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(continued)
"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. (continued)