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(continued)
(b)-(d) [Reserved]
(e) The following hazardous wastes are prohibited from land disposal effective on the specified date:
(1) effective January 1, 1985, liquid hazardous wastes that contain HOCs listed in Appendix III and Appendix III-A of this chapter, in total concentration greater than or equal to 1,000 mg/l; and
(2) [Reserved]
(f) The requirements of paragraphs (a), (d) and (e) of this section do not apply if:
(1) persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(2) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5 with respect to those wastes covered by the extension; or
(3) the wastes meet the applicable standards specified in article 4 of this chapter, or, where treatment standards are not specified, the wastes are in compliance with the applicable prohibitions set forth in this section.
(g) The prohibitions and effective dates specified in subsections (a)(3), (d) and (e) of this section do not apply where the waste is subject to a chapter 18, article 3 prohibition and effective date for a specified HOC (such as a hazardous waste chlorinated solvent).
(h) To determine whether or not a waste is a liquid under paragraphs (a) and (e) of this section, the following test shall be used: Method 9095 (Paint Filter Liquids Test) as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods," USEPA Publication No. SW-846, Third Edition. (Incorporated by reference, in section 66260.11(a) of this division.)
(i) Except as otherwise provided in this subsection, the waste analysis and recordkeeping requirements of section 66268.7 are applicable to wastes prohibited under this chapter.
(1) The initial generator of either a liquid hazardous waste containing polychlorinated biphenyls (PCBs) or a liquid or nonliquid hazardous waste containing halogenated organic compounds (HOCs), shall test the waste (not an extract or filtrate), or use knowledge of the waste, to determine whether the concentration levels in the waste equal or exceed the prohibition levels specified in this section. If the concentration of PCBs or HOCs in the waste is greater than or equal to the prohibition levels specified in this section, the waste is restricted from land disposal and all requirements of chapter 18 are applicable, except as otherwise specified in this section.
(2) The initial generator of liquid hazardous wastes containing free cyanides shall test the extract or filtrate to determine whether the concentration levels in the waste equal or exceed the prohibition levels specified in this section. If the concentration of free cyanides is greater than or equal to the prohibition levels specified in this section, the waste is restricted from land disposal and all requirements of chapter 18 are applicable, except as otherwise specified in this section.
(j) Effective July 8, 1992, nonliquid non-RCRA hazardous wastes containing halogenated organic compounds (HOCs) listed in Appendix III and Appendix III-A of this chapter in total concentration greater or equal to 1,000 mg/kg HOC are prohibited from land disposal. Non-RCRA hazardous waste is defined in section 66261.101 of chapter 11.
(1) The prohibitions and effective dates specified in subsections (k) & (l) of this section do not apply when a waste is restricted pursuant to section 66268.29 of Chapter 18.
(l) Lab packs containing restricted hazardous wastes identified under article 3 of this chapter, other than that hazardous waste identified in subsection (l) of this section, may be placed in a landfill, and:
(1) the restricted hazardous wastes in the lab pack are not subject to land disposal restrictions imposed by the USEPA Administrator pursuant to 40 CFR Part 268; or
(2) the restricted hazardous wastes in the lab pack are removed before disposal; or
(3) the restricted hazardous wastes in the lab pack have been treated in accordance with the applicable treatment standards specified in article 4 of this chapter.
(m) The following wastes, if they are non-RCRA hazardous wastes, are exempt from land disposal restrictions contained in this section:
(1) drilling fluids, produced waters and other fluids or materials which are brought to the surface in conjunction with the exploration, development or production of crude oil or natural gas, and which are reinjected;
(2) mining overburden as defined by the Surface Mining and Reclamation Act, Public Resources Code, section 2732 deposited within the mining permit area pursuant to a Surface Mining and Reclamation Act permit;
(3) contaminated soil from cleanup of any hazardous waste site pursuant to approval by the Department, unless the Department determines that a recycling or treatment process is technically and economically feasible to render the contaminated soil no longer a listed restricted hazardous waste.
(n) Hazardous wastes or land disposal methods that are exempt from the land disposal restrictions of this section remain subject to all of the other provisions of this chapter.

Note: Authority cited: Sections 208, 25150, 25159 and 25179.6, Health and Safety Code and Governor's Reorganization Plan Number 1 of 1991, Section 58012. Reference: Sections 25105, 25159, 25159.5 and 25179.6, Health and Safety Code; and 40 CFR Section 268.32.





s 66268.33. Waste-Specific Prohibitions -Chlorinated Aliphatic Wastes.
(a) Effective May 8, 2001, the wastes specified in section 66261.32 as EPA Hazardous Wastes Numbers K174 and K175, soils and debris contaminated with these wastes, radioactive wastes mixed with these wastes, and soils and debris contaminated with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of subsection (a) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under section 66268.44;
(4) Hazardous debris that has met treatment standards in section 66268.40 or the alternative treatment standards in section 66268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains regulated constituents in excess of the applicable treatment standards specified in article 4 of this chapter, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.
(d) Disposal of K175 wastes that have complied with all applicable treatment standards specified in section 66268.40 must also be macroencapsulated in accordance with section 66268.45, Table 1, unless the waste is placed in:
(1) A RCRA Subtitle C monofill containing only K175 wastes that meet all applicable section 66268.40 treatment standards; or
(2) A dedicated RCRA Subtitle C landfill cell in which all other wastes being co-disposed are at pH<=6.0.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.33.





s 66268.34. Waste Specific Prohibitions -Toxicity Characteristic Metal Wastes.
(a) Effective August 24, 1998, the following wastes are prohibited from land disposal: the wastes specified in CCR, Title 22, division 4.5, chapter 11 as EPA Hazardous Waste numbers D004-D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or debris from mineral processing operations that is identified as hazardous by the specification at CCR, Title 22, division 4.5, chapter 11.
(b) Effective November 26, 1998, the following waste is prohibited from land disposal: slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the presence of one or more metals pursuant to section 66261.24(a)(1) of this division.
(c) Effective May 26, 2000, the following wastes are prohibited from land disposal: newly identified characteristic wastes from elemental phosphorus processing; radioactive wastes mixed with EPA Hazardous wastes D004-D011 that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure); or mixed with newly identified characteristic mineral processing wastes, soil, or debris.
(d) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from elemental phosphorus processing, radioactive waste mixed with D004- D011 wastes that are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching Procedure but not the Extraction Procedure), or mixed with newly identified characteristic mineral processing wastes, soil, or debris may be disposed in a landfill or surface impoundment only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) of this chapter.
(e) The requirements of subsections (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44; or
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(f) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentration in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents (including underlying hazardous constituents in characteristic wastes) in excess of the applicable Universal Treatment Standard levels of section 66268.48 of this chapter, the waste is prohibited from land disposal, and all requirements of chapter 18 are applicable, except as otherwise specified.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.34.





s 66268.35. [Reserved].

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.35.





s 66268.36. [Reserved%.]

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.36.





s 66268.37. Waste Specific Prohibitions-Ignitable and Corrosive Characteristic Wastes Whose Treatment Standards Were Vacated.
Effective August 9, 1993, the wastes specified in section 66261.21 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in section 66261.22 as D002, that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA) or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.37.





s 66268.38. Waste Specific Prohibitions-Newly Identified Organic Toxicity Characteristic Wastes and Newly Listed Coke By-Product and Chlorotoluene Production Wastes.
(a) Effective December 19, 1994, the wastes specified in section 66261.32 as EPA Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with EPA Hazardous Waste numbers F037, F038, K107 - K112, K117, K118, K123- K126, K131, K132, K136, U328, U353, U359, and soil and debris contaminated with D012-D043, K141-K145, and K147-K151 are prohibited from land disposal. The following wastes that are specified in section 66261.24, Table 1 as EPA Hazardous Waste numbers: D012, D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025, D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038, D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that are zero dischargers that do not engage in CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or better than these technologies.
(b) On September 19, 1996, radioactive wastes that are mixed with D018-D043 that are managed in systems other than those whose discharge is regulated under the Clean Water Act (CWA), or that are zero dischargers that engage in CWA-equivalent treatment before ultimate land disposal are prohibited from land disposal. CWA-equivalent treatment means biological treatment for organics, alkaline chlorination or ferrous sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent chromium, or other treatment technology that can be demonstrated to perform equally or greater than these technologies. Radioactive wastes mixed with K141-K145, and K147-K151 are also prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994, and September 19, 1996, the wastes included in subsection (b) of this section may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in section 66268.5(h)(2) of this chapter.
(d) The requirements of subsections (a), (b), and (c) of this section do not apply if:
(1) the wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(3) the wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44 of this chapter; or
(4) persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable article 4 levels, the waste is prohibited from land disposal, and all requirements of chapter 18 of this division are applicable, except as otherwise specified.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; 40 CFR Section 268.38.





s 66268.39. Waste Specific Prohibitions -Spent Aluminum Potliners; Reactive; and Carbamate Wastes
(a) On July 8, 1996, the wastes specified in section 66261.32 as EPA Hazardous Waste numbers K156-K159 and K161; and in section 66261.33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.
(b) On July 8, 1996, the waste identified in Section 66261.23 as D003 that are managed in systems other than those whose discharge is regulated under the federal Clean Water Act (CWA), or that inject in Class I deep wells regulated under the federal Safe Drinking Water Act (SDWA) or that are zero dischargers that engage in federal CWA-equivalent treatment before ultimate land disposal, are prohibited from land disposal. This prohibition does not apply to unexploded ordnance and other explosive devices which have been the subject of an emergency response. (Such D003 wastes are prohibited unless they meet the treatment standard of DEACT before land disposal (see section 66268.40)).
(c) On September 21, 1998, the wastes specified in section 66261.32 as EPA Hazardous Waste number K088 are prohibited from land disposal. In addition, soil and debris contaminated with these wastes are prohibited from land disposal.
(d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited from land disposal. In addition, soil and debris contaminated with these radioactive mixed wastes are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998, the wastes included in subsections (a), (c), and (d) of this section may be disposed in a landfill or surface impoundment, only if such unit is in compliance with the requirements specified in section 66268.5(h)(2).
(f) The requirements of subsections (a), (b), (c), and (d) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition;
(3) The wastes meet the applicable alternate treatment standards established pursuant to a petition granted under section 66268.44;
(4) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to these wastes covered by the extension.
(g) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 66268.40, the initial generator shall test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable article 4 levels, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 268.39.





s 66268.39.5. Waste Specific Prohibitions -Newly Listed and Identified Wastes.
(a) Effective August 24, 1998, all newly identified D004-D011 wastes and characteristic mineral processing wastes, except those identified in subsection (b) of this section, are prohibited from underground injection.
(b) Effective May 26, 2000, RCRA characteristic wastes from titanium dioxide mineral processing, and radioactive wastes mixed with newly identified D004- D011 or mixed with newly identified characteristic mineral processing wastes, are prohibited from underground injection.
(c) Effective August 11, 1997, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers F032, F034, and F035 are prohibited from underground injection.
(d) Effective May 12, 1999, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers F032, F034, and F035 that are mixed with radioactive wastes are prohibited from underground injection.
(e) On July 8, 1996, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers K156-K161, P127, P128, P185, P188-P192, P194, P196-P199, P201- P205, U271, U277-U280, U364-U367, U372, U373, U375-U379, U381-U387, U389-U396, U400-U404, U407, and U409-U411 are prohibited from underground injection.
(f) On January 8, 1997, the wastes specified in section 66261.32 as EPA Hazardous Waste Number K088 is prohibited from underground injection.
(g) On April 8, 1998, the waste specified in section 66261.32 as EPA Hazardous Waste Numbers D018-D043, and Mixed TC/Radioactive wastes, are prohibited from underground injection.
(h) [Reserved]
(i) Effective February 8, 1999, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers K169, K170, K171, and K172 are prohibited from underground injection.
(j) Effective May 8, 2001, the wastes specified in section 66261.32 as EPA Hazardous Waste Numbers K174 and K175 are prohibited from underground injection.
(k) The requirements of subsections (a) through (j) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in article 4 of this chapter;
(2) Persons have been granted an exemption from a prohibition pursuant to a petition under section 66268.6, with respect to those wastes and units covered by the petition; or
(3) Persons have been granted an extension to the effective date of a prohibition pursuant to section 66268.5, with respect to those wastes covered by the extension.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25159, 25159.5 and 58012, Health and Safety Code; and 40 CFR Section 148.18.





s 66268.40. Applicability of Treatment Standards.
Note: The treatment standards that heretofore appeared in tables in sections 66268.41, 66268.42, and 66268.43 of this chapter have been consolidated into the table "Treatment Standards for Hazardous Wastes" in this section.
(a) A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste or in the treatment residue shall be at or below the values found in the table for that waste ( "total waste standards"); or,
(2) The hazardous constituents in the extract of the waste or in the extract of the treatment residue shall be at or below the values found in the table ( "waste extract standards"); or,
(3) The waste shall be treated using the technology specified in the table ( "technology standard"), which are described in detail in section 66268.42 Table 1 - Technology Codes and Description of Technology-Based Standards.
(b) For wastewaters, compliance with concentration level standards is based on maximums for any one day, except for D004 through D011 wastes for which the previously promulgated treatment standards based on grab samples remain in effect. For all nonwastewaters, compliance with concentration level standards is based on grab sampling. For wastes covered by the waste extract standards, the test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods." EPA Publication SW-846, as incorporated by reference in section 66260.11 (a)(19), shall be used to measure compliance. An exception is made for D004 and D008, for which either of two test methods may be used: Method 1311, or Method 1310, the Extraction Procedure Toxicity Test. For wastes covered by a technology standard, the wastes may be land disposed after being treated using that specified technology or an equivalent treatment technology approved by the Department under the procedures set forth in section 66268.42(b).
(c) When wastes with differing treatment standards for a constituent of concern are combined for purposes of treatment, the treatment residue shall meet the lowest treatment standard for the constituent of concern.
(d) Notwithstanding the prohibitions specified in subsection (a) of this section, treatment and disposal facilities may demonstrate (and certify pursuant to section 66268.7(b)(5)) compliance with the treatment standards for organic constituents specified by a footnote in the table "Treatment Standards for Hazardous Wastes" in this section, provided the following conditions are satisfied:
(1) The treatment standards for the organic constituents were established based on incineration in units operated in accordance with the technical requirements of article 15 of chapter 14 or based on combustion in fuel substitution units operating in accordance with applicable technical requirements;
(2) The treatment or disposal facility has used the methods referenced in subsection (d)(1) of this section to treat the organic constituents; and
(3) The treatment or disposal facility may demonstrate compliance with organic constituents if good-faith analytical efforts achieve detection limits for the regulated organic constituents that do not exceed the treatment standards specified in this section by an order of magnitude.
(e) For characteristic wastes (D001-D043) that are subject to treatment standards in the following table "Treatment Standards for Hazardous Wastes," and are not managed in a wastewater treatment system that is regulated under the federal Clean Water Act (CWA), that is federal CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well, all underlying hazardous constituents (as defined in section 66260.10) shall meet Universal Treatment Standards, found in section 66268.48, Table Universal Treatment Standards, prior to land disposal as defined in section 66260.10 of this division.
(f) The treatment standards for F001--F005 nonwastewater constituents carbon disulfide, cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of these constituents. Compliance is measured for these constituents in the waste extract from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test Method for Evaluating Solid Waste, Physical/Chemical Methods." EPA Publication SW-846, as incorporated by reference in section 66260.11 (a)(19). If the waste contains any of these three constituents along with any of the other 25 constituents found in F001--F005, then compliance with treatment standards for carbon disulfide, cyclohexanone, and/or methanol are not required.
(g) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes specified in section 66261.32 as EPA Hazardous Waste numbers K156-K159, and K161; and in section 66261.33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411; and soil contaminated with these wastes; may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST in section 66268.42 Table 1, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at section 66268.42 Table 1, for wastewaters.
(h) Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes containing metal constituents, that were previously treated by stabilization to the treatment standards in effect at that time and then put into storage, do not have to be re-treated to meet treatment standards in this section prior to land disposal.
(i) Zinc micronutrient fertilizers that are produced for the general public's use and that are produced from or contain recycled characteristic hazardous wastes (D004-D011) are subject to the applicable treatment standards in section 268.41 contained in the 40 CFR, parts 260 to 299, edition revised as of July 1, 1990.
(j) Effective September 4, 1998, the treatment standards for the wastes specified in section 66261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394, and U395 may be satisfied by either meeting the constituent concentrations presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the waste by the following technologies: combustion, as defined by the technology code CMBST at section 66268.42 Table 1 of this chapter, for nonwastewaters; and, biodegradation as defined by the technology code BIODG, carbon adsorption as defined by the technology code CARBN, chemical oxidation as defined by the technology code CHOXD, or combustion as defined as technology code CMBST at section 66268.42 Table 1 of this chapter, for wastewaters.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.40.





s 66268.41. Treatment Standards Expressed As Concentrations in Waste Extract.
For the requirements previously found in this section and for treatment standards in Table CCWE--Constituent Concentrations in Waste Extracts, refer to section 66268.40 of this chapter.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.41.





s 66268.42. Treatment Standards Expressed As Specified Technologies.
NOTE: For the requirements previously found in this section in Table 2 -- TECHNOLOGY-BASED STANDARDS BY RCRA WASTE CODE, and Table 3 -- TECHNOLOGY-BASED STANDARDS FOR SPECIFIC RADIOACTIVE HAZARDOUS MIXED WASTE, refer to section 66268.40 of this chapter.
(a)The following wastes in the table in section 66268.40 "Treatment Standards for Hazardous Wastes," for which standards are expressed as a treatment method rather than a concentration level, shall be treated using the technology or technologies specified in the table entitled "Technology Codes and Description of Technology-Based Standards" in this section.
(1) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 50 ppm but less than 500 ppm shall be incinerated in accordance with the technical requirements of 40 CFR 761.70 or burned in high efficiency boilers in accordance with the technical requirements of 40 CFR 761.60. Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 500 ppm shall be incinerated in accordance with the technical requirements of 40 CFR 761.70. Thermal treatment under this section shall also be in compliance with applicable regulations in chapters 14, 15, and 16.
(2) Nonliquid hazardous wastes containing halogenated organic compounds (HOCs) in total concentration greater than or equal to 1,000 mg/kg and liquid HOC-containing wastes that are prohibited under section 66268.32(e)(1) of this chapter shall be incinerated in accordance with the requirements of chapter 14, article 15 or chapter 15, article 15. These treatment standards do not apply where the waste is subject to a chapter 18, article 4 treatment standard for a specific HOC (such as a hazardous waste chlorinated solvent for which a treatment standard is established under section 66268.41(a)).
(b) Any person may submit an application to the Department demonstrating that an alternative treatment method will result in a level of performance substantially equivalent or greater than that achievable using the method or methods specified in paragraphs (a), (c) and (d) of this section for wastes or hazardous debris specified in Table 1 of section 66268.45. The applicant shall demonstrate that the USEPA Administrator has approved the use of the alternative treatment method pursuant to 40 CFR 268.42(b). The approval shall demonstrate to the satisfaction of the Department that the method is in compliance with all federal, state and local requirements and is protective of human health and the environment. On the basis of such information and any other available information, the Department may approve the use of the alternative treatment method if the Department finds that the alternative treatment method will result in a level of performance substantially equivalent or greater than that achievable using the methods specified in subsections (a), (c) and (d) of this section for wastes or hazardous debris specified in Table 1 of section 66268.45. Any approval shall be stated in writing and may contain such provisions and conditions as the Department deems appropriate. The person to whom such approval is issued shall comply with all limitations contained in such a determination.
(c) As an alternative to the otherwise applicable article 4 treatment standards, lab packs are eligible for land disposal provided the following requirements are met:
(1) the lab packs comply with the applicable provisions of section 66264.316 and section 66265.316;
(2) the lab pack does not contain any of the wastes listed in Appendix IV to chapter 18;
(3) the lab packs are incinerated in accordance with the requirements of article 15, chapter 14 or article 15, chapter 15 and;
(4) any incinerator residues from lab packs containing D004, D005, D006, D007, D008, D010, and D011 are treated in compliance with the applicable treatment standards specified for such wastes in article 4, chapter 18.
(d) Radioactive hazardous mixed wastes are subject to the treatment standards in section 66268.40. Where treatment standards are specified for radioactive mixed wastes in the Table of Treatment Standards, those treatment standards will govern. Where there is no specific treatment standard for radioactive mixed waste, the treatment standard for the hazardous waste (as designated by EPA waste code) applies. Hazardous debris containing radioactive waste is subject to the treatment standards specified in section 66268.45.
Table 1. -Technology Codes and Description of Technology-Based Standards
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
Table 1. -Technology Codes and Description of Technology-Based Standards (cont'd)
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
Note 1: When a combination of these technologies (i.e., a treatment train) is specified as a single treatment standard, the order of application is specified in Section 66268.42, Table 2 by indicating the five letter technology code that must be applied first, then the designation "fb." (an abbreviation for "followed by"), then the five letter technology code for the technology that must be applied next, and so on.
Note 2: When more than one technology (or treatment train) are specified as alternative treatment standards, the five letter technology codes (or the treatment trains) are separated by a semicolon (;) with the last technology preceded by the word "OR". This indicates that any one of these BDAT technologies or treatment trains can be used for compliance with the standard.





s 66268.43. Treatment Standards Expressed As Waste Concentrations.
For the requirements previously found in this section and for treatment standards in Table CCW - Constituent Concentrations in Wastes, refer to section 66268.40.

Note: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code. Reference: Sections 25150, 25159, 25159.5, 25179.6 and 58012, Health and Safety Code; 40 CFR Section 268.42.





s 66268.44. Variance from a Treatment Standard.
(a) Based on a petition filed by a generator or treater of RCRA hazardous waste, the USEPA Administrator may approve a variance from an applicable treatment standard if:
(1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner shall either demonstrate that:
(A) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media); or
(B) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.
(b) For hazardous waste subject to RCRA land disposal restrictions set forth in article 4 of this chapter, the applicant shall petition the U.S. EPA Administrator for a variance from a treatment standard pursuant to 40 CFR section 268.44. Within 30 days after the applicant has received from the U.S. EPA Administrator an approved variance from a treatment standard, the applicant shall submit to the Department a copy of the approved variance.
(c) For hazardous waste listed in section 66268.29 of this chapter subject to non-RCRA land disposal restrictions set forth in article 11 of this chapter, the applicant shall petition the Department for a variance from a treatment standard pursuant to this section and section 25179.8, Health and Safety Code. Each petitioner shall demonstrate that all the following conditions apply to the waste.
(1) The hazardous waste cannot be recycled, reused, or treated to meet the standards adopted by the department pursuant to section 25179.6 California Health and Safety Code at a commercial offsite hazardous waste facility in the state.
(2) Recycling or treatment alternatives cannot be provided at the site of generation.
(3) Measures have been, or will be, taken to reduce the generation of the hazardous waste.
(4) Land disposal of the hazardous waste is in compliance with all existing statutes and regulations.
(d) A generator, treatment facility, or disposal facility that is managing a waste covered by a variance from the treatment standards shall comply with the waste analysis requirements for restricted wastes found under section 66268.7.
(e) During the petition review process, the applicant is required to comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.
(f) Based on a petition filed by a generator or treater of RCRA hazardous waste, the Department may approve a site-specific variance from an applicable treatment standard pursuant to this section and Health and Safety Code section 25179.8 if:
(1) It is not physically possible to treat the waste to the level specified in the treatment standard, or by the method specified as the treatment standard. To show that this is the case, the petitioner shall demonstrate that because the physical or chemical properties of the waste differ significantly from waste analyzed in developing the treatment standard, the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the treatment standard or by the method specified as the treatment standard, even though such treatment is technically possible. To show that this is the case, the petitioner shall either demonstrate that:
(A) Treatment to the specified level or by the specified method is technically inappropriate (for example, resulting in combustion of large amounts of mildly contaminated environmental media where the treatment standard is not based on combustion of such media); or
(B) For remediation waste only, treatment to the specified level or by the specified method is environmentally inappropriate because it would likely discourage aggressive remediation.
(3) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) the concentrations necessary to minimize short- and long-term threats to human health and the environment. Treatment variances approved under this subsection shall:
(A) At a minimum, impose alternative land disposal restriction treatment standards that, using a reasonable maximum exposure scenario:
1. for carcinogens, achieve constituent concentrations that result in the total excess risk to an individual exposed over a lifetime generally falling within a range from 10-<>4 to 10-<>6; and
2. for constituents with non-carcinogenic effects, achieve constituent concentrations that an individual could be exposed to on a daily basis without appreciable risk of deleterious effect during a lifetime.
(B) not consider post-land-disposal controls.
(4) For contaminated soil only, treatment to the level or by the method specified in the soil treatment standards would result in concentrations of hazardous constituents that are below (i.e., lower than) natural background concentrations at the site where the contaminated soil will land disposed.
(5) Public notice and a reasonable opportunity for public comment shall be provided before granting or denying a petition.
(g) Each petition shall be submitted to the Department and shall include:
(1) The petitioner's name and address;
(2) A statement of the petitioner's interest in the proposed action;
(3) A description of the proposed action, including (where appropriate) suggested regulatory language; and
(4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.
(h) For hazardous waste listed in section 66268.29 of this chapter subject to non-RCRA land disposal restrictions set forth in article 11 of this chapter, the applicant shall petition the Department for a site-specific variance from a treatment standard pursuant to this section and section 25179.8, Health and Safety Code. Each petitioner for a site-specific variance shall demonstrate that all the following conditions apply to the waste.
(1) The hazardous waste cannot be recycled, reused, or treated to meet the standards adopted by the department pursuant to section 25179.6 California Health and Safety Code at a commercial offsite hazardous waste facility in the state.
(2) Recycling or treatment alternatives cannot be provided at the site of generation.
(3) Measures have been, or will be, taken to reduce the generation of the hazardous waste.
(4) Land disposal of the hazardous waste is in compliance with all existing statutes and regulations.
(i) A generator, treatment facility, or disposal facility that is managing a waste covered by a site-specific variance from a treatment standard shall comply with the waste analysis requirements for restricted wastes found under section 66268.7.
(j) During the application review process, the applicant for a site-specific variance shall comply with all restrictions on land disposal under this chapter once the effective date for the waste has been reached.
(k) After receiving a petition pursuant to subsections (c), (f), and (h) for variance from a treatment standard, the Department may request any additional information or samples which the Department may require to evaluate the petition. Additional copies of the petition may be requested as needed. Within 45 days of the receipt of the petition, the Department shall inform the petitioner, in writing, that the petition is complete and accepted for filing, or that the petition is deficient and what specific information is required.
(l) The Department shall make a decision on a petition pursuant to subsections (c), (f), and (h) for variance from a treatment standard within 120 days of the filing of a completed petition.
(m) For all variances, the petitioner shall also demonstrate that compliance with any given treatment variance is sufficient to minimize threats to human health and the environment posed by land disposal of the waste. In evaluating this demonstration, the Department may take into account whether a treatment variance should be approved if the subject waste is to be used in a manner constituting disposal.

Note: Authority cited: Sections 25150, 25159, 25179.5, 25179.6 and 58012, Health and Safety Code and Section 15376, Government Code. Reference: Sections 25150, 25159, 25159.5 and 25179.8, Health and Safety Code; Section 15376, Government Code; 40 CFR Section 268.44.





s 66268.45. Treatment Standards for Hazardous Debris.
(a)Treatment standards. Hazardous debris shall be treated prior to land disposal as follows unless the Department determines under section 66261.3(e)(2) of this division that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this article for the waste contaminating the debris;
(1)General. Hazardous debris shall be treated for each "contaminant subject to treatment" defined by paragraph (b) of this section using the technology or technologies identified in Table 1 of this section.
(2)Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under sections 66261.21, 66261.22, and 66261.23, respectively, shall be deactivated by treatment using one of the technologies identified in Table 1 of this section.
(3)Mixtures of debris types.The treatment standards of Table 1 in this section shall be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.
(4)Mixtures of contaminant types. Debris that is contaminated with two or more contaminants subject to treatment identified under paragraph (b) of this section shall be treated for each contaminant using one or more treatment technologies identified in Table 1 of this section. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.
(5)Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR part 761 is subject to the requirements of either 40 CFR part 761 or the requirements of this section, whichever are more stringent.
(b)Contaminants subject to treatment. Hazardous debris shall be treated for each "contaminant subject to treatment." The contaminants subject to treatment shall be determined as follows:
(1)Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the Toxicity Characteristic (TC) by section 66261.24(a)(1) are those EP constituents for which the debris exhibits the TC toxicity characteristic.
(2)Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under section 66268.40.
(3)Cyanide reactive debris. Hazardous debris that is reactive because of cyanide shall be treated for cyanide.
(c)Conditioned exclusion of treated debris. Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 of this section and that does not exhibit a characteristic of hazardous waste as identified in article 3 of chapter 11 of this division after treatment is not a hazardous waste and need not be managed in a hazardous waste facility. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and shall be managed in a hazardous waste facility. (continued)