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(continued)
w Samples must be collected at least once very 8 hours, and a daily composite prepared according to SW-846 procedures.
- At least one composite sample is required. This sample is referred to as the "required" sample.
- For QA/QC purposes, a facility may elect to collect two or more additional samples. These samples are referred to as the "spare" samples. These additional samples must be collected over the same time period and according to the same procedures as those used for the "required" sample.
- Samples for "critical" metals must be daily composites.
- Samples for "noncritical" metals must be weekly composites, at a minimum. These samples can be composites of the original 8-hour samples, or they can be composites of daily composite samples.
w Analyze the "required" sample to determine the concentration of each metal.
- This analysis must be completed within 48 hours of the close of the sampling period. Failure to meet this schedule is a violation.
w If the "conservative" kiln dust metal concentration limit is exceeded for any metal, refer to Step 8.
w If the "conservative" kiln dust metal concentration limit is not exceeded, continue with the daily and/or weekly monitoring (Step 5) for the duration of interim status.
(6) This step does not apply to precompliance procedures.
(7) This step does not apply to precompliance procedures.
(8) If the "conservative" kiln dust metal concentration limit was exceeded for any metal in any single analysis of the "required" kiln dust sample, the "spare" samples corresponding to the same period may be analyzed to determine if the exceedance is due to a sampling or analysis error.
w If no "spare" samples were taken, refer to Step 9.
w If the average of all the samples for a given day (or week, as applicable) (including the "required" sample and the "spare" samples) does not exceed the "conservative" kiln dust metal concentration limit, no corrective measures are necessary; continue with the daily and/or weekly monitoring as described in Step 5.
w If the average of all the samples for a given day (or week, as applicable) exceeds the "conservative" kiln dust metal concentration limit. but the average of the "spare" samples is below the "conservative" kiln dust metal concentration limit, apply the Q-test, described in appendix A, to determine whether the "required" sample concentration can be judged as an outlier.
- If the "required" sample concentration is judged an outlier, no corrective measures are necessary; continue with the daily and/or weekly monitoring described in Step 5.
- If the "required" sample concentration is not judged an outlier, refer to Step 10.
(9) This step does not apply to precompliance procedures.
(10) Determine if the "conservative" kiln dust metal concentration limit has been exceeded more than three times in the last 60 days.
w If not, log this exceedance and continue with the daily and/or weekly monitoring (Step 5).
w If so, the tests to determine the enrichment factors must be repeated (refer to Step 11).
w This determination is made separately for each metal; for example
- Three exceedances for each of the ten hazardous metals are allowed within any 60-day period.
- Four exceedances of any single metal is any 60-day period is not allowed.
w This determination should not be made daily, beginning on the first day of daily monitoring. For example, if four exceedances of any single metal occur in the first four days of daily monitoring, do not wait until the end of the 60- day period; refer immediately to Step 11.
(11) A revised certification of compliance must be submitted to the Director (or certification of compliance must be submitted) if: (1) More than three exceedances of the "conservative" kiln dust metal concentration limit occur within any 60 consecutive daily samples; or (2) an exceedance of the "conservative" kiln dust metal concentration limit occurs in any weekly sample.
w The facility must notify the Director if a revised certification of precompliance must be submitted.
w The facility has up to 720 waste-burning hours to submit a certification of compliance or a revised certification of precompliance. During this period, the feed rate of the metal in violation must be reduced by 50%. In the case of a revised certification of precompliance, engineering judgement must be used to ensure that the "conservative" kiln dust metal concentration will not be exceeded. Examples of how this goal might be accomplished include:
- Changing equipment or operating procedures to reduce the kiln dust metal concentration;
- Changing equipment or operating procedures, or using more detailed engineering judgement, to decrease the estimated SEF and thus increase the "conservative" kiln dust metal concentration limit;
- Increasing the "conservative" kiln dust metal concentration limit by imposing a stricter PM emissions standard; or
- Increasing the "conservative" kiln dust metal concentration limit by performing a more detailed risk assessment to increase the metal emission limits.
w Meanwhile, the facility must continue with daily kiln dust metals monitoring (Step 5).





Appendix A to Appendix IX -Statistics
A.1 Determination of Enrichment Factor
After at least 10 initial emissions tests are performed, an enrichment factor for each metal must be determined. At the 95% confidence level, the enrichment factor, EF 95% s, is based on the test results and is statistically determined so there is only a 5% chance that the enrichment factor at any given time will be larger than EF 95%. Similarly, at the 99% confidence level, the enrichment factor, EF 99%, is statistically determined so there is only a 1% chance that the enrichment factor at any given time will be larger than EF 99% .
For a large number of samples (n > 30), EF 95% is based on a normal distribution, and is equal to:
EF 95% = EF + z cs(1)
where:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
For a 95% confidence level, z c is equal to 1.645.
For a small number of samples (n < 30), EF 95% is based on the t - distribution and is equal to:
EF 95% = EF + t c S (4)
where the standard deviation, S, is defined as:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
t c is a function of the number of samples and the confidence level that is desired. It increases in value as the sample size decreases and the confidence level increases. The 95% confidence level is used in this method to calculate the "violation" kiln dust metal concentration limit; and the 99% confidence level is sometimes used to calculate the "conservative" kiln dust metal concentration limit. Values of t c are shown in table A-1 for various degrees of freedom (degrees of freedom = sample size-1) at the 95% and 99% confidence levels. As the sample size approaches infinity, the normal distribution is approached.
A.2 Comparison of Enrichment Factor Groups
To determine if the enrichment factors measured in the quarterly tests are significantly different from the enrichment factors determined in the initial Step 2 tests, the t-test is used. In this test, the value t meas:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
Table A-1. -T-Distribution

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
_____________________________________
n-1 or n1 + n [FN2]-2 t95 t99
_____________________________________
1 6.31 31.82
2 2.92 6.96
3 2.35 4.54
4 2.13 3.75
5 2.02 3.36
6 1.94 3.14
7 1.90 3.00
8 1.86 2.90
9 1.83 2.82
10 1.81 2.76
11 1.80 2.72
12 1.78 2.68
13 1.77 2.65
14 1.76 2.62
15 1.75 2.60
16 1.75 2.58
17 1.74 2.57
18 1.73 2.55
19 1.73 2.54
20 1.72 2.53
25 1.71 2.48
30 1.70 2.46
40 1.68 2.42
60 1.67 2.39
120 1.66 2.36
8 1.645 2.33

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
is compared to t crit at the desired confidence level. The 95% confidence level is used in this method. Values of t crit are shown in table A-1 for various degrees of freedom (degrees of freedom n 1 + n 2 - 2) at the 95% and 99% confidence levels. If t meas is greater then t crit, it can be concluded with 95% confidence that the two groups are not from the same population.
A.3 Rejection of Data
If the concentration of any hazardous metal in the "required" kiln dust sample exceeds the kiln dust metal concentration limit, the "spare" samples are analyzed. If the average of the combined "required" and "spare" values is still above the limit, a statistical test is used to decide if the upper value can be rejected.
The "Q-test" is used to determine if a data point can be rejected. The difference between the questionable result and its neighbor is divided by the spread of the entire data set. The resulting ratio, Q meas, is then compared with rejection values that are critical for a particular degree of confidence, where Q meas is:
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
The 90% confidence level for data rejection is used in this method. Table A-2 provides the values of Q crit at the 90% confidence level. If Q at the 90% confidence level. If Q meas is larger than Q crit, the data point can be discarded. Only one data point from a sample group can be rejected using this method.
Table A-2. -Critical Values for Use in the Q-Test

TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
n Q crit
3 0.94
4 0.76
5 0.64
6 0.56
7 0.51
8 0.47
9 0.44
10 0.41


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





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





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

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





Appendix XII. -Nickel or Chromium-Bearing Materials That May Be Processed in Exempt Nickel-Chromium Recovery Furnaces
A. Exempt Nickel or Chromium-Bearing Materials when Generated by Manufacturers or Users of Nickel, Chromium, or Iron
Baghouse bags
Raney nickel catalyst
Floor sweepings
Air filters
Electroplating bath filters
Wastewater filter media
Wood pallets
Disposable clothing (coveralls, aprons, hats, and gloves)
Laboratory samples and spent chemicals
Shipping containers and plastic liners from containers or vehicles used to transport nickel or chromium-containing wastes
Respirator cartridge filters
Paper hand towels
B. Exempt Nickel or Chromium-Bearing Materials when Generated by Any Industry
Electroplating wastewater treatment sludges (F006)
Nickel and/or chromium-containing solutions
Nickel, chromium, and iron catalysts
Nickel-cadmium and nickel-iron batteries
Filter cake from wet scrubber system water treatment plants in the specialty steel industry [FN1]
Filter cake from nickel-cadmium alloy pickling operations [FN1]
[FN1] If a hazardous waste under an authorized State program.

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





Appendix XIII. -Mercury Bearing Wastes That May Be Processed in Exempt Mercury Recovery Units
These are exempt mercury-bearing materials with less than 500 ppm of Chapter 11, appendix VIII organic constituents when generated by manufacturers or users of mercury or mercury products.
Active carbon
Decomposer graphite
Wood
Paper
Protective clothing
Sweepings
Respiratory cartridge filters
Cleanup articles
Plastic bags and other contaminated containers
Laboratory and process control samples
K106 and other wastewater treatment plant sludge and filter cake
Mercury cell sump and tank sludge
Mercury cell process solids
Recoverable levels or mercury contained in soil

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





s 66268.1. Purpose, Scope and Applicability.
(a) This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed.
(b) Except as specifically provided otherwise in this chapter or chapter 11 of this division, the requirements of this chapter apply to persons who generate or transport hazardous waste and owners and operators of hazardous waste treatment, storage, and disposal facilities.
(c) Restricted wastes may continue to be land disposed as follows:
(1) where persons have been granted an extension to the effective date of a prohibition under article 3 of this chapter or pursuant to section 66268.5, with respect to those wastes covered by the extension;
(2) Where persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) RCRA hazardous wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, are not prohibited if the wastes:
(A) Are disposed into a nonhazardous or hazardous injection well; and
(B) Do not exhibit any prohibited characteristic of hazardous waste identified in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) at the point of injection.
(4) RCRA hazardous wastes that are hazardous only because they exhibit a hazardous characteristic, and which are otherwise prohibited under this chapter, are not prohibited if the wastes meet any of the following criteria, unless the wastes are subject to a specified method of treatment other than DEACT in section 66268.40, or are D003 reactive cyanide:
(A) The wastes are managed in a treatment system which subsequently discharges to waters of the U.S. pursuant to a permit issued under section 402 of the Clean Water Act; or
(B) The wastes are treated for purposes of the pretreatment requirements of section 307 of the Clean Water Act; or
(C) The wastes are managed in a zero discharge system engaged in Clean Water Act-equivalent treatment as defined in section 66268.37; and
(D) The wastes no longer exhibit a prohibited characteristic in sections 66261.21, 66261.22(a)(1), 66261.22(a)(2), 66261.23, and 66261.24(a)(1) at the point of land disposal (i.e., placement in a surface impoundment).
(5) where persons who own or operate a land treatment facility have been granted by the Department an exemption allowing the disposal of restricted hazardous waste in the land treatment facility pursuant to Health and Safety Code section 25179.12;
(6) where persons who own or operate a surface impoundment have been granted by the Department an exemption allowing the treatment of restricted waste in the surface impoundment in accordance with Health and Safety Code section 25179.11;
(7) where restricted hazardous waste in lab packs has not been restricted or prohibited by the USEPA pursuant to RCRA section 3004 (42 U.S.C. section 6924), as amended.
(d) The requirements of this chapter shall not affect the availability of a waiver under section 121(d)(4) of CERCLA (42 U.S.C. section 9621).
(e) The following hazardous wastes are not subject to any provision of chapter 18:
(1) RCRA hazardous waste generated by small quantity generators of less than 100 kilograms of non-acute hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined in 40 CFR section 261.5;
(2) waste pesticides that a farmer disposes of pursuant to section 66262.70;
(3) solid hazardous wastes generated in the clean up or decontamination of any site contaminated only by hazardous wastes which have not been restricted or prohibited by the USEPA pursuant to section 3004 of the RCRA (42 U.S.C. section 6924), as amended, and which have complied with California Health and Safety Code section 25179.5(a)(4).
(4) Wastes identified or listed as RCRA hazardous waste after November 8, 1984 for which the Department has not promulgated land disposal prohibitions or treatment standards;
(5)De minimis losses to wastewater treatment systems of commercial chemical product or chemical intermediates that are ignitable (D001), corrosive (D002), or are organic constituents that exhibit the characteristic of toxicity (D012- D043), and that contain underlying hazardous constituents as defined in section 66260.10, are not considered to be prohibited wastes.De minimis is defined as losses from normal material handling operations (e.g. spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment; storage tanks or containers; leaks from well-maintained pump packings and seals; sample purgings; and relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing; or
(f) Effective May 8, 1990, all hazardous wastes are prohibited from land disposal unless the wastes have been exempted, granted a variance or granted an extension under this chapter or pursuant to California Health and Safety Code sections 25179.8, 25179.9, 25179.10, 25179.11 and 25179.12, unless the wastes meet the applicable treatment standards specified under article 4 and article 11 of this chapter, or 40 CFR part 268 or unless the wastes have a treatment standard that has been repealed pursuant to Health and Safety Code section 25179.6.
(g) Persons who manage universal waste are exempt from sections 66268.7 and 66268.50. These persons are subject to regulation under chapter 23 when managing universal wastes listed in section 66261.9 of this division.

Note: Authority cited: Sections 25141, 25150, 25150.6, 25159, 25179.6, 25219.1 and 58012, Health and Safety Code. Reference: Sections 25118, 25141, 25150, 25159, 25159.5, 25179.3, 25179.6, 25179.7, 25179.8, 25179.9, 25179.10, 25179.11, 25179.12, 25219, 25219.1 and 25219.2, Health and Safety Code; 40 CFR Section 268.1.





s 66268.2. Definitions Applicable in This Chapter.
Definitions of terms applicable in this chapter are provided under section 66260.10.

Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 268.2.






s 66268.3. Dilution Prohibited As a Substitute for Treatment.
(a) No generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment to achieve compliance with article 4 or article 11 of this chapter, to circumvent the effective date of a prohibition in article 3 or article 10 of this chapter, to otherwise avoid a prohibition in article 3 or article 10 of this chapter, or to circumvent a land disposal prohibition imposed by RCRA section 3004 (42 U.S.C. section 6924).
(b) Combustion of the hazardous waste codes listed in Appendix XI of this chapter is prohibited, unless the waste, at the point of generation, or after any bona fide treatment such as cyanide destruction prior to combustion, can be demonstrated to comply with one or more of the following criteria (unless otherwise specifically prohibited from combustion):
(1) The waste contains hazardous organic constituents or cyanide at levels exceeding the constituent-specific treatment standard found in section 66268.48;
(2) The waste consists of organic, debris-like materials (e.g., wood paper, plastic, or cloth) contaminated with an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value such as greater than or equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a required method of treatment;
(5) The waste is subject to Federal and/or State requirements necessitating reduction of organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
(c) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or other metallic forms of iron to lead-containing hazardous wastes in order to achieve any land disposal restriction treatment standard for lead. Lead-containing wastes include D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all characteristic wastes containing lead as an underlying hazardous constituent, listed wastes containing lead as a regulated constituent, and hazardous media containing any of the aforementioned lead-containing wastes.

Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code; 40 CFR Section 268.3.





s 66268.5. Procedures for Case-By-Case Extensions to an Effective Date.
(a) Any person who generates, treats, stores, or disposes of a hazardous waste may submit an application to the Department, for non-RCRA hazardous wastes, or the U.S. EPA Administrator, for RCRA hazardous wastes, for an extension to the effective date of any applicable restriction established under article 3 of this chapter.
(b) For hazardous waste subject to RCRA land disposal restrictions set forth in article 4 of this chapter, the applicant shall petition the U.S. EPA Administrator for a case-by-case extension pursuant to 40 CFR section 268.5. Within 30 days after the applicant has received from the U.S. EPA Administrator an approved petition for a case-by-case extension, the applicant shall submit to the Department a copy of the approved case-by-case extension.
(c) For hazardous waste listed in section 66268.29 of this chapter subject to non-RCRA land disposal restrictions set forth in article 11 of this chapter, the applicant shall petition the Department for a case-by-case extension pursuant to this section. Each applicant for an extension shall demonstrate that all of the following conditions apply to the waste.
(1) The hazardous waste cannot be recycled, reused, or treated to meet the standards adopted by the Department pursuant to section 25179.6, California Health and Safety Code, at a commercial off-site hazardous waste facility in the state.
(2) Recycling or treatment alternatives cannot be provided at the site of generation.
(3) Measures have been, or will be, taken to reduce the generation of the hazardous waste.
(4) Land disposal of the hazardous waste is in compliance with all existing statutes and regulations.
(5) Circumstances beyond the control of the applicant, such as delays in the issuance of a permit, have prevented the development of the needed capacity by the date established under this chapter.
(d) An extension will apply only to the waste generated at the individual facility covered by the application and will not apply to restricted waste from any other facility.
(e) On the basis of the information referred to in subsections (a), (b), and (c) of this section, the Department may grant an extension of up to 1 year from the effective date. The Department may renew this extension for up to 1 additional year upon the request of the applicant if the demonstration required in subsections (a), (b), and (c) of this section can still be made. In no event will an extension extend beyond 24 months from the applicable effective date specified in article 3 of chapter 18. The length of any extension authorized will be determined by the Department based on the time required to construct or obtain the type of capacity needed by the applicant.
(f) Any person granted an extension under this section shall immediately notify the Department as soon as the person has knowledge of any change in the conditions certified to in the application.
(g) Any person granted an extension under this section shall submit written progress reports to the Department at intervals designated by the Department. Such reports shall describe the overall progress made toward constructing or otherwise providing alternative treatment, recovery or disposal capacity, shall identify any event which may cause or has caused a delay in the development of the capacity, and shall summarize the steps taken to mitigate the delay. The Department can revoke the extension at any time if the applicant does not demonstrate a good-faith effort to meet the schedule for completion, if the Department denies or revokes any required permit, if conditions certified in the application change, or for any violation of this division.
(h) Whenever the Department establishes an extension to an effective date under this section, during the period for which such extension is in effect:
(1) the storage restrictions under section 66268.50(a) do not apply; and
(2) such hazardous waste may be disposed in a landfill or surface impoundment only if such unit is in compliance with the technical requirements of the following provisions regardless of whether such unit is existing, new or a replacement or lateral expansion:
(A) the landfill, if in interim status, is in compliance with the requirements of article 6 of chapter 15 and section 66265.301(a), (c), and (d) of this division; or,
(B) the landfill, if permitted, is in compliance with the requirements of article 6 of chapter 14 and section 66264.301(c), (d) and (e) of this division;
(C) the surface impoundment, if in interim status, is in compliance with the requirements of article 6 of chapter 15, section 66265.221(a), (c), and (d) of this division, and RCRA section 3005(j)(1); or
(D) the surface impoundment, if permitted, is in compliance with the requirements of article 6 of chapter 14 and section 66264.221(c), (d) and (e) of this division and California Health and Safety Code, division 20, chapter 6.5 article 9.5;
(E) as consistent with state law, the surface impoundment, if newly subject to RCRA section 3005(j)(1) (42 U.S.C. section 6925(j)(1)) due to the promulgation of additional listings or characteristics for the identification of hazardous waste, is in compliance with the requirements of article 6 of chapter 15 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and the requirements of section 66265.221(a), (c) and (d) of this division within 48 months after the promulgation of additional listings or characteristics of hazardous waste. If a national capacity variance is granted, during the period the variance is in effect, the surface impoundment, if newly subject to RCRA section 3005(j)(1) ( 42 U.S.C. section 6925(j)(1)) due to the promulgation of additional listings or characteristics of hazardous waste, is in compliance with the requirements of article 6 of chapter 15 within 12 months after the promulgation of additional listings or characteristics of hazardous waste, and with the requirements of section 66265.221 (a), (c) and (d) of this division within 48 months after the promulgation of additional listings or characteristics of hazardous waste; or
(F) the landfill, if disposing of containerized liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm but less than 500 ppm, is also in compliance with the requirements of 40 CFR section 761.75 and chapters 14 and 15 of this division.
(i) Pending a decision on the application, the applicant is required to comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.
(j) After receiving an application for an extension, the Department may request any additional information which it deems necessary to evaluate the application. Within 45 days of the receipt of the application, the Department shall inform the applicant, in writing, that the application is complete and accepted for filing, or that the application is deficient and what specific information is required.
(k) The Department shall make a decision on an application for an extension within 120 days of the filing of a completed application.

Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.8, Health and Safety Code; 40 CFR Section 268.5; Section 15376, Government Code.





s 66268.6. Petitions to Allow Land Disposal of a Waste Prohibited Under Article 3 of Chapter 18.
For hazardous waste subject to RCRA land disposal restrictions set forth in article 3 of this chapter, the applicant shall petition the U.S. EPA Administration for an exemption from a prohibition pursuant to 40 CFR section 268.6. Within 30 days after the applicant has received from the U.S. EPA Administrator an approved petition, the applicant shall submit to the Department a copy of the approved petition.





s 66268.7. Testing, Tracking, and Recordkeeping Requirements for Generators, Treaters, and Disposal Facilities.
(a) Requirements for generators:
(1) A generator of hazardous waste shall determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in article 4 or article 11. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in "Test Methods of Evaluating Solid Waste, Physical/Chemical Methods," "USEPA Publication SW-846, as referenced in section 66260.11 of this division, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. In addition, some hazardous wastes shall be treated by particular treatment methods before they can be land disposed and some soils are contaminated by such hazardous wastes. These treatment standards are also found in section 66268.40, and are described in detail in section 66268.42, Table 1. These wastes, and soils contaminated with such wastes, do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste or soil contaminated with a waste, that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, they shall comply with the special requirements of section 66268.9 of this chapter in addition to any applicable requirements in this section.
(2) Except as provided in subsection (B), if the waste or contaminated soil does not meet the treatment standard: With the initial shipment of waste to each treatment or storage facility, the generator shall send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice shall include the information in column "66268.7(a)(2)" of the Generator Paperwork Requirements Table in section 66268.7(a)(4). No further notification is necessary until such time that the waste or facility change, in which case a new notification shall be sent and a copy placed in the generator's file.
(A) For contaminated soil, the following certification statement should be included, signed by an authorized representative:
I certify under penalty of law that I personally have examined this contaminated soil and it [does/does not] contain listed hazardous waste and [does/does not] exhibit a characteristic of hazardous waste and requires treatment to meet the soil treatment standards as provided by section 66268.49(c).
(B) If a generator determines that the generator is managing a restricted waste under section 66268.29 or prohibited waste under section 66268.32 and the waste does not meet the applicable treatment standards set forth in article 11 of this chapter, with each shipment of waste the generator shall notify the receiving facility in writing only if the receiving facility is a land disposal facility operating within California. The notice shall include the following information:
1. Non-RCRA hazardous waste Category listed in section 66268.29, if applicable;
2. the manifest number associated with the shipment of waste; and
3. waste analysis data, where available.
(3) If the waste or contaminated soil meets the treatment standard at the original point of generation:
(A) With the initial shipment of waste to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice shall include the information indicated in column "66268.7(a)(3)" of the Generator Paperwork Requirements Table in section 66268.7(a)(4) and the following certification statement, signed by an authorized representative:
I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in CCR, Title 22, division 4.5, chapter 18, article 4. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.
(B) For contaminated soil, with the initial shipment of wastes to each treatment, storage, or disposal facility, the generator shall send a one-time written notice to each facility receiving the waste and place a copy in the file. The notice shall include the information in "66268.7(a)(3)" of the Generator Paperwork Requirements Table in section 66268.7(a)(4).
(C) If the waste changes, the generator shall send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under section 66261.3(e) are not subject to these requirements.
(D) If a generator determines that the generator is managing a restricted waste under section 66268.29 and subject to applicable treatment standards set forth in article 11 of this chapter or prohibited under section 66268.32 and determines that the waste can be land disposed without further treatment, with each shipment of waste the generator shall submit to the receiving facility a notice and a certification stating that the waste meets the applicable treatment standards set forth in article 11 of this chapter or the applicable prohibitions set forth in section 66268.32, only if the receiving facility is a land disposal facility operating within California. The notice shall include the following information:
1. Non-RCRA hazardous waste Category listed in section 66268.29, if applicable;
2. the manifest number associated with the shipment of waste; and
3. waste analysis data, where available.
The certification shall state:
I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in CCR, Title 22, division 4.5, chapter 18, article 11 [or all applicable prohibitions in section 66268.32]. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.
(4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or contaminated soil that do not meet the treatment standards to be land disposed: There are certain exemptions from the requirement that hazardous wastes or contaminated soil meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under section 66268.5, disposal in a no-migration unit under section 66268.6, or a national capacity variance or case-by-case capacity variance under article 3 of this chapter. If a generator's waste is so exempt, then with the initial shipment of waste, the generator shall send a one-time written notice to each land disposal facility receiving the waste. The notice shall include the information indicated in column "66268.7(a)(4)" of the Generator Paperwork Requirements Table in this subsection. If the waste changes, the generator shall send a new notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table


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Required Information
1. EPA Hazardous Waste Numbers and Manifest Number of first
shipment
2. Statement: this waste is not prohibited from land disposal
3. The waste is subject to the LDRs. The constituents of concern for
F001-F005, and F039, and underlying hazardous constituents in
RCRA characteristic wastes, unless the waste will be treated and
monitored for all constituents. If all constituents will be treated and
monitored, there is no need to put them all on the LDR notice.
4. The notice shall include the applicable wastewater/nonwastewater
category (see section 66260.10) and subdivisions made within a waste
code based on waste-specific criteria (such as D003reactive cyanide)
5. Waste analysis data (when available)
6. Date the waste is subject to the prohibition
7. For hazardous debris, when treating with the alternative treatment
technologies provided by section 66268.45: the contaminants subject to
treatment, as described in section 66268.45(b); and an indication that these
contaminants are being treated to comply with section 66268.45
8. For contaminated soil subject to LDRs as provided in section 66268.49(a),
the constituents subject to treatment as described in section 66268.49(d), and
the following statement: This contaminated soil [does/does not] contain listed
hazardous waste and [does/does not] exhibit a characteristic of hazardous waste
and [is subject to/complies with] the soil treatment standards as provided by
section 66268.49(c) or the universal treatment standards.
9. A certification is needed (see applicable section for exact wording)
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s 66268.7(a)(2) s 66268.7(a)(3) s 66268.7(a)(4) s 66268.7(a)(9)
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(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks, containers, or containment buildings regulated under 40 CFR 262.34 to meet applicable LDR treatment standards found at section 66268.40, the generator shall develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1, section 66268.45, however, are not subject to these waste analysis requirements.) The plan shall be kept on site in the generator's records, and the following requirements shall be met:
(A) The waste analysis plan shall be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this chapter, including the selected testing frequency.
(B) Such plan shall be kept in the facility's on-site files and made available to inspectors.
(C) Wastes shipped off-site pursuant to this subsection shall comply with the notification requirements of section 66268.7(a)(3).
(6) If a generator determines that the waste or contaminated soil is restricted based solely on the generator's knowledge of the waste, all supporting data used to make this determination shall be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846, as referenced in section 66260.11 of this division, and all waste analysis data shall be retained on-site in the generator's files.
(7) If a generator determines that the generator is managing a prohibited waste that is excluded from the definition of hazardous waste or waste or is exempted from hazardous waste regulation under CCR, Title 22, Chapter 11, section 66261.2 through 66261.6 or under the Health and Safety Code subsequent to the point of generation (including deactivated characteristic hazardous wastes managed in wastewater treatment systems subject to the federal Clean Water Act (CWA) as specified at CCR, Title 22, section 66261.4(a)(1) or that are federal CWA-equivalent, or are managed in an underground injection well regulated by the federal SDWA), the generator shall place a one-time notice describing such generation, subsequent exclusion from the definition of hazardous waste or waste or exemption from hazardous waste regulation, and the disposition of the waste, in the facility's on-site files.
(8) Generators shall retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department. The requirements of this subsection apply to wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous waste or waste under CCR, Title 22, sections 66261.2 through 66261.6 or under Health and Safety Code, or exempted from hazardous waste regulation, subsequent to the point of generation.
(9) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at section 66268.42(c):
(A) With the initial shipment of waste to a treatment facility, the generator shall submit a notice that provides the information in column "66268.7(a)(9)" in the Generator Paperwork Requirements Table of subsection (a)(4) of this section, and the following certification. The certification, which shall be signed by an authorized representative and shall be placed in the generator's files, shall say the following:
I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under appendix IV to CCR, Title 22, division 4.5, chapter 18 and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs under CCR, Title 22, division 4.5, chapter 18, section 66268.42(c). I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment.
(B) No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification shall be sent and a copy placed in the generator's file.
(C) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in section 66260.10) need not be determined.
(D) The generator shall also comply with the requirements in subsections (a)(6) and (a)(7) of this section.
(10) Small quantity generators of RCRA hazardous wastes with reclamation agreements established pursuant to the requirements of title 40 of the Code of Federal Regulations, section 262.20(e) and 263.20(h), as of those sections read on July 1, 2001, shall comply with the applicable notification and certification requirements of subsection (a) of this section for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the reclamation agreement, for at least three years after termination or expiration of the agreement. The three-year retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department.
(11) If a generator determines that restricted asbestos-containing waste is being managed and that the waste can be land disposed without further treatment, with each shipment of waste, the generator shall submit to the receiving facility, a notice and a certification stating that the waste meets the applicable treatment standards set forth in section 66268.114, only if the receiving facility is a land disposal facility operating within California. Such generators shall retain a copy of the notification and certification at their principal place of business in California for at least three years. The three year period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Department. Generators who have been assigned by the Department the EPA identification number for residentials for asbestos-containing waste or a 90- day one time provisional EPA identification number for asbestos-containing waste are exempted from subsections (A) and (B) below.
(A) The notice shall include the following information:
1. The California Waste Code for asbestos-containing waste;
2. The corresponding treatment standard;
3. The manifest number associated with the shipment of waste;
(B) Thecertification shall be signed by an authorized representative and shall state the following: (continued)