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s 67261. Special Requirements for Ignitable or Reactive Waste for Both Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67262. Special Requirements for Incompatible Wastes for Both Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67280. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67281. Design and Operating Requirements for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150, 25159 and 25159.5, Health and Safety Code.
s 67286. Monitoring and Inspection for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67287. Emergency Repairs; Contingency Plans for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67288. Closure and Post-Closure Care of Surface Impoundments at Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code .
s 67310. General Operating Requirements for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67311. Containment System for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67312. Waste Analysis and Trial Tests for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67314. Inspections for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67316. Closure and Post-Closure Care for Surface Impoundments at Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67317. Special Requirements for Ignitable or Reactive Waste for Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5, and 25250, Health and Safety Code.
s 67318. Special Requirements for Incompatible Wastes for Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67340. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67341. Design and Operating Requirements for Waste Piles at Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159 and 25159.5, Health and Safety code.
s 67342. Double-Liners and Leak Detection System for Waste Piles at Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25150(a), 25159 and 25159.5, Health and Safety Code.
s 67344. Monitoring and Inspection for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67346. Protection from Wind for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67347. Waste Analysis for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67348. Containment for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67349. Special Requirements for Ignitable or Reactive Waste for Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67350. Special Requirements for Incompatible Wastes for Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67351. Closure and Post-Closure Care of Waste Piles at Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67360. Applicability.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67361. Treatment Program for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67362. Treatment Demonstration for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67363. Design and Operating Requirements for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67368. Unsaturated Zone Monitoring for Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67369. Closure and Post-Closure Care of Land Treatment Units at Permitted Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67371. General Operating Requirements for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67372. Waste Analysis for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67377. Unsaturated Zone Monitoring for Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67378. Closure and Post-Closure Care of Land Treatment Units at Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159, 25159.5 and 25245, Health and Safety Code.
s 67379. Recordkeeping for Both Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67381. Special Requirements for Ignitable or Reactive Waste at Both Permitted and Interim Status Facilities.
Note: Authority cited: Section 208, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67382. Special Requirements for Incompatible Wastes for Both Permitted and Interim Status Facilities.
Note: Authority cited: Section 28, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code.
s 67383.1. Applicability.
(a) This chapter establishes minimum standards for the management of all underground and aboveground tank systems that held hazardous waste or hazardous materials, and are to be disposed, reclaimed or closed in place, except as provided in subsections (b), (c) and (d) of this section.
(b) The requirements of this chapter do not apply to tank systems regulated under a hazardous waste facility permit, other than a permit by rule, or to tank systems regulated under a grant of interim status.
(c) The requirements of this chapter do not apply to a tank system or any portion thereof that meets the definition of "scrap metal" in section 66260.10 and that is excluded from regulation pursuant to section 66261.6(a)(3)(B).
(d) The requirements of this chapter do not apply to any tank that is not a hazardous waste pursuant to chapter 11 of this division.
Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Section 25150, Health and Safety Code.
s 67383.2. Definitions.
When used in this chapter, the following terms have the meanings given below:
"Closed in place" means left in place and closed without being removed.
"Disposal" has the same meaning as in section 66260.10, except that the term disposal does not include tanks that are closed in place pursuant to the requirements of this chapter or title 23, California Code of Regulations.
"LIA" means the "local implementing agency" or local agency responsible for the enforcement and regulatory oversight of hazardous material storage tanks pursuant to section 25283 of the Health and Safety Code.
"Tank" means a stationary device, designed to contain an accumulation of hazardous waste or hazardous material, which is constructed primarily of nonearthen materials (e.g., wood, concrete, steel, plastic) that provides structural support.
"Tank system" means a hazardous waste or a hazardous material transfer, storage or treatment tank and its associated ancillary equipment and containment system.
Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25124 and 25283, Health and Safety Code.
s 67383.3. General Standards for Tank Systems.
(a) Except as provided in subsections (b), (c), and (d) of section 67383.1, any tank system that is identified as a hazardous waste pursuant to chapter 11 of this division, and that is destined to be disposed, reclaimed or closed in place shall be exempt from regulation under this division if the tank system is managed in accordance with all of the requirements of this section:
(1) Prior to initiating cleaning, cutting, dismantling, or excavation of a tank system, the owner or operator of the tank system shall notify the appropriate CUPA in writing of the information specified below. If there is no CUPA, then the owner or operator shall notify the LIA and send a copy to the authorized agency. However, information already provided to the CUPA, authorized agency or LIA pursuant to compliance with another statutory or regulatory requirement need not be resubmitted:
(A) The location of the tank system;
(B) The date(s) the tank system will be cleaned and/or excavated, or closed in place;
(C) A brief description of the tank system;
(D) The identification of the hazardous material or hazardous waste last held in the tank supported by:
1. A statement signed by the tank operator certifying the identity of the material or waste last stored or accumulated in the tank; or
2. If residuals remain in the tank in sufficient quantity to be collected and analyzed, a chemical analysis of the residual in the tank;
(E) The name and credentials of the individual who will provide certification pursuant to subsection (f), when applicable; and
(F) The intended disposition and destination of the tank system.
(b) Except as provided in subsection (c), any of the following procedures may be used for the onsite cleaning and closure of a tank system:
(1) American Petroleum Institute, Recommended Practice for the Closure of Underground Petroleum Storage Tanks, API Publication 1604, Third Edition, American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005, March 1996;
(2) American Petroleum Institute, Safe Entry and Cleaning of Petroleum Storage Tanks, API Publication 2015, American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005, May 1994;
(3) National Fire Protection Association, Standard Procedures for Cleaning or Safeguarding Small Tanks and Containers Without Entry, NFPA 327, 1993 Edition;
(4) Procedures approved by the CUPA, authorized agency or LIA.
(c) Non-sparking, cold-cutting tools or a non-sparking cold-cutting process shall be used if the tank held a flammable or combustible material, and the tank, piping and/or appurtenances are to be cut onsite, unless an alternate method is approved by the CUPA, authorized agency or LIA.
(d) All sludge, scale, debris, residue, and rinseate generated during the tank closure process shall be managed in accordance with all applicable requirements of this division.
(e) At the completion of the cleaning process the tank system shall meet all of the following:
(1) All piping and appurtenances shall be free of product, sludge, rinseate and debris to the extent that no material can be poured or drained from them when held in any orientation (e.g., tilted, inverted, etc).
(2) The tank, upon inspection, shall be visually free of product, sludge, scale (thin, flaky residual of tank contents), rinseate and debris, except that residual staining caused by soil and waste consisting of light shadows, slight streaks, or minor discolorations, and soil and waste in cracks, crevices, and pits may be present.
(A) The inspection to verify that the requirements of subsection (e)(2) are met shall be conducted
1. through an existing manhole in the tank or one newly installed in the tank, or through holes cut into the tank wall in accordance with the requirements of this section so as to allow for visual inspection of the entire tank interior, without the need to enter the tank physically or
2. if the tank is not cut, following cleaning, by using a light with an internal inspection lamp approved for Class I, Division I locations, a mirror to reflect light into the container, or other appropriate device upon approval of the CUPA, authorized agency or LIA.
(B) If the tank held a hazardous material or hazardous waste that had the potential to generate flammable vapors, and the tank was cut onsite, a combustible gas indicator (CGI) which is properly calibrated shall be used to measure the concentration of flammable vapor at the top, center and bottom of the cut tank. The concentration of flammable vapor shall be zero percent of the Lower Explosive Limit (LEL) for the material that was contained in the tank; and the oxygen concentration shall be the same as that of the ambient air, approximately 20.8%;
(C) If the tank held a hazardous material or hazardous waste that had the potential to generate flammable vapors, is intended to be transported, and was not cut onsite, the tank shall be cleaned and inerted using one of the methods listed in subsection (b), inspected pursuant to subsection (e)(2)(A)2 and transported in accordance with the provisions of section 67383.5. (The tank shall be inspected to ensure that it meets the conditions of paragraph (2) of this subsection before it is inerted.)
(D) If a tank has been cut onsite, but it is not to be transported offsite or closed in place, it shall be cleaned using one of the methods specified in subsection (b) and inspected pursuant to subsection (e)(2)(A)1.
(f) The cleaned tank system shall be certified as meeting the standards of paragraphs (e)(1) and (2) of this section by the CUPA, authorized agency or LIA, or one of the following professionals, certified or registered in California:
(1) certified industrial hygienist;
(2) certified safety professional;
(3) certified marine chemist;
(4) registered environmental health specialist;
(5) registered professional engineer; or
(6) registered environmental assessor, Class II, as defined in section 25570.3, Health and Safety Code; or
(7) a contractor properly licensed by the Contractor's State License Board (CSLB) to contract for the removal of underground storage tanks and who holds a Hazardous Substance Removal Certification issued by the CSLB.
(g) The certificate issued pursuant to subsection (f) of this section shall be submitted on the Hazardous Waste Tank Closure Certification page of the Unified Program Consolidated Form (x/99)), Appendix E of Title 27 CCR, or an alternative version or a computer generated facsimile as allowed pursuant to Title 27, CCR, Sections 15610 and 15620. The submittal must include the Business Activities Page, and the Business Owner/Operator pages of the Unified Program Consolidated Form (x/99)). The certificate shall include the following:
(1) the tank owner's name and address;
(2) the address of tank closure site;
(3) the tank's State identification number, if applicable;
(4) the statement that the tank is visually free of product, sludge, scale, rinseate and debris;
(5) if applicable, the tank's interior atmosphere readings for concentrations of flammable vapor and oxygen;
(6) the name, professional classification, registration or certification number if applicable, signature, address and phone number of the certifying person; and
(7) the date and time of certification.
(h) Copies of the certificate shall be provided to the following:
(1) CUPA, authorized agency or LIA;
(2) owner and/or operator of the tank system;
(3) the contractor responsible for the removal of the tank system; and
(4) the recycling or disposal facility to which the tank is transported.
(i) A copy of the certificate shall accompany the tank to the recycling/disposal facility.
(j) A person who treats a tank by employing physical methods to satisfy the standard in subsection (e)(2) is authorized to perform such treatment for purposes of Health and Safety Code Section 25201.
Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25117, 25124 and 25201, Health and Safety Code.
s 67383.4. Management Procedure to Close Hazardous Material or Hazardous Waste Tank Systems in Place.
The owner or operator of a tank system to be closed in place shall do all of the following:
(a) Comply with Section 25298 of the Health and Safety Code, if applicable.
(b) Obtain CUPA, authorized agency or LIA approval to close the tank system pursuant to Title 23, CCR, section 2672(c), if applicable.
(c) Clean the tank and comply with all of the requirements of section 67383.3.
(d) After the provisions of section 67383.3 are met, fill the tank with a solid inert material.
Note: Authority cited: Sections 25141, 25150, 25159 and 58012, Health and Safety Code. Reference: Sections 25117 and 25124, Health and Safety Code.
s 67383.5. Transportation of Uncut Tanks that Contained Hazardous Material or Hazardous Waste.
Any tank intended to be transported, that is not cut onsite, has been cleaned pursuant to the provisions of section 67383.3, and has the potential to generate flammable vapors, shall be subject to the following requirements for transportation:
(a) The tank's interior atmosphere shall be inerted with carbon dioxide or with another inert gas approved by the CUPA, authorized agency or LIA to levels sufficient to preclude explosion or to lower levels as required by the local agency;
(1) If the tank will be inerted with carbon dioxide, dry ice may be used at a minimum of 1 pound of dry ice per 45 gallons of tank volume (22.2 pounds per 1000 gallons of tank capacity) or bottled CO 2 may be used to inert the tank until the tank meets the required levels.
(2) All LEL readings shall be taken with a CGI that has been properly calibrated. The readings shall be taken at the top, center and bottom of the tank before the tank is loaded onto the transport vehicle.
(b) All openings in the tank shall be plugged, except for a 1/8 inch vent.
(c) All cracks, holes, or other damaged sections shall be plugged. If holes or cracks in the tank walls, piping or appurtenances could allow the release of hazardous constituents, the tank, piping and/or appurtenances shall be wrapped in plastic sheeting or another appropriate barrier compatible with and capable of containing the release. If the barrier becomes contaminated during use, it shall be managed in accordance with the applicable requirements of this division.
TABULAR OR GRAPHIC MATERIAL SET AT THIS POINT IS NOT DISPLAYABLE
Note: Authority cited: Sections 25150, 25159 and 58012, Health and Safety Code. Reference: Section 25150, Health and Safety Code.
s 67384.1. Scope.
(a) This chapter establishes the best management practices for perchlorate materials as described in section 67384.2.
(b) A person may not manage perchlorate materials unless the management complies with the best management practices of this chapter.
(c) Nothing in this chapter is a limitation on the power of any other governmental agency to adopt or enforce additional requirements related to the management of perchlorate materials.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.7, Health and Safety Code.
s 67384.2. Applicability.
(a) Effective July 1, 2006, the best management practice requirements of this chapter shall apply to all persons managing perchlorate materials as described in section 67384.3, except those listed in subsection (b) of this section.
(b) The requirements of this chapter do not apply to the following perchlorate materials:
(1) Perchlorate materials managed as a hazardous waste in compliance with all applicable requirements of California hazardous waste law;
(2) Perchlorate-contaminated media under the oversight of a regulatory agency with jurisdiction pursuant to applicable environmental statutes that address response, removal or remediation of the perchlorate contamination, except when disposed at a landfill;
(3) Perchlorate materials containing less than six (6) parts per billion (ppb) of perchlorate;
(4) Consumer goods manufactured in California prior to, but no later than December 31, 2006, and consumer goods transported into California prior to, but no later than to December 31, 2006;
(5) Food, crops, and irrigation water; and
(6) Combustion residuals of perchlorate materials.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.3. Definitions.
The definitions set forth in section 66260.10 of this division shall apply unless otherwise defined. The following definitions shall apply to the terms used in this chapter:
"Area of Interest" means the area immediately adjacent to the point of use within the site, but limited to that property under the control of the business.
"Business" means an employer, self-employed individual, trust, firm, joint stock company, corporation, partnership, or association. "Business" includes a business organized for profit, a nonprofit business and all of the following:
(a) The federal government, to the extent authorized by federal law.
(b) Any agency, department, office, board, commission, or bureau of state government, including, but not limited to, the campuses of the California Community Colleges, the California State University, and the University of California.
(c) Any agency, department, office, board, commission, or bureau of a city, county or district.
"Commercial" means used by a business to generate revenue or promote the sale of goods or services. "Commercial" does not include material or products used under federal, military, or space launch contract requirements.
"Commercial explosive" does not include fireworks or dangerous fireworks.
"Combustion residual" means any paper, ash, wire, or other physical material that remains after the perchlorate-containing material has been substantially consumed. "Combustion residual" does not include items that retain inherent explosive properties, or treatment residuals of perchlorate-containing waste.
"Consumer commodity" means a material that is packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for personal or household use.
"Consumer good" means a product or commodity used by a business that is packaged in a form similar to a consumer commodity.
"Crop" means an agricultural product grown and harvested for sale or consumption.
"Dangerous fireworks" means dangerous fireworks as defined in Health and Safety code sections 12505 and 12561 and the relevant sections of title 19, Code of Regulations, subchapter 6.
"Department" means the Department of Toxic Substances Control.
"Discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying or dumping of waste into or on any land or water.
"End user" means the person who utilizes a product for the product's intended end use.
"EPA ID Number" means the identification number as defined in section 66260.10.
"Food" means any raw or processed substance, beverage, including water, or ingredient intended to be used as food, drink, confection, or condiment for human or other animal consumption.
"Household" means a single detached residence or a single unit of a multiple residence unit and all appurtenant structures. "Household" does not mean a hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility.
"Household waste" means any materials, including garbage or trash that is generated by residents through the use of a consumer commodity in a household.
"Managing perchlorate materials" means generation, storage, transportation, manufacture, processing, fabrication, packaging, use, reuse, treatment, transfer, pumping, recovery, recycling, spill response, disposal, and discharge.
"Material Safety Data Sheet" means written or printed material concerning a hazardous chemical which is prepared in accordance with title 29 of the Code of Federal Regulations, section 1910.1200(g).
"Military munitions," as defined in title 40 of the Code of Federal Regulations, section 260.10, means all ammunition products and components produced or used by or for the U.S. Department of Defense (DOD) or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed. "Military munitions" does not include dangerous fireworks.
"NAICS" means the North American Industry Classification System
"Net explosive weight" means the weight of all pyrotechnic compositions, explosives material, and fuse only.
"Non-hazardous waste" means a waste that does not meet the definition of hazardous waste as defined in both Health and Safety Code section 25117 and section 66261.3 of this division.
"Packaging" means a receptacle and any other components or materials necessary for the receptacle to perform its containment function in conformance with the minimum packing requirements of this chapter.
"Perchlorate-containing device" means a product that is constructed and maintained such that it meets the packaging requirement in section 67384.5(a) of this chapter.
"Perchlorate-contaminated media" means soil, sediment, surface water, groundwater contaminated with perchlorate.
"Perchlorate material" means all perchlorate-containing materials including perchloric acid and perchlorate compounds. "Perchlorate material" includes all forms of matter, goods, and products and shall not be limited by other statutory or regulatory definitions of "material."
"Pyrotechnic operator" means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the license granted.
"Public display of fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of fireworks.
"Public safety activity" means any activity intended to protect people or property, including, but not limited to, law enforcement services, fire protection and suppression, emergency medical care, tow operations, emergency services, public utility service and repair, homeland security, and highway maintenance and repair.
"RWQCB" means a California Regional Water Quality Control Board.
"Safe and sane fireworks" means state-approved fireworks defined in Health and Safety Code sections 12529 and 12562 and the relevant sections of Title 19, California Code of Regulations, subchapter 6.
"Spill" means unintentional release of perchlorate material. "Spill" does not include:
(a) perchlorate-contaminated media excluded under section 67384.2(b)(2) of this chapter; or
(b) perchlorate material remaining or resulting from the intended use of the product.
"Star" means a small pellet of composition that produces a pyrotechnic effect. A single aerial firework shell could contain several hundred stars.
"SWRCB" means the California State Water Resources Control Board.
"Storage" means the act of storing or holding perchlorate material.
"Wastewater" means a perchlorate-containing water that is a waste.
"Water-resistant package" means a package that when closed, under conditions incidental to handling, is substantially impervious to rain, spray, and run on.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.4. Labeling Best Management Practice Requirements for Perchlorate Materials.
(a) Persons who manufacture perchlorate materials, repackage perchlorate materials, distribute perchlorate materials for sale, receive perchlorate materials for resale or use in California, or generate a perchlorate containing waste shall ensure that the perchlorate materials are properly labeled. Labels shall be applied conspicuously on the exterior of all outer shipping packages and on consumer packages. All perchlorate material, except those materials listed in subsection (b) of this section, shall be labeled or marked clearly with the following, "Perchlorate Material - special handling may apply, See www.dtsc.ca.gov/hazardouswaste/perchlorate."
(b) The best management practice requirements of this section do not apply to the following perchlorate materials:
(1) Household waste;
(2) Perchlorate-containing water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(3) Perchlorate materials used or maintained at a site where all personnel handling the perchlorate material have received instruction on and comply with the perchlorate Best Management Practice requirements of this chapter;
(4) Perchlorate materials while accompanied by a Material Safety Data Sheet, shipping document, or package insert that includes all the information required in the label pursuant to subsection (a);
(5) Finished products produced pursuant to federal, military or space launch contract requirements;
(6) Wastewaters that are discharged under the oversight of a regulatory agency with jurisdiction over discharges;
(7) Non-hazardous perchlorate wastes resulting from the use of safety flares during a public safety activity; and
(8) Perchlorate materials registered as pesticides pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act.
(c) The best management practice requirements of this section do not apply to the end user of any of the following:
(1) consumer goods;
(2) consumer commodities; and
(3) fertilizers.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.5. Packaging Best Management Practices Requirement for Perchlorate Materials.
(a) Each package used for the containment of perchlorate materials under this section, unless contained as specified in section 67384.6, shall:
(1) be designed, constructed, maintained, filled, its contents so limited, and closed, so that under conditions normally incident to handling, there will be no identifiable release of perchlorate materials to the environment; and
(2) be contained in a water-resistant package.
(b) Perchlorate-containing products that are constructed and maintained such that they meet the packaging requirement of subsection (a) need not also comply with the containment requirements specified in section 67384.6.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.6. Containment Best Management Practice Requirements for the Storage, Processing and Manufacturing of Perchlorate Materials.
(a) Unless listed in subsection (b) of this section, perchlorate materials not packaged or constructed as specified in section 67384.5 during storage, processing and manufacturing, shall be contained in weather-resistant structures with floors that:
(1) are adequately water-resistant to prevent seepage into or out of the containment structure;
(2) do not have drains that release to the environment unless the discharge complies with section 67384.10; and
(3) are of adequate strength to support the loads.
(b) Containment requirements specified in this section shall not apply to the following:
(1) Perchlorate-containing water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(2) Manufacturing processes, which because of explosion risk, are not conducted within a weather-resistant structure, but meet all other requirements of subsection (a) above;
(3) Fertilizers stored by end users for less than thirty (30) days on the site of intended application;
(4) Consumer commodities used or stored at a household; and
(5) Safe and sane fireworks sold or offered for sale at a permitted temporary retail outlet.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.7. One-Time Notification Best Management Practice Requirements for Perchlorate Materials.
(a) On or before September 1, 2007 a business managing perchlorate materials in the course of its operations in an amount greater than 500 pounds of solids or 55 gallons of liquids, at any one time, shall submit to the Department a one-time notification regarding perchlorate materials. The notification shall cover activities occurring between July 1, 2006 and June 30, 2007 and shall include the following:
Business Name______________ _____
Location Address___________ _____
Mailing Address____________ _____
Business NAICS_____________ _____
Nature of Business
______________________________________
______________________________________
______________________________________
EPA ID Number
(if available)
______________________________________
______________________________________
______________________________________
Environmental
Contact Name_______________ _____
Title of Contact Person____ _____
Mailing Address____________ _____
E-mail Address_____________ _____
Phone Number
______________________________________
______________________________________
______________________________________
List of Perchlorate
Materials Handled:_________ _____
_________
_________
_________
Has the business plan has been updated to include perchlorate-containing materials pursuant to Health and Safety Code section 25504.1? Yes or No
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
Check the
appropriate
boxes to
identify if
the quantity
is:
How much perchlorate materials... None Less than Greater
or than or
equal equal
to 500 to 500
pounds pounds
of of
solids or solids or
55 55
gallons gallons
of
of liquid a
liquids year
a year
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
does your business manufacture or
process?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
does your business use to manufacture or
produce a product?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are used or combusted?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are stored?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are offered for sale or procurement?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are generated as waste?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are treated or recycled onsite?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are treated or recycled offsite?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are discharged under a permit or waiver
issued by
the SWRCB or a RWQCB?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
are sent for offsite disposal?
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
(b) A material meeting the definition of perchlorate material solely because it contains one or more perchlorate-containing devices shall include only the weight of the perchlorate-containing devices in determining the notification threshold weight of subsection (a).
(c) A business shall not include the following perchlorate-containing materials in determining the notification threshold of subsection (a):
(1) Military munitions managed in accordance with Department of Defense regulations;
(2) Water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(3) Sanitizer, disinfectant, or bleach that is packaged as a consumer commodity;
(4) Wastewater that is discharged under the oversight of a regulatory agency with jurisdiction over discharges;
(5) Fertilizer that has been reported pursuant to Food and Agriculture Code sections 14621-14623; and
(6) Safe and sane fireworks sold or offered for sale at a permitted temporary retail outlet.
(d) Information on how to submit an electronic notification under subsection (a) is available at www.dtsc.ca.gov/hazardouswaste/perchlorate.
(e) Written notifications submitted under subsection (a) shall be submitted to: Department of Toxic Substances Control, Hazardous Waste Management Program, Regulatory and Program Development Division, P.O. Box 806, Sacramento, CA 95812-0806, with "Attention: Perchlorate Materials BMPs" prominently displayed on the front of the envelope.
(f) A business submitting notification under section (a) may request a business confidentiality claim that part or all of the notification information be withheld from public disclosure by the Department pursuant to the California Public Records Act, Government Code section 6250 et seq.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5, 25210.6 and 25504.1, Health and Safety Code; and Sections 14231-14623, Food and Agricultural Code.
s 67384.8. Special Best Management Practices for Flares and Pyrotechnic Perchlorate Materials.
(a) Road safety flares shall be used in a manner that minimizes releases of perchlorate to the environment. The following practices shall be implemented to the extent practical without impeding immediate safety considerations:
(1) Flares should be allowed to burn completely;
(2) Flares used in an emergency incident shall be limited in number and duration necessary to ensure safety; and
(3) All personnel who routinely use flares in the normal course of employment should receive instruction on the potential environmental hazards associated with the use of perchlorate materials and on the perchlorate Best Management Practice requirements of this chapter.
(b) Marine safety flares shall be used in a manner that minimizes releases of perchlorate to the environment.
(c) Within twenty-four (24) hours of a public display of fireworks or the use of dangerous fireworks, the pyrotechnics operator, in addition to complying with title 19 of the California Code of Regulations, section 1003, shall, to the extent practical, collect any stars and un-ignited pyrotechnic material found during the required inspection of the entire firing range.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.9. Spill Response Best Management Practices for Non-Hazardous Perchlorate Materials.
(a) For spills of non-hazardous perchlorate materials to the environment, a handler of perchlorate materials:
(1) Shall immediately take action to stop and contain all spills of perchlorate material;
(2) Shall determine whether any material resulting from the spill is hazardous waste, and if so, shall manage the hazardous waste in compliance with all applicable requirements of this division. The handler is considered the generator of the material resulting from the release, and shall manage it in compliance with chapter 12 of this division;
(3) Shall collect to the extent practical any material resulting from the spill; and
(4) Shall prevent or minimize releases to storm drains.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.10. Discharge/Disposal Best Management Practices for Perchlorate Materials.
(a) When solid non-hazardous perchlorate containing waste is land disposed in California, it shall be disposed of in either:
(1) a hazardous waste landfill; or
(2) a composite-lined portion of a non-hazardous waste landfill that meets all requirements applicable to disposal of municipal solid waste in California after October 9, 1993. If a release is indicated by the landfill's Detection Monitoring Program, the landfill shall include perchlorate as a Constituent of Concern in the Evaluation Monitoring Program.
After the initial evaluation monitoring, monitoring requirements imposed pursuant to this subsection may be modified or terminated by the RWQCB if deemed appropriate.
(b) When non-hazardous liquid perchlorate-containing wastewater is discharged in California, the discharger shall:
(1) notify the overseeing regulatory agency and the appropriate RWQCB of the perchlorate discharge; and
(2) upon initial issuance or renewal of the existing authorization for discharge, shall include perchlorate in the required monitoring program, if deemed necessary by the overseeing regulatory agency.
(c) The POTWs receiving wastewater from a business that has identified perchlorate-containing discharges, shall:
(1) notify the appropriate RWQCB of the acceptance of perchlorate- containing waste by the POTW; and
(2) upon initial issuance or renewal of the existing authorization for discharge, shall include perchlorate in the required monitoring and reporting plan, if deemed necessary by the RWQCB.
Monitoring requirements imposed pursuant to this subsection may be modified or terminated by the RWQCB if deemed appropriate.
(d) The requirements of subsections (a) and (b) do not apply to:
(1) Perchlorate-containing water resulting solely from treatment with a sanitizer, disinfectant, or bleach;
(2) Household non-hazardous perchlorate-containing waste; and
(3) Non-hazardous perchlorate wastes resulting from the use of safety flares during a public safety activity.
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67384.11. Pollution Prevention Best Management Practices for Perchlorate Materials.
(a) On or before January 1, 2008 and every 5 years thereafter, a business that uses perchlorate-containing fertilizers, road safety flares, commercial explosives, or commercial blasting agents, in an amount greater than 500 pounds in any month, shall:
(1) Review the use of these perchlorate-containing products to determine if a non-perchlorate-containing alternative is available and equivalent; and
(2) Review and implement as appropriate pollution prevention measures to prevent releases of perchlorate.
Fertilizers that are substances allowed by the United States Department of Food and Agriculture pursuant to the Organic Foods Production Act of 1990, are exempt from this subsection. Other fertilizers that are perchlorate materials solely because the source of the perchlorate is from an allowed substance pursuant to the Organic Foods Production Act are also exempt from this subsection.
(b) On or before January 1, 2008, a business that uses dangerous fireworks in amounts greater than 4,000 pounds net explosive weight, or conducts public display of fireworks in amounts greater than 4,000 pounds net explosive weight, or uses solid rocket motors, in amounts greater than 8,000 pounds gross weight, at the same location, in a calendar year, except as specified in subsection (c), shall submit to the Department the following data regarding the Area of Interest:
(1) Perchlorate analytical results of existing storm water monitoring, in the Area of Interest, mandated by a storm water permit authorized by the SWRCB or an applicable RWQCB that requires monitoring for perchlorate; or
(2) Existing environmental monitoring of the Area of Interest for perchlorate in the soil and/or water.
(c) A business subject to subsection (b) above is exempt from the data submittal of subsection (b)(1) and (b)(2), if the perchlorate-contaminated media in the Area of Interest is exempted under section 67384.2(b)(2).
Note: Authority cited: Sections 25210.6 and 58012, Health and Safety Code. Reference: Sections 25210.5 and 25210.6, Health and Safety Code.
s 67390.2. Information Required for a Determination.
(a) Upon receipt of a request made pursuant to Health and Safety Code sections 25221, 25222.1, 25233 and 25234, the Department shall review all available documents and other written information with regard to the property concerned and notify the requester whether sufficient evidence exists for the Department to proceed with a hazardous waste property or border zone property designation, variance from such designation, or removal of such designation.
(b) In determining whether sufficient evidence exists for the Department to proceed with a determination pursuant to Health and Safety Code sections 25221, 25222.1, 25233 and 25234, the Department shall take into account: (continued)