Loading (50 kb)...'
(continued)
(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: (continued)