.
(E) Spent munitions and ordnance.
(F) Decommissioned utility poles.
(G) Oil generated from decommissioned refrigeration units.
(H) Mercury relays and low-level radioactive tubes generated from removal of telephone equipment.
(I) Lighting wastes including ballasts and fluorescent tubes.
(2) The following hazardous waste streams that are not routinely generated:
(A) Waste from site cleanup and mitigation activities including remedial investigations.
(B) Samples and evidence from enforcement actions.
(C) Asbestos.
(D) PCBs
(E) Formation fluids and solids from oil, gas and geothermal exploration and field development.
(F) Demolition waste/major renovation waste.
(G) Waste generated from emergency response actions.
(H) Waste generated from laboratory scale research.
(3) Medical Waste.
(d) When there is a change in ownership of the business, institution, or facility, the new owner shall have six months from the date of purchase to amend or rewrite the plan and the report. If the new owner fails to revise the plan and report during this time, the existing plan and report shall remain in effect.
(e) When there is a change in the state or federal analysis and testing criteria which causes additional materials to be classified as hazardous waste, these newly classified hazardous wastes shall be considered in calculating the volume, or comparable weight of hazardous waste produced at the generator's site starting the next reporting year.
(f) Any generator that is a small business may complete the forms contained in the documents listed below and include sections 1, 3, 4, 5, and 6 of the Compliance Checklist Form, September 1993, or January 1997, as the plan. Documents for specific industries are available from the Department of Toxic Substances Control. The generator's most recent biennial report, as required by section 66262.41 can be used as the report required by this article. The following are available from the Department of Toxic Substances Control and are hereby incorporated by reference:
(1) Waste Audit Study - Automotive Repairs, May, 1987
(2) Waste Audit Study - Automotive Paint Shops, January, 1987
(3) Waste Audit Study - General Medical and Surgical Hospitals, August, 1988
(4) Waste Audit Study - Paint Manufacturing Industry, April, 1987
(5) Waste Audit Study - Drug Manufacturing and Processing Industry, May, 1989
(6) Waste Audit Study - Metal Finishing Industry, May, 1988
(7) Waste Audit Study - Pesticide Formulating Industry, November, 1987
(8) Waste Audit Study - Research and Educational Institutions, August, 1988
(9) Waste Audit Study - Photoprocessing Industry, April, 1989
(10) Waste Audit Study - Fiberglass-Reinforced and Composite Plastic Products, April, 1989
(11) Waste Audit Study - Marineyards for Maintenance and Repair, August, 1989
(12) Waste Audit Study - Building Construction Industry, May, 1990
(13) Waste Audit Study - Fabricated Metal Products Industry, August, 1989
(14) Waste Audit Study - Gold, Silver, Platinum and Other Precious Metals Product and Reclamation, June, 1990
(15) Waste Audit Study - Mechanical Equipment Repair Shops, May, 1990
(16) Hazardous Waste Reduction Assessment Handbook - Auto Repair Shops, October, 1988
(17) Hazardous Waste Reduction Checklist - Auto Repair Shops, October, 1988
(18) Hazardous Waste Reduction Checklist & Assessment Manual for the Metal Finishing Industry, September, 1989
(19) Waste Audit Study -  Printed Circuit Board Manufacturers, June, 1987
(20) Waste Audit Study -  Commercial Printing Industry, May, 1989
(21) Waste Audit Study -  Thermal Metal Working Industry, December, 1990
(22) Hazardous Waste Reduction Checklist & Assessment Manual for Pesticide Formulators, June, 1990
(23) Facility Pollution Prevention Guide, EPA/600/R-92/088, May, 1992
(g) Any generator that is a small business may alternatively complete the Compliance Checklist Form, September 1993, or January 1997, developed by the Department of Toxic Substances Control as the plan.
(h) If a generator owns or operates multiple sites with similar processes, operations, and wastes the generator may prepare a single multisite review and plan, report, or compliance checklist addressing all of these sites.
(i) If a generator owns a large site with multiple operations that are managed as independent businesses, the generator may prepare a separate review and plan, report, or compliance checklist for each independently managed business at the site.
(j) Generators subject to the requirements of this article pursuant to sections 67100.4(a) and 67100.7(a) may prepare a single document combining the requirements for the plan and the report.
 
  Note: Authority cited: Sections  25150, 25244.15 and 58012, Health and Safety Code. Reference: Sections 25177.5, 25244.12 et seq., 25244.15, 25244.16, 25244.19 and 25244.20, Health and Safety Code. 
  
 



s 67100.3. Availability Requirements.
 (a) Every generator shall retain  a copy of the current review and plan, report,  summary progress report and compliance checklist at each site, or, for a multisite at a central location, and upon request, shall make it available to any authorized representative of the Department of Toxic Substances Control and any other officer or agency conducting an inspection pursuant to Section 25185 of the Health and Safety Code.
(b) A copy of the plan, report and summary progress report and compliance checklist shall be made available locally for public review. This may be accomplished by making documents available at the generator's facility, at a public library or at the offices of any local governmental agency which is willing to act as a repository for this information. If any of the above documents contain trade secrets, then a copy which excludes trade secrets shall be made available locally for public review.
 
  Note: Authority cited: Sections  25150, 25244.15 and 58012, Health and Safety Code. Reference: Sections 25185, 25244.12 et seq., 25244.13, 25244.18, 25244.21 and 25244.23, Health and Safety Code. 
  
 



s 67100.4. Plan.
 (a) On or before September 1, 1991 and every four years thereafter that hazardous or extremely hazardous waste generation exceeds the thresholds in section 67100.2(a) of these regulations, each generator shall conduct a source reduction evaluation review and plan pursuant to section 67100.5 of these regulations.
(b) Except as provided in sections 67100.2(h) and 67100.2(i) of these regulations, a source reduction evaluation review and plan shall be prepared for each site.
(c) At the time a review and plan is submitted to the Department, the generator shall certify that the generator has implemented, is implementing, or will be implementing, the source reduction measures identified in the review and plan according to the implementation schedule contained in the review and plan. A generator may determine not to implement a source reduction measure selected in section 67100.5(m) of these regulations only if the generator determines, upon conducting further analysis or due to unexpected circumstances, that the selected measure is not technically feasible or economically practicable, or if attempts to implement that measure reveal that the measure would result in, or has resulted in, any of the following:
(1) An increase in the generation of hazardous waste.
(2) An increase in release of hazardous chemicals to other environmental media.
(3) Adverse impacts on product quality.
(4) A significant increase in the risk of an adverse impact to human health or the environment.
(d) If the generator elects not to implement the review and plan, including, but not limited to, a selected measure pursuant to section 67100.5(m) of these regulations, the generator shall amend its review and plan within 90 days to reflect this rejection and include in the review and plan proper documentation identifying the rationale for this rejection.
 
  Note: Authority cited: Sections  25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.19, Health and Safety Code. 
  
 



s 67100.5. Plan Format.
Except as provided in section 67100.2(f) of these regulations,  generators subject to the requirements of this article pursuant to section 67100.2(a), shall prepare a plan with sufficient detail to convey an understanding of the source reduction evaluation review and analysis performed, using narratives, photographs, illustrations, figures or data as necessary, which includes, but is not limited to, all of the following:
(a) Name and location of the site, telephone number and Identification Number.
(b) Four digit SIC codes applicable to activities at the site.
(c) Type of business or activity conducted at each site.
(d) Length of time the company has been in business at the present site.
(e) Major products manufactured or services provided and, if necessary to convey an understanding of the business, their general applications or examples of their applications or end use.
(f) Number of employees.
(g) A general description of site operations with corresponding block diagrams focusing on quantity and type of hazardous wastes, raw materials, and final products produced at the site.
(h) Identification of all routinely generated hazardous waste streams in the current reporting year which result from ongoing processes or operations that have a yearly volume, or comparable weight exceeding five percent of the total yearly volume, or comparable weight of hazardous waste generated at the site, or, for extremely hazardous waste, five percent of the total yearly volume, or comparable weight generated at the site. Similar industrial processes or institutional activities generating similar wastes (with the same California Waste Codes) shall be considered a single waste stream for purposes of this subsection.
(i) All of the following information for each hazardous waste stream identified in subsection (h) of this section:
(1) An estimate of the weight, in pounds of hazardous waste generated.
(2) The applicable California waste code.
(3) The processes, operations and activities generating the waste(s), with corresponding block diagrams to illustrate the basis of generation including a listing of all input materials which contribute to the generation of hazardous or extremely hazardous waste (this is not meant to be a mass balance).
(j) An evaluation of source reduction measures available to the generator which are potentially viable. The evaluation shall consider at least all of the following approaches:
(1) Input changes.
(2) Operational improvement.
(3) Production process changes.
(4) Product reformulation.
(5) Administrative steps taken to reduce hazardous waste generation including but not limited to:
(A) Inventory control;
(B) Employee award programs;
(C) Employee training;
(D) In-house policies;
(E) Corporate or management commitment; and
(F) Other programs or measures.
(k) Consideration of the following factors for each measure evaluated in accordance with subsection (j) of this section (where a specific factor does not apply identify as N/A):
(1) Expected change in the amount of hazardous waste generated;
(2) Technical feasibility;
(3) Economic evaluation:
(A) Capital cost, operating cost, waste management cost;
(B) Return on investment (ROI), breakdown point, avoided cost, pretax payback period, or any other economic comparison method;
(4) Effects on product quality;
(5) Employee health and safety implications;
(6) Permits, variances, compliance schedules or applicable state local and federal agencies;
(7) Releases and discharges.
(l) Any pertinent information, such as waste stream constituents and concentration of constituents, needed to evaluate and implement source reduction measures.
(m) A specification of, and a rationale for, the technically feasible and economically practicable source reduction measures which will be taken by the generator with respect to each hazardous waste stream identified in subsection (h) of this section. The specification should include at a minimum, a narrative description of the factors in subsection (k) of this section and also address system capacity and efficiency. Photographs, illustrations, figures or data should be used to convey an understanding of the source reduction measure in sufficient detail to allow transfer of the measure to other generators with similar processes or procedures.
(n) An evaluation, and, to the extent practicable, a qualification of the effects of any source reduction measure selected in subsection (m) on emissions and discharges to air, water, or land.
(o) A list of each measure considered but not selected for a detailed evaluation as a potentially viable source reduction measure. For each measure rejected, explain the generator's rationale. This list shall be supplemented for waste streams where no measures were identified with a narrative demonstrating the good faith efforts undertaken to identify measures.
(p) A timetable for making reasonable and measurable progress towards implementation of the selected source reduction measures specified in subsection (m) of this section. It shall also include an implementation schedule for completing the evaluation of potentially viable source reduction measures and it shall prioritize processes and wastes for future research, development and source reduction analysis.
(q) All plans prepared after January 1, 1993 shall contain a four-year numerical goal for reducing the generation of hazardous waste streams through the selected source reduction measures specified in subsection (m) of this section.
 
  Note: Authority cited: Sections  25150, 25244.15, 25244.16 and  58012, Health and Safety Code. Reference: Sections 25244.12 et seq. and 25244.19, Health and Safety Code. 
  
 



s 67100.6. Plan Summary Format.
 
  Note: Authority cited: Sections  25150, 25244.15, 25244.16 and  58012, Health and Safety Code. Reference: Section 25244.19, Health and Safety Code. 
  
 



s 67100.7. Report.
 (a) On or before September 1, 1991, and every four years thereafter that hazardous or extremely hazardous waste generation exceeds the thresholds in section 67100.2(a) of these regulations, each generator shall prepare a hazardous waste management performance report pursuant to section 67100.8 of these regulations.
(b) Except as provided in sections 67100.2(h) and 67100.2(i) of these regulations, the hazardous waste management performance report shall be prepared for each site.
 
  Note: Authority cited: Sections  25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.20, Health and Safety Code. 
  
 



s 67100.8. Report Format.
 (a) Except as provided in section 67100.2(f) of these regulations and in subsection (b) of this section, each generator shall prepare a report with sufficient detail to convey an understanding of the hazardous waste management approaches used at the site, using narratives, photographs, illustrations, figures or data as necessary, which includes, at a minimum, all of the following:
(1) Name and location of the site
(2) Four digit SIC code(s) for the site
(3) All of the following information for each waste stream identified pursuant to section 67100.5(h) of theses regulations:
(A) An estimate, in pounds, of the quantity of hazardous waste generated and the quantity of hazardous waste managed, both onsite and offsite, during the current reporting year and the baseline year.
(B) A description of current hazardous waste management approaches and identification of all approaches implemented since the baseline year.
(C) An assessment of the effect, since the baseline year, of each implemented hazardous waste management approach on the weight of hazardous waste generated, the properties which cause it to be classified as a hazardous waste and/or the onsite and offsite management of hazardous waste. The report shall consider, but shall not be limited to all of the following approaches:
1. Source reduction;
2. Onsite or offsite recycling;
3. Onsite or offsite treatment.
(D) A description of factors during the current reporting year that have affected hazardous waste generation and onsite and offsite hazardous waste management since the baseline year, including, but not limited to, any of the following:
1. Changes in business activity;
2. Changes in waste classification;
3. Natural phenomena and;
4. Other factors that have affected either the quantity of hazardous waste generated or onsite and offsite hazardous waste management requirements.
(b) If the generator selects the current reporting year as the baseline year, the information required pursuant to subsection (a)(3) of this section shall be provided for the reporting year only.
 
  Note: Authority cited: Sections  25150, 25244.15, 25244.16 and  58012, Health and Safety Code. Reference: Sections 25244.12 et seq. and 25244.20, Health and Safety Code. 
  
 



s 67100.9. Summary Progress Report.
 (a) Generators subject to the requirements of this article shall prepare a summary progress report and submit it to the Department of Toxic Substances Control on or before September 1, 1999 and every four years thereafter.
(b) Generators shall complete the Department of Toxic Substances Control's Form # 1262 (3/99) titled, "Summary Progress Report" as their summary progress report. This document is incorporated by reference.
(c) The director, in consultation with the Secretary for Environmental Protection, shall, within five years of the effective date of the regulations in this section, determine whether the regulations should be retained, revised, or repealed.
 
  Note: Authority cited: Sections  25150, 25244.15, 25244.16 and  58012, Health and Safety Code. Reference: Sections 25244.12 et seq. and 25244.19, Health and Safety Code. 
  
 



s 67100.10. Compliance Checklist.
 
  Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.19, Health and Safety Code. 
  
 



s 67100.11. Compliance Checklist Format.
 
  Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012, Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.19, Health and Safety Code. 
  
 



s 67100.12. Progress Report.
 
  Note: Authority cited: Sections 58012 (Governor's Reorganization Plan, No. 1 of 1991), 25150, 25244.15 and 25244.16, Health and Safety Code. Reference: Section 25244.19, Health and Safety Code. 
  
 



s 67100.13. Certification Requirements.
 (a) The review and plan, report, and compliance checklist, completed pursuant to this article shall be reviewed by an engineer who is registered as a professional engineer pursuant to section 6762 of the Business and Professions Code, by an individual who is responsible for the processes and operations of the site, or  by an environmental assessor who is registered pursuant to section 25570 Health and Safety Code.
(b) The engineer, individual, or environmental assessor shall certify the review and plan only if the review and plan meet all of the following requirements:
(1) The review and plan addresses each hazardous waste stream identified pursuant to section 67100.5(h) of these regulations.
(2) The review and plan addresses the source reduction approaches specified in section 67100.5(j) of these regulations.
(3) The plan clearly sets forth the measures to be taken with respect to each hazardous waste stream for which source reduction has been found to be technically feasible and economically practicable, with timetables for making reasonable and measurable progress, and documents the rationale for rejecting available source reduction measures.
(4) The plan does not merely shift hazardous waste from one environmental medium to another environmental medium by increasing emissions or discharges to air, water, or land.
(c) The engineer, individual, or environmental assessor shall certify that compliance checklist has been completed.
(d) The engineer, individual, or environmental assessor shall certify the report only if the report meets the following requirement:
(1) The report identifies factors that affect the generation and onsite and offsite management of hazardous wastes and summarizes the effect of those factors on the generation and onsite and offsite management of hazardous wastes.
(e) The plan, report, and compliance checklist shall contain the following language signed and dated by either the owner, the operator, or the responsible corporate officer of the site or an authorized individual; who is capable of committing financial resources necessary to implement the source reduction measures:
"I certify that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for making false statements or representations to the Department, including the possibility of fines for criminal violations."
 
  Note: Authority cited: Sections 25150 and 25244.15, Health and Safety Code; and section 58012,  Governor's Reorganization Plan, No. 1 of 1991. Reference: Sections 25189.2, 25244.19, 25244.20 and 25570.3, Health and Safety Code. 
  
 



s 67100.14. Trade Secrets.
 (a) Any information submitted to the Department pursuant to this article may be claimed as confidential by the generator. Any such claim shall be asserted at the time of submission by placing the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Department shall make the information available to the public without further notice. If a claim is asserted, the information shall be treated in accordance with 40 CFR part 2 and the Health and Safety Code, sections 25173 and 25244.23.
(b) If a claim of confidentiality is asserted, two versions of the document shall be submitted: one version with the confidential pages and one version without the confidential pages but with a clear indication of which pages are removed as confidential.
 
  Note:    Authority cited: Sections 25150, 25244.15 and 25244.23, Health and Safety Code; and section 58012,  Governor's Reorganization Plan, No. 1 of 1991. Reference: Section 25244.23, Health and Safety Code. 
  
 



s 67101. Required Notices.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67102. General Waste Analysis.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25155.5, 25159 and 25159.5, Health and Safety Code. 
  
 



s 67103. Security.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67104. General Inspection Requirements.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67105. Personnel Training.
 
  Note:    Authority cited: Section 208, Health and Safety Code.Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67106. General Requirements for Ignitable, Reactive or Incompatible Wastes.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67108. Seismic and Precipitation Design Standards.
 
  Note:    Authority cited: Section 208, Health and Safety Code.Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67120. Design and Operation of Facility.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67121. Required Equipment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67122. Testing and Maintenance of Equipment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67123. Access to Communications or Alarm Systems.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67124. Required Aisle Space.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67126. Arrangements with Local Authorities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67140. Purpose and Implementation of Contingency Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67141. Content of Contingency Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67142. Copies of Contingency Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67143. Amendment of Contingency Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67144. Emergency Coordinator.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67145. Emergency Procedures.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67160. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67161. Use of Manifest System.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67162. Manifest Discrepancies.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67163. Operating Record.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67164. Availability, Retention and Disposition of Records.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67165. Annual Report.
 
  Note:    Authority cited: Sections 208, 25150, Health and Safety Code. Reference: Sections 25155.5, 25159 and 25159.5, Health and Safety Code. 
  
 



s 67166. Unmanifested Waste Report.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67167. Additional Reports.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67168. Disposal Reports by Owner or Operator of Off-Site Hazardous Waste Facility.
 
  Note:    Authority cited: Sections 208 and 25161, Health and Safety Code. Reference: Section 25150, Health and Safety Code; Section 43051, Revenue and Taxation Code. 
  
 



s 67169. Monthly Reports by Operator of On-Site Hazardous Waste Facility.
 
  Note:    Authority cited: Sections 208 and 25161, Health and Safety Code. Reference: Section 25150, Health and Safety Code; Section 43151, Revenue and Taxation Code. 
  
 



s 67180. Applicability to Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67181. Required Programs.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67182. Environmental Protection Standard.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67183. Hazardous Constituents.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67184. Concentration Limits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67185. Point of Compliance.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67186. Compliance Period.
 
  Note:    Authority cited, Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67187. General Ground Water Monitoring Requirements.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67188. Detection Monitoring Program.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67189. Compliance Monitoring Program.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67190. Corrective Action Program.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67191. Applicability to Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25345, Health and Safety Code. 
  
 



s 67192. Environmental Monitoring System for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67193. Sampling and Analysis for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67194. Preparation, Evaluation and Response for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67195. Recordkeeping and Reporting at Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67210. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code. 
  
 



s 67211. Closure Performance Standard.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67212. Closure Plan; Amendment of Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25246, Health and Safety Code. 
  
 



s 67213. Closure; Time Allowed for Closure.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code. 
  
 



s 67214. Disposal or Decontamination of Equipment.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5, 25245 and 25246, Health and Safety Code. 
  
 



s 67215. Certification of Closure.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67217. Post-Closure Care and Use of Property.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67218. Post-Closure Plan; Amendment of Plan.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67219. Notice to Local Land Authority.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67220. Notice in Deed to Property.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67240. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67241. Condition of Containers.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67242. Compatibility of Waste with Containers.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67243. Management of Containers.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67244. Inspections.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67245. Containment for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159 and 25159.5, Health and Safety Code. 
  
 



s 67246. Special Requirements for Ignitable or Reactive Waste.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67247. Special Requirements for Incompatible Wastes.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67248. Closure of Permitted Facilities That Store Containers of Hazardous Waste.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67250. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67251. Design of Tanks for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159 and 25159.5, Health and Safety Code. 
  
 



s 67252. General Operating Requirements for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67254. Monitoring and Inspection for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67257. General Operating Requirements for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67258. Waste Analysis and Trial Tests for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67259. Inspections for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67260. Closure for Both Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67261. Special Requirements for Ignitable or Reactive Waste for Both Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67262. Special Requirements for Incompatible Wastes for Both Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67280. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67281. Design and Operating Requirements for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150, 25159 and 25159.5, Health and Safety Code. 
  
 



s 67286. Monitoring and Inspection for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67287. Emergency Repairs; Contingency Plans for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67288. Closure and Post-Closure Care of Surface Impoundments at Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code . 
  
 



s 67310. General Operating Requirements for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67311. Containment System for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67312. Waste Analysis and Trial Tests for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67314. Inspections for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67316. Closure and Post-Closure Care for Surface Impoundments at Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67317. Special Requirements for Ignitable or Reactive Waste for Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5, and 25250, Health and Safety Code. 
  
 



s 67318. Special Requirements for Incompatible Wastes for Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67340. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67341. Design and Operating Requirements for Waste Piles at Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159 and 25159.5, Health and Safety code. 
  
 



s 67342. Double-Liners and Leak Detection System for Waste Piles at Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25150(a), 25159 and 25159.5, Health and Safety Code. 
  
 



s 67344. Monitoring and Inspection for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67346. Protection from Wind for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67347. Waste Analysis for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67348. Containment for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67349. Special Requirements for Ignitable or Reactive Waste for Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67350. Special Requirements for Incompatible Wastes for Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67351. Closure and Post-Closure Care of Waste Piles at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67360. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67361. Treatment Program for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67362. Treatment Demonstration for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67363. Design and Operating Requirements for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67368. Unsaturated Zone Monitoring for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67369. Closure and Post-Closure Care of Land Treatment Units at Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67371. General Operating Requirements for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67372. Waste Analysis for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67377. Unsaturated Zone Monitoring for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67378. Closure and Post-Closure Care of Land Treatment Units at Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67379. Recordkeeping for Both Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67381. Special Requirements for Ignitable or Reactive Waste at Both Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67382. Special Requirements for Incompatible Wastes for Both Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 28, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67383.1. Applicability.
 (a) This chapter establishes minimum standards for the management of all underground and aboveground tank systems that held hazardous waste or hazardous materials, and are to be disposed, reclaimed or closed in place, except as provided in subsections (b), (c) and (d) of this section.
(b) The requirements of this chapter do not apply to tank systems regulated under a hazardous waste facility permit, other than a permit by rule, or to tank systems regulated under a grant of interim status.
(c) The requirements of this chapter do not apply to a tank system or any portion thereof that meets the definition of "scrap metal" in section 66260.10 and that is excluded from regulation pursuant to section 66261.6(a)(3)(B).
(d) The requirements of this chapter do not apply to any tank that is not a hazardous waste pursuant to chapter 11 of this division.
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67383.2. Definitions.
When used in this chapter, the following terms have the meanings given below:
"Closed in place" means left in place and closed without being removed.
"Disposal" has the same meaning as in section 66260.10, except that the term disposal does not include tanks that are closed in place pursuant to the requirements of this chapter or title 23, California Code of Regulations.
"LIA" means the "local implementing agency" or local agency responsible for the enforcement and regulatory oversight of hazardous material storage tanks pursuant to section 25283 of the Health and Safety Code.
"Tank" means a stationary device, designed to contain an accumulation of hazardous waste or hazardous material, which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) that provides structural support.
"Tank system" means a hazardous waste or a hazardous material transfer, storage or treatment tank and its associated ancillary equipment and containment system.
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25124 and 25283, Health and Safety Code. 
  
 



s 67383.3. General Standards for Tank Systems.
 (a) Except as provided in subsections (b), (c), and (d) of section 67383.1, any tank system that is identified as a hazardous waste pursuant to chapter 11 of this division, and that is destined to be disposed, reclaimed or closed in place shall be exempt from regulation under this division if the tank system is managed in accordance with all of the requirements of this section:
(1) Prior to initiating cleaning, cutting, dismantling, or excavation of a tank system, the owner or operator of the tank system shall notify the appropriate CUPA in writing of the information specified below. If there is no CUPA, then the owner or operator shall notify the LIA and send a copy to the authorized agency. However, information already provided to the CUPA, authorized agency or LIA pursuant to compliance with another statutory or regulatory requirement need not be resubmitted:
(A) The location of the tank system;
(B) The date(s) the tank system will be cleaned and/or excavated, or closed in place;
(C)  A brief description of the tank system;
(D) The identification of the hazardous material or hazardous waste last held in the tank supported by:
1. A statement signed by the tank operator certifying the identity of the material or waste last stored or accumulated in the tank; or
2. If residuals remain in the tank in sufficient quantity to be collected and analyzed, a chemical analysis of the residual in the tank;
(E) The name and credentials of the individual who will provide certification pursuant to subsection (f), when applicable; and
(F) The intended disposition and destination of the tank system.
(b) Except as provided in subsection (c), any of the following procedures may be used for the onsite cleaning and closure of a tank system:
(1) American Petroleum Institute, Recommended Practice for the Closure of Underground Petroleum Storage Tanks, API Publication 1604, Third Edition, American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005, March 1996;
(2) American Petroleum Institute, Safe Entry and Cleaning of Petroleum Storage Tanks, API Publication 2015, American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005, May 1994;
(3) National Fire Protection Association, Standard Procedures for Cleaning or Safeguarding Small Tanks and Containers Without Entry, NFPA 327, 1993 Edition;
(4) Procedures approved by the CUPA, authorized agency or LIA.
(c) Non-sparking, cold-cutting tools or a non-sparking cold-cutting process shall be used if the tank held a flammable or combustible material, and the tank, piping and/or appurtenances are to be cut onsite, unless an alternate method is approved by the CUPA, authorized agency or LIA.
(d) All sludge, scale, debris, residue, and rinseate generated during the tank closure process shall be managed in accordance with all applicable requirements of this division.
(e) At the completion of the cleaning process the tank system shall meet all of the following:
(1) All piping and appurtenances shall be free of product, sludge, rinseate and debris to the extent that no material can be poured or drained from them when held in any orientation (e.g., tilted, inverted, etc).
(2) The tank, upon inspection, shall be visually free of product, sludge, scale (thin, flaky residual of tank contents), rinseate and debris, except that residual staining caused by soil and waste consisting of light shadows, slight streaks, or minor discolorations, and soil and waste in cracks, crevices, and pits may be present.
(A) The inspection to verify that the requirements of subsection (e)(2) are met shall be conducted
1. through an existing manhole in the tank or one newly installed in the tank, or through holes cut into the tank wall in accordance with the requirements of this section so as to allow for visual inspection of the entire tank interior, without the need to enter the tank physically or
2. if the tank is not cut, following cleaning, by using a light with an internal inspection lamp approved for Class I, Division I locations, a mirror to reflect light into the container, or other appropriate device upon approval of the CUPA, authorized agency or LIA.
(B) If the tank held a hazardous material or hazardous waste that had the potential to generate flammable vapors, and the tank was cut onsite, a combustible gas indicator (CGI) which is properly calibrated shall be used to measure the concentration of flammable vapor at the top, center and bottom of the cut tank. The concentration of flammable vapor shall be zero percent of the Lower Explosive Limit (LEL) for the material that was contained in the tank; and the oxygen concentration shall be the same as that of the ambient air, approximately 20.8%;
(C) If the tank held a hazardous material or hazardous waste that had the potential to generate flammable vapors, is intended to be transported, and was not cut onsite, the tank shall be cleaned and inerted using one of the methods listed in subsection (b), inspected pursuant to subsection (e)(2)(A)2 and transported in accordance with the provisions of section 67383.5. (The tank shall be inspected to ensure that it meets the conditions of paragraph (2) of this subsection before it is inerted.)
(D) If a tank has been cut onsite, but it is not to be transported offsite or closed in place, it shall be cleaned using one of the methods specified in subsection (b) and inspected pursuant to subsection (e)(2)(A)1.
(f) The cleaned tank system shall be certified as meeting the standards of paragraphs (e)(1) and (2) of this section by the CUPA, authorized agency or LIA, or one of the following professionals, certified or registered in California:
(1) certified industrial hygienist;
(2) certified safety professional;
(3) certified marine chemist;
(4) registered environmental health specialist;
(5) registered professional engineer; or
(6) registered environmental assessor, Class II, as defined in section 25570.3, Health and Safety Code; or
(7) a contractor properly licensed by the Contractor's State License Board  (CSLB) to contract for the removal of underground storage tanks and who holds a Hazardous Substance Removal Certification issued by the CSLB.
(g) The certificate issued pursuant to subsection (f) of this section shall be submitted on the Hazardous Waste Tank Closure Certification page of the Unified Program Consolidated Form (x/99)), Appendix E of Title 27 CCR, or an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, Sections 15610 and 15620. The submittal must include the Business Activities Page, and the Business Owner/Operator pages of the Unified Program Consolidated Form (x/99)). The certificate shall include the following:
(1) the tank owner's name and address;
(2) the address of tank closure site;
(3) the tank's State identification number, if applicable;
(4) the statement that the tank is visually free of product, sludge, scale, rinseate and debris;
(5) if applicable, the tank's interior atmosphere readings for concentrations of flammable vapor and oxygen;
(6) the name, professional classification, registration or certification number if applicable, signature, address and phone number of the certifying person; and
(7) the date and time of certification.
(h) Copies of the certificate shall be provided to the following:
(1) CUPA, authorized agency or LIA;
(2) owner and/or operator of the tank system;
(3) the contractor responsible for the removal of the tank system; and
(4) the recycling or disposal facility to which the tank is transported.
(i) A copy of the certificate shall accompany the tank to the recycling/disposal facility.
(j) A person who treats a tank by employing physical methods to satisfy the standard in subsection (e)(2) is authorized to perform such treatment for purposes of Health and Safety Code Section 25201.
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25124 and 25201, Health and Safety Code. 
  
 



s 67383.4. Management Procedure to Close Hazardous Material or Hazardous Waste Tank Systems in Place.
The owner or operator of a tank system to be closed in place shall do all of the following:
(a) Comply with Section 25298 of the Health and Safety Code, if applicable.
(b) Obtain CUPA, authorized agency or LIA approval to close the tank system pursuant to Title 23, CCR, section 2672(c), if applicable.
(c) Clean the tank and comply with all of the requirements of section 67383.3.
(d) After the provisions of section 67383.3 are met, fill the tank with a solid inert material.
 
  Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25117 and 25124, Health and Safety Code. 
  
 



s 67383.5. Transportation of Uncut Tanks that Contained Hazardous Material or Hazardous Waste.
Any tank intended to be transported, that is not cut onsite, has been cleaned pursuant to the provisions of section 67383.3, and has the potential to generate flammable vapors, shall be subject to the following requirements for transportation:
(a) The tank's interior atmosphere shall be inerted with carbon dioxide or with another inert gas approved by the CUPA, authorized agency or LIA to levels sufficient to preclude explosion or to lower levels as required by the local agency;
(1) If the tank will be inerted with carbon dioxide, dry ice may be used at a minimum of 1 pound of dry ice per 45 gallons of tank volume (22.2 pounds per 1000 gallons of tank capacity) or bottled CO 2  may be used to inert the tank until the tank meets the required levels.
(2) All LEL readings shall be taken with a CGI that has been properly calibrated. The readings shall be taken at the top, center and bottom of the tank before the tank is loaded onto the transport vehicle.
(b) All openings in the tank shall be plugged, except for a 1/8 inch vent.
(c) All cracks, holes, or other damaged sections shall be plugged. If holes or cracks in the tank walls, piping or appurtenances could allow the release of hazardous constituents, the tank, piping and/or appurtenances shall be wrapped in plastic sheeting or another appropriate barrier compatible with and capable of containing the release. If the barrier becomes contaminated during use, it shall be managed in accordance with the applicable requirements of this division.
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE 
 
  Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67384.1. Scope.
 (a) This chapter establishes the best management practices for perchlorate materials as described in section 67384.2.
(b) A person may not manage perchlorate materials unless the management complies with the best management practices of this chapter.
(c) Nothing in this chapter is a limitation on the power of any other governmental agency to adopt or enforce additional requirements related to the management of perchlorate materials.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.7, Health and Safety Code. 
  
 



s 67384.2. Applicability.
 (a) Effective July 1, 2006, the best management practice requirements of this chapter shall apply to all persons managing perchlorate materials as described in section 67384.3, except those listed in subsection (b) of this section.
(b) The requirements of this chapter do not apply to the following perchlorate materials:
(1) Perchlorate materials managed as a hazardous waste in compliance with all applicable requirements of California hazardous waste law;
(2) Perchlorate-contaminated media under the oversight of a regulatory agency with jurisdiction pursuant to applicable environmental statutes that address response, removal or remediation of the perchlorate contamination, except when disposed at a landfill;
(3) Perchlorate materials containing less than six (6) parts per billion (ppb) of perchlorate;
(4) Consumer goods manufactured in California prior to, but no later than December 31, 2006, and consumer goods transported into California prior to, but no later than to December 31, 2006;
(5) Food, crops, and irrigation water; and
(6) Combustion residuals of perchlorate materials.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.3. Definitions.
The definitions set forth in section 66260.10 of this division shall apply unless otherwise defined. The following definitions shall apply to the terms used in this chapter:
 "Area of Interest" means the area immediately adjacent to the point of use within the site, but limited to that property under the control of the business.
 "Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. "Business" includes a business organized for profit, a nonprofit business and all of the following:
(a) The federal government, to the extent authorized by federal law.
(b) Any agency, department, office, board, commission, or bureau of state government, including, but not limited to, the campuses of the California Community Colleges, the California State University, and the University of California.
(c) Any agency, department, office, board, commission, or bureau of a city, county or district.
 "Commercial" means used by a business to generate revenue or promote the sale of goods or services. "Commercial" does not include material or products used under federal, military, or space launch contract requirements.
 "Commercial explosive" does not include fireworks or dangerous fireworks.
 "Combustion residual" means any paper, ash, wire, or other physical material that remains after the perchlorate-containing material has been substantially consumed. "Combustion residual" does not include items that retain inherent explosive properties, or treatment residuals of perchlorate-containing waste.
 "Consumer commodity" means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for personal or household use.
 "Consumer good" means a product or commodity used by a business that is packaged in a form similar to a consumer commodity.
 "Crop" means an agricultural product grown and harvested for sale or consumption.
 "Dangerous fireworks" means dangerous fireworks as defined in Health and Safety code sections 12505 and 12561 and the relevant sections of title 19, Code of Regulations, subchapter 6.
 "Department" means the Department of Toxic Substances Control.
 "Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of waste into or on any land or water.
 "End user" means the person who utilizes a product for the product's intended end use.
 "EPA ID Number" means the identification number as defined in section 66260.10.
 "Food" means any raw or processed substance, beverage, including water, or ingredient intended to be used as food, drink, confection, or condiment for human or other animal consumption.
 "Household" means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. "Household" does not mean a hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility.
 "Household waste" means any materials, including garbage or trash that is generated by residents through the use of a consumer commodity in a household.
 "Managing perchlorate materials" means generation, storage, transportation, manufacture, processing, fabrication, packaging, use, reuse, treatment, transfer, pumping, recovery, recycling, spill response, disposal, and discharge.
 "Material Safety Data Sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with title 29 of the Code of Federal Regulations, section 1910.1200(g).
 "Military munitions," as defined in title 40 of the Code of Federal Regulations, section 260.10, means all ammunition products and components produced or used by or for the U.S. Department of Defense (DOD) or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed. "Military munitions" does not include dangerous fireworks.
 "NAICS" means the North American Industry Classification System
 "Net explosive weight" means the weight of all pyrotechnic compositions, explosives material, and fuse only.
 "Non-hazardous waste" means a waste that does not meet the definition of hazardous waste as defined in both Health and Safety Code section 25117 and section 66261.3 of this division.
 "Packaging" means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of this chapter.
 "Perchlorate-containing device" means a product that is constructed and maintained such that it meets the packaging requirement in section 67384.5(a) of this chapter.
 "Perchlorate-contaminated media" means soil, sediment, surface water, groundwater contaminated with perchlorate.
 "Perchlorate material" means all perchlorate-containing materials including perchloric acid and perchlorate compounds. "Perchlorate material" includes all forms of matter, goods, and products and shall not be limited by other statutory or regulatory definitions of "material."
 "Pyrotechnic operator" means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
 "Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of fireworks.
 "Public safety activity" means any activity intended to protect people or property, including, but not limited to, law enforcement services, fire protection and suppression, emergency medical care, tow operations, emergency services, public utility service and repair, homeland security, and highway maintenance and repair.
 "RWQCB" means a California Regional Water Quality Control Board.
 "Safe and sane fireworks" means state-approved fireworks defined in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, California Code of Regulations, subchapter 6.
 "Spill" means unintentional release of perchlorate material. "Spill" does not include:
(a) perchlorate-contaminated media excluded under section 67384.2(b)(2) of this chapter; or
(b) perchlorate material remaining or resulting from the intended use of the product.
 "Star" means a small pellet of composition that produces a pyrotechnic effect. A single aerial firework shell could contain several hundred stars.
 "SWRCB" means the California State Water Resources Control Board.
 "Storage" means the act of storing or holding perchlorate material.
 "Wastewater" means a perchlorate-containing water that is a waste.
 "Water-resistant package" means a package that when closed, under conditions incidental to handling, is substantially impervious to rain, spray, and run on.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.4. Labeling Best Management Practice Requirements for Perchlorate Materials.
 (a) Persons who manufacture perchlorate materials, repackage perchlorate materials, distribute perchlorate materials for sale, receive perchlorate materials for resale or use in California, or generate a perchlorate containing waste shall ensure that the perchlorate materials are properly labeled. Labels shall be applied conspicuously on the exterior of all outer shipping packages and on consumer packages. All perchlorate material, except those materials listed in subsection (b) of this section, shall be labeled or marked clearly with the following, "Perchlorate Material - special handling may apply, See www.dtsc.ca.gov/hazardouswaste/perchlorate."
(b) The best management practice requirements of this section do not apply to the following perchlorate materials:
(1) Household waste;
(2) Perchlorate-containing water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(3) Perchlorate materials used or maintained at a site where all personnel handling the perchlorate material have received instruction on and comply with the perchlorate Best Management Practice requirements of this chapter;
(4) Perchlorate materials while accompanied by a Material Safety Data Sheet, shipping document, or package insert that includes all the information required in the label pursuant to subsection (a);
(5) Finished products produced pursuant to federal, military or space launch contract requirements;
(6) Wastewaters that are discharged under the oversight of a regulatory agency with jurisdiction over discharges;
(7) Non-hazardous perchlorate wastes resulting from the use of safety flares during a public safety activity; and
(8) Perchlorate materials registered as pesticides pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act.
(c) The best management practice requirements of this section do not apply to the end user of any of the following:
(1) consumer goods;
(2) consumer commodities; and
(3) fertilizers.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.5. Packaging Best Management Practices Requirement for Perchlorate Materials.
 (a) Each package used for the containment of perchlorate materials under this section, unless contained as specified in section 67384.6, shall:
(1) be designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to handling, there will be no identifiable release of perchlorate materials to the environment; and
(2) be contained in a water-resistant package.
(b) Perchlorate-containing products that are constructed and maintained such that they meet the packaging requirement of subsection (a) need not also comply with the containment requirements specified in section 67384.6.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.6. Containment Best Management Practice Requirements for the Storage, Processing and Manufacturing of Perchlorate Materials.
 (a) Unless listed in subsection (b) of this section, perchlorate materials not packaged or constructed as specified in section 67384.5 during storage, processing and manufacturing, shall be contained in weather-resistant structures with floors that:
(1) are adequately water-resistant to prevent seepage into or out of the containment structure;
(2) do not have drains that release to the environment unless the discharge complies with section 67384.10; and
(3) are of adequate strength to support the loads.
(b) Containment requirements specified in this section shall not apply to the following:
(1) Perchlorate-containing water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(2) Manufacturing processes, which because of explosion risk, are not conducted within a weather-resistant structure, but meet all other requirements of subsection (a) above;
(3) Fertilizers stored by end users for less than thirty (30) days on the site of intended application;
(4) Consumer commodities used or stored at a household; and
(5) Safe and sane fireworks sold or offered for sale at a permitted temporary retail outlet.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.7. One-Time Notification Best Management Practice Requirements for Perchlorate Materials.
 (a) On or before September 1, 2007 a business managing perchlorate materials in the course of its operations in an amount greater than 500 pounds of solids or 55 gallons of liquids, at any one time, shall submit to the Department a one-time notification regarding perchlorate materials. The notification shall cover activities occurring between July 1, 2006 and June 30, 2007 and shall include the following:

Business Name______________  _____
Location Address___________  _____
Mailing Address____________  _____
Business NAICS_____________  _____
Nature of Business
______________________________________
______________________________________
______________________________________
EPA ID Number
(if available)
______________________________________
______________________________________
______________________________________
Environmental
Contact Name_______________  _____
Title of Contact Person____  _____
Mailing Address____________  _____
E-mail Address_____________  _____
Phone Number
______________________________________
______________________________________
______________________________________
List of Perchlorate
Materials Handled:_________  _____
                             _________
                             _________
                             _________
 
Has the business plan has been updated to include perchlorate-containing materials pursuant to Health and Safety Code section 25504.1? Yes or No
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
                                           Check the
                                             appropriate
                                             boxes to
                                             identify if
                                             the quantity
                                             is:
How much perchlorate materials...          None  Less than  Greater
  or         than or
  equal      equal
  to 500     to 500
  pounds     pounds
  of         of
  solids or  solids or
  55         55
  gallons    gallons
             of
  of         liquid a
  liquids    year
  a year
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
does your business manufacture or
  process?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
does your business use to manufacture or
  produce a product?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are used or combusted?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are stored?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are offered for sale or procurement?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are generated as waste?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are treated or recycled onsite?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are treated or recycled offsite?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are discharged under a permit or waiver
  issued by
the SWRCB or a RWQCB?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are sent for offsite disposal?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
 
(b) A material meeting the definition of perchlorate material solely because it contains one or more perchlorate-containing devices shall include only the weight of the perchlorate-containing devices in determining the notification threshold weight of subsection (a).
(c) A business shall not include the following perchlorate-containing materials in determining the notification threshold of subsection (a):
(1) Military munitions managed in accordance with Department of Defense regulations;
(2) Water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(3) Sanitizer, disinfectant, or bleach that is packaged as a consumer commodity;
(4) Wastewater that is discharged under the oversight of a regulatory agency with jurisdiction over discharges;
(5) Fertilizer that has been reported pursuant to Food and Agriculture Code sections 14621-14623; and
(6) Safe and sane fireworks sold or offered for sale at a permitted temporary retail outlet.
(d) Information on how to submit an electronic notification under subsection  (a) is available at www.dtsc.ca.gov/hazardouswaste/perchlorate.
(e) Written notifications submitted under subsection (a) shall be submitted to: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: Perchlorate Materials BMPs" prominently displayed on the front of the envelope.
(f) A business submitting notification under section (a) may request a business confidentiality claim that part or all of the notification information be withheld from public disclosure by the Department pursuant to the California Public Records Act, Government Code section 6250 et seq.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5, 25210.6 and 25504.1, Health and Safety Code; and Sections 14231-14623, Food and Agricultural Code. 
  
 



s 67384.8. Special Best Management Practices for Flares and Pyrotechnic Perchlorate Materials.
 (a) Road safety flares shall be used in a manner that minimizes releases of perchlorate to the environment. The following practices shall be implemented to the extent practical without impeding immediate safety considerations:
(1) Flares should be allowed to burn completely;
(2) Flares used in an emergency incident shall be limited in number and duration necessary to ensure safety; and
(3) All personnel who routinely use flares in the normal course of employment should receive instruction on the potential environmental hazards associated with the use of perchlorate materials and on the perchlorate Best Management Practice requirements of this chapter.
(b) Marine safety flares shall be used in a manner that minimizes releases of perchlorate to the environment.
(c) Within twenty-four (24) hours of a public display of fireworks or the use of dangerous fireworks, the pyrotechnics operator, in addition to complying with title 19 of the California Code of Regulations, section 1003, shall, to the extent practical, collect any stars and un-ignited pyrotechnic material found during the required inspection of the entire firing range.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.9. Spill Response Best Management Practices for Non-Hazardous Perchlorate Materials.
 (a) For spills of non-hazardous perchlorate materials to the environment, a handler of perchlorate materials:
(1) Shall immediately take action to stop and contain all spills of perchlorate material;
(2) Shall determine whether any material resulting from the spill is hazardous waste, and if so, shall manage the hazardous waste in compliance with all applicable requirements of this division. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with chapter 12 of this division;
(3) Shall collect to the extent practical any material resulting from the spill; and
(4) Shall prevent or minimize releases to storm drains.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.10. Discharge/Disposal Best Management Practices for Perchlorate Materials.
 (a) When solid non-hazardous perchlorate containing waste is land disposed in California, it shall be disposed of in either:
(1) a hazardous waste landfill; or
(2) a composite-lined portion of a non-hazardous waste landfill that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993. If a release is indicated by the landfill's Detection Monitoring Program, the landfill shall include perchlorate as a Constituent of Concern in the Evaluation Monitoring Program.
After the initial evaluation monitoring, monitoring requirements imposed pursuant to this subsection may be modified or terminated by the RWQCB if deemed appropriate.
(b) When non-hazardous liquid perchlorate-containing wastewater is discharged in California, the discharger shall:
(1) notify the overseeing regulatory agency and the appropriate RWQCB of the perchlorate discharge; and
(2) upon initial issuance or renewal of the existing authorization for discharge, shall include perchlorate in the required monitoring program, if deemed necessary by the overseeing regulatory agency.
(c) The POTWs receiving wastewater from a business that has identified perchlorate-containing discharges, shall:
(1) notify the appropriate RWQCB of the acceptance of perchlorate- containing waste by the POTW; and
(2) upon initial issuance or renewal of the existing authorization for discharge, shall include perchlorate in the required monitoring and reporting plan, if deemed necessary by the RWQCB.
Monitoring requirements imposed pursuant to this subsection may be modified or terminated by the RWQCB if deemed appropriate.
(d) The requirements of subsections (a) and (b) do not apply to:
(1) Perchlorate-containing water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(2) Household non-hazardous perchlorate-containing waste; and
(3) Non-hazardous perchlorate wastes resulting from the use of safety flares during a public safety activity.
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67384.11. Pollution Prevention Best Management Practices for Perchlorate Materials.
 (a) On or before January 1, 2008 and every 5 years thereafter, a business that uses perchlorate-containing fertilizers, road safety flares, commercial explosives, or commercial blasting agents, in an amount greater than 500 pounds in any month, shall:
(1) Review the use of these perchlorate-containing products to determine if a non-perchlorate-containing alternative is available and equivalent; and
(2) Review and implement as appropriate pollution prevention measures to prevent releases of perchlorate.
Fertilizers that are substances allowed by the United States Department of Food and Agriculture pursuant to the Organic Foods Production Act of 1990, are exempt from this subsection. Other fertilizers that are perchlorate materials solely because the source of the perchlorate is from an allowed substance pursuant to the Organic Foods Production Act are also exempt from this subsection.
(b) On or before January 1, 2008, a business that uses dangerous fireworks in amounts greater than 4,000 pounds net explosive weight, or conducts public display of fireworks in amounts greater than 4,000 pounds net explosive weight, or uses solid rocket motors, in amounts greater than 8,000 pounds gross weight, at the same location, in a calendar year, except as specified in subsection (c), shall submit to the Department the following data regarding the Area of Interest:
(1) Perchlorate analytical results of existing storm water monitoring, in the Area of Interest, mandated by a storm water permit authorized by the SWRCB or an applicable RWQCB that requires monitoring for perchlorate; or
(2) Existing environmental monitoring of the Area of Interest for perchlorate in the soil and/or water.
(c) A business subject to subsection (b) above is exempt from the data submittal of subsection (b)(1) and (b)(2), if the perchlorate-contaminated media in the Area of Interest is exempted under section 67384.2(b)(2).
 
  Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code. 
  
 



s 67390.2. Information Required for a Determination.
 (a) Upon receipt of a request made pursuant to Health and Safety Code sections 25221, 25222.1, 25233 and 25234, the Department shall review all available documents and other written information with regard to the property concerned and notify the requester whether sufficient evidence exists for the Department to proceed with a hazardous waste property or border zone property designation, variance from such designation, or removal of such designation.
(b) In determining whether sufficient evidence exists for the Department to proceed with a determination pursuant to Health and Safety Code sections 25221, 25222.1, 25233 and 25234, the Department shall take into account:
(1) the hazardous characteristics of the wastes, such as, but not limited to, toxicity, reactivity, corrosivity, flammability, persistence, bioaccumulative characteristics, and infectiousness;
(2) factors affecting the potential for movement of any waste constituents away from the site through air, water, or soil, such as, but not limited to, the quantity of the wastes, physical state of the wastes, volatility of the wastes, solubility of the wastes, soil binding characteristics of the wastes, soil permeability, geological characteristics, hydrological characteristics, meteorological characteristics, flood potential and site terrain;
(3) factors affecting the potential for exposure of any population within 2,000 feet of the wastes such as, but not limited to, containment of the wastes, accessibility of the wastes, ground water use, wells, surface water use, existing and potential land use, sensitive environments, and critical habitats.
 
  Note:    Authority cited: Section 25156, Health and Safety Code. Reference:  Sections 25221, 25222, 25222.1, 25233 and 25234, Health and Safety Code. 
  
 



s 67391.1. Requirements for Land Use Covenants.
 (a) Except as provided in subsection (f) of this section, a land use covenant imposing appropriate limitations on land use shall be executed and recorded when:
(1) Facility closure, corrective action, remedial or removal action, or other response actions are undertaken pursuant to chapter 6.5, 6.8, or 6.85 of division 20 of the Health and Safety Code, or article 1 of chapter 1, part 10.5 of the Education Code; and
(2) Hazardous materials, hazardous wastes or constituents, or hazardous substances will remain at the property at levels which are not suitable for unrestricted use of the land.
(b) The Department shall not approve or concur in a response action decision document which includes limitations on land use or other institutional controls, unless the limitations or controls are clearly set forth and defined in the response action decision document. Except as provided in subsection (f) of this section, any response action decision document shall (1) specify that the limitations or controls will be incorporated into an appropriate land use covenant as required by this section and (2) include an implementation and enforcement plan. The Department shall provide public notice of the response action decision document in a manner that meets the requirements of Health and Safety Code section 25356.1(e)(2) or section 25398.6(i). DTSC will consult with local agencies, including local reuse authorities, as appropriate.
(c) Except as provided in subsection (f) of this section,
(1) The Department shall not certify that a response action has been satisfactorily completed, with the exception of any necessary long term operation and maintenance activities, until such land use covenants required by this section have been signed and recorded in the county, or
(2) The Department shall not acknowledge final certification of closure of a hazardous waste disposal unit until such land use covenants required by this section also meet the requirements of sections 66264.119 or 66265.119 as applicable.
(d) All land use covenants pursuant to this section shall be executed by the Department and the landowner and shall be recorded in the county where the land is located. All land use covenants shall run with the land pursuant to Civil Code section 1471 and/or Health and Safety Code sections 25202.5, 25222.1, 25355.5, or 25398.7 and 25396(l) and shall continue in perpetuity unless modified or terminated in accordance with applicable law.
(e) Federal Property.
(1) The Department shall not consider property owned by the federal government to be suitable for transfer to nonfederal entities pursuant to 42 United States Code section 9620(h)3-4 where hazardous materials, hazardous wastes or constituents, or hazardous substances remain at the property at levels which are not suitable for unrestricted use of the land, unless an appropriate land use covenant will be executed by the Department and the federal government and recorded in the county where the land is located in accordance with this section.
(2) Whenever the Department determines that it is not feasible to record a land use covenant for property owned by the federal government, such as transfers from one federal agency to another, the Department and federal government may use other mechanisms to ensure that future land use will be compatible with the levels of hazardous materials, hazardous wastes or constituents, or hazardous substances which remain on the property. Examples include: Amendments to the federal government facility master plan, physical monuments, or agreements between the federal government facility and the Department.
(f) Whenever the Department determines that it is not feasible to establish a land use covenant as a component of a remedy for a site, it may use other institutional control mechanisms to ensure that future land use will be compatible with the levels of hazardous materials, hazardous wastes or constituents, or hazardous substances which remain on the property.
(1) Examples include publicly owned tidelands trust property: such mechanisms may include, but are not limited to physical monuments, or a memorandum of agreement or consent agreement between the Department and the trustee for the tideland trust property.
(2) If the Department subsequently determines that it is feasible to record land use covenants for such sites, the Department shall ensure that the land use covenants are recorded in accordance with (d).
(g) Modification and Termination. The Department may modify or terminate land use covenants if it determines such modification or termination is protective of public health and safety and the environment.
(h) The Department shall require responsible parties, facility owners or operators, or project proponents involved in land use covenants to pay all costs associated with the administration of such controls.
(i) For purposes of this section:
(1) "Department" means the Department of Toxic Substances Control.
(2) "Federal property" means that property found in the Federal Property and Administrative Services Act of 1949, as amended, 40 United States Code sections 471 et seq.
(3) "Land use covenants" include easements, servitudes, covenants and restrictions which run with the land and restrict uses to protect public health and safety and the environment.
(4) "Response action decision document" means a remedial action plan, removal action workplan, record of decision, closure plan, documents written pursuant to a corrective action order or corrective action consent agreement, or other similar documents which formally select an action to be taken in response to the release or threatened release of hazardous materials, hazardous wastes or constituents, or hazardous substances.
(5) "Unrestricted use of the land" means that the land may be used for any purpose.
 
  Note: Authority cited: Sections 25351.5 and 25150, Health and Safety Code. Reference: Sections 25202.5, 25222.1, 25223, 25355.5, 25398.6 and 25398.7, Health and Safety Code. 
  

 



s 67400. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67400.1. Selection Criteria.
Candidate sites shall be selected for hazardous waste site ranking if:
(a) the site is presently not owned by the Federal Government; and
(b) the release or threatened release of a hazardous substance (as defined in  Health and Safety Code section 25316) at the site has been confirmed by the Department by means of on-site sampling conducted by the Department or other parties of the waste, soils, sediments, ground water, surface water or air.
 
  Note:    Authority cited: Section 25356(a), Health and Safety Code. Reference: Section 25356(a), Health and Safety Code. 
  
 



s 67400.2. Site Ranking Criteria.
Hazardous waste sites shall be ranked for remedial action according to the  "Uncontrolled Hazardous Waste Site Ranking System, A User's Manual" (1982) MTR -82W111, except that the "Hazardous Chemicals Data" NFPA 49-1975 as contained in either the 1977 or 1984 edition of the "Fire Protection Guide on Hazardous Materials" published by the National Fire Protection Association may be used instead of the National Fire Protection Association's National Fire Codes, Vol. 13, No. 49 (1977).
 
  Note:    Authority cited: Section 25356(a), Health and Safety Code. Reference: Section 25356(a), Health and Safety Code. 
  
 



s 67401. Definitions.
 
  Note: Authority cited: Sections 208 and 25150, Stats. 1994, c. 435 (S.B. 923), Section 3, Health and Safety Code. Reference: Sections 208 and 25150, Stats. 1994, c. 435 (S.B. 923), Section 3, Health and Safety Code. 
  
 



s 67401.1. Definitions.
 (a) When used in this article, unless otherwise defined in Health and Safety Code (H&SC) Section 25396, the following terms have the meanings given below:
(1) "Community benefit" means an equitable factor that will be used in conjunction with other equitable factors listed in H&SC Section 25398.8 that DTSC shall consider when conducting its apportionment of liability. Community benefit may consider protection of public health and the benefit to the environment that may be realized by members of the public and the affected community by implementation of the response action.
(2) "Department" means the Department of Toxic Substances Control.
(3) "Expedited Remedial Action Program" means the program that was created pursuant to H&SC Section 25396 et seq. of the Expedited Remedial Action Reform Act of 1994.
(4) "Fiscal Year" is the period of the year beginning July 1 and ending the following calendar year on June 30.
(5) "National Priorities List" means the list, compiled by the United States Environmental Protection Agency pursuant to the Comprehensive Environmental Response, Compensation, Liability Act of 1980 (42 U.S.C. Section 9605), of uncontrolled hazardous releases in the United States that are priorities for long-term remedial evaluation and response.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Section 25396, Health and Safety Code. 
  
 



s 67401.2. Response Costs.
 (a) Response costs are all costs described in subdivision (t) of H&SC Section 25396 including, but not limited to:
(1) The cost of preparing and reviewing a Preliminary Endangerment Assessment  (PEA) including, but not limited to, the cost of collecting, reviewing, and analyzing data or any activities necessary to complete the PEA.
(2) Costs associated with the Department's preparation of a recommendation to the Site Designation Committee pursuant to subdivision (b) of H&SC Section 25396.5.
(b) Response costs do not include:
(1) Fees and costs incurred by any responsible person associated with an arbitration or litigation.
(2) Fees and costs not directly related to and necessary to perform a response action.
(c) Subdivision (t) of H&SC Section 25396 shall not limit the Department's ability to recover past costs under Chapter 6.8 of the Health and Safety Code.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Section 25396(t), Health and Safety Code. 
  
 



s 67401.3. Requirements for a Completed Preliminary Endangerment Assessment.
 (a) In making its recommendation to the Site Designation Committee pursuant to Health and Safety Code section 25396.5, the Department shall consider the condition set forth in H&SC section 25396.6(b) to be satisfied if the responsible person or persons requesting selection of the site have submitted documents that the Department determines constitute a completed Preliminary Endangerment Assessment (PEA) and the PEA:
(1) provides sufficient information for the Department to determine that current or past waste management practices have resulted in the release or a threatened release of hazardous substances which pose a threat to public health or the environment; and
(2) provides sufficient information for the Department to conclude that significant response actions are necessary at the site; and
(3) includes an analysis of the scope and identity of the affected community.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Sections 25319.5 and 25396.6(b), Health and Safety Code. 
  
 



s 67401.4. Site Eligibility for the National Priorities List (NPL).
The Department may not recommend that a site be selected for remediation pursuant to the Expedited Remedial Action Program if the site is proposed to be listed or is listed on the National Priorities List pursuant to the procedures specified in 40 Code of Federal Regulations, Part 300.425.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Section 25396.6(c)(1), Health and Safety Code. 
  
 



s 67401.5. Termination of Agreements and Site Stabilization.
 (a) In the event that a responsible person who has entered into an enforceable agreement with the Department pursuant to H&SC Section 25398.2(b)(1) fails to comply with the agreement, the Department may terminate the agreement and remove the site from eligibility for response actions pursuant to the Expedited Remedial Action Program, and may direct that any further response actions at that site be taken pursuant to Chapter 6.8, Division 20, of the H&SC, unless one or more of any other responsible person agree to assume the noncomplying responsible person's responsibilities under the agreement.
(b) A responsible person who has entered into an enforceable agreement with the Department and who fails to comply with the agreement, shall take any action necessary to stabilize the site in order to protect public health and the environment, unless one or more of any responsible persons agree to assume the noncomplying responsible person's responsibilities the site under the agreement. Actions which are necessary to stabilize the site include, but are not limited to, the following:
(1) Action to preclude the possibility that the public can come in direct contact with hazardous substances either through ingestion, dermal absorption, or inhalation.
(2) Actions to prevent offsite migration of hazardous substances.
(c) Site stabilization activities shall be maintained by the responsible person to ensure protection of public health and the environment until the response action is complete.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Sections 25398.3(a) and 25398.2(b)(1)(D), Health and Safety Code. 
  
 



s 67401.6. Financial Assurance.
 (a) Any agreement entered into pursuant to H&SC Section 25398.2 shall require a responsible person to demonstrate to the Department the availability of adequate forms of financial assurance for response costs that will or may be assigned to the orphan share.
(b) Any responsible person who must comply with operation and maintenance requirements as part of a response action must demonstrate the availability of adequate forms of financial assurance prior to issuance of a certificate of completion.
(c) For the purposes of complying with subdivisions (a) or (b) of this section, the responsible person shall choose from one or more of the following options as specified below.
(1) Establish a trust fund as described in Section 66265.143(a).
(2) Obtain a surety bond as described in Section 66265.143(b).
(3) Obtain a letter of credit as described in Section 66265.143(c).
(4) Obtain insurance as described in Section 66265.143(d).
(5) Submit to the financial test and corporate guarantee as described in Section 66265.143(e).
(6) Or any other form of financial assurance deemed acceptable by the Department.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Sections 25396.6(c)(2) and 25398.2(b)(1)(B), Health and Safety Code. 
  
 



s 67401.7. Information Gathering and Access.
 (a) The Department may require any person identified to furnish and provide access to, upon reasonable notice, information or documents relating to the following matters:
(1) The identification, nature, and quantity of materials which have been, or are, generated, treated, stored, or disposed of at a site or which have been, or are, transported to a site.
(2) The nature or extent of a release or threatened release of a hazardous substance at or from a site.
(3) The identification of any person who may be responsible or have knowledge relating to a release or threatened release of a hazardous substance.
(b) The Department may require any responsible person to furnish, upon reasonable notice, information or documents relating to the following matter:
(1) Ability of a person to pay for or to perform a response action.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Sections 25185.6, 25358.1, 25398(b)(1) and 25398.9(c), Health and Safety Code. 
  
 



s 67401.8. Engineering Design
 (a) Pursuant to H&SC Section 25398.14, upon completion of an engineering design to implement an approved remedial action plan, the responsible person for the site shall submit the engineering design to the Department for approval. The Department shall approve, modify, request information, or deny in writing the engineering design within 60 days from the date of receipt.
(b) The Department shall approve an engineering design if the Department determines that the engineering design is consistent with the selected remedial alternative outlined in the approved Remedial Action Plan (RAP). If the engineering design is consistent with the technical and operational plans in the approved RAP and there is compliance with all federal, state, and local statutes, regulations, and ordinances then the Department will grant an approval.
(c) The Department shall request that the responsible person modify the engineering design if the Department determines that the engineering design does not contain sufficient information necessary to ensure that the engineering design is consistent with the approved remedial alternative selected in the RAP and compliance with all federal, state, and local statutes, regulations, and ordinances. The Department shall identify in writing deficiencies that must be addressed in the engineering design. A responsible person shall not implement the response action until the responsible person has made the modifications to the engineering design required by the Department.
(d) The Department shall not approve an engineering design if the Department determines that the engineering design is inconsistent with the selected remedial alternative outlined in the approved RAP.
(e) Any responsible person whose engineering design has been disapproved may request a meeting with the Department to discuss the reasons for the disapproval.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Section 25398.14, Health and Safety Code. 
  
 



s 67401.9. Orphan Share Determination.
The Department's recommendation as to whether a site should be selected for the Expedited Remedial Action Program shall include a determination of whether the site has an orphan share. For those sites already selected for the Expedited Remedial Action Program, the Department shall make a determination as to whether sites are an orphan share site within 30 days of the effective date of this regulation, unless that determination already has been made by the Department or the Site Designation Committee. No more than ten sites may be determined to have an orphan share.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Section 25396.5(b), Health and Safety Code. 
  
 



s 67401.10. Modification of Orphan Share Determination.
 (a) At the time the Department proposes an apportionment of liability for response costs at a site, it may change its determination regarding whether a site has an orphan share under the following circumstances:
(1) The Site was determined to have an orphan share pursuant to Section 67401.9 and the Department finds that no orphan share actually exists.
(2) The Site was determined not to have an orphan share pursuant to Section 67401.9 and the Department makes the following findings:
[A] An orphan share actually exists;
[B] Not more than ten sites, for which response actions are being conducted pursuant to the Expedited Response Action Program, have been determined to have an orphan share pursuant to Section 67401.9; and
[C] There are funds available in the trust fund to cover all response costs that will be assigned to the orphan share after payment of any claims already received for response costs that have been allocated to an orphan share at other sites in the Expedited Remedial Action Program.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Sections 25396(m), 25396.5(b) and 25398.8(a), Health and Safety Code. 
  
 



s 67401.11. Allocation of Orphan Share.
 (a) The following factors shall be used by the Department to determine when a responsible person cannot be located or identified, or when a responsible person is considered insolvent. The factors that shall guide the Department in allocating response costs to an orphan share shall include, but are not limited to, the following:
(1) A responsible person cannot be located when the Department determines that the responsible person is deceased and there are no assets remaining in the estate of the deceased, and there is no successor in liability.
(2) A responsible person shall be considered insolvent if the Department makes a finding pursuant to H&SC Section 25396(j).
(b) When allocating response costs to an orphan share, the Department shall apply a community benefit factor in conjunction with the established equitable factors listed in H&SC Section 25398.8(c). The community benefit factor includes consideration of the following:
(1) The relative threat posed by the site to public health and the environment.
(2) The community benefit realized by members of the public and the affected community as a result of the implementation of the response action.
 
  Note: Authority cited: Section 25396(m), Health and Safety Code;  Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25396(m) and 25398.8(c), Health and Safety Code. 
  
 



s 67401.12. Procedures for Filing Claims Against the Expedited Site Remediation Trust Fund.
 (a) Within 3 months after the Department has approved a request for a certificate of completion pursuant to H&SC Section 25398.15, responsible persons who entered into and are in compliance with an enforceable agreement with the Department pursuant to H&SC Section 25398.2(b)(1) may file a claim with the Department for reimbursement of the portion of the response action allocated to an orphan share pursuant to H&SC Section 25398.8. For purposes of this section, the Department will only accept one consolidated claim for a reimbursement of response costs allocated to an orphan share from responsible persons who have signed an enforceable agreement pursuant to H&SC Section 25398.2(b)(1). Responsible persons filing such a claim shall comply with the following claims procedures for reimbursement by the Expedited Site Remediation Trust Fund:
(1) The responsible person shall file a written claim with the Department. All claims must be filed with the Department by March 1 of each year to be considered for distribution of funds appropriated for that fiscal year.
(2) All claims filed by the responsible person shall include copies of the following: the enforceable agreement entered into pursuant to H&SC Section 25398.2(b)(1), the Department's apportionment of liability conducted pursuant to H&SC Section 25398.8, and an accounting of response costs defined in subdivision (t) of H&SC Section 25396 and Section 67401.2, and any other information requested by the Department deemed appropriate in determining the legitimacy of the claim.
 
  Note: Authority cited: Sections 25298.8(b) and 25399.1, Health and Safety Code; Stats. 1994, c. 435 (S.B. 923), Section 3. Reference: Sections 25396(m), 25398.8(b) and 25399.1, Health and Safety Code. 
  
 



s 67401.13. Distribution of Orphan Share.
 (a) Distribution of funds from the Expedited Site Remediation Trust Fund will be conducted annually. The distribution will only occur to the extent funds are available in the Expedited Site Remediation Trust Fund to pay claims received for response costs that have been allocated to an orphan share.
(b) No orphan share funds for a site shall be disbursed until all Department response costs incurred for that site have been paid.
(c) If the total of all approved claims for response costs that have been allocated to an orphan share for a fiscal year does not exceed the amount available in the Expedited Site Remediation Trust Fund, then each claim shall be fully funded.
(d) If the total of all approved claims for response costs that have been allocated to an orphan share for a fiscal year exceeds the amount available in the Expedited Site Remediation Trust Fund, then each claim shall be paid in the following manner:
(1) Payment of claims for those response costs that have been allocated to an orphan share shall be prorated based on the total sum of all approved orphan share claims for that fiscal year, except that all claims for amounts under $50,000.00 shall be paid in full, if there is a sufficient amount available in the Expedited Site Remediation Trust Fund.
(2) The balance of claims not fully paid in a fiscal year shall be carried over to subsequent fiscal years and either paid in full if funds are available in the Expedited Site Remediation Trust Fund, or prorated with claims from each year.
 
  Note: Authority cited: Stats. 1994, c. 435 (S.B. 923), Section 3. Reference:  Section 25396(m), Health and Safety Code. 
  
 



s 67403. Monitoring and Inspection for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67409. Closure and Post-Closure Care of Landfills at Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67410.1. Prohibition of Sale.
 (a) On or after January 1, 1979, no person in the State of California shall manufacture, formulate, package, import or receive from outside the State and sell or offer for sale within the State a material for use as a chemical toilet additive, as indicated on a label on the container or by any other representation by said person, which contains a nonbiodegradable toxic chemical substance.
(b) On or after January 1, 1979, no person shall sell or offer for sale at retail or wholesale within the State a material for use as a chemical toilet additive, as indicated on a label on the container or by any other representation relating to the sale of the material, which contains a nonbiodegradable toxic chemical substance.
(c) The foregoing provisions of this section shall not prohibit a person from selling or shipping to a person outside of the State a material for use as a chemical toilet additive, as indicated on a label on the container or by other representation, which contains a nonbiodegradable toxic chemical substance, which is manufactured, formulated, or packaged within the State; imported or received from outside of the State.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 67410.2. Prohibition of Use.
On or after January 1, 1979, no person shall use, or cause to be used, a material as a chemical toilet additive which contains a nonbiodegradable toxic chemical substance.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 67410.3. Criteria for Identifying a Toxic Chemical Substance.
 (a) A chemical substance shall be considered to be a toxic chemical for the purpose of this article if such substance satisfies any of the following criteria:
(1) the chemical substance has a 96-hour LC sub50   of 500 milligrams or less per liter as determined in soft water with fathead minnows (Pimephales promelas) or golden shiners (Notemigonus crysoleucas) by the method given in Part 810 of Standard Methods for the Examination of Water and Wastewater (14th Edition), or with another species of test fish or another test method approved by the Department.
(2) The chemical substance is regulated as a carcinogenicity hazard by the United States Occupational Safety and Health Administration pursuant to Title 29, Code of Federal Regulations.
(3) The chemical substance presents a hazard to public health or the environment through its bioaccumulative or chronic toxicity properties.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 67410.4. Criteria for Identifying a Nonbiodegradable Toxic Chemical Substance.
 a) A chemical substance shall be considered to be a nonbiodegradable toxic chemical substance for the purpose of this article if such chemical substance satisfies any of the following criteria:
(1) the chemical substance contains any of the following elements:
antimony   molybdenum
arsenic    nickel
barium     selenium
beryllium  silver
cadmium    thallium
chromium   titanium
cobalt     uranium
copper     vanadium
 Lead      zinc
mercury
 
(2) the chemical substance satisfies at least one of the criteria established in section 67410.3 and either:
(A) under conditions of the Five-Day Biochemical Oxygen Demand test method, as given in Part 507 of Standard Methods for the Examination of Water and Wastewater (14th or 16th editions) or in a modification of the method approved by the Department, using unadapted settled domestic wastewater seed, is degraded to the extent that its initial concentration in the test medium is reduced by less than fifty (50) percent. The extent of degradation shall be determined by an analysis which establishes to the satisfaction of the Department the percent of the test substance which is undegraded at the completion of the test;
(B) under conditions of the Five-Day Biochemical Oxygen Demand test method, as given in Part 507 of Standard Methods for the Examination of Water and Wastewater (14th or 16th editions) or of a modification of the method approved by the Department is degraded to a residue which contains a toxic chemical substance.
 
  Note:    Authority cited: Sections 208 and 25210, Health and Safety Code. Reference: Section 25210, Health and Safety Code. 
  
 



s 67410.5. Disclosure of Identity, Composition, and Properties.
 (a) At the request of the Department, the seller of a chemical toilet additive shall provide the Department with the brand name or other designation and the name and address of the producer or other supplier of each chemical toilet additive that the seller offers for sale.
(b) At the request of the Department, a person in the State of California who manufactures, formulates, packages, imports or receives from outside the State a material for sale within the State for use as a chemical toilet additive, as indicated on a label on the container or by any other representation by said person, shall disclose to the Department the names of all of the ingredients of the material and provide toxicological and biodegradability data which establish to the satisfaction of the Department whether the material contains any ingredient which is a nonbiodegradable toxic chemical substance.
(c) At the request of the Department, the user of a chemical toilet additive for the user's household purpose shall disclose to the Department the brand name or other designation of the additive and the name and address of its producer or seller.
(d) At the request of the Department, a person who uses a chemical toilet additive for other than that person's household purpose, including a person who maintains or services chemical toilets or chemical toilet waste holding tanks or who collects, transports, or disposes of chemical toilet wastes as a commercial business, as part of or incidental to a com mercial business, as a government agency, or for hire, shall disclose to the Department:
(1) the brand name or other designation of the chemical toilet additive used and the name and address of its producer or seller;
(2) the names of all ingredients of any material used as a chemical toilet additive which is not labeled on its container or in accompanying printed matter to indicate its use for such purpose, its brand name or other designation, and its producer or seller. At the request of the Department, the person shall also provide toxicological and biodegradability data which establish to the satisfaction of the Department whether the material contains any ingredient which is a nonbiodegradable toxic chemical substance.
(e) The chemical analyses and bioassay methods and procedures used in obtaining data and the quality and adequacy of the data which are submitted in compliance with this section shall be subject to approval of the Department.
 
  Note:    Authority cited: Section 25210, Health and Safety Code. Reference:  Section 25210, Health and Safety Code. 
  
 



s 67410.6. Enforcement and Inspections.
 (a) The requirements of this article shall be enforced as provided for under chapter 22.
(b) Inspections may be made of and samples taken from any factory, plant or other place where chemical toilet additives are manufactured, stored, sold, or used.
 
  Note:    Authority cited: Section 25210, Health and Safety Code . Reference: Section 25210, Health and Safety Code. 
  
 



s 67410.7. Applicability of Other Requirements of This Chapter.
Nothing in this article shall be construed to relieve a person from handling and managing a chemical toilet waste as a hazardous waste in accordance with the requirements of this chapter if the chemical toilet waste contains a hazardous material or is a hazardous waste as defined in section 66260.10, respectively, or is listed in either Appendix X to chapter 11, except that a person who produces, hauls, or disposes of chemical toilet waste shall be exempt from the requirements of section 66260.10 and chapters 12, 13, 14, 15, and 43 of this division if disposal of the waste is in accordance with the requirements of chapter 6, division 20, Health and Safety Code commencing with section 25000 and article 3, chapter 1, division 7.5, Water Code commencing with section 14040.
 
  Note:    Authority cited: Sections 208, 25150 and 25210, Health and Safety Code. Reference: Sections 25150 and 25210, Health and Safety Code. 
  
 



s 67411. General Operating Requirements for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67418. Closure and Post-Closure Care of Landfills at Interim Status Landfills.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159, 25159.5 and 25245, Health and Safety Code. 
  
 



s 67419. Surveying and Recordkeeping at Landfills at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67420. Special Requirements for Ignitable or Reactive Waste at Landfills at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67421. Special Requirements for Incompatible Wastes at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67422. Special Requirements for Liquid Waste at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67423. Special Requirements for Containers at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67424. Disposal of Small Containers of Hazardous Waste in Overpacked Drums (Lab Packs) at Landfills at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 



s 67425. Special Requirements for Nonliquid Waste at Permitted and Interim Status Facilities.
 
  Note:    Authority cited: Sections 208 and 25179.5, Health and Safety Code. Reference: Sections 25159, 25159.5, 25179.5(b) and 25179.9, Health and Safety Code. 
  
 



s 67426.1. Generator Requirements.
 (a) A generator of fluorescent light ballasts which contain PCBs who transports off-site no more than two fifty-five gallon drums per transportation vehicle shall be exempt from the standards set forth in Article 1, Article 2, and Article 4 of Chapter 12 of this division. The regulations in this chapter apply only to the management of light ballasts which contain PCBs.
(b) The generator of fluorescent light ballasts shall retain for three years a legible copy of each manifest or shipping document to document the transportation of hazardous waste consisting of fluorescent light ballasts which contain PCBs.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Section 25155, Health and Safety Code. 
  
 



s 67427.1. Exemption From Requirement for Extremely Hazardous Waste Disposal Permit.
Generators of fluorescent light ballasts which contain PCBs shall be exempt from filing for an Extremely Hazardous Waste Disposal Permit required by s 67430.1.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Section 25155, Health and Safety Code. 
  
 



s 67428.1. Transportation Requirements.
 (a) A transporter of twelve or fewer non-leaking fluorescent light ballasts which contain PCBs shall be exempt from Chapter 13 of this division provided that the containers which contain the ballasts do not include any other hazardous waste.
(b) A transporter of more than twelve non-leaking light ballasts which contain PCBs shall be exempt from Article 1 and Article 2 of Chapter 13 of this division pertaining to the transportation of a hazardous waste provided all of the following conditions are met:
(1) The transporter shall use a shipping paper which contains all the information required pursuant to Title 49, Code of Federal Regulations, Part 172, Subpart C to document the transportation of the fluorescent light ballasts. The shipping paper must accompany the shipments of fluorescent light ballasts.
(2) The total amount of fluorescent light ballasts which contain PCBs being transported is no more than two 55 gallon drums of non-leaking fluorescent light ballasts per load.
(3) The containers used for transportation of fluorescent light ballasts which contain PCBs meet all applicable federal and state regulations.
(4) When transporting hazardous waste consisting of fluorescent light ballasts which contain PCBs, the containers which contain the ballasts shall not include any other hazardous waste.
(5) Any discharges or spills of hazardous waste consisting of fluorescent light ballasts which contain PCBs shall be reported and cleaned up as required in Article 3, Chapter 13 of this division.
(6) The transporter of light ballasts shall retain for three years a legible copy of each manifest or shipping documents to document the transportation of hazardous waste consisting of fluorescent light ballasts which contain PCBs.
(c) Transfer of hazardous waste consisting of fluorescent light ballasts which contain PCBs from one container to another container is not subject to the requirements of this division provided the containers hold no other hazardous waste.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Section 25155, Health and Safety Code. 
  
 



s 67429.1. Disposal Requirements.
 (a) Disposal of fluorescent light ballasts which contain PCBs shall be in accordance with s 66268.110.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Section 25155, Health and Safety Code. 
  
 



s 67430.1. Requirement for Extremely Hazardous Waste Disposal Permit.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67430.2. Application for Extremely Hazardous Waste Disposal Permit.
 
  Note: Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67430.3. Removal of Spilled or Improperly Deposited Waste.
The Department may require the operator to remove from the disposal site and properly dispose of any extremely hazardous waste disposed of or applied on land, and any soil contacted by the waste, if the disposal or application of the waste was not consistent with the requirements of this chapter and the conditions of the Extremely Hazardous Waste Disposal Permit issued by the Department.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Sections 25150 and 25187, Health and Safety Code. 
  
 



s 67430.4. Recurring Disposal of Extremely Hazardous Waste.
The Department may grant a producer of an extremely hazardous waste an Extremely Hazardous Waste Disposal Permit, valid up to 12 months, that specifies approved methods for the handling and disposal of a specific extremely hazardous waste that is routinely produced.
 
  Note:    Authority cited: Sections 208 and 25150, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67440.1. Certification of Laboratories.
 
  Note: Authority cited: Sections 25173 and 25198.2(a), Health and Safety Code and Section 15376, Government Code. Reference: Sections 25198.3, 25198.5(a)(1) and (c) and 25198.7(a) and (b), Health and Safety Code and Section 15376, Government Code. 
  
 



s 67440.2. Test Categories.
 
  Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(1), Health and Safety Code. 
  
 



s 67440.3. Quality Assurance Program.
 
  Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(2), Health and Safety Code. 
  
 



s 67440.4. Laboratory Equipment.
 
  Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(3), Health and Safety Code. 
  
 



s 67440.5. Analytical Procedures.
 
  Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(4), Health and Safety Code. 
  
 



s 67440.6. Personnel Qualifications.
 
  Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(5), Health and Safety Code. 
  
 



s 67440.7. Proficiency Testing.
 
  Note: Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.5(c), Health and Safety Code. 
  
 



s 67450.1. Permit Requirement.
Permits are required for treatment of hazardous wastes using a Transportable Treatment Unit (TTU) or a Fixed Treatment Unit (FTU). However, the owner or operator of a TTU shall be deemed to have a permit to operate the TTU when the owner or operator complies with the requirements of section 67450.2(a). The owner or operator of a FTU shall be deemed to have a permit to operate the FTU when the owner or operator complies with the requirements of section 67450.2(b).
 
  Note: Authority cited: Sections 208 and 25200.2, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67450.2. Permit by Rule for TTUs and FTUs.
 (a) The owner or operator of a TTU that treats hazardous waste shall be deemed to have a permit when the owner or operator complies with subsections (a)(1), (a)(2) and (a) (4) of this section and receives an acknowledgement from the Department authorizing operation of the TTU pursuant to the subsection (a)(3) of this section.
(1) The owner or operator of a TTU that treats hazardous waste shall submit, in person or by certified mail with return receipt requested, four (4) complete initial Transportable Treatment Unit Permit by Rule/Conditional Exemption Unit-Specific Notifications (DTSC Form 1199, (1/96)) for each TTU to the Department of Toxic Substances Control, Unified Program Section, 400 "P" Street, P.O. Box 806, Sacramento, California 95812-0806. The initial notifications shall be submitted a minimum of forty-five (45) days prior to beginning the first treatment of waste with the TTU. Upon good cause shown by the owner or operator, the Department shall shorten the notification period.
(2) Each notification required by subsection (a) (1) of this section shall be completed, dated and signed according to the requirements of Section 66270.11 as those requirements apply to permit applications and shall be submitted with all of the following:
(A) Owner, operator and unit-specific information including: the name of the person(s) which own(s) and/or operate(s) the TTU, if different, the physical address or legal description of the location of each person which owns and/or operates the TTU, the mailing address and telephone number of each person which owns or operates the TTU, if different, TTU owner and operator contact person(s) and telephone number(s), TTU owner or operator identification number and Board of Equalization account number, identification of the specific waste type(s) to be treated, TTU serial number, identification of the treatment process(es) to be used, and a description of how the treatment unit operates (i.e. continuous, batch, intermittent, etc.)
(B) Financial assurance certification forms as required by section 67450.13; and
(C) The certifications specified in sections 66265.191(a) and 66265.192(a), if applicable.
(D) A statement documenting any convictions, judgments, settlements, or orders resulting from any action by any local, State, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code);
(3) The Department, within thirty (30) calendar days of receipt of unit-specific notifications submitted pursuant to subsection (a)(1) of this section, shall acknowledge, in writing, receipt of the notifications. The Department shall, in conjunction with the acknowledgement, authorize operation of the TTU subject to the requirements and conditions specified in sections 67450.3, 67450.9(b) and 67450.9(c), deny authorization to operate under a permit by rule pursuant to section 67450.9(a) or notify the owner or operator that the notifications are incomplete or inaccurate. If the notifications are incomplete or inaccurate, the Department shall specify what additional information or correction is needed. The Department shall authorize or deny authorization to operate as specified in this subsection within thirty (30) calendar days of receipt of the requested information or corrected notifications. The Department shall reject the notifications of any owner or operator who fails to provide the information or correction requested in the acknowledgement within ten (10) days of receipt of the acknowledgement. Upon good cause shown by the owner or operator, the Department shall grant the owner or operator additional time to provide the information or correction requested. An owner or operator whose notifications are rejected may submit new initial notifications.
(4) Each TTU owner or operator who is required to submit an initial notification to the Department pursuant to subsection (a)(1) of this section shall pay the initial notification fee established by Health and Safety Code section 25205.14, for each such notification within thirty (30) days after the date the fee is assessed by the Board of Equalization as specified in Revenue and Taxation Code Section 43152.10. For purposes of fee assessment, each set of four (4) notifications required by subsection (a)(1) of this section shall be considered a single notification.
(b) The owner or operator of a FTU that treats hazardous waste shall be deemed to have a permit when the owner or operator complies with subsections (b)(1), if applicable, (b)(2), (b)(3) and (b)(5) of this section, and receives an acknowledgement from CUPA or authorized agency authorizing operation of the FTU pursuant to subsection (b)(4) of this section.
(1) The owner or operator of a FTU that treats hazardous waste on or before January 1, 1992 and who intends to continue the treatment under permit by rule after January 1, 1992 shall submit, in person or by certified mail with return receipt requested, a Fixed Treatment Unit Permit by Rule Initial Notification of Intent to Operate (DTSC Form 1772 (1/96)) to the Department at the address specified in subsection (a)(1) of this section. The Initial Notification of Intent to Operate shall be submitted by February 1, 1992 and shall contain the following information:
(A) Name, mailing address, and telephone number of the owner and operator;
(B) Facility name and address or legal description of the facility location, identification number and Board of Equalization account number;
(C) A description of the specific waste type(s) treated; and
(D) A description of the treatment process(es) used;
(2) The owner or operator of a FTU that treats hazardous waste shall submit, in person or by certified mail with return receipt requested, the Onsite Hazardous Waste Treatment Notification-Facility page, the Business Activities Page, and the Business Owner/Operator Page of the Unified Program Consolidated Form (x/99)), an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, sections 15610 and 15620 to the CUPA or authorized agency. The Onsite Hazardous Waste Treatment Notification-Facility Page, Business Activities Page, and the Business Owner/Operator Page of the Unified Program Consolidated Form (x/99)), an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, sections 15610 and 15620 shall be submitted by a minimum of sixty (60) days prior to beginning the first treatment of waste pursuant to a permit-by-rule. The Onsite Hazardous Waste Treatment Notification-Facility Page, the Business Activities Page, and the Business Owner/Operator Page of the Unified Program Consolidated Form (x/99)), an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, sections 15610 and 15620 shall contain the information required in sections 66270.13(a), 66270.13(c), 66270.13(d), 66270.13(f), 66270.13(g) and 66270.13(m), as those sections apply to permit applications, and all of the information specified in subsection (b)(3) of this section. Businesses may report this information electronically, if the CUPA or authorized agency agrees and the business complies with Title 27, CCR, section 15187.
(3) Each notification required by subsection (b)(2) of this section shall be completed, dated, and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall be submitted with all of the following:
(A) A certification signed by the owner or operator specifying the local authorities that have been notified of the intended operation. At a minimum, the owner or operator shall notify the agency operating the POTW, if the treatment results in discharge to a POTW, and any other agency that requires notification for the operation of the FTU(s) at that facility;
(B) Treatment facility information including: name, mailing address, and telephone number of each owner and operator, facility name, address or legal description of the facility location, facility identification number and Board of Equalization account number, facility contact person(s) and telephone number(s), FTU contact person(s) and telephone number(s), plot plan detailing where the hazardous waste treatment(s) will occur, identification of the specific waste type(s) to be treated, and a description of the treatment process(es) to be used;
(C) Documentation that the facility operator has notified the property owner, if different, of the operation of the FTU(s);
(D) Financial assurance certification forms as required by section 67450.13;
(E) The documentation specified in section 67450.7;
(F) A statement documenting any convictions, judgments, settlements, or orders resulting from any action by any local, State, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code);
(G) The Onsite Hazardous Waste Treatment Notification-Unit page of the Unified Program Consolidated Form (x/99)), an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, sections 15610 and 15620. The Onsite Hazardous Waste Treatment Notification-Unit page of the Unified Program Consolidated Form (x/99)), an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, sections 15610 and 15620 shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications and shall include the FTU serial number, identification of the waste treatment process(es) to be used, the quantity of influent waste, the quantity and disposition of treatment effluents or residuals, a description of how the treatment unit operates (i.e., continuous, batch, intermittent, etc.), the hours of operation of the treatment unit, identification of whether the unit is a tank or container, the basis for determining that a hazardous waste facility permit is not required under the federal act, and the certification specified in sections 66262.45(c), 66264.175(c), 66265.191(a) and 66265.192(a), if applicable. Businesses may report this information electronically, if the CUPA or authorized agency agrees and the business complies with Title 27, CCR, section 15187. For the purposes of the notification required under this subsection, if the owner or operator of the FTU is unable to complete the certifications required by sections 66264.175(c), 66265.191(a), or 66265.192(a) before April 1, 1993 because of a need to complete physical construction, then the owner or operator shall submit a schedule of compliance in writing, signed according to the requirements of section 66270.11, by April 1, 1993. Construction must be completed and the required certifications submitted to the Department on or before July 1, 1993 unless the owner or operator is granted a variance from this requirement pursuant to Health and Safety Code section 25143 on or before April 1, 1993. During construction persons treating hazardous waste in tanks must maintain compliance with section 66265.196. The schedule of compliance shall specify the following information:
1. The reasons why the owner or operator cannot comply with the certification requirements by April 1, 1993; and
2. The actions the owner or operator will take to obtain the required certifications and submit those certifications to the Department; and
3. A schedule setting forth dates for key actions such as executing contracts for services, obtaining local permits for construction activities, executing contracts for construction, and completion of physical construction.
(4) The Department, within forty-five (45) calendar days of receipt of a notification submitted pursuant to subsection (b)(2) of this section, shall acknowledge, in writing, receipt of the notification. The Department shall, in conjunction with the acknowledgement, authorize operation of the FTU subject to the requirements and conditions specified in sections 67450.3, 67450.7 and 67450.9(b) and 67450.9(c), deny authorization to operate under a permit by rule pursuant to section 67450.9(a) or notify the owner or operator that the notification is incomplete or inaccurate. If the notification is incomplete or inaccurate, the Department shall specify what additional information or correction is needed. The Department shall authorize or deny authorization to operate as specified in this subsection within forty-five (45) days of receipt of the requested information or corrected notification. The Department shall reject the notification of any owner or operator who fails to provide the information or correction requested in the acknowledgement within ten (10) days of receipt of the acknowledgement. Upon good cause shown by the owner or operator, the Department shall grant the owner or operator additional time to provide the information or correction requested. An owner or operator whose notification is rejected may submit a new initial notification.
(5) Each FTU owner or operator who is required to submit a notification to the Department pursuant to subsection (b)(1) of this section shall pay the notification fee established by Health and Safety Code section 25205.14 for each such notification within thirty (30) days after the date the fee is assessed by the Board of Equalization, except as provided in (b)(6) of this section, as specified in Revenue and Taxation Code Section 43152.10. For purposes of fee assessment, the Unit-Specific Notification(s) required by subsection (b)(3)(F) of this section shall be considered part of the Facility-Specific Notification required by subsection (b)(2) of this section.
 
  Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code. Reference: Sections 25112.5, 25150, 25185.6, 25186, 25200, 25200.2, 25200.10, 25202.9, 25205.1, 25205.7 and 25205.14, Health and Safety Code. 
  
 



s 67450.3. Requirements Applicable to Fixed and Transportable Treatment Units Deemed to Have a Permit by Rule.
 (a) The owner or operator of a transportable treatment unit (TTU) deemed to hold a permit by rule pursuant to section 67450.2(a) shall do all of the following:
(1) Submit, in person or by certified mail with return receipt requested, four  (4) complete annual Transportable Treatment Unit (TTU) Permit by Rule/Conditional Exemption Unit-Specific Notifications (DTSC Form 1199, (1/96)) to the Department at the address specified in section 67450.2(a)(1), by March 1 of each year following the year in which the initial unit-specific notifications required by section 67450.2(a)(1) are submitted unless the Department notifies the owner or operator, in writing, of an alternate submittal date. Each annual notification shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications and shall contain all of the information specified in section 67450.2(a)(2).
(2) Submit, in person or by certified mail with return receipt requested, four  (4) complete amended TTU Permit by Rule/Conditional Exemption Unit-Specific Notifications (DTSC Form 1197, (1/96)) to the Department at the address specified in section 67450.2(a)(1), within thirty (30) days of any change to the information contained in the most recent unit-specific notification. Each amended notification shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications and shall contain all of the information specified in section 67450.2(a)(2).
(3) Submit, in person or by certified mail with return receipt requested, a Transportable Treatment Unit (TTU) Permit by Rule Site-Specific Notification (DTSC Form 1197 (1/96)) to the Department at the address specified in section 67450.2(a)(1) for each site where the TTU will perform treatment. The site-specific notification shall be submitted at least twenty-one (21) days prior to each site visit. Upon good cause shown by the owner or operator, the Department shall shorten the notification period. Each site-specific notification shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall contain all of the following:
(A) The name, physical address and telephone number of the owner and operator, if different, the mailing address of the owner and operator, if different, the TTU serial number, owner or operator identification number and Board of Equalization account number, site or facility name, address or legal description of the site or facility location, site or facility identification number, site or facility contact person(s) and telephone number(s), the information required by section 66270.13(c), identification of the influent waste(s), identification of the type of business generating waste(s) to be treated by the TTU, a plot plan detailing where the hazardous waste treatment will occur, the anticipated time periods(s) the unit will be at the site or facility, the anticipated date(s) and hour(s) the unit will be in operation, a description of the hazardous waste(s) to be treated, and an estimate of the quantity or volume of hazardous waste(s) to be treated, an estimate of the quantity or volume of treatment effluents or residuals that will be discharged to a POTW, an estimate of the volume or quantity of treatment effluents or residuals that will not be discharged to a POTW, an explanation of how all treatment effluents or residuals will be managed, and the basis for determining that a hazardous waste facility permit is not required under the federal act.
(B) A certification, signed by the owner or operator, specifying the local authorities that have been notified of the intended date(s) of operation. At a minimum, the owner or operator shall notify the Certified Unified Program Agency (CUPA) or authorized agency, the agency operating the POTW, if the treatment results in discharge to a POTW, and any other agency that requires notification for the operation of the TTU at that site or facility;
(C) A copy of any local Air District permit and other permits required for the operation of the TTU;
(D) Documentation that the property owner, if different from the facility operator, has been notified of the operation of the TTU;
(E) The certifications specified in sections 66262.45 and 66264.175(c), if applicable; and
(F) The documentation specified in section 67450.7, if applicable.
(4) Submit, in person or by certified mail with return receipt requested, an amended TTU Permit by Rule Site-Specific Notification (DTSC Form 1197, (1/96)) to the Department at the address specified in section 67450.2(a)(1) whenever there is any change to information contained in the preceding Site-Specific Notification for the site or facility where the TTU is operating or proposing to operate. An amended notification shall not be required when the change to information contained in a preceding notification is limited to a change in the period of operation specified pursuant to subsection (a)(3)(A) of this section and the Department has granted an extension pursuant to subsection (a)(8)(A) or (a)(8)(B) of this section. Each amended notification submitted pursuant to this subsection shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications and shall contain all of the information specified in subsection (a)(3) of this section.
(5) Submit the notification fee required by Health and Safety Code section 25205.14. Each TTU owner or operator who is required to submit a notification to the Department pursuant to this section shall pay 100 percent of the initial notification fee established by Health and Safety Code section 25205.14, for each notification required pursuant to subsection (a)(1) of this section within thirty (30) days after the date the fee is assessed by the Board of Equalization as specified in Revenue and Taxation Code section 43152.10. For purposes of fee assessment each set of notifications required by subsections (a)(1) and (a)(2) of this section shall be considered a single notification.
(6) Restrict treatment to those processes and wastes listed in section 67450.11;
(7) Discharge any effluent or treatment residual as follows:
(A) To a publicly owned treatment works (POTW) in accordance with all applicable industrial waste discharge requirements issued by the agency operating the POTW. Hazardous wastes shall not be discharged to a POTW unless the POTW is authorized to receive the hazardous waste and the discharge of hazardous waste is specifically approved in writing by the agency operating the POTW. The facility owner or operator shall inform the agency operating the POTW of the time, volume, content, characteristics and point of the discharge; or
(B) In accordance with waste discharge requirements issued by a Regional Water Quality Control Board; or a National Pollutant Discharge Elimination System (NPDES) permit; or
(C) To a treatment, storage or disposal facility authorized to receive the waste; or
(D) In accordance with any other applicable state law allowing alternative disposition of the effluent or treatment residual.
(8) Treat only waste which is generated onsite. A residual material from treatment of a hazardous waste generated offsite is not a waste that has been generated onsite. Limit the operation of the TTU as specified in subsection (a)(8)(A) or subsection (a)(8)(B) of this section.
(A) TTUs may be stationed and operated at an on-site facility, or at an off-site facility if the following conditions are met:
1. TTUs shall not be operated at any single on-site or off-site facility for more than one year. Upon good cause shown by the owner or operator, the Department shall grant up to two extensions, of six months duration, to the period of operation specified pursuant to subsection (a)(3)(A) of this section.
2. A TTU operating under a permit by rule shall only treat waste at an off-site facility if that off-site facility has a permit or other grant of authorization to manage the same wastestream with the treatment process to be used by the TTU.
3. When operating at an off-site facility, the total processing rate for any wastestream, including all approved fixed units and all TTUs, shall not exceed, at any time, the capacity stated in the off-site facility's permit or other grant of authorization.
(B) A TTU may be stationed and operated at a hazardous substance release site or on-site or off-site facility as part of a site remediation, corrective action or closure activity for a maximum of one (1) calendar year. Upon good cause shown by the owner or operator, the Department shall grant up to two extensions, of six months duration each, to the period of operation specified pursuant to subsection (a)(3)(A) of this section.
(9) Permanently mark the exterior of each TTU with the name of the person which owns or operates the TTU, owner or operator identification number and an individual serial number;
(10) Maintain the documents specified below at the site or facility where the TTU is operating. The owner or operator shall make these documents available upon demand at the site or facility to any representative of the Department, the U.S. Environmental Protection Agency (EPA) or a local governmental agency. A copy of these documents shall be delivered in person or by certified mail with return receipt requested to the Department when requested in writing by the Department. Any request from the Department shall specify the documents which are required, where and how to submit the required documents and the date by which the documents shall be submitted. The documents include:
(A) A waste analysis plan for the treatment operation as specified in section 66265.13(b);
(B) A written inspection schedule as specified in section 66265.15(b);
(C) Training documents as specified in section 66265.16(d)(3) as they pertain to the operator(s);
(D) A contingency plan which contains the information specified in section 66265.52;
(E) A copy of the most recent Unit-Specific Notification submitted as required by sections 67450.2(a)(1), 67450.3(a)(1) and 67450.3(a)(2), a copy of the most recent acknowledgement received from the Department pursuant to sections 67450.2(a)(3) and 67450.3(b), a copy of the most recent Site-Specific Notification as specified in sections 67450.3(a)(3) and 67450.3(a)(4), and a copy of the most recent corresponding acknowledgement received from the Department pursuant to section 67450.3(b);
(F) A copy of the closure plan required by subsection (a)(13)(B) of this section;
(G) A copy of documents related to the environmental investigation and any cleanup, abatement or other necessary remedial action taken pursuant to section 67450.7, if applicable.
(H) Documentation of any convictions, judgments, settlements, or orders resulting from any action by any local, State, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code);
(11) Maintain compliance with sections 66264.175, 66265.148, 67450.7, 67450.13 and and with the following regulations in chapter 15 of this division, including those referring to permit applications:
(A) Article 2. General Facility Standards (except for section 66265.25);
(B) Article 3. Preparedness and Prevention;
(C) Article 4. Contingency Plan and Emergency Procedures;
(D) Article 5. Manifest System, Recordkeeping and Reporting (except for sections 66265.73(b)(2), 66265.73(b)(6), 66265.73(b)(7), 66265.73(b)(15) and 66265.75);
(E) Article 9. Use and Management of Containers;
(F) Article 10. Tank Systems (except that the contingent plan for post-closure required by section 66265.197(c)(2) shall be maintained with the closure plan required by subsection (a)(13)(B) of this section);
(G) Article 16. Thermal Treatment;
(H) Article 17. Chemical, Physical, and Biological Treatment.
(12) Prepare and submit an annual report to the Department when requested by the Department. The annual report shall be delivered in person or by certified mail with return receipt requested to the Department when requested in writing by the Department. The request from the Department shall specify where and how to submit the annual report and the date by which the annual report shall be submitted. The report shall be dated, and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for each site or facility where treatment was performed during the calendar year preceding the Department's request:
(A) The serial number(s) of the TTU(s) involved in the treatment;
(B) The physical and mailing address of the person which owns or operates the TTU(s) and the TTU owner's or operator's identification number;
(C) The name, title and phone number of each TTU contact person;
(D) The name and address or legal description of each site or facility;
(E) The site or facility identification number(s), when applicable;
(F) The number of days each TTU was operated;
(G) The quantity of hazardous waste(s) treated by each TTU;
(H) The composition and hazardous characteristics of the influent hazardous waste(s);
(I) The treatment method(s) used for each hazardous waste treated by each TTU;
(J) The quantity, composition and hazardous characteristic(s) of any treatment effluent or residual discharged from each TTU to a POTW, if applicable; and
(K) The quantity, composition, hazardous characteristic(s) and disposition of any TTU treatment effluent or residual that was not discharged to a POTW, if applicable.
(13) Maintain compliance with the following requirements regarding closure:
(A) Sections 66264.178, 66265.111(a) and 66265.111(b), in the same manner as those sections apply to facilities and section 66265.114;
(B) The TTU owner or operator shall have a written closure plan. The closure plan shall include:
1. A description of how and when each TTU will be closed. The description shall identify the maximum extent of the operation during the life of the TTU(s), and how the applicable requirements of sections 66264.178, 66265.114, 66265.197 and 66265.404 will be met;
2. A description of the steps needed to decontaminate the treatment equipment during closure; and
3. An estimate of the expected year of closure and a schedule for final closure. The schedule for final closure shall include, at a minimum, the total time required to close the TTU(s).
(C) The TTU owner or operator shall amend the closure plan at any time during the active life of the TTU(s) (the active life of a TTU is that period during which wastes are periodically treated) when changes in operating plans or TTU design affect the closure plan, or whenever there is a change in the expected year of closure.
(D) Within ninety (90) days after treating the final volume of hazardous waste, the TTU owner or operator shall treat or remove from the TTU(s), all hazardous waste in accordance with the closure plan and the applicable requirements of this chapter unless the owner or operator demonstrates to the Department that the activities required to treat and/or remove all hazardous waste from the TTU(s) will require longer than ninety (90) days.
(E) The TTU owner or operator shall  complete closure activities in accordance with the closure plan within 180 days after treating the final volume of hazardous waste unless the owner or operator demonstrates to the Department that the activities required to complete the closure will require longer than 180 days to complete.
(F) The TTU owner or operator shall notify the Department, the Certified Unified Program Agency (CUPA) or if there is no CUPA, then the officer or agency authorized pursuant to subdivision (f) of Health and Safety Code Section 25404.3 to implement and enforce the requirements of Health and Safety Code Section 25404(c)(1), and any other agencies having jurisdiction over the closure project at least fifteen (15) days prior to completion of closure; and
(G) The TTU owner or operator shall remain in compliance with the applicable requirements of this section until the owner or operator submits to the Department a certification signed by the owner or operator and by an independent, professional engineer registered in California, that closure has been completed in accordance with the closure plan and that the closure plan meets or exceeds the applicable requirements of this chapter.
(14) If treatment will be conducted in containers, the containment requirements of section 66264.175 applicable to transfer and storage areas shall be complied with for areas where treatment occurs.
(b) The Department, within thirty (30) calendar days of receipt of an annual or amended notification submitted pursuant to subsection (a)(1) or (a)(2) of this section, or within ten (10) calendar days of receipt of a site-specific notification submitted pursuant to subsection (a)(3) or (a)(4) of this section, shall acknowledge, in writing, receipt of the notification. The Department shall, in conjunction with the acknowledgement, authorize or reauthorize operation of the TTU subject to the requirements of this section and sections 67450.7, 67450.9(b) and 67450.9(c), terminate or deny authorization or reauthorization to operate under a permit by rule pursuant to section 67450.9(a) or notify the owner or operator that the notification is incomplete or inaccurate. If the notification is incomplete or inaccurate, the Department shall specify what additional information or correction is needed. The Department shall authorize or reauthorize, or deny authorization or reauthorization to operate as specified in this subsection within thirty (30) calendar days of receipt of the requested information or correction for notifications submitted pursuant to subsections (a)(1) and (a)(2) of this section, and within ten (10) calendar days of receipt of the requested information or correction for notifications submitted pursuant to subsections (a)(3) or (a)(4) of this section. The Department shall reject the notification of any owner or operator who fails to provide the information or correction requested within ten (10) days of receipt of the acknowledgement. Upon good cause shown by the owner or operator, the Department shall grant the owner or operator additional time to provide the information or correction requested. An owner or operator whose notification is rejected may submit a new notification.
(c) The owner or operator of a fixed treatment unit (FTU) deemed to hold a permit by rule pursuant to section 67450.2(b) shall do all of the following:
(1) Submit, in person or by certified mail with return receipt requested, the annual Onsite Hazardous Waste Treatment Notification page, Business Activities Page, and the Business Owner/Operator Page of the Unified Program Consolidated Form (x/99), an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, Sections 15610 and 15620 to CUPA or authorized agency, by January 1, 1994, or by January 1 of each year following the first treatment of waste with the FTU, and by January 1 of each subsequent year unless CUPA or authorized agency notifies the owner or operator, in writing, of an alternate submittal date. Each annual notification shall be completed, dated and signed according to the requirements of Section 66270.11 as those requirements apply to permit applications and, except as provided by subsection (c)(9) of this section, shall contain all of the information specified in Section 67450.2(b)(3). Businesses may report this information electronically, if the CUPA or authorized agency agrees and the business complies with Title 27, CCR, Section 15187.
(2) Submit, in person or by certified mail with return receipt requested, an amended Onsite Hazardous Waste Treatment Notification page, Business Activities Page, and the Business Owner/Operator Page of the Unified Program Consolidated Form (x/99), an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, Sections 15610 and 15620 to CUPA or authorized agency, within thirty (30) days of any change to the information contained in the most recent notification. Each amended notification shall be completed, dated and signed according to the requirements of section 66270.11 as those requirements apply to permit applications and, except as provided by subsection (c)(9) of this section, shall contain all of the information specified in section 67450.2(b)(3). Businesses may report this information electronically, if the CUPA or authorized agency agrees and Title 27, CCR, Section 15187 is complied with.
(3) Submit the notification fee required by Health and Safety Code section 25205.14(a). Each FTU owner or operator who is required to submit a notification to the Department pursuant to this section shall pay 100 percent of the notification fee established by Health and Safety Code section 25205.14(a) for each notification required by subsection (c)(1) of this section within thirty (30) days after the date the fee is assessed by the Board of Equalization, except as provided in section 67450.2(b)(7), as specified in Revenue and Taxation Code section 43152.10.
(4) Restrict treatment to those processes and wastes listed in section  67450.11;
(5) Discharge any effluent or treatment residual as follows:
(A) To a publicly-owned treatment works (POTW) in accordance with all applicable industrial waste discharge requirements issued by the agency operating the POTW. Hazardous waste shall not be discharged to a POTW unless the POTW is authorized to receive the hazardous waste and the discharge of the hazardous waste is specifically approved in writing by the agency operating the POTW. The FTU owner or operator shall inform the agency operating the POTW of the time, volume, content, characteristics and point of the discharge; or
(B) In accordance with waste discharge requirements issued by a Regional Water Quality Control Board or a National Pollutant Discharge Elimination System (NPDES) permit; or
(C) To a treatment, storage or disposal facility authorized to receive the waste; or
(D) In accordance with any other applicable state law allowing alternative disposition of the effluent or treatment residual.
(6) Operate the FTU at the same facility where the waste being treated is generated. A facility which accepts waste which is not generated on-site for treatment, storage or disposal is not eligible to operate a FTU pursuant to a permit by rule.
(7) Permanently mark the exterior of each FTU with the name of the person which owns or operates the FTU, facility identification number and an individual serial number.
(8) Maintain the documents specified below at the facility where the FTU is operating. The owner or operator shall make these documents available upon demand at the facility to any representative of the CUPA or authorized agency, Department, the EPA or a local governmental agency. A copy of these documents shall be delivered in person or by certified mail with return receipt requested to the Department, CUPA or authorized agency when requested in writing by the Department, CUPA or authorized agency. The request from the Department, CUPA or authorized agency shall specify the documents which are required, where and how to submit the required documents and the date by which the documents shall be submitted. The documents include:
(A) A waste analysis plan for the treatment operation as specified in section 66265.13(b)
(B) A written inspection schedule as specified in section 66265.15(b);
(C) Training documents as specified in section 66265.16(d)(3);
(D) A contingency plan which contains the information specified in section 66265.52;
(E) A copy of the most recent notification submitted as required by sections 67450.2(b)(2), 67450.3(c)(1) and 67450.3(c)(2) and a copy of the most recent acknowledgement received from the Department, CUPA or authorized agency pursuant to sections 67450.2(b)(2) and 67450.3(d);
(F) A copy of any local Air District permit and other permits required for the operation of the FTU;
(G) A copy of the closure plan required by subsection (c)(11)(B) of this section;
(H) A copy of documents related to the environmental investigation and any cleanup, abatement or other necessary remedial action taken pursuant to section 67450.7;
(I) Documentation of any convictions, judgments, settlements, or orders resulting from any action by any local, State, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code);
(9) Maintain compliance with sections 66264.175, 66265.148, 67450.7, 67450.13, and 66265.404 and with the following regulations in chapter 15 of this division, including those referring to permit applications:
(A) Article 2. General Facility Standards;
(B) Article 3. Preparedness and Prevention;
(C) Article 4. Contingency Plan and Emergency Procedures;
(D) Article 5. Manifest System, Recordkeeping and Reporting (except sections 66265.73(b)(2), 66265.73(b)(6), 66265.73(b)(7), 66265.73(b)(15) and 66265.75);
(E) Article 9. Use and Management of Containers;
(F) Article 10. Tank Systems (except that the contingent plan for post-closure required by section 66265.197(c)(2) shall be maintained with the closure plan required by subsection (b)(12)(B) of this section);
(G) Article 16. Thermal Treatment;
(H) Article 17. Chemical, Physical, and Biological Treatment.
(10) Prepare and submit an annual report to CUPA or authorized agency when requested by CUPA or authorized agency. The annual report shall be delivered in person or by certified mail with return receipt requested to CUPA or authorized agency when requested in writing by CUPA or authorized agency. The request from CUPA or authorized agency shall specify where and how to submit the annual report and the date by which the annual report shall be submitted. The report shall be dated, and signed according to the requirements of section 66270.11 as those requirements apply to permit applications, and shall include the following information for each FTU which performed treatment during the calendar year preceding CUPA or authorized agency's request:
(A) The serial number(s) of the FTU(s) involved in treatment;
(B) The physical and mailing address of the business entity which owns or operates the FTU(s);
(C) The name, title and telephone number of each FTU contact person;
(D) The name and address or legal description of the facility;
(E) The facility identification number;
(F) The number of days each FTU was operated;
(G) The quantity of hazardous waste(s) treated by each FTU;
(H) The composition and hazardous characteristics of the influent hazardous waste(s);
(I) The treatment method(s) used for each hazardous waste treated by each FTU;
(J) The quantity, composition and hazardous characteristic(s) of any treatment effluent or residual discharged from each FTU to a POTW, if applicable; and
(K) The quantity, composition, hazardous characteristic(s) and disposition of any FTU treatment effluent or residual that was not discharged to a POTW, if applicable.
(11) Maintain compliance with the following requirements regarding closure:
(A) Sections 66264.178, 66265.111(a) and 66265.111(b), in the same manner as those sections apply to facilities and section 66265.114;
(B) The FTU owner or operator shall have a written closure plan. The closure plan shall include:
1. A description of how and when each FTU will be closed. The description shall identify the maximum extent of the operation during the life of the FTU(s), and how the applicable requirements of sections 66264.178, 66265.114, 66265.197(a), 66265.197(b), (c)(1) and (c)(2) and 66265.404 will be met;
2. An estimate of the maximum inventory of waste in storage and in treatment at any time during the operation of the FTU(s) at the facility;
3. A description of the steps needed to decontaminate the treatment equipment during closure; and
4. An estimate of the expected year of closure and a schedule for final closure. The schedule for final closure shall include, at a minimum, the total time required to close each FTU.
(C) The FTU owner or operator shall maintain the closure plan in compliance with section 66265.112(c);
(D) Within ninety (90) days after treating the final volume of hazardous waste, the FTU owner or operator shall treat, remove from the facility, or dispose of on-site, all hazardous waste in accordance with the closure plan and the applicable requirements of this chapter unless the owner or operator demonstrates to CUPA or authorized agency that the activities required to complete the closure will require longer than ninety (90) days, or the FTU has the capacity to treat additional wastes, or there is a reasonable likelihood that a person other than the owner or operator will recommence operation of the FTU(s), and closure of the FTU(s) would be incompatible with the operation of the facility, and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment;
(E) The FTU owner or operator shall complete closure activities in accordance with the closure plan within 180 days after treating the final volume of hazardous waste unless the owner or operator demonstrates to CUPA or authorized agency that the activities required to complete the closure will require longer than 180 days to complete, or the FTU has the capacity to treat additional wastes, or there is a reasonable likelihood that a person other than the owner or operator will recommence operation of the FTU(s), and closure of the FTU(s) would be incompatible with the operation of the facility, and the owner or operator has taken and will continue to take all steps necessary to prevent threats to human health and the environment;
(F) The FTU owner or operator shall notify the CUPA or authorized agency and any other agencies having jurisdiction over the closure project at least fifteen (15) days prior to completion of closure; and
(G) The FTU owner or operator shall remain in compliance with all applicable requirements of this section until the owner or operator submits to CUPA or authorized agency a certification signed by the owner or operator and by an independent, professional engineer registered in California, that closure has been completed in accordance with the closure plan and that the closure plan meets or exceeds the applicable requirements of this chapter.
(12) If treatment will be conducted in containers, the containment requirements of sections 66264.175 applicable to transfer and storage areas shall be complied with for areas where treatment occurs.
(d) CUPA or authorized agency, within forty-five (45) calendar days of receipt of an annual or amended notification submitted pursuant to subsection (c)(1) or (c)(2) of this section, shall acknowledge in writing receipt of the notification. CUPA or authorized agency shall, in conjunction with the acknowledgement, reauthorize operation of the FTU subject to the requirements of this section and sections 67450.7 and 67450.9(b) and (c), terminate or deny reauthorization to operate under permit by rule pursuant to section 67450.9(a) or notify the owner or operator that the notification is incomplete or inaccurate. If the notification is incomplete or inaccurate, CUPA or authorized agency shall specify what additional information or correction is needed. CUPA or authorized agency shall reauthorize or deny reauthorization to operate as specified in this subsection within forty-five (45) calendar days of receipt of the requested information or corrected notifications. CUPA or authorized agency shall reject the notification of any owner or operator who fails to provide the information or correction requested within ten (10) days of receipt of the acknowledgement. Upon good cause shown by the owner or operator, CUPA or authorized agency shall grant the owner or operator additional time to provide the information or correction requested. An owner or operator whose notification is rejected may submit a new notification.
 
  Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code.  Reference: Sections 25112.5, 25150, 25185.6, 25186, 25200, 25200.2, 25202.9, 25205.1 and 25245.4, Health and Safety Code. 
  
 



s 67450.4. Requirements Applicable to Temporary Household Hazardous Waste Collection Facilities Deemed to Have a Permit by Rule.
 (a) The operator of a temporary household hazardous waste collection facility  (THHWCF) deemed to have a permit by rule pursuant to Section 66270.60(d)(5) may accept only the classifications of wastes listed in subsections (a)(1) through (a)(4) of this section. The operator of a THHWCF may choose not to accept any given classification of waste (such as but not limited to compressed gas cylinders, explosives, infectious or radioactive wastes). If wastes are accepted which, in addition to being regulated as hazardous wastes, are otherwise regulated, they must be managed in accordance with the regulations of all appropriate federal, state and local agencies.
(1) Household hazardous waste;
(2) Pursuant to Health and Safety Code Section 25158.1(a), hazardous waste that is generated by small quantity commercial sources;
(3) Extremely hazardous wastes if they are managed in accordance with the requirements of Chapter 43 of this division. Additionally, participating small quantity commercial source generators must themselves comply with the requirements of Chapters 12, 13 and 43 of this division for the transport of extremely hazardous wastes to the THHWCF; and
(4) Unidentified household hazardous wastes if upon receipt they are analyzed to determine the hazardous characteristics of the waste for subsequent sorting and packaging as appropriate.
(b) The operator of a THHWCF shall prepare, maintain at the facility, and operate in compliance with an operation plan as specified below. The operator shall make the operation plan available upon demand to any representative of the Department, the U.S. EPA or local governmental agency including  the CUPA or authorized agency. A copy of the operation plan shall also be delivered in person or by certified mail with return receipt requested to CUPA or authorized agency when requested by CUPA or authorized agency. Any request from CUPA or authorized agency shall specify the documents which are required, where and how to submit the required documents, and the date by which the documents shall be submitted. The operation plan shall include:
(1) a description of the location and the address of the THHWCF;
(2) a copy of a map showing the general THHWCF perimeters and traffic pattern. The map shall include all of the information as specified in Sections 66270.14(b)(18)(A), (F), (G), (H), (J) and (L);
(3) a list of the days and hours of operation including alternate dates as appropriate;
(4) the name, address and identification number of the THHWCF;
(5) the name, address and telephone number of the contact person for the THHWCF,
(6) the agency or contractor which will be providing the site supervisor(s) for the THHWCF(s). The name(s) of the individual site supervisor(s) for each THHWCF session must be recorded in the operation plan on or before the date of that session.
(7) a description of the length of time the waste will be held at the THHWCF;
(8) a description of the procedure to be followed to ensure that the facility will be managed in an environmentally safe manner in the event of inclement weather;
(9) if wastes from small quantity commercial sources will be accepted, a description of the measures which will be taken to handle the acceptance of the small quantity commercial source wastes separately from the household wastes. These measures shall include:
(A) directing small quantity commercial source generators to a receiving area of the THHWCF separate from the receiving area for household waste, or
(B) limiting small quantity commercial source waste acceptance to different hours than household waste acceptance.
(10) a description of the measures to be taken to ensure that all waste is removed from the facility and all contaminated facility structures, equipment and soil are either decontaminated or removed following termination of the THHWCF;
(11) training documents as specified in Section 66264.16(d);
(12) a contingency plan which contains the information specified in Section 66264.52. Additionally, the contingency plan shall include identification of an offsite contingency storage location where wastes could temporarily be stored pending resolution of any delay in final waste acceptance by the receiving facility identified on the manifest(s);
(13) a copy of the documents as specified in Section 66264.17(c) if applicable;
(14) if solvents, oil-based paints or gasoline will be bulked at the THHWCF, a copy of the written protocol approved by the local fire and air pollution prevention agencies in which the THHWCF is located;
(15) copies of all local permits obtained for the operation of the facility;
(16) a copy of the written agreement between the property owner and the operator or the THHWCF; and
(17) if the facility is to be managed by a contractor, a copy of the written agreement between the contractor and the operator of the THHWCF.
(c) The operator of a THHWCF shall maintain compliance with Sections 66264.16 and 66264.17 and the following regulations:
(1) Chapter 12. Requirements for Generators of Hazardous Waste;
(2) Chapter 14, Article 3. Preparedness and Prevention; and
(3) Chapter 14, Article 4. Contingency Plan and Emergency Procedures.
(d) The operator of a THHWCF shall operate the THHWCF in a location that:
(1) is clearly marked to control public access;
(2) has a buffer zone which has the written approval of the appropriate local agencies;
(3) is large enough to accommodate all of the necessary equipment, personnel and anticipated number of vehicles for safe operation;
(4) is paved with asphalt or concrete in good repair. Additionally, all waste handling areas (with the exception of traffic lanes) must be covered with contiguous plastic sheeting of at least 6 mil thickness. Any punctured or torn plastic must be repaired or replaced immediately.
(5) has a physical barrier such as cones, tape or tables to delineate the perimeter of the handling and storage areas;
(6) has an area(s) or structure(s) that has the written approval of the appropriate local agencies to store all containers holding ignitable and/or reactive waste;
(7) has a canopy or other roof structure, when necessary, to prevent exposure to excessive heat or precipitation, that covers waste handling area(s) designated for sorting, bulking and packaging;
(8) has signs posted warning that the receiving, handling and storage areas contain hazardous waste and with the legend "Danger! Hazardous Waste Area - Unauthorized Personnel Keep Out". Additionally, signs shall be posted that prohibit food, beverages and smoking in the receiving, handling and storage areas. All signs shall be:
(A) in English and any other language predominant in the area surrounding the facility; and
(B) legible from a distance of at least 25 feet.
(9) has a storage area that:
(A) is surrounded by a fence constructed in a manner to prevent access by unauthorized persons; or
(B) is contained within a secured area with controlled access; or
(C) is monitored by a 24-hour surveillance system (e.g., television monitoring or surveillance by guards or facility personnel) which continuously monitors and controls entry into the storage area; and
(D) has artificial lighting to ensure safe, effective management of the waste if the THHWCF operates or stores wastes during hours of darkness; and
(E) has a separate storage area for wastes which are ready to be transported off-site; and
(10) provides traffic control which is:
(A) approved by the appropriate local agency;
(B) directed by staff and/or volunteers authorized by the operator, fire department or law enforcement agency;
(C) routed in a one-way direction to minimize backing up or turning around; and
(D) controlled to assure that persons delivering the wastes remain in their vehicles while in the waste acceptance area of the facility.
(e) The operator of a THHWCF shall handle the waste received at the facility as follows:
(1) assure that bulking of wastes shall be performed:
(A) in a manner which prevents the mixing of incompatible wastes; and
(B) in a secured area away from the receiving area;
(2) limit bulking and filtering of wastes at the THHWCF to water-based paints, oil-based paints, compatible solvents, gasoline, antifreeze, used oil and roofing tar. If solvents, oil-based paints or gasoline are to be bulked, the operator shall observe the following restrictions:
(A) the bulking of solvents, oil-based paints or gasoline shall not occur during hours when wastes are being accepted at the THHWCF; and
(B) the bulking of solvents, oil-based paints or gasoline shall be conducted in compliance with written protocol approved by local fire and air pollution prevention agency jurisdictions in which the THHWCF is located;
(3) bulk, package and ship used oil to a facility authorized to receive used oil pursuant to Section 25200, Health and Safety Code;
(4) package and label the properly sorted waste in accordance with Department of Transportation (DOT) requirements pursuant to Subchapter C, Title 49, Code of Federal Regulations (CFR);
(5) assure that personnel who sort, bulk or package waste meet the personnel training requirements specified in Section 66264.16(a) and the requirements of the Occupational Safety and Health Administration (California Code of Regulations, Title 8 Sections 3380 and 5192);
(f) The operator of a THHWCF shall assure that removal and/or decontamination of structures, equipment, soil and all collected materials and wastes shall be completed within 144 hours after termination of the session and shall assure that all contaminated materials and wastes are removed by a registered hazardous waste transporter or other authorized person.
(g) The operator of a THHWCF shall establish a separate record which identifies the name, address, and identification number of the small quantity commercial source generator (if any), the type(s) and quantity(ies) of hazardous wastes accepted from small quantity commercial sources, and the fees paid to the THHWCF for the management of those wastes.
(h) The operator of a THHWCF shall assure that copies of the following reports and records pertaining to the THHWCF operations are maintained and available upon demand to CUPA, or authorized agency by the operator of the THHWCF for a period of at least three years from the commencement of the THHWCF:
(1) the operation plan required by subsection (a)(2) of this section;
(2) the notification submitted as required by Section 66270.60(e); and
(3) all records which identify receipts and shipments of hazardous wastes from household and small quantity commercial sources.
(i) The operator of a THHWCF shall submit a written report to the appropriate CUPA or authorized agency of any incidents of noncompliance with these regulatory requirements that may have occurred within 15 days of such an occurrence. The report shall include all of the following:
(1) the name, address and telephone number of the operator;
(2) the location and address of the THHWCF;
(3) the days and hours of operation;
(4) a description of the incident and the reason for the occurrence; and
(5) the procedures to be implemented to prevent a recurrence of the incident if applicable.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25112.5, 25150, 25159, 25159.5, 25185.6, 25186, 25200, 25200.2, 25205 and 25205.1, Health and Safety Code; and Title 40, Section 262.41, Code of Federal Regulations. 
  
 



s 67450.5. Liability Requirements: Coverage for Sudden Accidental Occurrences for Transportable Treatment Units Which Are Permitted by Rule.
 
  Note:    Authority cited: Sections 208, 25200.2 and 25425, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67450.7. Corrective Action Requirements for Facilities Operating Under Permit by Rule.
 (a) An owner or operator of a facility who operates a transportable treatment unit (TTU) or fixed treatment unit (FTU) under a permit by rule pursuant to section 67450.2(a) or section 67450.2(b) shall complete a corrective action program at the facility. Corrective action shall consist of a phase 1 environmental assessment developed pursuant to Health and Safety Code section 25200.14 and subsequent corrective action conducted in accordance with the requirements in section 68400.16 as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid or hazardous waste management unit at the facility, regardless of the time at which waste was placed in the unit.
(1) For purposes of this section, a "facility" shall include the entire site that is under the control of the owner or operator of the facility who is operating or proposing to operate a TTU or FTU under a permit by rule.
(2) For purposes of this section, a phase I environmental assessment means a preliminary site assessment based on reasonably available knowledge of the facility, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. The phase 1 environmental assessment shall consist of completion of the Phase 1 Environmental Assessment Checklist developed by DTSC pursuant to HSC Section 25200.14.
(3) The phase 1 environmental assessment shall be conducted and submitted to the Department or the UPA authorized by the Department within one year of the initial notification submitted to the Department or authorized UPA pursuant to section 67450.2(b)(2).
(b) The notifications required pursuant to sections 67450.2(b)(2) and 67450.3(a)(3), and any subsequent notifications required by sections 67450.3(a)(4), 67450.3(c)(1) or 67450.3(c)(2) shall specify whether a phase I environmental assessment has been completed. The owner or operator of the FTU(s) or TTUs shall submit the Phase I Environmental Assessment Checklist to the Department at the address specified on form DTSC 1772 (1/96) or to the authorized UPA. The certification shall be signed as required by Health and Safety Code section 25200.14(d).
 
  Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25187, 25200, 25200.10 and 25404.1, Health and Safety Code. 
  
 



s 67450.9. Termination, Suspension and Denial of Authorization or Reauthorization, and Operating Restrictions for Units and Facilities Operating Under Permit by Rule.
 (a) Notwithstanding the provisions of Chapter 21 of this division, the Department may revoke or suspend authorization or reauthorization for any TTU, FTU or facility operating or proposing to operate under a permit by rule as provided in this section. The Department may also deny authorization or reauthorization for any TTU operating or proposing to operate under a permit by rule as provided in this section. The Department shall base a decision on any one of the factors set forth in section 66270.43(a) or (b) or on Health and Safety Code section 25186 or on a finding that operation of the unit(s) or facility in question will endanger human health, domestic livestock, wildlife, or the environment.
(1)  Notice of revocation or suspension shall be provided to the applicant or permittee by certified mail with return receipt requested or by personal service;
(2) An owner or operator whose authorization or reauthorization to operate a unit or facility under a permit by rule is revoked or suspended and who wishes to appeal the revocation or suspension shall appeal by submitting a letter to the Department, within ten (10) days of receipt of notice of denial, requesting a hearing.
(3) Proceedings to appeal the Department's decision concerning revocation or suspension of authorization to operate under a permit by rule shall be conducted in accordance with chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code.
(b) Notwithstanding the provisions of Chapter 21 of this division, the CUPA or authorized agency including the Department, may deny authorization or reauthorization for any unit or facility operating or proposing to operate under a permit by rule as provided in this section. The CUPA or authorized agency shall base a decision on any one of the factors set forth in section 66270.43(a) or (b) or on Health and Safety Code section 25186 or on a finding that operation of the unit(s) or facility in question will endanger human health, domestic livestock, wildlife, or the environment.
(1) Notice of denial shall be provided to the applicant or permittee by certified mail with return receipt requested or by personal service;
(2) An owner or operator who is denied authorization or reauthorization to operate a unit or facility under a permit by rule and who wishes to appeal the denial shall appeal by submitting a letter to the CUPA or authorized agency, within ten (10) days of receipt of notice of denial, requesting a hearing.
(3) Proceedings to appeal a CUPA or authorized agency's decision concerning denial of authorization reauthorization to operate under a permit by rule shall be conducted in accordance with chapter 5 (commencing with section 11500) of part 1 of division 3 of title 2 of the Government Code.
(c) No treatment process which establishes an unpermitted waste pile, land treatment facility, surface impoundment, injection well, landfill or storage facility is eligible to operate under a permit by rule.
(d) Any authorization to operate granted pursuant to section 67450.2(a), section 67450.2(b), section 66270.60(d)(5) or section 66270.60(d)(6) or reauthorization granted pursuant to section 67450.3(b) or section 67450.3(d) is contingent upon the accuracy of information contained in the notifications required by sections 67450.2(a) and (b), sections 67450.3(a) and (c), section 66270.60(d)(5)(A), and section 66270.60(d)(6)(A). Any misrepresentation or any failure to fully disclose all relevant facts shall render the authorization or reauthorization to operate null and void.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25186, 25186.1, 25186.2 25200, 25218.2 and 25218.3, Health and Safety Code; and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. 
  
 



s 67450.11. List of Influent Waste Streams and Treatment Process(es) for Influent Waste Streams Eligible for Treatment Pursuant to Permit by Rule.
 (a) The following hazardous wastes are eligible for treatment by TTUs operating pursuant to section 67450.2(a) or by FTUs operating pursuant to section 67450.2(b) provided treatment of the waste is not regulated under the federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., section 6901 et seq.), the waste is not reactive pursuant to section 66261.23 or extremely hazardous pursuant to sections 66261.107 or 66261.110, the waste to be treated is a hazardous waste only because it contains one or more constituents listed in this section, the only treatment technologies used are the ones listed in this section for the waste stream(s) eligible to be treated, the treatment is conducted only for the purpose of treating eligible constituent(s), all treatment is conducted in tanks or containers, and all discharges to air comply with applicable federal, state and local air pollution control statutes and regulations:
(1) Aqueous wastes containing hexavalent chromium may be treated by the following process:
(A) Reduction of hexavalent chromium to trivalent chromium with sodium bisulfite, sodium metabisulfite, sodium thiosulfate, ferrous sulfate, ferrous sulfide or sulfur dioxide, provided both pH and addition of the reducing agent are automatically controlled.
(2) Aqueous wastes containing metals listed in section 66261.24(a)(2) and/or fluoride salts may be treated by the following technologies:
(A) pH adjustment or neutralization.
(B) Precipitation or crystallization.
(C) Phase separation by filtration, centrifugation or gravity settling.
(D) Ion exchange.
(E) Reverse osmosis.
(F) Metallic replacement.
(G) Plating the metal onto an electrode.
(H) Electrodialysis.
(I) Electrowinning or electrolytic recovery.
(J) Chemical stabilization using silicates and/or cementitious types of reactions.
(K) Evaporation.
(L) Adsorption.
(3) Aqueous wastes with total organic carbon less than ten percent as measured by EPA Method 9060 described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", SW-846, 3rd Edition, U.S. Environmental Protection Agency, 1986 and less than one percent total volatile organic compounds as measured by EPA Method 8240 described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods", SW-846, 3rd Edition, U.S. Environmental Protection Agency, 1986 may be treated by the following technologies:
(A) Phase separation by filtration, centrifugation or gravity settling, but excluding super critical fluid extraction.
(B) Adsorption.
(C) Distillation.
(D) Biological processes conducted in tanks or containers and utilizing naturally occurring microorganisms.
(E) Photodegradation using ultraviolet light, with or without the addition of hydrogen peroxide or ozone, provided the treatment is conducted in an enclosed system:
(F) Air stripping or steam stripping.
(4) Sludges, dusts, solid metal objects and metal workings which contain or are contaminated with metals listed in section 66261.24(a)(2) and/or fluoride salts, may be treated by the following technologies:
(A) Chemical stabilization using silicates and/or cementitious types of reactions.
(B) Physical processes which change only the physical properties of the waste such as grinding, shredding, crushing, or compacting.
(C) Drying to remove water.
(D) Separation based on differences in physical properties such as size, magnetism or density.
(5) Alum, gypsum, lime, sulfur or phosphate sludges may be treated by the following technologies:
(A) Chemical stabilization using silicates and/or cementitious types of reactions.
(B) Drying to remove water.
(C) Phase separation by filtration, centrifugation or gravity settling.
(6) Wastes listed in section 66261.120 which meet the criteria and requirements for special waste classification in section 66261.122 may be treated by the following technologies:
(A) Chemical stabilization using silicates and/or cementitious types of reactions.
(B) Drying to remove water.
(C) Phase separation by filtration, centrifugation or gravity settling.
(D) Screening to separate components based on size.
(E) Separation based on differences in physical properties such as size, magnetism or density.
(7) Wastes, except asbestos, which have been classified by the Department as special wastes pursuant to section 66261.124, may be treated by the following technologies:
(A) Chemical stabilization using silicates and/or cementitious types of reactions.
(B) Drying to remove water.
(C) Phase separation by filtration, centrifugation or gravity settling.
(D) Magnetic separation.
(8) Inorganic acid or alkaline wastes may be treated by the following technology:
(A) pH adjustment or neutralization.
(9) Soils contaminated with metals listed in section 66261.24(a)(2) may be treated by the following technologies:
(A) Chemical stabilization using silicates and/or cementitious types of reactions.
(B) Screening to separate components based on size.
(C) Magnetic separation.
(10) Used oil as defined in Health and Safety Code section 25250.1, unrefined oil waste, mixed oil, oil mixed with water and oil/water separation sludges may be treated by the following technologies:
(A) Phase separation by filtration, centrifugation or gravity settling, but excluding super critical fluid extraction.
(B) Distillation.
(C) Neutralization.
(D) Separation based on differences in physical properties such as size, magnetism or density.
(E) Reverse osmosis.
(F) Biological processes conducted in tanks or containers and utilizing naturally occurring microorganisms.
(11) Containers of 110 gallons or less capacity which are not constructed of wood, paper, cardboard, fabric or any other similar absorptive material, which have been emptied as specified in Title 40 Code of Federal Regulations section 261.7 revised July 1, 1990) or inner liners removed from empty containers that once held hazardous waste or hazardous material and which are not excluded from regulation pursuant to this chapter may be treated by the following technologies provided the treated containers and rinseate are managed in compliance with the applicable requirements of this chapter:
(A) Rinsing with a suitable liquid capable of dissolving or removing the hazardous constituents which the container held.
(B) Physical processes such as crushing, shredding, grinding or puncturing, that change only the physical properties of the container or inner liner, provided the container or inner liner is first rinsed as provided in subsection (a)(11)(A) of this section and the rinseate is removed from the container or inner liner.
(12) Multi-component resins may be treated by the following process:
(A) Mixing the resin components in accordance with the manufacturer's instructions.
(13) A waste stream technology combination certified by the Department pursuant to Section 25200.1.5 of the Health and Safety Code as appropriate for authorization under Permit by Rule.
(b) For purposes of this section an aqueous waste is defined as a waste containing water, and less than or equal to one percent of suspended solids, as measured by Method 209C described in "Standard Methods for Examination of Water and Wastewater," 16th Edition, published jointly by the American Public Health Association, the American Water Works Association, and the American Pollution Control Federation, 1985.
(c) Treatment residuals and effluents generated from the operation of a TTU or FTU shall be subject to the requirements of chapter 6.5 of division 20 of the Health and Safety Code and of this division, and shall be the responsibility of the generator of the waste influent treated by the TTU or FTU. Treatment residuals and effluents generated during closure of a TTU or FTU shall be subject to the requirements of chapter 6.5 of division 20 of the Health and Safety Code and of this division and shall be the responsibility of the TTU or FTU owner or operator.
 
  Note: Authority cited: Sections 25150, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25200 and 25200.2, Health and Safety Code. 
  
 



s 67450.13. Financial Assurance for Closure of Transportable Treatment Units and Fixed Treatment Units Which Are Authorized Under Permit by Rule and Generators Who Are Authorized Under Conditional Authorization.
 (a) Notwithstanding any other requirements of this article, this section shall apply to all owners or operators of transportable treatment units (TTUs) (as defined in section 66260.10) deemed to have a permit by rule pursuant to section 67450.2, subsection (a), with owners or operators of fixed treatment units (FTUs) (as defined in section 66260.10) deemed to have a permit by rule pursuant to section 67450.2, subsection (b), and generators operating pursuant to a grant of Conditional Authorization (CA) (as defined in Health & Safety Code section 25110.9.1, subdivision (a)). Agencies of the State and Federal governments are exempt from the requirements of this section. For purposes of this section, state government shall not include municipal, local, city, county, city-county special district government or any subdivisions thereof.
(1) The TTU owner or operator, FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization shall prepare a written estimate of the cost of closing each unit. The estimate shall equal the actual cost or the costs estimated by an owner or operator or a generator that would be incurred for closing a treatment unit when using the owner or operator or generator's own staff and/or personal equipment. The closure cost estimate may take into account any salvage value that may be realized from the sale of wastes, facility structure or equipment, land or other facility assets. This estimate shall be submitted as an attachment to the Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Operations page(s) of the Unified Program Consolidated Form (x/99)).
(2) The TTU owner or operator, FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization shall adjust the closure cost estimate for inflation by March 1 of each year. The adjustment shall be made as specified in subsections (a)(2)(A) and (a)(2)(B) of this section, using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as published by the U.S. Department of Commerce in its Survey of Current Business. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator of the previous year.
(A) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
(B) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
(3) The TTU owner or operator or FTU owner or operator shall revise the closure cost estimate whenever a change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (a)(2) of this section. The owner or operator shall maintain the following at the facility during the operating life of the facility: the latest closure cost estimate prepared in accordance with subsection (a)(1) of this section, and the latest closure cost estimate adjusted in accordance with subsection (a)(2) of this section.
(4) A generator operating pursuant to a grant of Conditional Authorization shall revise the closure cost estimate whenever a change occurs that increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (a)(2) of this section. The owner or operator shall maintain the following at the facility during the operating life of the facility: the latest closure cost estimate prepared in accordance with subsection (a)(1) of this section, and the latest closure cost estimate adjusted in accordance with subsection (a)(2) of this section.
(5) On or after October 1, 1996, financial assurance for closure of a TTU, FTU, or treatment unit operated by a generator authorized pursuant to a grant of Conditional Authorization shall be obtained by one of the following methods:
(A) a closure trust fund, as described in section 66265.143, subsection (a);
(B) a surety bond guaranteeing payment into a closure trust fund, as described in section 66265.143, subsection (b);
(C) a closure letter of credit, as described in section 66265.143, subsection  (c);
(D) closure insurance, as described in section 66265.143, subsection (d);
(E) a financial test and corporate guarantee for closure, as described in section 66265.143, subsection (e);
(F) Use of multiple financial mechanisms for closure costs as described in section 66265.143, subsection (f); or
(G) an alternative financial mechanism for closure costs, as described in sections 66265.143, subsection (h), or subsection (c) of this section. A certificate of deposit, as described in section 3-104(2)(c) of the Uniform Commercial Code, or a savings account as described in section 4-104(a) of the Uniform Commercial Code, are examples of alternative financial mechanisms.
(6) A FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization may request permission to fund the financial mechanism over a period not to exceed five (5) years from the CUPA or the authorized agency. The request to the CUPA or authorized agency, shall contain the reason(s) and information as specified in subsections (c)(1) and (c)(2) of this section. A CUPA or the authorized agency, shall evaluate and respond to each request in writing within sixty (60) days of receipt.
(7)(A) Notwithstanding any other provision of regulation, financial assurance for closure of a FTU, operated pursuant to permit by rule, or treatment unit operated by a generator authorized pursuant to a grant of Conditional Authorization shall establish the CUPA, or the authorized agency, as the beneficiary of any financial documents to be submitted to comply with the requirements of this section.
(B) Financial assurance for closure of a TTU shall establish the Department as the beneficiary of any financial documents to be submitted to comply with the requirements of this section.
(8)(A) On and after January 1, 1997, a financial assurance mechanism shall be submitted with the certification required in subsection (b) to the CUPA or the authorized agency, unless the  FTU owner or operator, operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization is exempt by subsection (e) of this section.
(b) The FTU owner or operator, operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization shall submit a Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Operations page(s) of the Unified Program Consolidated Form (x/99)) for each FTU facility that has one or more FTUs, or CA treatment location documenting compliance with the closure cost assurance requirements of subsection (a) of this section. The TTU owner or operator, operating pursuant to permit by rule, shall submit a Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Operations [DTSC 1232 (8/96)] for each TTU, documenting compliance with the closure cost assurance requirements of subsection (a) of this section. The certification for TTU operations shall accompany each initial notification required in sections 67450.2(a), 67450.3(a)(1) and 67450.3(a)(2) unless the notification was previously submitted to the Department before January 1, 1997. The certification for PBR fixed treatment unit operations shall accompany each initial notification required in sections 67450.2(b)(2), 67450.2(b)(3)(G), 67450.3(c)(1) and 67450.3(c)(2) unless the notification was previously submitted to the Department before January 1, 1997. The certification for a Conditionally Authorized treatment location shall accompany each initial notification required in Health and Safety Code section 25200.3(e) unless notification was previously submitted to the Department before January 1, 1997. The FTU owner or operator, operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization who has previously submitted a notification to the Department before January 1, 1997, shall submit a copy of certification as identified in this subsection along with a copy of financial assurance mechanism as specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section to the CUPA or the authorized agency. The TTU owner or operator operating pursuant to permit by rule, who has submitted a notification to the Department before January 1, 1997, shall submit a copy of certification as identified in this subsection along with a copy of financial assurance mechanism as specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section to the Department.
(1) This certification shall contain the following information:
(A) The current closure cost estimate of each unit as determined in subsection  (a) of this section.
(B) The mechanism(s) established to provide the closure cost assurance for each unit, as described in subsection (a)(5) of this section, and the original document(s) used to satisfy the requirements of the mechanism(s).
(C) The name and location of the financial institution, insurance company, surety company, or other appropriate organization used to establish the closure assurance for each unit.
(D) The effective date of the closure assurance for the unit(s).
(2) The certification shall be signed according to the requirements of section 66270.11 as those requirements apply to permit applications.
(c) Alternative Financial Mechanisms for Closure Costs.
(1)(A) The FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization may establish financial assurance for closure by means of a financial mechanism other than those specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section provided that, prior to its use, the mechanism has been submitted to and approved by a CUPA or the authorized agency. The mechanism shall be at least equivalent to the financial mechanisms specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section. A CUPA or the authorized agency, shall respond in writing within sixty (60) days of receipt and shall evaluate the equivalency of a mechanism principally in terms of:
1. Certainty of the availability of the funds for the required closure activities; and
2. The amount of funds that will be made available. A CUPA or the authorized agency, shall also consider other factors deemed to be appropriate, and shall require the owner or operator, or a Conditionally Authorized generator to submit additional information as is deemed necessary to make the determination.
(B) The TTU owner or operator may establish financial assurance for closure by means of a financial mechanism other than those specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section provided that, prior to its use, the mechanism has been submitted to and approved by the Department. The mechanism shall be at least equivalent to the financial mechanisms specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section. The Department shall respond in writing within sixty (60) days of receipt and shall evaluate the equivalency of a mechanism principally in terms of:
1. Certainty of the availability of the funds for the required closure activities; and
2. The amount of funds that will be made available.
(2) The owner or operator, or a Conditionally Authorized generator  shall submit to a CUPA or the authorized agency, the proposed mechanism together with a letter requesting that the proposed mechanism be considered acceptable for meeting the requirements of this section. The submission shall include the following information:
(A) Name, address and telephone number of issuing institution; and
(B) Hazardous waste facility identification number, name, address and closure cost estimate for each TTU, FTU facility or a generator who is operating pursuant to Conditional Authorization intended to be covered by the proposed mechanism; and
(C) The amount of funds for closure to be assumed for each TTU, FTU facility or a generator who is operating pursuant to Conditional Authorization intended to be covered by the proposed mechanism; and
(D) The terms of the proposed mechanism (period covered, renewal/extension, cancellation).
(3) The CUPA or the authorized agency, shall respond in writing to the FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization of the determination made regarding the acceptability of the proposed mechanism in lieu of the financial mechanisms specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section. This written request shall be provided within sixty (60) days.
(4) If a proposed mechanism is found acceptable, the FTU owner or operator, operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization shall submit a fully executed financial assurance document to the CUPA or the authorized agency. The document shall contain original signatures and shall be accompanied by a formal certification of acknowledgment. The TTU owner or operator, shall submit a fully executed financial assurance document to the Department.
(5) If a proposed mechanism is found acceptable, except for the amount of the funds, the TTU owner or operator, FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization shall either increase the amount of mechanisms or obtain other financial assurance mechanisms as specified in subsection (a), paragraph (5), subparagraphs (A) through (G) of this section. The amount of the funds available through the combination of mechanisms shall at least equal the current closure cost estimate.
(6) If a proposed mechanism is found acceptable by the CUPA, or the authorized agency, the FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization may request permission to fund the financial mechanism over a period not to exceed five (5) years as part of the request for an alternative mechanism described in subsection (c)(1) of this section.
(d) If the closure cost estimate as specified in subsections (a)(1) and (a)(2) of this section is not more than $10,000.00, the TTU owner or operator or FTU owner or operator operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization may comply with this section by submitting a certification signed in accordance with section 66270.11. The FTU owner or operator operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization shall submit the certification to its CUPA or the authorized agency, that the FTU owner or operator operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization has sufficient financial resources to meet the closure cost requirements. Entities authorized to operate as of the effective date of these regulations who meet the conditions of this subdivision shall submit the signed original certification to the pertinent CUPA or the authorized agency, by January 1, 1997. The TTU owner or operator operating pursuant to permit by rule shall submit to the Department certification that the TTU owner or operator has sufficient financial resources to meet the closure cost requirements. The certification for FTU operations which have not yet submitted their initial notifications shall accompany each initial notification required by sections 67450.2(a), 67450.3(a)(1) and 67450.3(a)(2). The certification for FTU operations which have not yet submitted their initial notifications shall accompany each initial notification required by sections 67450.2(b)(3), 67450.3(c)(1) and 67450.3(c)(2). The certification for a Conditionally Authorized generator which has not yet submitted its initial notification shall accompany each initial notification required by Health and Safety Code section 25200.3(e).
(e) Notwithstanding the provisions of Chapter 45, a TTU or a facility operating pursuant to a permit by rule who meets the conditions of this section is not required to obtain financial assurance as specified in subsection (a), paragraph (5), subparagraphs (A) through (G) for the costs of closure of such a treatment unit. A facility who meets the conditions of this section shall maintain a Certification (of Financial Assurance for Permit by Rule and Conditionally Authorized Operations page(s) of the Unified Program Consolidated Form (x/99) with a copy of the original signature of the owner or operator at the facility containing the reason(s) why the owner or operator is eligible for this exemption. The FTU owner or operator who meets the conditions of this section shall submit the signed original Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Operations page(s) of the Unified Program Consolidated Form (x/99) to the CUPA or the authorized agency, by January 1, 1997. If the submittal is independent of PBR notification required by Sections 67450.2(b) or 67450.3(c), then the submittal must include the Business Activities Page, and the Business Owner/Operator pages of the Unified Program Consolidated Form (x/99)). The TTU owner or operator who meets the conditions of this section shall submit the signed original Certification of Financial Assurance for Permit by Rule and Conditionally Authorized Operations (DTSC Form 1232) to the Department by January 1, 1997. The TTU owner or operator or FTU owner or operator operating pursuant to permit by rule shall meet the following condition on or after October 1, 1996, in order to be exempt from financial assurance requirements:
(1) Operated no more than thirty days in any calendar year.
(f)(1) The CUPA or the authorized agency, shall agree to the termination of the closure financial mechanisms as specified in subsection (a), paragraph (5), subparagraph (A) through (G), when:
(A) The FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization substitutes alternate financial assurance as specified in this section; or
(B) The CUPA or the authorized agency, releases FTU owner or operator, or a generator operating pursuant to a grant of Conditional Authorization from the requirements in accordance with subsection (g) of this section.
(2) The Department shall agree to the termination of the closure financial mechanisms as specified in subsection (a), paragraph (5), subparagraph (A) through (G) for TTU owners or operators, when:
(A) The TTU owner or operator substitutes alternative financial assurance as specified in this section; or
(B) The Department releases the TTU owner or operator from the requirements in accordance with subsection (g) of this section.
(g) Release of the TTU owner or operator, FTU owner or operator operating pursuant to permit by rule, or a generator operating pursuant to a grant of Conditional Authorization from the requirements of this section:
(1) Within 60 days after receiving certifications from the owner or operator of a FTU operating pursuant to permit by rule, and an independent professional engineer, registered in California, that a final closure has been completed in accordance with the prepared closure plan, the CUPA or the authorized agency, shall notify the owner or operator in writing that he or she is no longer required by this section to maintain financial assurance for final closure of the regulated unit(s) or the facility, unless the CUPA or the authorized agency, has reason to believe that final closure has not been conducted in accordance with the prepared closure plan. The CUPA or the authorized agency shall provide the owner or operator a detailed written statement of any such reason to believe that closure has not been conducted in accordance with the closure plan or any other closure performance standards.
(2) Within 60 days after receiving notification from the generator operating pursuant to a grant of Conditional Authorization that final closure has been completed, the CUPA or the authorized agency, shall notify the generator in writing that he or she is no longer required by this section to maintain financial assurance for final closure of the regulated unit(s) or the facility, unless the CUPA or the authorized agency has reason to believe that final closure has not been conducted in accordance with the proper closure standards. The CUPA or the authorized agency shall provide the generator a detailed written statement of any such reason to believe that closure has not been conducted in accordance with the closure performance standards.
(3) When transfer of ownership or operational control of a facility occurs, and the new owner or operator of a FTU operating pursuant to permit by rule, or a generator operating under a Conditional Authorization, has demonstrated to the satisfaction of the CUPA or the authorized agency, that he or she is complying with the financial requirements of this section, the CUPA or the authorized agency shall notify the previous owner or operator, or a generator in writing that they are no longer required to maintain financial assurance for closure of that particular facility.
(4) Within 60 days after receiving certifications from the owner or operator of a TTU operating pursuant to permit by rule, and an independent professional engineer, registered in California, that a final closure has been completed in accordance with the prepared closure plan, the Department shall notify the owner or operator in writing that he or she is no longer required by this section to maintain financial assurance for final closure of the regulated unit(s). If the Department has reason to believe that final closure has not been conducted in accordance with the prepared closure plan, then prior to releasing the financial assurance mechanism the Department shall provide the owner or operator with a detailed written statement of any such reason to believe that closure has not been conducted in accordance with the closure plan or any other closure performance standards.
(5) When transfer of ownership or operational control of a TTU occurs, and the new owner or operator of TTU operating pursuant to permit by rule has demonstrated to the satisfaction of the Department that he or she is complying with the financial requirements of this section, the Department shall notify the previous owner or operator in writing that it is no longer required to maintain financial assurance for closure of that particular facility.
 
  Note: Authority cited: Sections 25150 and 25245, Health and Safety Code. Reference: Sections 25150, 25200.2, 25245 and 25245.4, Health and Safety Code. 
  
 



s 67450.14. Liability Requirements: Coverage for Sudden Accidental Occurrences for Transportable Treatment Units Which Are Permitted by Rule.
 
  Note: Authority cited: Sections 208, 25200.2 and 25425, Health and Safety Code. Reference: Section 25150, Health and Safety Code. 
  
 



s 67450.15. Liability Requirements: Coverage for Sudden Accidental Occurrences for Facilities with Fixed Treatment Units Which Are Permitted by Rule.
 
  Note: Authority cited: Section 25200.2 and 25245, Health and Safety Code. Section 58012, Governor's Reorganizational Plan #1 of 1991. Reference: Section 25150, Health and Safety Code. 
  
 



s 67450.16. Liability Requirements: Coverage for Sudden Accidental Occurrences for Temporary Household Hazardous Waste Collection Facilities Which Are Permitted by Rule.
 
  Note: Authority cited: Sections 25150, 25245 and 58012, Health and Safety Code. Reference: Sections 25150, 25200.2 and 25245, Health and Safety Code; and Section 66798.9, Government Code. 
  
 



s 67450.20. Conditionally Exempt Specified Waste Streams.
 (a) The treatment activities listed in subdivision (b) may occur under a grant of conditional exemption for specified waste streams. The generator conducting such treatment must comply with the requirements of subdivisions (d) through (i) of Health and Safety Code Section 25201.5.
(b) The following treatment activities are authorized for operation under a grant of conditional exemption for specified waste streams:
(1) The treatment of formaldehyde or glutaraldehyde solutions using any technology that is certified as effective for that purpose by the department, pursuant to Health and Safety Code Section 25200.1.5. The treatment must be operated pursuant to all of the conditions imposed on the certification.
 
  Note: Authority cited: Sections 25150, 25159.5, 25200.1.5,  25200.17, 58004 and 58012, Health and Safety Code. Reference: Sections 25201.5 and 25200.1.5, Health and Safety Code. 
  
 



s 67450.25. Requirements Applicable to Permanent Household Hazardous Waste Collection Facilities Deemed to Have a Permit by Rule.
 (a) The operator or contractor who operates a PHHWCF deemed to have a permit by rule pursuant to section 66270.60 shall do all of the following:
(1) Maintain compliance with sections 66262.10 through 66262.57, (except section 66262.41), 66264.175, and 66265.148, except as follows:
(A) the engineering certification required by section 66264.175(c) shall be provided by a manufacturer, an independent professional engineer registered in the State of California or a professional engineer employed by the local government entity and from a different division or agency than the operator.
(2) Maintain compliance with the following regulations in Chapter 15 of this division, including those referring to permit applications:
(A) Article 2 commencing with section 66265.10. General Facility Standards  (except sections 66265.12(b), and 66265.13). However, the operator or contractor shall prepare and maintain a written waste analysis plan describing the procedures which the operator or contractor will carry out to characterize unidentified wastes received at the facility. Field analysis methods such as Hazardous Category (HAZCAT) analysis may be used to characterize unidentifiable wastes into Federal Department of Transportation (DOT) hazard classes;
(B) Article 3 commencing with section 66265.30. Preparedness and Prevention;
(C) Article 4 commencing with section 66265.50. Contingency Plan and Emergency Procedures (except section 66265.53(b));
(D) Article 5 commencing with section 66265.70. Manifest System, Recordkeeping and Reporting (except that sections 66265.73(b)(2), 66265.73(b)(6), 66265.73(b)(7), 66265.73(b)(15) and 66265.75 and sections 66265.71, 66265.72, and 66265.76 shall not apply to operators of facilities that do not receive manifested waste);
(E) Article 7 sections 66265.110 through 66265.115. Closure and Post-Closure
(F) Article 9 commencing with section 66265.170. Use and Management of Containers (except that the minimum distance specified in section 66265.176 may, at the discretion of the operator or contractor, be less than 15 meters (50 feet) from the facility's property line if the shorter distance minimizes the possibility of migration of contaminants to any adjacent property should a release occur, meets the Uniform Fire Code or local fire code requirements (whichever are more stringent), and the operator or contractor has written approval from all the appropriate local agencies to use the shorter distance);
(G) Article 10 commencing with section 66265.190. Tank Systems (except that the contingency plan for post-closure required by section 66265.197(c)(2) shall be maintained with the closure plan required by section 66265.112, and the engineering certification required by section 66265.192(g) shall be provided by a manufacturer, an independent professional engineer registered in the State of California or a professional engineer employed by the local government entity and from a different division or agency than the operator).
(3) Prepare and maintain at the facility an operation plan comprising a copy of the notification submitted pursuant to section 66270.60(d)(6)(A), copies of the financial assurance documents required by section 67450.30, a copy of the acknowledgement from CUPA or authorized agency specified in section 66270.60(d)(6)(B), copies of the documents required by subsection (a)(2) of this section, and the items specified in subparagraphs (A) and (B) of this paragraph.
(A) a written plan addressing the procedures to be followed whenever the PHHWCF meets or exceeds its maximum storage capacity, so that the appropriate storage conditions may be maintained. This plan shall be implemented when necessary.
(B) the information required by sections 67450.4(b)(6), (b)(8), (b)(9),  (b)(13), (b)(14) if applicable, (b)(16), (b)(17), and (b)(18).
(C) The operator or contractor shall make the operation plan available upon request to any representative of the Department, the U.S. EPA, or a local governmental agency having jurisdiction over the operation of the PHHWCF. A copy of the operation plan shall also be delivered in person or by certified mail with return receipt requested to CUPA or authorized agency when requested by CUPA or authorized agency.
(4) Maintain compliance with sections 67450.4(d), (e), (g), (h)(3), and (i) as those sections apply to THHWCFs, except as modified below:
(A) 67450.4(d)(4). The waste handling and storage areas of the PHHWCF shall have a continuous base that meets the requirements of section 66264.175(b)(1);
(B) 67450.4(d)(9)(E). Does not apply to PHHWCFs.
(C) 67450.4(d)(10)(D). The operator shall assure that persons delivering the waste remain in their vehicles while in the waste acceptance area of the facility and shall assure that no unauthorized persons enter waste handling and storage areas.
(D) 67450.4(e)(2). The operator of a PHHWCF may consolidate the following wastes: water-based paints, oil-based paints, compatible solvents, gasoline, antifreeze, used oil, organic resins including but not limited to roofing tar, caulking and patching compounds, and adhesives, photofinishing finishing solutions and miscellaneous compatible solvent-containing wastes. If solvents, oil-based paints or gasoline are consolidated, the operator shall conduct these operations in an area approved by the local fire department and air quality management district.
(5) Maintain compliance with Health and Safety Code section 25200.14, except as specified below:
(A) Complete and file a Phase I environmental assessment with the Department within one year of commencing operation pursuant to section 66270.60 or by June 6, 1997, whichever date is later. A PHHWCF previously authorized to operate that completed the Phase I environmental assessment required by Health and Safety Code section 25200.14 is not required to complete a new Phase I environmental assessment for the purpose of this subparagraph.
1. The Phase I environmental assessment required by Health and Safety Code section 25200.14 shall be limited to the area defined by the operational boundary of the PHHWCF. The assessment shall be conducted only on the area directly affected by the operations of the PHHWCF. Corrective action, if any, taken pursuant to Health and Safety Code section 25200.14(f), shall be limited to releases from regulated units at the PHHWCF.
2. The certification required by Health and Safety Code section 25200.14(c) may be obtained from the owner, operator, or their designee, a professional engineer registered in the State of California, a registered geologist, or a registered environmental assessor.
3. The Phase I environmental assessment and certification required by this section shall be submitted to the Department at the same address specified in section 66270.60(d)(6)(A). A copy of the Phase I environmental assessment and the certification shall be made part of the operation plan required by subsection (a)(4) of this section.
(6) The operator of a PHHWCF may store wastes at the facility for up to one year from the date of collection.
 
  Note: Authority cited: Sections 25150 and 25218.3(d) , Health and Safety Code. Reference: Sections 25150, 25185.6, 25186, 25200, 25200.14, 25202.9 and 25218.3, Health and Safety Code. 
  

 



s 67450.30. Financial Assurance for Closure for Permanent Household Hazardous Waste Collection Facilities Permitted by Rule.
 (a) This section applies to all PHHWCFs, as defined in section 66260.10, deemed to have a permit pursuant to section 66270.60, subsection(d)(6).
(b) Financial assurance for closure: The operator shall prepare and submit to CUPA or authorized agency a written estimate, in current dollars, of the cost of closing the PHHWCF. The estimate shall be based on the maximum projected closure cost: however, the closure cost estimate may take into account any salvage value that may be realized from the sale of wastes, facility structures or equipment, land, or other facility assets at the time of closure. The closure cost estimate may also take into account reduced costs that may be incurred by employing the operator's own staff and/or equipment for actual closure activities.
(1) The operator shall adjust annually the closure cost estimate for inflation within sixty (60) days prior to the anniversary date of the original establishment of the financial mechanism(s). The adjustment shall be made as specified in sections 67450.13, subsections (a)(2)(A) and (a)(2)(B) using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as published by the U.S. Department of Commerce in its Survey of Current Business. The inflation factor is obtained by dividing the latest published annual Deflator by the Deflator of the previous year.
(A) The first adjustment is made by multiplying the closure cost estimate by the inflation factor. The result is the adjusted closure cost estimate.
(B) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor.
(2) The operator shall revise the closure cost estimate no more than thirty  (30) days after a change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (b)(1) of this section.
(3) The most current closure plan and the most current closure cost estimate shall be keep on file at the PHHWCF during the operating life of the facility.
(4) The operator shall submit to CUPA or authorized agency, a copy of each revised closure cost estimate prepared pursuant to paragraphs (1) and (2) of this subdivision.
(c) On or before October 1, 1996, financial assurance for closure of a PHHWCF shall be established by one of the following methods and submitted with the certification required in subsection (d) of this section:
(1) a closure trust fund, as specified in section 66265.143, subsection (a);
(2) a surety bond guaranteeing payment into a closure trust fund, as specified in section 66265.143, subsection (b);
(3) a closure letter of credit, as specified in section 66265.143, subsection  (c);
(4) closure insurance, as specified in section 66265.143, subsection (d),
(5) a financial test and corporate guarantee for closure, as specified in section 66265.143, subsection (e);
(6) multiple financial mechanisms for closure costs, as specified in section 66265.143, subsection (f),
(7) an alternate financial mechanism, as specified in section 66265.143, subsection (h); or
(8) self-insurance for public agencies (for public agencies)
(A) A public agency operating a PHHWCF may satisfy the requirements of this section by submitting a certificate of self-insurance to CUPA or authorized agency. The public agency shall submit DTSC Form 1220 (2/96), which may be obtained from CUPA or authorized agency. The certificate of self-insurance shall contain original signatures.
(B) The public agency shall guarantee that funds shall be available to close the facility whenever final closure occurs. The public agency shall also guarantee that once final closure begins, the public agency shall, at the direction of CUPA or authorized agency, provide funding up to an amount equal to the full amount of the most recent closure cost estimate, to a party or parties specified by CUPA or authorized agency.
(d) On or before October 1, 1996, the operator of a PHHWCF in operation prior to October 1, 1996 shall submit a certification to CUPA or authorized agency which documents compliance with the closure cost assurance requirements of subsection (b) of this section. For those PHHWCFs commencing operation after October 1, 1996, the certification shall be submitted with the notification required by section 662670.60(d)(6)(A).
(1) The certification shall contain the following information:
(A) The current closure cost estimate of the PHHWCF as determined in subsection (b) of this section.
(B) The mechanism(s) established to provide the closure cost assurance for the PHHWCF, as described in subsection (b).
(C) The name and location of the financial institution, insurance company, surety company, or other appropriate organization used to establish the closure assurance for the PHHWCF.
(D) The effective date of the closure assurance for the PHHWCF.
(E) The certification shall be signed according to the requirements of section 66270.11 as those requirements apply to permit applications.
(e) On or after October 1, 1996, a PHHWCF operating pursuant to a permit by rule not more than thirty (30) days in any calendar year, or a PHHWCF whose current closure cost estimate, as specified in this section, is less than $10,000.00, is not required to provide financial assurance as specified in section 67450.30 for the cost of closure. A PHHWCF exempt from financial assurance for closure pursuant to this subsection shall maintain at the facility, an amended copy of the certification required by subsection (d) of this section stating the reasons why the PHHWCF is eligible for this exemption. A copy of the amended certification required by this section, signed according to the requirements of section 66270.11 as those requirements apply to permit applications, shall be submitted to CUPA or authorized agency ten (10) days prior to the date upon which the operator operates pursuant to this exemption.
 
  Note: Authority cited: Sections 25150, 25218.3(d) and 25245 , Health and Safety Code. Reference: Sections 25150, 25218.3(d) and 25245, Health and Safety Code. 
  
 



 
 

 



 
 

 



 
 

 




s 67450.40. Scope and Purpose.
 (a) Scope. This article applies to:
(1) Any school district, or other school organization or agency, that operates a K-12 schools hazardous waste collection, consolidation, and accumulation facility (SHWCCAF) deemed to have a permit by rule pursuant to section 66270.60(d)(7); and
(2) Hazardous waste generated by K-12 schools if the waste will be managed at a SHWCCAF deemed to have a permit by rule.
(b) Purpose: This article provides for an alternative offsite hazardous waste management regulatory option that:
(1) Establishes the mechanisms and requirements for offsite collection, consolidation, and accumulation under permit by rule of hazardous wastes generated by the routine operation and maintenance of K-12 schools;
(2) Establishes the requirements for hazardous wastes generated by K-12 schools that are to be sent to an authorized offsite SHWCCAF operated in accordance with this article; and
(3) Establishes the requirements for transportation of eligible hazardous wastes generated by K-12 schools to an authorized offsite SHWCCAF operated in accordance with this article.
 
  Note: Authority cited: Sections 25150, 25150.6 and 25200, Health and Safety Code. Reference: Sections 25150, 25150.6, 25161 and 25200, Health and Safety Code. 
  
 




s 67450.41. Definitions.
 (a) For the purpose of this article, the following definitions apply:
(1) "Certified Unified Program Agency (CUPA)" means the agency certified pursuant to the requirements of Chapter 6.11 of the Health and Safety Code (commencing with section 25404) and Title 27, CCR, Division 1, Subdivision 4, Chapter 1 (sections 15100 through 15170).
(2) "Consolidation" means the bulking or combining of the same type of waste into a single container.
(3) "Contributing school" means a K-12 school that sends hazardous wastes generated by the school to a SHWCCAF.
(4) "Facility" means the area defined by the operational boundary of the SHWCCAF, including all tanks, containers, or other equipment used to manage hazardous waste.
(5) "K-12 schools" means all public or private schools in which instruction is given through grade 12, or in any one or more of those grades.
(6) "Lab pack" means small containers of hazardous waste placed in a sorbent-filled outer drum or container in accordance with the requirements of section 66264.316.
(7) "Offsite" means non-schoolyard property in direct control of the SHWCCAF owner or operator that is not accessible to school students or the general public.
(8) "Owner or operator" means the school district or other school organization or entity that owns or operates a SHWCCAF deemed to have a permit by rule.
(9) "School district" means the entity recognized as the governing entity for a public or private elementary or secondary school, or group of public or private elementary or secondary schools.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Sections 25123.7(b), 25117.1, 25150, 25200 and 25200.10, Health and Safety Code. 
  
 




s 67450.42. Eligible Wastes and Waste Management Restrictions.
 (a) The following hazardous wastes are eligible for management by SHWCCAFs operating pursuant to section 67450.44:
(1) Non-RCRA hazardous waste as defined in section 66261.101; and
(2) RCRA hazardous waste as defined in section 66261.100 if transportation and management of that waste at the SHWCCAF is exempt from, or is not otherwise regulated pursuant to, the federal act.
(b) Notwithstanding paragraph (a), the following hazardous wastes or management activities are prohibited from authorization under permit by rule pursuant to this article:
(1) Treatment of hazardous waste at the SHWCCAF;
(2) Acceptance at the SHWCCAF of hazardous wastes that exhibit the characteristic of reactivity pursuant to section 66261.23 (including, but not limited to, shock-sensitive or explosive chemical wastes).
(3) Acceptance at the SHWCCAF of hazardous wastes not generated by the routine operation or maintenance of a contributing K-12 school (such as non-routine demolition, construction, or renovation wastes); and
(4) Uncontained storage, storage in waste piles and surface impoundments, and land disposal of hazardous waste at the SHWCCAF.
(c) Except as provided in subsection (d), hazardous wastes generated from school science laboratories, including chemistry, physics, and biology classes, may be managed at a SHWCCAF only if all of the following conditions are met:
(1) At contributing schools:
(A) Science laboratory hazardous wastes, except laboratory specimens preserved in formalin and formaldehyde solutions, are lab packed in accordance with the requirements of section 66264.316 prior to transport to prevent reactions with the contained waste and ensure that incompatible wastes are not placed within the same outer container.
(B) Lab packs containing science laboratory hazardous wastes are marked with the types and volumes of wastes contained in the lab pack and the lab packs are not reopened during transportation to the SHWCCAF.
(2) At the SHWCCAF:
(A) Reopened lab packs containing science laboratory hazardous wastes are repackaged in accordance with the requirements of section 66264.316 to prevent reactions with the contained waste and ensure that incompatible wastes are not placed within the same outer container.
(B) Repackaged lab packs containing science laboratory hazardous wastes are marked with the types and volumes of wastes contained in the lab pack and the lab packs are not reopened during transportation to authorized recycling or disposal facilities.
(C) All lab pack reopening/repackaging shall be conducted within an appropriate spill containment system.
(D) Only the outer lab pack may be reopened/repackaged. Reopening or repackaging of the sealed primary container in which the waste was received is prohibited, unless a waste is eligible for consolidation according to subsection (d), or the primary container is damaged or leaking.
(E) Leaking or damaged lab packs and primary waste containers shall be immediately managed in accordance with the contingency plan and spill response and cleanup procedures required by section 67450.44.
(F) Personnel reopening or repackaging lab packs at the SHWCCAF are trained and work practices are managed in accordance with applicable requirements of the Occupational Safety and Health Administration, California Code of Regulations, title 8, sections 3380 and 5192.
(3) Personnel handling the laboratory hazardous wastes at the contributing school, in transit to the SHWCCAF, or at the SHWCCAF are trained in hazardous waste management and transport in accordance with sections 66265.16 and 67450.47.
(d) Only the following hazardous wastes may be consolidated with wastes of the same type into a single container at a SHWCCAF. Consolidation of these wastes shall be conducted only at the SHWCCAF and not during transport to the SHWCCAF. Each waste or wastestream listed shall be consolidated only with wastes or wastestreams of the same type.
(1) Duplicating fluid;
(2) Compatible formalin or formaldehyde solutions (that meet the conditions of subsection (c) above if generated in association with a school science laboratory);
(3) Compatible laboratory specimens (that meet the conditions of subsection (c) above if generated in association with a school science laboratory);
(4) Compatible solvents;
(5) Water-based or latex paints;
(6) Oil-based paints;
(7) Antifreeze;
(8) Gasoline;
(9) Used oil;
(10) Compatible organic resins, including, but not limited to, roofing tar, caulking and patching compounds, and adhesives; and
(11) Photoimaging solutions that are hazardous wastes solely due to the presence of silver.
(e) A SHWCCAF shall be established only at an offsite, non-schoolyard location where operation of the SHWCCAF is consistent with local land use zoning or land use patterns (e.g., a school district corporation yard).
(f) Wastes shall be accepted at the SHWCCAF only when personnel designated by the SHWCCAF owner or operator are present to accept and sign for the waste.
 
  Note: Authority cited: Sections 25150 and 25200, Health and Safety Code. Reference: Sections 25150 and 25200, Health and Safety Code. 
  
 




s 67450.43. Notification Requirements.
 (a) The owner or operator of a SHWCCAF shall be deemed to have a permit by rule when the owner or operator complies with subsections (b), (c), (d), (f) and (h) of this section, as applicable, and receives an acknowledgment from the CUPA or authorized agency authorizing operation of the SHWCCAF as required by subsection (e) or (g).
(b) The owner or operator of a SHWCCAF shall submit to the CUPA or authorized agency, in person or by certified mail with return receipt requested, a notification of intent to operate a SHWCCAF. The notification shall consist of the Business Activities page and the Business Owner/Operator Page of the Unified Program Consolidated Form (UPCF)(1/99 revised) found in Title 27, CCR, Division 1, Subdivision 4, Chapter 1, Appendix E (after section 15620), and all of the facility information listed below.
(1) The name, mailing address and telephone number of the SHWCCAF owner or operator;
(2) The facility name, address, legal description of the facility location, and identification number issued by the Department;
(3) The name, title, address, telephone number, facsimile number, and pager number, if applicable, of the facility contact person;
(4) The name, address, and telephone number of the legal owner of the property where the SHWCCAF is located, and a copy of a signed agreement by the property owner acknowledging and allowing operation of the SHWCCAF, if the property owner is different from the SHWCCAF owner or operator,
(5) A listing of all schools that will contribute hazardous waste to the SHWCCAF.
(6) An estimate of the total volume (in gallons or pounds) of hazardous wastes to be received at the SHWCCAF in an average month.
(7) A description of how waste is to be managed at the SHWCCAF, including the number of waste storage containers, volumes of each container, and total waste storage capacity of the SHWCCAF.
(8) A description of the operational hours and safety precautions to be taken at the SHWCCAF.
(9) A detailed description of the SHWCCAF. The description shall include, but not be limited to, fencing, gates, traffic flow, waste transfer areas, waste sorting areas, waste storage areas, containment features, and uses of the property surrounding the SHWCCAF and the SHWCCAF site property.
(10) Certification of financial responsibility for closure as required by section 67450.49(d).
(11) A facility plot map showing the general layout of the SHWCCAF. The drawing shall fit on an 8 1/2" by 11" sheet of paper, and include the following:
(A) Map scale, north arrow, and date;
(B) The boundaries of the SHWCCAF;
(C) The name and location of each operation area and waste management unit  (Example: consolidation area, storage area, used oil tank, etc.);
(D) The approximate location of the SHWCCAF site property boundaries with respect to the SHWCCAF;
(E) Security provisions (fencing, gates, etc.); and
(F) Internal roads, and onsite and offsite traffic flow.
(c) The notification shall be submitted a minimum of 45 days in advance of the planned commencement of operation of the SHWCCAF, and every five (5) years thereafter, or every five (5) years from the notification revision submitted pursuant to subsection (f). Each notification required by this subsection shall be completed, dated, and signed according to the requirements of section 66270.11 as those requirements apply to permit applications.
(d) The owner or operator of a SHWCCAF accepting waste from schools located within different CUPA or authorized agency jurisdictions shall submit copies of the notification, with a brief explanation indicating the copies are for information only, to each CUPA within whose jurisdiction a contributing school is located. The CUPA or authorized agency in whose jurisdiction the SHWCCAF is located shall coordinate with any other CUPAs or authorized agencies having jurisdiction over contributing schools on issues affecting those contributing schools.
(e) Within thirty (30) calendar days of receipt of a notification submitted pursuant to subsections (b) or (c) of this section, the CUPA or authorized agency shall acknowledge in writing receipt of the notification. The CUPA or authorized agency shall, in conjunction with the acknowledgment, authorize operation of the SHWCCAF subject to the requirements and conditions of this article; revoke, suspend, or deny authorization or reauthorization to operate under a permit by rule pursuant to section 67450.50; or notify the owner or operator that the notification is incomplete or inaccurate and inform the operator that additional information or correction(s) is needed. The CUPA or authorized agency shall deny the notification of any owner or operator who fails to provide the information or correction(s) requested within ten (10) calendar days of receipt of the acknowledgment. Upon good cause shown by the owner or operator, the CUPA or authorized agency shall grant the owner or operator additional time to provide the information or correction(s) requested. An owner or operator whose notification is rejected may submit a new or revised notification. The CUPA or authorized agency shall submit copies of any letter modifying or revoking authorization of the SHWCCAF to all CUPAs or authorized agencies in whose jurisdiction contributing schools are located.
(f) Forty-five (45) calendar days prior to implementing any change in the operation of the SHWCCAF as described in the notification required by subsections (b) or (c) of this section, the owner or operator shall send a revised notification to the CUPA or authorized agency. The CUPA or authorized agency shall notify the operator if the information is incomplete or inaccurate within thirty (30) calendar days of receipt of the revised notification. Upon good cause shown by the owner or operator, the CUPA or authorized agency shall allow the owner or operator to submit the revised notification within a shorter period of time prior to implementing the change.
(g) Within thirty (30) calendar days of receipt of a revised notification submitted pursuant to paragraph (f) of this section, the CUPA or authorized agency shall acknowledge in writing receipt of the revised notification. The CUPA or authorized agency shall, in conjunction with the acknowledgment, authorize continued operation of the SHWCCAF subject to the requirements and conditions of this article; deny authorization to operate under the revised notification specifications pursuant to section 67450.50; or notify the operator that the revised notification is incomplete or inaccurate and inform the owner or operator of the additional information or correction(s) needed. The CUPA or authorized agency shall deny the revised notification of any operator who fails to provide the information or correction(s) requested within ten (10) calendar days of receipt of the acknowledgment. Upon good cause shown by the owner or operator, the CUPA or authorized agency shall grant the operator additional time to provide the information or correction(s) requested. An owner or operator whose revised notification is rejected may submit a new revised notification. The owner or operator whose revised notification is rejected may continue to operate the SHWCCAF under the conditions of the previous authorization until authorization is received to operate under a revised notification, unless the previous authorization is revoked, suspended, denied, or voided pursuant to section 67450.50. The CUPA or authorized agency shall submit copies of any letter accepting or rejecting the revised notification to all CUPAs or authorized agencies in whose jurisdiction contributing schools are located.
(h) The owner or operator of a SHWCCAF shall remain in compliance with the requirements specified in this article between the time the SHWCCAF commences operation and the time the applicable facility closure performance standard requirements of section 67450.48 are met.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Sections 25150, 25158, 25185.6, 25186, 25200, 25245.4 and 25404.1, Health and Safety Code. 
  
 




s 67450.44. Requirements Applicable to K-12 Schools Hazardous Waste Collection, Consolidation, and Accumulation Facilities Deemed to Have a Permit by Rule.
 (a) The owner or operator who operates a SHWCCAF deemed to have a permit by rule shall do all of the following:
(1) Maintain compliance with sections 66262.10 through 66262.57 (Generator Standards) for any hazardous wastes generated at the SHWCCAF, except section 66262.41.
(2) Maintain compliance with sections 66264.175 (Containment) and 66265.148  (Incapacity of Owners or Operators, Guarantors, or Financial Institutions) except as follows:
(A) The engineering certification required by section 66264.175(c) shall be provided by the manufacturer of the containment system, an independent professional engineer registered in the State of California, or a registered professional engineer employed by a local government entity associated with the owner or operator of the SHWCCAF but not reporting to the SHWCCAF owner or operator.
(3) Maintain compliance with the following regulations in chapter 15 of this division:
(A) Article 2, General Facility Standards, commencing with section 66265.10  (except sections 66265.12(b), 66265.13, and 66265.19).
(B) Article 3, Preparedness and Prevention, commencing with section 66265.30.
(C) Article 4, Contingency Plan and Emergency Procedures, commencing with section 66265.50 (except section 66265.53(b));
(D) Section 66265.71(c) of Article 5, Manifest System, except as specified in section 66262.20(a)(1).
(E) Article 9, Use and Management of Containers, commencing with section 66265.170. Except that the minimum distance specified in section 66265.176 may, at the discretion of the owner or operator, be less than 15 meters (50 feet) from the facility's property line if the shorter distance minimizes the possibility of migration of contaminants to any adjacent property should a release occur, meets the Uniform Fire Code or local fire code requirements (whichever is more stringent), and the owner or operator has written approval from all the appropriate local agencies to use the shorter distance.
(F) Article 10, Tank Systems, commencing with section 66265.190 (except section 66265.197(c)(2)).
(4) Prepare, maintain at the facility, and operate in compliance with an operating record comprised of the items specified in sections 67450.44(a)(6)(A)3 and 67450.45(a) of this article, and the items specified below in subsections (A), (B), (C), and (D) as follows:
(A) Procedures to be followed to ensure that the SHWCCAF does not exceed the maximum hazardous waste volumes and accumulation time limits established in subsections (a)(8) and (a)(9) of this section. At a minimum, the plan shall include procedures to address the following:
1. A system for identifying and marking wastes with the waste volume and date received at the SHWCCAF. The system shall address tracking the location of wastes according to the waste volume and date received at the SHWCCAF and establishment of procedures for removal of the oldest wastes as necessary to maintain compliance with both the maximum waste volume provisions of subsection (a)(8) and waste accumulation time limit provisions of subsection (a)(9).
2. Assessment of whether and when the volume of wastes being brought to the SHWCCAF may cause the SHWCCAF to approach or exceed the established facility maximum waste volumes;
3. Arrangements for immediate transportation of wastes by a registered hazardous waste transporter to an authorized treatment, storage or disposal facility, such that the established maximum facility waste volumes and accumulation time limits shall not be exceeded.
(B) Procedures to be followed to ensure that the facility will be managed in an environmentally safe manner in the event of inclement weather.
(C) A copy of the written protocol when required by section 67450.44(a)(7)(B)3 for consolidation at the SHWCCAF of solvents, oil-based paints, or gasoline.
(D) Procedures for segregating and immediately removing from the SHWCCAF wastes prohibited from management at the SHWCCAF. The owner or operator of the SHWCCAF shall remove prohibited wastes from the SHWCCAF and transport them to an authorized treatment, storage or disposal facility, in accordance with all applicable regulations, within ten (10) days of receipt of the wastes at the SHWCCAF. The owner or operator shall document these actions in the facility operating log required by section 67450.45(a)(1).
(5) Maintain compliance with the transportation requirements established in section 67450.46 of this article.
(6) Maintain compliance with Health and Safety Code section 25200.14, except as specified below:
(A) Complete and file a Phase I environmental assessment with the Department, or with a CUPA authorized to implement Health and Safety Code section 25200.14 pursuant to Health and Safety Code section 25404.1, within one year of commencing operation pursuant to section 66270.60 and article 5 of chapter 45.
1. The Phase I environmental assessment required by Health and Safety Code section 25200.14 shall be limited to the area defined by the operational boundary of the SHWCCAF. The assessment shall be conducted only on the area directly affected by the operations of the SHWCCAF.
2. The certification required by Health and Safety Code section 25200.14(d) may be obtained from the owner, operator, or his or her designee, a professional engineer registered in the State of California, a registered geologist, or a registered environmental assessor.
3. The Phase I environmental assessment and certification required by this section shall be submitted to the Department, or CUPA authorized to implement Health and Safety Code section 25200.14 pursuant to Health and Safety Code section 25404.1. A copy of the Phase I environmental assessment and the certification shall be made part of the operating record required by subsection (a)(4) of this section.
(7) Consolidation of hazardous wastes at the SHWCCAF shall be conducted in compliance with section 67450.42(d) of this article, and as specified below:
(A) Consolidation shall be conducted in a manner that prevents mixing of incompatible wastes.
(B) Consolidation shall be conducted in compliance with any applicable air quality management district or air pollution control district requirements and any applicable local fire agency requirements. In addition, consolidation shall be conducted to include the following:
1. Every reasonable effort shall be made to minimize the loss of volatile organic compounds during any consolidation activities.
2. Emission of nuisance odors shall be prevented during any consolidation activities.
3. If solvents, oil-based paints, or gasoline are to be consolidated at the SHWCCAF and local air district or fire agency requirements specific to that activity apply, the owner or operator of the SHWCCAF shall develop, and operate in compliance with, written consolidation procedures approved by the local fire and air quality management district or air pollution control district having jurisdiction over the SHWCCAF.
(C) All consolidation shall be conducted within an area with secondary containment in accordance with section 66264.175 if containers are used for consolidation of the wastes, and section 66265.193 if tank systems are used for the consolidation of wastes.
(8) The maximum quantity of hazardous wastes accumulated at the SHWCCAF at any one time, including hazardous waste generated by the SHWCCAF, shall not exceed 1,080 gallons or 8,800 pounds, whichever is greater. If the volume of hazardous wastes being transported to the SHWCCAF is such that the quantity limit will be exceeded, the owner or operator shall immediately make arrangements for a registered hazardous waste transporter to pick up wastes from the facility, such that the maximum quantity of hazardous waste allowed at the SHWCCAF shall not be exceeded.
(9) Notwithstanding section 66262.34, the owner or operator of a SHWCCAF may accumulate and store non-RCRA or RCRA hazardous waste, if management of that waste at the SHWCCAF is exempt from or is not otherwise regulated pursuant to the federal act, at the facility for up to one year from the date of collection from contributing schools or the date of generation at the SHWCCAF, as long as the maximum quantity of hazardous waste allowed at the SHWCCAF is not exceeded.
 
  Note: Authority cited: Sections 25150 and 25150.6, Health and Safety Code. Reference: Sections 25150, 25185.6, 25200, 25200.14 and 25404.1, Health and Safety Code. 
  
 




s 67450.45. Recordkeeping Requirements.
 (a) The owner or operator of a SHWCCAF deemed to have a permit by rule shall maintain at the facility an operating record consisting of the following documents and the items specified in section 67450.44(a)(4).
(1) A continuous hazardous waste inventory and facility operating log of the hazardous wastes accepted, generated, stored, or consolidated at the facility, along with hazardous wastes transported from the facility.
(2) A list of the specific personnel designated by the SHWCCAF owner or operator to operate the SHWCCAF, transport contributing school wastes to the SHWCCAF, or accept waste at the SHWCCAF.
(3) A written inspection schedule, in accordance with section 66265.15(b).
(4) Personnel training documents, in accordance with section 66265.16(d).
(5) A contingency plan, in accordance with section 66265.53(a).
(6) A copy of the most recent notification submitted as required by sections 67450.43(b), (c) and (f) and a copy of the most recent acknowledgment received from the Department, CUPA or authorized agency pursuant to sections 67450.43(e) and (g).
(7) Copies of any local land use permits or other permits that may be necessary for the operation of the facility, and documentation that the operation of the SHWCCAF is consistent with local land use zoning or land use patterns.
(8) A copy of the closure plan required by section 67450.48(c).
(9) A copy of documents related to the environmental investigation and any cleanup, abatement or other necessary remedial action taken in response to a release of hazardous waste at the SHWCCAF.
(10) Documentation of any convictions, judgments, settlements, or orders resulting from any action by any local, State, or federal environmental or public health enforcement agency concerning the operation of the facility within the last three years, as the documents would be available under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Part 1 of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of the Civil Code).
(b) The owner or operator shall make the documents specified in subsection (a) available upon demand at the facility to any representative of the Department, the CUPA or authorized agency. A copy of these documents shall also be delivered in person or by certified mail with return receipt requested to the Department, CUPA or authorized agency when requested in writing by the Department, CUPA or authorized agency. The request from the Department, CUPA or authorized agency shall specify the documents which are required, where and how to submit the required documents, and the date by which the documents shall be submitted.
(c) The owner or operator of a SHWCCAF shall keep all records required by this section for a minimum period of three years. The record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department, CUPA, or authorized agency.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Sections 25150, 25185.6, 25200 and 25404.1, Health and Safety Code. 
  
 




s 67450.46. Transportation Requirements.
 (a) Wastes may be transported to the SHWCCAF from contributing schools without use of a hazardous waste manifest or registered hazardous waste transporter only as provided in subsections (a)(1) or (a)(2). Transportation of hazardous waste from contributing schools to the SHWCCAF not done in accordance with subsections (a)(1) or (a)(2) is subject to all applicable hazardous waste transportation requirements.
(1) Wastes are transported in accordance with Health and Safety Code section 25163(c) and all of the following conditions are met:
(A) The contributing school is the waste generator and generates not more than 100 kilograms of hazardous waste in any month;
(B) The contributing school transporting the waste does not accumulate more than a total of 1,000 kilograms of hazardous waste onsite at any one time;
(C) The total volume of hazardous waste transported does not exceed five gallons or the total weight does not exceed 50 pounds;
(D) The hazardous wastes are transported in closed containers and packed in a manner that prevents the containers from tipping, spilling, or breaking during the transporting;
(E) Different hazardous waste materials are not mixed within a container during the transporting (except wastes lab packed prior to transport in accordance with the requirements of section 66264.316 and the physical properties of the wastes);
(F) If the hazardous waste is extremely hazardous waste or acutely hazardous waste, the extremely hazardous waste or acutely hazardous waste was not generated in the course of any business, and is not more than 2.2 pounds.
(2) Wastes are transported in a manner that all of the following conditions are met:
(A) The hazardous waste is a non-RCRA hazardous waste, or the hazardous waste or its transportation is otherwise exempt from, or is not otherwise regulated pursuant to the federal act.
(B) The hazardous waste is transported by trained employees of the contributing school generating the waste, by trained contractors under the control of the contributing school, or by trained employees of the owner or operator of the SHWCCAF, in vehicles which are owned or operated by the contributing school or the owner or operator of the SHWCCAF, or by registered hazardous waste transporters. The contributing school shall assume liability for a spill of hazardous waste being transported under this subsection by the contributing school, or a contractor of the contributing school in a vehicle owned or operated by the contributing school. The owner or operator of the SHWCCAF shall assume liability for a spill of hazardous waste being transported under this subsection by an employee or contractor of the SHWCCAF owner or operator in a vehicle owned or operated by the SHWCCAF owner or operator. Nothing in this subsection bars any agreement to insure, hold harmless, or indemnify a party to the agreement for any liability under this section or otherwise bars any cause of action a generator would otherwise have against any other party.
(C) The hazardous waste is not held at any interim location, other than the SHWCCAF, for more than eight hours, unless that holding is required by other provisions of law.
(D) Not more than 135 gallons or 1,100 pounds, whichever is greater, of hazardous waste is transported in any shipment.
(E) A shipping paper containing all of the following information accompanies the hazardous waste while in transport.
1. A list of the hazardous waste being transported.
2. The type and number of containers being used to transport each type of hazardous waste.
3. The quantity, by weight or volume, of each type of hazardous waste being transported.
4. The physical state, such as solid, powder, liquid, semi-solid, or gas, of each type of hazardous waste being transported.
5. The name, location, and EPA Identification Number, if applicable, of the contributing school where the hazardous waste was generated.
6. The name and signature of the contributing school representative offering the waste for transport to the SHWCCAF.
7. The name and signature of the individual(s) who transport the hazardous waste from the contributing school to the SHWCCAF.
8. The date that the hazardous waste leaves the contributing schools and the date that the hazardous waste arrives at the SHWCCAF.
9. The name, address, telephone number, and EPA Identification Number of the SHWCCAF to which the hazardous waste is being transported.
10. The name, telephone number, and pager number if available, of an emergency response contact, for use in the event of a spill or other release.
11. The name and signature of the personnel designated by the SHWCCAF owner or operator who accepts the waste at the SHWCCAF.
(F) All shipments of hazardous waste conform with all applicable requirements of the United States Department of Transportation for hazardous materials shipments.
(b) The owner or operator of the SHWCCAF shall keep records in accordance with section 67450.45, including the shipping papers required pursuant to subsection (a)(2)(E) of this section, of all wastes transported to the SHWCCAF from contributing schools and all wastes transported from the SHWCCAF. The records for wastes transported to and from the SHWCCAF for the last three years shall be kept onsite at the SHWCCAF and be available for immediate inspection by the Department, the CUPA or authorized agency, or other federal or local agency with jurisdiction over the transport of hazardous wastes. The records retention period is automatically extended during the course of any pending enforcement action regarding the regulated activity or as requested by the Department, CUPA, or authorized agency.
(c) All hazardous wastes transported from the SHWCCAF shall be managed and transported as follows:
(1) Managed in accordance with the pre-transport requirements established in sections 66262.30 (Packaging), 66262.31 (Labeling), 66262.32 (Marking), and 66262.33 (Placarding); and
(2) Transported in accordance with sections 66262.20 through 66262.23  (Manifest), using a hazardous waste manifest and registered hazardous waste transporter, as applicable, only to an authorized treatment, storage, or disposal facility.
 
  Note: Authority cited: Sections 25150, 25150.6 and 25161 Health and Safety Code. Reference: Sections 25150, 25150.6, 25160 and 25163, Health and Safety Code. 
  
 




s 67450.47. Training Requirements.
 (a) Hazardous waste transported to the SHWCCAF from contributing schools and hazardous waste managed at the SHWCCAF shall be handled only by personnel trained in hazardous waste management procedures in accordance with section 66265.16 and authorized by the contributing school or SHWCCAF owner or operator to handle the waste. The required personnel training shall be in an amount and frequency sufficient to ensure protection of human health, safety, and the environment, and shall address, in addition to the emergency response training requirements of section 66265.16(a)(3), the following areas as they relate to K-12 school waste and the positions held by personnel:
(1) Hazardous waste identification;
(2) Hazardous waste management, including waste storage and consolidation considerations (especially with respect to chemical compatibility, reactivity, and temperature sensitivity);
(3) Non-emergency hazardous waste spill or release response procedures; and
(4) Hazardous waste regulatory requirements applicable to the transportation and management of hazardous wastes pursuant to this article.
(b) Pre-transport packaging (including lab packing of eligible science laboratory hazardous wastes), labeling, marking, or other transportation related management of contributing school hazardous waste shall be performed only by contributing school or SHWCCAF personnel trained in hazardous waste transportation and management procedures pursuant to subsection (a) of this section.
(c) Personnel training documents shall be maintained at each contributing school in accordance with section 66265.16(d) and at each SHWCCAF in accordance with the SHWCCAF recordkeeping and reporting requirements established in section 67450.45 of this article.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Sections 25150 and 25185.6, Health and Safety Code. 
  
 




s 67450.48. SHWCCAF Closure.
 (a) The owner or operator of a SHWCCAF deemed to have a permit by rule shall close the SHWCCAF in a manner that:
(1) Removes all hazardous wastes accumulated and stored at the SHWCCAF;
(2) Minimizes the need for further maintenance; and
(3) Controls, minimizes, or eliminates, to the extent necessary to protect human health and the environment, potential or actual escape of hazardous waste, hazardous constituents, leachate, contaminated rainfall or runoff, or waste decomposition products to the ground or surface waters or to the atmosphere from wastes managed at the SHWCCAF in accordance with this article.
(b) During closure periods, all contaminated equipment, structures, and soil shall be properly disposed of, or decontaminated by removing all hazardous waste and residues, unless specified otherwise in section 66265.197. All hazardous waste generated as a function of disposal or decontamination shall be handled in accordance with the requirements of section 67450.44(a)(1) for hazardous wastes generated at the SHWCCAF.
(c) The SHWCCAF owner or operator shall, within 6 months after authorization under PBR, prepare a written closure plan that identifies the steps necessary to perform partial or final closure at any point during the active life of the SHWCCAF and to perform final closure at the end of the active life of the SHWCCAF. The SHWCCAF owner or operator shall amend the closure plan whenever changes in the SHWCCAF operating record or facility design or operation affect the closure plan. The SHWCCAF closure plan shall:
(1) Describe how and when the SHWCCAF will be closed. At a minimum, the description shall identify how the owner or operator will:
(A) Remove all hazardous waste from the site;
(B) Classify and properly manage contaminated container systems, tank systems, soils, structures, and equipment; and
(C) Determine when the site meets the closure criteria specified in subsection  (a) above.
(2) Be maintained in accordance with the SHWCCAF recordkeeping requirements established in section 67450.45 of this article.
(d) Within ninety (90) days after receipt of the final load of hazardous waste, the SHWCCAF owner or operator shall remove from the facility all hazardous waste in accordance with the closure plan and the applicable requirements of this chapter unless the owner or operator demonstrates to the CUPA or authorized agency that the activities required to remove the hazardous wastes will require longer than ninety (90) days, or there is a reasonable likelihood that the facility will accept additional wastes, and the owner or operator has taken and will continue to take all steps necessary to prevent threats or harm to human health and the environment.
(e) The SHWCCAF owner or operator shall complete closure activities in accordance with the closure plan within 180 days after removal of the final volume of hazardous waste from the facility unless the owner or operator demonstrates to the CUPA or authorized agency that the activities required to complete will require longer than 180 days to complete, or there is a reasonable likelihood that the owner or operator will recommence operation of the facility, and the owner or operator has taken and will continue to take all steps necessary to prevent threats or harm to human health and the environment.
(f) The SHWCCAF owner or operator shall notify the CUPA or authorized agency, and any other agencies having jurisdiction over the closure of the facility, at least fifteen (15) days prior to completion of closure.
(g) The SHWCCAF owner or operator shall remain in compliance with all applicable requirements of this article until the owner or operator submits to the CUPA or authorized agency a certification signed by the owner or operator and by a professional engineer registered in California, that closure has been completed in accordance with the closure plan and that the closure plan meets or exceeds the applicable requirements of this article. The certification shall be submitted to the CUPA or authorized agency within 60 days of final closure of the SHWCCAF. The required professional engineer certification shall be provided by an independent, registered professional engineer, or a registered professional engineer employed by a local government entity associated with the owner or operator of the SHWCCAF but not reporting to the SHWCCAF owner or operator.
 
  Note: Authority cited: Section 25150, Health and Safety Code. Reference:  Sections 25150, 25185.6, 25200 and 25404.1, Health and Safety Code. 
  
 




s 67450.49. Financial Assurance for SHWCCAF Closure.
 (a) This section applies to all SHWCCAFs deemed to have a permit by rule pursuant to section 66270.60, subsection (d)(7).
(b) The owner or operator of a SHWCCAF shall prepare and submit to the CUPA or authorized agency a written estimate, in current dollars, of the cost of closing the SHWCCAF. The estimate shall be based on the maximum projected closure cost. However, the closure cost estimate may take into account any salvage value that may be realized from the sale of wastes, facility structures or equipment, land, or other facility assets at the time of closure. The closure cost estimate may also take into account reduced costs that may be incurred by employing the operator's own personnel and/or equipment for actual closure activities.
(1) The owner or operator of a SHWCCAF shall adjust annually the closure cost estimate for inflation within sixty (60) days prior to the anniversary date of the original establishment of the financial mechanism(s). The adjustment shall be made as specified below using an inflation factor derived from the annual Implicit Price Deflator for Gross National Product as published by the U.S. Department of Commerce in its Survey of Current Business. The inflation factor is obtained by dividing the latest published annual Deflator by the Deflator for the previous year.
(A) The first adjustment is made by multiplying the closure cost estimate by the inflation factor developed as specified in subsection (b)(1) of this section. The result is the adjusted closure cost estimate.
(B) Subsequent adjustments are made by multiplying the latest adjusted closure cost estimate by the latest inflation factor developed as specified in subsection (b)(1) of this section.
(2) The owner or operator of a SHWCCAF shall revise the closure cost estimate no more that thirty (30) days after a change in the closure plan increases the cost of closure. The revised closure cost estimate shall be adjusted for inflation as specified in subsection (b)(1) of this section.
(3) The most current closure plan and the most current closure cost estimate shall be kept on file at the SHWCCAF during the operating life of the facility.
(c) Financial assurance for closure of a SHWCCAF shall be established by one of the following methods and submitted with the certification required in subsection (d) of this section:
(1) a closure trust fund, as specified in section 66265.143, subsection (a);
(2) a surety bond guaranteeing payment into a closure trust fund, as specified in section 66265.143, subsection (b);
(3) a closure letter of credit, as specified in section 66265.143, subsection  (c);
(4) closure insurance, as specified in section 66265.143, subsection (d);
(5) a financial test and corporate guarantee for closure, as specified in section 66265.143, subsection (e);
(6) multiple financial mechanisms for closure costs, as specified in section 66265.143, subsection (f),
(7) an alternate financial mechanism, as specified in section 66265.143, subsection (h); or
(8) self-insurance (for public agencies).
(A) A public agency operating a SHWCCAF may satisfy the requirements of this section by submitting a certificate of self-insurance to the CUPA or authorized agency. The public agency shall submit DTSC Form 1220 (2/96) that may be obtained from the CUPA or authorized agency. The certificate of self-insurance shall contain original signatures.
(B) The public agency shall guarantee that funds shall be available to close the facility whenever final closure occurs. The public agency shall also guarantee that once final closure begins, the public agency shall, at the direction of the CUPA or authorized agency, provide funding up to an amount equal to the full amount of the most recent closure cost estimate, to a party or parties specified by the CUPA or authorized agency.
(d) The owner or operator of a SHWCCAF shall submit a financial assurance certification to the CUPA or authorized agency that documents compliance with the closure cost estimate and financial assurance requirements of subsections (b), (c), and (d) of this section, as necessary. The certification shall be submitted with the notification required by sections 67450.43(b), (c), or (f), as appropriate, or annually in years where notification is not required.
(1) The certification shall contain the following information:
(A) The current closure cost estimate of the SHWCCAF as determined in subsection (b) of this section.
(B) The mechanism(s) established to provide the closure cost assurance for the SHWCCAF, as described in subsection (d), including:
1. The name and location of the financial institution, insurance company, surety company, or other appropriate organization used to establish the closure assurance for the SHWCCAF.
2. The effective date of the closure assurance for the SHWCCAF.
(C) The certification shall be signed according to the requirements of section 66270.11 as those requirements apply to permit applications.
(2) The CUPA or authorized agency may require the owner or operator of a SHWCCAF to submit the Certification of Financial Assurance Page of the Unified Program Consolidated Form (UPCF) (1/99 revised) found in Title 27, CCR, Division 1, Subdivision 4, Chapter 1, Appendix E (after section 15620), as the certification required by the section.
 
  Note: Authority cited: Sections 25150 and 25245, Health and Safety Code. Reference: Sections 25150, 25200, 25245 and 25404.1, Health and Safety Code. 
  
 




s 67450.50. Revocation, Suspension and Denial of Authorization or Reauthorization, and Operating Restrictions for SHWCCAFs Operating Under Permit by Rule.
 (a) Notwithstanding the provisions of Chapter 21 of this division, the Department, CUPA or authorized agency may revoke or suspend authorization or reauthorization for any SHWCCAF operating or proposing to operate under a permit by rule as provided in this section. The Department, CUPA or authorized agency may also deny authorization or reauthorization for a SHWCCAF operating or proposing to operate under a permit by rule as provided in this section. The Department, CUPA or authorized agency shall base a decision on any one of the factors set forth in section 66270.43(a) or (b) or on Health and Safety Code section 25186 or on a finding that operation of the SHWCCAF in question will endanger human health, domestic livestock, wildlife, or the environment.
(1) Notice of revocation, suspension, or denial shall be provided to the owner or operator of a SHWCCAF by certified mail with return receipt requested or by personal service.
(2) An owner or operator of a SHWCCAF whose authorization or reauthorization is revoked or suspended or who is denied authorization or reauthorization to operate a SHWCCAF under a permit by rule and who wishes to appeal the revocation, suspension, or denial shall appeal by submitting a letter requesting a hearing to the agency revoking, suspending, or denying authorization within ten (10) days of receipt of notice of revocation, suspension, or denial.
(3) Proceedings to appeal a CUPA or authorized agency's decision concerning revocation, suspension, or denial of authorization or reauthorization to operate under permit by rule shall be conducted in accordance with Chapter 5 (commencing with section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Any authorization or reauthorization to operate a SHWCCAF granted pursuant to this article is contingent upon the accuracy of information contained in the notifications required by sections 67450.43(b), (c), and (f). Any misrepresentation or any failure to fully disclose all relevant facts shall render the authorization or reauthorization to operate null and void.
(c) The Department, CUPA or authorized agency, when denying or revoking authorization for a SHWCCAF, shall send a copy of the letter sent pursuant to subsection (a)(1) to each CUPA or authorized agency with a contributing school in its jurisdiction.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25186, 25186.1, 25186.2, 25200, 25404.1 and 25404.2, Health and Safety Code; and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. 
  
 




s 67451. Waste Analysis for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67452. Principal Organic Hazardous Constituents (POHCs) for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 




s 67453. Performance Standards for Permitted Facilities.
 
  Note:    Authority cited: Sections 208, 39002, 40702, 41982 and  42300, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code. 
  
 




s 67454. Hazardous Waste Incinerator Permits.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67455. Operating Requirements for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67457. Monitoring and Inspections for Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67461. Waste Analysis for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67462. General Operating Requirements for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67464. Monitoring and Inspections for Interim Status Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67468. Closure for Both Interim Status and Permitted Facilities.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67490. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67493. General Operating Requirements.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67495. Waste Analysis.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67497. Monitoring and Inspections.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67520. Applicability.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67521. General Operating Requirements.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67522. Waste Analysis and Trial Tests.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67523. Inspections.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67524. Closure of Interim Status Facilities Which Treat Hazardous Waste Other Than in Tanks, Surface Impoundments, Land Treatment Units or Incinerator or Other Thermal Treatment Units.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  
 




s 67525. Special Requirements for Ignitable or Reactive Waste.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67526. Special Requirements for Incompatible Wastes.
 
  Note:    Authority cited: Section 208, Health and Safety Code. Reference:  Sections 25159 and 25159.5, Health and Safety Code. 
  

 




s 67600. Certification of Laboratories.
 
  Note:    Authority cited: Sections 25173 and 25198.2(a), Health and Safety Code. Reference: Sections 25198.3, 25198.5(a)(1) and (c) and 25198.7(a) and (b), Health and Safety Code. 
  
 




s 67601. Test Categories.
 
  Note:    Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(1), Health and Safety Code. 
  

 




s 67602. Quality Assurance Program.
 
  Note:    Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(2), Health and Safety Code. 
  

 




s 67603. Laboratory Equipment.
 
  Note:    Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(3), Health and Safety Code. 
  

 




s 67604. Analytical Procedures.
 
  Note:    Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(4), Health and Safety Code. 
  

 




s 67605. Personnel Qualifications.
 
  Note:    Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.2(b)(5), Health and Safety Code. 
  

 




s 67606. Proficiency Testing.
 
  Note:    Authority cited: Section 25198.2(a), Health and Safety Code. Reference: Section 25198.5(c), Health and Safety Code. 
  

 




s 67650. Request As to Whether Property Should Be Designated As Hazardous Waste Property or Border Zone Property; Granted a Variance from a Designation of Property As Hazardous Waste Property or Border Zone Property; or Have a Designation of Property As Hazardous Waste Property or Border Zone Property Removed.
 
  Note:    Authority cited: Section 25156, Health and Safety Code. Reference:  Sections 25221, 25222, 25233 and 25234, Health and Safety Code. 
  
 




s 67651. Ascertainment of Sufficient Evidence for a Proceeding to Designate Property As Hazardous Waste Property or Border Zone Property; to Grant a Variance from Such Designation; or to Remove Such Designation.
 
  Note:    Authority cited: Section 25156, Health and Safety Code. Reference:  Sections 25221, 25222, 25233 and 25234, Health and Safety Code. 
  
 




s 67700. Purpose, Scope and Applicability.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5, 25179.6, 25179.11, 25179.12 and 25208.16, Health and Safety Code. 
  
 




s 67702. List of Restricted Hazardous Wastes.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 




s 67706. Waste Prohibitions -General.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 




s 67710. Waste Specific Prohibitions -Solvent Wastes.
 
  Note:    Authority cited: Section 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 251790.6, Health and Safety Code. 
  
 




s 67711. Waste Specific Prohibitions -Dioxin-Containing Wastes.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25259, 25159.5 and 25179.6, Health and Safety Code. 
  
 




s 67715. Waste Specific Prohibitions -Non-RCRA Wastes.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, and 15179.7, Health and Safety Code. 
  
 




s 67720. Dilution of Restricted Hazardous Wastes Prohibited as a Substitute for Treatment.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code. 
  
 




s 67721. Prohibitions on Storage of Restricted Wastes.
 
  Note:    Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code. 
  
 




s 67732. Procedures for Case-by-Case Extensions to an Effective Date.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.68 Health and Safety Code. Reference: Sections 15374-15378, Government Code, and Sections 25159, 25159.5, 25179.6 and 25179.8, Health and Safety Code. 
  
 




s 67740. Waste Analysis and Recordkeeping.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5and 25179.6, Health and Safety Code. 
  
 




s 67750. Applicability of Treatment Standards.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 




s 67755. Treatment Standards Expressed as Concentrations in Waste Extract.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code. 
  
 




s 67760. Treatment Standards Expressed As Waste Concentrations.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 




s 67770. Variance from a Treatment Standard.
 
  Note:    Authority cited; Sections 208, 25150, 25159 and 25179.8, Health and Safety Code. Reference: Sections 15374-15378, Government Code, and Sections 25159, 25159.5 and 25179.6 and 25179.8, Health and Safety Code. 
  
 




s 67780. Treatment Standard for PCB Wastes.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code. 
  
 




s 67785. Treatment Standards for Non-RCRA Aqueous and Liquid Organic Wastes.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code. 
  
 




s 67786. Treatment Standards for Non-RCRA Solid Hazardous Waste Containing Organics.
 
  Note:    Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25179.6, Health and Safety Code. 
  
 




s 67800.1. Requirements for Standardized Permit Facilities.
 (a) A facility with an existing permit issued pursuant to Health and Safety Code section 25200 may have its permit converted directly to a standardized permit, using the Class 1 permit modification procedures as specified in section 66270.42. In addition to all other applicable requirements, the owner or operator of a facility eligible for the standardized permit tier pursuant to section 66270.69 shall comply with all of the following:
(1) Articles 1 through 7, 9 and 10 of Chapter 14 of this division.
(2) section 66264.175 regarding secondary containment for containers;
(3) section 67800.5 regarding financial responsibility compliance.
 
  Note: Authority cited: Sections 25150, 25201.6, 58004 and 58012, Health and Safety Code. Reference: Sections 25150, 25201.6 and 25250.1, Health and Safety Code. 
  
 




s 67800.5. Financial Responsibility for Facilities Operating Under a Standardized Permit.
The owner or operator of a facility that operates pursuant to a standardized permit issued pursuant to Health and Safety Code section 25201.6 shall comply with chapter 14, article 8, except as follows:
(a) Series A facilities, as defined by Health and Safety Code section 25201.6(a)(1), shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs.
(b) Series B facilities, as defined by Health and Safety Code section 25201.6(a)(2), Series C facilities, as defined by Health and Safety Code section 25201.6(a)(3), that treat or store reactive, ignitable or extremely hazardous waste and Series C facilities that treat solvents in accordance with Health and Safety Code section 25201.6(g)(2) shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $500,000 per occurrence with an annual aggregate of at least $1 million, exclusive of legal defense costs.
(c) Series C facilities, as defined by Health and Safety Code section 25201.6(a)(3), shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $300,000 per occurrence with an annual aggregate of at least $600,000, exclusive of legal defense costs.
(d) Notwithstanding subdivision (c) of this section, Series C facilities that treat no more than 1,500 gallons of liquid hazardous waste or 3,000 pounds of solid hazardous waste in any calendar month, or have a maximum storage capacity of no more than 15,000 gallons of liquid hazardous waste or 30,000 pounds of solid hazardous waste, shall have and maintain liability coverage for sudden accidental occurrences in the amount of at least $100,000 per occurrence with an annual aggregate of at least $200,000, exclusive of legal defense costs.
(e) An owner or operator of more than one facility that operates pursuant to a standardized permit may meet the liability coverage requirements of this section by having and maintaining liability coverage at the level required for the facility that is regulated at the highest standardized permit series.
(f) An owner or operator of one or more facilities that operate pursuant to a standardized permit, who also owns or operates one or more facilities regulated pursuant to a hazardous waste facility permit, may meet the liability coverage requirements of this section by having and maintaining sudden liability coverage as required by section 66264.147(a).
(g) An owner or operator of one or more facilities that operate pursuant to a standardized permit, who also owns or operates one or more facilities that operates pursuant to interim status granted pursuant to Health and Safety Code section 25200.5 may meet the liability coverage requirements of this section by having and maintaining liability coverage as required by section 66265.147(a).
 
  Note: Authority cited: Sections 25143.13, 25150, 25200.1, 25201.6,  25245, 58004 and 58012, Health and Safety Code. Reference: Sections 25143.13, 25150, 25200.1, 25200.5, 25200.9 and 25201.6, Health and Safety Code. 
  
 



s 67900.1. Purpose and Scope.
This article establishes the applicable criteria and procedures for procurement, by the Department of Toxic Substances Control, of architectural and engineering services related to response actions at hazardous substance sites and corrective actions at hazardous waste facilities. These criteria and procedures shall apply to the extent such response actions are not exempted from State contract requirements under Health and Safety Code section 25358.5 or covered by Health and Safety Code section 25358.6.1 and shall be in compliance with Government Code section 19130.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526 and 19130, Government Code; and Sections 25358.5 and 25358.6.1, Health and Safety Code. 
  
 



s 67900.2. Definitions.
As used in these regulations:
(a) "Architectural, landscape architectural, engineering, environmental and land surveying services" includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. Such services need to be procured pursuant to these regulations only if they are of the type which would lead to, or result in, instruments of service for the construction of a "project" as that term is used in the State Contract Act (commencing at section 10105 of the Public Contract Code).
(b) "Construction project management" means those services provided by a licensed architect, registered engineer or licensed general contractor which meet the requirements of section 4529.5 of the Government Code for management and supervision of work performed on State construction projects.
(c) "Department" means the Department of Toxic Substances Control.
(d) "Director" means the Director of the Department of Toxic Substances Control or his/her designee.
(e) "Environmental services" means those services performed in connection with project development and permit processing in order to comply with Federal and State environmental laws. "Environmental services" also includes the processing and awarding of claims pursuant to chapter 6.75 (commencing with section 25299.10) of division 20 of the Health and Safety Code.
(f) "Firm" means any individual, firm, partnership, corporation, association, joint venture or other legal entity permitted by law to practice the professions of architecture, landscape architecture, engineering, environmental services, land surveying or construction project management services.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4525, 4526 and 4529.5, Government Code; and Section 10105, Public Contract Code. 
  
 



s 67900.3. Publication of Announcement.
 (a) When a project requiring architectural, landscape architectural, engineering, environmental or land surveying services of a value of over $1 million is identified by the Department, an announcement shall be made by the Director through the State Contracting Register. In addition, the Director may selectively advertise to reach providers of services within the appropriate trade or profession by publishing the announcement through electronic communications media which support bulletin boards or Internet Web sites that have demonstrated statewide accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured.
(b) For projects where such services in each instance shall not exceed $1 million, the Director may make annual announcements, published as above, which identify the general needs of the State.
(c) The announcement shall contain the following minimal information: The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data must be received by the Director.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code; and Sections 25358.6.1, Health and Safety Code. 
  
 



s 67900.4. Establishment of Criteria.
The Director shall establish criteria, on a case by case basis, which will comprise the basis for selection for each project which shall include such factors as professional excellence, demonstrated competence, specialized experience of the firm, education and experience of key personnel, staff capability, workload, ability to meet schedules, principals to be assigned, nature and quality of completed work, reliability and continuity of the firm, location, professional awards and other considerations deemed relevant. Such factors shall be weighted by the Director according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code. 
  
 



s 67900.5. Selection of Architects, Engineers or Land Surveyors.
After expiration of the announcement period stated in the publications, the Director shall evaluate statements of qualifications and performance data on file in the Department. The Director shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required service. From the firms with which discussions are held, the Director shall select no less than three, in order of preference, based upon the established criteria, who are deemed to be the most highly qualified to provide the services required.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4527, Government Code. 
  
 



s 67900.6. Estimate of Value of Services.
Before any discussion with any firm concerning fees, the Director shall cause an estimate of the value of such services to be prepared. Such estimates shall be, and remain, confidential until award of contract or abandonment of any further procedure for the services to which it relates.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code. 
  

 



s 67900.7. Abandonment of Estimate.
At any time the Director determines the State's estimate to be unrealistic due to rising costs, special conditions, or for other relevant considerations, the Director may require that the estimate be reevaluated.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code. 
  
 



s 67900.8. Negotiation.
 (a) The Director shall, in accordance with section 6106 of the Public Contract Code, attempt to negotiate a contract with the best qualified firm. Should the Director be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated.
(b) The Director shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated.
(c) The Director shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated.
(d) Should the Director be unable to negotiate a satisfactory contract with any of the selected firms, the Director may select additional firms in the manner prescribed and continue the negotiation procedure.
 
  Note: Authority cited: Section 4526, Government Code; and Section 6106, Public Contract Code. Reference: Sections 4526 and 4528, Government Code. 
  
 



s 67900.9. Amendments.
In instances where the State effects a necessary change in the project during the course of performance of the contract, the firm's compensation may be adjusted by mutual written agreement in a reasonable amount where the amount of work to be performed by the firm is changed from that which existed previously in the scope of work agreed to by both parties.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code. 
  
 



s 67900.10. Contracting in Phases.
 (a) Should the Director determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the Director shall have determined that:
(1) The firm is best qualified to perform the whole project at reasonable cost, and;
(2) The contract contains provisions that the State, at its option, may utilize the firm for other phases and that the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually agreed upon and reflected in a subsequent written instrument.
(b) The procedure with regard to estimates and negotiation shall otherwise be applicable.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Sections 4526 and 4528, Government Code. 
  
 



s 67900.11. Small Business Participants.
 (a) The Director shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the Director concludes that small business firms could be especially qualified. The Director shall assist firms in attempting to qualify for small business status.
(b) A failure of the Director to send a copy of an announcement to any firm shall not operate to invalidate any contract.
 
  Note: Authority cited: Section 4526, Government Code. Reference: Section 4526, Government Code. 
  
 



s 67900.12. Conflict of Interest/Unlawful Activity.
Any unlawful practice or activity is prohibited including, but not limited to rebates, kickbacks or any other unlawful activity. Department employees are specifically prohibited from participating in the contractor selection process when those employees have a relationship with a person or business entity seeking a contract under this section, as specified in Government Code section 87100.
 
  Note: Authority cited: Sections 4526 and 87100, Government Code. Reference: Section 4526, Government Code. 
  
 



s 68000. Purpose and Scope.
 (a) These regulations establish provisions for certification of hazardous waste environmental technologies. Hazardous waste environmental technologies include, but are not limited to, hazardous waste management technologies, site mitigation technologies, and waste minimization and pollution prevention technologies.
(b) The regulations in the chapter set forth basic certification requirements, including, but not limited to technology eligibility, certification application requirements, and certification procedures.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code. 
  
 



s 68010. Technology Eligibility Criteria.
 A hazardous waste environmental technology is eligible for certification by the Department if the technology (1) does not pose a significant potential hazard to human health and safety or to the environment if operated in compliance with specified conditions, and (2) the technology relates to hazardous waste. Hazardous waste incineration technologies are excluded from eligibility for certification.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code. 
  
 



s 68020. Certification Elements.
 (a) A certification is a technical evaluation of the technology which shall include all of the following.
(1) A statement of the technical specifications applicable to the technology.
(2) A determination of the composition of the hazardous wastes or chemical constituents for which the technology may appropriately be used.
(3) An estimate of the efficacy and efficiency of the technology in regard to the hazardous wastes or chemical constituents for which it is certified.
(4) A specification of the minimal operational standards the technology is required to meet to ensure that the certified technology is managed properly and used safely.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code. 
  
 



s 68030. Application Requirements.
 (a) All applicants seeking a hazardous waste technology certification evaluation shall submit the following information to the Department, unless the Department indicates to the applicant in writing that a particular item is inapplicable and need not be submitted:
(1) Name of applicant, contact person, mailing address, and telephone number.
(2) A technology description including but not limited to a discussion of the unit processes or specific steps by which the technology operates, process flow diagrams, piping and instrumentation diagrams, and equipment specifications.
(3) The underlying scientific and engineering principles of the technology supported by technical literature, patents, and other documentation, if available.
(4) A description of the commercial status of the technology.
(5) Proposed certification statement, including performance claims and the hazardous waste streams or materials for which the applicant wants the technology to be certified.
(6) An estimate of the efficacy and efficiency of the technology in regard to those hazardous waste streams/materials for which certification is desired and bases for arriving at the estimates.
(7) Recommended operating conditions and limits.
(8) Supporting data and documentation necessary to verify the efficacy and efficiency of the technology for the recommended operating limits. Where existing data are insufficient, the applicant shall provide a description of new studies and experiments needed to generate the necessary data.
(9) Description of all potential environmental impacts, including but not limited to emissions, discharges, and residuals from use of the technology.
(10) Quality control/quality assurance procedures.
(11) Critical operating parameters and conditions.
(12) Monitoring and control of operating parameters and conditions.
(13) Operator training, education, and experience requirements to safely and effectively operate the technology, if any.
(14) Operation and maintenance procedures (including installation, inspection, and emergency and upset instructions), supported by documents such as standard operational procedures, users manuals, operational and maintenance manuals.
(15) Documents which address worker health and safety issues and requirements related to the use of the technology, including but not limited to material safety data sheets and health and safety plans.
(16) The hazards to health, safety, or to the environment posed by those hazardous wastes and materials and their constituents for which the technology is designed to manage.
(17) The complexity and degree of difficulty of operating the technology in regards to the hazardous waste streams and materials for which certification is desired.
(18) The chemical or physical hazards that are associated with the use of the technology, and the hazards associated with the process which produced the hazardous waste or wastes.
(19) The levels of specialized operator training, technology maintenance, and monitoring that are required to ensure that the technology is operated safely and effectively.
(20) The types of accidents or system upsets which may occur during use of the technology in managing those hazardous waste streams and materials for which certification is desired, the likely consequences of those accidents, and the actual accident history associated with the use of the technology.
(21) Any additional information deemed necessary by the Department in order for it to make a determination regarding suitability for certification.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Sections 25200.1.5, 25200.3 and 25201.5, Health and Safety Code. 
  
 



s 68040. Confidentiality of Information.
 (a) An applicant or holder of a technology certification may assert a claim of business confidentiality by following the procedures set forth in Title 22 of the California Code of Regulations, section 66260.2. Information submitted to the Department pursuant to this chapter may be claimed as business confidential. Such a claim shall be asserted at the time of submission by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Department may make the information available to the public without further notice to the applicant. If a claim of confidentiality is asserted, the information will be evaluated and treated in accordance with the procedures set forth in section 66260.2.
(b) Claims of confidentiality for the name and address of any certification applicant will be denied.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code; and 40 CFR Section 260.2. 
  
 



s 68050. Certification Procedures.
 (a) The Department shall use the following procedures to determine if a certification should be granted or denied. The Department shall:
(1) Review the certification application and any other pertinent information to make a preliminary determination whether or not the proposed technology is eligible for certification as a hazardous waste environmental technology pursuant to section 68010, and shall notify the applicant of its decision. If rejected as ineligible, the Department shall provide the applicant the reasons for the rejection.
(2) Estimate its costs to evaluate the technology and to make a certification decision in accordance with sections 68010 and 68020.
(3) Prepare an agreement for services containing the estimated costs of evaluating the technology for a certification decision.
(4) Negotiate the agreement and have the applicant and the Department sign the agreement.
(5) Receive payment of fees, pursuant to section 68080.
(6) If the Department determines that additional data are needed, the Department shall request that the applicant provide additional existing data, and perform field testing to collect new data, if necessary. The Department shall review such data when making the certification decision.
(7) Prepare an evaluation report and proposed certification decision.
(8) Publish in the California Regulatory Notice Register, the Department's proposed decision on an application for certification of a hazardous waste environmental technology, which shall be subject to a 30-day
comment period. The Department shall review any comments received and complete the final certification decision.
(9) The final certification decision shall be published in the California Regulatory Notice Register, and shall become effective not sooner than 30 days after its publication.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code. 
  
 



s 68060. Duration of Certification.
Unless amended pursuant to section 68100, the duration of a hazardous waste environmental technology certification is three (3) years. The duration of the certification shall be specified in each instance within the certification statement published in the California Regulatory Notice Register. Technologies can be re-evaluated and, if appropriate, re-certified pursuant to the certification application requirements and procedures specified in this chapter.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code. 
  
 



s 68070. Revocation of Certification.
The Department may revoke a hazardous waste environmental technology certification if it determines, on the basis of any reliable information, that the hazardous waste environmental technology may pose a significant potential or actual hazard to human health and safety or to the environment, or that the technology does not perform as certified, or that any information submitted to the Department related to the certification is inaccurate, has been misrepresented, or that any pertinent information was omitted. The recipient of the certification shall maintain the quality of the manufactured materials and equipment at a level equal to or better than was provided to obtain this certification and shall be subject to quality monitoring by the Department as is required by section 25200.1.5 of the Health and Safety Code. The Department may revoke the hazardous waste environmental technology certification in accordance with the procedures set forth in Health and Safety Code section 25200.1.5(d).
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code. 
  
 



s 68080. Fees.
 (a) The Department shall recover the actual costs to the Department for evaluating hazardous waste environmental technologies, and making certification decisions. An estimate of these costs and a scope of work, including a summary delineating the activities that will be conducted, shall be part of the technology evaluation and certification services agreement. A dispute resolution process, to address conflicts between the applicant and the Department regarding the terms of the services agreement, shall be part of the agreement.
(b) Each applicant for a technology certification shall submit a non-refundable fee of two-hundred fifty dollars ($250) with the application. This fee will cover the Department's cost for the preliminary determination of eligibility for certification as described in section 68050(a)(1). The remainder of the costs to evaluate the technology shall be due according to the terms of the negotiated agreement as specified in section 68050(a)(3).
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code. 
  
 



s 68090. Certification Reference.
 (a) The holder of a valid hazardous waste environmental technology certification is authorized to use the certification seal (Registered Service Mark Number 046720) and shall cite the technology certification number and date of issuance in conjunction with the certification seal whenever it is used.
(b) When providing information on the certification to an interested party, the holder of a hazardous waste environmental technology certification shall at a minimum provide the full text of the final certification decision as published in the California Regulatory Notice Register.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code. 
  
 



s 68100. Amendments to Certifications.
The Department on its own initiative or upon receipt of an application from the holder of the certification may amend a hazardous waste environmental technology certification.
(a) In the case of a Department initiated amendment, the Department will:
(1) Inform the applicant of the Department's intent to amend the certification.
(2) Prepare an evaluation report and proposed certification decision.
(3) Publish in the California Regulatory Notice Register, the Department's proposed decision regarding the amendment, which shall be subject to a 30-day comment period. The Department shall review any comments received and complete the final certification decision.
(4) Publish the final certification decision in the California Regulatory Notice Register, which shall become effective not sooner than 30 days after its publication.
(b) During the time periods specified in subdivision (a), paragraphs (3) and  (4), the existing certification shall remain valid.
(c) In the case of an amendment applied for by the holder, the Department will follow the procedures set forth in section 68050. During the time periods specified in section 68050(a)(8) and (a)(9), the existing certification shall remain valid.
(d) In the case of an amendment applied for by the holder, the applicant shall reimburse the Department for its costs in amending the certification.
 
  Note: Authority cited: Sections 25150, 25200.1.5, 58004 and 58012, Health and Safety Code. Reference: Section 25200.1.5, Health and Safety Code. 
  
 



s 68200. Purpose.
The purpose of the Cleanup Loans and Environmental Assistance to Neighborhoods Revolving Loan Fund is to finance the performance of actions necessary to respond to the release or threatened release of a Hazardous Material on a Brownfield, as defined, or Eligible Underutilized Property. The Program supports two programs: the Investigating Site Contamination Program (ISCP) and the Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Loan Program.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012 Health and Safety Code. Reference: Sections 25395.21 and 25395.22, Health and Safety Code. 
  
 



s 68201. Overview; Administering Agency.
 (a) The Department will be the Administering Agency for all Properties that are the subject of an ISCP Loan.
(b) As provided under section 68207, the Department, the State Board, a Regional Board, or a Local Oversight Program Agency under contract with the State Board will be the Administering Agency for a site that is the subject of a Loan from the CLEAN Loan Program.
(c) An Applicant for a Loan may not request that a different agency be designated as the Administering Agency by the Site Designation Committee created by section 25260 of the Health and Safety Code.
(d) Investigating Site Contamination Program (ISCP):
(1) The ISCP provides Loans to Eligible Applicants for the purpose of conducting Preliminary Endangerment Assessments (PEAs) of Brownfields, as defined, or Eligible Underutilized Properties;
(2) Loan funds will not be disbursed until execution of an ISCP Environmental Oversight Agreement under section 68211;
(3) Loan recipients shall agree to provide any and all PEA site assessment results to the Department if the Loan recipient does not proceed with the Project under section 68211; and
(4) Loans from the ISCP may not be used to pay for Ineligible Costs as defined in section 68202(r);
(e) Cleanup Loans and Environmental Assistance to Neighborhoods (CLEAN) Program:
(1) The CLEAN Loan Program provides Loans to Eligible Applicants for the purpose of performing actions necessary to Respond to the release or threatened release of a Hazardous Material including, but not limited to, site characterization, preparation of feasibility studies, public participation, preparation of remedy selection documents, actual construction and other cleanup activities on an Eligible Property. The CLEAN Loan Program does not include activities deemed Operation and Maintenance as determined by the Administering Agency;
(2) As a condition of obtaining a Loan, Loan recipients who are responsible parties as defined in section 25323.5 of the Health and Safety Code or are Persons subject to regulation under chapter 6.7 (commencing with section 25280) or chapter 6.75 (commencing with section 25299.10 of the Health and Safety Code) are required to complete all actions necessary to Respond to releases or threatened releases of a Hazardous Material on the Property as approved by the Administering Agency even if the Loan amount does not finance the full cost of such actions;
(3) Work undertaken using funds from the CLEAN Loan Program must be conducted by a qualified Project Coordinator with expertise in Hazardous Materials site investigation and cleanup. All engineering and geological work must be conducted in conformance with applicable State laws including, but not limited to, Business and Professions Code sections 6735 and 7835;
(4) Loan funds shall not be disbursed until execution of a CLEAN Loan Program Response Action Agreement with the Department or other enforceable agreement with another Administering Agency under section 68211; and
(5) Loans from the CLEAN Loan Program may not be used to pay for Ineligible Costs under section 68202(r).
 
  Note: Authority cited: Sections 25150, 25260, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.27 and 25395.28, Health and Safety Code. 
  
 



s 68202. Definitions.
Unless the context indicates otherwise and except as provided in this section, the definitions set forth in chapter 6.8 of division 20 of the Health and Safety Code govern interpretation of this article. For the purposes of this article, the following definitions apply:
(a) "Account" means the Cleanup Loans and Environmental Assistance to Neighborhoods Account established pursuant to subdivision (b) of section 25395.20 of the Health and Safety Code.
(b) "Administering Agency" means either the Department, a Regional Board, the State Board, or a Local Oversight Program Agency that oversees all aspects of a site investigation and Response Action conducted on a Property that is the subject of a CLEAN Loan Program Loan. Under section 25395.27 of the Health and Safety Code, the Administering Agency has jurisdiction over all activities required to carry out a site investigation and Response Action necessary to Respond to the Hazardous Materials release at the Property;
(c) "Applicant" means a Person, as defined in subdivision (ff) that is applying for a Loan under section 68206;
(d) "Application" means the information an Applicant provides to the Department when seeking a Loan under section 68206;
(e) "Borrower" means an Applicant whose Application has been approved and who has executed a Loan Agreement under section 68210;
(f) "Brownfield" means a Property that meets all of the following conditions:
(1) It is located in an Urban Area;
(2) It was previously the site of an Economic Activity that is No Longer In Operation at that location;
(3) It has been vacant or has had no occupant engaged in year-round economically productive activities for a period of not less than the 12 months previous to the date of Application for a Loan pursuant to this article.
(g) "CLEAN Loan Program Response Action Agreement" means the agreement executed under section 68211 authorizing the Department's oversight of the actions necessary to Respond to the release or threatened release of a Hazardous Material on an Eligible Property for the CLEAN Loan Program;
(h) "Cleanup and Abatement Order" means an order issued by a Regional Board pursuant to section 13304 of the Water Code;
(i) "Cleanup Loans and Environmental Assistance to Neighborhoods Loan Program" or "CLEAN Loan Program" means the program established by the Department under section 25395.22 of the Health and Safety Code to provide Loans to finance the performance of any action necessary to respond to a release or threatened release at an Eligible Property.
(j) "Department" means the Department of Toxic Substances Control;
(k) "Director" means the Director of the Department of Toxic Substances Control;
(l) "Economic Activity" means a governmental activity, or a commercial, agricultural, industrial, or not-for-profit enterprise, or other economic or business concern;
(m) "Eligible Applicant" means an Applicant that has an interest in or Economic Activity within the boundaries of an Eligible Property and that is not an Ineligible Applicant as defined under subdivision (q);
(n) "Eligible Contiguous Expansion" means the expansion onto contiguous property of an operating industrial or commercial facility owned or operated by one of the following:
(1) A Small Business;
(2) A nonprofit corporation formed under the Nonprofit Public Benefit Corporation Law (part 2 (commencing with section 5110) of division 2 of title 1 of the Corporations Code) or the Nonprofit Religious Corporation Law (part 4 (commencing with section 9110) of division 2 of title 1 of the Corporations Code); or
(3) A Small Business Incubator.
(o) "Eligible Property" means a Property that is any of the following:
(1) A Brownfield;
(2) An Underutilized Property, as defined in subdivision (rr) of this section, that is any of the following:
(A) A Property described in subparagraph (E) of paragraph (4) of subdivision  (rr) of this section;
(B) A Property located in an Enterprise Zone established pursuant to the Enterprise Zone Act (chapter 12.8 (commencing with section 7070) of division 7 of title 1 of the Government Code), in a project area for which a redevelopment plan has been approved pursuant to article 4 (commencing with section 33300) of chapter 4 of part 1 of division 24 of the Health and Safety Code, or in an eligible area, as determined by the Technology, Trade and Commerce Agency pursuant to paragraph (2) of subdivision (c) of section 7072 of the Government Code;
(C) A Property, the redevelopment of which will result in any of the following:
1. An increase in the number of full-time jobs that is at least 100 percent greater than the number of jobs provided by the Economic Activity located on the Property before redevelopment occurred;
2. An increase in Property taxes paid to the local government that is at least 100 percent greater than the Property taxes paid by the Property owner before redevelopment occurred;
3. Sales tax revenues to the local government that are sufficient to defray the costs of providing municipal services to the Property after the redevelopment occurs;
4. Housing for very low, low-, or moderate-income households, as defined in paragraph (2) of subdivision (h) of section 65589.5 of the Government Code; or
5. The construction of new or expanded school facilities, public day care centers, parks, open space and habitat area, or community recreational facilities.
(3) A Brownfield or an Underutilized Property described in subparagraph (B) of paragraph (2) that will be the site of an Eligible Contiguous Expansion.
(p) "Hazardous Material" means a substance or waste that, because of its physical, chemical, or other characteristics, may pose a risk of endangering human health or safety or of degrading the environment. Hazardous Material includes, but is not limited to, all of the following:
(1) A hazardous substance, as defined in section 25281 or section 25316 of the Health and Safety Code, including the substances specified in section 25317 of the Health and Safety Code;
(2) A hazardous waste, as defined in section 25117 of the Health and Safety Code;
(3) A waste, as defined in section 101075 of the Health and Safety Code, or as defined in section 13050 of the Water Code.
(q) "Ineligible Applicant" means any of the following:
(1) A Person who has been convicted of a felony or misdemeanor involving Hazardous Materials, including, but not limited to, a conviction of a felony or misdemeanor under section 25395.13 of the Health and Safety Code;
(2) A Person who has been convicted of a felony or misdemeanor involving moral turpitude, including, but not limited to, the crimes of fraud, bribery, the falsification of records, perjury, forgery, conspiracy, profiteering, or money laundering;
(3) A Person who the Department determines is in violation of an administrative order or agreement that:
(A) Is issued by or entered into with any federal, State, or Local Agency and
(B) Requires Response Action;
(4) A Person who knowingly made a false statement regarding a material fact or knowingly failed to disclose a material fact in connection with an Application submitted under this article; and
(5) Any Person determined to be ineligible by the Department under section 68206.
(r) "Ineligible Costs" means any of the following:
(1) Costs of Phase I Environmental Site Assessments;
(2) Costs of Operation and Maintenance as defined in subdivision (dd);
(3) Costs associated with oversight by the Department of the preparation and approval of a PEA, or oversight by the Administering Agency of the response action on the Property; and
(4) Costs to conduct a PEA for CLEAN Loan Program Loans only.
(s) "Ineligible Property" means any of the following:
(1) Property currently listed or proposed for listing on the National Priorities List pursuant to subparagraph (B) of paragraph (8) of subdivision (a) of section 9605 of the Comprehensive Environmental Response Compensation and Liability Act, as amended (42 U.S.C. s 9605(a)(8)(B));
(2) Property that is, or has ever been, owned or operated by a department, agency, or instrumentality of the United States;
(3) Property that will be the site of a contiguous expansion or improvement of an operating industrial or commercial facility, unless the Property is a Brownfield or Underutilized Property described in subparagraph (B) of paragraph (2) of subdivision (o) that will be the site of an Eligible Contiguous Expansion as defined in subdivision (n); or
(4) Any Property determined to be ineligible by the Department under section 68206.
(t) "Infrastructure" means basic service systems such as sewer, water, transportation, and utilities;
(u) "Investigating Site Contamination Program" or "ISCP" means the program established by the Department under section 25395.21 of the Health and Safety Code to provide Loans to conduct PEAs of Eligible Properties;
(v) "ISCP Environmental Oversight Agreement" means the agreement executed under section 68211 that governs the preparation of a PEA for an Eligible Property under the ISCP Loan program;
(w) "Leaking Underground Fuel Tank" means a leaking underground fuel tank that is a "tank" as defined in section 25299.24 of the Health and Safety Code;
(x) "Loan" means a Loan from the Account that is either an ISCP Loan or a CLEAN Loan Program Loan;
(y) "Loan Agreement" means the written agreement between a Borrower and the Department made in accordance with section 68210;
(z) "Loan Committee" means representatives of those agencies specified under subdivision (a) of section 25395.23 of the Health and Safety Code: the Secretary of the California Environmental Protection Agency, the Secretary of the Technology, Trade and Commerce Agency, the Secretary of the Business, Transportation and Housing Agency, and the Director of the Office of Planning and Research or their appointed representatives, and up to three other members selected by the Department who have public or private sector experience or expertise in commercial lending, environmental, or economic development issues;
(aa) "Local Government Agency" or "Local Agency" means a county, city, city and county, redevelopment agency or district of any type including a school district, or any other local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency of the foregoing;
(bb) "Local Oversight Program Agency" means a Local Agency that is under contract with the State Board in accordance with chapter 6.7 (commencing with section 25280 of the Health and Safety Code) and chapter 6.75 (commencing with section 25299.10 of the Health and Safety Code) as specified in section 25395.28(a)(1) of the Health and Safety Code;
(cc) "No Longer In Operation" describes an Economic Activity that has ceased to function or to conduct operations of the type usually associated with the Economic Activity on the Property;
(dd) "Operation and Maintenance" means those activities initiated or continued at a site following completion of a Response Action that are deemed necessary by the Administering Agency in order to protect public health or safety or the environment, to maintain the effectiveness of the Response Action at the site, or to achieve or maintain the Response Action standards and objectives established by the approved remedial action plan or approved removal action work plan applicable to the site;
(ee) "PEA-equivalent" means an environmental assessment submitted with a CLEAN Loan application that provides basic information to determine if there is or has been a release or threatened release of a Hazardous Material at the Property at concentrations that may pose a risk to public health and safety and the environment, and that includes all of the activities specified in subdivision (hh)-(1-3);
(ff) "Person" means an individual, trust, firm, joint stock company, business concern, corporation, partnership, limited liability company, association, redevelopment agency, sole proprietorship, joint venture, non-profit organization, or any Local Government Agency or Local Agency;
(gg) "Phase I Environmental Site Assessment" or "Phase I" means an assessment of a Property to determine whether there has been, or may have been, a release of a Hazardous Material based on reasonably available information about the Property and general vicinity. A Phase I may include, but is not limited to, a review of public and private records, current and historical land uses, prior releases of a Hazardous Material, database searches, reviews of relevant files of federal, State, and Local Agencies, visual and other surveys of the Property and general vicinity, interviews with current and previous owners and operators, and review of regulatory correspondence and environmental reports. Sampling or testing is not required as part of a Phase I Environmental Site Assessment. A Phase I shall be performed in compliance with the licensing and educational requirements in subdivision (d) of section 68205;
(hh) "Preliminary Endangerment Assessment" or "PEA" means an activity that is performed to determine if there is or has been a release or threatened release of a Hazardous Material that poses a threat to the public health or the environment and is conducted in a manner that complies with the guidelines published by the Department entitled "Preliminary Endangerment Assessment: Guidance Manual," (June 1999, or as later amended by the Department, which is incorporated by reference). A Preliminary Endangerment Assessment includes all of the following activities:
(1) Sampling of a Property, and laboratory analysis of those samples;
(2) A preliminary determination of the type and extent of Hazardous Material contamination of a Property;
(3) A preliminary evaluation of the risks of Hazardous Material contamination of a Property may pose to public health or the environment.
(ii) "Project" means any Response Action and the planned future development of the Property included in an Application;
(jj) "Project Coordinator" means the Person or Persons that possess the requisite qualifications to manage the Response Action at the Property and who have been identified as intended to manage the Response Action;
(kk) "Property" means the Property within the boundaries described as the Property boundaries in the Application submitted under section 68206. A Property may be all or a portion of a site where there is a known or suspected release or threatened release of a Hazardous Material;
(ll) "Regional Board" means a California Regional Water Quality Control Board;
(mm) "Response," "Respond," or "Response Action" have the same meanings as defined in section 9601(25) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. s 9601(25)). The enforcement and oversight activities of the Administering Agency are included within the meaning of "Response," "Respond," or "Response Action";
(nn) "Secured Creditor Insurance" has the same meaning as defined in subdivision (k) of section 25395.40 of the Health and Safety Code;
(oo) "Small Business" means an independently owned or operated business, that is not dominant in its field of operation that together with affiliates, has 100 or fewer employees, and that has average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or a business that is a manufacturer, as defined in section 14837 of the Government Code, with 100 or fewer employees;
(pp) "Small Business Incubator" means a Small Business Incubator that is undertaking a contiguous expansion of an operating industrial or commercial facility with the assistance of a grant authorized by section 15339.3 of the Government Code or a loan guarantee provided pursuant to section 14090 of the Corporations Code.
(qq) "State Board" means the State Water Resources Control Board;
(rr) "Underutilized Property" means Property that meets all of the following conditions:
(1) It is located in an Urban Area;
(2) An Economic Activity is conducted on the Property;
(3) It is the subject of a proposal for development pursuant to this article; and
(4) At least one of the following applies:
(A) The Economic Activity on the Property is irregular or intermittent in nature and uses the Property for productive purposes less than four months in any calendar year;
(B) The Economic Activity on the Property employs less than 25 percent of the area of the Property (as measured in square feet) for productive purposes;
(C) The structures, Infrastructure, and other facilities on the Property are antiquated, obsolete, or in such poor repair that they cannot be used for the purposes for which they were originally constructed and require replacement in order to implement the redevelopment proposal;
(D) The Economic Activity conducted on the Property is a parking facility or another activity that offers a similar marginal economic service and the facility or activity will be replaced when the Property is redeveloped; or
(E) The Property is adjacent to one or more Brownfields that are the subject of a Project under this article and its inclusion in the Project is necessary in order to ensure that the redevelopment of the Brownfield or Brownfields occurs.
(ss) "Urban Area" means either of the following:
(A) A central city or a group of contiguous cities with a combined population of 50,000 or more, together with adjacent densely populated areas having a population density of at least 1,000 persons per square mile; or
(B) An urbanized area as defined in paragraph (2) of subdivision (b) of  section 21080.7 of the Public Resources Code. Urbanized areas are listed in Appendix 1.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.20, 25395.21, 25395.22, 25395.27, 25395.28 and 25395.40, Health and Safety Code. 
  
 



s 68203. Loan Amounts; Interest.
 (a) Investigating Site Contamination Program Loans: An ISCP Loan may not be for more than $100,000;
(b) Cleanup Loans and Environmental Assistance to Neighborhoods Loan Program Loans: A CLEAN Loan Program Loan may not be for more than $2,500,000;
(c) The interest rate for ISCP and CLEAN Loan Program Loans shall be the same rate as earned on investments in the State's Surplus Money Investment Fund (Government Code section 16475). The rate earned on investments in the Surplus Money Investment Fund in effect on the date of Loan approval shall be retained for the life of the Loan;
(d) If a Borrower defaults on a Loan, the rate of interest from the date of default will be either 10 percent or the default interest rate specified in the Loan Agreement executed under section 68210, whichever is greater;
(e) A Loan shall not be used to pay for Ineligible Costs as defined under subdivision (r) of section 68202;
(f) Interest on the Loan amount for an ISCP Loan shall accrue from the date of each disbursement of ISCP Loan funds by the Department; and
(g) Interest on the Loan amount of a CLEAN Loan Program Loan shall accrue from the date of each disbursement of CLEAN Loan Program funds by the Department.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.24 and 25395.31, Health and Safety Code. 
  
 



s 68204. ISCP Waivers of Loan Repayment.
 (a) A recipient of an ISCP Loan may request, in writing, a partial waiver of Loan repayment under the following conditions:
(1) If after completion of the PEA, a Borrower who is not the owner of the Property believes that the sum of the cost of the Response Action  and the current appraised fair market value of the Property is greater than the projected fair market value of the Property after all necessary Response Actions have been completed and thus renders the redevelopment Project not economically feasible, the Borrower may request a waiver of Loan repayment of up to 75 percent of the Loan amount;
(2) In support of a written waiver request, the Borrower shall submit the following to the Department:
(A) A report that estimates the cost of the Response Action prepared for the Property by any of the following who are licensed or registered to practice in California and who have demonstrated expertise in Hazardous Material remediation and cost estimation: Class II environmental assessor, engineering geologist, licensed hazardous substance contractor, or licensed professional engineer. An affidavit may be submitted in lieu of the report if the affidavit is signed by a person who is authorized under this subparagraph to prepare a cost estimation report;
(B) A real estate appraisal that provides an appraised value based on the estimated value of the Property after all necessary Response Actions have been taken, and performed by a licensed Real Estate appraiser appropriately and currently certified by the State of California Office of Real Estate Appraisers. The appraisal shall include a copy of the appraiser's current certificate; and
(C) An affidavit in support of the written waiver request that sets forth the information and documentation required under this section.
(b) The Department will present the written waiver request to the Loan Committee for its determination to approve or deny;
(c) The amount of repayment waived shall be deemed a grant to the Borrower. The Borrower shall repay the remaining portion of the Loan within one year of the approval date of the waiver; and
(d) A Borrower who has received a partial waiver of Loan repayment under subdivision (a) may not apply for a CLEAN Loan Program Loan for the same Property until the full amount of the ISCP Loan initially disbursed has been repaid.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.20, 25395.21, 25395.22, 25395.24 and 25395.31 Health and Safety Code. 
  
 



s 68205. Loan Application Content.
 (a) An Applicant shall submit an ISCP Loan Application, (DTSC Form 1290, dated 10/01, which is incorporated by reference), or a CLEAN Loan Program Loan Application, (DTSC Form 1291, dated 10/01, which is incorporated by reference), as applicable, to the Department;
(b) The Application shall contain, at a minimum, all of the following:
(1) Description of the Property that is the subject of the Loan and upon which a PEA or Response Action will be performed. The description shall include a legal description of the Property boundaries, Assessor's Parcel Number, or other identification sufficient to identify the areal extent of the Property. If the Property is a portion of a larger site where there is known or suspected release or threatened release of a Hazardous Material, the Application shall include a description of the entire site, including the boundaries of the known or suspected release or threatened release of a Hazardous Material;
(2) Documentation that demonstrates the Property is an Eligible Property;
(3) Documentation of appropriate security interest in the Property and source of Loan repayment;
(4) Documentation of the Applicant's credit-worthiness, including a description of the Applicant's bank relationships, to include but not limited to existing bank loans and other debts;
(5) If the Department has made a determination under subdivision (g) of section 68206 that sufficient funding to meet the demand for Loans will not be available, sufficient information to enable the Department to determine the priority ranking of the Property under subdivision (g) of section 68206;
(6) For a CLEAN Loan Program Loan, description of the intended redevelopment Project and its projected benefits, if known, and the name, address, and resume of the project coordinator;
(7) Documentation that the Applicant has control of the Property or the right to enter the Property and conduct a PEA or Response Actions as necessary;
(8) For a CLEAN Loan Program Loan for a Property that is part of a larger site, documentation that the planned future development of the Property is consistent with the current and reasonably foreseeable future land uses of the larger site;
(9) For a CLEAN Loan Program Loan, general description of the Response Action to be performed on the Property;
(10) For a CLEAN Loan Program Loan for a Property that is part of a larger site, description of any Response Action that is currently being performed or that will be performed on the larger site;
(11) For a CLEAN Loan Program Loan, description of all past and current administrative orders, agreements, judicial orders, and consent decrees that
(A) Relate to any of the following:
1. the Property,
2. the Applicant,
3. the Applicant under any previous name or names, or
4. if the Applicant is a business concern, any officer, director, or partner of the business concern and any previous names of the business concern;
(B) were issued by or entered into with any federal, State, or local agency including the State Board, or a Regional Board; and
(C) require Response Action at a site;
(12) For a CLEAN Loan Program Loan, documentation of the total debt against the Property on which the Response Action will be taken;
(13) For a CLEAN Loan Program Loan, estimated value of the Property after all necessary Response Actions are complete;
(14) Disclosure of any and all information demonstrating that the Applicant is an Ineligible Applicant under paragraphs (1)-(5) of subdivision (q) of section 68202;
(15) Certification Statement and signature of the Applicant; and
(16) Any other information the Department deems necessary to evaluate whether the Application meets the intent of the ISCP or the CLEAN Loan Program.
(c) For ISCP and CLEAN Loan Program Loans, if the Applicant is not the owner of the Property, the Application shall also contain one of the following:
(1) For an ISCP Loan, documentation that demonstrates that the owner consents to the performance of the PEA of the Property;
(2) A copy of an agreement between the Property owner and the Applicant that gives the Applicant an option to purchase the Property;
(3) For a CLEAN Loan Program Loan, documentation that the owner of the Property agrees to use the Property as a security interest for the Loan to finance necessary Response Action at the Property, or agrees to provide another form of security that the Department determines will adequately protect the State's interest. The Department will obtain an appropriate security interest in the Property or other alternative form of security approved by the Department;
(4) If the Applicant is a Local Government Agency, or a developer or prospective purchaser acting together with a Local Government Agency pursuant to an enforceable agreement, a demonstration to the Department that the Local Government Agency, or developer or prospective purchaser acting together with the Local Government Agency pursuant to an enforceable agreement, has legal access to perform the PEA or Response Action as determined by the Department at the Property, or will have legal access, prior to receiving Loan funds.
(d) An ISCP Application shall include a Phase I that has been completed within three (3) years, provided that the information is current and accurate. An addendum may be submitted with the Phase I to provide current information.
(1) The Phase I shall be performed by, or under the supervision of, any of the following:
(A) A Class II environmental assessor registered pursuant to chapter 6.98  (commencing with section 25570) of division 20 of the Health and Safety Code;
(B) A professional engineer registered in California;
(C) A geologist registered in California;
(D) A certified engineering geologist registered in California; or
(E) A licensed hazardous substance contractor certified pursuant to chapter 9  (commencing with section 7000) of division 3 of the Business and Professions Code. A licensed hazardous substance contractor shall hold the equivalent of a degree from an accredited public or private college or university or a private postsecondary educational institution approved by the Bureau for Private Postsecondary and Vocational Education with at least 60 units in environmental, biological, chemical, physical, or soil science; engineering; geology; environmental or public health; or a directly related science field.
(2) Any Person who conducts or supervises a Phase I under paragraph (1) shall have at least two years experience in the preparation of those assessments;
(3) The Phase I shall be performed in accordance with the American Society for Testing and Materials (ASTM), "Standard Practice for Phase I Environmental Site Assessments: Phase I Environmental Site Assessment Process," (Designation: E 1527-00, dated May 10, 2000, which is incorporated by reference).
(e) A CLEAN Loan Program Loan Application shall include a PEA, or PEA-equivalent as determined by the Department.
(1) The PEA or PEA-equivalent shall be performed by, or under the supervision of, any of the following:
(A) A Class II environmental assessor registered pursuant to chapter 6.98  (commencing with section 25570) of division 20 of the Health and Safety Code;
(B) A professional engineer registered in California;
(C) A geologist registered in California;
(D) A certified engineering geologist registered in California; or
(E) A licensed hazardous substance contractor certified pursuant to chapter 9  (commencing with section 7000) of division 3 of the Business and Professions Code. A licensed hazardous substance contractor that conducts or supervises a PEA under paragraph (1), shall hold the equivalent of a degree from an accredited public or private college or university or a private postsecondary educational institution approved by the Bureau for Private Postsecondary and Vocational Education with at least 60 units in environmental, biological, chemical, physical, or soil science; engineering; geology; environmental or public health; or a directly related science field.
(2) Any Person who conducts or supervises a PEA or PEA-equivalent under subdivision (1) shall have at least three (3) years experience in conducting those assessments; and
(3)(A) The PEA or PEA-equivalent shall demonstrate the presence of any known or suspected release or threatened release of a Hazardous Material at the Property at concentrations that may pose a risk to public health and safety and the environment.
(B) The Department will review the PEA or PEA-equivalent to determine whether it is adequate.
(f) An Applicant shall provide any further information or documentation deemed necessary by the Department to determine the creditworthiness of the Applicant or the Applicant's ability to secure and repay the Loan, or the eligibility of the Property;
(g) An Application from a Local Government Agency or Local Agency, or from a Joint Powers Authority formed pursuant to chapter 5 of division 7 of title 1 of the Government Code (commencing with section 6500) or pursuant to other California statutory authority, shall also contain the following additional information:
(1) A description of the activities and responsibilities of the Local Government Agency or Local Agency or the Joint Powers Authority;
(2) The annual financial operating statements for the previous three years of the Local Government Agency or Local Agency or the Joint Powers Authority;
(3) A governing body resolution, or other documentation granting the Applicant authority to apply to the Department for a Loan; and
(4) For a Joint Powers Authority, documentation that the Applicant is authorized to act on the behalf of the Joint Powers Authority.
(h) If the Department determines that any document submitted in the Application, including a PEA, PEA-equivalent, or Phase I, is not adequate, the Application shall be deemed incomplete.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21 and 25395.22, Health and Safety Code. 
  
 



s 68206. Loan Application Process.
 (a) An Application may be submitted to the Department at any time;
(b) Upon receipt of an Application, the Department will review the Application for completeness and eligibility. Upon receipt of an Application, the Department will determine whether the Application is complete, whether the Applicant is an Eligible Applicant, and whether the Property is an Eligible Property. The Applicant will be notified by certified letter of one of the following:
(1) The Application is incomplete, with identification of the information to be included for a complete Application; or
(2) The Applicant is ineligible or the Applicant's Property is an Ineligible Property, with identification of the steps to take to correct identified deficiencies; or
(3) The Applicant and Applicant's Property are eligible for a Loan, and the Application is complete.
(c) The Department may request additional information from the Applicant in order to determine whether the Applicant or the Property is eligible;
(d) Upon determination that an Application is complete and the Applicant and Applicant's Property are eligible, Department staff will prepare an evaluation of the Application. An Application that meets all the following criteria will be recommended for approval to the Loan Committee:
(1) The Applicant is found creditworthy, as determined by considering the following elements:
(A) Character - the complex mental and ethical traits marking and often individualizing a Person or group; includes history of the business, work experience of key managers, and credit reports;
(B) Capacity - the ability of the Applicant to operate the business successfully and generate the cash needed to repay obligations as they come due;
(C) Capital - Applicant's other assets on which to rely if the primary source of income is interrupted or reduced;
(D) Collateral - appropriate security interest in the Property pledged by the Applicant; and
(E) Conditions - economic and environmental influences on the Applicant's financial condition and performance. Includes the general economy, business climate, business environment, and the legal and regulatory situation.
(2) The collateral and the source of repayment are appropriate for the Loan amount;
(3) For a CLEAN Loan Program Loan, the Applicant has adequately demonstrated that the Response Action to be performed on the Property is necessary to address a release or threatened release of a Hazardous Material on the Property;
(4) For a CLEAN Loan Program Loan, the Applicant has adequately demonstrated the need of the requested Loan amount for use in the project; and
(5) For a CLEAN Loan Program Loan, the Applicant has adequately demonstrated that the total debt against the Property on which the Response Action will be taken, including the requested CLEAN Loan Program Loan, does not exceed 80 percent of the estimated value of the Property after all necessary Response Actions are complete.
(e) If prior to making a recommendation to the Loan Committee, the Department determines that the Application does not meet the criteria in subsection (d) above, the Department may disapprove the Application and notify the Applicant in writing of the Department's determination;
(f) An Applicant may request the Loan Committee's review of the Department's determination under subsection (e);
(g) If the Department determines that sufficient funding to meet the demand for CLEAN Loan Program Loans and ISCP Loans will not be available in a given fiscal year, the Department shall calculate a priority score to rank each Loan Application using scales that measure the following factors:
(1) Twenty-five (25) percent of the priority score is based on the potential for the proposed Project to provide additional protection of public health and safety and the environment.
(2) Twenty-five (25) percent of the priority score is based on the potential for proposed Project to enhance strategic community development including:
(A) Creation of new jobs;
(B) Generation of additional tax revenue;
(C) Likelihood that the proposed Project will stimulate additional redevelopment in adjacent areas as measured by improvement of local property values;
(D) Degree to which implementation of the proposed Project will result in the development of new parks;
(E) Degree to which implementation of the proposed Project will result in the development of new schools;
(F) Degree to which implementation of the proposed Project will result in the development of affordable inner city housing and regional Infrastructure or projected regional Infrastructure needs, or otherwise promote infill development;
(G) Economic viability of the proposed Project, including, but not limited to an analysis of the current value of the Property as compared to its projected value after all necessary Response Actions have been completed;
(H) Ability of the Loan Applicant to successfully perform the proposed Project;
(I) Ability of the Loan Applicant to repay the Loan;
(J) Consideration of the number and amounts of Loans approved for the Projects located in the same area;
(K) Likelihood that the proposed Project would be completed if the CLEAN Loan Program Loan is not made;
(L) Ability to obtain conventional financing absent a Loan under this program.
(3) Twenty-five (25) percent of the priority score is based on community support as demonstrated by letters of support from city, county, or other Local Agencies, residents or citizen groups, state or local elected officials, the general public, or other community groups;
(4) Twenty-five (25) percent of the priority score is based on financial support as demonstrated by approved loans, letters of commitments from other financial sources, and commitments for in-kind support from Local Agencies and citizen groups, or funding as set fort in paragraph (2) of subdivision (c) of section 25395.23 of the Health and Safety Code.
(h) The Department staff may recommend that the amount of Loan funding requested in an Application be approved in whole or in part.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.23, 25395.27 and 25395.28, Health and Safety Code. 
  
 



s 68207. Administering Agency.
 (a) The Department will be the Administering Agency for all Properties that are the subject of an ISCP Loan. For Properties that are the subject of a CLEAN Loan Program Loan Application, the following apply:
(1) For Applications for CLEAN Loan Program Loans, the Department will provide written notice of the receipt of the Application to the State Board for any Application that indicates the Property contains a Leaking Underground Fuel Tank and to the Regional Board for any Property within the Regional Board's jurisdiction.
(2) For an Application for a CLEAN Loan Program Loan for a Property that is subject to a release from a Leaking Underground Fuel Tank and the release is the principal threat at that Property as determined by the Department, the State Board and the Regional Board, the Department will be the Administering Agency unless one of the following occurs:
(A) The State Board responds in writing to the Department within 20 working days of receipt of the notice under paragraph (1) and indicates that a Local Oversight Program Agency intends to oversee the Response Action on the Property because the site was subject to oversight by the Local Oversight Program Agency prior to the date the Application was submitted or;
(B) The Regional Board responds in writing to the Department within 20 working days of receipt of the notice under paragraph (1) and indicates that the Regional Board intends to oversee the Response Action on the Property because the site was not subject to oversight by a Local Oversight Program Agency prior to the date the Application was submitted;
(3) For an Application for a CLEAN Loan Program Loan for a Property that is subject to one or more of the orders or agreements specified in subdivision (b)(1) of section 25395.28 of the Health and Safety Code prior to the date the Application was submitted, the Department will be the Administering Agency unless the Regional Board responds in writing to the Department within 20 working days of receipt of the notice under paragraph (2) and indicates that the Regional Board intends to oversee the Response Action on the Property because the site is subject to one or more of the orders or agreements specified in subdivision (b)(1) of section 25395.28 of the Health and Safety Code.
(b) The State Board and a Regional Board, in consultation together with the Department, may request the Department to be the Administering Agency for a Property subject to section 25395.28 of the Health and Safety Code.
(c) Notwithstanding paragraph (3) of subdivision (a), if a Regional Board has issued a Cleanup and Abatement Order or other cleanup order or has entered into a written voluntary agreement for a site and the Department has issued an order or entered into an enforceable agreement under chapter 6.5 (commencing with section 25100) of the Health and Safety Code or chapter 6.8 (commencing with section 25300) of the Health and Safety Code) for the same site, the Regional Board and the Department will determine whether the Regional Board or the Department will be the Administering Agency.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.23, 25395.27 and 25395.28, Health and Safety Code. 
  
 



s 68208. Loan Committee Review Process.
 (a) The Loan Committee will meet monthly or as needed to act on Applications submitted under section 68206 and requests submitted under subdivision (f) of section 68206;
(b) The Loan Committee will recommend approval or disapproval of the Application based on:
(1) The Applicant's financial soundness; and
(2) The Applicant's ability to meet the criteria of subdivision (d) of section 68206.
(c) The Loan Committee may recommend that the amount of Loan funding requested in an Application be approved in whole or in part;
(d) The Loan Committee will forward its recommendation to the Director for a final determination under section 68209; and
(e) The Loan Committee will review a written request for partial waiver of ISCP Loan repayment under section 68204 and will make a recommendation to the Director or the Director's designated representative determine whether to approve or disapprove the request for waiver. Program staff will notify the Borrower submitting the request for waiver whether the request for waiver is approved or disapproved.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22 and 25395.23, Health and Safety Code. 
  
 



s 68209. Approval of Loan Applications.
 (a) The Loan Committee will submit its recommendation for approval or disapproval of the Application to the Director or the Director's designated representative. The Department's Director or the Director's designated representative may:
(1) Approve the Application for the full or partial amount of funding, or
(2) Disapprove the Application if the Director, or the Director's designated representative, determines that the Application does not meet one or more of the requirements of this article or article 8.5 of chapter 6.8 of division 20 of the Health and Safety Code;
(b) Upon final approval, the Department and the Applicant shall enter into a Loan Agreement meeting the requirements of section 68210. The amount of funds disbursed and the schedule for disbursement shall be specified in the Loan Agreement. Loan funds shall not be disbursed until a Loan Agreement with the Department is executed in accordance with section 68210 and the appropriate oversight agreement with the Administering Agency is executed; and
(c) Upon the initial disbursement of funds, the Department will notify the Site Designation Committee which agency is the Administering Agency for a Property that is the subject of a CLEAN Loan Program Loan;
(d) The Department's approval of a Loan Application under subdivision (a) will be in effect for a period of 90 days. The Department may extend the Loan approval period for good cause for an additional 90 days or for a different time period as agreed in writing by the Department and the Applicant.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.23, 25395.27 and 25395.28, Health and Safety Code. 
  
 



s 68210. Loan Agreement.
 (a) The Department and Applicant shall execute a Loan Agreement upon final approval of the Loan Application and before fund disbursement;
(b) Each Loan Agreement shall include, at a minimum, the following:
(1) The amount of the Loan;
(2) Payment and prepayment information;
(3) The interest rate and default rate of the Loan as specified in section 68203;
(4) The terms of repayment as specified in subdivision (e):
(5) For a CLEAN Loan Program Loan, a description of the Eligible Property securing the Loan or alternative form of security approved by the Department;
(6) Verification that an ISCP Environmental Oversight Agreement or a CLEAN Loan Program Response Action Agreement or other enforceable agreement with the State Board or a Regional Board, as appropriate, has been fully executed in accordance with section 68211 before fund disbursement;
(7) For a CLEAN Loan Program Loan, agreement regarding completion of Response Actions in accordance with subdivision (f);
(8) For an ISCP Loan, agreement that the Borrower shall provide any and all PEA results to the Department.
(9) Timeframes for complying with the conditions of the Loan Agreement and any special conditions that must be satisfied prior to, or covenants that must be complied with after, the disbursement of funds;
(10) Provision that any remaining unpaid amount of the Loan, with accrued interest, shall be immediately due and payable upon determination by the Department that:
(A) There has been a default, including that the Borrower has failed to comply with the Loan Agreement or other condition of default;
(B) Any information provided by the Borrower is found to be untrue. The Department may agree to a schedule for repayment under this paragraph (10);
(11) Provision that the Borrower agrees to waive any claims against, and to indemnify and hold harmless, the State of California, including the Department, the State Board or a Regional Board, from and against any and all claims, costs, and expenses stemming from Operation and Maintenance or environmental degradation at the Property;
(12) Proof of adequate liability insurance for the Borrower, including coverage for personal injury and property damage, naming the Department as loss payee, and when appropriate, naming the Department as additional insured, up to the amount of the Loan;
(13) Proof of secured creditor insurance as required under subdivision (c) of  section 25395.25 of the Health and Safety Code.
(14) Provision that if the Borrower is not the owner of the Property, but intends to purchase the Property before the Loan is satisfied, the purchase price of the Property shall not exceed its estimated current fair market value, which is based on the estimated value of the Property in a cleaned up state, not taking into consideration any necessary Response Action that may be conducted on the Property;
(15) For a CLEAN Loan Program Loan, provision that the Loan is secured by the Property, or is secured by an alternative form of security approved by the Department, and in accordance with the provisions of section 25395.26 of the Health and Safety Code;
(16) Provision that if the Borrower recovers from a responsible party any costs incurred in taking a Response Action at the Property, any money so recovered shall be used first to repay the ISCP and CLEAN Loan Program Loans and to repay monies waived under subdivision (c) of section 68204. A Borrower is not required to first use the money recovered to repay the Loan if the Borrower can demonstrate to the satisfaction of the Department that the recovered money is necessary to, and is being applied to, the total environmental remediation of the Property, and that the total of the recovered money and the Loan amount does not exceed the cost of remediation;
(17) Identification of the Property owner and any options to purchase the Property held by any party;
(18) For a CLEAN Loan Program Loan, if the Borrower uses Loan funds to pay the premium for environmental insurance products approved by the Department to facilitate development of the site, provision describing the type and limits of insurance coverage and demonstration that the insurance products meet the requirements of subdivision (a) of section 25395.22 of the Health and Safety Code.
(19) Provision that the Loan shall not be used to pay Ineligible Costs; and
(20) Any other provision to which the parties agree.
(c) The Department may foreclose on Property or on the alternative to a security interest. Any funds received through a foreclosure or through the enforcement of any other security interest shall be deposited in the Account.
(d) Except as specified in section 25395.28 of the Health and Safety Code, any Response Action carried out at a Property under the CLEAN Loan Program shall be conducted in accordance with the requirements of chapters 6.65 and 6.8 of division 20 of the Health and Safety Code.
(e) The terms of Loan repayment are as follows:
(1) The repayment period for an ISCP Loan shall begin six (6) months after disbursement of the ISCP Loan funds. The repayment period shall not exceed three (3) years;
(2) The repayment period for a CLEAN Loan Program Loan shall begin upon certification or completion of the Response Action or two (2) years after initial disbursement of the CLEAN Loan Program Loan funds, whichever comes first. The repayment period shall not exceed seven (7) years;
(3) If the Loan is to a Local Government Agency or Local Agency, or to a developer or prospective purchaser acting together with a Local Government Agency or Local Agency pursuant to an enforceable agreement, the Department may delay the beginning of the Loan repayment period for not more than the maximum allowable length of the Loan;
(4) If the Administering Agency, or Department if the Department is not the Administering Agency, determines that the Borrower is not making sufficient progress in completing the PEA or Response Action, as appropriate, the Department may require Loan repayment to begin immediately or may determine that the Borrower is in default;
(5) If the Borrower of an ISCP Loan decides not to complete the PEA, the Borrower shall notify the Department in writing of that decision and shall submit to the Department all data, documents, reports, and other information regarding the PEA performed prior to the notification. Repayment of the disbursed Loan amount shall begin immediately. A Borrower that does not complete a PEA is not eligible for a partial waiver of Loan repayment under section 68204.
(f) For CLEAN Loan Program Loans, the Loan Agreement provision regarding completion of Response Actions shall include the following:
(1) For a Borrower of a CLEAN Loan Program Loan that is a responsible party as defined in section 25323.5 of the Health and Safety Code or a Person subject to regulation under chapter 6.7 (commencing with section 25280) or chapter 6.75 (commencing with section 25299.10) of the Health and Safety Code, agreement to complete all Response Actions as approved by the Administering Agency, even if the Loan amount does not cover the full cost of the Response Action;
(2) For a Borrower of a CLEAN Loan Program Loan that is not a responsible party as defined in section 25323.5 of the Health and Safety Code, agreement to immediately notify the Administering Agency and the Department, if the Department is not the Administering Agency, if:
(A) New information shows that the cost of completing the Response Action will exceed the cost originally projected by the Borrower, and
(B) The Borrower has determined that the Project is no longer economically feasible because the sum of the cost of the Response Action and the current appraised fair market value of the Property is greater than the projected fair market value of the Property after all necessary Response Actions have been completed.
(3) If the Borrower notifies the Administering Agency and the Department under paragraph (2), the Borrower shall:
(A) Provide to the Administering Agency documentation of the cost of Response Action and the current and projected appraised fair market values under paragraph (2);
(B) Begin repayment of the Loan or the Loan amount disbursed to date immediately;
(C) Submit to the Administering Agency all data, documents, reports and other information regarding the Response Action activities on the Property; and
(D) Perform those actions required by the Administering Agency to ensure that the Property will pose no immediate public health or environmental risks and that the Property will not remain in a condition that is visually less attractive than its original condition.
(4) Documentation of the cost of the Response Action submitted by a Borrower under subparagraph (3)(A) shall be prepared by any of the following who are licensed or registered to practice in California and who have demonstrated expertise in Hazardous Material remediation and cost estimation: Class II environmental assessor, engineering geologist, licensed hazardous substance contractor, or licensed professional engineer. An affidavit may be submitted in lieu of a cost documentation report if the affidavit is signed by a person authorized under this subparagraph to prepare a cost documentation report.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.20, 25395.21, 25395.22, 25395.25, 25395.28 and 25395.31, Health and Safety Code. 
  
 



s 68211. ISCP Environmental Oversight Agreements; CLEAN Loan Program Response Action Agreements or Equivalent Agreements.
 (a) ISCP Environmental Oversight Agreements, CLEAN Loan Program Response Action Agreements, and enforceable agreements with the State Board or a Regional Board under subdivision (h) of section 25395.28 of the Health and Safety Code, shall contain, at a minimum, the following:
(1) Identification of parties entering into the agreement;
(2) Description of the Property subject to the agreement, and description of any environmental assessment or other Response Action activities previously performed on the Property;
(3) If the Property is part of a larger site where there is known or suspected release or threatened release of a Hazardous Material, description of the site and nature and extent of any known or suspected release or threatened release of a Hazardous Material on the site;
(4) Description of the work that will be performed using Loan funds, including a detailed scope of work, schedules, public participation activities, quality assurance/quality control plans, and health and safety plans;
(5) Provision that the Borrower shall reimburse the Administering Agency's costs for oversight of the preparation and approval of a PEA or PEA-equivalent site assessment, or Response Action, as appropriate and as specified under section 25395.28 of the Health and Safety Code, on any portion of the Property where the work that is performed is not funded by Loan funds;
(6)(A) For ISCP Loans, provision for the Department's approval of the PEA, and any reports, plans, schedules, or other documents submitted under the agreement, including provisions regarding any Department-required modifications to submittals;
(B) For CLEAN Loan Program Loans, provision for the Administering Agency's approval of any Response Actions and any reports, plans, schedules, or other documents submitted under the agreement, including provisions regarding any modifications to submittals required by the Administering Agency;
(7) Provision regarding actions to be taken in the event of endangerment during implementation of work on the Property;
(8) Provision regarding Administering Agency and Department, if the Department is not the Administering Agency, access to the Property;
(9) Provision regarding sampling, data, and document availability and preservation;
(10) Provision regarding notifications of field activities and any condition posing an immediate threat to public health or safety or the environment on the Property;
(11) Provision regarding the Borrower's liability related to activities on the Property;
(12) For ISCP Loans, provision regarding the Department's oversight costs for the preparation and approval of a PEA on the Property required by the Department, and for CLEAN Loan Program Loans, provision regarding the Administering Agency's costs for oversight of any Response Action on the Property;
(A) A Borrower is liable for paying the Administering Agency's oversight costs pursuant to section 25395.28 of the Health and Safety Code, associated with the oversight of the preparation and approval of the PEA or the Response Action unless the Department determines there are sufficient funds in the Account to reimburse the Administering Agency for that oversight;
(B) If the Department determines that the Account has insufficient funds to pay for the oversight costs associated with the oversight of the preparation and approval of the PEA or the Response Action, the Borrower shall pay the Administering Agency's costs as specified under section 25395.28 of the Health and Safety Code. If the Department makes a determination that the Account has insufficient funds to pay for the oversight costs after a Loan Agreement has been executed, the Department will notify the Borrower that the Borrower will be billed for the Administering Agency's oversight costs as specified under section 25395.28 of the Health and Safety Code, that are not reimbursed from the Account;
(C) The Department shall reimburse the State Board or Regional Board only if the conditions in 25395.28(g) are met; and
(13) Any other provisions as agreed by the parties determined to be necessary by the Administering Agency.
(b) An ISCP Environmental Oversight Agreement shall also include, at a minimum, the following:
(1) Requirement to conduct the PEA in accordance with the Department's guidelines as specified in paragraphs (1)-(3) of subdivision (d) of section 68205;
(2) Requirement that the Borrower shall complete the PEA for the Property even if the Loan amount does not finance the complete cost of the PEA or shall meet the requirements of paragraph (5) of subdivision (e) of section 68210 if the Borrower decides not to complete the PEA;
(3) Agreement by the Borrower to provide any and all PEA results to the Department if the Borrower does not proceed with the Project.
(c) A CLEAN Loan Program Response Action Agreement shall also include, at a minimum, the following:
(1) Identification of the Project Coordinator and description of the Project Coordinator's qualifications;
(2) Scope of work that includes tasks needed to complete all Response Actions for the Property including Operation and Maintenance and land use restrictions, if applicable;
(3) Requirement that work undertaken on the Property shall be conducted by a qualified Project Coordinator with expertise in Hazardous Materials site investigation and cleanup and that all engineering and geological work shall be conducted in conformance with applicable State laws including, but not limited to, Business and Professions Code sections 6735 and 7835;
(4) In order to provide for the possibility that the Loan amount may not cover the full cost of the Response Action:
(A) For a Borrower that is a responsible party as defined in section 25323.5 of the Health and Safety Code, a requirement to complete all Response Actions for the Property even if the Loan amount does not finance the complete cost of the Response Action; or
(B) For a Borrower that is not a responsible party as defined in section 25323.5 of the Health and Safety Code or a Person subject to regulation under chapter 6.7 (commencing with section 25280) or chapter 6.75 (commencing with section 25299.10) of the Health and Safety Code, a provision regarding the requirements of paragraph (2) of subdivision (f) of section 68210 if the Borrower notifies the Administering Agency and the Department the Borrower has determined the Project is no longer economically feasible;
(5) Provision for all removal actions, remedial actions, California Environmental Quality Act documentation, remedial design and implementation, and any other activities necessary for the Administering Agency's approval of the Response Action.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.25, 25395.27, 25395.28 and 25395.31, Health and Safety Code. 
  
 



s 68212. Compliance.
 (a) The Borrower shall comply with all federal, State, and local laws, ordinances, regulations and permits that apply to the procurement and management of consultant services and contracts related to correcting existing or possible non-compliance problems;
(b) Administering Agency and Department, if the Department is not the Administering Agency, staff may conduct field inspections during the Project to verify compliance with the approved plans, specifications, and terms of the Loan Agreement, the ISCP Environmental Oversight Agreement, the CLEAN Loan Program Response Action Agreement, or other enforceable agreements with the State Board or a Regional Board;
(c) The Borrower shall provide quarterly site reports indicating work completed on the Property, work in process, and Project expenditures;
(d) The Borrower shall maintain records in accordance with generally accepted accounting standards and with the CLEAN Loan Program Response Action Agreement and ISCP Environmental Oversight Agreement, including all Project expenditures and disbursements; and
(e) The Borrower shall comply with all terms and conditions of the CLEAN Loan Program Response Action Agreement and ISCP Environmental Oversight Agreement or other enforceable agreement with the State Board or a Regional Board.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.23, 25395.27 and 25395.28, Health and Safety Code. 
  
 



s 68213. Program Administration.
Condition of the Loan, Loan Processes, Repayment, and Loan Closing Functions will be governed and administered by the Department.
 
  Note: Authority cited: Sections 25150, 25351.5, 25295.29 and 58012, Health and Safety Code. Reference: Sections 25395.21 and 25395.22, Health and Safety Code. 
  
 



s 68214. Auditing of Expenditure of Loan Proceeds.
 (a) The Department, Department of Finance, State Controller or State Auditor, or their designated representatives, may audit the expenditure of the proceeds of any Loan disbursed under this article; and
(b) The Borrower shall allow the Administering Agency and the Department, if the Department is not the Administering Agency, and other State agencies, including the State Controller and the State Auditor, or their designated representatives, absolute right of access to all of the Borrower's records pertaining to the Loan Agreement. Any portion of the Borrower's records requested shall be made available to the designated auditors upon request. The Borrower shall retain all relevant financial records for at least three (3) years after termination of the Loan Agreement, or until completion of actions and resolution of all issues that may arise as a result of any litigation, claim, negotiation or audit concerning the Loan Agreement, ISCP Environmental Oversight Agreement, or CLEAN Loan Program Response Action Agreement or other enforceable agreement required by the Administering Agency, whichever is later.
 
  Note: Authority cited: Sections 25150, 25351.5, 25395.29 and 58012, Health and Safety Code. Reference: Sections 25395.21, 25395.22, 25395.27 and 25395.28, Health and Safety Code. 
  
 



Appendix 1 to Chapter 47, Article 1
 "Urbanized Areas"
 
Subdivision (ss) of section 68202 defines "Urban Area" to include urbanized areas as defined in paragraph (2) of subdivision (b) of section 21080.7 of the Public Resources Code. This Appendix further describes urbanized areas in California.
On March 9, 1992, the United States Census Bureau published in the Federal Register the list of urbanized areas that qualified based on the results of the 1990 Census. (57 Fed. Reg. 8386 (1992))
According to the United States Census Bureau, an urbanized area comprises one or more places and the adjacent densely settled surrounding territory that together have a minimum of 50,000 people. A central place and an urban fringe together make up an urbanized area. The urban fringe generally consists of contiguous territory with a density of at least 1,000 people per square mile. Additional territory may qualify as urban fringe (e.g. if there is a road connection from a densely populated area to a central place). The complete criteria are available from the Chief, Geography Division, U.S. Bureau of the Census, Washington, DC 20233.
There are 38 urbanized areas in California. These are:
Antioch-Pittsburg                  Riverside-San Bernardino
Bakersfield                        Sacramento
Chico                              Salinas
Davis                              San Diego
Fairfield                          San Franciso-Oakland
Fresno                             San Jose
Hemet-San Jacinto                  San Luis Obispo
Hesperia-Apple Valley-Victorville  Santa Barbara
Indio-Coachella                    Santa Cruz
Lancaster-Palmdale                 Santa Maria
Lodi                               Santa Rosa
Lompoc                             Seaside-Monterey
Los Angeles                        Simi Valley
Merced                             Stockton
Modesto                            Vacaville
Napa                               Visalia
Oxnard-Ventura                     Watsonville
Palm Springs                       Yuba City
Redding                            Yuma AZ-CA (California portion only)
 

 



s 68300. Definitions.
Unless the context indicates otherwise and except as provided in this section, the definitions set forth in Chapter 6.8, Division 20, of the Health and Safety Code (commencing with section 25300) govern the interpretation of this Article. For purposes of this Chapter, the following definitions apply:
(a) "Applicant" means one of the following that has submitted an application package for a loan (1) a city, town, district, county, or other public body (including an intermunicipal agency of two or more of the foregoing entities) created under State law, or (2) an Indian tribe or authorized Indian tribal organization having jurisdiction over disposal of sewage, industrial wastes, or other waste, or (3) a designated and approved management agency under section 208 of the Federal Clean Water Act applying for a State Revolving Fund (SRF) loan, or (4) a local public agency with specific authority to conduct groundwater remediation projects.
(b) "EPA" means the United States Environmental Protection Agency.
(c) "Department" means the Department of Toxic Substances Control.
(d) "Groundwater Remediation Project" means actions that are necessary to prevent, minimize, or mitigate damage that may result from a release or threatened release of a hazardous substance to groundwater and that, when carried to completion, allows the groundwater to be permanently used for its planned use without any significant risk to human health or significant potential for future environmental damage or for designated beneficial uses.
(e) "Loan" means a loan from the State Revolving Fund Loan Subaccount for the purposes of providing loans under Article 3, section 79133 of the Water Code.
(f) "Loan Agreement" means the written agreement between the applicant and the Department made in accordance with Section 68305.
(g) "Site Coordinator" means the person or persons with demonstrated expertise and experience in planning, designing, constructing, and operating groundwater remediation projects and who have been identified as responsible for managing the groundwater remediation project.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68301. Loan Eligibility.
The applicant must demonstrate, through the loan application process, that the groundwater in the area of the proposed groundwater remediation project poses a risk or potential risk to public health and the environment due to the release of hazardous substances.
Additionally, the applicant will need to show repayment ability based on the historical financial statements and/or income tax returns.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68302. Priority Ranking Criteria.
The Department shall prioritize projects for each fiscal year using the following criteria:
(a) The Groundwater Remediation Loan Program application package is received by August 30 and deemed complete.
(b) Sites listed pursuant to section 25356 of the Health and Safety Code.
(c) Sites listed on the State Water Resources Control Board's Statewide Project Priority List.
(d) The readiness of the loan applicant to proceed with the groundwater remediation project.
(e) Scope of project including (1) the degree to which the groundwater supply has been impacted, such as being taken out of service, and (2) the extent to which remediation will prevent migration of contaminants.
(f) Number of users affected.
(g) Effectiveness of the groundwater remediation project, including the amount of water to be treated and made available for use.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68303. Application Content.
Application packages shall contain the following information:
(a) Applicant /Site Coordinator Information:
(1) The applicant's name, address, and phone number.
(2) The site coordinator's name, address, and phone number, if it is different from the applicant's. Also attach resume of the applicant's site coordinator.
(3) A certified copy of a resolution adopted by the governing authority of the applicant agency that authorizes a representative (by title) to act on behalf of the applicant agency to sign documents such as contracts, disbursement requests, as well as assure compliance with applicable state statutory and regulatory requirements.
(4) A certified copy of a resolution adopted by the governing authority of the applicant agency that specifies the authorized loan amount for the applicant agency.
(5) Applicant's relationship to the project site.
(6) Description of local government or agency's activities and responsibilities.
(7) Current property owner's name, addresses and phone number.
(8) List technical support personnel (by classification) who will be working on the project.
(9) A letter requesting consideration for available loan funds with the signature of the applicant/authorized representative.
(b) Project/Site Information:
(1) Proposed location of the remediation work, including a legal description of the property boundaries and assessor's parcel number(s).
(2) Description of current project site use.
(3) Project description of overall areas impacted and Statement of Work. If the treated groundwater is to be returned to aquifers, the application shall include a list of public water systems that use the affected aquifers as sources of drinking water, and the means by which the applicant shall inform those water systems of the project.
(4) Brief analysis of engineering/project alternatives considered and an explanation of why the proposed project description was chosen.
(5) List of previous uses of the project site.
(6) Applicant's prior experience in implementing similar groundwater remediation projects.
(7) Applicant's ability to obtain the necessary permits if treated groundwater is reused for drinking water supply. (If the treated groundwater is to be directly used for drinking water supply, then the applicant must comply with the requirements of the Department of Health Services and seek the appropriate permits.)
(8) Information regarding the impacts that the project site conditions or the proposed response actions may have on: the geological features of the project site; land use planning; public health and safety; the local population and housing in the vicinity of the project site; water quality; air quality; traffic and transportation; ecological and biological resources; energy and mineral resources; noise levels; public service systems and utilities; local aesthetics; cultural resources; and recreation. The proposed groundwater remediation project must comply with the California Environmental Quality Act (CEQA) in accordance with section 21000-21178 of the Public Resources Code and the State CEQA guidelines (14 CCR 15000-15387).
(9) A proposed project timeline with dates that show the beginning and ending date for the various phases of work identified in the Statement of Work.
(c) Financial Information/Project Costs:
(1) Supporting documentation concerning source of loan repayment, including but not limited to annual financial operating statements.
(2) Information on existing bank loans and other types of debt, including names of bank officers and officials and contact information as appropriate. Provide documentation indicating the ability of the applicant to repay the loan and to obtain conventional financing absent a loan under this program.
(3) An ordinance or resolution committing a source or sources of funds for repayment. The ordinance or resolution shall contain language equivalent to the following: "The (name of agency) hereby dedicates the following source of revenue (list source or sources) for repayment of any and all groundwater remediation loans on the project (identify the project name) to be funded through the Groundwater Remediation Loan Program."
(4) Estimate of project costs.
(d) Any further information or documentation deemed necessary by the Department to determine the credit worthiness of the applicant or the applicant's ability to secure and repay the loan.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68304. Application Process.
 (a) An applicant may apply for a loan for a groundwater remediation project by submitting a completed Groundwater Remediation Loan package to the Department by August 30 of any fiscal year. The Department may disburse loans until the approximately seven million dollars ($7,000,000) of Water Bond Act funding, less administrative costs, is expended.
(b) The Department will make a determination by August 30 of each fiscal year whether Water Bond Act funds are available under section 79133 of the Water Code. The determination will also include the funding level available.
(c) The Groundwater Remediation Loan package sets forth the information required by the Department to determine if the groundwater remediation project is eligible for funding under section 79133 of the Water Code. The Department will not consider the application complete until all required information is received.
(d) The Groundwater Remediation Loan package shall be signed by a legally authorized representative of the applicant and submitted to the California Environmental Protection Agency, Department of Toxic Substances Control. Application packages may be mailed to the Department at P.O. Box 806, Sacramento, California 95812-0806. The applicant shall provide the Department with three (3) copies of the application package with original signatures and all accompanying support documentation.
(e) Staff will review each application package for completeness and determine whether the applicant and the applicant's project are eligible to receive loan funding under section 79133 of the Water Code, including credit worthiness of the applicant. Within sixty (60) days of receiving an application, Department staff will notify the applicant by letter of one of the following:
(1) The applicant or the applicant's project is ineligible for a loan. If the applicant or the applicant's project is determined to be ineligible, the reasons for the Department's determination will be provided in writing to the applicant. The applicant will have 10 days to submit additional information needed, if such information may make the project eligible; or
(2) The application package is incomplete. If the package is determined to be incomplete, the Department will specify the steps in writing, if any, that the applicant may take to correct identified deficiencies. The applicant will have 10 days to submit additional information needed to complete the application package, or
(3) The applicant and applicant's project are eligible for a loan.
(f) Upon the Department's determination that the loan application package is complete, the package will be considered for prioritization with other eligible projects. The eligible loan application packages will be ranked each fiscal year based on criteria established in Section 68302, Priority Ranking Criteria.
(g) Applicants will be notified in writing when their projects are approved for loan funding.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68305. Loan Agreement.
The Department and the applicant shall enter into a loan agreement after approval of the loan. Each loan agreement shall include at a minimum the following terms and conditions:
(a) The interest rate of the loan as specified in Section 68307.
(b) The term of repayment for a loan as specified in Section 68308.
(c) The legal description of the property(ies) where the groundwater remediation project is to occur.
(d) Agreement that the applicant shall complete all activities outlined in the applicant's Statement of Work, as determined to be appropriate by the Department.
(e) Time frames for complying with the conditions of loan closing:
(1) Any special conditions that must be satisfied prior to closing, and
(2) Any covenants that must be complied with after the disbursement of funds.
(f) Identification of what is considered an event of default, including the provisions in subsections (1) and (2) below. A default will result in any remaining unpaid amount of the loan, with accrued interest, to be immediately due and payable, upon determination by the Department that:
(1) The applicant has failed to comply with the loan agreement.
(2) Any information provided by the applicant is untrue.
(g) A provision that the applicant agrees to waive any claims against, and hold harmless, the State of California, including the Department and the State Water Resources Control Board, from and against any and all claims, costs, and expenses stemming from operation, maintenance, or environmental degradation at the site.
(h) Proof of insurance for the applicant, naming the Department and the State Water Resources Control Board as loss payee, up to the amount of the loan.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68306. Loan Administration.
Condition of the loan, loan processes, repayment, and loan closing functions shall be governed and administered by the Department or the State Water Resources Control Board through a memorandum of understanding.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68307. Interest Rate.
To the extent permitted by federal law, the interest rate shall be set at a rate equal to 50 percent of the interest rate paid by the State on the most recent sale of State general obligation bonds and the interest rate shall be computed according to the true interest cost method.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Sections 13480 and 79133, Water Code. 
  
 



s 68308. Loan Repayment.
The Department's Groundwater Remediation Loan Program will provide loans for groundwater remediation projects that meet the priority ranking criteria in Section 68302 of these regulations until all funds in the account have been loaned or otherwise expended. All loan repayments shall require annual payments of principal and any interest, with repayment commencing not later than one year after completion of the project for which the loan is made and full amortization not later than 20 years after project completion in accordance with Water Code section 13480(b)(1)(B), and payments will be deposited in the State Revolving Fund Loan Subaccount, Clean Water Program, as administered by the State Water Resources Control Board. Loan repayments may be used by the State Water Resources Control Board to fund other projects or activities as specified by the Clean Water Program.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 13480(b)(1)(B) and 79133, Water Code. 
  
 



s 68309. Auditing Expenditures of Loan Proceeds.
The Department or the Department of Finance may audit the expenditures of the proceeds of any loan disbursed under this Article. Specific audit requirements shall be part of the loan agreement. The State reserves the right to call for a program audit or a financial audit at any time between the execution of the loan agreement and the completion or termination of the project.
 
  Note: Authority cited: Sections 25150 and 25351.5, Health and Safety Code; and Section 79133, Water Code. Reference: Section 79133, Water Code. 
  
 



s 68400. Applicability.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68400.1. Definitions.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68400.2. Corrective Action Requirements.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68400.11. Applicability.
 (a) The provisions of this chapter establish criteria and procedures for determining whether or not a unified program agency is qualified to implement environmental assessment and corrective action pursuant to Health and Safety Code sections 25187, 25187.1, and 25404.1. Except as otherwise specified in this chapter, the provisions of this chapter are not intended to, and shall not be construed to, preclude any other state or local agency from exercising its enforcement or regulatory authority.
(b) The corrective action authority granted to a unified program agency (UPA) pursuant to this chapter is limited to a release or threatened release of a hazardous waste or hazardous constituent occurring at a facility within the jurisdiction of a qualified UPA.
(c) A qualified UPA shall comply with all applicable state laws and regulations and local ordinances pertaining to environmental assessment and corrective action.
(d) The authority granted pursuant to this chapter does not limit an UPA's authority to take enforcement action authorized by or in accordance with local ordinances or resolutions, to the extent that local ordinances or resolutions are not inconsistent with the provisions of this chapter.
(e) Upon discovering a release or threatened release at a hazardous waste facility that is, or was, required to obtain a hazardous waste facility permit, standardized permit or interim status, a qualified UPA shall immediately notify the Department. If a release occurs at such a facility and the facility also contains units that are or were subject to generator requirements, or Permit By Rule or Conditional Authorization or Conditionally Exempt requirements, a qualified UPA shall notify and coordinate with the Department.
(f) The Department and a qualified UPA are the only agencies authorized to implement and enforce the environmental assessment and corrective action requirements of Health and Safety Code section 25404.1.
(1) If the Department determines that a qualified UPA has not adequately implemented or enforced environmental assessment or corrective action requirements in accordance with this chapter, the Department may issue an order pursuant to Health and Safety Code section 25187 or section 25187.1.
(2) A qualified UPA may refer sites for corrective action to the Department.
(g) If at any time, an UPA determines that a site requires corrective action that is beyond the activities delegated to the agency or the expertise of the agency, the UPA shall refer the site to the Department.
(h) A qualified UPA shall comply with the California Environmental Quality Act  (CEQA), Public Resources Code section 21000 et seq, whenever any activity or action required by this chapter is a project subject to CEQA.
(i) A qualified UPA shall not implement and enforce environmental assessment or corrective action requirements when any of the following applies:
(1) Environmental assessment or corrective action is required at any hazardous waste facility that is or was required to obtain a permit or other forms of authorization pursuant to the Resource Conservation and Recovery Act (RCRA).
(2) The Department has issued an order or agreement for corrective action at the site pursuant to Health and Safety Code section 25187 or section 25187.1.
(3) The site has been determined to be the responsibility of the Department pursuant to an agreement entered into between the Department and the UPA.
(4) The source of the release or threatened release is a facility or hazardous waste management unit or an activity that is, or was, regulated by the Department pursuant to Health and Safety Code, Division 20, Chapter 6.5 (commencing with section 25100), unless the source meets the conditions of paragraph (b) of this section.
(5) The Department is conducting, or has conducted, oversight of the corrective action at the site at the request of the responsible party.
(6) A site is subject to a Cease and Desist Order issued pursuant to Water Code section 13301 or a Cleanup and Abatement Order issued pursuant to Water Code section 13304.
(7) The Site Designation Committee has determined the administering agency for a site to be either the Department, a Regional Water Quality Control Board, or the Department of Fish and Game, pursuant to Health and Safety Code section 25262.
(j) The Department, qualified UPA, or responsible party conducting or requiring corrective action shall ensure that all engineering and geological interpretations, conclusions and recommendations are developed in accordance with applicable state law, including, but not limited to, Business and Professions Code sections 6735 and 7835. The Department, qualified UPA, or responsible party shall ensure that all risk assessment and toxicological interpretations, conclusions and recommendations are conducted by a professional with one of the following:
(1) Certification as a Diplomate of the American Board of Toxicology, or
(2) Possession of a Master's Degree in Toxicology, Biochemistry, Pharmacology or a closely related specialty from an accredited college or university and three years of experience following the receipt of the Master's Degree in designing and managing toxicological studies, interpreting results, and conducting hazard and safety evaluations; or
(3) Possession of a Doctoral Degree in Toxicology, Biochemistry or Pharmacology, or a closely related specialty, and one year of experience following the receipt of the Doctoral Degree in designing and managing toxicological studies, interpreting results, and conducting hazard and safety evaluations.
 
  Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Section 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code. 
  
 



s 68400.12. Definitions Applicable to this Chapter.
Unless otherwise defined herein, the definitions of terms used in this chapter shall be those in Division 20 of the Health and Safety Code and section 66260.10 of this division. For the purposes of this chapter, the following definitions apply:
 "Administrative enforcement order" means an order or consent agreement issued pursuant to Health and Safety Code section 25187.
 "Administrative record file" means a record maintained by the UPA that consists of all documents the UPA relied upon or considered when selecting, taking or requiring corrective action pursuant to this chapter.
 "Application" means a request submitted by a Unified Program Agency to the Department for a determination of qualification to implement the environmental assessment and corrective action portions of the unified program pursuant to Health and Safety Code section 25404.1.
 "Certified Unified Program Agency" or "CUPA" means an agency as defined in  Title 27, California Code of Regulations, subsection 15110(a), that has been certified by the secretary to implement the Unified Program.
 "Corrective action" means activities taken to investigate, characterize, evaluate, correct, remove, or remediate a release or threatened release of a hazardous waste or constituent, as necessary to protect public health and/or the environment.
 "Department" means the Department of Toxic Substances Control.
 "Hazardous constituent" has the meaning set forth in section 66260.10 of this division.
 "Hazardous waste" has the meaning set forth in Health and Safety Code section 25117.
 "Less complex site" means a site at which all of the following conditions apply:
(1) the site characterization, performed as part of the site investigation required pursuant to subsection 68400.16(d)(3), indicates the presence of only those chemicals listed in Appendix I of this chapter. The chemicals listed in Appendix I are among the chemicals for which advisory screening numbers have been developed by the California Environmental Protection Agency pursuant to Health and Safety Code section 57008;
(2) the selected remediation alternative at the site consists only of removal of no more than 60 cubic yards of contaminated soil, as measuredin situ;
(3) the human health screening evaluation, performed as part of the preliminary endangerment assessment required pursuant to subsection 68400.16(d)(2), indicates that the remaining contamination at the site does not pose a significant threat to human health, as determined by a risk estimation greater than or equal to 10 -6  or a hazard index greater than one resulting from the summation of risk/hazard for all media, and
(4) the release has been adequately characterized as determined by the Department or qualified UPA.
 "Local oversight program" means the program in which local agencies oversee corrective actions at underground storage tank sites through a contract with the State Water Resources Control Board pursuant to Health and Safety Code section 25297.1.
 "Phase I environmental assessment" has the meaning set forth in Health and Safety Code section 25200.14.
 "Preliminary endangerment assessment" has the meaning set forth in Health and Safety Code section 25319.5.
 "Qualified UPA" means an agency delegated by the Department to implement and enforce the environmental assessment and corrective action pursuant to Health and Safety Code section 25404.1.
 "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment, including the abandonment or discarding of barrels, containers, and other closed receptacles containing hazardous waste, hazardous constituents, hazardous substances or hazardous materials.
 "Risk assessment" means a risk-based system of analysis used to characterize the current and potential threats to human health and the environment that may be posed by contaminants migrating to groundwater or surface water, releasing to air, leaching through soil, remaining in the soil and bioaccumulating in the food chain.
 "Site" means any site, area or facility, including, but not limited to, any building, structure, installation, equipment, pipe or pipeline, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock or aircraft, where any hazardous waste, hazardous constituent, hazardous substance or hazardous material has been treated, stored, transferred, disposed of, deposited, placed, released, or has otherwise come to be located.
 "Technical staff" means staff assigned to oversee environmental assessments and corrective action.
 "Unified Program Agency" or "UPA" means the agency as defined in Health and Safety Code subsection 25404(a)(1)(C).
 
  Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code. 
  
 



s 68400.13. Qualification Tiers.
Except as provided in section 68400.11(i) of this chapter, a qualified UPA may implement and enforce only those parts of the environmental assessment and corrective action program that have been delegated by the Department pursuant to Health and Safety Code section 25404.1, as described below:
(a) A qualified UPA with a Tier 1 level of qualification, as defined in section 68400.14, shall be qualified to do the following at a facility within the jurisdiction of the UPA:
(1) Review phase I environmental assessments, as defined in Health and Safety Code section 25200.14 (Phase I) for completeness and accuracy;
(2) Inspect permit-by-rule facilities and facilities with conditional authorization for Phase I compliance;
(3) Enforce compliance with Phase I requirements;
(4) Review further investigation schedule, as defined in Health and Safety Code section 25200.14, to determine if a release from solid waste management unit or hazardous waste management unit requires corrective action;
(5) Implement and enforce the corrective action program at applicable less complex sites, as defined in subsection 68400.12 of this chapter;
(6) Issue an order specifying corrective action pursuant to Health and Safety Code section 25187 only for less complex sites to be conducted in accordance with applicable state laws and regulations and section 68400.16 of this chapter;
(b) A qualified UPA with a Tier 2 level of qualification, as defined in section 68400.14, is qualified to conduct the following activities at a facility within the jurisdiction of the UPA:
(1) All of Tier I activities;
(2) Implement and enforce corrective action at applicable sites in addition to less complex sites, except as provided in subsection 68400.11(i);
(3) Issue an order under Health and Safety Code section 25187 for corrective action in accordance with applicable state laws and regulations and section 68400.16 of this chapter.
 
  Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code. 
  
 



s 68400.14. Unified Program Agency Qualification Criteria.
 (a) A qualified UPA with Tier 1 level of qualification shall meet the following Tier 1 criteria:
(1) Personnel Expertise Requirements.
(A) UPA personnel designated to perform the activities of Tier 1 as described in subsection 68400.13(a) and section 68400.16 shall have educational background and technical expertise sufficient to perform the activities of Tier 1 as described in subsection 68400.13(a) and section 68400.16 in accordance with all applicable state laws and regulations, including the requirements of either subparagraph 1 or subparagraph 2, and subparagraph 3 and subparagraph 4 below:
1. Educational background shall consist of a degree from a college or university with a minimum of 60 semester units in the following areas of study:
a. environmental, biological, chemical, physical, or soil science;
b. environmental or public health;
c. environmental, civil or chemical engineering; or
d. directly related scientific field;
2. As an alternative to the requirements of subparagraph 1 above, the UPA personnel may satisfy the educational background requirements by possessing qualifications, knowledge and abilities that are equivalent to those for the Hazardous Substances Scientist, Hazardous Substances Engineer, or Engineering Geologist Classes defined by the California State Personnel Board in the following documents, incorporated herein by reference:
a. Hazardous Substances Scientist, Series Specification, established July 1, 1994;
b. Hazardous Substances Engineer, Series Specification, established June 21, 1994 and revised January 19, 2000;
c. Engineering Geologist, Series Specification, established September 24, 2002.
3. Technical expertise shall include two consecutive years of experience in hazardous materials management, regulation, analysis, or research, environmental research, monitoring, surveillance or enforcement, or resource recovery.
4. Technical expertise shall also consist of documented training or proficiency in the fields of hydrogeology, fate and transport, environmental chemistry, toxicology, preliminary endangerment assessment, quality assurance and quality control for analytical results, and statistics. Additional training in other technical disciplines related to site characterization and cleanup activities will be considered for its applicability to this requirement. This training shall be sponsored by a credible program, including, but not limited to a state or federal agency, university extension, community college, or qualified UPA.
(B) Documentation of UPA Personnel Expertise. An UPA shall submit with its application documentation demonstrating that UPA personnel meet the educational and technical expertise requirements as described in subsection (a)(1)(A).
(2) UPA Past Experience.
(A) An UPA qualified in Tier 1 shall have the ability to issue administrative enforcement orders, and at least two years of experience conducting hazardous waste generator inspections. The required experience shall have been acquired in the two years prior to the date the application is submitted to the Department. A Tier 1 UPA shall also have one of the following:
1. Participation in a Site Designation program pursuant to Health and Safety Code section 25262;
2. At least three years of experience participating in a Local Oversight Program; or
3. At least three years of experience conducting response actions.
(B) Documentation of Past Experience. An UPA shall submit with its application documentation demonstrating that it has experience, as described in paragraph (2)(A) as follows:
1. Most recent UPA triennial final Evaluation Report as required by  California Code of Regulations, title 27, section 15530.
2. A certification that indicates an UPA has the ability to issue an administrative enforcement order, if not included in the most recent UPA triennial final Evaluation Report; and
3. Narrative descriptions of three relevant projects completed in the last three years or in progress that most clearly demonstrate the UPA's experience, specifying responsible staff and their expertise, a description of relevant project tasks and methods for overcoming technical obstacles.
(3) A qualified UPA shall have the ability to implement environmental assessment and corrective action for the tier delegated, pursuant to Health and Safety Code section 25404.1 in accordance with this chapter.
(A) An UPA shall submit with its application a narrative description of how it shall implement and enforce the environmental assessment and corrective action program and delegated responsibilities in accordance with all applicable state laws and regulations. This description shall specify the following:
1. The policies, procedures, approach and process the UPA will use to conduct environmental assessment and corrective action and the guidance documents the UPA relied upon to develop and implement the policies, procedures, approach and process.
2. If the description of relevant projects provided pursuant to subparagraph  (2)(B)3. includes cleanup activities, include in the description details of the process used to conduct the cleanup. Include details regarding public participation, CEQA compliance, site characterization, remedy evaluation and selection, selection of cleanup objectives, remedy implementation, and any long-term activities, such as operation and maintenance.
(4) Adequacy of Staff Resources.
(A) If additional staff resources are needed to implement corrective action, beyond the resources described in the original CUPA application, an UPA shall submit with its application documentation demonstrating that it has the personnel resources needed to conduct the following activities:
1. File reviews;
2. Ongoing training of personnel;
3. Non-technical support for personnel; and
4. Management of any other applicable daily operations needed to support environmental assessment activities or corrective action.
(5) Recordkeeping and accounting systems. If additional recordkeeping and accounting systems are needed to implement corrective action, beyond the systems described in the original CUPA application, the UPA shall submit the following:
(A) An UPA shall submit with its application a description of its budget and accounting processes. Such processes shall include an accounting of expenditures made and revenues received for environmental assessment activities and corrective action at all unified program facilities.
(B) An UPA shall submit with its application a description of tracking systems to be used for monitoring the progress of environmental assessment activities and corrective action at all unified program facilities.
(C) An UPA shall submit with its application a description of how files will be maintained for environmental assessment and corrective action activities associated with unified program facilities within its jurisdiction. These files shall include, but not be limited to, all documents that comprise the administrative record file as defined in section 68400.12.
(6) An UPA shall submit with its application a copy of a local ordinance that shall be enacted that authorizes the UPA to recover the costs of implementing and enforcing the environmental assessment and corrective action program within its jurisdiction. An UPA may be determined to be qualified if it demonstrates to the Department that such an ordinance will be adopted within 60 days of the determination.
(b) A qualified UPA with Tier 2 level of qualifications shall meet all of the following Tier 2 criteria:
(1) An applicant UPA shall submit in its application all the required information as specified in subsection (a) of this section, which shall demonstrate that the applicant meets the Tier 1 qualifications.
(2) Personnel Expertise Requirements. UPA personnel designated to perform the activities of Tier 2 as described in subsection 68400.13(b) and section 68400.16 shall have educational and technical expertise sufficient to perform the activities of Tier 2 as described in subsection 68400.13(b) and section 68400.16 in accordance with all applicable state laws and regulations. In addition to the requirements for personnel expertise in Tier 1, an UPA qualified in Tier 2 shall also demonstrate documented training or proficiency in the fields of risk assessment, introduction to groundwater and remedy selection. Additional training in other technical disciplines related to site characterization, cleanup activities and health risk assessment will be considered for its applicability to this requirement. This training shall be sponsored by a credible program, including, but not limited to a state or federal agency, university extension, community college or qualified UPA.
(3) Specialized Personnel Expertise. An UPA qualified in Tier 2 shall demonstrate that it has the following specialized expertise:
(A) technical expertise necessary for the review and approval of engineering and geological interpretations, conclusions and recommendations that are conducted by registered professionals in conformance with applicable state law, including, but not limited to, Business and Professions Code sections 6735 and 7835 as required by subsection 68400.11(j). This specialized expertise may be provided by UPA personnel, a contractor, or otherwise pursuant to an agreement with a state or local agency; and
(B) technical expertise necessary to review, comprehend and implement all toxicological interpretations, conclusions and recommendations conducted by a professional with the qualifications as required by subsection 68400.11(j). This specialized expertise may be provided by UPA personnel, a contractor, or otherwise pursuant to an agreement with a state or local agency.
(4) Documentation of UPA Personnel Expertise. In addition to the documentation provided for Tier 1, an UPA shall submit with its application documentation specifying detailed information regarding the specialized technical expertise outlined in subparagraphs (b)(2) and (b)(3) of this section, including the following:
1. If an UPA staff member or other personnel working under an agreement with a state or local agency is providing specialized expertise, specify the names of persons with specialized technical expertise; a summary of education, technical training and related experience; and time availability or commitment to Tier 2 activities.
2. If a contractor is providing the specialized expertise, specify the qualifications of the contractor, related experience, time availability or commitment to Tier 2 activities, and the terms and duration of the contract.
(5) UPA Past Experience.
(A) A Tier 2 UPA shall have the past experience of a Tier 1 UPA and one of the following:
1. At least five years of total experience participating in a Local Oversight Program and documentation of experience overseeing 10 tank removals with full-time participation of two staff members, including one supervisor; or
2. At least five years of experience conducting response actions.
(B) Documentation of Past Experience. An UPA shall submit with its application documentation demonstrating that it has the experience required for Tier 1 and the experience described in subparagraph (b)(5)(A) of this section as follows:
1. Demonstration of UPA past experience required for Tier 1, as described in subparagraph (a)(2)(B) of this section;
2. Narrative descriptions of five relevant projects completed in the last five years or in progress that most clearly demonstrate the UPA's experience, specifying responsible staff and their expertise, a description of relevant project tasks, methods for overcoming technical obstacles, and the process used to conduct cleanups or tank removals. Include details regarding public participation, CEQA compliance, site characterization, remedy evaluation and selection, selection of cleanup objectives, remedy implementation, and any long-term activities, such as operation and maintenance.
 
  Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code. 
  

 



s 68400.15. Determination of Qualification.
 (a) To be considered for determination of qualification, an UPA shall submit an application to the Department pursuant to this section. An UPA shall indicate in its application the Tier for which it seeks qualification.
(b) The Department, within 60 days of receipt of the application, shall inform the UPA, in writing, that either the application is complete and accepted for determination of qualification, or that the application is deficient and identify the information that is required to complete the application pursuant to this section.
(c) The Department shall complete the review, within 90 days from the receipt of a completed application, to determine whether the UPA is qualified to implement and enforce the requirements for environmental assessments and corrective action portions of the unified program under Health and Safety Code section 25404.1(a)(3)(C).
(d) The Department, upon completion of the review of the application, shall in writing either approve or disapprove the application for qualification. Within 30 days of approving the application, the Department shall issue a letter of qualification to the UPA (Notice of Approval). Within 45 days of disapproving the application, the Department shall issue a denial letter identifying the areas of deficiency pursuant to this section (Notice of Denial).
(e) Qualification Decision Appeal Process.
(1) The UPA, within 60 days of receipt of the Notice of Denial, may comment to the Department on the deficiencies and provide additional information to address the deficiencies.
(2) The Department, within 60 days of the receipt of the UPA's comments on the Notice of Denial, shall respond, in writing, to approve or disapprove the application based on the review of the information provided by the UPA in subparagraph (e)(1). The UPA, within 45 days of receipt of this decision, may appeal in writing to the Director. Within 45 days of receipt of the appeal, the Director shall, in writing, issue a final decision.
(f) Withdrawal of Determination of Qualification.
(1) The Department may periodically review its determination of any UPA's qualification. The UPA shall make available to the Department all documents and records the Department deems necessary to conduct its review. The Department may withdraw its determination of qualification if an UPA fails to maintain compliance with this chapter.
(A) If the Department determines an UPA is no longer qualified, it will issue a Notice of Withdrawal to the UPA. Within 45 days of receipt of a Notice of Withdrawal, the UPA may comment to the Department in writing on the reasons for withdrawal and may correct the deficiencies and/or provide additional information for consideration by the Department.
(B) Within 60 days of the receipt of the UPA's comments, the Department will respond, in writing, with a decision on withdrawal.
(C) Pursuant to subparagraph (f)(1)(B) of this section, if the Department's decision is to withdraw the determination of qualification, the UPA within 45 days of receipt of this decision, may appeal to the Director. Within 45 days of receipt of the appeal, the Director shall, in writing, issue a final decision to confirm or rescind the withdrawal.
(2) Following a determination of qualification, if resources available to a UPA changed such that the UPA can no longer conduct or oversee environmental assessment and/or corrective action, the UPA shall notify the Department within 15 days of the change. Following receipt of the notice or upon its own determination that the UPA can no longer conduct or oversee environmental assessment and/or corrective action, the Department shall:
(A) Withdraw its determination of qualification; or
(B) If the Department determines that adequate resources will be in place within six months of the date of notice or determination, the UPA may maintain its determination of qualification as long as the UPA otherwise maintains the minimum qualifications for authorization and can continue to conduct or oversee environmental assessment and/or corrective action during the six month period.
 
  Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code. 
  
 



s 68400.16. General Provisions.
 (a) Any corrective action taken pursuant to this chapter shall be consistent with the corrective action provisions of Health and Safety Code, division 20, chapter 6.5 and its implementing regulations.
(b) The nature, extent and scope of corrective action taken or required by this chapter shall be based upon the conditions at the site, the current and reasonably anticipated future land uses of the site and impacts and threatened impacts to waters of the state.
(c) The responsible party shall implement corrective action beyond property boundaries, as necessary to address the breadth and depth of contamination caused by the release.
(d) An UPA shall establish a corrective action process that fulfills all of the following conditions. A description of this process, and a list of all guidance documents the UPA used to develop this process, shall be submitted to the Department pursuant to section 68400.14(a)(3)(A). A qualified UPA's corrective action process shall provide:
(1) opportunities for full and meaningful public involvement.
(A) For a less complex site, public involvement shall include, but not be limited to, providing the public with an agency contact's name, address, email, and phone number; distribution of fact sheets or other information regarding conditions at the site, if warranted given the level of interest expressed in the site; notification before decisions are made regarding corrective action at the site; and the opportunity to participate in decisions, submit comments and receive responses to comments before final UPA approval of activities at the site, such as a final corrective action plan or a certification of corrective action completion.
(B) For all other corrective action, public involvement shall include, but not be limited to an assessment of community interest and preparation of a community profile; based on the level of community interest, distribution of fact sheets regarding conditions at the site; placement of a public notice in a local newspaper of general circulation announcing a 30-day comment period on a proposed corrective action plan; based on the level of community interest, a public meeting, if appropriate, to collect public comment on the proposed corrective action; a written response to public comments; and providing the public with an agency contact's name, address, email, and phone number.
(2) a requirement for site screening using a preliminary endangerment assessment, performed as defined in Health and Safety Code section 25319.5.
(3) a requirement for a site investigation that adequately evaluates and characterizes a release or threat of release at the site of hazardous waste or constituents and determines whether the release or threatened release poses an unreasonable risk to human health and safety or the environment. This investigation shall include, but not be limited to:
(A) adequate characterization and documentation of the release or threat of release;
(B) a risk assessment, where appropriate, that evaluates the risk posed by the release or threatened release;
(C) if the release has affected groundwater, a reasonable characterization of underlying groundwater, including present and anticipated beneficial uses of that water; and
(D) if volatile organic compounds are present, a reasonable characterization and evaluation of risk associated with exposure to indoor air.
(4) specification of corrective action that is protective of human health and the environment. Such corrective action shall attain final cleanup levels determined using a site-wide cumulative carcinogenic risk range of 10 -4  to 10 -6  and a site-wide cumulative systemic toxicity, including sensitive subgroups, health hazard index of <1, unless lower concentrations are necessary to protect ecological receptors or meet applicable water quality objectives in applicable water quality control plans, as determined by a water quality assessment that evaluates whether constituents are migrating to waters of the state and meet state policies for water quality adopted pursuant to Article 3 (commencing with section 13140) of Chapter 3 of Division 7 of the Water Code. The 10 -6  carcinogenic risk level shall be used as a point of departure in establishing cleanup levels for known or suspected carcinogens. Under these conditions, final cleanup levels shall be based upon the following:
(A) Background or non-detectable concentrations, or
(B) Site-specific cleanup levels based on a risk assessment(s), which may include a human health risk assessment and/or an ecological risk assessment, as needed, if the following requirements are met:
1. the risk assessment approach is approved by the Department. To be approved, the risk assessment approach shall meet the following criteria: evaluate exposure to all chemicals present at the site from all sources at the site, and evaluate that exposure for all affected and potentially affected human populations, considering all affected media at the site and all pathways appropriate for the site. The pathways shall be approved by the UPA and shall be based on the contaminants present at the site, the media contaminated, fate and transport of the contaminants through the environment, the routes of exposure and the receptors.
2. The ecological risk assessment shall consider species representing the ecosystems present or potentially present at the site. It shall consider the fate and transport of the contaminants present at the site, including movement through the food web.
(5) adequate resources and oversight to ensure that corrective action is conducted in an appropriate and timely manner and that technical assistance and streamlined procedures, when appropriate, are available.
(6) mechanisms for written documentation of screening, investigation, and selection of corrective action, the written approval of corrective action plans; and a certification of similar documentation indicating that corrective action is complete.
(7) enforcement of the completion of corrective action if the responsible party fails to complete the necessary corrective action, including operation and maintenance or long-term monitoring.
(8) a requirement for financial assurance for corrective action implementation, operation, maintenance and monitoring, if implementation of corrective action is scheduled to take more than one year or if long-term maintenance or monitoring of corrective action is required.
(A) Financial assurance mechanisms shall be consistent with the provisions in section 66264.143, and shall be reviewed and approved by the UPA.
(B) Financial assurance mechanisms that may be used to fulfill this section include a trust fund; a surety bond guaranteeing payment into a trust fund; a surety bond guaranteeing performance of corrective action implementation, operation, maintenance and monitoring; a letter of credit; insurance; or a financial test and guarantee.
(9) a requirement for a land use control that imposes appropriate conditions, restrictions and obligations on land use or activities if, after completion of the corrective action, a hazardous waste or constituents remain at the site at a level that is not suitable for unrestricted land use.
(A) The UPA shall notify the local land use planning authority in which any site is located that corrective action has been proposed. The UPA shall provide the local land use planning authority with notice of the time, date, and place of all public meetings regarding the corrective action and shall involve the local land use planning authority in any deliberation concerning land use conditions or actions. The UPA shall request the local land use planning authority to provide the UPA with the local land use planning authority's assessment of the planned use of the site, including the current and future zoning and general plan designations for the site and the local land use planning authority's determination regarding the appropriate planned use designation in the corrective action plan prepared for the site.
(B) Any land use condition shall be executed by the owner of the land, shall run with the land, and is binding upon all of the owners of the land, their heirs, successors and assignees, and their agents, employees or lessees. All executed land use conditions shall be recorded by the site owner in the county in which the site is located within ten days of execution. The site owner shall provide the UPA with a copy of the land use conditions, which have been appropriately recorded.
(C) If a corrective action plan requires the use of a land use control, the UPA shall not certify that the corrective action is complete until the UPA receives a certified copy of the recorded land use control.
(e) Any corrective action taken pursuant to this chapter shall be consistent with all applicable regulations adopted by the State Water Resources Control Board, all applicable water quality control plans adopted pursuant to section 13170 of the Water Code and Article 3 (commencing with section 13240) of Chapter 4 of Division 7 of the Water Code, and all applicable state policies for water quality control adopted pursuant to Article 3 (commencing with section 13140) of Chapter 3 of Division 7 of the Water Code, to the extent the administering agency determines that those regulations, plans, and policies are not less stringent than this chapter.
 
  Note: Authority cited: Sections 25150, 25404.1 and 58012, Health and Safety Code. Reference: Sections 25187, 25187.1, 25200.3, 25200.10, 25200.14, 25356.1 and 25404.1, Health and Safety Code. 
  
 



Appendix I
Chemicals for Less Complex Sites
 
Organic Acidic Chemicals
2,4-D
2,4,5-T
Pentachlorophenol
- 
Organic Neutral Chemicals
Aldrin
Benzo(a)pyrene
Chlordane
DDD
DDE
DDT
Dieldrin
1,4-Dioxane
Dioxin (2,3,7,8-TCDD)
Endrin
Heptachlor
Lindane
Kepone
Methoxychlor
Mirex
PCBs
Toxaphene
- 
Inorganic Chemicals
Antimony and compounds
Arsenic
Barium and compounds
Beryllium and compounds
Cadmium and compounds
Chromium III
Chromium VI
Cobalt
Copper and compounds
Fluoride
Lead and lead compounds
Mercury and compounds
Molybdenum
Nickel and compounds
Selenium
Silver and compounds
Thallium and compounds
Vanadium and compounds
Zinc
- 
Volatile Chemicals
Benzene
Carbon Tetrachloride
1,2-Dichloroethane
cis-1,2-Dichloroethylene
trans-1,2-Dichloroethylene
Mercury (elemental)
Methyltert-Butyl Ether
Naphthalene
Tetrachloroethylene
Tetraethyl Lead
Toluene
1,1,1-Trichloroethane
Trichloroethylene
Vinyl Chloride
m-Xylene
o-Xylene
p-Xylene

 



s 68500.1. Applicability.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.2. General Provisions.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.3. Definitions.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.4. Public Participation.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.5. Determination of CUPA Qualification.
 
  Note: Authority cited: Section 25404.1(a), Health and Safety Code. Reference: Section 25404.1(a), Health and Safety Code. 
  
 



s 68500.10. Site Assessment.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.11. Site Investigation.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.12. Screening Procedures and Presumptive Remedies.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.15. Remedy Selection and Remedial Objectives.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.20. Remedial Action Plan.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.24. Remedy Design and Implementation.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.25. Interim Measures.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.29. Financial Assurance.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.30. Determination of No Further Action.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 68500.35. Land Use Conditions.
 
  Note: Authority cited: Sections 25150 and 58012, Health and Safety Code. Reference: Sections 25173.6, 25187, 25200.10, 25200.14, 58009 and 58010, Health and Safety Code. 
  
 



s 69000. Purpose.
This article sets forth minimum standards of performance for the activities and conduct of Private Site Managers and members of Private Site Management Teams that conduct site investigations and response actions pursuant to this article and Article 8, as administered by the Department of Toxic Substances Control.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.1-25395.15, Health and Safety Code. 
  
 



s 69000.5. Definitions.
Except as otherwise specified, the terms used in this article have the same meaning as the definitions specified in Chapter 6.8. For purposes of this article, the following definitions apply:
(a) "Administrative Record" means the record or file of all documents relied upon or considered by the Private Site Manager or members of the Private Site Management Team when selecting the response action for a site under this article. These documents may include, but are not limited to: engineering and technical reports; verified sampling data; quality control and quality assurance documentation; policy and guidance documents; statutes and regulations; correspondence; CEQA documents; technical journals, workplans for remedial investigations and feasibility studies; analyses of factual information and data that may have formed the basis for the selection of the response action at the site, and all documents that show the public was notified of site activity and had an opportunity to participate in the response selection process.
(b) "Administrative Record List" means the list of all documents in the Administrative Record. The Administrative Record List shall be included in each RAW and RAP required under this article.
(c) "Application Package" means the Private Site Management Program Application Package submitted under section 69003 that contains a request to the Department that a response action be conducted under the Private Site Management Program.
(d) "Article 8" means article 8, Private Site Management Program, of chapter 6.8 of division 20 of the Health and Safety Code (commencing with section 25395.1).
(e) "CEQA" means the California Environmental Quality Act (Public Resources Code sections 21000-21178) and the State CEQA Guidelines contained in the California Code of Regulations, title 14, sections 15000-15387.
(f) "Chapter 6.5", "Chapter 6.66," "Chapter 6.8," and "Chapter 6.85" mean chapter 6.5, chapter 6.66, chapter 6.8 and chapter 6.85 respectively of division 20 of the Health and Safety Code.
(g) "Department" means the Department of Toxic Substances Control.
(h) "EIR" means an environmental impact report prepared under CEQA.
(i) "FS" means Feasibility Study.
(j) "Independent" means that a Private Site Manager or a member of a Private Site Management Team meets all of the following requirements:
(1) The Private Site Manager or Private Site Management Team member is not an employee of the Project Proponent, a known responsible party, or a prospective buyer of the site or portion of the site;
(2) The Private Site Manager or Private Site Management Team member is not a general partner or a limited partner with any Project Proponent, known responsible party, or prospective buyer of the site or portion of the site;
(3) The Private Site Manager or Private Site Management Team member is not a shareholder in the Project Proponent entity, a known responsible party, or a prospective buyer of the site or portion of the site;
(4) The Private Site Manager or Private Site Management Team member does not receive any source of income from the Project Proponent, a known responsible party, or a prospective buyer of the site or portion of the site, other than the payment of fees for professional services, and;
(5) The Private Site Management Team member does not accept, or agree to accept, any payment that is in any way contingent upon the completion of a response action of the site under the Private Site Management Program.
(k) "Initial Study" means an Initial Study prepared under CEQA.
(l) "Land Use Controls" means recorded instruments restricting the present and future uses of the site as defined in subsection (l) of section 25396 of the Health and Safety Code.
(m) "Material Deviation" means a significant change in physical conditions at a site or previously unknown information about physical conditions at a site that may cause the Department to rescind its approval of an Application Package, PEA report, draft or final RAW, draft or final RAP, remedial design, certification request, or certification.
(n) "O&M" means operation and maintenance.
(o) "PEA" means preliminary endangerment assessment.
(p) "Private Site Management Program" means the program under this article and Article 8 in which Private Site Managers and Private Site Management Teams conduct investigations of potential hazardous substance release sites and response actions on sites where a significant release of a hazardous substance has occurred or is likely to have occurred.
(q) "Private Site Management Program Agreement" means the agreement under section 69007 between the Department and a Project Proponent for performance of all necessary response actions at a site.
(r) "Private Site Management Team" means a group coordinated by a Private Site Manager as defined under subsection (b) of section 25395.1 of the Health and Safety Code.
(s) "Private Site Manager" means an individual who is a California Registered Environmental Assessor - Class II as defined under California Code of Regulations, title 14, section 19030, subsection (r), and is conducting a response action under this article.
(t) "Project Proponent" means a person who has submitted an Application Package under section 69003 requesting that a response action be conducted under the Private Site Management Program.
(u) "Remedial Action Plan" or "RAP" means the remedial action plan prepared by the Private Site Management Team in accordance with all the requirements of sections 25356.1 and 25395.5 of the Health and Safety Code.
(v) "RAW" means removal action work plan.
(w) "Reasonable Costs" means costs that are incurred by the Department under this article in accordance with Chapter 6.5, Chapter 6.66, Chapter 6.8, or Chapter 6.85 including all costs incurred in complying with CEQA, all costs incurred in investigating, remediating and certifying a site, and all costs incurred in performing audits.
(x) "RI" means remedial investigation.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25356.1, 25395.1-25395.15 and 25396, Health and Safety Code. 
  
 



s 69001. Performance Standards.
 (a) In the performance of actions under this article and Article 8, a Private Site Manager shall select Private Site Management Team members who possess the necessary qualifications, work experience, licenses, registrations, professional skills, and appropriate insurance in accordance with section 69004, for properly performing response actions at the site based upon specific site conditions.
(b) In the performance of actions under this article and Article 8, a Private Site Manager and members of a Private Site Management Team shall:
(1) Comply with the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, the requirements of Chapter 6.85;
(2) Conduct all activities in compliance with all applicable federal, State, and local laws and regulations, including but not limited to, requirements to obtain permits and to assure worker safety;
(3) Make a good faith and reasonable effort to identify the level of community concern and identify and obtain all material, data, reports, and other information that may relate to site conditions. The Private Site Manager and members of the Private Site Management Team shall comply with the requirements of sections 25358.7 and 25358.7.1 of the Health and Safety Code in implementing or taking action under this article and Article 8. Any public participation requirements specifically set forth in this article are in addition to those requirements otherwise imposed by sections 25358.7 and 25358.7.1 of the Health and Safety Code;
(4) Identify and obtain any additional data and other information necessary to comply with the requirements of this article and Article 8; and
(5) Comply with the requirements of section 25355.8 of the Health and Safety Code, when the Project Proponent is not the current record owner of fee title to the property.
(c) Each report, plan, design, or other document that contains a finding, opinion, determination or decision related to a response action at the site and that is prepared by a Private Site Manager or Private Site Management Team and submitted to the Department under this article shall include all of the following:
(1) Description of the methods, data, assumptions, models, risk assessments, and conditions used to support the finding, opinion, determination, or decision;
(2) Describe any data, assessments, assumptions, qualifications or limitations regarding alternative findings, opinions, determinations or decisions that were considered and rejected;
(3) A statement verifying that the finding, opinion, determination, or decision submitted to the Department is in conformance with all requirements of this article, Article 8, and Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85;
(4) A list of any State and federal technical guidance documents and manuals used to prepare the report, plan, design or other document;
(5) To the extent feasible, use appropriate formatting similar to the Department prepared or approved reports, plans, designs or other documentation;
(6) The signature, and if appropriate the seal or stamp, of the Private Site Manager, and the date the document was signed; and
(7) The signatures of all Private Site Management Team members who prepared or helped to prepare the report, plan, design or other document being submitted by the Private Site Manager.
(d) In addition to the performance standards set forth in subsections (a) through (c), the Private Site Manager or a member of the Private Site Management Team shall immediately notify the Project Proponent when site conditions or an incident at the site poses an imminent or substantial endangerment to the public health, welfare, or environment. The Private Site Manager shall notify the Department within 24 hours of discovery of the site condition or incident unless the Private Site Manager knows the Project Proponent has already notified the Department of that site condition or incident.
(e) Private Site Managers and members of a Private Site Management Team are subject to the requirements and prohibitions of section 25395.13 of the Health and Safety Code.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25358.7, 25358.7.1, 25395.1, 25395.2, 25395.3, 25395.4, 25395.10, 25395.13 and 25395.15, Health and Safety Code. 
  
 



s 69002. Preliminary Endangerment Assessment Report.
 (a) A Private Site Manager shall use the Department's PEA Guidance Manual  (January 1994 and reprinted in June 1999), which is incorporated by reference, to conduct an investigation of a potential hazardous substance release site and to prepare a PEA report that determines if there has been a hazardous substance release or threatened release at the site.
(b) If a Private Site Manager determines, based on the PEA results, that a significant hazardous substance release has not occurred and is not likely to occur at the site and therefore site conditions do not require any further investigation or remedial action, the Private Site Manager may submit a PEA report to the Department certifying that no further action is required at the site. If the Private Site Manager submits a PEA report under this subsection, the Private Site Manager shall do either of the following:
(1) Submit a signed statement indicating that the Private Site Manager agrees to pay all of the Department's Reasonable Costs for reviewing the PEA report upon receipt of the Department's invoice; or
(2) Submit a statement, signed by the Project Proponent, indicating that the Project Proponent agrees to pay all of the Department's Reasonable Costs for reviewing the PEA report upon receipt of the Department's invoice.
(c) If a Private Site Manager determines, based on the PEA results, that a significant hazardous substance release has occurred or is likely to occur at the site, the Private Site Manager may submit the PEA report and the determination to the Department for review and concurrence under section 69011.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2 and 25395.14, Health and Safety Code. 
  
 



s 69003. Private Site Management Program Application Package
 (a) If the PEA report prepared by the Private Site Manager under subsection  (a) of section 69002 determines that a significant hazardous substance release has occurred or is likely to have occurred at the site, and if the Department concurs with this determination under subsection (b) of section 69011, the Private Site Manager may do either of the following:
(1) Assist the Project Proponent in submitting an Application Package; or
(2) Prepare and submit an Application Package that has been signed by the Project Proponent.
(b) The Application Package shall include the following:
(1) Names of the designated members of the Private Site Management Team;
(2) Statement of the professional qualifications of each Private Site Management Team member;
(3) Description of how each Private Site Management Team member's experience and expertise will address specific site conditions;
(4) PEA report prepared under subsection (a) of section 69002, including a community profile report;
(5) RI report, if one has been prepared, or other investigative reports;
(6) Name and professional qualifications of the Private Site Management Team member with the experience or training in public participation, risk communication, and community involvement required by section 25395.4 of the Health and Safety Code;
(7) Sufficient information for the Department to determine that the Private Site Manager and members of the Private Site Management Team possess appropriate insurance, as specified in section 69004;
(8) Information that demonstrates that the site meets all the conditions set forth in subsection (a) of section 25395.3 of the Health and Safety Code; and
(9) Information that demonstrates that the Private Site Manager meets all the requirements of subsection (b) of section 25395.3 of the Health and Safety Code.
(c) The Application Package shall contain CEQA documentation including sufficient information to allow the Department to determine whether site conditions or any proposed response actions may require the preparation of an EIR. A site will not be automatically disqualified if an EIR is required. The Application Package shall include information regarding the impacts that site conditions or any proposed response actions may have on: the geologic features of the site; land use planning; public health and safety; local population and housing in the vicinity of the site; water quality; air quality; traffic and transportation; ecological and biological resources; energy and mineral resources; noise levels; public service systems and utilities; local aesthetics; cultural resources; and recreation. The Department may be the lead agency for CEQA compliance for sites participating in the Private Site Management Program. If another public agency is the lead agency for the site or a portion of the site, the Application Package shall identify the lead agency and shall include any CEQA documents prepared by the lead agency. If the Application Package does not contain sufficient information to allow the Department to determine whether an EIR may be required, the Department may request the Private Site Manager to provide additional information. If the Department determines a subsequent or supplemental EIR is required and that the CEQA documentation is insufficient, the Department may prepare additional documentation in accordance with section 21166 of the Public Resources Code and section 15162 of title 14 of the California Code of Regulations and may request the Private Site Manager to provide additional CEQA documentation.
(d) The Application Package shall include a description of the public participation activities proposed for the site.
(e) If the Department determines that there is a substantial likelihood that further significant environmental damage or human exposure may occur as the response action is implemented, the site is not appropriate for the Private Site Management Program, and the Department will disapprove the Application Package.
(f) If the Department determines that the Application Package does not include the information and documentation required by this section, the Department may disapprove the Application Package. The Department will describe the actions needed to correct identified deficiencies.
(g) Sites listed pursuant to section 25356 of the Health and Safety Code are not appropriate for the Private Site Management Program.
(h) If the Department approves an Application Package, a Private Site Management Team may be designated for the site.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.3, 25395.4 and 25395.10, Health and Safety Code. 
  

 



s 69004. Insurance Requirements.
 (a) The Private Site Manager shall ensure that the Private Site Manager and each member of the Private Site Management Team maintains appropriate insurance. All insurance policies maintained under this article shall provide for 120-day advance written notice of cancellation to the Project Proponent and to the Department. In the event the Private Site Manager or a member of the Private Site Management Team fails to keep in effect the insurance coverage specified in this section, the Department may terminate the Private Site Manager's participation in the Private Site Management Program. If the Department terminates the Private Site Manager's participation in the Private Site Management Program, the Project Proponent may submit a new Application Package for the site. Upon request by the Department, the Private Site Manager and each member of the Private Site Management Team shall provide certificates of the insurance and copies of each insurance policy required under subsections (b) through (h).
(b) The Private Site Manager shall maintain comprehensive general liability insurance with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined, with an annual aggregate of no less than $2,000,000. The policy shall include coverage for liabilities arising out of the site premises and operations, independent contractor activities at the site, products used or produced at the site, completed site operations, personal and advertising injury, and liability assumed under an insured contract.
(c) The Private Site Manager shall maintain motor vehicle liability insurance with limits of not less than $1,000,000 per accident, with an annual aggregate of no less than $2,000,000. This motor vehicle liability insurance shall cover liability arising out of operation of a motor vehicle including owned, hired, and non-owned motor vehicles.
(d) The Private Site Manager shall maintain statutory workers' compensation and employer's liability coverage for all of its employees who will be engaged in activities under the Private Site Management Program, including special coverage extensions where applicable.
(e) In addition to the minimum insurance requirements in subsections (b) through (d), a Private Site Manager and each member of the Private Site Management Team who performs consulting services shall provide evidence of Professional Liability/Errors and Omissions Coverage, with policy limits of at least $1,000,000 per claim, with an annual aggregate of no less than $2,000,000, for liabilities arising out of errors, omissions or negligent acts related to or in connection with activities under the Private Site Management Program.
(f) The Private Site Manager who performs response actions shall provide evidence of Pollution/Environmental Impairment Liability Coverage with policy limits of at least $1,000,000 per occurrence, with an annual aggregate of no less than $2,000,000, for bodily injury and property damage liability combined.
(g) The Private Site Manager shall obtain appropriate environmental insurance coverage under article 8.7 (commencing with section 25395.40) of Chapter 6.8 if insurance coverage under article 8.7 is available.
(h) The Private Site Manager shall maintain any other types of insurance appropriate for conditions at the site, as required by the Project Proponent or as required by any statute, regulation, or ordinance of a state or local governmental agency.
(i) If the Private Site Manager or a member of the Private Site Management Team demonstrates by evidence satisfactory to the Department that any contractor or subcontractor maintains insurance covering activities at the site that is equivalent to the insurance described in subsections (b)-(h), or insurance covering the same risks but in lesser amount, then the Private Site Manager or member of the Private Site Management Team need provide only that portion of the insurance that is not maintained by the contractor or subcontractor.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25355.2, 25395.3, 25395.4, 25395.10 and 25395.40, Health and Safety Code. 
  

 



s 69005. Compliance with the California Environmental Quality Act.
 (a) The Department may be the lead agency for CEQA actions for sites in the Private Site Management Program or another public agency may be the lead agency for a site or a portion of the site. If the Department is not the lead agency, the Department, as a responsible agency, will review the lead agency's CEQA documents.
(b) If the Private Site Management Team determines the site requires a removal action, the Private Site Manager shall submit the following to the Department: draft RAW, PEA report, RI report, draft CEQA information, and any other investigative documents pertaining to the site. The Department will consider the draft RAW technically complete if the draft RAW meets the requirements of this article, Article 8, and Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85.
(c) If the Department is the lead agency, the Department will determine whether an Initial Study is required for the RAW. For the Department's determination regarding an Initial Study, the Private Site Manager shall submit to the Department all information necessary for making a determination of the potential for significant effects on the environment from the removal action. The Department will consider the CEQA information technically complete if the Department determines that all information necessary to prepare an Initial Study has been submitted. If the Department determines the removal action is not exempt from CEQA, the Department will prepare an Initial Study. When the Department determines that all applicable CEQA documents have been completed, a 30-day comment period will commence on the Department's proposed CEQA determination. Public review of the CEQA documents and the draft RAW will be held concurrently.
(d) If the Private Site Management Team determines the site requires a RAP, the Private Site Manager shall submit the following to the Department: draft RAP, RI report, FS report, draft CEQA information, and any other investigative documents pertaining to the site. The Department will consider the draft RAP technically complete if the draft RAP meets the requirements of this article, Article 8, and Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85.
(e) If the Department is the lead agency, for the Department's preparation of the Initial Study for the RAP, the Private Site Manager shall submit all information necessary for making a determination of the potential for significant effects on the environment. The Department will consider the CEQA information technically complete if the Department determines that all information necessary to prepare an Initial Study has been submitted. If the Department determines the response action is not exempt from CEQA, an Initial Study will be prepared. When the Department determines all applicable CEQA documents have been completed, a 30-day comment period will commence on the Department's proposed CEQA determination. Public review of the CEQA documents and the draft RAP will be held concurrently.
(f) If the Department determines the CEQA documentation is insufficient, the Department will prepare additional documentation in accordance with section 21166 of the Public Resources Code and section 15162 of title 14 of the California Code of Regulations. The Department may request the Private Site Manager to provide additional CEQA documentation.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.3, 25395.4, 25395.5 and 25395.11, Health and Safety Code. 
  
 



s 69006. Project Proponent.
 (a) The purpose of this section is to establish minimum requirements for Project Proponents.
(b) A Project Proponent shall do all of the following:
(1) Provide the Private Site Manager with all information regarding the site known to the Project Proponent or in the Project Proponent's possession;
(2) Sign and submit an Application Package or sign and have the Private Site Manager submit the Application Package;
(3) Enter into a Private Site Management Program Agreement with the Department as specified under section 69007;
(4) Notify the Department whenever any known condition or incident at the site poses an emergency or an imminent or substantial endangerment to human health or the environment. The Project Proponent shall provide written notification to the Department within 24 hours of discovery of the site condition or incident;
(5) Reimburse the Department for its costs based on the level of oversight requested by the Project Proponent and consistent with the requirements of Article 8, including the cost of reviewing and commenting on documents submitted.
(6) Cooperate with the Department in its performance of any audit of a site conducted under section 69012.
(c) The Project Proponent shall be Independent of the Private Site Manager and all Private Site Management Team members.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.1, 25395.3, 25395.4, 25395.12, 25395.14 and 25359.15, Health and Safety Code. 
  
 



s 69007. Private Site Management Program Agreement.
 (a) A Project Proponent shall enter into a Private Site Management Program Agreement with the Department for the performance of all necessary response actions at the site. The Project Proponent shall agree to pay all Reasonable Costs incurred by the Department at the site and the Project Proponent shall also agree to perform all response actions at the site in accordance with the requirements of Chapter 6.8, or for sites selected under section 25396.6 of the Health and Safety Code, Chapter 6.85. The Project Proponent may elect to have minimal Department oversight as provided by this article.
(b) The Department will meet and confer with the Project Proponent in accordance with section 25269.5 of the Health and Safety Code. The Department will provide the following:
(1) An estimate of the cost of the Department's oversight of the response actions at the site, including a list of estimated personnel labor rates;
(2) An estimate of the total hours the Department expects its staff to incur in implementing the terms of the Private Site Management Program Agreement entered into under subsection (a) to the extent that the Department can project its time and costs in advance; and
(3) A discussion and thorough review of the services the Department will provide to the Project Proponent and Private Site Manager.
(c) The Agreement may provide for the Department's oversight of preparation of a draft RAW or draft RAP, preparation of a remedial design or implementation of the response action. Department oversight of this preparation or implementation is not required.
(d) The Project Proponent may terminate the Private Site Management Program Agreement for any reason by providing 30-day advance written notice of the termination to the Department.
(e) The Department may terminate the Private Site Management Program Agreement if the Department (1) determines that any grounds for withdrawal exist as set forth in section 69013 or any grounds for rescission exist as set forth in section 69009, and (2) provides 30-day advance written notice to the Project Proponent.
 
  Note: Authority cited: Sections 25269.5, 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.3, 25395.5, 25395.6, 25395.7, 25395.14 and 25396.6, Health and Safety Code. 
  
 



s 69008. Guidance Documents.
 (a) The Department will provide an advisory list of technical guidance manuals, relevant State and federal laws, regulations and other types of guidance documents that the Department believes would be useful for conducting PEAs, site assessments, investigations, site cleanups, remedial designs, O&M agreements, and site certifications. A copy of this list will be provided to the Private Site Manager upon approval of a Private Site Management Application Package or upon request.
(b) At the request of a Private Site Manager, the Department may suggest other appropriate technical guidance documents and manuals on a case-by-case basis for the site.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.5, 25395.6 and 25395.11, Health and Safety Code. 
  
 



s 69009. Change in Site Conditions or Site Information.
 (a) If the documented physical conditions at a site change, or a change in physical conditions becomes known to the Private Site Manager, to the extent that the site no longer meets the conditions in subsection (a) of section 25395.3 of the Health and Safety Code, the Private Site Manager shall notify the Department and the Project Proponent. The Private Site Manager shall provide notification in writing no later than seven (7) calendar days after identifying a physical change in conditions or identifying new information about physical conditions.
(b) If a Private Site Manager or a member of a Private Site Management Team becomes aware of facts, data, or information that are a Material Deviation from the facts, data, or information used to prepare a PEA report, draft or final RAW, draft or final RAP, or remedial design, the Private Site Manager shall:
(1) Determine whether a selected response action is protective of public health and safety or the environment, considering the new facts, data, or information; and
(2) Notify the Department and the Project Proponent in writing within seven (7) calendar days of becoming aware of the Material Deviation. The written notification shall include the determination required under paragraph (1).
(c) If, at any time, a Material Deviation becomes known to the Department, the Department may (1) rescind approval of the Application Package, PEA report, draft or final RAW, draft or final RAP, remedial design, certification request, or certification, or (2) require the Private Site Management Team to include additional professional staff members with expertise appropriate to the changed physical conditions or to the new information about physical conditions at the site. Any proposed additional professional staff members are subject to approval by the Department.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.3, 25395.4, 25395.5, 25395.6 and 25395.11, Health and Safety Code. 
  
 



s 69010. Material Deviation from Department Approved Report, Workplan, or Remedial Design.
 (a) If a Private Site Manager or a member of a Private Site Management Team knows, or has reason to know, that any proposed action or decision of the Project Proponent or the Private Site Management Team is based on a Material Deviation from information in a Department-approved PEA report, draft or final RAW, draft or final RAP, or remedial design, the Private Site Manager or a member of the Private Site Management Team shall notify the Department and the Project Proponent. The notification shall be made in writing seven (7) calendar days prior to taking the action or making the decision that is based on a Material Deviation from the Department-approved PEA report, draft or final RAW, draft or final RAP, or remedial design.
(b) The written notice required by subsection (a) shall include a description of how the proposed action or decision is based on a Material Deviation from the Department-approved PEA report, draft or final RAW, draft or final RAP, or remedial design.
(c) If the proposed action or decision of the Project Proponent or Private Site Management Team would require a significant change in an approved draft or final RAW because of a Material Deviation that is the subject of a notification under subsection (a), the Department may either:
(1) publish a public notice that describes the proposed changes and explains the reasons for the differences in the revised draft or final RAW; or
(2) reject the proposed action or decision.
(d) Any public notice under subsection (c) will be published in a newspaper of general circulation, with a 30-day public comment period. Based on the level of community interest, the Department may hold a community meeting during the public comment period.
(e) If the proposed action or decision of the Project Proponent or Private Site Management Team would require a significant change in the selected remedy in an approved draft or final RAP because of a Material Deviation that is the subject of a notification under subsection (a), the Department may either:
(1) publish a public notice that describes the proposed action or decision and solicits public comment; or
(2) reject the proposed action or decision.
(f) Any public notice under subsection (e) will be published in a newspaper of general circulation, with a 30-day public comment period. The Department will hold a community meeting during the public comment period.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.4, 25395.5, 25395.6, 25395.8 and 25395.13, Health and Safety Code. 
  
 



s 69011. Department Review and Approval of Submittals by the Private Site Manager or Private Site Management Team.
 (a) Within 60 days of receipt of a PEA report submitted by a Private Site Manager under section 69002 certifying that site conditions do not require any further investigation or remedial action at a site, the Department will review the PEA report.
(1) If the Department does not provide a written notice of disagreement to the Private Site Manager within 60 days of the Department's receipt of the PEA report, the Department shall be deemed to be in agreement with the PEA report and will designate the site as a site that requires no further action.
(2) If the Department disagrees with the certification in the PEA report, the Department will issue a written notice of disagreement to the Private Site Manager within 60 days of the Department's receipt of the PEA report describing the deficiencies of the PEA report and the reasons for the Department's disagreement with the certification in the PEA report.
(3) The Department will not designate the site as a site that requires no further action if the release of hazardous substances has caused, or threatens to cause, discharges to waters of the State.
(b) Within 60 days of receipt of a PEA report submitted by a Private Site Manager under section 69002 that determines that a significant hazardous substance release has occurred or is likely to have occurred at a site, the Department will review the PEA report.
(1) If the Department concurs with the determination under subsection (b), the Private Site Manager may submit an Application Package under the provisions of section 69003.
(2) If the Department does not concur with the determination under subsection  (b), the Department will issue a written notice of disagreement to the Private Site Manager within 60 days of the Department's receipt of the PEA report describing the deficiencies of the PEA report and the reasons for the Department's disagreement with the Private Site Manager's determination.
(c) Within 60 days of receipt of both a draft or final RAW and technically complete draft CEQA information submitted by a Private Site Manager under section 69005, the Department will approve or reject the draft or final RAW and draft CEQA information. To be approved, the draft or final RAW shall include a description of past community involvement efforts, recommendations for future public participation activities, and the Administrative Record List for the site, and shall be prepared in accordance with all of the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, and applicable regulations and guidance documents. The draft or final RAW may be prepared without Department oversight.
(1) If the Department rejects a draft RAW and draft CEQA information, the Department will state the reasons for rejecting the draft RAW and draft CEQA information and describe the actions needed to correct identified deficiencies.
(2) If the Department rejects a draft RAW and draft CEQA information, the Private Site Manager or a member of the Private Site Management Team may submit a revised draft RAW and draft CEQA information. The Department will have an additional 60 days from receipt of a revised submittal to review any new documents, reports, or workplans provided with the revised submittal.
(3) If the Department considers the draft RAW and draft CEQA information to be technically complete and if the Department approves the draft RAW and draft CEQA information, the Department will release the draft RAW and the draft CEQA determination for a 30-day public comment period. The draft RAW and draft CEQA determination will be noticed in a newspaper of general circulation at the beginning of the comment period.
(4) The Department may approve or reject the final RAW. If the Department approves the final RAW, the Private Site Management Team shall implement the response action set forth in the approved final RAW. The implementation may be conducted without Department oversight.
(d) Within 60 days of receipt of a draft RAP and technically complete draft CEQA information submitted by a Private Site Manager under section 69005, the Department will approve or reject the draft RAP and draft CEQA information. To be approved, the draft RAP shall include a description of past community involvement efforts, recommendations for future public participation activities, and the Administrative Record List and shall be prepared in accordance with all the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, and applicable regulations and guidance documents. The draft RAP may be prepared without Department oversight.
(1) If the Department rejects a draft RAP and draft CEQA information, the Department will state the reasons for rejecting the draft RAP and draft CEQA information and describe the actions needed to correct identified deficiencies.
(2) If the Department rejects a draft RAP and draft CEQA information, the Private Site Manager or a member of the Private Site Management Team may submit a revised draft RAP and draft CEQA information. The Department will have an additional 60 days from receipt of a revised submittal to review any new documents, reports, or workplans provided with the revised submittal.
(3) If the Department considers the draft RAP and draft CEQA information to be technically complete and if the Department approves the draft RAP and draft CEQA information, the Department will release the draft RAP and the draft CEQA determination for a 30-day public comment period. During that period, at least one community meeting will be held to solicit public comment. The draft RAP and draft CEQA determination will be noticed in a newspaper of general circulation at the beginning of the public comment period. Following the public comment period, the Department will comply with subsection (f) of section 25356.1 of the Health and Safety Code, prepare a written notice that informs the community of the final selected remedy, and file a Notice of Determination under section 21108 of the Public Resources Code.
(e) The Private Site Manager shall prepare and submit to the Department for the Department's approval a final RAP in accordance with Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, and applicable regulations and guidance documents. The Department may approve or reject a final RAP. If the Department approves a final RAP, the Private Site Management Team shall implement the approved final RAP. The implementation may be conducted without Department oversight.
(f) The Private Site Management Team shall prepare a remedial design for implementation of the response action selected in the approved final RAP and submit the remedial design to the Department for approval. Within 60 days of receipt of the remedial design submitted by the Private Site Management Team, the Department will approve or reject the remedial design. The Department will review the remedial design to ensure that it is consistent with implementation of the final RAP approved by the Department under subsection (e).
(1) If the Department rejects the final remedial design, it will state the reasons for rejecting the document and describe the actions needed to correct the identified deficiencies.
(2) If the Department rejects the final remedial design, the Private Site Management Team may submit a revised remedial design. The Department will have an additional 60 days from receipt of a revised submittal to review any new documentation provided.
(3) If the Department approves the final remedial design, the Private Site Manager will prepare a fact sheet describing pertinent activities associated with the remedial action including, but not limited to hours of operation, noise, traffic, and duration of work. Upon the Department's approval, the Private Site Manager will issue the fact sheet to the public and, if appropriate, the Private Site Manager will conduct a public meeting.
(4) The Private Site Management Team shall implement the approved remedial design. The implementation may be conducted without Department oversight.
(g) The Private Site Manager shall submit a request for a certificate of completion to the Department upon completion of the response action. Except as provided under paragraph (7), within 30 days from receipt of a request for a certificate of completion submitted by a Private Site Manager, the Department will review the request and will approve or reject it.
(1) Requests for a certificate of completion shall include all information specified in subsection (a) of section 25395.8 of the Health and Safety Code, documentation that any required Land Use Controls have been recorded as specified in subsection (b)(4) of section 25395.8 of the Health and Safety Code, documentation that all necessary response actions have been satisfactorily completed and that the information contained in the certification request is accurate to the best of the Private Site Manager's knowledge, and any other documentation required by the Department to demonstrate the response action was completed in accordance with the requirements of Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85.
(2) For sites that require O&M, the Private Site Manager shall submit a plan for implementation of any O&M measures required by the approved RAW or approved final RAP, including periodic submittal of reports and data to document the effectiveness of the O&M, documentation that any long-term monitoring, maintenance, and abatement systems are functioning as designed, and documentation that the O&M will achieve and maintain the abatement goals established by the approved final RAP. The Private Site Manager shall submit documentation demonstrating that financial assurance requirements for O&M have been met as specified under section 25355.2 of the Health and Safety Code.
(3) The Department will evaluate a certification request to ensure that response actions have been completed in accordance with the approved RAW or the approved final RAP for the site. The Department will determine if there is sufficient documentation to support the RAW or final RAP. The Department may request the Private Site Manager to provide additional documentation to support the RAW or final RAP. The Department will also determine if appropriate Land Use Controls have been recorded as specified in subsection (b)(4) of section 25395.8 of the Health and Safety Code.
(4) If the Department approves the certification request, the Department will prepare a certification that includes a certificate of completion, requirements for ongoing reporting and O&M, and a description of applicable Land Use Controls. The Department will provide the certification to the Project Proponent, all known responsible parties, and owners of properties located adjacent to the site, and will make the certification available to the community where the site is located.
(5) If the Department rejects the certification request, it will state the reasons for rejecting the request and describe the actions needed to correct the identified deficiencies.
(6) If the Department rejects the certification request, the Private Site Manager or a member of a Private Site Management Team may submit a revised certification request. The Department will have an additional 30 days from its receipt of a revised certification request to review any new documentation provided by the Private Site Manager or member of a Private Site Management Team and to approve or reject the revised certification request.
(7) If the site is selected for an audit under section 69012, the Department will not approve or reject a certification request until the audit is completed.
(h) After a site has been certified, the Department may determine that the site no longer qualifies for certification under the Private Site Management Program, if the Department makes one or more of the following findings:
(1) Subsequent monitoring, testing, or analysis indicates that the remedial action standards and objectives were not achieved or are not being maintained;
(2) One or more of the conditions, restrictions or limitations imposed on the site as part of the remedial action or certification are violated;
(3) Site monitoring or O&M activities that are required as part of the response action or certification are not adequately funded or are not properly performed;
(4) A hazardous substance release is discovered at the site that was not the subject of the site investigation and response action for which the site certification was issued;
(5) A Material Deviation from the conditions known at the time the Department issued a certification, or the discovery of new information, causes the Department to require further site investigation and response action in order to prevent a significant risk to human health and safety or to the environment; or
(6) The Private Site Manager or a member of the Private Site Management Team induced the Department to issue the site certification by means of misrepresentation, fraud, negligence, or intentional nondisclosure of information.
(i) After a site has been certified, if the Department determines that the site no longer qualifies for certification under subsection (g), the Department will withdraw its approval for the response action conducted at the site and will provide the Private Site Manager with written notification setting forth the reasons for the Department's determination.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25355.2, 25395.2, 25395.3, 25395.4., 25395.5, 25395.6, 25395.7, 25395.8, 25395.11, 25395.12, 25395.13 and 25396.6, Health and Safety Code; and Sections 21108 and 21166, Public Resources Code. 
  

 



s 69012. Department Audits.
 (a) The Department will conduct audits of the sites subject to the Private Site Management Program as specified in section 25395.12 of the Health and Safety Code.
(b) A Project Proponent, Private Site Manager, and members of a Private Site Management Team shall cooperate fully with a Department audit by providing complete access to information, records, technical data, reports, sampling data, photographs, maps, and files related to a response action conducted by a Private Site Manager or a member of a Private Site Management Team.
(c) The Project Proponent shall retain all data, reports, the Administrative Record, and any other relevant documents prepared by the Private Site Manager or a member of a Private Site Management Team for a minimum of ten (10) years after the conclusion of all site activities, including ongoing O&M, under this article and Article 8.
(d) If the Department requests that some or all of these documents be preserved for a longer period of time, the Project Proponent shall: (1) comply with that request; (2) deliver the documents to the Department, or (3) permit the Department to copy the documents prior to destruction. The Project Proponent shall notify the Department in writing at least six (6) months prior to destroying any documents prepared under this article or Article 8.
(e) If a Department audit finds that the performance of a Private Site Manager failed to meet the minimum performance standards set forth in this article, Article 8, Chapter 6.8 or, for sites selected pursuant to section 25396.6 of the Health and Safety Code, Chapter 6.85, or if the Department makes any of the findings set forth in subsection (l) of section 25570.3, of the Health and Safety Code, the Department may take appropriate action to do any one or more of the following: (1) deny, suspend or rescind the Environmental Assessor - Class II registration of the Private Site Manager; (2) reject the request for a certificate of completion under subsection (g) of section 69011; (3) withdraw its approval for the response action under subsection (i) of section 69011.
(f) If a site for which a request for a certificate of completion has been submitted under section 69011 is selected for audit, the Department will notify the Project Proponent in writing within twenty-one (21) working days of submittal of the certification request that the site has been selected for audit.
(g) The Department will complete an audit within forty-five (45) working days of sending the audit notification to the Project Proponent. The Department will submit the audit findings to the Project Proponent in writing.
(h) If a site for which a certificate of completion has been submitted under section 69011 is selected for an audit, the Department's time to act on the certification request will be extended to forty-five (45) working days from sending the audit notification to the Project Proponent or until the audit is completed, whichever comes first. If the audit reveals facts or information that would require additional response action, the Department will reject the certification request.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.12, 25395.13, 25395.15 and 25570.3, Health and Safety Code. 
  
 



s 69013. Withdrawal of Department Approval.
 (a) The Department may withdraw approval of an Application Package or may terminate a Private Site Management Program Agreement under subsection (e) of section 69007 if any of the following apply:
(1) The Department determines that a Private Site Manager, a member of a Private Site Management Team, or a Project Proponent has failed to comply with any of the requirements of this article, Article 8, Chapter 6.8 or, for sites selected under section 25396.6 of the Health and Safety Code, Chapter 6.85;
(2) The Department determines that the Project Proponent has failed to comply with the Private Site Management Program Agreement for the site;
(3) At any time the Department determines that there is a substantial likelihood that further significant environmental damage or human exposure may occur as the response action is implemented;
(4) The Department determines that the site is no longer appropriate for the Private Site Management Program because the conditions set forth in subsection (a) of section 25395.3 of the Health and Safety Code do not exist or because the site is placed on the list created pursuant to section 25356 of the Health and Safety Code; or
(5) An action or decision of the Project Proponent or Private Site Management Team is based on a Material Deviation from information in a Department-approved PEA report, RAW, RAP, or remedial design.
(b) If the Department determines that grounds for withdrawal of approval or termination exist under subsection (a), the Department will withdraw its approval of the Application Package in writing or will terminate the Private Site Management Program Agreement in writing and state the reasons for the withdrawal or termination. If the Department withdraws its approval of the Application Package, the site is no longer appropriate for conducting a response action under the Private Site Management Program.
(c) The Department may withdraw its approval for conducting a response action under subsection (i) of section 69011.
 
  Note: Authority cited: Sections 25351.5 and 25395.15, Health and Safety Code. Reference: Sections 25395.2, 25395.3, 25395.4, 25395.10, 25395.11, 25395.12, 25395.15 and 25396.6, Health and Safety Code. 
  
 



s 69100. Purpose.
The purpose of these regulations is to establish guidelines for a Phase I Environmental Site Assessment (Phase I) conducted prior to acquisition of a school site, or where the school district owns or leases a school site, prior to the construction of a project (hereinafter referred to as "Proposed School Site") under title 1, division 1, part 10.5, chapter 1 of the Education Code (commencing with section 17210). These regulations establish guidelines for completion of a Phase I and a Phase I Addendum. The Phase I Addendum includes procedures for sampling and submission of analysis results for lead in soil from lead-based paint and/or polychlorinated biphenyls in soil from electrical transformers in Phase I Addendum reports to the Department of Toxic Substances Control.
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69101. Applicability.
This chapter applies to the preparation of a Phase I pursuant to section 17213.1 of the Education Code.
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69102. Definitions.
The definitions set forth in this section govern interpretation of this chapter. Unless the context requires otherwise and except as provided in this section, definitions contained in title 1, division 1, part 10.5, chapter 1 of the Education Code (commencing with section 17210) or in division 20, chapter 6.8 of the Health and Safety Code (commencing with section 25300) apply to the terms used in this chapter. If a definition appears in both title 1, division 1, part 10.5, chapter 1 of the Education Code and in division 20, chapter 6.8 of the Health and Safety Code, the definition in the Education Code governs interpretation of this chapter.
(a) "Phase I Addendum" means a report containing results of sampling and analysis, limited to results of lead in soil from lead-based paint and/or polychlorinated biphenyls in soil from electrical transformers, that is submitted to the Department along with or after the submittal of the Phase I.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Phase I" means a Phase I Environmental Site Assessment.
(d) "PCBs" means polychlorinated biphenyls.
(e) "USEPA Test Methods" means "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" as referenced in section 69103, subsection (a)(2).
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69103. References.
 (a) When used in this chapter, the following publications are incorporated by reference:
(1) "American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process," ASTM Standard E-1527, adopted May 10, 2000; available from American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428- 2959, (610) 832-9585; website http://www.astm.org.
(2) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 Third Edition, November 1986, as amended by Updates I (July, 1992), II (September, 1994), IIA (August, 1993), IIB (January, 1995), III (December, 1996), IIIA (April, 1998), IVA (January, 1998) and IVB (November, 2000); available from the Superintendent of Documents, United States Government Printing Office, Washington, DC 20402, (202) 512-1800; website http:// www.epa.gov/SW-846/ main.htm.
(3) "USEPA Contract Laboratory Program National Functional Guidelines for Organic Data Review," EPA 540/R-94/012; February 1994, available from National Technical Information Service (NTIS), United States Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161; (703) 487-4650.
(4) "USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Data Review," EPA 540/R-94/013; February 1994, available from National Technical Information Service (NTIS); United States Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161; (703) 487-4650.
(5) "Guidance on Environmental Data Verification and Data Validation," EPAQA/G-8; Peer Review Draft, June 2001, available from United States Environmental Protection Agency, Quality Staff (2811 R), 1200 Pennsylvania Avenue, NW, Washington, DC 20460; (202) 564-6830; website http:// www.epa.gov/Region10/offices/oea/epaqag8.pdf.
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69104. Preparation of a Phase I.
 (a) A Phase I shall be prepared for the Proposed School Site pursuant to section 17213.1, subdivision (a) of the Education Code. The Phase I may be submitted to the Department for review and approval.
(b) The Phase I shall be conducted in accordance with the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process cited in section 69103, subsection (a)(1).
(c) The Phase I may contain results of sampling as follows: lead in soils from lead-based paint, performed in accordance with the sampling protocols described in section 69105 of these regulations, and/or PCBs in soil from electrical transformers, performed in accordance with the sampling protocol described in section 69106 of these regulations. If a Phase I has already been completed and submitted to the Department, these sampling results may be submitted as a Phase I Addendum.
(d) The Phase I shall include the following:
(1) a site map describing the boundary of the project and the current development on the property,
(2) a description of the intended use of the property that includes whether the school district intends to use all or a portion of the parcel, the type of school proposed, and the disposition of any existing structures, and
(3) past and existing land uses, including but not limited to, easements; adjacent properties; former governmental use; residential, industrial, or commercial uses.
(e) If a Phase I Addendum is submitted more than 180 days subsequent to the date that the Phase I was conducted, or if a Phase I was conducted for the Proposed School Site more than 180 days prior to its submittal to the Department, information to verify current site conditions shall be submitted to the Department. Verification activities include, but are not limited to, the following: (1) a site reconnaissance visit; (2) any changes to site conditions or site boundaries; and (3) updated review of environmental records, as described in the American Society for Testing and Materials (ASTM) Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process cited in section 69103, subsection (a)(1).
(f) The Phase I shall identify and evaluate all sources for the potential release or presence of hazardous material on the Proposed School Site, including, but not limited to, all of the following:
(1) agricultural use,
(2) mines,
(3) surface drainage pathways,
(4) fill material,
(5) debris,
(6) illegal drug manufacturing, and
(7) naturally occurring hazardous materials.
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69105. Sampling for Lead in Soil from Lead-Based Paint.
 (a) The school district may choose to submit sampling data for lead in soil from lead-based paint in one of the following reports: (1) the Phase I; or (2) the Phase I Addendum; or (3) the Preliminary Endangerment Assessment, in accordance with subsections (b) through (g) below.
(b) Based upon review of the Phase I, the Department may determine that lead contamination in soil from lead-based paint is the only potential source of contamination at a Proposed School Site, and may require that sampling data for lead in soil from lead-based paint be submitted in the Phase I Addendum or the Preliminary Endangerment Assessment.
(c) Prior to demolition of buildings or removal of foundations or slabs, or movement of soils on the Proposed School Site, pre-demolition sampling for lead in soil from lead-based paint shall be implemented in accordance with the following protocols:
(1) Sample collection. Surface soil samples (zero to six inches, inclusive) shall be collected from around the perimeter of the structures, adjacent to areas with the highest likelihood of lead deposits (such as under windows, doors, porches, fences and stairs, drainage areas). If concrete or asphalt borders a structure, samples shall be collected from the nearest unpaved areas, including unpaved drainage areas where the run off from the paved areas may collect. The Department may require collection of samples from underneath existing paved areas, based upon the history of the property. The Department shall be consulted to determine the number and location of samples necessary to adequately characterize lead in soil from lead-based paint at the Proposed School Site.
(2) Additional sample collection.If lead from lead-based paint is identified in the soil, the Department may require additional step-out borings on the Proposed School Site to determine the lateral and vertical extent of contamination.
(d) If demolition of buildings has occurred and foundations or slabs are no longer present, post-demolition sampling for lead in soil from lead-based paint shall be implemented in accordance with the following protocols.
(1)Sample collection. The Proposed School Site shall be divided into grids as determined in consultation with the Department, and surface and subsurface soil samples shall be taken from the center of each grid.
(2) Additional sample collection. If lead from lead-based paint is identified in the soil after demolition, the Department may require additional step-out borings on the Proposed School Site to determine the lateral and vertical extent of contamination.
(e) Sample Analysis.Soil samples shall be analyzed for lead using USEPA Test Methods. Alternatively, on-site field analyses for lead in soil may be conducted using field portable X-Ray Fluorescence (XRF) instrumentation.
(f) Laboratory Quality Control. Quality Control (QC) procedures specified in USEPA Test Methods shall be followed. The data shall be qualified in accordance with the National Functional Guidelines cited in section 69103, subsection (a)(4) and USEPA guidance cited in section 69103, subsection (a)(5).
(g) Data Submission. Data identifying concentrations of lead detected in soil samples collected from the Proposed School Site shall be submitted to the Department.
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69106. Sampling for PCBs in Soil from Electrical Transformers.
 (a) The school district may choose to submit data for PCBs in soil from electrical transformers in one of the following reports: (1) the Phase I; or (2) the Phase I Addendum; or (3) the Preliminary Endangerment Assessment, in accordance with subsections (b) through (f) below. Based upon review of the Phase I, the Department may determine that PCB sampling data must be submitted in a Phase I Addendum or a Preliminary Endangerment Assessment.
(b) PCB transformer evaluation. If visual staining of the soil in proximity to a transformer is observed, or if historical information indicates transformers may have contained PCBs, the Department may require collection of soil samples to evaluate the possible contamination.
(c) Sample collection. Soil samples shall be collected in close proximity to the base of each pole or pad-mounted electrical transformer. Soil samples shall be collected at surface (zero to six inches, inclusive) and at a depth of two to three feet below ground surface. If PCBs from electrical transformers are identified in the soil, the Department may require additional step-out borings on the Proposed School Site to determine the lateral and vertical extent of contamination.
(d) Sample analysis. Initially, only surface samples shall be analyzed for PCBs using USEPA Test Methods. If PCBs are detected in surface samples, the samples that were collected at depth shall also be analyzed.
(e) Laboratory Quality Control. QC procedures specified in USEPA Test Methods shall be followed. The data shall be qualified in accordance with the National Functional Guidelines cited in section 69103, subsection (a)(3) and USEPA guidance cited in section 69103, subsection (a)(5).
(f) Data Submission. Data identifying concentrations of PCBs detected in soil samples collected from the Proposed School Site shall be submitted to the Department.
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69107. Phase I Recommendations.
The Phase I shall contain one of the following recommendations:
(a) No action is required for the Proposed School Site. A Phase I or Phase I Addendum that contains data from investigation of lead in soil from lead-based paint or PCBs in soil from electrical transformers may recommend that no further site investigation is required if the Phase I and/or Phase I Addendum demonstrate that lead and/or PCB concentrations in soils do not exceed concentrations determined by the Department on a case-by-case basis to be protective of human health and the environment.
(b) Investigation of lead in soil from lead-based paint and/or PCBs in soil from electrical transformers is recommended but has not yet been completed. Results of this investigation will be submitted to the Department as a Phase I Addendum.
(c) A Preliminary Endangerment Assessment is required, including sampling to determine one or more of the following:
(1) If a release of hazardous material has occurred and, if so, the extent of the release.
(2) If there is the threat of a release of hazardous materials.
(3) If a naturally occurring hazardous material is present.
 
  Note: Authority cited: Section 58012, Health and Safety Code; and Section 17210(g), Education Code. Reference: Sections 17210(g) and 17213.1, Education Code. 
  
 



s 69200. Definitions.
For purposes of this Chapter, definitions in Health and Safety Code section 25570.2 shall apply unless further specified in this section:
(a) "Corrective Action Plan" means a workplan that details the actions to be taken to achieve the required corrective action.
(b) "Department" means the Department of Toxic Substances Control.
(c) "Director" means the Director of the Department of Toxic Substances Control or designee.
(d) "Environmental quality assessment" or "assessment" means a systematic, documented, periodic, and objective review of the operations and practices, used by any commercial or industrial business or individual whose activities are regulated or conducted under Chapter 6.5 (commencing with section 25100), Chapter 6.8 (commencing with section 25300), or Chapter 6.95 (commencing with section 25500) of the Health and Safety Code, to achieve, monitor, maintain, and where feasible exceed, compliance with state environmental, worker health and safety, and public health requirements for the manufacture and use of hazardous substances and the generation and disposal of hazardous wastes. A complete environmental assessment includes a number of different components related to hazardous substance and hazardous waste management and requires the expertise of a variety of assessors. An environmental assessment includes technical or managerial recommendations or actions, of a general or specific nature, in one or more of the following areas:
(1) Recommendations or specific actions for complying with, and where feasible, exceeding legal requirements in areas related to hazardous substance and hazardous waste management, including, but not limited to, air quality, water quality, emergency preparedness and response, hazard communications, and occupational safety and health.
(2) A qualitative review, or where feasible, a quantitative review, of the risks resulting from occupational, public or environmental exposure to hazardous substances.
(3) Recommendations or actions for anticipating and minimizing the risks specified in paragraph (2), including any potential liability, associated with regulated and unregulated hazardous substances, and any suggested management procedures or practices.
(e) "Feasibility Study" means the identification and evaluation of technically feasible and effective remedial action alternatives to protect public health and the environment at a hazardous waste or hazardous substance release site, or other activities deemed necessary by the lead agency for the development of a remedial action plan, corrective action plan, removal action workplan or equivalent. A feasibility study shall include treatability studies as necessary to evaluate potential performance and the cost of treatment and/or remedial work.
(f) "Hazardous Substance or Hazardous Waste Site Cleanup Opinion" means the opinion of a Registered Environmental Assessor (REA) II of the need for further investigation or remedial work at a site.
(g) "Lead Agency" means the Department of Toxic Substances Control, the State Water Quality Control Board, Regional Water Quality Control Boards, Certified Unified Program Agency, as defined in Health and Safety Code section 25281(c)(1), Participating Agency, as defined in Health and Safety Code section 25281(c)(2), Unified Program Agency, as defined in Health and Safety Code section 25281(c)(3), or the local, authorized administering agency, overseeing the assessment or mitigation activities at a site, and pursuant to these regulations.
(h) "Multi-media investigations" means hazardous waste or hazardous substance site assessment and characterization work requiring serious evaluation of pathways of exposure in two or more of the environmental media consisting of air, water and soil.
(i) "Operation and Maintenance" means those activities initiated or continued following completion of a remedial or removal action that are deemed necessary by the lead agency to protect the public health and the environment and achieve or maintain the abatement goals established by the final remedial action plan, corrective action plan, removal action workplan, or equivalent.
(j) "Phase I Environmental Assessment" or "Phase I" means a preliminary site assessment based on reasonably available knowledge of a site, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. Sampling or testing is not required as part of the Phase I survey. The Phase I survey shall be certified by an REA and shall indicate whether the REA believes that further investigation, including sampling and analysis is necessary to determine whether a release has occurred, or to determine the extent of a release.
(k) "Physical Sciences" means any of the sciences, such as physics and chemistry, that analyze the nature and properties of energy and non-living matter.
(l) "Preliminary Endangerment Assessment" means an activity which is performed to determine whether current or past waste management practices have resulted in the release or threatened release of hazardous substances which pose a threat to human health or the environment. A Preliminary Endangerment Assessment shall include a review of the Phase I Environmental Assessment, sampling, data evaluation, public participation (as required by section 69211(a)(2), human health screening, ecological screening and a report of the findings of the assessment.
(m) "Professional-level environmental experience" means all of an REA II's professional experience that is determined by the Department to be experience applying scientific or engineering principles in a physical or biological science, engineering or related field. This experience includes instances where the REA II's conclusions formed the basis for reports, studies and other similar documents. Professional-level environmental experience shall be in positions in which scientifically supportable technical decision-making, as well as professional responsibility and integrity are demonstrated with minimal supervision.
(n) "Professional-level site mitigation experience" means supervisory or project management related experience obtained through managing or supervising scientific or engineering staff who are conducting multimedia investigations, assessments, and cleanup work at hazardous substance and hazardous waste sites. Such experience shall be of a professional-level and indicative of an REA II's competence to conduct investigations, assessments, and remedial work and/or to render opinions regarding investigations, assessments, and remedial work at response action sites. Professional-level site mitigation experience shall be in positions in which the applicant evaluated and selected scientific or technical methodologies for conducting assessments, containments, or removals at sites; supervised or coordinated other professionals in the conduct of scientific and technical tasks necessary to complete assessments, containments, or removals; and drew scientifically supportable technical conclusions, made recommendations, and issued opinions based on the results of assessments, containments, or removals.
(o) "REA I Applicant" means any person applying for registration or renewal of registration as a California Registered Environmental Assessor - Class I (REA I).
(p) "REA II Applicant" means any person applying for registration or renewal of registration as a California Registered Environmental Assessor - Class II (REA II).
(q) "Registered Environmental Assessor - Class I (REA I) means an individual registered by the State of California pursuant to California Code of Regulations, title 22, sections 69200 through 69202, who, through academic training, occupational experience, and reputation, is qualified to objectively conduct one or more aspects of an environmental assessment. REA Is may include, but shall not be limited to, specialists trained as analytical chemists, professional engineers, epidemiologists, geologists, hydrologists, attorneys with expertise in hazardous substance law, physicians, industrial hygienists, toxicologists, and environmental program managers. The work of an REA I includes, but is not limited to, Phase I assessments and waste reduction plans and reports prepared pursuant to the Hazardous Waste Source Reduction and Management Review Act of 1989, commencing with section 25244.12 of the Health and Safety Code.
(r) "Registered Environmental Assessor - Class II (REA II)" means an individual registered by the State of California pursuant to California Code of Regulations, title 22, sections 69203 through 69214. An REA II issues hazardous substance and hazardous waste site cleanup opinions which describe whether contamination is present at a site, the work needed to reduce the risk from that contamination and whether that work has been completed. These opinions are based upon careful study of a site, including, but not limited to, preliminary endangerment assessments, remedial investigations, feasibility studies, remedial design, remedial actions, corrective action plans, remedial action plans and other work associated with the investigation, assessment and remediation of hazardous waste and hazardous substance release sites.
(s) "Registrant" means any person registered as an REA I or REA II.
(t) "Remedial Action" means those actions which are:
(1) consistent with a permanent remedy, that are taken instead of, or in addition to, removal actions in the event of a release or threatened release of a hazardous waste or hazardous substance into the environment;
(2) necessary to monitor, assess, and evaluate a release or a threatened release of a hazardous substance or hazardous waste; and
(3) Site operation and maintenance.
(u) "Remedial Action Plan" means a workplan which shall include the following:
(1) Health and safety risks posed by the conditions at the site. When considering these risks, the lead agency shall consider scientific data and reports which may have a relationship to the site,
(2) The effect of contamination or pollution levels upon the present, future, and probable beneficial uses of contaminated, polluted or threatened resources.
(3) The effect of alternative remedial action measures on the reasonable availability of groundwater resources for present, future, and probable beneficial uses.
(4) Site specific characteristics, including the potential for offsite migration of hazardous substances, the surface or subsurface soil, and the hydrogeologic conditions, as well as preexisting background contamination levels.
(5) Cost effectiveness of alternative remedial action measures.
(6) The potential environmental impacts of alternative remedial action measures including the reduction of toxicity, mobility and volume.
(7) A statement of reasons setting forth the basis for the removal or remedial actions selected, including an evaluation of each proposed alternative, and reasons for the rejection of alternative remedial or removal actions.
(v) "Remedial Design" means the detailed engineering plan to implement the remedial action alternative or initial remedial measure approved by the lead agency.
(w) "Remedial Investigation" means those actions deemed necessary by the lead agency to characterize the nature, full extent and risks posed by a hazardous substance and/or hazardous waste release at a site, identify the public health and environment threat posed by the release, collect data on possible remedies, and otherwise evaluate the site for purposes of developing a remedial action plan, corrective action plan, removal action workplan or equivalent. Characterization of the nature, full extent and risks shall include:
(1) Gathering information sufficient to support an informed risk management decision regarding which remedy appears to be most appropriate for a given site; and
(2) Data gathering shall be adequate to characterize site conditions, determine the nature and extent of wastes, determine whether there has been a groundwater discharge or a threat to surface or groundwater, assess exposure pathways and risks to public health and the environment.
(3) The risk characterization and assessment shall be performed in a manner consistent with scientifically acceptable risk assessment practices and shall take into consideration guidance published by the Department.
(x) "Removal Action" means the cleanup or removal of released hazardous substances from the environment or the taking of other actions as may be necessary to prevent, minimize, or mitigate damage which may otherwise result from a release or threatened release of hazardous substances or hazardous wastes.
(y) "Removal Action Workplan" means a workplan which is developed to carry out a removal action, in an effective manner, which is protective of the public health and safety and the environment. The removal action workplan shall include a detailed engineering plan for conducting the removal action, a description of the onsite contamination, the goals to be achieved by the removal action, and any alternative removal options that were considered and rejected and the basis for that rejection.
(z) "Rescind" or "rescission" means to suspend or revoke an REA registration.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69201. REA I Critiera for Registration.
The applicant for registration as an REA I shall:
(a) Demonstrate a minimum of five (5) years full time experience in the REA I applicant's general field of expertise, acquired within the last eight (8) years.
(b) Demonstrate a minimum of two (2) years substantial experience in performing environmental assessments relating to hazardous substances and hazardous wastes acquired within the last four (4) years.
(c) Possess a bachelor's or higher degree from an accredited college or university in a physical or biological science, engineering or law. State certification, licensing or registration, or certification by a nationally recognized professional association in a physical or biological science, engineering or law shall be considered equivalent to such training. Five (5) years substantial experience performing environmental assessments relating to hazardous wastes or hazardous substances acquired within the last eight (8) years shall also be considered equivalent to such training.
(d) Provide the names, addresses, telephone numbers and professional affiliations of three or more references who as employers, supervisors, co-workers at equal or higher level or clients can attest to the accuracy of the evidence provided by the applicant, to the applicant's professional competence and character, or both.
(e) Apply using a form provided by the Director entitled "Registered Environmental Assessor (REA I) Application Form."
(f) An REA I applying for REA II registration shall also follow the application procedures in sections 69204 through 69205.
(g) Forward a $50 (fifty dollar) non-refundable application fee by check, credit card, or money order made payable to the Department of Toxic Substances Control, Registered Environmental Assessor Program, or DTSC/REA I Program, along with the application.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69202. REA I Application, Renewal, and Denial or Rescission of Registration.
 (a) The Director shall compile and update a directory of REA Is, based on the application information, and other relevant information brought to the Director's attention.
(b) Upon notice of acceptance, and annually thereafter, the REA I applicant shall forward the sum of $100 (one hundred dollars) by check, credit card, or money order made payable to the DTSC/REA I Program. When submitting the annual renewal fee, REA Is may also update the application information they previously submitted.
(c) Each REA I shall apply for renewal of registration every five (5) years following the date of initial registration by completing a renewal application form provided by the Director and paying the application renewal fee of $50.00 (fifty dollars).
(d) For cause, the Director may revoke or suspend the registration of any REA I and delete that assessor's name from the directory.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69203. REA II Criteria for Registration.
 (a) If an REA II applicant is not already registered as an REA I, then the REA II application will be considered an application for both an REA I and an REA II.
(b) Minimum Educational Requirements
(1) REA II applicants for registration shall have graduated from an accredited college or university and possess a bachelor of science degree, in a physical or biological science, engineering or a related field.
(2) The Department shall consider a United States (U.S.) college or university to be an accredited college or university when it is accredited by Middle States Association of Colleges and Schools, New England Association of Schools and Colleges, North Central Association of Colleges and Schools, Southern Association of Colleges and Schools, or Western Association of Schools and Colleges. A college or university which is located outside of the U.S. shall be considered an accredited college or university on the basis of its accreditation status in the education system which has jurisdiction. REA II applicants with a foreign degree may be required to submit a report by a member of the National Association of Credential Evaluation Services, Inc., or other qualified credential evaluation service.
(c) Minimum Experience Requirements.
(1) Each REA II applicant shall possess a minimum of eight (8) years of professional-level environmental experience, acquired within the last ten (10) years, of which four (4) years shall be professional-level site mitigation experience acquired in the last six (6) years. Professional-level environmental experience and professional-level site mitigation experience performed for less than an average minimum of thirty (30) hours per week will be applied toward the satisfaction of these requirements on a pro rata basis.
(d) Professional-Level Environmental Experience
(1) Professional-level environmental experience shall be determined by the REA II applicant's professional experience in positions in which the REA II applicant demonstrated scientifically supportable technical decision-making, as well as professional responsibility and integrity with minimal supervision.
(e) Professional-Level Site Mitigation Experience
(1) Professional-level site mitigation experience shall be determined by the REA II applicant's professional experience in positions in which:
(A) More than 50% of the REA II applicant's professional-level site mitigation position included assessment, containment, or removal action responsibilities;
(B) An REA II applicant evaluated and selected scientific or technical methodologies for conducting assessments, containments, or removals at sites;
(C) An REA II applicant supervised or coordinated other professionals in the conduct of scientific and technical tasks necessary to complete assessments, containments, removals; and,
(D) An REA II applicant drew scientifically supportable technical conclusions, made recommendations, and issued opinions based on the results of assessments, containments, or removals.
(2) Professional-level site mitigation experience shall be determined in part by at least four references, named by the REA II applicant, with professional-level site mitigation experience. At least one reference shall be from a qualified representative of a lead agency with regulatory authority over the cleanup work at a hazardous substance or hazardous waste release site at which the REA II applicant acted as project manager. None of the references shall be related to the REA II applicant by birth or marriage.
(3) Professional-level site mitigation experience shall be gained through exercising a broad range of responsibilities with assessments, containments, or removals, and may not be gained through exercising a narrow spectrum of responsibilities for parts and/or components of  assessments, containments, or removals. Professional-level site mitigation experience may consist of work which includes the contributions of others in reaching decisions on waste site cleanup activities; however, REA II applicants must demonstrate to the Department that they have been an active participant and a principal decision maker, including but not limited to a team leader, project leader or principal scientist.
(f) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, or national origin of the individual.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69204. REA II Application for Registration.
 (a) An REA II applicant shall complete the Application Form titled  "Application for Registration, Registered Environmental Assessor II, August 1998 (Form REA 3, revised 9/98 or electronic Form REA 4, revised 9/98), hereby incorporated by reference, and file the form, together with the REA II application fee, with the Department.
(b) Incomplete REA II applications, and applications that are not legible, not typed or printed, not completed according to the instructions, or not accompanied by the requisite fee and references, may be rejected by the Department if the REA II applicant fails to correct identified deficiencies within 30 days of notification of the deficiency. The Department may require the REA II applicant, at any time during the review period, to submit references and information related to the REA II applicant's employment history, education, experience, and any other information necessary to clarify an REA II application.
(c) If requested, the REA II applicant shall submit copies of transcripts from the appropriate educational institution or other documentation issued by educational institutions from which the REA II applicant earned the degree to demonstrate the minimum education requirement for registration. If an REA II applicant is requested to provide official transcripts for a degree, the REA II application will not be considered complete and will not be reviewed until official transcripts of the degree have been received by the Department.
(d) The Department shall consider each REA II application and the REA II applicant's eligibility for registration. The Department shall review each REA II application and supporting evidence to determine the completeness of the REA II application. Within 30 days of receipt, the Department shall inform the REA II applicant, in writing, that the REA II application is complete and accepted for review, or that the REA II application is deficient and what additional information is necessary.
(e) All fees required by provisions of Health and Safety Code section 25570.3(e)(2) as implemented by the Department shall be transmitted by money order, bank draft, credit card, or check, payable to: "DTSC/REA II."
(1) The following are the fees: $125 nonrefundable application fee $275 annual fee
Total initial REA II application and annual fees are $400.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69205. DTSC's Review of Application.
Within 60 days of the Department's determination that an REA II's application is complete under section 69204, the Department shall determine if the REA II applicant meets the minimum criteria in section 69203 and is eligible for registration.
(a) The Department shall review the application for registration of an REA II for current REA I registration. If the applicant for REA II is not registered as an REA I, he or she shall become registered as an REA I pursuant to section 69201.
(b) The Department shall review REA II applications meeting the requirements of section 69204, to determine if the applicant's experience and education qualify the applicant to perform the tasks required of an REA II. In order to make this determination, the Department shall consider all relevant information pertaining to the REA II applicant's education and experience as required by Health and Safety Code section 25570.3(c), including, but not limited to, information concerning:
(1) The knowledge, skill, and expertise of the REA II applicant;
(2) The duration of the REA II applicant's relevant employment;
(3) The previous performance of the REA II applicant with regard to various investigative methods used, including but not limited to, whether such experience includes work at sites where subsurface investigations have occurred;
(4) The previous performance of the REA II applicant with regard to the various types of remedial systems designed and monitored;
(5) The performance of the REA II applicant with regard to risk and exposure assessments;
(6) The number of individuals and disciplines of other professionals supervised or coordinated by the REA II applicant;
(7) The scientific defensibility of conclusions reached and recommendations and opinions presented by the REA II applicant; and
(8) The degree to which the REA II applicant relied upon other environmental consultants and the degree to which the REA II applicant's decision-making responsibilities were differentiated from others.
(c) Within 120 days of determining that an REA II application is complete under section 69204, the Department shall notify the REA II applicant, in writing, if registration is approved or denied.
(d) The determinations in sections 69203 and 69205 are made by reviewing evidence, including but not limited to references, reports prepared by the REA II applicant, time sheets, affidavits, comments, the REA II Application Form titled "Application for Registration, Registered Environmental Assessor II, August 1998 (Form REA 3, revised 9/98 or electronic Form REA 4, revised 9/98), hereby incorporated by reference, and other sources the Director deems appropriate.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69206. REA II Denial of Registration.
 (a) The Department may deny the registration of an REA II applicant for the following reasons:
(1) Failure to meet the minimum criteria in sections 69203 or 69204.
(2) Any of the grounds listed in Health and Safety Code section 25570.3  (l)(1) through (8).
(3) Knowingly making any materially false or inaccurate statement in any application, record, or report.
(b) Conviction of a felony or misdemeanor involving an act of moral turpitude, as used in Health and Safety Code section 25570.3(l)(7) includes, but is not limited to, fraud, bribery, the falsification of records, perjury, forgery, conspiracy, profiteering or money laundering.
(c) Conviction of a felony or misdemeanor as used in Health and Safety Code sections 25570.3(l)(6) and (7) means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
(d) An REA II applicant who is denied registration as an REA II may appeal to the Department for re-evaluation of their REA II application pursuant to section 69209. An appeal shall be filed within sixty (60) days after the date of the denial notice.
(e) The Director has final authority with respect to the denial of the registration of an REA II applicant.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69207. REA II Renewal of Registration.
 (a) Registration shall be renewed within five (5) years of the anniversary date of the initial registration or renewed registration.
(b) The Department may deny a renewal for any of the following:
(1) The Registrant fails to demonstrate that his or her experience during the prior five (5) years did not consist of more than 50% of professional-level site mitigation or professional-level environmental experience.
(2) The Director determines, pursuant to Health and Safety Code section 25570.3 (i), that factual complaints regarding the work of the REA II warrant denying renewal; or
(3) Any of the grounds listed in section 69206.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69208. REA II Rescission of Registration.
 (a) The Director may rescind, temporarily or permanently, the registration of an REA II, or take other disciplinary action for any of the following reasons:
(1) The grounds specified in Health and Safety Code section 25570.3(l); or
(2) any of the grounds for denial of registration specified in sections 69206(a) or 69211.
(3) The REA II knowingly makes any materially false or inaccurate statement in any record, report, plan, file, log, or register that the REA II keeps, or is required to keep, pursuant to any law.
(4) The REA II knowingly and materially falsifies, tampers with, alters, destroys, or disturbs any mechanism, recovery, or control system, or any monitoring device or method that the REA II maintains, or that is required to be maintained pursuant to any law, regulation, or order for the protection of the public health and safety or the environment.
(5) The REA II knowingly makes any materially false or inaccurate statement in any application, record, report, certification, plan, design, or statement signed by the REA II.
(6) The REA II knowingly allows or orders others to do any of the actions specified in paragraphs (3) to (5).
(7) The REA II knowingly, or with reckless disregard for the risk, treats, handles, transports, disposes of, or stores any hazardous substance in a manner that causes any unreasonable risk of fire, explosion, serious injury, or death.
(8) The REA II knowingly, while performing the work of an REA, places another person in imminent danger of death or serious bodily injury.
(9) The REA II makes a false statement of fact required to be revealed in the application for registration.
(10) The REA II accepts, or agrees to accept, any payment that is in any way contingent upon the completion of a response action.
(11) The REA II accepts or agrees to accept any payment that is in any way contingent upon a specified finding, opinion or result of the services rendered.
(12) The REA II fails to comply with Health and Safety Code sections 25570.3 through 25570.4; and California Code of Regulations, title 22, sections 69200 through 69214.
(13) The REA II lends his or her registration to any other person or knowingly permits the use by another person.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69209. REA II Appeal Procedures.
 (a) The following procedures shall govern the appeal of decisions made under sections 69206, 69207, and 69208.
(1) An appeal shall be filed within sixty (60) days after the date of the rescission or denial notice.
(2) An appeal shall be made in writing and shall state the reason therefore. An appeal shall be supported by additional evidence, more references, affidavits, and supplemental information.
(3) The Director may reject an appeal which is not filed within the time period provided in subsection (a)(1).
(4) The Director shall notify, in writing and within 120 days of receipt of the appeal, each REA II applicant or registrant who appeals under this section of the Director's decision to either:
(A) Affirm the prior administrative decision and the reasons for the decision, or
(B) Reverse the prior administrative decision.
(5) If the Director affirms the prior administrative decision, the Director shall notify the REA II applicant or registrant of his or her right to a hearing under the Administrative Procedure Act (Government Code sections 11500 through 11530). A hearing shall be scheduled if the REA II applicant or registrant makes a written request for a hearing within 60 days after service of the notice of denial.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69210. REA II Audits.
 (a) The Department may perform periodic audits of work performed and certified by an REA II in order to ensure the work of the REA II meets the desired standard of performance specified in Health and Safety Code section 25570.3(l).
(b) The Department may perform periodic audits of work performed outside the Private Site Management Act (Health and Safety Code, Division 20, Chapter 6.8, Article 9), commencing with section 25395.1) and certified by an REA II to ensure the work of the REA II meets the desired standard of performance specified in Health and Safety Code section 25570.3(k) and described in section 69211.
(c) Deficiencies found during an audit, not severe enough to fall below the desired standard of performance shall be reported to the REA II and the lead agency.
(d) If, as the result of an audit, the Department finds that the work of an REA II is not in compliance with the provisions of sections 69208 and 69211, the registration of the REA II may be rescinded.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69211. Performance Standards.
 (a) When conducting audits pursuant to section 69210 and when determining whether an REA II meets the desired standard of performance, the Department will consider the following:
(1) Gross Negligence
Gross negligence means the REA II's failure to comply with the following:
(A) In conducting a Preliminary Endangerment Assessment, as defined in section 69200(l) or a Phase I assessment as defined in section 69200(j), the REA II shall establish and document whether a release or threatened release of hazardous substances and hazardous wastes has occurred and whether that release or threatened release poses a threat to public health or the environment.
(B) The Preliminary Endangerment Assessment shall include a community survey of residents, businesses, local officials and property owners surrounding the site to determine if there is significant community interest or controversy concerning the site. The REA II may use or employ an alternative mechanism to make this determination if it is approved by the lead agency.
(C) While conducting a Remedial Investigation as defined in section 69200(w) and a Feasibility Study as defined in section 69200(d) the REA II shall efficiently and effectively characterize the nature and extent of risks posed by hazardous substances and hazardous wastes and evaluate remedial options. Characterization of the nature and extent of risks shall include:
1. The gathering of information sufficient to support an informed risk management decision regarding which remedy appears to be most appropriate for a given site; and,
2. Data gathering that is adequate to characterize site conditions, determine the nature and extent of wastes, determine whether there has been a groundwater discharge or a threat to surface or groundwater, assess exposure pathways and risks to public health and the environment, conduct treatability studies as necessary and evaluate potential performance and evaluate the cost of treatment and/or remedial work.
3. The risk characterization and assessment shall be performed in a manner consistent with scientifically acceptable risk assessment practices, and shall take into consideration guidance published by the Department.
(D) In conducting a Remedial Design as defined in section 69200(v), a Remedial Action as defined in section 69200(t), and/or a Removal Action as defined in section 69200(x), the REA II shall detail the steps to be taken to meet the remedial objectives outlined in the Remedial Action Plan as defined in section 69200(u), Corrective Action Plan as defined in section 69200(a), Removal Action Workplan as defined in section 69200(y) or equivalent plan required by a Lead Agency.
(E) When conducting remedial work that results in ongoing operations and maintenance as defined in section 69200(i), the REA II shall prepare an operations and maintenance (O&M) plan which includes the O&M schedule, cost estimate, and provides for periodic value engineering and review.
(2) Inexcusable Neglect of Duty
(A) An inexcusable neglect of duty means the failure of the REA II to comply with the following:
1. Hold paramount the public health, safety and welfare, comply with all applicable laws and regulations and;
a. Apply the knowledge and skill referenced in sections 69203 and 60205, and required of an REA II practicing in California;
b. Act in a manner that protects the health and safety of the public, the health and safety of workers, and the environment;
c. Provide proof of insurance to each client, prior to beginning work for that client.
2. Exercise independent professional judgment and objectivity in any professional statement, testimony or report issued by the REA II.
3. Make a good faith and reasonable effort to identify and obtain relevant material, data, reports and other information, regarding conditions at the site upon which an REA II shall render a cleanup opinion. The Remedial Action Plan as defined in section 69200(u), Removal Action Workplan as defined in section 69200(y) or Corrective Action Plan as defined in section 69200(a), prepared by the REA II shall describe the efforts of the REA II to obtain relevant material, data, reports, and other information.
4. Evaluate and select sound scientific or technical methodologies for conducting investigations, assessments, and remedial work at hazardous substance and hazardous waste sites;
5. Develop sound technical conclusions, well-founded and documented recommendations and competent opinions based upon the results of multi-media investigations and assessments;
6. Have an understanding of relevant and applicable laws, regulations and guidance related to the investigation, assessment and remediation of hazardous substances and hazardous wastes; and
7. Render a hazardous substance or hazardous waste site cleanup opinion only when the REA II possesses the necessary education, training, and experience to render such an opinion, and the REA II has:
a. Managed, supervised or actually performed the work which is required to render a hazardous substance or hazardous waste site cleanup opinion; and,
b. Relied on personal professional experience, expertise, education or training; or,
c. Relied, in part, upon the advice of one or more professionals whom the REA II determines are qualified and possess the necessary education, training, expertise and experience in other areas, outside the registered professional's area of professional practice.
8. In rendering a hazardous substance or hazardous waste site cleanup opinion, the REA II shall disclose and explain the relevant facts, data, and other information which support the opinion. The opinion shall include all qualifications and limitations of the opinion.
9. If an REA II identifies an imminent hazard or a condition of imminent or substantial endangerment at a property at which the REA II is providing professional services, the REA II shall:
a. Immediately notify the client, and when necessary, an agency with authority to respond to an emergency, of the imminent hazard or the imminent and substantial endangerment, and of the need to notify the lead agency.
b. As soon as possible, but within 24 hours, the REA II shall orally notify the lead agency. Written confirmation of such notice shall be submitted electronically, by personal delivery or mail within 72 hours.
10. An REA II shall notify the client and lead agency, within 10 calendar days of learning of material facts, data or other information, which existed at the time a previous opinion was rendered by the assessor or a predecessor assessor, that:
a. Supports a hazardous waste site cleanup opinion contrary to his or her previously rendered opinion, or;
b. Supports a hazardous waste site cleanup opinion contrary to a previous opinion by a predecessor REA II.
(3) Intentional misrepresentation of laboratory data or other intentional fraud.
(4) Charging for services not rendered, or for performing services that are not reasonably necessary.
(5) Abandonment of any client, except for instances involving the nonpayment of fees for services rendered.
(6) Conviction of a felony or misdemeanor involving the regulation of hazardous wastes, hazardous substances, or hazardous materials, including, but not limited to, a conviction of a felony or misdemeanor under section 25395.13.
(7) Conviction of a felony or misdemeanor involving moral turpitude.
(8) Knowingly making a false statement regarding a material fact or knowingly failing to disclose a material fact in connection with an application for registration.
(b) Upon request or referral by the Department, by any lead agency, or by any person, the Department shall investigate complaints regarding the REA II's failure to meet applicable performance standards. The Department may conduct or arrange for the conduct of a preliminary investigation to determine the truth and validity of the allegations set forth in a complaint.
(c) To facilitate disposition of a complaint, (at any time prior to the commencement of an adjudicatory proceeding), the Department may request the person filing the complaint, the REA II who is the subject of the complaint, or any other person to attend an informal conference to discuss the complaint, and any associated technical data, report, records, environmental samples, photographs, maps and files.
(d) An REA II shall provide the Director's authorized representative with complete access at any reasonable hour of the day to all requested information including, but not limited to, technical data, reports, records, environmental samples, photographs, maps, and files used in the preparation of certified reports, contracts, invoices, payment schedules and accounting records, with the exception of proprietary or other confidential information related to implementation and compliance with the requirements of the REA II Program.
(e) An REA II shall not submit a report or render a hazardous substance or hazardous waste site cleanup opinion in a report which does not include the signature and registration number of the REA II. If other registered professionals perform engineering, geologic or other professional services which are included in, or form the basis of the report or opinion, the signature and registration number of each shall be included in the report or opinion.
(f) All engineering or geologic work shall be performed by a registered professional in compliance with the requirements of the Professional Engineers Act, Business and Professions Code sections 6700-6799 and the Geologist and Geophysicist Act, Business and Professions Code sections 7800-7887.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69212. State Licensing Match System.
 (a) The Department shall take action regarding the registration of any Registered Environmental Assessor when appropriate pursuant to the Welfare and Institutions Code, section 11350.6. Such action may include, but is not limited to, the issuance of a temporary registration, rescission of a registration, denial of an REA application for renewal, or any other action authorized or required pursuant to section 11350.6 of the Welfare and Institutions Code.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code; section 11350.6, Welfare and Institutions Code. Reference: Sections 25570-25570.4, Health and Safety Code. 
  
 



s 69213. Limitations on Registration for Aliens.
 (a) All eligibility requirements contained herein shall be applied without regard to the race, creed, color, gender, religion, or national origin of the individual applying for the public benefit.
(b) Pursuant to section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193 (PRWORA), (8 U.S.C. s 1621), and notwithstanding any other provision of this division, aliens who are not qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act (INA)(8 U.S.C. s 1101 et seq.), or aliens paroled into the United States under section 212 (d)(5) of the INA (8 U.S.C. s 1182 (d)(5)) for less than one year, are not eligible for registration as an REA II as set forth in section 25570.2 of the Health and Safety Code, except as provided in 8 U.S.C. s 1621(c)(2).
(c) A qualified alien is an alien who, at the time he or she applies for, receives, or attempts to receive an REA II registration, is, under section 431(b) and (c) of the PRWORA (8 U.S.C. s 1641(b) and (c)), any of the following:
(1) An alien who is lawfully admitted for permanent residence under the INA  (8 U.S.C. s 1101 et seq.).
(2) An alien who is granted asylum under section 208 of the INA (8 U.S.C. s 1158).
(3) A refugee who is admitted to the United States under section 207 of the INA (8 U.S.C. s 1157).
(4) An alien who is paroled into the United States under section 212(d)(5) of the INA (8 U.S.C. s 1182 (d)(5)) for a period of at least one year.
(5) An alien whose deportation is being withheld under section 243 (h) of the INA (8 U.S.C. s 1253(h))(as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of such Act (8 U.S.C. s 1251(b)(3)) as amended by section 305 (a) of division C of Public Law 104-208.
(6) An alien who is granted conditional entry pursuant to section 203 (a)(7) of the INA as in effect prior to April 1, 1980, (8 U.S.C. s 1153(a)(7)) (See editorial note under 8 U.S.C. s 1101, "Effective Date of 1980 Amendment.")
(7) An alien who is a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C. s 1522 note)).
(8) An alien who meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the Department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons.
5. The benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed or clothe children or to put children into a day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser.
(C) The alien has a petition that has been approved or has a petition pending which sets forth a prima facie case for:
1. status as a spouse or child of a United States citizen pursuant to clause  (ii), (iii), or (iv) of section 204 (a)(1)(A) of the INA (8 U.S.C.s 1154 (a)(1)(A)(ii), (iii) or (iv)),
2. classification pursuant to clause (ii) or (iii) of section 204 (a)(1)(B) of the INA (8 U.S.C. s 1154 (a)(1)(B)(ii) or (iii)),
3. suspension of deportation and adjustment of status pursuant to section 244(a)(3) of the INA (8 U.S.C. s 1254, as in effect prior to April 1, 1997 [Pub.L. 104-208, sec. 501 (effective September 30, 1996 pursuant to sec. 591); Pub.L. 104-208, sec 304 (effective April 1, 1997, pursuant to sec. 309); Pub.L. 105-33, sec. 5581 (effective pursuant to sec 5582)] (incorrectly codified as "Cancellation of removal under section 240A of such Act [8 U.S.C. s 1229 b] (as in effect prior to April 1, 1997)."
4. status as a spouse or child of a United States citizen pursuant to clause  (i) of section 204 (a)(1)(A) of the INA (8 U.S.C. s 1154 (a)(1)(A)(i)) or classification pursuant to clause (i) of section 204(a)(1)(B) of the INA (8 U.S.C. s 1154 (a)(1)(B)(i)), or
5. cancellation of removal pursuant to section 240A (b)(2) of the INA (8 U.S.C. s 1229b (b)(2)).
(D) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(9) An alien who meets all of the conditions of subparagraphs (A), (B), (C),  (D), and (E) below:
(A) The alien has a child who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) The alien did not actively participate in such battery or cruelty.
(C) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the Department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien's child to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien's child's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from the legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons.
5. The benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser.
(D) The alien meets the requirements of subsection (c)(8)(C) above.
(E) For the period for which benefits are sought, the individual responsible for the battery or cruelty does not reside in the same household or family eligibility unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the conditions of subparagraphs (A), (B), and (C) below:
(A) The alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the benefits to be provided in the opinion of the Department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from the legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons.
5. The benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty.
6. The benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser).
7. The benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser.
8. The benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children.
9. Where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser.
(C) The alien child meets the requirements of subsection (c)(8)(C) above.
(d) For purposes of this section, "nonimmigrant" is defined the same as in section 101 (a)(15) of the INA (8 U.S.C. s 1101(a)(15)).
(e) For purposes of establishing eligibility for the REA II registration,  Health and Safety Code section 25570 et seq., all of the following must be met:
(1) The applicant must declare himself or herself to be a citizen of the United States, a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for less than one year under section 212(d)(5) of the INA (8 U.S.C. s 1182 (d)(5)). The applicant shall declare that status through use of the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits," (Form REA 5, Revised 9/98 or electronic Form REA 6, Revised 9/98) which is incorporated by reference.
(2) The applicant must present documents of a type acceptable to the Immigration and Naturalization Services (INS) which serve as reasonable evidence of the applicant's declared status.
(3) The applicant must complete and sign Form REA 5 or electronic Form REA 6.
(4) Where authorized by the INS, the documentation presented by an alien as reasonable evidence of the alien's declared immigration status must be submitted to the INS for verification through the Systematic Alien Verification for Entitlements (SAVE) system procedures as follows:
(A) Unless the primary SAVE system is unavailable for use, the primary SAVE system verification must be used to access the biographical/ immigration status computer record contained in the Alien Status Verification Index maintained by the INS. Subject to subparagraph (B), this procedure must be used to verify the status of all aliens who claim to be qualified aliens and who present an INS-issued document that contains an alien registration or alien admission number.
(B) In any of the following cases, the secondary SAVE system verification procedure must be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien paroled into the United States under section 212 (d)(5) of the INA (8 U.S.C. s 1182 (d)(5)) for less than one year:
1. The primary SAVE system is unavailable for verification.
2. A primary check of the Alien Status Verification Index instructs the Department to "institute secondary verification."
3. The document presented indicates immigration status but does not include an alien registration or alien admission number.
4. The Alien Status Verification Index record includes the alien registration or admission number on the document presented by the alien but does not match other information contained in the document.
5. The document is suspected to be counterfeit or to have been altered.
6. The document includes an alien registration number on the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.
7. The document is a fee receipt from INS for replacement of a lost, stolen, or unreadable INS document.
8. The document is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that INS issued more than one year before the date of application for the REA II registration.
(5) Where verification through the SAVE system is not available, if the documents presented do not on their face reasonably appear to be genuine or to relate to the individual presenting them, the government entity that originally issued the document should be contacted for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The Department should request verification by the INS by filing INS Form G-845 with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his or her original documents, or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant should be referred to the local INS office to obtain documentation.
(6) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien, a nonimmigrant, or an alien paroled for less than one year under section 212(d)(5) of the INA, the INS verification should be accepted. If the INS advises that it cannot verify that the applicant has citizenship status or an immigration status that makes him or her a qualified alien, a nonimmigrant, or an alien paroled for less than one year under section 212(d)(5) of the INA, benefits should be denied and the applicant notified pursuant to the REA II appeal procedures (Cal. Code Regs., tit. 22 s 69209), of his or her rights to appeal the denial of benefits.
(7) Provided that the alien has completed and signed Form REA 5, revised 9/98 or electronic form REA 6, revised 9/98, under penalty of perjury, eligibility for REA registration shall not be delayed, denied, reduced or terminated while the status of the alien is verified.
(f) Pursuant to section 432 (d) of the PRWORA (8 U.S.C. s 1642 (d)), a nonprofit charitable organization that provides federal, state, or local public benefits shall not be required to determine, verify, or otherwise require proof of eligibility of any applicant or beneficiary with respect to his or her immigration status or alienage.
(g) Nothing in this section shall be construed to withdraw eligibility for those programs described under section 411 (b) of the PRWORA, (8 U.S.C. s 1621 (b)).
(h) Pursuant to section 434 of the PRWORA (8 U.S.C. s 1644), where the Department reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien shall be reported to the Immigration and Naturalization Service.
(i) Any applicant who is determined to be ineligible for the REA II registration, whose services are terminated, suspended, or reduced pursuant to subsections (b), and (e), is entitled to a hearing, pursuant to section 69209.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code; 8 U.S.C. Sections 1621, 1641 and 1642. 
  
 
 



s 69214. Sunset Review.
 (a) The Director in consultation with the Secretary for Environmental Protection, shall conduct a sunset review, within five years of the effective date of the regulations in sections 69200 through 69213, to determine whether the regulations should be retained, revised, or repealed.
 
  Note: Authority cited: Sections 25570.3 and 58004.5, Health and Safety Code. Reference: Sections 25570-25570.4, Health and Safety Code.