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"I warrant that I am an authorized representative of the generator. I certify under penalty of law that the waste complies with the treatment standards specified in CCR, Title 22, Division 4.5, Chapter 18, section 66268.114. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment."
And including the following information:
1. Generator's Name;
2. Generator's Address;
3. Authorized Representative Printed Name;
4. Authorized Representative Signature and;
5. Date.
(b) Treatment facilities shall test their wastes according to the frequency specified in their waste analysis plans as required by section 66264.13 (for permitted TSDs) or section 66265.13 (for interim status facilities). Such testing shall be performed as provided in subsections (b)(1), (b)(2) and (b)(3) of this section.
(1) For wastes or contaminated soil with treatment standards expressed in the waste extract (TCLP), the owner or operator of the treatment facility shall test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846 as incorporated by reference in section 66260.11 of this division) or the test method specified in section 66268.106 to assure that the treatment residues extract meet the applicable treatment standards.
(2) For wastes or contaminated soil with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility shall test the treatment residues (not an extract of such residues) to assure that they meet the applicable treatment standards.
(3) A one-time notice shall be sent with the initial shipment of waste or contaminated soil to the land disposal facility. A copy of the notice shall be placed in the treatment facility's file.
(A) No further notification is necessary until such time that the waste or receiving facility change, in which case a new notice shall be sent and a copy placed in the treatment facility's file.
(B) The one-time notice shall include these requirements:
Treatment Facility Paperwork Requirements Table
Required Information s 66268.7(b)
1. EPA Hazardous Waste Numbers and Manifest
Number of first shipment. /
2. The waste is subject to the LDRs. The constituents of concern
for F001-F005, and F039, and underlying hazardous constituents
in RCRA characteristic wastes, unless the waste will be treated
and monitored for all constituents. If all constituents will be
treated and monitored, there is no need to put them all on the
LDR notice. /
3. The notice shall include the applicable wastewater/
nonwastewater category (see section 66268.10) and
subdivisions made within a waste code based on waste-specific
criteria (such as D003reactive cyanide) /
4. Waste analysis data (when available) /
5. For contaminated soil subject to LDRs as provided in section
66268.49(a), the constituents subject to treatment as
described in section 66268.49(d), and the following statement,
"this contaminated soil [does/does not] contain listed hazardous
waste and [does/does not] exhibit characteristic of hazardous
waste and [is subject to/complies with] the soil treatment
standards as provided by section 66268.49(c). /
6. A certification is needed (see applicable section for
exact wording) /
(4) The treatment facility shall submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification shall state:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with treatment standards specified in CCR, Title 22, division 4.5, section 66268.40 without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
A certification is also necessary for contaminated soil and it shall state:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification and believe that it has been maintained and operated properly so as to comply with treatment standards specified in CCR, Title 22, division 4.5, section 66268.49 without impermissible dilution of the prohibited wastes. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(A) A copy of the certification shall be placed in the treatment facility's on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification shall be sent to the receiving facility, and a copy placed in the file.
(B) Debris excluded from the definition of hazardous waste under section 66261.3(e) of this division (i.e., debris treated by an extraction or destruction technology provided by Table 1, section 66268.45, and debris that the Department has determined does not contain hazardous waste), however, is subject to the notification and certification requirements of subsection (d) of this section rather than the certification requirements of this subsection.
(C) For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in section 66268.40(d), the certification, signed by an authorized representative, shall state the following:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in section 66268.42, Table 1. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(D) For RCRA characteristic wastes that are subject to the treatment standards in section 66268.40 (other than those expressed as a method of treatment), or section 66268.49 and, that contain underlying hazardous constituents as defined in section 66260.10; if these wastes are treated on-site to remove the hazardous characteristic; and are then sent off-site for treatment of underlying hazardous constituents, the certification shall state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of CCR, Title 22, division 4.5, section 66268.40 or 66268.49 to remove the hazardous characteristic. This decharacterized waste contains underlying hazardous constituents that require further treatment to meet treatment standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(E) For RCRA characteristic wastes that contain underlying hazardous constituents as defined in section 66260.10 that are treated on-site to remove the hazardous characteristic to treat underlying hazardous constituents to levels in section 66268.48 Universal Treatment Standards, the certification shall state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of CCR, Title 22, division 4.5, section 66268.40 to remove the hazardous characteristic and that underlying hazardous constituents, as defined in section 66260.10 have been treated on-site to meet the section 66268.48 Universal Treatment Standards. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(5) If the waste or treatment residue will be further managed at a different treatment, storage, or disposal facility, the treatment, storage, or disposal facility sending the waste or treatment residue off-site shall comply with the notice and certification requirements applicable to generators under this section.
(6) For wastes that are prohibited under section 66268.32 of this chapter but not subject to any treatment standards under article 4 or article 11 of this chapter, the owner or operator of the treatment facility shall test the treatment residues according to the generator testing requirements specified in section 66268.32 to assure that the treatment residues comply with the applicable prohibitions.
(7) For restricted waste under section 66268.29 subject to applicable treatment standards set forth in article 11 of this chapter or wastes that are prohibited under section 66268.32 in which the treatment facility determines that the waste can be land disposed without further treatment, with each shipment of waste the treatment facility shall submit to the receiving facility a notice and certification, only if the receiving facility is a land disposal facility operating within California. The notice shall include the following information:
(A) Non-RCRA hazardous waste category listed in section 66268.29, if applicable;
(B) the manifest number associated with the shipment of waste;
(C) waste analysis data, where available.
The certification shall be signed by an authorized representative and shall state the following:
I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with treatment standards specified in CCR, Title 22, division 4.5, chapter 18, article 11 [or all applicable prohibitions in section 66268.32] without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment.
(c) The owner or operator of any land disposal facility disposing any waste subject to restrictions under this chapter shall:
(1) have copies of the notice and certifications specified in subsection (a) or (b) of this section;
(2) Test the waste, or an extract of the waste or treatment residue developed using test method 1311 (the Toxicity Characteristic Leaching Procedure), described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," USEPA Publication SW-846 as incorporated by reference in section 66260.11 of this division) or section 66268.106 of this chapter or using any methods required under section 66268.32 of this chapter, to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in article 4 and article 11 of this chapter or the prohibition levels in section 66268.32. Such testing shall be performed according to the frequency specified in the facility's waste analysis plan as required by section 66264.13 or section 66265.13 of this division.
(d) Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under section 66261.3(e) (i.e. debris treated by an extraction or destruction technology provided by Table 1, Section 66268.45, and debris that the Department has determined does not contain hazardous waste are subject to the following notification and certification requirements:
(1) A one-time notification, including the following information, shall be submitted to the Department:
(A) The name and address of the RCRA Subtitle D facility receiving the treated debris;
(B) A description of the hazardous debris as initially generated, including the applicable EPA Hazardous Waste Number(s); and
(C) For debris excluded under 66261.3(e)(1), the technology from Table 1, Section 66268.45, used to treat the debris.
(2) The notification shall be updated if the debris is shipped to a different facility, and, for debris excluded under section 66261.3(e)(1), if a different type of debris is treated or a different type of technology is used to treat the debris.
(3) For debris excluded under section 66261.3(e)(1), the owner or operator of the treatment facility shall document and certify compliance with the treatment standards of Table 1, section 66268.45, as follows:
(A) Records shall be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;
(B) Records shall be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and
(C) For each shipment of treated debris, a certification of compliance with the treatment standards shall be signed by an authorized representative and placed in the facility's files. The certification shall state the following: "I certify under penalty of law that the debris has been treated in accordance with the requirements of CCR Title 22, division 4.5, chapter 18, section 66268.45. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment."
(e) Generators and treaters who first receive from the Department a determination that a given contaminated soil subject to LDRs as provided in section 66268.49(a) no longer contains a listed hazardous waste and generators and treaters who first determine that a contaminated soil subject to LDRs as provided in section 66268.49(a) no longer exhibits a characteristic of hazardous waste shall:
(1) Prepare a one-time only documentation of these determinations including all supporting information; and
(2) Maintain that information in the facility files and other records for a minimum of three years.
(f) Notwithstanding other provisions in this Division, in the event USEPA changes the notification or certification requirements specified in 40 CFR section 268.7 applicable to a particular waste, the new federal notification and certification component(s) may be used to fulfill the notification and certification required by this section for the same waste until the Department adopts the new requirement(s).
Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25160.2 and 25179.7, Health and Safety Code; and 40 CFR Sections 262.20(e), 263.20(h) and 268.7.
s 66268.9. Special Rules Regarding Wastes That Exhibit a RCRA Characteristic.
(a) The initial generator of a waste shall determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under article 4 of this chapter. For purposes of chapter 18, the RCRA hazardous waste will carry the waste code for any applicable listed waste (chapter 11, article 4). In addition, where the RCRA hazardous waste exhibits a characteristic, the RCRA hazardous waste will carry one or more of the characteristic waste codes (chapter 11, article 3), except when the treatment standard for the listed waste operates in lieu of the treatment standard for the characteristic waste, as specified in subsection (b) of this section. If the generator determines that their RCRA hazardous waste displays a hazardous characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, OR POLYM of section 66268.42, Table 1), the generator shall determine the underlying hazardous constituents (as defined in section 66260.10) in the RCRA hazardous characteristic waste.
(b) Where a prohibited waste is both listed under article 4, chapter 11 and exhibits a RCRA characteristic under article 3 of chapter 11, the treatment standard for the waste code listed in article 4 of chapter 11 will operate in lieu of the standard for the waste code under article 3 of chapter 11, provided that the treatment standard for the listed waste includes a treatment standard for the constituent that causes the waste to exhibit the characteristic. Otherwise, the RCRA waste shall meet the treatment standards for all applicable listed and RCRA characteristic waste codes.
(c) In addition to any applicable standards determined from the initial point of generation, no prohibited waste which exhibits a RCRA characteristic under article 3 of chapter 11 may be land disposed unless the waste complies with the treatment standards under article 4 of chapter 18.
(d) The RCRA characteristic wastes as defined in section 66260.10 of this division, are also subject to section 66268.7 requirements, except that once the waste no longer exhibits the RCRA characteristic(s), a one-time notification and certification shall be placed in the generator's or treater's files and sent to the Department. The notification and certification that is placed in the generator's or treater's files shall be updated if the process or operation generating the waste changes and/or if the facility receiving the waste changes. However, the generator or treater need only notify the Department on an annual basis if such changes occur. Such notification and certification shall be sent to the Department by the end of the calendar year, but no later than December 31.
(1) The notification shall include the following information:
(A) name and address of the facility receiving the waste shipment; and
(B) a description of the waste as initially generated, including the applicable EPA hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as defined in section 66260.10), unless the waste will be treated and monitored for all underlying hazardous constituents. If all underlying hazardous constituents will be treated and monitored, there is no requirement to list any of the underlying hazardous constituents on the notice.
(2) The certification shall be signed by an authorized representative and shall state the language found in section 66268.7(b)(4).
(A) If treatment removes the RCRA characteristic but does not meet standards applicable to underlying hazardous constituents, then the certification found in section 66268.7(b)(4)(D) applies.
(B) [reserved]
Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6, and 58012, Health and Safety Code; 40 CFR Section 268.9.
s 66268.10. Identification of Wastes to Be Evaluated by August 8, 1988.
(a) USEPA will take action under section 3004(g)(5) and 3004(m) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(5) and 6924(m)), by August 8, 1988 for the wastes listed in this subsection (for ease of understanding, the wastes have been listed by the subsection of section 66261 under which they were listed). If USEPA fails to take action for any of these wastes by August 8, 1988, the provisions of section 3004(g)(6)(A) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(A)) will apply to those wastes for which USEPA has failed to take action. If USEPA fails to take action for any of these wastes by May 8, 1990, the provisions of section 3004(g)(6)(C) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(C)) will apply to those wastes for which USEPA has failed to take action.
(b) The following wastes are subject to the requirements of subsection (a) of this section:
(1) section 66261.31 wastes:
F006 -wastewater treatment sludges from electroplating operations except from the following processes: (A) sulfuric acid anodizing of aluminum; (B) tin plating on carbon steel; (C) zinc plating (segregated basis) on carbon steel; (D) aluminum or zinc-aluminum plating on carbon steel; (E) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (F) chemical etching and milling of aluminum;
F007 -spent cyanide plating bath solutions from electroplating operations;
F008 -plating bath sludges from the bottom of plating baths from electroplating operations where cyanides are used in the process;
F009 -spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process;
F019 -wastewater treatment sludges from the chemical conversion coating of aluminum;
(2) section 66261.32 Wastes:
K001 -bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol;
K004 -wastewater treatment sludge from the production of zinc yellow pigments;
K008 -over residue from the production of chrome oxide green pigments;
K011 -bottom stream from the wastewater stripper in the production of acrylonitrile;
K013 -bottom stream from the acetonitrile column in the production of acrylonitrile;
K014 -bottoms from the acetonitrile purification column in the production of acrylonitrile;
K015 -still bottoms from the distillation of benzyl chloride;
K016 -heavy ends or distillation residues from the production of carbon tetrachloride;
K017 -heavy ends (still bottoms) from the purification column in the production of epichlorohydrin;
K018 -heavy ends from the fractionation column in ethyl chloride production;
K020 -heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production;
K021 -aqueous spent antimony catalyst waste from fluoromethanes production;
K022 -distillation bottom tars from the production of phenol/acetone from cumane;
K024 -distillation bottoms from the production of phthalic anhydride from naphthalene;
K030 -column bottom or heavy ends from the combined production of trichloroethylene and perchloroethylene;
K031 -by-products salts generated in the production of MSMA and cacodylic acid;
K035 -wastewater treatment sludges generated in the production of creosote;
K036 -still bottoms from toluene reclamation distillation in the production of disulfoton;
K037 -wastewater treatment sludge from the production of
disulfoton;
K044 -wastewater treatment sludges from the manufacturing and processing of explosives;
K045 -spent carbon from the treatment of wastewater containing explosives;
K046 -wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds;
K047 -pink/red water from TNT operations;
K060 -ammonia still lime sludge from coking operations;
K061 -emission control dust/sludge from the primary production of steel in electric furnaces;
K062 -spent pickle liquor from steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332);
K069 -emission control dust/sludge from secondary lead smelting;
K071 -brine purification muds from the mercury cells process in chlorine production, where separately prepurified brine is not used;
K073 -chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes;
K083 -distillation bottoms from aniline production;
K084 -wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
K085 -distillation of fractionation column bottoms from the production of chlorobenzenes;
K086 -solvent washes and sludges; caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead;
K087 -decanter tank tar sludge from coking operations;
K099 -untreated wastewater from the production of 2,4-D;
K101 -distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
K102 -residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds;
K103 -process residues from aniline extraction from the production of aniline;
K104 -combined wastewater streams generated from nitrobenzene/aniline production;
K106 -wastewater treatment sludge from the mercury cell process in chlorine production;
(3) section 66261.33(e) wastes:
P001 -warfarin, when present at concentration greater than 0.3
P004 -Aldrin
P005 -Allyl alcohol
P010 -Arsenic acid
P011 -Arsenic (V) oxide
P012 -Arsenic (III) oxide
P015 -Beryllium dust
P016 -Bis-(chloromethyl) ether
P018 -Brucine
P020 -Dinoseb
P030 -Soluble cyanide salts not elsewhere specified
P036 -Dichlorophenylarsine
P037 -Dieldrin
P039 -Disulfoton
P041 -Diethyl-p-nitrophenyl phosphate
P048 -2,4-Dinitrophenol
P050 -Endosulfan
P058 -Fluoracetic acid, sodium salt
P059 -Heptachlor
P063 -Hydrogen cyanide
P068 -Methyl hydrazine
P069 -2-Methyllactonitrile
P070 -Aldicarb
P071 -Methyl parathion
P081 -Nitroglycerine
P082 -N-Nitrosodimethylamine
P084 -N-Nitrosomethylvinylamine
P087 -Osmium tetraoxide
P089 -Parathion
P092 -Phenylmercuric acetate
P094 -Phorate
P097 -Famphur
P102 -Propargyl alcohol
P105 -Sodium azide
P108 -Strychnine and salts
P110 -Tetraethyl lead
P115 -Thallium (I) sulfate
P120 -Vanadium pentoxide
P122 -Zinc phosphide, when present at concentrations greater than 10
P123 -Toxaphene
(4) section 66261.33(f) wastes:
U007 -Acrylamide
U009 -Acrylonitrile
U010 -Mitomycin C
U012 -Aniline
U016 -Benz(c)acridine
U018 -Benz(a)anthracene
U019 -Benzene
U022 -Benzo(a)pyrene
U029 -Methyl bromide
U031 -n-Butanol
U036 -Chlordane, technical
U037 -Chlorobenzene
U041 -n-Chloro-2,3-epoxypropane
U043 -Vinyl chloride
U044 -Chloroform
U046 -Chloromethyl methyl ether
U050 -Chrysene
U051 -Creosote
U053 -Crotonaldehyde
U061 -DDTU063 -Dibenzo(a, h)anthracene
U064 -1,2:7,8 Dibenzopyrene
U066 -Dibromo-3-chloropropane 1,2-
U067 -Ethylene dibromide
U074 -1,4-Dichloro-2-butene
U077 -Ethane, 1,2-dichloro-
U078 -Dichloroethylene, 1,1-
U086 -N,N Diethylhydrazine
U089 -Diethylstilbestrol
U103 -Dimethyl sulfate
U105 -2,4-Dinitrotoluene
U108 -Dioxane, 1,4-
U115 -Ethylene oxide
U122 -Formaldehyde
U124 -Furan
U129 -Lindane
U130 -Hexachlorocyclopentadiene
U133 -Hydrazine
U134 -Hydrofluoric acid
U137 -Indeno(1,2,3-cd)pyrene
U151 -Mercury
U154 -Methanol
U155 -Methapyrilene
U157 -3-Methylcholanthrene
U158 -4,4-Methylene-bis-(2-chloroaniline)
U159 -Methyl ethyl ketone
U171 -Nitropropane, 2-
U177 -N-Nitroso-N-methylurea
U180 -N-Nitrosopyrrolidine
U185 -Pentachloronitrobenzene
U188 -Phenol
U192 -Pronamide
U200 -Reserpine
U209 -Tetrachloroethane, 1,1,2,2-
U210 -Tetrachloroethylene
U211 -Carbon tetrachloride
U219 -Thiourea
U220 -Toluene
U221 -Toluenediamine
U223 -Toluene diisocyanate
U226 -Methylchloroform
U227 -Trichloroethane, 1,1,2-
U228 -Trichloroethylene
U237 -Uracil mustard
U238 -Ethyl carbamate
U248 -Warfarin, when present at concentrations of 0.3% or less
U249 -Zinc phosphide, when present at concentrations of 10% or less
Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.10.
s 66268.11. Identification of Wastes to Be Evaluated by June 8, 1989.
(a) USEPA will take action under section 3004(g)(5) and 3004(m) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(5) and 6924(m)), by June 8, 1989 for the wastes listed in this subsection (for ease of understanding, the wastes have been listed by the subsection of section 66261 under which they were listed). If USEPA fails to take action for any of these wastes by June 8, 1989, the provisions of section 3004(g)(6)(B) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(B)) will apply to those wastes for which USEPA has failed to take action. If USEPA fails to take action for any of these wastes by May 8, 1990, the provisions of section 3004(g)(6)(C) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(C)) will apply to those wastes for which USEPA has failed to take action.
(b) The following wastes are subject to the requirements of subsection (a) of this section.
(1) section 66261.31 wastes:
F010 -Quenching bath sludge from oil baths from metal heat treating operations where cyanides are used in the process;
F011 -Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations;
F012 -Quenching wastewater treatment sludges from metal heat operations where cyanides are used in the process;
F024 -Wastes including but not limited to, distillation residues, heavy ends, tars and reactor clean-out wastes from the production of chlorinated aliphatic hydrocarbons, having carbon content from one to five, utilizing free radical catalyzed processes; [This listing does not include light ends, spent filters and filter aids, spent desiccants, wastewater, wastewater treatment sludges, spent catalysts, and wastes listed in section 66261.32];
(2) section 66261.32 wastes:
K009 -Distillation bottoms from the production of acetaldehyde from ethylene;
K010 -Distillation side cuts from the productions of acetaldehyde from ethylene;
K019 -Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production;
K025 -Distillation bottoms from the production of nitrobenzene by the nitration of benzene;
K027 -Centrifuge and distillation residues from toluene diisocyanate production;
K028 -Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane;
K029 -Waste from the product steam stripper in the production of 1,1,1- trichloroethane;
K038 -Wastewater from the washing and stripping of phorate production;
K039 -Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate;
K040 -Wastewater treatment sludge from the production of phorate;
K041 -Wastewater treatment sludge from the production of toxaphene;
K042 -Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T;
K043 -2,6-Dichlorophenol waste from the production of 2,4-D;
K095 -Distillation bottoms from the production of 1,1,1-trichloroethane;
K096 -Heavy ends from the heavy ends column from the production of 1,1,1- trichloroethane;
K097 -Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane;
K098 -Untreated process wastewater from the production of toxaphene;
K105 -Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes;
(3) section 66261.33(e) wastes:
P002 -1-Acetyl-2-thiourea
P003 -Acrolein
P007 -5-(Aminoethyl)-3-isoxazolol
P008 -4-Aminopyridine
P014 -Thiophenol
P026 -1-(o-Chlorophenyl)thiourea
P027 -Propanenitrile, 3-chloro
P029 -Copper cyanides
P040 -0,0-Diethyl o-pyrazinyl phosphorothioate
P043 -Diisopropyl fluorophosphate
P044 -Dimethoate
P049 -2,4-Dithiobiuret
P054 -Aziridine
P057 -Fluoracetamide
P060 -Isodrin
P062 -Hexaethyltetraphosphate
P066 -Methomyl
P067 -2-Methylaziridine
P072 -Alpha-naphthylthiourea (ANTU)
P074 -Nickel cyanide
P085 -Octamethylpyrophosphoramide
P098 -Potassium cyanide
P104 -Silver cyanide
P106 -Sodium cyanide
P107 -Strontium sulfide
P111 -Tetraethylpyrophosphate
P112 -Tetranitromethane
P113 -Thallic oxide
P114 -Thallium (I) selenite
(4) section 66261.33(f) wastes:
U002 -Acetone
U003 -Acetonitrile
U005 -o-Acetylaminofluorene
U008 -Acrylic acid
U011 -Amitrole
U014 -Auramine
U015 -Azaserine
U020 -Benzenesulfonyl chloride
U021 -Benzidine
U023 -Benzotrichloride
U025 -Dichloroethyl ether
U026 -Chlornaphazine
U028 -Bis-(2-ethylhexyl)phthalate
U032 -Calcium chromate
U035 -Chlorambucil
U047 -Beta-chloronaphthalene
U049 -4-Chloro-o-toluidine, hydrochloride
U057 -Cyclohexanone
U058 -Cyclophosphamide
U059 -Daunomycin
U060 -DDD
U062 -Diallate
U070 -o-Dichlorobenzene
U073 -Dichlorobenzidene, 3,3'
U080 -Methylene chloride
U083 -Dichloropropane, 1,2-
U092 -Dimethylamine
U093 -Dimethylaminoazobenzene
U094 -Dimethylbenz(a)anthracene,7,12-
U095 -Dimethylbenzidine,3,3'
U097 -Dimethylcarbamoyl chloride
U098 -Dimethylhydrazine, 1,1-
U099 -Dimethylhydrazine, 1,2-
U101 -Dimethylphenol, 2,4-
U106 -Dinitrotoluene, 2,6-
U107 -Di-n-octyl phthalate
U109 -1,2,-Diphenylhydrazine
U110 -Dipropylamine
U111 -Di-N-Propylnitrosamine
U114 -Ethylenebis-(dithiocarbamic acid)
U116 -Ethylene thiourea
U119 -Ethyl methanesulfonate
U127 -Hexachlorobenzene
U128 -Hexachlorobutadiene
U131 -Hexachloroethane
U135 -Hydrogen sulfide
U138 -Methyl iodide
U140 -Isobutyl alcohol
U142 -Kepone
U143 -Lasiocarpine
U144 -Lead acetate
U146 -Lead subacetate
U147 -Maleic anhydride
U149 -Malononitrile
U150 -Melphalan
U161 -Methyl isobutyl ketone
U162 -Methyl methacrylate
U163 -N-Methyl-N-nitro-N-nitrosoguanidine
U164 -Methylthiouracil
U165 -Naphthalene
U168 -Napthylamine, 2-
U169 -Nitrobenzene
U170 -p-Nitrophenol
U172 -N-Nitroso-di-n-butylamine
U173 -N-Nitroso-diethanolamine
U174 -N-Nitroso-diethylamine
U176 -N-Nitroso-N-ethylurea
U178 -N-Nitroso-N-methylurethane
U179 -N-Nitrosopiperidine
U189 -Phosphorus sulfide
U193 -1,3-Propane sultone
U196 -Pyridine
U203 -Safrole
U205 -Selenium disulfide
U206 -Streptozotocin
U208 -Terachloroethane, 1,1,1,2-
U213 -Tetrahydrofuran
U214 -Thallium (I) acetate
U215 -Thallium (I) carbonate
U216 -Thallium (I) chloride
U217 -Thallium (I) nitrate
U218 -Thioacetamide
U235 -Tris (2,3-Dibromopropyl) phosphate
U239 -Xylene
U244 -Thiram
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.11.
s 66268.12. Identification of Wastes to Be Evaluated by May 8, 1990.
U.S. EPA will take action under section 3004(g)(5) and 3004(m) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(5) and 6924(m)), by May 8, 1990 for the wastes listed in this subsection (for ease of understanding, the wastes have been listed by the subsection of section 66261 under which they were listed). If USEPA fails to take action for any of these wastes by May 8, 1990, the provisions of section 3004(g)(6)(C) of the Resource Conservation and Recovery Act (42 U.S.C. section 6924(g)(6)(C)) will apply to those wastes for which USEPA has failed to take action.
(a) Wastes listed below by the section of chapter 11 of this division under which they were listed.
(1) section 66261.32 wastes:
K002 -Wastewater treatment sludge from the production of chrome yellow and orange pigments;
K003 -Wastewater treatment sludge from the production of molybdate orange pigments;
K005 -Wastewater treatment sludge from the production of chrome green pigments;
K006 -Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated);
K007 -Wastewater treatment sludge from the production of iron blue pigments;
K023 -Distillation light ends from the production of phthalic anhydride from naphthalene;
K026 -Stripping still tails from the production of methyl ethyl pyridines;
K032 -Wastewater treatment sludge from the production of chlordane;
K033 -Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane;
K034 -Filter solids from the hexachlorocyclopentadiene in the production of chlordane;
K048 -dissolved air flotation (DAF) float from the petroleum refining industry;
K049 -slop oil emulsion solids from the petroleum refining industry;
K050 -heat exchange bundle cleaning sludge from the petroleum refining industry;
K051 -API separator sludge from the petroleum refining industry;
K052 -tank bottoms (leaded) from the petroleum refining industry;
K093 -Distillation light ends from the production of phthalic anhydride from ortho-xylene;
K094 -Distillation bottoms from the production of phthalic anhydride from ortho-xylene;
K100 -Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting;
(2) section 66261.33(e) wastes:
P006 -Aluminum phosphide
P009 -Ammonium picrate
P013 -Barium cyanide
P017 -Bromoacetone
P021 -Calcium cyanide
P022 -Carbon disulfide
P023 -Chloroacetaldehyde
P024 -p-Chloroaniline
P028 -Benzyl chloride
P031 -Cyanogen
P033 -Cyanogen chloride
P034 -4,6-Dinitro-o-cyclohexylphenol
P038 -Diethylarsine
P042 -Epinephrine
P045 -Thiofanox
P046 -Alpha, alpha-Dimethylphenethylamine
P047 -4,6-Dinitro-o-cresol and salts
P051 -Endrin
P056 -Fluorine
P064 -Methyl isocyanate
P065 -Mercury fulminate
P073 -Nickel carbonyl
P075 -Nicotine and salts
P076 -Nitric oxide
P077 -p-Nitroaniline
P078 -Nitrogen dioxide
P088 -Endothall
P093 -N-Phenylthiourea
P095 -Phosgene
P096 -Phosphine
P099 -Potassium silver cyanide
P101 -Propanenitrile
P103 -Selenourea
P109 -Tetraethyldithiopyrophosphate
P116 -Thiosemicarbazide
P118 -Trichloromethanethiol
P119 -Ammonium vanadate
P121 -Zinc cyanide
(3) section 66261.33(f) wastes:
U001 -Acetaldehyde
U004 -Acetophenone
U006 -Acetyl chloride
U017 -Benzal chloride
U024 -Bis(2-chloroethoxy)methane
U027 -Bis(2-chloroisopropyl)ether
U030 -Benzene, 1-bromo-4-phenoxy
U033 -Carbonyl fluoride
U034 -Chloral
U038 -Ethyl-4-4 ' dichlorobenzilate
U039 -4-Chloro-m-cresol
U042 -Vinyl ether, 2-chloroethyl
U045 -Methyl chloride
U048 -o-Chlorophenol
U052 -Cresols
U055 -Cumene
U056 -Cyclohexane
U068 -Methane, dibromo
U069 -Dibutyl phthalate
U071 -m-Dichlorobenzene
U072 -p-Dichlorobenzene
U075 -Dichlorodifluoromethane
U076 -Ethane, 1,1-dichloro-
U079 -1,2-Dichlorethylene
U081 -2,4-Dichlorophenol
U082 -2,6-Dichlorophenol
U084 -1,3-Dichloropropene
U085 -2,2 ' Bioxirane
U087 -0,0,-Diethyl-S-methyl-dithiophosphate
U088 -Diethyl phthalate
U090 -Dihydrosafrole
U091 -3,3 ' Dimethoxybenzidine
U096 -alpha,alpha-Dimethylbenzylhydroxyperoxide
U102 -Dimethyl phthalate
U112 -Ethyl acetate
U113 -Ethyl acrylate
U117 -Ethyl ether
U118 -Ethylmethacrylate
U120 -Fluoranthene
U121 -Trichloromonofluoromethane
U123 -Formic acid
U125 -Furfural
U126 -Glycidylaldehyde
U132 -Hexachlorophene
U136 -Cacodylic acid
U139 -Iron dextran
U141 -Isosafrole
U145 -Lead phosphate
U148 -Maleic hydrazide
U152 -Methacrylonitrile
U153 -Methanethiol
U156 -Methyl chlorocarbonate
U160 -Methyl ethyl ketone peroxide
U166 -1,4-Naphthaquinone
U167 -1-Naphthylamine
U181 -5-Nitro-o-toluidine
U182 -Paraldehyde
U183 -Pentachlorobenzene
U184 -Pentachloroethane
U186 -1,3-Pentadiene
U187 -Phenacetin
U190 -Phthalic anhydride
U191 -2-Picoline
U194 -1-Propanamine
U197 -p-Benzoquinone
U201 -Resorcinol
U202 -Saccharin and salts
U204 -Selenious acid
U207 -1,2,4,5-tetrachlorobenzene
U222 -o-Toluidine hydrochloride
U225 -Bromoform
U234 -Sym-Trinitrobenzene
U236 -Trypan blue
U240 -2,4-D, salts and esters
U243 -Hexachloropropene
U246 -Cyanogen bromide
U247 -Methoxychlor
(4) Wastes identified as hazardous based on a characteristic alone (i.e., corrosivity, reactivity, ignitability and EP toxicity).
(b) Wastewater residues (less than 1 percent total organic carbon and less than 1 percent suspended solids) resulting from the following well-designed and well-operated treatment methods for wastes listed in section 66268.10 and section 66268.11 for which USEPA has not promulgated wastewater treatment standards: metals recovery, metals precipitation, cyanide destruction, carbon adsorption, chemical oxidation, steam stripping, biodegradation, and incineration or other direct thermal destruction.
(c) Hazardous wastes listed in sections 66268.10 and 66268.11 which are mixed hazardous/radioactive wastes.
(d) Multi-source leachate that is derived from disposal of any listed waste, except from Hazardous Wastes F020, F021, F022, F023, F026, F027, or F028.
(e) Nonwastewater forms of wastes listed in section 66268.10 that were originally disposed before August 17, 1988 and for which U.S. EPA has promulgated "no land disposal" as the treatment standard (section 66268.43, Table CCW, No Land Disposal Subtable). This provision does not apply to waste codes K044, K045, K047, and K061 (high zinc subcategory).
(f) Nonwastewater forms of wastes listed in section 66268.10 for which U.S. EPA has promulgated "no land disposal" as the treatment standard (section 66268.43, Table CCW, No Land Disposal Subtable) that are generated in the course of treating wastewater forms of the wastes. This provision does not apply to waste codes K044, K045, K047 and K061 (high zinc subcategory).
(g) Nonwastewater forms of waste codes K015 and K083.
Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.12.
s 66268.13. Schedule for Wastes Identified or Listed After November 8, 1984.
In the case of any hazardous waste identified or listed under section 3001 of the Resource Conservation and Recovery Act (42 U.S.C. section 6921) after November 8, 1984, the U.S. EPA Administrator shall make a land disposal prohibition determination within 6 months after the date of identification or listing.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.13.
s 66268.29. List of Restricted Non-RCRA Hazardous Wastes.
The following non-RCRA hazardous wastes are subject to land disposal restrictions specified in this article.
(a) metal-containing aqueous waste that contains any metals or metal compounds identified in section 66261.24(a)(2)(A). For the purpose of this article, an aqueous waste is defined as a waste containing water, and less than or equal to one weight percent of suspended solids;
(b) auto shredder waste. For the purpose of this article, auto shredder waste is defined as the hazardous waste generated from the shredding of metallic materials including, but not limited to automobiles and appliances;
(c) hazardous waste foundry sand. For the purpose of this article, hazardous waste foundry sand is defined as waste sand or waste sand residue, generated by foundries using a sand molding process, that is considered hazardous according to the provisions of Chapter 11;
(d) fly ash, bottom ash, retort ash or baghouse waste from sources other than foundries that contains any of the metals or metal compounds identified in section 66261.24(a)(2). For the purposes of this article: "fly ash" means ash that is entrained in exhaust gases leaving the combustion equipment and which is captured in air pollution control equipment; "bottom ash" means ash remaining in the combustion equipment after incineration and includes boiler slag and oversized aggregated material; "retort ash" means ash from retorting such as from oil shale, zinc ore or coal carbonization; "baghouse waste from sources other than foundries" means dust that is collected in the baghouse or other dry air pollution control devices of facilities that are not foundries;
(e) baghouse waste from foundries that contains any of the metals or metal compounds identified in section 66261.24(a)(2). For the purposes of this article: "Baghouse waste from foundries" means dust that is collected in the baghouse or other dry air pollution control devices at ferrous and nonferrous foundries;
(f) Asbestos-Containing Waste. For the purpose of this article, asbestos-containing waste is defined as hazardous waste which exhibits the hazardous characteristics for asbestos as established in chapter 11.
Note: Authority cited: Sections 25150, 25159, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.3 and 25179.6, Health and Safety Code.
s 66268.30. Waste Specific Prohibitions -Wood Preserving Wastes.
(a) Effective August 11, 1997, the following wastes are prohibited from land disposal: the wastes specified in CCR, Title 22, chapter 11 as EPA Hazardous Waste numbers F032, F034, and F035.
(b) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA Hazardous waste numbers F032, F034, and F035.
(c) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032, F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) of this chapter.
(d) The requirements of subsections (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44; or
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to those wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable Universal Treatment Standard levels of section 66268.48 of this chapter, the waste is prohibited from land disposal, and all requirements of chapter 18 are applicable, except as otherwise specified.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.30.
s 66268.31. Waste Specific Prohibitions -Dioxin- Containing Wastes.
(a) Effective November 8, 1988, the dioxin-containing wastes specified in section 66261.31 of chapter 11 as EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, F027 and F028, are prohibited from land disposal unless the following condition applies: the F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and debris resulting from a response action taken under section 104 or 106 of CERCLA or a corrective action taken under Subtitle C of RCRA.
(b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing wastes listed in subsection (a) of this section are prohibited from land disposal.
(c) Between November 8, 1988 and November 8, 1990, wastes included in subsection (a) of this section may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) and all other applicable requirements of chapters 14 and 15 of this division.
(d) The requirements of subsections (a) and (b) of this section do not apply if:
(1) the wastes meet the standards of article 4 of this chapter; or
(2) persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(3) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to those wastes covered by the extension.
Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; 40 CFR Section 268.31.
s 66268.31.5. Waste Specific Prohibitions - Soils Exhibiting the Toxicity Characteristic for Metals and Containing PCBs.
(a) Effective December 26, 2000, the following wastes are prohibited from land disposal: any volumes of soil exhibiting the toxicity characteristic solely because of the presence of metals (D004-D011) and containing PCBs.
(b) The requirements of paragraph (a) of this section do not apply if:
(1)(A) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and
(B) The wastes meet the treatment standards specified in article 4 of this chapter for EPA hazardous waste numbers D004-D011, as applicable; or
(2)(A) The wastes contain halogenated organic compounds in total concentration less than 1,000 mg/kg; and
(B) The wastes meet the alternative treatment standards specified in section 66268.49 for contaminated soil; or
(3) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(4) The wastes meet applicable alternative treatment standards established pursuant to a petition granted under section 66268.44.
Note: Authority cited: Sections 25150, 25159, 25179.6 and 58102, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5 and 25179.6, Health and Safety Code; and 40 CFR Section 268.32.
s 66268.32. Waste Specific Prohibitions -California List Wastes.
(a) The following hazardous wastes are prohibited from land disposal effective on the specified date:
(1) effective January 1, 1984, liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm;
(2) effective June 1, 1983, liquid hazardous wastes, including free liquids associated with any solid or sludge, containing free cyanides at concentrations greater than or equal to 1000 mg/l. (continued)